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1939 September 1939 OOOUPATIONAL ORDINANOE A Auctioneers selling or offering~or sale new good or merchandise, belonging to them or in their pouession upof1. the public streets, avenues or common grounds, or elsewhere, within the corporatê limUsof this oity, per day. $.5.00. Same,'J":r six months, $1.5.00 Same, per year, $2.5.00 Provided, the foregoing taxshalJ: not apply to auctioneers engaged exclusively in the selling at auction of live stock, farm implements, or the household goods and effects of any resident fämily~ I Bankrupt stock removed to this oity and sold as such, or any merchandise removed to this city from some other place and sold or offered for sale in said city under advertisement or àhnounoement that the samels to be sold within a limited time *,or at a reduced price and not asth,e"regul~y conducted "per~ri.tr,bus:tnesø in t.his city is carried on, per day, $5.00. lill 'board advertising. bill posting, thrust upon attention of public view from bill board located upon private property. or elsewhere. by persons. firms or corporations for hire, profit, or gain, per board, per year. $5.00. Billiard hall or pool hall. first table, per year, $25.00. Same. second ta.ble, per year, $10.00. Same, each additional table, per yea,r, $5.00. ,~ :Sowllg.g alley, first alley, per year, $25.00. Samefi.-.eoond alley, per year, $10.00. Same, each additional alley, per year, $5.00. Buses, bus lines, or motor tran$portat1on companies, transporting passengers forhlre from a.nr place within the City of :Blalr, Nebraska, to other points or places within the state of Nebraska, outdde of said city and from outside of said city and within said state to or within the corporate limits of the City of Blair, Nebraska, on each such occupation or businesst per bus line, per year, $5.00. 0 Circus, per day, $10,00. Circus Parade, where tent 1s outside city limitst per day, $10.00. Oonsesslons, not otherwise classified, such as lung tester, doll racks, stands of any kind or description, carnival compan;y(for each concession connected therewith) sä14 tax shall be 8,l1)" swn not exceeding, per dä)T $50.00. Säid fee shall be fixed in each instance at the discretion of the ma.yor and counoilin view of the välue of the concession to the concessionaires and the probable amount of police supervision which their presence oity may require. Creamery companies, buying cream, butter-fat or milk-fat, their agents or servants or handling cream, butter-fat or milk-fat on a delivered in basis and rent ing or leaaing Oan8 and e qulpment ot 110al buying agents where no manufacturing plant 1s operated or ~alnta.ined within the corporate limits of this city, each per year, $5.00. D D ¡~le. or any person selling milk, cream or milk products, per year, $2.00. Day cleaners. -oressars. cleanar.g of cloth. fa,brim¡ or clothin~- their ] September 1939 ]lectrlcians, orginal registration, per year, $10.00 Same, renewal registration, per year. $1.00. / Express companies, on intr-state buesiness to and from the 01ty ot 131a:1.r, Nebraska, per year. $5..00. 11 Ferris wheel, first day, $5.00. Same. eaèh additional day, $2..00" Fruits, vetables or other commod1t1es, retail dealers in, selling or offering for sale any of said commodities from railroad car, truck, automobile or other vehicle, or otherwise, per day, $10.00. H Hawkers and peddlers, not otherwise classified. per day, $10.00. M Minstrel troupes, stock oompanles or' s.imila:r entertainments, .how1~ under canvas, per day, $5.00. Motion pictures, showing un(btr oanvas, per day. $5.00. Motion pictures, per year. $~5:()O. . ", . ".',. , Mudc machines. coin operated, for each machine or system, per year, $2.00. p PhTs1cia.n, surgeons, opticians, optometrists, osteopaths. ohriopraotors, chiropodiste or any person practicing the healing art, under advertisement or announoemen.t that the{r services or merchandise are avai.lable in. said oUy for a llmitedtime or at. a reduced price, per day, $2.00. Same, per year, $10.00 Provldedthe above tax shall not apply to practitioners called for Qonsultation or d1agnosis, or it members ot staff ot any local hospital. Plumbers or draln1ayers original registration. per year, $10.00. Same, renewal reghtration, per day, $1.00. P1nbAJ.l machines, f~r amusement only, on each machine per year, $2.00. R 1iailroadøompan1es Md each and every- other corporation or individual eacept those mèntloned 1%1 ":an and "T" hereot. carrying and transporting freight and passengers ~or hire tram any place within the City of Blair. Nebraska. to~oints or place. withi%1 the State of Nebraska, outside of said City and from outside ot 8a1dc1ty and within the corporate limits of the Oity- of :Blair, Nebraska. on each such oCcupation or business. per year. $10.00. Provided. the pfqment of the occupation tax by any ral1roadcompany &8 aforesaid, shall entitle said railroad compa~ as owner, agent or leasee to Operate a bu. line. ~ruckline or motor tranlportatloncompan¡ or all or any of them without first, paving the occupat1on tax levied in "B" and tiT" hereof. Retail sellers of goods or merchandise, not otherwise classified, whether said goods or merChandise are sold, by sample or by taking orders for future delivery, from truck, automobile or other'vehicle, per day, $2.00. Thh not include commercial travelèrs selling to dealers only. September 1939 w Wholðsale dealers, in goods, wares, merchandise or commodities, buying, selling or offering for sale any article of.çommerce or trade. not otherwise clasdfhd, from truck. automobile Or other vehicle Or taking orders from truck. automobile Or other'vehicle for future deU.ver1 trom truck, au tomobUe or other vehicle for future delivery from 'ruck. automobile or other vehicle, Of any article of commerce or tr~.. or delivering any ~tlcle of commerce or trade to retailers for purposes of røihe, pursuant to or4.r previously taken or placed w1th said wholesale., b7 truck. automobile or other vehiole, per day, $1.00. provided. the foregoing provisions shall not apply to commercial travelers selling to dealers only when the articles or commod1t1es sold by them are later delivered bý carriers for h11'e. . L.. ,I""" "'~" r ~ ' .ORDINANCE RECORD 307 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ","--, ,-"" -"---'"'-,-'",."-,,!-~~!': NO".',~!,",~~.!:¡:J'"T~Q,._,_O,~9,,1i~!!.'"--,-,- OPENING , Blair, Nebraska. September 19, 1939 ~ I I The Mayor and Council of the City of Blair, Washington County; ,Nebraska, met in regular (sp:e:c::;i;a:l) session in the Council Chambers at ~ 0' clock P . M. Mayor P. O. Sorensen, presided. City Clerk Henry Christensen recorded the proceedings of this meeting. ' t t ", \ ,- ROLL CALL The Mayor instructed the Clerk to call the roll. The Clerk called the roll and the following Councilmen were present: Christensen, Hansen, Holstein, Hundahl, Kwlr, McOomb, Pau~sen. Absent: Rounds ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordi- nances was now in order. , "~ ORDINANCE NO. 5113 , " Introduction of Ordinance No. 553 Blair, Nebraska. And the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 553 of the City of Blair, Nebràska. This ordinance was introduced by Councilman C. E. McOomb , and is in words and figures as follows, to-wit: (Insert copy of ordinance as finally passed, signed and sealed here.) of the City of t. ORDINANCE NO. 553 An ordinance creating paving District No. 20 in the City of Blair, Nebraska, defining its area and boundaries, providing for the improvement of certain streets in said district l:>y grading, curbing, gutte~ing and paving, describing the property specially benefited bY said imnY'ovf>.ment, n-rmrièHn(Î .pryy, ,..,laYlCl 30S ORDINANCE RECORD Compiled by George R. Mann. Lawyer, Lincoln, Nebraska. - .J<9~.!!c"!:~~'!!b~~",,- SECTION 1. There having been heretofore filed with the City Clerk of Blair, Nebraska, petitions signed by more than sixty per cent of the resident owners, owning property directly abutting upon the streets hereinafter described, requesting the fonnation of a paving district and the improvement of said str~ets by grading, curbing, guttering and paving the same, said petitions being in due form>and being sufficient according to the Statutes of the State of Nebraska, in such cases made and provided, there is hereby created within the City of Blair, Washington Co,:!nty, Nebraska" a street improvement distî'tict to be known and designated as "Paving District No. 20 of the City of Blair, Nebraska", which shall include all the real estate wi thin the bounék'"tries hereinafter defined. 'tII SECTION 2. Said Paving D:1.strict No. 20 shall and,hereby does compr:1.se and include all of the following described real estate, which is hereby declared to be specially benefited by said improvement, to wit: North Half of Lots 1, 2 and 3, Block 58, City of Blair, Nebraska; South Half of Lots 1, 2 and 3, Block 515, City of Blair, Nebraska; Lot 21, Block 515, City of Bláir, Nebraska; Lot 1, Block 6l~, City of Blair, Nebraska" North Half of Lot 12, Block 64, City of Blair, Nebraska; South Haif of Lot 12, Block 64, Oityof Blair, Nebraska; Lots 1 and 12, Block 77, City of Blair, Nebraska; Lot 1, Block 113, Ninth Addition to the City of Blair, Nebrasr-,:a; Lots 1 and ß, Block 2, Kennard's Addition to the City of Blair, Nebraska; Bloclc 1, Kennard's Addition to the City of Blair, Nebraska; Lot 4, Block 112, EiVlth Addition to the City of Blair, Nebraska; Lots 6 and 7, Block 76, City of Blair, Nebraska; Lots 6 and 7, Block 65, City of Blali~, Nebraska; Lots 15 and 16, Block 57, City of Blair, Nebraska. J SECTION 3. The outer boundaries of said Paving District No. 20 and the limits thereof shall be as follows: Commencing at the Northwest corner of Lot 3,Block 58, City of Blair, NebraslQ\; Thence South to the north line of Lot 20, Block 58, City of Blair, Nebraska, along the west line of said Lot 3' Thence east to the northwest corner of Lot 21, Block' 58, City of Blair, Nebraska, along the north line of said Lot 20' Thence South to the north line of Lot 1, Block 113, Ninth Addition to the City of Blair, NebraslQi, along the west line of Lot 21, Block 58, City of Blair, Nebraska, Lots 1 and 12, Block 64, City of Blair, Nebrasl~, and Lots 1 and 12, Block 77, City of Blair, Nebraska; Thence west to the Northwes't corner of said Lot 1, Block 113, Ninth Addition to the City of Blair, Nebraska, along the North line of said Lot 1, Block 113; Thence South to the North line of Lot 2, Block 2, Kennard's Addition to the City of Blair, Nebraska; along the west line of said Lot 1 in said Block 113; Thence east tq the Northwest corner qf Lot 1, Block 2, Kennard's ~ddition to the City of Blair, Nebraska, along the north ll.ne of said Lot 2 Block 2, Kennard's Addition; Thence SoUtl1 to the South~est corner of Lot ð, Block 2, Kennard's Addition to the City of Blair, Nebraska, along the West Line of sald ,¡ ORDINANCE RECORD 309 Co~piled by George R. Mann, Lawyer. Lincoln, Nebraska. .~ -'-"""-----"'.' "'-."""""'" "0.."""""" ...."",. .., ..".,-"."_.,, " ."""~=~"-' I ~I Th~nce North to the South line of Lot 8, Block 76 City of Blair, Nebraska, along the East line of said Lot 4, Block 112, Eighth Addition; Thence West to the Southeas,t corner of Lot 7, Block 76, City of Blair, Nebraska, along the South line of said Lot $, Block 76; Thence North to the South line of Lot 13, Block 57, City of Blair, Nebraska, alo:ng the east line of Lot 7, Block 76, City of Blair, Nebraska, Lots 6 and 7, Block 65, City of Blair, Nebraska, and Lot 16, Block 57, City of Blai~, Nebraska; Thence west to the Southeast corner of Lot 15, Block 57, City of Blair, Nebraska, along the South line of Lots 13 and 14, Block 57, City of . Blair, Nebraska; Thence North to the Northeast corner of saiò. Lot 15, Block 57, Oi ty of Blair, Nebraska, along the East line of said Lot 15, Block 57; Thence '¡'[.est to the Northwest corner of Lot 3, Block 58, City ,of Blair, Nebraska, along the North line of Lot 15, Blocl{ 57,iOity of Blair, Nebraska, and Lots 1, 2 and 3, Block 58, City of Blair, Nebraska, to the place of beginning, all in the City of Blair, Washington County, Nebraska; SECTION 4. The following street within said Paving District No. 20 shall be and hereby is ordered improved \þy grading, curbing, guttering and paving, the same, to wit:"., ~, ; I í ,.' if- " j Fifth Street from the South line of Lincoln, Street to the North line of Butler Street. SECTION 5. The width of roadways to be paved between the curbs of said streets is to be 24 ft. SECTION 6. All of the grading,. curbing, guttering, and paving on said streets sl~ll be constructed to the established grades as fixed by the ordinances of said City and center line of the paving shall be the center line of said respective streets. SECTION 7. The special engineer employed by the City shall make detailed plans and specifications for said improvements and an estimate of the cost thereof, and shall submit the same t"o the M,.:l,yor and Council of said Oi ty, and upon approval of the same by said Mayor and Council of said City, bids for the eonstruction of said work shall be invited by notice published in The Pilot-Tribune of Blair, Nebrasy>.8.. In advertising for bids for any and all work and material the amount of the Engineers estimate of cost, shall be published therewith. Upon acceptance of any hid therefore, the Mayor and City Clerk of said City are authorized to enter into a contract on behalf of said City for such worle and material and shall have attaehed thereto the seal of said City. The Mayor and Council of said City shall have the right to refuse any and all bids. SECTION 8.' The cost of g..rading, eurbing, guttering and pavinG said streets exelusive of the intersections and areas formed by the crossing of streets and alleys, and all expenses incident thereto, shall be specially assessed against the lots and parcels of real estate in said Paving District abutting on or adjacent to said streets to be improved or speeially benefited by said improvement in proportion to such benefit reeeived from ,..n,...'h 4 "._'~_n_.._._L --" - , . )10 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. . - --. -"'-n__.., -.-. . -.'-----.m '-.-n ... - __._n....__.._,---_.._-_.._...__...._....~~~~~~:.~~_I_QU~ZP~T~:..CO_::()"J:),,;,B:__- Intersection Paving Bonds at the time the same become due. SECTION 10. For the purpose of paying the cost of grading, curbing, guttering, and paving said streets, exclusive of the intersections and areas formed by the crossing of streets and alleys, including all expenses incident thereto, the Mt:tyor and Council of said City shall, after completion of the work, cause to be issued bonds of the City of Blair, Nebraska, to be called "District Paving Bonds in District No. 20". The special taxes and assessments to be levied upon the property specially benefited by said improvement, when paid, shall constitute a sinking fund for1;.he payment of said paving bonds and the interest thereon. SECTION 11. For the purpose of making partial payments as the work progresses, warrants shall be issued from time to time by the City Council upon certificates of the special engineer in charge of said improvement, showing the amount of work completed" said warrants not to exceed in the aggregate 80% of the Cost of such improvements and such warrants shall be redeemed and paid upon the sale of the District Paving Bonds to be issued and sold as aforesaid. SECTION 12. This Ordinance shall take effect and be in force from and -after its passage, approval and publication, according to law. . . PASSED AND APPROVED THIS 19th DAY OF SEPTEMBER, 1939. P. C. Sorensen ¿/l/ / ~~ , Mayor Attest: . ó:'!. .~,... . (;) j), .. . / , . '.. . (Ii y~ Henry. 'jnj¡st;e,ns~, City Clerk 315 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. þ - ~-~-~ I --------------------- -- - . .- -~.n~ -------.------------------ ------- " RESOLUTION INCORPORATING BY REFERENCE ORDINANCE RECORD INTO MINUTE RECORD f ~ Whereupon the Mayor announced that the introduction of ordinances was now in arder. Whereupon it was moved by Councilman--_.J?_~.W~;æ-_j.B;gJ,;êJt'_~_~Am_______and seconded by Councilman ---mQ_~--__$'f;¿_l~¡_CJ:;XrmÞ----_--_---_that the minutes of the proceedings of the Mayor and Council of the City of ----_---_m___:e.J.g,1_r._--_m__--____n_m____n____m_m__, _.n_m_mmJ[~te.h_4J1ßt.9XL____--mCounty, Nebraska, in the matter of passing and apprõving Ordinance No.---.553-m_-, be preserved and kept in a separate and distinct volume known as "Ordinance Record, City of-_B.lg,j._r.--____n__.n___'~"-':_"-'-_,,_,_---_:; Nebraska," and that said separate and distinct volume be incorporated in and made a part of these proceedings the same as though it were spread at large herein. The Mayar instructed the Clerk to call the roll. The Clerk called the roll and the following was the vote on this motion: Yeas: Christensen, Hansen, Holstein, Hundahl, Kubr, McComb, Paulsen; Nays: Rounds absent. Motion carried. L- Note: The Council should pass the above resolu tion and the City Clerk should record the same in the Minute Record before the introduction of the Ordinance begins. No. 125 CompUed b;yGeorgê R.Mann.LaW;Yer.Uncoln, Neb. --- QUIZ PRINTING CO.. ORD, NEB. and approval of the same and affixed his signature thereto. The following is a. true copy of said ordinancen: October 3,1939. ORDINANCE NO. 551~ OF THE CITY OF BLAIR, NEBRASKA .\ "AN ORDINANCE AU'rHORIZING THE ISSUANCE OF DISTRICT PAVING BONDS OF PAVING DISTRICTS NOS. 10 to 13 INCLUSIVE OF THE CITY OF BLAIR, NEBRASKA OE' THE PRINCIPAL AIdOUNT OF SIX THOUSAND FIVE HUNDRED DOLLARS ($6,500. 00) '1'0 PAY Fan STREET IMPROVEMENTS IN PAVING DIS'rRICTS NOS. 10 to 13 INCLUSIVE AND PRESCl1.IBING- THE FORM THJ<~FH¡'.rHi" fj, T\Tn "þQ(ì'TTT'\T 1\Tf'- 171("1'0 mul7I (1,;)1711\ m Tr'\'!IT r'\T:'1 ^ ð TT\TTr.,.....r< ORDINANCE RECORD 316 -""'------'--..- -- '--'.. -_.,_. _. ...... Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. "...... ..-.- '."",'_. -- .m.. "'..m.. "". ",--- ...... ...,--.. -- ..-. -, ... ,.....- FORM NO. 101 QUIZ PRTG. CO.. ORD. NEB. of streets, avenues and alleys) is the sum of $7929.10; that the reasonable value of the labor and materials furnished by sa-id contractor in constructing said improvements and thearnount of the benefit to the City therefrom is the aforesaid Sum of $7927.10; that after applYing all the money already collected, from .the special assessments to the payment ,of .said indebtedness, there still remains due from the City on account thereof, includin accrued interest on warrants, the sum of $6500.00; that all conditions, acts and things required by law to exist or to be done precedent to the issuance of Distric;t¡ Paving Bonds of said City to pay for said grading, curbing, guttering and paving the streets, avenues and alleys (other than the intersections and area formed by the crossing of streets, avenues and al,leys) in said Districts, do exist and have been done as required by law. ...!: ! , = Section 2. To pay the cost~f said grading, curbing, guttering and paving the streets, avenues and alleys (other than the lntersections and. areas formed by the crossing of streets, avenues and alleys) in said Paving Distrlcts #10, 11, 12 and 13, there shall .be and there are hereby ordered issued negotiable bonds of the City of Blair to be called "District Paving Bonds of Paving Districts 1/:10, 11, 12 and 1311 of the urtncipal amount of Six Thousand Five Hundred Dollars ($6,500.00) consisting of seven bonds, nwnbered from 1 to 7 inclusive, bond numbe'r 1 being in the denomination of ~500.00, and bonds numbered 2 to r¡ being in the denomination of *1'1000.00 each; .a.l1 of said bonds to be dated the Is,t day of October, 1939 ,and to bear interest at the rate of three and one-quarter per centum ( Jt%) per annum, payable semi-annually on the first day of April and October of each year, and the principal of said bonds to become due as follows: . Bond #1-$500-Due October 1, 1949-optional on any interest date , after October 1, 19L~ 3 Bond #2-$1000-" Bond #3- ~~lOOO-1I Bond #4-$1000-11 Bond #5-$1000-" Bond 'if6- ~~l 00.0- II Bond 1Þ7-:~1000-" ,~ ~; " 1, 191'9-optional on any interest date after October 1, 1944. 1, 1949-optional on any interest date after October 1, 1945 II " 1, 1949:":optional on any interest date after October 1, 1946 1, 1949-optional on any interest date after October 1, 1947 II " 1, 1949-optional on any interest date after October 1,.1948 II 1, 1949 Attached to each of said bonds shall be interest coupons for the amount of the respective interest payments to become due thereon and payable at the time said interest payments become due. Section 3. Said bonds shall be executed on behalf of the Cfutv bv hFd nc:r ,cd (Jon",,;! h" +'h", H~..~~ _~r~ 1"14 -1-.. ("I, -~,- -.-;:) -'--"'"' ,-, h- 317 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. -'--.---.-.."" -.." """""""'" -,.."".'-, "M"'", "'" "'- the time such interest and principal respectively become due, then the L~yor and City Council shall cause to be levied and collected annually a tax by valuation upon all the taxable property in the City in addition to ~ll other taxes, sufficient in amount to fully pay the principal and interest of said bonds as the same become due. II Section 5. Said bonds and coupons shall be substantially in the following form: UNITED STATES OF M~ERICA STATE OF 'NEBRASKA, COUNTY OF WASHINGTOtJ DISTRIcrr PAVING BOND OF THE CITY OF BLAIR PAVING DISTRICTS NOS. 10 11,12 and 13 No. :~1000. 00 r ; KNOW ALL MEN BY THESE PRESENTS: That the City of Blair in the County of Washington, in the State of Nebraska, hereby acknowledges itself to owe and for value received promises to pay to bearer the sumeof One Thousand Dollars ($1,000.00) in, lawful money of the United States of America on the first day of October, 191.~9, with interest thereon from the date hereof until paid at the rate of three and one-quarter per centum (3ì%) per annum, payable semi-annually on the first day of April and October of each year on presentation and surrende.r of the interest coupons hereto attached as they severally become due. The principal and interest hereof are payable at the office. of the Treasurer of Washington County, in the City of Blair, Nebraska For the prompt payment of this bond, both principal and interest, when due, the full faith credit and resources of said City are irrevocably pledged. This bond is redeemable by the City on any ~nterest date after October 1,19---. This bond is one of an issue of seven bonds, numbered from 1 to 7 inclusive, of like date and tenor, except as to denomination and option date, bond number 1 being in the denomination of Five Hundred Dollars ($5°0.00) and bonds numbered 2 to 7 inclusive being in the denomination of One Thousand Dollars ($1,000.00) each, of a total principal amount of Six Thousand Five Hundred Dollars ($6,500.00) and is issued by said .city for the purpose of paying the cost of grading, curbing, guttering and paving the streets, avenues and alleys (other than the intersections and areas formed by the crossing of streets 'avenues and alleys) constructed by the City in Paving Districts Nos. 10,11, 12 ,and l~) in strict compliance with Section 17-4J2 of C.S.Supplement of Nebraska for 1937, and has been authorized by Ordinances legally enacted and p,roceedine;s duly had by the Mayor and Oi ty Council of said Oi ty. f~ì It is hereby certified and warrqnted that all conditions, acts and things required by law to'exist or to be done precedent to and in ~he issuance of this bond, did exist, did happen and werA iJnnA !:>Y'lrl 'Y'\o.....-f'rn...-~,,~1 ~~ '~~,...., -_.~ ____1 -,..- .0_---,., u." L. ORDINANCE RECORD 31ß Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO. \01 QUIZ PRTG. co.. ORO. NEB. -.--. . -. -..". .-".-.. ....".-.. .... ... ...... .-. ....... ........ '0' . IN WITNESS WHEHEOF, the Mayor and City Council have caused this bond to be executed on behalf of the City of Blair by being sie.Jled by its Mayor and Clerk and. by causing the official seal of the City to be affixed hereto and have caused the interest coupons hereto attached to be executed on behalf of the City by having affixed thereto the engraved facsimile signatures of its Mayor and Clerk, and the Mayor and Clerk do by the executio of this bond, adopt as and for their own proper signatures their respective facsimile signatures affixed to said coupons. Dated this first day of October, 1939. CITY OF BLAIR, NEBP~SKA I 1 , ¡ I . ATTEST: BY . Mã ÿOr .-- -City Clerk- SEA L NO. (FORM OF COUPON) ~~16. 25 On the first day of April (October) 19_(providing the said bond has not been redeemèd prior to 88.;+.<1 date) the Oi ty of Blair, Nebraska will pay to bearer Sixteen and 25/100 Dollars ($16.25) at the office of the County Treasurer of Washington County, Nebraska, in the City of Blair, Nebraska, for interest due on that day on its District Paving Bond of Paving Districts Nos. 10, 11, 12 and 13, dated October 1, 1939. Cfty Ciërk Mayor i I Section 6. After being executed by the Mayor and Clerk, . said bonds shall be delivered to the City Treasurer who shall be responsible therefor under his official bond. The City Treasurer shall cause said bonds to be registered in the office of the Auditor of Public Accounts of the State of Nebraska and in the office of the County Clerk of Washington County. The City Clerk is d1.rected to make and certify in duplicate, transcripts of the proceedings of the City precedent. to the issuance of said bonds, one of which transcripts shall be filed with the Auditor of Public Accounts of the state of Nebraska, and the other shall be delivered to the purchaser of said bonds, Section 7. Sale of said. bonds to Vvachob-Bender Corporation of Omaha, Nebraska, at not less than par, according to contract taken September 27th, 1939, i8 hereby confirmed. The Treasurer is authorized to deliver said bonds to the purchaser upon receipt of full payment for the same. . Section 8. This Ordinance shall be in force and effect from and after its passage. Passed and approved this 3rd day of Octob:r ~939. , ..~ ,-, - '-""""--"'._',_,-_",,- .'. -,- -'."',....,.".,.."_,__m,,, '.n._._..__..-..._,..___.é~R~._!;¡~:.',:A'~~,_Q~"PT~.CO::ORO:~.~.:.. ORDINANCE RECORD MUNICIPAL CODE City of Blair, Washington County,Nebraska [VOLUME I ] I I ') 1,.0 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. , -..",........" ",-, -""""""" ..., ...... ,m.... ' FORM NO, "HA QUI> PTG, CO" ORO, N... .. ,""".. .. , ,..., , , , OFFICIAL ROSTER OFFICERS AND MEMBERS 011" THE CITY COUNCIL, OF THE CITY OF BLAIR, NEBRAßKA, 1939-1940. z P. C. Sorensen John'E. Hansen Henry Christensen Louis Murdoch O. H. Carl Dr. Morris Nielsen Victor Johnson S. W. Chambers John E. Hansen Harry L. Morris Light, Water, Victor Johnson Norman E. Tilden Mayor President of the Council Ci ty Clerk Ci ty Treasurer City Attorney Ci ty Physician Chief of Polhe Police Magistrate Chief of Fire Department Ioe and Sewer Commissioner Street Commissioner Engineer COUNer LMEN First Ward C. M. Christensen Dewey Holstein Second Ward. Emmett Rounds John E. Hansen Third Ward Alfred Paulsen C. E. McComb Fourth Ward Martin Kuhr K. P. Hundahl OPENING The Mayor of Blair adjourned regular August 19 at 7:00 City Blair , Nebraska. August 21 ,19 39 and Council of the 01 ty Washington County, Nebraska, met in session, pursuant to adjournment of , 193 9, in the Council Chambers o'clock P. M. Chairman Mayor P.C.Sorensen presided. ~lA~~Chp1A~AnAAn ~Ø~~~~Ørl +ho ~~~nonrl~~~- -~ +h<- ---+<-- ORDINANCE RECORD 3 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ORDINANCE No. 551 , CHAPTER 1 Introduction of Ordinance No. 551 Municipal Code of the City of , Chapter 1 Blair , of the Nebraslw. And the matter now corning before the Mayor and Council was the passage and approval of Ordinance No. 551 , , of the Municipal Code of the Oi ty of , Nebraska. This ordinance was introduced by Christensen, and is in words and figures as Chapter 1 Blair Councilman C. M. follows, to-wit: CHAPTER 1 ADDITIONS, CITY LIMITS, WARDS An ordinance relating to the corporate existence of the City of Blair, Washington County, Nebraska; to define the limits of present territory included therein; to designate, divide and define the several wards thereof; to provide for the selection of polling places in each of said wards; to provide procedure for the inclusion or annexation of additions to the present corporate limits; to prövide penalties for the violation there of; to repeal all ordinances and parts of ordinances in con- flict therewith; and to prescribe the time when this ordi- nance shall be in full force and take effect. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: 17-414, C. S. N., 1929. I : Section 1. CITY LIMITS, DEFINED.- All the additions, lots, landS, subdivisions and parcels of ground included within the . hereinafter described 11mi ts having been by act or ordinance of the mayor and council duly annexed to or made a part of this city, or having been bY the act, authority, acquiescence, consent, platting and. dedicatton of their respecti veowners created either as original townsi tes or as addi tions to the City of Blair, Wash- ington County, Nebraska, are hereby declared to be within the corporate limits of the City of Blair, Nebraska, and the oor- porate limits of said City of Blair (decrees in all disconnection suits considered) are hereby declared to be as follows: liThe City of Blair, Washington County, Nebraska, is situated in Seo- tions 11, 12~ 13~ and 14, Township IS North, Range 11 East of the 6th P.M.~ the corporate limits of which are described as follows: Beginning at the southwest corner of the Southeast Quarter of the Southwest Quarter of said Section 11; thence northerly on the north and south quarter-quarter line to a point which 1s a distance of 390 feet northerly from the southwest corner of the Northeast Quarter of the Northwest Quarter of said Section 11; thence easterly, on a line which is 390 feet north- erly from and parallel wi th the south Une of said Northeast Quarter of the Northwest Quarter to the extended east line of OenterStreet of Dexter's Addition to the City of Blair; thence northerly, on said extended east line of Center Street to its intersection with the extended north line of Wri~ht St~eAt of 'j: ORDINANCE REC.ORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska, wi th the west 11 ne of the Northeast Quarter of the Northeast Quarter of said Sectlon 11;. thence northerly, on the west line of said Northeast Quarter of the Northeast Quarter to a point which is a distance of 33 feet southerly from the northwest corner there- Of; thence easterly, 33 feet southerly from and parallel with the north line of said Section 11, a distance of gO rods more or less to a point on the east line of said Section 11, said point being a distance of 33 feet southerly from the northeast corner thereof; thenoe continuing easterly in Section 12, Township 19 North, Range 11 East of the 6th P. M., 33 feet southerly from and par- allel with the north line of sa~d Section 12, a distanoe of 1367.1 feet to the northwest corner of Lot 6 of Block 117 of the Elev- enth Addition to the City of Blair; thence southerly, on the west line of said Blook 117, a distance of ~gl.84 feet to the north- west corner of Lot 15 of said Block 117; thence easterly, 300 feet northerly from and parallel with the south line of said Blook 117, a distance of 1232.1 feet to the northeast corner of Lot 16 of said Block 117; thence southerly, on the east line of said Lot 16, a distance of 3°0 feet to the southeast oorner thereof; said southeast corner being situated on the north line of Jaok- son Street of the Fifth Addition to the City of Blair; thence easterly, on the extended north line of said Jaokson Street, a distance of 528.6 feet to its point of intersection with the ex- tended east line of Twelfth Btrëet of the Fourth Addition to the 01 ty of. Blair; thence southerly, on the said extended east line of Twelfth Street to i te point of intersection with the northeasterly right of way line'of the Chicago 8t. Pàul Minn. & Omaha Railroad; thence southeasterly, on said northeasterly right of way line to 1ts point of intersection with the south 11ne of Section 12, Township 18 North, Range 11 East of the 6th P.M., thence westerly, on the south line of said Section 12 to the southwest corner of the Southeast Q,uarter 'Of said Seotion 12; t. he. noe southerly, on the east line of the Northwest.. Qu.arter of Section 13, Township 18 North', Range 11 ]~ast of the 6th P. M., a distance of 319.4~ feet; thence westerly, 3l9.~4 feet south- erly from and parallel with the north line off;said Section 13, a distance of 260.0 feet; thence southerly, 260.0 feet westerly from and parallel with the east line of the Northwest Q,uarter of said Section 13, a distance of 340.8 feet; thenoe westerly, 660.3 feet southerly from and parallel with the north line of said Section 13, a distanoe of 10°7.53 feet; thence northerly, a distance of 660.3 :rElet to a point on the north line of said Sec- tion 13, said"póint being a dl stance of 51. 3 feet easterly from the northeast corner of the Northwest Q,uElrter of the Northwest Q,uarter of said E8otion 13; thenoe westE~rly, on the north line of said Section 13, a distance of 66.0 feet to the north- east corner of Lot 1 of Block 2 of Prairle Park Addi tioh to the City of Blair; thence southerly, on the east line of said Praìrle Park Addition, a distanoe of 925.3 feet to the southeast corner of Lot 11 of Block 3 of said Prairie Park Addition; thence easter- ly, a distance of 13.2 feet to a point on the east line of the North- west QUarter of the Northwest Quarter of said Section l3,sa~d point being a distance of 395.5 feet northerly from the southeast corner of the Northwest Quarter of the Northwest QUarter of said Section 13; thence southerly, on the east line of said North- west Quarter of the Northwest Quarter, a distanoe of 395.5 feet to the southeast corner thereof; thence westerly, on the south line of said NorthwAAt CnA1"'t:",.... rd' +..'" lIT,.,~."'\-'m__"" A..__..._- -~.- I 1 í ;1 ORDINANCE RECORD 5 Compiled by George R. Mann, Lawyer. Lincoln, Nebraska. -'--'--. ..... "'------""""--""" . --...--.......-------...---- -..--_u.. -.... of said Section 14¡ to a point on the westerly right of wa:y line of County Road No. 38; thanes northerly, on said westerly right of way l1neto a point on the south line of Section 11, Township 18 North, Range 11 East of the 6th P.M.; thence westerly, on said south line of Section 11 to the point Of beginning." 17-102, C. S. SuPP., 1937. Seo.2. WARDS, DEFINED.- The City of Blair shall be and 1s hereby divided into four wards, as follows: The First Ward shall eomprlse and include all that part of said city lying north of Washington Street and east of Fifth Street. Thè Second Ward. shall comprise and include all that part of said oity lying west of Fifth- Street and south of Washington Street. The Third Ward shall comprise and include all that part of said oi ty lying south of Washington Street and east of Fifth Street. The Fourth Ward shall comprise and include all that part of said city lying north of Washlngton Street and west of Fifth Street. Seo.3. POLLING PLACES.- Eaoh ward shall have a polling place or polling places to be selected as provided by law. Sec. 4. ORIGINAL PLAT, PLATS, ADDITIONS, SUBDIVISIONS, OUT- LOTS, APPROVED.- Each and all plats, lots, block, additions, sub- divisions, outlots and parcels of ground included within the corporate 11m1 ts of the City of Blair, Nebraska, as defined in the third preceding section and not vacated of record prior to the enactment of this chapter, including the Original Plat. of said oity, are hereby accepted, approved, and confirmed as valid, and each and all of said lots, blOck~-,additioneJ subdivisions and outlots as heretofore platted and. recorded in the office of the Begister of Deeds of Washington County, Nebraska, and not here- tofore vacatEld, and all other parcels of ground included wi thin said corpora1;e limits as in said preceding section defined, are hereby declared to be within said city and an integral part thereof. 17-414, C. S. N., 1929¡ Sec. 5. LAYING OUT ADDITIONS~ COMPLY WITH CONDITIONS; CON- TIGUOUS LAND, DEFINED.- The owner of any tracts of land within the cOrporate limits of the City of Blair, or contiguous thereto may layout said land into lots, blocks, streets, avenues."and alleys as an addition to the 01 tJr of Blair, upon conformance to and in compliance with the conditions in the seven succeeding sections of this chapter. Sec. 6. SAME, STREETS, AVENUES AND ALLEYS.- The streets, avenues and alleys, in all tracts or parcels of land hereafter subdivided or laid out as an addition, or which may heretofore have been subdivided or laid out as an addition but not submitted to or approved by the mayor and council, shall, unless for good and sufficient reason the mayor and council shall direct other- wise, correspond in width and direction, and be continuations of the streets, avenues and alleys of the city or of any addition contiguous to or near the proposed addition. Sec. 7. SAME, SURVEY AND PLAT.- The own!"!,.. 0,.. nTOnnTO' ..1".("1,.. ("If' 6 ORDINANCE R'ECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ==~c=".'""". . ~...~~=.. ......"=cc~=,"",=..=.~~,--...........=~........=.~=.,,="====".~";:~,~~;,',~'.".~~.PR~;;.!'.?,,,.~.D. ."-"~..~ avenues and alleys, together with an accurate plat of all lots, blocks and streets. Sec. g. SAME, PLAT) SURVEYOR'S CERTIFICATE.- The map or plat shall be accompanied by a certificate from the surveyor making said survey and plat, that he accurately surveyed the said tract and that the lots, blocks, streets, avenues and alleys are accu~ate ly shown upon the said map or plat. Sec. 9. SAME, DEDICATION.- Said map or plat shall hfwe w:t'itten thereon or attached thereto, a dedication to this city for the use of the public) of all streets, avenues) alleys, parks, squares and commons, and all land set apa.rtfo r ohari table, religiotl s and educational purposes therein mentioned and described. Such dedication shall be signed by the owner of the tract of land and shall be duly witnessed and acknowledged. Sec. 10. SAME) APPROVAL OF PLAT; TAXES MUST BE PAID.- Before any such map or plat shall have any validity, it mu st first be submitted to and be approved and accepted by the mayor andcounoil of this. city) and must have such acceptance and approval endorsed the reon: Provided, tha t before any such map 0 r plat shall be considered, approved Or accepted, the owner or proprietor shall pay, or cause to be paid, all taxes, special taxes, and special assessments due thereon, and shall produce a certificate showing that all such taxes and assessments have been paid or cancelled. Sec. 11. SAME, RECORDING PLAT, DEDICATION AND ORDINANCE.- If a majority of all the members of the council shall vote for such annexation, an ordinance shall be prepared and passed by said council declaring the annexation of such territory to the cor- porate limits of this city, and extending the limits thereof ac- cordingly. An accurate map or plat of such territory and said dedication as hereinbefore described, certified by the engineer or surveyor, and acknowledged and proved as provided by law 1n such oases, shall at once be filed and reoorded by the owner or proprietor of such land in the office of the Register of Deeds of Washington County, Nebraska, together with a certified copy of the ordinance declaring such annexation, unÇler the seal of said city. Seo.12. SAME, ADDITIONS, PART OF CITY.- All additions to this city which have heretofore been approved and accepted, or which may hereafter be laid out in accordance with the provisions of this chapter and accepted and approved, shall be and become parts of this(city for all purposes whatsoeverf and the inhabitants of such additions shall be entitled to all rights anò- privileges and be subject to all the laws, or regulations of said city, . Seo.13. SAME; VIOLATION, PENALTY.- Any person whether as owner, proprietor or as the agent, attorney or representative of any owner or proprietor of land, who shall plat or subdivide any tract of land within the corporate limits of the City of Blair, or adjoining and contiguous to the same, except as herein author- ized, or who shall sell, transfer, deed or convey, contract or agree to sell, tre,nsfer or offer for sale any lot Or piece of ground in any addition or subdivision of three or more parte Wi thin said cornor¡:¡,tR! 11m" t<=l. I"IT> ",r'! 1r\1,.,1 nO' o,.,f'!. ",..,.,"'-1 "'",..u... +,.,...~...+-,... ¡---ì ORDINANCE RECORD 7 Compiled by George R. Mann, Lawyer. Lincoln, Nebraska. n- m__- ------------ ----.-M_--_..._..---- . . -------- _0 - 0 ",_--0 - - ----- piece of ground, shall be taken and deemed a separate and dis- tinct offense. Sec. l~. REPEAL OF PRIOR ORDINANCES IN CONFLICT.- All ordi- nanoes and part 8 of. ordinances passed and approved prior to the passage and approval of this ordinance and in conflict therewith are hereby repealed. Seo.15. WHEN OPERATIVE.- This ordinance shall be in full force and take effect from and after its passage, approval and publication acco]~ing to law. Passed and approved August 21, 1939. ;/~-/~ j ~¿~ P. C. SORENSEN, Mayor. ATTEST: ~ (iM.,;.;li~r HENRY HRISTENSEN, City Clerk. (SEAL) B ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. --- ---'"-- ._:.~-~ NO. \~'OUIZ PRT~- CO~ 0-0: ~'B, --1 I ¡ j ,--1 ORDINANCE RECORD 9 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ~ ..~ ...... n_.. n . .. "n""'__-"____nn --". PORM NO "HA DU" PRTO, co.. ORD N'.. _.,.. - ,~ . --- .. - FIRST READING The Mayor then instructed the Clerk to read by title Ordinance No. 551 ,Chapter 1 ,of the Municipal Code of the City of Blair , Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 551 ,Chapter 1 , by title upon its first reading. Whereupon Councilman C.M.Christensen.. moved that said Ordinance No. 551 , Chapter 1 ,be approved on its first reading and its title agreed to. Councilman Dewey Holstein seconded this motion. Whereupon Councilman Emmett Rounds called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: CHRISTENSEN, HOLSTEIN, ROUNDS, HANSEN, PAULSEN, McCOMB, .. KUHR, HUNDAHt Nays: None. Motion: Carried. Whereupon the Ordinance No. 551 ,Chapter 1 and its title agreed to. Mayor declared said , approved on its first reading SUSPENSION OF RULES Whereupon it was moved by Councilman John E.Hansen and seconded by Oounoi1man Alfred Paulsen that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said ordinance might be introduced, read, approved and passed at the same meeting. Oounoi1man C. E. McComb called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HANSEN, PAULSEN, MoCOMB, KUHR, HUNDAHL, CHRISTENSEN, HOLSTEIN, ROUNDS Nays: None. Motion: Carried. Whereupon the Mayor declared the statutory rules in regard to the passage and approval of ordi- nances suspended so that Ordinance No. 551 ,Chapter 1 , might be read by title the f.irst and second times, and at large the third time with the "Yeas" an::J. "Nays" each time called and recorded, approved and passed at the same meeting. SECOND READING Ordinance-No. 551 , Chapter 1 , now comes on for second reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter 1 , by title upon its second reading. The Clerk then read said Ordinance No. 551 ,Chapter 1 by title upon its second reading. Whereupon Councilman Martin Kuhr moved that said Ordinance No.551 ,Chapter 1 ,be approved upon its second reading and its title agreed to. Counoi1man K. P. Hundahl seconded this motion. Whereupon Councilman C. M. Christensen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the f'nll ""d"", "'~~ +\.,~ ..-..- --- ~L' 10 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ..... u .. .. . ,"m......".......... .. . FORM NO "HA DU,z .RTD. CO.. O'RO NEO .. ... ... ,. ... THIRD READING Said Ordinance No. 551 ,Chapter 1 , now comes on for third reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter 1 , at large upon its third reading. The Clerlç read said Ordinance No. 551 ,Chapter 1 ,at large upon its third' reading. Whereupon Councilman Dewey Holstein moved that said Ordinance No. 551 ,Chapter 1 ,be approved on its third reading ' and its title agreed to. Councilman Emmett Rounds seconded this motion. Whereupon Councilman John E.Hansen called for the questipn. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote en this motion: Yeas: HOLSTEIN, ROUNDS, HANSEN PAULSEN, McCOMB, KUHR, HUNDAHL, OHRISTENSEN Nays: None. Motion: Carried. Whereupon the Ordinance No. 551 ,Chapter 1 reading and its title agreed to. Mayor declared said , approved on its third FINAL PASSAGE The Mayor declared said Ordinance No. 551 ,Chapter 1 of the Municipal Code of the Oi ty of Blair Nebraska, having been read by title the first and second times and at large the third time, the rules having been suspended and the "Yeas II and "Nays II having been cal'led' and recorded four times, and each time duly approved and its title agreed to, the question is "Shall said Ordinance No. 551 ,Chapter 1 ,of the Municipal Code of the 01 ty of Blair , Nebraska, finally pass?" Councilman Alfred Paulsen called for the question. The Mayòr put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: PAULSEN, McCOMB, KUHR, HUND AHL , CHRISTENSEN, HOLSTEIN, ROUNDS, HANSEN Nays: None. Motion: Carried. All members having voted on the affirmative for the final passage of said Ordinance No. 551 ,Chapter 1 the Mayor declared said Ordinance No. 551 ,Chapter 1 duly passed and adopted 2,S an ordinance of the City Blair , Nebraska. ~--1 , of APPROVAL Whereupon the Mayor approved said Ordinance No. 551 Chapter 1 ,of the Municipal Code of the City of Blair Nebraska, by subscribing his name thereto, and the Clerk attested said signature of the Mayor by subscribing his name thereto and affixing thereon the seal of the City of Blair Nebraska. , , The àbove proceedings of the Mayor of this oi ty with reference t'.J the had on the 21st day of August and Council ordinance aforesaid, were ,19 39. 'DHDTT"."'T"U 1--'1 ORDINANCE RECORD 11 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. -""-' ,- -.. '--- --'-' .----. FOR. HO ...,'^ CU" "TG. CC.. ORC, HEB. AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA 1 (SS. WASHINGTON COUNTY. j I, JOHN A. RHOADES , of lawful age, being first duly sworn on oath, say that I am the owner and publisher of The Enterprise , a printing and publishing com- pany in the Oi ty of Blair , in said county and state; that the foregoing Chapter 1 ,included in Ordinance No. 551 ,of the City of Blair , Washington County, Nebraska, was by ~ The Enterprise , printed and published in pamphlet form in said City of Blair, in pursuance of the statutes of the State of Nebraska and the ordi- nances of said C1 ty of Blair , Nebraska, in such cases made and provided, and by order and under authority of the Mayor and Counoil of Blair Washington County, Nebraska, as shown by the following reso- lution passed by its said Mayor and èouno11 August 211. , 19 39 : "BE IT RESOLVED BY THE MAYOR OF THE CITY OF BLAIR AND COUNCIL , NEBRASKA: 1. That the Ci ty Clerk be and he is hereby instructed to cause Ordinance No. 551 ,a General Revision Ordinance which em- braces all ordinances of said city of a general and permanent nature divided into 26 Chapters with the several sections there- under, to be published in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Federal Securities Building, Lincoln, Nebraska. ----_---_--n____--- -- , .--- ..__._---/L~~---___'_--nn- '- ~~xiUXriXld:~ P. C. SORENSEN, Mayor. Attest: ~~~~-("ÙYiC~, (SEAL) Introduced by OoUhé11man John E. Hansen; Adopted August 2~ , 1939. Approved August 24 . 1939.": I ~ -~ '-' ORDINANCE RECORD Comp!led by George R. Mann, Lawyer, Lincoln, Nebraska. PORM NO. <2HA OU", PRTG. CO.. ORO. NEB. CERTIFICATE OF PASSAGE cITY OF BLAIR 1 I SS. ---I STATE OF NEBRASKA COUNTY OF WASHINGTON I, HENRY CHRISTENSEN C1ty Clerk of the 01ty of Blair Washington County, Nebraska, hereby certify that the annexed ordinance, purporting to be Chapter 1 of the Municipal Code of this 01ty -and embraced in Ordinance No. 551 of said city , a General Revision Ordinance which includes all the ordinances of this oity , of a general and permanent nature arranged in Chapters and Sections, was passed as . such by the Mayor and Council , of the City of BId r Washington County, Nebraska, pursuant to the rules and regulations prescribed by general law and by said Mayor and Council fop the passage of ordinances, and was duly approved by the Mayor of said 01ty said passage and approval having been made on the 21st day of August , 1939, with respect to said Chapter aforesaid which as' a part of Ordinance No. 551 has been published in pamphlet form by authority of the Mayor and Oòunall of said city and has been distributed by said city under direction (jf its duly constituted authorities pursuant to resolution of the Mayor and Oouna11 thereof. IN WITNESS WHEREOF, I have hereunto affixed my hand and seal Î ORDINANCE RECORD 13 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ........-........-... . FOBM NO '240' QUO, FBTO, CO.. ORD NEB .... - ORDINANCE No. 551 , CHAPTER 2 Introduction of Ordinance No. 551 Municipal Code of the City of , Chapter 2 Blair , of the Nebraska. And the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 551 , , of the Munic ipal Code .of the 01 ty of , Nebraska. This ordinance was introduced by Holstein, and is in words and figures as I I Chapter 2 Blair Councilman Dawey fOllows, to-wit: CHAPTER 2 AUTOMOBILES, MOTOR VEHICLES, TRAFFIC REGULATIONS PUBLIC CARS An ordinanoe regulating the use of the streets, alleys and high- ways Of the City of Blair, Washington County, Nebraska, by vehicles and pedestrians; providing fOr the repeal of prior ordinances in conflict; prescribing the time when this ordi- nance shall be in full force and take effect; and providing penalties for the viólation of the several sections thereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: ARTIOLE t. TRAFFIO REGULATIONS (a) Derini tion of Terms 39-1132, C. s. SuPp., 1937. Section 1. TERJIAS, DEFINED.- For the purpose of this article, the following definitions shall prevail: (A) The term IIvehhle" as used in this article shall be deemed to include carts, drays, omnibuses, carriages, wagons, automobiles, stages, cabs, bicycles, motorcycles, steam or gasoline tractors, or other conveyances for persons or property, drawn, driven, or propelled upon the streets, alleys Or public places of the City of Blair. (8) The term IJdriver1t as used in this article shall mean the rider of driver of a horse, the rider of a bicycle, the rider of a motorcycle and the operator of any vehicle. (0) The term "street intersection" as used in this article, shill mean that space occupied by two streets at the point where they oross each other; or the area embraced wi thin the prolongation of the lateral curb lines or, it' none, then the lateral boundary. lines of two Or more highways which join one another at an angle, whether or not .one such high- way crosses the other. (D) The term" alley entrance" as ueed in this article shall mean the extension of the alley from the lot line to the street curb line. (E) The term II street" shall apply to that part of any public highway designed for traffic and shall include streets, avenuasand alleys. (F) The term "ourb" shall apply to the boundaries of a street, as defined above. (G) The term "pedestrianll shall mean any person aföot. (H) The term "horse" shall apply to any draft animal or beast of burden. (I) The te1"m "(,.1~r",n ah..ll mo..n .¡.", ,...~A" '~~A A_...~ _.." -..-1.. LI! ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ----.... FO_~M NO. ,24-" QUIZ ~RT... CO" _':"0: NEO. railroad company shall cross said street to include that part of the street within twentY-five feet of the outside of said traok. (M) The term "watchman" shall mean any person stationed upon a railway crossing for the purpose of directing traffic for vehicles ever said oro ssing, whether employed by this oi ty as a police officer or by the railroad company as a crossing watchman. (N) The term IIright-of-way" shall mean the privilege of the immediate use of the street. (0) The term "person" shall mean every natural person, firmî co-partnership, association or corporation. (p) '1'he term "sidewalk II or IIsideWalk space", as used in this article shall mean that portion of a street between the curb lines and the ad- Jacent property lines. (Q) The term "private driveway", as used in this artiole, shall mean every road or driveway not open to the use of the public for purposes of vehioulfir travel. (R) The term "orosswalk, II as used in this article, shall mean that portion of a roadway ordinarily included within the prolongation or connection of curb and property lines at intersections, or any portion of a street clearly indicated for pedestrian crossing by lines, gutter bridges or markings on the surface. (S) The term" authorized emergency vehiole", as used in this article, Shall mean ambulance. ambulance vehicles, and vehicles of the fire department and of the police department of this city. (T) The term "official traf- fic signs I. , as used in this article, shall mean all signs, markings and devices, other than signals, not inconsistent with this article, placed or erected by authority of the mayor and council, Or other PU.bliO body haVi,ng. Juriadioti.on for th.e pur~ose of,gu.iding, di- recting warning or regulating traffic. (U) The term "police officerL or "traffio officeI'", as used in this article, shall mean every officer of the police department of this city, or any officer authorized to direct or regulate traffic or make arrests for the violation of traffic regulatiens. (V) The term "arterial street", as used in this article. shall mean: (1) The 'route of Federal High- way 30 through said city from the east corporate limits and along Washington Street west to Third Street and thence south along Third Street to the south corporate limits, including all of Wash- ington Street and Third Street included in said route; (2) the route of Federal Highway 73 through said city from the south oar- porate limits and alöng Eighth Street north to Washington Street, thenoè wast along Washington Street, thence north along Third Street and to the north corporate limits, and including all of Eighth,' Washingt".on a,.nd Third Streets included ih a,aid rou.te;and (3) any other street 01' streets designated as such by ordinance duly adopted by the mayor and couneil.. (W) The term "motor vehicle" means every velûcle herein defined which is self-pro- pelled. (X) The term "motorcycle" means every vehicle designed to trav,¡Ü on not more thanthreé wheels in conta.ot with the ground except àny such vehicle as may be included within the term as herein defined. (y) The terms "owner II , "business district" or "residence district" defined in Section 39-1132, C. S. Supp., 1937 shall be adopted for the purpose of construing this article, un- less the context otherwise requires. ' (Z) The term "automatic traffic signals",. as used in this article, shall mean any device. electrically or mechanically controlled, by which traffic is alter- nately directed to stop and proceed. (AI) The terms "oil tankeI'" or IIgasoline transpor1;", shall be construed synonymously and shall mean anyone vehicle or combination of vehicles, as defined in 8Action hh-¡j(1!::1 ('! a CI.m" ,"'.... - . .. - ~--1 ORDINANCE RECORD J.5 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. "---- . .---...--...-.... ". . ....- .m........ ...... ................ ..... .... ..-..... ...... manner directed in this article, are ~ereby~uthorlzed, empower- ed, and ordered to exercise all powers and duties with relation to the management of street traffic and to direct, con~rol, stop, rest riot, and regulate, and when necessary, temporarily divert or exolude,in the interest of public safety,. health and convenience, the movement of pedestrian, animal and vehicular traffic of every kind, in streets, parks, and on bridges in this city: Provided, that the driver of any vehicle shall stop upon signal from any police officer of said city. Sec. 3. DESTRUCTION OF TRAFFIC VIOLATION SUMMONS.- It shall be unlawful for any p~rson to tear up or destroy any parking tag placed upon any vehicle by any police officer of this city, or to disregard the summons contained on such tag and fail to appear in court as directed by such tag. Sec. 4. ~rRAFFIC OFFICERS.- The council or the chief of police may at any time detail officers at street intersections to be known as traffic officers. All traffic officers shall be vest- ed with authority to regulate and control traffic at the inter- section to which they are detailed. It shall be their duty to direct the movement of traffic at such intersections, in such manner as will facilitate traffic, prevent congestion and accident . It shall be unlawful for any person to violate any order or signal of any suCh traffic officer, notwithstanding any stop signs or other devices which may have been placed at any such intersection. Sec. 5. REFUSAL TO OBEY PÒLICE OFFICER.- It shall be unlawful for any person to refuse or fail to,comply with any lawful order, signal, or direction of a police officer. Sec. 6. RAILROAD CROSSING WATCHMEN, DUTIES, VIOLATING SIGNAL OR ORDER OF, PENALTY.- Each watchman stationed at a railway cross- ing within the city limits of the City of Blair shall be vested wi h authority to regulate and control traffic of vehicles at said railway crossing where he is so stationed. It shall be his duty to direct the movement of traffic at such railway crossing in such manner as will facilitate the movement of traffic, prevent oon- gestion and accidents, and to stop all movement of vehicles at: said railway crossing when any engine, car or conveyance of the railway company approaches sald railway crossing upon said tracks, by holding a stop signali~ his hand extended straight out from his shoulder while facing said street. It shall be unlawful for any person to violate any order or signal of any watchman; and any person so violating shall be punished in the same manner as in this article provided. . 39-1161, C. s. SuPP., 1937. Sec. 7. GARAGE KEEPER; REPORT DAMAGED VEHICLES.- The person in charge of any garage or repair shop in this city to which is brought any vehicle which shows evidence of having been struck by a bullet, or having been recently i~volved in an accident, shall report to the police department of this city, as soon as such vehicle is received, giving the engine number, manufaQturer' s serial number, registration plata number, and the name and ad- dress of the owner Or operator of such vAh1nlA. IJ ORDIN AN CE; RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. -,-~~,=====, .-.,,'=.=.........--,-- .... -,,'..--. . ",o.,;:'!,,"..~.N,O: 101 QU~Z PRTG,.C~';'è~D" NEB, 39-1166. o. s. Supp., 1937. Sec. 9. TRUCK ROUTES.- The council may, by resolution, designate certain stì'eets in the city ,that trucks shall travel upon and it shall be unlawful for persons operating such trucks to travel on other streets than those designated by such resolu- tion for trucks, unless to pick up or deliver goods, wares, or merchandise, and in that event the operator of such truck shall return to such truck' routes as soon as possible in traveling through Or about the city. The council shall cause notices to be posted or shall erect signs indicating the streets so designed as truck routes. Seo.10. EMERGENæ[ REGULATIONS.- The chief of police is hereby empowered to make and enforce temporary regulations to cover em~rgencies. (c) Authorized Emergency Vehicles Sec. ll. OFFICIAL EMERGENCY VEHICLES; EXEMPT.- The provisions of this article regulating the movement: parking, and standing of vehicles shall not aPply to authorized emergency vehicles, as defined in this article, while the driver of such vehicle is operating the same in an emergency in the necessary performance of public duties. This exemption shall not, however, protect the driver of any such vehicle from the consequences of a reckless disregard for the safety of,others. 39-1149, 39-1150, C. s. SuPP., 1937. Sec. 12. SAME; RIGHT-OF-WAY FOR.- Upon the approach of any authorized emergency vehicle, every vehicle within one'block of the route of such emergency vehicle, shall immediately stop, except at the time they are on or crossing an intersecting street, in which event~ such vehicle shall run olear 'of the street inter- section and then stop. Every vehicle along the route of such emergency vehicle shall immediately move to a position as near the right hand curb as possible and remain therein until such authorized emergency vehicle or vehicles have passed: Provided, said vehicles are operated on official business and the drivers thereof sound audible signal by bell, siren or exhaust whistle. -'--'l , ' Seo.13. GOVERNMENT VEHIOLES.- The provisions of this article shall apply to the driver of any vehicle owned by the United States in the service of the Uni tad States Government, State of Nebraska, County of Washington, City of Blair, or School District of the City of Blair. It shall be unlawful for any of said drivers to violate any of the provisions of this article, except as otherwise permitted herein. (d) Operation 39-1101, 39-1106, C. S. Supp., 1937. Sec. 14. WHO MAY DRIVE.- No person under sixteen years of age, or any person while under the influence of alcoholic liquor 01" of' ..nv fI"""" an."'l'A,,~..,,, - ..."...."'~ O.~¡.,~~,~ .._~- __Or -..\-..,.- -"----'" ORDINANCE RECORD 17 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. - -- ---- -- - --- person shall imlllediately stopauch vehicle at the scene of such accident, shall also give his name, address and registration number of his vehicle, shall exhibit his operator' s license to the person struck or to the driver or occupants of the vehicle collid- ed With, shall render to any person injured in such accident rea- sonable assistance and shall in any accident resulting 1n injury or death to a person or property damage to an apparent extent of Fifty Dollars ($50.00) or more, within twenty-four hours, make report of such aàèident to the chief of pölice of ' the City of Blai r. 39-1133, c. S. SuPP., 1937. Sec. 16. FRONT SEAT OCCUPANCY, OVERCROWDING; ANTI-EMBRACING BY THE OPERATOR.- Front seat occupancy of any automobile while the sàme 1s lnthe process of being started or in motion within the corporate limits of this city shall be limited to one driver and in addition not more than two persons Over the age of twelve years. It shall be unlawful for any person to operate a motor vehicle upon any street of this city when such person has in his or her lap or in his or her embrace, another person, package or other incumbrance which prevents the free and unhampered operation of such vehicle. 39-1173, c. S. Supp., 1937. Sec. 17. MUFFLER, CUT-OUT, PROHIBITED.~ Every motor vehicle operated within this city, shall be provided with a muffler in good working order and in constant operation to prevent excessive or unusual noise. It shall be unlawful to use a IImuffler cut- out" On any motor vehicle upon any street: Provided, the pra- vi sions of thi ssection shall not apply to authorized emergency vehicles. Seo.lg. UNNECESSARY NOISE.- No person shall make or cause to be made any unnecessary noise with any signal device, or to use the same except as a road signal. Sec. 19. SMOKE, GAS, ODOR, ESCAPE OF, UNLAWFUL.- No person shall operate upon any street or alley or highway, any motor ve- hicle in such manner as to permit to escape therefrom any un- necessary smoke, gas, steam or offensive odor, or in such manner as to discharge any embers, oils or residue from the fuel used in the operation thereof. Proof of the escape fram such motor ve- hicle of any steam, smoke, gas or offensive odors shall be prima facie evidence that the same is unnecessary. 60-301, 60-401, C. S. BuPP., 1937. Sec. 20. REGISTRATION; OPERA'rORI'S LICENSE.- No person shall operate any motor vehicle upon any street or public highway with- out having flrst registered the same or without first having obtained a motor vehicle operator's license as provided by the laws of the State of Nebraska, and such vehicle shall have the registration number plates and operator's license furnished by the state or county, displayed upon said vehicle in the manner and place provided fo!' bv thAl AWtI 1'>1' 1:h.. q,1:",1:", ,,1" U~'h_- ~1.- To. IS ORDINANC'E RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ---,,-- -m_. m....."w_,---,.."",.".. . -..... "'. --, ,_.====-~~~_~~"!Ol QUO< ."TO. co.. O,"°: ~,:.. 39-1171, 39-1172, C. s. SuPP., 1937. Sec. 22. VIEWfO REAR, MIRRORS; WINDSHIELD AND GLASS; POSTERS, ON; OLEANING EQUIPMENT.- No person shall drive on a street any motor vehicle unless said vehicle is so constructed or loaded as to prevent the driver tram obtaining a view of the street to the rear by looking backward from the dri veri s posi tion, unless such vehicle 1s equipped with a mirror so located as to reflect to the driver a view of the street-for a dists.noe of at least two hundred feet to the rear of such vehicle. It shall be unlawful for any person to drive upon a street, any vehicle with a sign, poster or other non-transparent material upon the f~nt windshield, side wings or side or rear windows of such motor vehicle other than a certificate or other paper required to be so displaye4 bylaw. Every windshield on a motor vehicle shall be equj,.pped with a de- vice for cleaning rain, snow or other moisture from the windshield, which device shall be so constructed as to be controlled or oper- ated by the driver of the vehicle. ,-I , i 39-1133, c. S.Supp., 1937. Sec. 23. NO RIDING ON OUTSIDE OF VEHIOLE8.- No person shall permit any person to ri4e on the running board, 400d, top or fenders of any motor vehicle, nor shall any person ride on the running board, hood, tOp or fenders Of a.ny motor vehiole. (e) Lights, Brakes, Signals ¡ 39-1121. 39-1122, 39-1169 39-1170, 39-1174, '39~1l,lO5. o. s. SupP., 1937. Sec. 24. LIGHTS, BRAKES DIMMERS; OLEARANOE LIGHTS; HORN.- Every motor vehicle, while in use on the streets. alleys, or pub- 11c highways of the city, shall be equipped with efficient brakes adequate to control the movement of and to stop and tq hold such vehicle, including two separate means of applying the brakes, and shall be further equipped w~th a good and sufficient horn in good working order or other efficient signal devices and shall have , from one-half hour after sunset until one-half hour before sunri se, two or more whitish lights on the front thereof, one on each side, which lights and all other lighting devices, including tail light, used on such vehicle, shall be in compliance with the laws of the State of Nebraska. No person shall operate any motor or other vehicle which is equipped with an electric light or lights that give off light which confuses travelers or pedestrians on streets or crosswalks within .the corporate limits of the City of Blair. Every motor vehicle having a width of eighty inches or more shall disp;Lay clearance lights as required by the .law:s 0 f the State of Nebraska. All vehicle brakes shall be maintained in good working order: Provided, motorcycles need be equipped with o~ly ~ne brake. All horns on motor vehicles shall beoapable of emitting sound audible under normal conditions from a distance of not less than two hundred feet: Provided, no vehicle except as herein pro- vided, shall be equipped with nor shall any person use upon a vehicle any siren. exhaust, compression or spark plúg whistle or use a horn otherwise than as a reasonable warning; nor shall any person use any horn or warning device upon a vehicle to mAk~ -"I ORDINANCE RECORD 19 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ... '-e'..m. ..... not more than two head lamps plainly visible from the front and with a lamp on the rear exhibiting a red light visible under normal atmospheric oondi tions from a i.distanc:.efot1 at least five hundred (500) feet to the rear thereof: Provided, said lamPs shall comply with the requirements and limitations of the statutes of the State of Nebraska. No person shall ride a bicycle upon said streets; alleys or highways during the night season of the day above described, unless said bicycle shall be equipped with one head lamp plainly visible from the front and one red Or rear tail lamp visible, under condi$ions aforesaid, from à distance of at least one hundred (100) feet to the rear thereof. (f) Parking Sec. 26. PARKING AREAS, DESIGNATED, RESOLUTION, BY.- The council may, by resolution, set aside any street, alley or public way, or portion thereof, wherein no vehicle shall be parked, and may also, by resolution, set aside any street, alley or public way, or portion thereof for the parking of any particular kind Or class of vehicle, and when the parking of vehicles ,in any street, alley or public way or portion thereof, has been pro- hibited by resolution, no vehicle prohibited from parking thereon shall stand or be parkedadjaoent to the curb of said street, aIle or public way, or portion thereof, longer than a period of time necessary to load and unload freight Or passengers. Seo.27. PARKING, TIME LIMIT.- The council may, by resolution, entirely prohibit or fix a time limit for the parking and stopPing of vehicles in any street" st]:teets or district designated in such resolution and tMe Parking or stopping of any vehicle in any such street, streets or district for a period of time longer than fixed in such resolution shall constitute a violation of this article. 39-1155, c. S. SuPPo, 1937. See. 28. SAME, MANNER OF, ON CERTAIN DESIGNATED STREETS AND ON FEDERAL HIGHWAYS; OBSTRUOTING PRIVATE DRIVEWAYS OR FIRE STATION ENTRANCES, PROHIBITED.- No person shall park any vehicle or ap- proach the curb with a vehicle except when headed in the direction of the traffic. On Washington Street from the west line of Sixth Street to the east line of Fourth Street all vehicles shall be parked not more than one tier deep at an angle of about forty-five degrees; on Walker Avenue between the north line of Linooln Street and the south line of Front Street, on Fifth Street from the north line of Lincoln Street to the south line of Front Street and on Lincoln Street from the west line of Walker Avenue to the east line of Fifth Street, all vehicles shall be parked not more than one tier deep at an angle of about sixty-two degrees; and on Walker Avenue from the north line of Lincoln areet to the south line of Front Street, all vehicles shall be parked in the center of said Walker Avenue not more than one tier at an angle of about forty- five degrees headed always in .the direction of the traffic from whence said vehicle came. On Federal Highway 3° no vehicle shall be parked or left standing so that any part of said vehicle shall project into the center twenty-eight feet of the t raveled portion of sai'd highway from the east corporate 11mi ts to the intersection of Eighth Street and Washington Street with Federal Highway 73. On Federal Highway 73 no vehicle shall be parked or left standina 20 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ..- -... ._-".UM". ,. . .. ."..m.. ..,....-...,..... .u~. FORM NO. 0°' OU." PRT., co.. 2~.D~~'B; resolution designate any other street or portion thereof where vehicles shall be parked parallel with and adjacent to the curb so as to have both right wheels within six inches of the curb or where vehicles shall be parked at an angle of about forty-five degrees; and all vehicles when parked at said angle on any such street or portion thereof shall be parkèd with the right front wheel of such vehicle at the curb. Where stalls are designated eithðr on the curb or pavement vehicles shall be parked within such stalls. On all other streets excepted as set forth or hereafter provided for by resolution as authorized above, ve- hicles when parked shall stand parallel with and adjacent to the curb in such manner as to have both right wheels within twelve inches of the curb and so as to leave at least four feet between the vehicle so parked and any 0ther parked vehicle. No person shall park a vehicle so as to obstruct a private driveway 'or drive for any period of time. No person shall park a vehicle or permit it to stand within fifteen feet in either direction from the entrance to any fire station. I ." Seo.29. PARKING, ALLEYS, IN.- No vehicle shall be parked in any alley, except for the purpose of loading or unloading, and then only shall such vehicle be parked during thetlme necessary to load or unload, which shall not exceed the maximum limit of one-half hour: Provided, however, that this section shall not apply to merchants' delivery t rucks, parked in alleys immediately at the rear of their respective places of business if said trucks shall be parked so as not to obstruct the Passing of moving oars therein. Every vehicle while loading or unloading in any alley shall be parked in such a manner as will cause the least obstruc- tion possible to traffic in such alley. Sec. 30. TRUCK PARKING, BUSINESS bISTRICT, RESIDENCE DISTRICT, MOTOR CONTRACT OR COMMON CARRIERS, NO NIGHT PARKING IN RESIDENCE DISTRICT; OIL TANKERS, GASOLINE TRANSPORTS, TANK TRUCKS, PARKING PROHIBITIONS AND LIMITATIONS.- It shall be unlawful for the operator of any truck, truck-tractor or semi-trailer of an over- all length of twenty feet, including load, to stop or park such vehicle on any street wi thin the business distri at wi thin the limits of the following street: On that portion of Washington Street from the east line of Fifth Street to the west line of Walker Avenue whether or not such street is marked for angle or parallel parking. Such vehicles may stop, stand or park in said streets for such time as is necessary, in no case longer than one- half hour, expeditiously to load or unload their contents in alleys! where such stopping is possible: Provided, it shall be lawful, for such vehicle to stop or park elsewhere on highways in said business district if' stopping for loading or unloading in alleys i s impossible, only after the operator of the designatep. vehicle shall have obtained written permit from the ahlef of police so to do. It shall also be unlawful for the operator of any such truck, truck-tractor or semi-trailer regardless of the length of the same, to park such vehicle with the end-gate of same down and extending beyond the body of such vêhiole; nor shall suoh vehicle stop, stand Or park within a street intersection, on a crosswalk, in front of a private driveway or ona sidewalk. The mayor and council may provide truck parking lots adjoining or ad- jaoent to the business district; and when such t ruck parking lots AT'A An TI'I'V"o,r1ñ"d 0\+ ...h~" 'h~ +\.,~ A....... ~þ ...---,- ._--_..~--- ~- --'I I ORDINANCE RECORD '11 "'-'. Compiled by George R. Mann, Lawyer. Lincoln, Nebraska. limits of any street or alley of said city except to load or un- load its cargo in a safe and expeditious manner: Provided, drivers of said oil tankers, gasoline transports or tank trucks may stop or park said vehicles one time while enroute through said city on arterial streets or highways therein, subject to the parking rules herein ordained, for a period of time of not more than thirty minutes for rest and meals; and provided further, in case of breakdown or stalling on account. of exhaus- tion of its motor fuel on any of said streets, the stopping of the disabled vehicle for the reasonable time necessary to remove the same to the next point where repairs can be made or to meet the emergency shall not be oonsi.dered a violation of this sec- tion. No oil tanker, gasoline transport or tank truck, whether containing any inflammable materials or not, shall park or stop for any period of time on any private premises wi thin the oor- porate limits of said city, save and except for the pu~ose of loading or unloading, or on account of breakdowns, unless said private premises be situated outside the Fire Limits and be used and employed exclusively for the conduct of the wholesale or re- tail petroleum business which has provided ample facilities for parking oil tankers, gasoline transports or tank trucks. Sec. 31. FREIGHT VEHICLES, BACK TO CURB, MAY.- Vehicles of an over-all length of less than twenty feet including load, while discharging freight may back to the curb and shalloooupy as little of the street as possible. If horse-drawn, ,the.horses shall be turned so as to stand Parallel with the curb and headed in the direction of the traffic. I ' Seo.32. MOTOR BUSES, STOPS FOR, DESIGNATED.- All motor buses shall stop at the curb for the purpose of reoei ving and discharging passengers, at such locations as the council shall, by approprlate'sign or standard, designate. 39-1155, C. s. Supp., 1937. Sec. 33. FIRE HYDRANTS, PARKING NEAR, HITCHING HORSES, NEAR; PROHIBITED.~ No vehicle shall be parked or left standing or any horse left hitched within fifteen feet in either direction of any fire hydrant for any period of time whatever and the curb space within such area of fifteen feet in either direction of such fire hydrant shall be painted red to indicate such prohibitions. Seo.34. PARKING, NEAR STREET INTERSECTION, PROHIBITED.- No vehicle shall be parked or left standing for any purpose whatever or for any period of time whatever within twenty-five feet from the intersection of curb lines or if none then within fifteen feet of the intersection of property lines at an intersection of highways; and said curb space on each side of such intersection shall be painted red for such d1.stance of twenty-fi va feet. to indicate such prohibition. Sec. 35. PAffiCING NEAR SCHOOLS, THEATRES, REGULATED.- The council may, by resolution, entirely prohibit the parking.and stopPing of vehicles at the curb on streets adjacent to school grounds or theatres on which are looated school buildings or theatres used for, school or theatre. purposes; and such curbs ad- .1acent to such school ¡zyuunñR OT' 1:hT'A",t:T'AA ø.h",ll "h", T'\oin+'",t'I "",11...... 22 ORDINANCE'RECORD -- Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. , FOOM NO. \0\ QUO> poro, 00.. OOD. NEO Seo.37. OBSTRUCTING TRAFFIC, PARKING. BY, NO.- No vehicle shall, except incase of accident or emergency stop wi thin any street intersection or alley entrance nor in such location as to obstruct any street Grossing, crosswalk or alley entrance, nor baokof other vehicles parked at the curb. Seo.3g. NO VEHIOLE PARKED WITH LEFT SIDE TO CURB.- No ve- hicle shall stop on any street with its left side at the curb. A vehicle must not be left at the curb in ~uch a position as to prevent another vehicle already parked at the curb from moving away. (g) Rules of Road 39-1193, 39-11,101, C. S. SuPP., 1937. Sec. 39. SPEED, GENERAL, PRIMA FACIE.- No person shall Operate. a motor vehicle on any street, alley or other place within the Oity of Blair at a rate of speed greater than is reasonable and proper, having regard for the traffic. and roadway and the condi- tion of the street or at such a speed as to endanger the life,' limb Or property of any person, and under no circumstances in . excess of twenty-five miles per hour on all streets ~th1n the corporate limits thereof. -', Seo.40. SAME, NEAR SCHOOLS.- It shall be unlawful for the driver of any vehicle, when passingpremlses on which school buildings are located and which are used for school purposes, during school recess or while children are going to or leaving school during the opening or closing hours to drive such vehicle at a rate of speed in excess of fifteen miles per hour past such premises, and such driver shall stop at all stop signs lo- cated at or near such. school premises. I I 39-11,100, O. S. SupP., 1937. Sec. 41. RECKLESS DRIVING.- No veh1cle shall be driven, used or operated or stopped in a manner as to indicate either a wil- ful or wanton disregard for the safety of persons or property, and every person so doing shall be deemed guilty of reckless driving. Sec. 42. STOP, BEFORE CROSSING SIDEWALK, EMERGING FROM GARAGE, ALLEY OR FILLING STATION.- All vehicles before cI'Qssing a sidewalk when emerglngfrom a garage, alley t filling station, or other place, wi thin the "business di strict I, shall come to a complete stop, and after giving sufficient warning, shall pro- oeedslowly and with extreme caution while.crossing suoh side- walk, or leaving such garage, alley, filling station or other place. The term "slowly" shall be construed to mean such rate of speed as is reasonable and proper under the circumstances and the condition of the street and the traffic thereon. Sec. 43. DRIVING ABREAST.- No two or more vehicles shall be driven abreast except when pa8~IDng. Sec. 44. BACKING VEHICLE.- The driver of Ii vehicle shall not back the same unless suoh mOVAmAnt: n~n h.. m"ñ.. 1 n "",.pob, --ì ORDINANCE RECORD ")3 c.. Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. of the roadway as nearly as possible.. The driver of a vehicle shall not drive to the Center line of a highway in overtaking and Passing another vehicle proceeding in the same direction un- less such left side is olear.ly visible and is free of oncoming traffic for. a sufficient distance ahead to permit such overtaking and passing to be made in safety. On a street divided longitud- inally by a parkway 1 viaduct, walk or sunken way, vehicles shall keep to the right of such division. 39-114$, 39-1149, C. S. Supp., 1937. Sec. 46. RIGHT-OF-WAY.- When two vehicles approach or enter an intersection at approximately. the same time, the driver of' the vehicle on the left shall y!eld the right-of-way to the ve- hiole on the right when the paths of such vehicles intersect and there is danger of a collision, unless otherwise directed by a traffic poliòe stationed at the intersection. The driver of a vehicle apProaching but not having entered an intersection shall yield the right-of-waY to a vehicle within such intersection or turning therein to the left across the line of travel of such first mentioned vehicle: Provided, the driver of the vehicle turning left has given a plainly visible signal of his intention to turn asrequlred elsewhere in thi s article. The driver of a vehicle on any street shall yield the right-of-way to a pedestrian crossing such street within any clearly marked crosswalk or at any regular pedestrian crossing at the end of a block, except where the movement of traffic is being regulated by traffic .officers or traffic direction devices. Every pedestris.n crossing a street at any point other than a pedestrian crossing, oross- walk or intersection shall yield the right-or-way to vehicles upon the street. The driver of a vehicle entering a street from a private road or drive shall yield the right-of-way to all ve- hioles approaching on such streets. The driver of a vehicle upon a street shall yield the right-of-way to authorized emergency vehicles when the latter are operated upon official business and the drivers thereof sound audible signal by bell, siren or exhaust whistle. 39-11,102, C. S. Supp., 1937~ Sec. 47- HINDERING VEHICLES FROM PASSING, PROHIBITED.- The driver of a vehicle about to be overtaken and passed by another vßhiole shall not increase the speed of hie vehicle until oom~ pletely passed by ,the overtaking vehicle. Sec. 48. OVERTAKING VEHICLES WITHIN STREET INTERSECTIONS.- The driver of a vehicle shall not overtake and pass. another vehicle proceeding in the same direotio.n, while traversing a street interseotionl if such passing requires such overtaking vehicle to drive to the left of the center of the street. Sec. 49. . OVERTAKEN VEHICLE YIELDS' RIGHT-OF'::WAY. TO OVERTAKING VEHICLE.- The driver of a vehicle about to be overtaken and passed by another vehicle approaching from the rear, shall give the right-of-way in favor of the overtaking vehicle on audible. signal being given by the driver of the overtaking vehicle. "l0_1 1lu:: ,., a 0.._- , "...... ¿l.l ORDINANCE RECORD . Com~ìle~ by George R. Mann, La""yer, Lincoln,'Nebraska. " FORM NO. '01 OUIZ PRTG. CO. ORO. H B. 39-1146, C. S. SuPp., 1937. Sec. 51. METHOD OF TURNING; RIGHT OR LEFT FROM TRAFFIO LANES.- Vehicles turning to the right into an intersecting street Shall approach such intersection in the lane for traffic nearest to the right hand side of the highway and must turn the corner as near the right hand curb as possible so as to keep between the curb to the right and the center of the intersection of the two streets. The driver ofa vehicle intending to turn to the left shall ap- proach such intersection in the lane of traffic to the left of and nearest to the canter line of the highway, and in turning shall pass as near as possible to the center of the intersection, pass- ing as closely as practicable to the right thereof before turning such vehicle to the left. For the purpose of this section, the center of the intersection shall mean the meeting point of the medlallines of the highways intersecting one another. I 39-11, lOS, C. S. Supp., 1937. Sec. 52; TURNING FROM DIREOT LINE OF TRAFFIC.- The operator of a vehicle shall, before stopping, turning, or changing the course of such vehicle, first see that there is sufficient space to make such movement in safety, and, if any pedestrian may be affected by such movement, shall give a clearly audible signal by sounding the horn, and whenever the operation of anyøther vehicle may be affeotedby such movement, shall give an unmistak- able visible signal to the crossing officer, or to the driver of the vehicle fOllowing, of his intention to make such movement. 39-11,109, 39-11,110, C. S. Supp., 1937. Seo. 53. SAME, HAND SIGNALS~ HOW GIVEN.- A signal of in- tention to turn right or left. shall be given continuously during not less than the last fifty feet traveled by the vehicle be- fore turning. The signals herein required shall be given either by means of the hand and arm or by a signal lamp or signal de- vice of a type approved by the Department of Roads & Irrigation. The hand and arm signals herein required shall be given from the left side of the vehicle in the following manner: STOP, or de- creased speed, hand and arm extended downward; LEFT TURN, hand and arm.extended horizontally; RIGHT TURN, hand and arm ex- tended upward. --ì Seo.54. TURN ONLY AT STREET INTERSEOTIONS.- No vehicle shall be tu~)ed so as to proceed in the opposite direction or cross from one side of the street to the other, except at a,street intersection. (h) Traffic Signs and Markers 39-11ð2, O..s. SupP." 1937. Seo.55. TRAFFIC SIGNS AND SIGNALS, PLACING OF.- The council may by resolution provide for the placing of stop signs or other signs, signals, standards Or other mechanical devices in any street, or alley, or portion of any street or alley, for the purpose of regulating or prohibiting traffic thereon. Such Y'¡;Hloln1:1",n an..l 1 ,:¡"..,"'~~ 'h~ ...'"'~ -~_... -- -.D ~'-. --..., ORDINANCE RECORD 25 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. Seo.56. COMPLETE STOP AT TRAFFIC STOP SIGNS.- Every person operating any motor vehicle, bicycle or other vehicle shall, upon approaching any stop sign erected in accordance with Sec- tion 55 hereof, Cause such motor vehicle or other vehicle to come to a complete stop with the front wheels of said vehicle parallel with said stop sign. Any person operating a motor ve- hicle shall, upon approaching any slow sign or other signal. standard or device containing directions for vehicular traffic erected in accordance with this article, immediately obey the command of such sign, signal, standard or other device. Sec. 57. MAY DESIGNATE CROSSWALKS.- The council may, by resolution, establish, designate and maintain or cause to be maintained, by appropriate devices, markers, or lines. upon the surface of the street, crosswalks at intersections 'where there is particular danger to pedestrians crossing the street and at such other places as it may ãeem necessary. Seo.5~. DEFACING OR INTERFERING WITH SIGNS PROHIBITED.- It shall be unlawful for any person wilfully to deface, injure, remove. obstruct. or interfere with any official traffic sign or signal. Sec. 59. DISPLAY OF UNAUTHORIZED SIGNS AND SIGNALS PROHIBITED. - It shall be unlawful for any person to place or maintain Or display upon or in view of any street, any unofficial sign, signal or device which purports to be or is an imitation of or resembles an officialtraffio sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of anyoffioial sign or signal. Every such prohibited sign, signal or device is hereby declared to be a public nuisance, and any police officer is hereby em- powered to remove the same, or cause it to be removed, without notice. Seo.60. TRAFFIC LANES, DESIGNATION.- The council may, by resolution, mark lanes for traffic on street pavements at such places as it may deem advisable not inconsistent with th~pro- visions of this article. ' . Sec. 61. ARTERIAL STREETS, DESIGNATED; STOP SIGNS AT ALL INTERSECTIONS; DRIVER TO STOP BEFOREENTERING.- The following streets within the corporate limits of this city are declared to be arterial streets: Federal Highways 3° and 73 as defined i'n Section lof this chapter. Said arterial highways, described above, or any other streets hereinafter designated as federal highways shall be marked at the corners of the intersections of said highways wit~ the streets crossing them by signs bearing the word "Stop'l. Unless otherwise directed by an automatic traffic signal, it shall be unlawful for the driver of any ve- hicle. before entering any intersection of an arterial street to fail to oome to a complete stop. Seo.62. CURBS PAINTED BY STREET COMMISSIONER.- It shall be the duty of the street commissioner to c,=,"use- the curb space to "'- --,-""_.> - 2 tj ORDINANCE RECORD Compile~ by George R. Mann, Lawyer, Lincoln, Nebraska. '\ . FOAM NO~ 1010">2 rATG, CO, OA. NEB , Sec. 63. flun TURNS, ARTERIAL HIGHWAYS, CERTAIN STREE'rS, ON, PROHIBITED.- No vehicle shall be turned so as to proceed in the opposite direction or make what is commonly called a none hundred eighty degreefl, nUn or Ilhorseshoefl turn at any street inter- section in any arterial highwa~ or at any street intersection hereinafter designated by the mayor and council. '-ì 39-1163, O. S. SuPPo, 1937. Sec. 64. AUTOMATIC LIGHTS AND SIGNALS.- No vehicle shall turn . ~ at any intersection where an ~tomatic signal system is in oper- ation except when such signal'\3ystem is displaying agree.l11~ght. No vehicle shall be turned so a$ to proceed in the opPOsite direction at any intersection wli~n an automatic signal system is in operation. ' Sec. 65. SAME" STREET INTERSE:CTIONS, AT; RED, YELLOW AND GREEN LIGHTS.- At such intersection where an automatic signal system is in operation, all vehiQ,!llar and pedestriantrat:f1c crossing suoh street intersection shall be governed by such auto~ matic signal system. The display of the red signalllght shall be a signal. for traffic to stop outsidSì.Of the street.in~ersection. The display of the yellow signallig~t shall announce that traffic be at attention for movement until the green light i~ displayed and the green signal light shall be a signal for traffic to promptly move forward. It shall be unlawful for any person to violate any such signal. (i) Miscellaneous Regulations Sec. 66. FUNERAL PROCESSIONS, DRIVING THROUGH, NO, E~CEP- TIONS.- No vehicle, except pollee vehicles, and fire department vehicles, when responding to emergency calls or orders in their several department s, ambulances responding to emergency oalls, including vehicles carrying United States mails shall be driven through a funeral proce~sion or cortege except with t4e permission of a police officer. ,-ì Sec. 67. VEHICLES FOR SALE, PARKING; STORING VEHICLES IN STREETS, PROHIBITED.- It shall be unlawful for any person to park upon any street, alley or public place within this ci,ty ,any Ve- hiole displayed fo,r sale or to use or employ any street, alley or public place in the residence district for storlngany vehicle for more than six consecutive hours or in the business district for storing any vehicle for more t~an twelve consecutive houra. Sec. 6$. MOTOR VEHICLES NOT REPAIRED IN STREETS.- No person shall adjust Or repair any automobile Or motorcycle or race the motor of same, while standing on the public streets or alleys of this city, excepting in CAse of breakdown or other emerge~cy requiring same, and no person or employee connected with a garage or repair shop shall ~se sidewalks, streets or alleys in the vicinity of suoh garage or shop for the purpose of working on or upon automobiles or motor driven vehicles of any desorip- tion. ~ , ORDINANCE RECORD 27 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. 1n the night time, and shall be attached in such manner .as to be clearly readable at a distance of one hundred feet and un- der no circumstances shall they be obstructed by any portion of the vehicle. Sec. 70. DRIVING OVER SIDEWALK SPACE.- The driver of any vehicle shall not drive within any sidewalk space, except at a permanent or temporary driveway. Sec. 71. PEDESTRIANS, JAYWALKING.- No pedestrian shall cross any street at a place other than a crosswalk, nor croSB any street intersection diagonally. Sec. 72. BICYCLE RIDERS, HOLDING TO MOVING VEHICLES; CARRY- ING PERSON ON HANDLE BARS.- No person riding a bicycle shall take hold of, or hold onto any vehicle while the same is in motion. No person operating a. motoroyole or bicycle shall Garry another person in front of the operator. 39-1165, C. S. SupP., 1937. Sec. 73. PROJECTING LOADS.- When any vehicle shall be loaded in suoh a manner that any portion of the load extends more than four feet beyond the rear of the bed or of the body of such ve- hiole, a red flag shall be carried by day and a red light after sunset, securely fastened in a conspieuous position at the ex- treme rear end of such load. r-i 39-1°32, 39-1033, 39-1034, o. S.Supp., 1937; Section I, Legis- lative Bill No. 350, Nebraska State Legislature) 1939. Sec. 74. VEHICLES, LIMITATIONS, WIDTH, HEIGHT, LENGTH.- No vehicle shall exceed a. total outside width,. including any load. thereon, of eight feet. No vehicle unladen or with load shall exoeed a height of twelve feet. . Vehicles, classif.ied as follows, shall not exceed in length extreme over-all dimensions inclusive of front and rear bumpers, including load: (a) Single vehicles, thirty-five feet. (b) Traotor and semi-trailer, combined, forty- two feet. (0) Combination of vehicles, including straight trucks and full trailers, forty-five feet. 39-1025, C. ß. N., 1929; 39-1173, C. s. SuPp., 1937. . Seo.75. THORNS, GLASS AND TACKS NOT CAST IN STREET.- No per- son shall throw, cast, lay or place upon any street within this city any thorns, nails, tacks, glass, bottles, window glass, or other articles made of, or containing glass, and in oase of an . accident causing the, breaking of any glass upon any such street, the' owner or person in charge of suçh glass, or the person re- sponsible for such breakage, shall at once remove or cause the same to be removed from the street. 39-1025, C. S. N., 1929; 39-1173, c. S. Supp., 1937. , ! Sec. 76. VEHTOLF.R. I1n1\1'J1H'.W1:\ (Hi'- :¡"PTT.T.T1(f(l - ^" ..~¡"4A'_~ ..~-'" ;¿u ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Linco~n, N:.braska. FC"M N 101 ur. '"TO. CC C" , Sec. 7$. SOUND APPARATUS, STREETS AND PUBLIC PLACES; AD- VERTISING ON VEHICLES.- No person shall operate, or permit to be operated any sound-producing or sound-amplifying apparatus ex- oept for amplifying the human voice wi thin the l1mi.ts of any street or public place, or in or upon any vehicle while stopped or parked therein. No, motor vehicle shall have any poster, sign, picture or advertising material on the windshield or glass of the side or rear window thereof; and no person shall, by himself or through his agent, place or post any poster, sign, picture or advertising mat.erial on the windshield o~ gla,ss of either his own motor vehicle or that of any other person. Sec. 79. HORSES UNATTENDED.- No person shall leave any horse, or team of horses, unattended, in any street pr alley wi thout securely fastening such horse or horses. ,i 39-1156, 39-1158, c. S. Supp.,1937. 8eo. go. VEHIOLES, UNATTENDED; S~1E, TRAVELING DOWN GRADE, NO COASTING WITH GEARS IN NEUTRAL.- j'J.o person having control or charge of a motor vehicle shall allow such vehicle to stand unattended without first effectively setting the brakes ,thereon and stopping the motor of said vehicle and when standing upon any grade without turning the front wheels of such vehicle to the curb or side of the street. The driver of a motor vehicle when traveling upon a down grade upon any street shall not coast with the gears of such vehicle in neutral. ARTICLE II,. PUBLIC CARS (a) Taxicabs I 75-201 to 75-2°3, c. S.N., 1929. Section 1. OWNER'S LICENSE.- It shall be unlawful for any person, firm, or corporation to hire out, or use for hire or cause to be used for hire, for conveying passengers in the City of Blair, Nebraska, upon the public str'eets or alleys of said city, any motor vehicle without a license first had and obtained for same. Seo. 2. APPLICATION; PERMIT AND OERTIFICATE OF NEBRASKA STATE RAILWAY COMMISSION; ISSUANCE; REVOCATION.- Appliòations for license shall be made by the owner on blank forms provided by the city clerk and shall be accompanied with such p emit, certificate and other documents from the Nebraska State Railway Commission as required by the constitution and general laws of this státe before the same shall receive any consideration from the mayer and council. Upon the written approval Of the city attorney to the effect that said application meets the terms and oondl tlons of this article endorsed thereon, the mayor and counoi shall approve said application and direct the city clerk to i sgue 11oense to said owner. Any 11oense so i,ssued may be re- voked for cause by the mayor and council upon reasonable notice and aftR~ hAo~in~- ,--¡ ORDINANCE RECORD ""9 '.,' Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ---------- -------- ARTICLE IV. CIVIL LIABILITY ----, Section 1. EFFECTJ CIVIL LIABILITY, ON.- Nothing in this chapter shall be construed or pleaded as justifying, absolving or rendering blameless, either direot1y or indireot1YJ any person or persons in ohargeof or owning any vehicle ~or any injury or damage to persona or property due to recklessness, incompetency, or negligence in the operation of said vehio1e. I ,-. i I ARTICLE V. REPEALS; WHEN OPERATIVE Section 1. REPEAL OF PRIOR ORDINANOES IN CONFLICT.- All ordinances and parts of ordinances passed and approved prior to the passage and approval of this ordinance and in conflict therewith are hereby repealed. Seo. 2. WHEN OPERATIVE.- Thls ordinance shall be in full force and take effect from and after its passage, approval and publication according to law. i Passed and approved August 21,1939. ¡í!¿CLrlAA/N~ - P. C. SORENSEN, Mayor. ATTEST: .~J RISTENSEN, oi ty Clerk. (SEAL) JU ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. 'ORM NO, 101 au,. PR'". CO.. ORD. NE. 1--' 'I -, ORDINANCE RECORD 31 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ----, -,------ FORM No ""SA QU<Z PRTO, CO.. ORO EO- - - n FIRST READING The Mayor then instructed the Clerk to read by title Ordinance No. 551 ,Chapter 2 ,of the Municipal Code of the 01 ty of Blair , Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 551 ,Chapter (I , by title upon its first reading. Whereupon Councilman John E~ Hansen moved that said Ordinance No. 551 , Chapter a ,be approved en its first reading and its title agreed to. Councilman Alfred Paulsen seconded this motion. Whereupon Councilman C. E. McComb called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HANSEN, PAULSEN, McCOMB, KUHR, HUNDAHL, CHRISTENSEN, HOLSTEIN, ROUNDS Nays: None. Motion: Carried. Whereupon the Ordinance No. 651 ,Chapter 2 and its title agreed to. Mayor declared said , approved on its first reading SUSPENSION OF RULES Whereupon it was moved byCounoilman Martin Kuhr and seconded byCounol1man K. P. Hundahl that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said ordinance might be introduced, read, approved and passed at the same meeting. Councilman O.M.Christensen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: KUHR, HUNDAHL, OHRISTENSEN, HOLSTEIN, ROUNDS"gANSEN, PAULSEN, MoCOMB Nays: None. Motion: Carried. Whereupon the Mayor declared the statutory rules in regard to the passage and approval of ordi- nances suspended so that Ordinance No. 551 , Chapter - a , might be read by title the first and second times, and at large the third time with the "Yeas" and "Nays" each time called and recorded, approved and passed at the same meeting. SECOND READING Ordinance No. 551 , Chapter a , now comes on for second reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter (I ,by title upon its second reading. The Clerk then read said Ordinance No. 551 ,Chapter (I, by title upon its second reading. Whereupon Councilman Dewey Holstein moved that said Ordinance No. 551 ,Chapter 2 ,be approved upon its second reading and its title agreed to. Councilman Emmett Rounds seconded this motion. '---'1 Whereupon Councilman John E. Hansen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the f'....ll^m~~~ ...~- ""-- ---~ 32 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FOR" NO 12HA QUIZ PRTG. CO.. ORO NEB - " THIRD READING Said Ordinance No. 551 Chapter 2 , now comes on for third reading. The Mayor instructed the Clerk to read said Ordinance No. 551 , Chapter 2 , at large upon its third reading. The Clerk read said Ordinance No. 551 , Chapter 2 , at large upon its 'third reading.. Whereupon Councilman Alfred Paulsen moved that said Ordinance No. 551 , Chapter 2 , be approved on its third reading a:nd its title agreed to. Oounci1man C. E. MoComb seconded this motion. . Whereupon Councilman Martin Kuhr called for the question. The Mayor put the question and instructed the Clerk to da!l the roll for~the vote thereon. The Clerk called the roll and the following was the vote en this motion: Yeas: PAULSEN, McCOMB, KUHR, HUNDAHL, CHRISTENSEN, HOLSTEIN, ROUNDS, HANSEN Nays: None. Motion: Carried. Whereupon the Ordinance No. 551 , Chapter 2 reading and its title agreed to. Mayor declared said , approved on its third FINAL PASSAGE The Mayor declared said Ordinance No. 551 , Chapter 2 of the Municipal Code of the City of Blair Nebraska, having been read by title the first and second times and at large the third time, the rules having been suspended and the "Yeas" and "Nays" having been called and recorded four times, and each time duly approved and its title agreed to, the question is "Shall said Ordinance No. 551, Chapter 2 , of the Municipal Code of the City of Blair, Nebraska, finally pass?" CouncilmanK.P. Hundahl called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HUNDAHL, OHRI STENSEN , HOLSTEIN, ROUNDS, HANSEN, PAULSEN, MoOOMB, KUHR Nays: None. . Motion: Carried. All members having voted on the aff~rmative for the final passage of said Ordinance No. 551 , Chapter a the Mayor dec lared said Ordinanc e No. 551 , Chapt er duly passed and adopted as an ordinance ef the Oity &lair , Nebraska. a , of APPROVAL Whereupon the Mayor approved said Ordinance No. 551 Chapter 2 , of the Municipal Code of the Oi ty of Blair Nebraska, by subscribing his name thereto, and the Clerk attested said signature of the Mayor by subscribing his name thereto and affixing thereon the seal of the City of Blair Nebraska. The above proceedings cf the Mayor of this 01 ty with reference t) the had en the 21st day of August' and Counoil ordinance aforesaid, were , 19 39. PTTt1T. T f'\A 'f'T nM ---î ORDINANCE RECORD 33 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FOR" NO '24-" QUIZ P"TO. CO., 0"0, NEB. AFFIDAVIT OF PUBLICATION ,- " ! STATE OF NEBRASKA 1 (SS. WASHINGTON COUNTY. J I, JOHN A. RHOADES , of lawful age, being first duly sworn on oath, say that I am the owner and publlsher of The Enterprise , a printing and publishing com- pany in the Cl ty of Blair , in said county and state; that the foregoing Chapter 2 , included in Ordinance No. 551 , of the Oi ty of Blair Washington County, Nebraska, was by ~ The Enterprise , printed and published in pamphlet form in said City of Blair, in pursuance of the statutes of the State of Nebraska and the ordi- nances of said City of Blair, Nebraska, in such cases made and provided, and by order and under authority of the Mayor and Counoi1 of Blair Wa¡¡l,1ington County, Nebraska, as shown by the following reso..,. lution passed by its said Mayor and Councl1 August 24- , 19;9: »BE IT RESOLVED BY THE MAYOR OF THE 01 TY OF, BLAIR AND COUNCIL , NEBRASKA: 1. That the City Clerk be and he i,s hereby instructed to cause Ordinance No. 551 , a General Revision_Ordinance which em- braces all ordinances of said city of a general and permanent nature divided into 2ð Chapters with the several sections there- under, to be published in book or pamphlet form under the direction of'George R. Mann, Lawyer, 514 Federal Securities Building, Lincoln, Nebraska. Attest: - H-¡¡1f-~~~~¡Cit-;)-i;i.~;k . (SEAL) ----_ooom"om,o-- 1l£~ -':~ A' 1~A'--::--o-----'--mo' --'----m------- CL"~~: ~-- -W'.¿;¿"""'..'-"..<.4LÆ¿¿--- ~x~]a!lXJl[~X~ P. C. 'SORENSEN, Mayor. Introduced by Councilman John E. Hanslm; Approved Augu at 24- August 24- , 1939. Adopted , 1939 - » . 34 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FaRM NO, aHA QUIZ PRTO. CO., ORO NEB. CERTIFICATE OF PASSAGE CITY OF BLAIR 1 ¡ SS. -ì I I I STATE OF NEBRASKA COUNTY OF WASHINGTON I, HENRY CHRISTENSEN , City Clerk of the City of Blai r Washington County, Nebraska, hereby certify that the annexed ordinance, purporting to be Chapter 2 of the Municipal Code of this city and embraced in Ordinance No. 551 of said city , a General Revision Ordinance which includes all the ordinances of this city , of a general and permanent nature arranged in Chapters and Sections, was passed as such by the Mayor and Counc1l , of the City ! 'of Blair , Washington County, Nebraska, pursuant to the rules and regulations prescribed by general law and by said Mayo r and Council for the passage of ordinances, and was duly approved by the Mayor of said city said.passage and approval having been made on the 21st day of August , 19 39, with respect to said Chapter aforesaid which as a part of Ordinanc.e No. 551 has been published in pamphlet form by authority of the Mayor and Council of said oi ty and has been distributed by said city under direction of its duly constituted authorities pursuant to resolution of the Mayor and Council thereof. IN WITNESS WHEREOF, I have hereunto affixed my hand and seal I ORDINANCE RECORD 35 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO 124-0A OU<2 PRTO, CO.. ORO. N'. ORDINANCE No. 551 , CHAPTER Introduction of Ordinance No. 551 Municipal Code of the 01ty of , Chapter Blair 3 3 , of the Nebraska. And the matter now coming before the Mayor and Couneil was the passage and approval of Ordinance No. 551 , , of the Municipal Code of the Cl ty of , Nebraska. This ordinance was introduced by Rounds, and is in words and figures as Chapter 3 Blal r ' Councilman Emmett follows, ,to-wit: CHAPTER 3 BILLIARD HALLS; POOL HALLS; BOWLING ALLEYS; SKATING RINKS An ordinance regulating the operation of bU,liard halls, pool halls) bowling alleys or skating rinks within the corporate limits of the City of Blair, Washington County, Nebraska; providing for the liaensing and taxing of the same; proh~bit- ing minors from loafing or playing within said hall~ or alleys; prescribing the hours of opening and closing of said halls, alleys or rinks; providing for the repeal of prior: o~dinances inconfliòt; prescribing the time when this ordinance shall' be in full force and take effect; and providing the penalty for the violation of the several sections of this ordinance. I~~' BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: ' 17-122, C. S. N., 1929. Section 1. LICENSE, REQUIRED.- It shall be unlawful for any person to maintain or operate any public pool hall, billiard hall, bowling alley or skating rink for hire, profit or gain with- out first having procured a license as hereinafter provided. Sec. 2. APPUCATION; INVESTIGATION; LICENSE YEAR; OCCUPATION TAX; ELIGIBILITY OF RETAIL LIQUOR LICENSEES; ~IMITATION ON . NUMBER.- Any person desiring to open, maintain or operate any public pool hall, billiard hall, bowling alley or skating rink for payor hire, shall makeapplioation in wrl ting to the ,mayor and council upon a form provided for that purpose by the city clerk. Said application shall particular~ describe the looa- tion of the proposed billiard hall, pool hall, bowling a~ley or skating rink, and shall set out the name Or names of the person or persons applying for said license. Applioant am II, 1~ license be granted, pay the occupation tax as provided in Chapter 19 of this code, whereupon said clerk shall issue applicant the license to operate his pool hall, billiard hall, bowling alley Or skating rink in':said oi ty at said looat1òn until May fi,rst succeeding the date of issue. All occupation taxes so paid shall be credited to the general fund. The council shall take action on said application at the next special or regular meeting, may refuse to issue any license hereunder or may revoke any license issued hereunder if said A.nDl:tn~nt: n'r 11 """ne":",,, ~~ +-\-.~ ~--- ---- 36 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FO"M MO. 12.... QUIZ ""TG. CO.. 0"0. NEB. of the applicant. Said chief of police shall make report there- of to the council at its next regular or special meeting, and, upon receiving such report said council shall determine whether or not a license should be granted to said applicant. The city clerk shall issue said license, when granted by the council, under the seal of sald city, upon the receipt of payment of occupation tax, as aforesaid, and said license shall authorize applicant to conduct a billiard hall, pool hall, bowling alley Or skating rink at the location described in application. The license year shall commence on May first and shall end on the thirtieth day of the succeedfng April. All pool halls, billiard halls, bowling alleys or skating rinks shall be located on the ground or street floor, shall be situated in a building so oon- structed that the entire contents thereof shall be easily discernible from the street, and shall be equipped with adequate toilet facilities which shäll be maintained in a sanitary oon- dition at all times. The number of licenses to operate any public pool hall, billiard hall, bowling alley or skating rink within the corporate limits.of said ci ~y shall at all times be ¡lmi ted with respect to number to not more than three such lieen ses. 1-1 Sec. 3. QPEHATION WITHOUT LIOENSE; PENALTY.- Any person ÌlÏâltìtàihifigJ or Opârâtìtìg a.fiY: pUel10 poOL hâ.ll, blll1a.ì'd:liall, liõViling álley on skliting rink fem ¡MY, without finst háV1hgj .. áppl1ed far. Ahd proåured said lidiÐ'ns6, ; sha.l1TbêdêêrîïedCgüllty of a misdemeanor, and, upon conviction thereof, shall be punished as hereinafter provided. Bee. 4.. TERMS DEF'INED.- The term pool hall Or billiard hall, as used in this article, shall be construed to mean any room or place in which any pool or billiard table shall be used or offered for hire, profit or gain. The term bowling alley, as used in thisartlole, shall be construed to mean any room or . place in which any game of nine-pins, ten-pins, box-ball or any 'similar game is conducted for profit or hire. The term skating rinf, as used in this article, shall be construed to mean any room or place where roller skating or ioe skating is offered for the amusement of the public for hire, profit or gain, whether or not said rink be of permanent Or portable character. I I Sec. . 5. MINORS.- It shall be unlawful for any person operat- ing any billiard hall, pool hall or bowling alley tp permit any minor under eighteen years of age to frequent, remain 'in or patronize such hall or alley. Sec. 6. SAME.- It shall 'be unlawful for any minor under eighteen years of age to frequent, remain in or patronize any billiard hall, pool hall or bowling alley. ~, Sec. 7. SAME, WRITTEN STAT~AENT OF AGE.- Any person main- taining or operating any pool hall,' billiard hall or bowling alley, may require any person suspected by him to be under eighteen years of age, before permitting such person to frequent and remain in or patronize sald hall or alley to sign a state- ment in w1111".1na- nT' ¡"~n h"'h ---- ---" _~h_'~" ,-¡ ORDINANCE RECORD 37 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. Sec. 9. SAME, NOTICES CONCERNING, POSTEp.- The owner or keeper of every billiard hall, pool hall or bowling alley, kept by virtue of this chapter, shall at ,all times keep pqste4 notices or signs stating that minors under the age of eighteen years are prohibited from entering ,and shall also keep at least three of such notices or signa posted in conspicuous places within said room, hall or alley. Bee. 10. OPENING AND CWSING, SUNDAYS, SECULAR DAYS. ;.;.; (a) It shall be unlawful for any licensee hereunder to maintain or operate his pool hall, billiard hall or bowling alley on the first day of the week commonly called Sunday before one o'clock in the afternoon and on Sundays and secular days of the week suoh licensee shall cloàe his place of business at 12:00 o'clock midnight every night and keep the Same closed until 7:00 o'clock A. M. on the succeeding ~ecular day. (b) It shall be unlawful for any licensee hereunder to operate his skating rink on Sun- days or secular days before one o'clock in the afternoon or after eleven o'clock P. M. Seo.ll. INSPECTIONS; PRACTICES PROHIBITED; OBSTRUCTIONS IN WINDOWS. - Every room or place kept by virtue of thi s chapter shall be subject to inspection by the ohief of police or any * time. All windows in every such ,room or place, facing on any street or alley, shall at all times be kept clean and free from any obstructions whatsoever in such manner as to allow an un- obstructed view of the entire interior of such room or place from the street or alley upon which such window opens; and the obstruction of any window in any such place or room, as herein prohibited, shall be sufficient CaUse for the revocation of any license issued under the provisions of this chapter. It shall be unlawful to permit in any said rink, hall or alley any loud or boisterous noise, disturbance of the peace, drunkenness, fighting, the presenoe or drinking of any alcoholic liquors ex- oept as permitted or allowed in Section 2 of this' chapter, any lewd or obscene pictures or practices, gambling or any kind or eharacter, or the use of any checks or chips, except in exchange for merchandise. No liòensee shall have within or connected with said billiard hall, pool hall, bowling alley Or skating rink any closed room or rooms other then those used for storage or toilet purposes only. Sec. 12. VIOLATION, PENALTY; LIOENSE REVOCATION; REFUSAL TO ISSUE FOR ENSUING YEAR, WHEN.- Any person violating or refusing to obey any of the provisions of this chapter, for which penalty is not provided, shall, on conviction thereof, be fined in any sum not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) for each offense; and the council may, at its option, revoke any license issued hereunder, whenever it shall appear to said council that the holder of said license is failing or neglecting to keep and operate a dèoent and orderly place, or whenever it shall apPear that the licensee is violating any Ordinance of the City of Blair in the conduct of his business: Provided, that no license shall be revoked unless ten dayS' notice shall have been ¡¡:tvAn to th.. nnlñ""... ",.p n^4A 14____- '--- ,.H} ORDINANCE RECORD Compiled by George R. Mano, Lawyer, Lincoln, Nebraska. --..- ------ FORM NO. 1°' QU.. PATO. Qo.. ONO. NE. Seo. 13. REPEAL OF PRIOR ORDINANOES IN CONFLIOT.- All ordi- nanoes and parts of. ordinances passed and approved prior to the passage and approval of this ordinance ánd in conflict therewith are hereby repealéd. '. . Sec. 14. WHEN OPERATIVE.- This Ordinance shall be in full force and take effect from and after its passage, approval and publication accOrding to law. Passed and approved August 21:, 1939.. ¡-l ()-//~4~ P. C. SORENSEN, Mayor. ATTEST: , ~ß-~J (SEAL) -1 I ORDINANCE RECORD 39 Compiled by George R.. Mann, Lawyer, Lincoln, Nebraska. I FORM NO '.'~',^ QU" PRTG, CQ.. ORa NE' FIRST READING í-~I The Mayor then instructed the Clerk to read by title Ordinance No. 551 ,Chapter 3 ,of the Municipal Code of the City of Blair , Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 551 , Chapter 3 , by title upon its first reading. Whereupon Councilman Emmett Rounds moved that' said Ordinance No.551 , Chapter:3 ' ,be approved on its first reading and its title agreed to. Councilman John E. Hansen seconded this motion. Whereupon Counoi1man Alfred Paulsen called for the question. The 'Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: ROUNDS, HANSEN, PAULSEN, McCO~œ, KUHR, HUNDAHL, CHRISTENSEN, HOLSTEIN Nays: None. Motion: Carried. Whereupon the Ordinance No. 551 , Chapter 3 and its title agreed to. Mayor declared said , approved on its first reading SUSPENSION OF RULES Whereupon it was moved by Councilman C. E. McComb and seconded by Councilman Martin Kuhr that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said ordinance might be introduoed, read, approved and passed at the same meeting. Councilman K. P. Hundahl called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: MoOOMB, KUHR, HUNDAHL, OHRISTENSEN, HOLSTEIN, ROUNDS, HANSEN, PAULSEN Nays: None. Motion: Carried. Whereupon the Mayor declared the statutory rules in regard to the passage and approval of ordi- nances suspended so that Ordinance No. 551 , Chapter 3 , might be read by title the first and second times, and at large the third time with the "Yeas" and "Nays" each time called and recorded, approved and passed at the same meeting. SECOND READING Ordinance No. 551 ,Chapter 3 , now comes on for I second reading. The Mayor i.nstructed th.e Clerk to read said Ordinance No. 551 , Chapter 3 , by t,itle upon its second reading. The Clerk then read said Ordinance'No.551 ,Chapter 3 by title upon its second reading. Whereupon Councilman O.M.Ohr1stensen moved that said Ordinance No. 551 ,Chapter 3 ,be approved upon its second reading and its title agreed to. Councilman Dewey Holstein seconded this motion. Whereupon Councilman Emmett Rounds called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the followinc "',,'" Tno ..~+~ -- ¿,-." IlU ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO ""'A au", PRTG. co., ORD NEB THIRD READING Said Ordinance No. 551 ,Chapter:3 , now comes on for third reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter:3 , at large upon its third reading. The Clerk read said Ordinance No. 561 ,Chapter 3 ,at large upon its third reading. Whereupon Councilman John E. Hansen ~oved that said Ordinance No. 551 ,Chapter:3 ,be approved on its third readIng and its title agreed to. Counci1man Alfred Paulsen seoended this motion. Whereupon Councilman O.E .McComb called for the questiòn. The Mayor put the question and instructed the Clerk to da1l the roll for the vote thereon. The Clerk called the roll and the following was the vote en this motion: Yeas: HANSEN, PAULSEN, McCOMB, KUHR,HUNDAHL, CHRISTENSEN, HOLSTEIN, ROUNDS Nays: None. Motion: Carried. Ordinance No. 551 reading and its title 'I I I Whereupon the Mayor declared said ,Chapter:3 , approved on its third agreed to. FINAL PASSAGE ~, The Mayor declared said Ordinance No. 551 of the Munioipal Code of the C1 ty of Blair Neb~aska, having been read by title the first and second times and at large the third time, the rules having been suspended and the "Yeas" and "Nays" having been called and recorded four times, and each time duly approved and its title agreed to, the question is "Shall said Ordinance No. 551 ,Chapter :3 ,of the Municipal Code of the City of Blair , Nebraska, finally pass?" Councilman Martin Kuhr called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: KUHR, HUNDAHL, CHRISTENSEN, HOLSTEIN, ROUNDS, HANSEN, PAULSEN, McCOMB Nays: None. Motion: Carried. All members having voted on the affirmative for the final passage of said Ordinance No. 551 ,Chapter 3 the Mayor declared said Ordinance No. 551 ,Chapter :3 duly passed and adopted as an ordinance of the City Blair , Nebraska. , Chapter :3 I , of APPROVAL Whereupon the Mayor app~cved said Ordinance No. 551 Chapter :3 , of the Munioipal Code of the Oi ty of Blair Nebraska, by subscribing his name thereto, and the Clerk attested said signature of the Mayor by,subsoribing his name thereto and affixing thereon the seal of the City of Blair Nebraska. The aboVe proceedings of the Mayor of this city with reference t:) the had on the 21st day of August . , and Cotmci1 ordinance aforesaid, were , 1!ß9 . "Dlt'DTT"""T"" I ORDINANCE RECORD 41 Compiled by George R. Mann. Lawyer, LIncoln. Nebraska. FORM NO 12.", OU", POT'. eo.. ORD, NEB, AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA 1 {SSe WASHINGTON COUNTY. J I, JOHN A. RHOADES , of lawful age, being first duly sworn on oath, say that I am the owner and publisher of The EpterDrlse , a printing and publishing com- pany ~n t?'J.e Ci ty of Blair , in said county and state; that the foregoing Chapter 3 , included in Ordinance No. 551 , of the City of Blair , Washington County, Nebraska, was by ~ The Enterp~ise , printed and published in pamphlet form in said City of Blair, in pursuance of the statutes of the State of Nebraska and the ordi- nances of said 01 ty of Blair , Nebraska, in such cases made and provided, and by order and under authority of the Mayor and Council of Blálr Wàsh1rigton County, Nebraska, as shown by the following reso- lution passed by its said Mayor and Council August 24- , 19 39 : 1-- "BE IT RESOLVED BY THE MAYOR OF THE CITY , OF BLAIR AND COUNCIL , NEBRASKA: 1. That the City Clerk be and he is hereby instructed to cause Ordinance No. 551 , a General Revision Ordinance which em- braces all ordinances of said village of a general and permanent nature divided into 2S Chapters with the several sections there- under, to be published in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Federal Securities Building, Lincoln, Nebraska. Attest: ÍI iI{¡~~~~"(CitYi-Cl~;k . (SEAL) -----______nm_____m__"tZ.L~--_- -- ~X:b]Ø%nJl~xh~ P. G. SORENSEN, Mayor. Introduced by Councilman John E. Hansen; 1-- Approved August 24- AugUst 24- , 1939. Adopted 19 39.": ð? ,":'-' ORDINANCE RECORD ComplIed by George R. Mann. Lawyer. Lincoln, Nebraska. FOR" NO. ,...5A OUIZ PRTG. CO.. ORD. NEO. CERTIFICATE OF PASSAGE STATE OF NEBRASKA CITY OF BLAIR I [ SSe I COUNTY OF WASHINGTON I. HENRY OHRISTENSEN City Clerk of the City of Blair Washington County, Nebraska, hereby certify that the annexed ordinance, purporting to be Chapter 3 of the Municipal Code of this city and embraced in Ordinance No. 551 of said city , a General Revision Ordinance which includes all the ordinances of this city , of a general and permanent nature arranged in Chapters and Sections, was passed as such by the Mayor and Council . of the City ~-1 of Blai r Washington County, Nebraska, pursuant to the rules and regulations prescribed by general law and by said Mayor and Council for the passage of ordinances. and was duly approved by the Mayor of said city said passage and approval having been made on the 21st day of August , 1939, with respect to said Chapter aforesaid which as a part of Ordinance No. 551 has been published in pamphlet form by authority of the Mayor and Counoi1 of said 01 ty and has been distributed by said city under direction of its duly constitut~d authorities pursuant to resolution of the Mayor and Council thereof. IN WITNESS WHEREOF, I have hereunto affixed my hand and seal --1 ORDINANCE RECORD 43 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska.' -- .... . ""_m__. FOAM NO "'" OU" PATO, 00.. OAO NEB ORDINANCE No. 551 CHAPTER 4 Introduction of Ordinance No. 551 Municipal Code of the City of , Chapter Blair 4 , of the Nebraska. And the Chapt er 4 Blair Councilman John follows, to-wit: matter now coming before the Mayor and Council' was the passage and approval of Ordinance No. 551 , , of the Munic ipal Code of the Ci ty of , Nebraska. This ordinance was introduced by E. Hansen, and is in words and figures as CHAPTER 4 01 TY HALL An ordinance providing rules and regulations governing andoon- trolling a communi ty hou se or auditorium in and for the Ci ty of Blair, Washington County, Nebraska; 'designating said audi torium as Blair I.;¡ i ty Hall; providing the amount of an- ..nual tax to be levied for its maintenanoe; providing for the uses and management of the first and seoond floors of the city hall building; establishing the City Hall Tund; providing for the vesting of donations to said fund; prescribing penalty for destroying or injuring city hall property; providing for the repeal of prior ordinances in conflict; and prescribing the time when this ordinance shall be in full force and take effect. BE IT ORDAINED BY THE MAYOR AND OOUNCIL OF THE CITY OF BLAIR, NEBRASKA: 17-167 to 17-170, C. s. SupP., 1937~ Section 1. AUDITORIUM ESTABLISHED; TEru~S DEFINED.- There 1s hereby continued in the City of Blair, Nebraska, an auditorium or community house for sooial and recreational purposes whiohshall be forever kept and maintained by said city and shall be known as the Blair City Hall. Whenever in this ordinance there shall be used the Words community hall or auditorium the same shall be held to include Blair City Hall. ' Sec. 2. TAX LEVIED FOR MAINTENANCE.- There shall be levied and appropriated annually for the SUpPort and maintenance of said auditorium a tax of not to'exoeed one mill upon the dollar of the aotllal valuation of all the real and personal property subject to taxation in the City of Blair, Nebraska; the same shall be levied, appropriated, collected and expended and known as the city hall fund. Seo.3. CITY HALL BUILDING; FIRST FLOOR, USE AND MANAGEMENT.- The committees of the oounoil on fire and improvement, under'the general direction of the mayor and council, Shall have general management and control of the first floor Or story of the Blair city hall building, except the Blair fire department meeting or assembly room on said first floor or story, which shall continue to be used for council chambers, fire apparatus room, offices for city officers. deDR.rtmAnt,::¡ Ant'! <10m.,.,'"""""", nn,q .,.~- ~..1..~~ -..-,-,--, ðl1 .'. ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FONM NO. "..., OUIZ "NTO, CO., 080, NEO, '" . " , . had with the said City of Blair. Nebraska, in reference thereto. the use and Occupancy, maqagement and control of the second story of said city hall building. together with the stairway. hall and entrance thereto 1s hereby considered to be continued as given and granted unto the Blair fire department. The said Blair fire department shall. through its proper officers and committees. manage and control the said second story, stairway, hall and en- trance thereto in a proper manner for the best interest of the said fire department, and the patrons of said hall; and they shall formulate and enforce such rules and regulations as shall be necessary to preserve order and decorum at any and all meetings held in said hall. The department meeting or assembly room on the first floor and the seoondstory of said city hall building shall be used and occupied by the said fire department, free of any charge or expenses whatsoever to said City of Blair, Nebraska. the City, however, reserving the right to heat and light the same in connection with the whole of said building without charge to the said fire department. Said fire department shall màinta1n and keep said second story. stairway. hall and entrance way clean and in good repair at their own expense without charge or cost to said City of Blair, Nebraska. Sec. 5. DESTRUCTION OF CITY HALL .PROPERTY; VIOLATION, PENALTY-- Any person who shall wilfully and maliciously write upon, injure, deface, tear or destroy any property or thing of value belonging to, located in or a part of said city hall building-shall be deemed guilty of a misdemeanor, and. upon oonviotion thereof. shall be fined in any Bum not exceeding One Hundred Dollars ($100.00) for each offense; and, in default of payment thereof, shall be adjudged to stand committed to the city ~ail until suoh fine and oosts be paid, secured or otherwise disòharged according, to law. l Sec. 6. FINANCES; DONATIONS, VESTING OF.- All taxe~ levied or collected and all funds donated or in any way acquired for the erection, maintenance or support of such community hall shall be kept for the use of said hall or auditorium separate and apart from the other funds of said city and shall be drawn upon and paid out by the city treasurer as other claims against the City of Blair. Nebraska. Any person may make any donation of money. lands or property for the benefit of such auditorium'or city ha¡l; and the title to the property do~ated may be made to and shal¡ vßst in the C1 ty of Blair for the uses of Blair Oi ty Hall; and such propertY' shall thereafter be exempt from taxation. -1 Sec. 7. REPEAL OF PRIOR ORDINANCES IN CONFLICT.- That all ordi- nanoes and parts of ordinances passed and approved prior to the passage and approval of this ordinance and in conflict therewith are hereby repealed. Sec. g. WHEN OPERATIVE.- This ordinance shall be in full force and take effect from and after its passage. approval and publica- tion acCOrding to law. Passed and approved August 21, 1939. -ì ORDINANCE RECORD 45 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ""'-"""" -- - ,. FORM NO ""M QU', p~Ta, C.~~."RQ NEO, FIRST READING The Mayor then instructed the Clerk to read by title Ordinance No. 551 ,Chapter 4 ,of' the Municipal Code of' the 'Ie 01 ty of Blair , Nebraska. The Clerk thereupon read -" the aforesaid Ordinance No. 551 ,Chapter 4 , by title upon its first reading. WhereuponCounci1man Emmett Rounds moved thai said Ordinance No.55l ,Chapter 4 ,be approved on its first reading and its title agreed to. Councilman John E. Hansen seconded this motion. Whereupon Councilman Alfred Paulsen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: ROUNDS, HANSEN, PAULSEN, McCOMB, KUHR, IDJNDAHL, CHRISTENSEN, HOLSTEIN Nays: None. Motion: Carried. Whereupon the Ordinance No. 551 ,Chapter 4 and its title agreed to. Mayor declared said , approved on its first reading SUSPENSION OF RULES Whereupon it was moved bYCouno11man C. E. MoComb and seconded by Councilman Martin Kuhr that the statutory rules in regard to the passage and adoption of' ordinances be suspended so that said ordinance might be introduced, read, approved and passed at the same meeting. Councilman K. P. Hundahl called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: McOOMB, KUHR, HUNDAHL, OHRISTENSEN, HOLSTEIN, ROUNDS. HANSEN, PAULSEN Nays: None. Motion: Carried. Whereupon the Mayor declared the statutory rules in regard to the passage and approval of ordi- nanoes suspended so that Ordinance No. 551 , Chapter 4 , might be read by title the first and second times, and at large the third time with the "Yeas" and "Nays" each time called and recorded, approved and passed at the same meeting. SECOND READING Ordinance No. 551 , Chapter 4 , now comes on for second reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter 4 , by title upon its second reading. The Clerk then read said Ordinance No. 551 ,Chapter4 by title upon its second reading. ' Whereupon Councilman C.M.Christensen moved that said Ordinance No. 551 ,Chapter 4 ,beapprcved upon its second reading and its title agreed to. Councilman Dewey Holstein seconded this motion. Whereupon Councilman Emmett Rounds called for the question. The Mayor put the question and instructed the Clerk to call the roll fpr the vote thereon. The Clerk called the roll and the followinø WA~ t~Q unto n~ .~o- __+0__- LJd) ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ...--.,- _... , F?"""N,O ~"-5A ou", P"TO. co.. ORO NEB THIRD READING Said Ordinance No. 551 ,Chapter 4 , now comes on for third reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter 4 ,at large upon its third reading. The Clerk read said Ordinance No. 551 ,Chapter 4 ,at large upon its third reading. Whereupon Councilman John E. Hansen moved that said Ordinance No. 551 . Chapter 4 ,be approved on its third readi,n~ and its title agreed to. Councilman Al ired Paulsen seconded this motion. Whereupon Councilman C.E.McUomb called for the question. The Mayor put the question and instructed the' Clerk toêa:ll ,the roll for the vote thereon. The Clerk called the roll and the following was the vote en this motion: Yeas: HAŒSEN; P:í\1ITLSEN, McCOMB, ImHR, HUND AHL , CHRISTENSEN, HOLSTEIN, ROUNDS Nays: None. Motion: Carried. Ordinance No. 551 reading and its title Whereupon the ,Chapter 4 agreed to. Mayor declared said , approved on its third FINAL PASSAGE The Mayor declared said Ordinance No.551 of the Municipal Code of the C1 ty of Blair Nebraska, having been read by title the first and second times and at large the third time, the rules having been suspended and the "Yeas" and "Nays" having been called 'and recorded four times, and each time duly approved and its title agreed to, the question is "Shall said Ordinance No. 551 ,Chapter 4 ,of the Municipal Code of the City of Blair, Nebraska, finally pass?" Councilman Martin Kuhr called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote en this motion: Yeas: KUHR, HUNDAHL, CHRISTENSEN, HOLSTEIN, ROUNDS, HANSEN, PAULSEN, McCOMB Nays: None. Motion: Carried. All members having voted on the affirmative for the final passage of said Ordinance No. 551 ,Chapter 4 the Mayor declared said Ordinance No. 551 ,Chapter 4 duly passed and adopted as an ordinance of the City. Blair , Nebraska. , Chapter 4 -, , of APPROVAL Whereupon the Mayor apprcved said Ordinance No.55l Chapter 4 , of the Municipal Code of the C1 ty of Blair Nebraska, by subscribing his name thereto, and the Clerk attested said signature of the Mayor by ,subscribing his name theret.o and affixing thereon the seal of the City of Blair Nebraska. The above proceedings of the Mayor of this city with reference tJ the had en the 21st day of August and Council ordinance aforesaid, were , 1939 . PlfRT_Tf"^'1'T(\l\T ORDINANCE RECORD 47 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO "'-,^ CU,. "TO. CO.. ORD, NEB, AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA] rSS. WASHINGTON COUNTY. J I, JOHN A. RHOADES , of lawful age, being first duly sworn on oath, say that I am thø owner and pub11sher of The Enterprise , a printing and publishing com- pany in the 01 ty of Bla1r , in said county and state 4. that the foregoi, ng Chapter 4 "included in Ordinance No.4 1 ,of the City of Blair - - Wash1hgtö County, Nebraska, was by ti1!i:ë The Enterprise ,printed and published in pamphlet form in said City of Blair, in pursuance of the statutes of the State of Nebraska and the ordi- nances of said 01ty of Bla1r , Nebraska, in such cases made and provided, and by order and under authority of the Mayor 'and Council of Blair Washington County, Nebraska, as shown by the following reso- lution passed by its said Mayor and Council Augu at 24 , 19 39 : "BE IT RESOLVED BY THE MAYOR OF THE CITY OF BLAIR AND COUNCIL , NEBRASKA: 1. That the Oi ty Clerk be and he is hereby instructed to cause Ordinance No. 551 ,a General Revision Ordinance which em- braces all ordinances of said city of a general and permanent nature divided into 2g Chapters with the several sections there- under, to be published in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Federal Securities Building, Lincoln, Nebraska. Attest: =¥~-iF~~¡CitY)-Ci ~;'k . '(SEAL) -----------~-~ --~~£_----- _m____---_-------,- ---__n_- 1L~---Þ-~d2. ~ ~ iboEt'JaX Jltt X~ P. C. SORENSEN, Mayor. Introduced by Councilman John E. Hansen; Adopted Approved August 24 Augu at 24 , 1939. 1 Q ~q- II. 43 ORDINANCE RECORD Compiled by George R. Mann. Lawyer, Lincoln, Nebraska. FOAM NO, "HA OUOZ PRTG. 00.. ORO, NEB. CERTIFICATE OF PASSAGE CITY OF BLAIR I r SS. I -i STATE OF NEBRASKA COUNTY OF WASHINGTON I, HENRY CHRISTENSEN City Clerk of the City of Blair Washington County, Nebraska, hereby certify that the annexed ordinance, purporting to be Chapter 4 of the Municipal Code of this city and embraced in Ordinance No. 551 of said oity , a General Revision Ordinance which includes all the ordinances of this city , of a general and permanent nature arranged in Chapters and Sections, was passed as such by the Mayor and Council of the City ~--l of Blair , Washington County, Nebraska; pursuant to the rules and regulations prescribed by general law and by said Mayor and Council for the passage of ordinances, and was duly approved by the Mayor of said city said passage and approval having been made on the 21st day of August , 19 39, with respect to said Chapter aforesaid which as a part of Ordinance No. 551 has been published in pamphlet form by authority of the Mayor and Council of said olty and has been distributed by said city under direction of its duly constïtuted authorities pursuant to resolution of the Mayor and Council thereof. IN WITNESS WHEREOF, I have hereunto affixed my hand and seal -I ORDINANCE RECORD 49 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. "'..-,,- ,,",,--- FORM NO "HA QUlzeRT.. CO.. ORP NEB """"""""'" "...... . -... -- ORDINANCE No. ;;1 , CHAPTER ; Introduction of Ordinance No. 551 Municipal Code of the City" of , Chapter Blair 5 , of the Nebraska. And the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 551 , Chapter 5 , of the Municipal Code of the Oi ty of Blair , Nebraska. This ordinance was introduced by Councilman Alfred Paulsen, and is in words and figures as follows, to-wit: CHAPTER 5 DOGS' An ordinance providing for the determinat ion of the ownership of all dogs within the corporate limits of the City of Blair, Ne- braska; prohibiting the running at large 0 f a,ny and all fierce and dangerous dogs therein, whether licensed for the current year or not, after their nature and disposition have been ascertained; prohibiting the running at large of fe~ale dogs while in season; providing for the payment of a dog tax by the owners thereof and for the securing of a license and a dog tag from the city clerk or other city employee, designated by the mayor and council; empowering the mayor to protect the public from rabid dogs; providing for the killing of dogs found to be running at large without a license or a tag or when dangerous or in season and the powers of the ohief of police relative thereto; providing for the establishment and manage- ment of a city dog pound; providing for humane treatment for dogs so impounded and a seventy-two hour period for the re- claiming of impounded dogs by their owners; providing that dog tax shall be delinquent after May first in each year; pro- hibiting poisoning or injuring dogs; declaring it to be unlaw- ful to own, keep or harbor barking, howling or yelping dogs; providing the. penalty for failure to pay dog tax and for inter- ference with the chief of police or any other officer or pe~son designated by the mayor and council in attempting to enforce the several provisions thereof; providing penalty fO"1,' inter- ferenoe by non-owners in taking or removing tags or plates from licensed dogs; providing for the repeal of prior ordinances in conflict; prescribing the time when this ordinance shall be in full force and take effect; an~ providing penalties for violation of the several provisions of this chapter. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: 17-43ð, C. s. N., 1929. Section 1. DOG DEFINED.- The term dog whenever used in this chaPter, shall be held to apply to both male and female dogs of all ages. Sec. 2. WHO DEEMED OWNER.- Anv T"HH'<!("\r1 ",'hI""> n....~1 1 '"---"1...-- -- ;jU ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ... - - .....-.... ....'~o. NO:~.~',~^ DU" "OTO. co.. 000. NE.. Sec. 3. DANGEROUS DOGS AT LARGE.- If the owner or possessor of a fierce or dangerous dog, whether licensed for the current year or not, after its disposition and nature have been ascertained, permits the same to run at large in thisoi ty, to the danger and annoyance of the citizens, he shall be deemed guilty of a mis- demeanor, and, upon conviction thereof, shall be punished as hereinafter provided. The chief of police or other officer designated by the mayor and counollis hereby authorized to kill such dog if found running at large. The prudent Use of firearms by the chief of police or such other officer for this purpose or for aQy purpose required by this ordinance shall not be consider- eda violation of the ordinances of the City of Blair, Nebraska. Sec. 4. FEMALE DOGS IN SEASON.- The owner or possessor of any female dog, whether licensed for the current year or not, that permits such to run at large while in season} shall, On con- viction thereof, be punished as hereinafter provided. The chief of police or other officer designated by the mayor and council is hereby authorized to kill any such dog if found running at large in such condition. -1 Sec. 5. PLATES, TAGS; LOST TAG REPLACEMENT; INTERFERENOE BY NON-OWNF..RS.... It shall be unlawful for any dog to run at large or to be harbored within the corporate limits of this city, unless such dog shall have a collar with a metallic plate Or tag secure- ly fastened upon it. Each and every such tag or plate shall be plainly engraved or stamped with the year for which the same is given, and the number, which shall represent the number of such plate Or tag: Provided, tm.t the shape and apPearance of the same be different each year and each year they shall be numbered from one upwards; and provided further, in the event of the loss of said plate or tag, the city clerk shall issue a duplicate or new tag for the balance of the year for which tax has been paid upon proper showing by the harborer or owner of any dog that the plate or tag has been lost and upon the payœent of a fee of twenty~five cents to the ol~y clerk. No person, without authority or permis- sion from the owner of any licensed dog, shall take or remove the metallic plate or tag, issued by the city clerk, from such dog. Sec. 6. TAX; AMOUNT; WHEN DUE: ¡mEN DELINQ,UENT.- Every possessor of a male or spayed femaœê dog in this city shall pay, for each and every such dog possessed, to the oi ty clerk or other city employee designated by the mayor and council, as a dog tax, the sum of One Dollar ($1.00) per annum, payable on or before May first of each year; and every possessor of any unspayed female dog in this city shall likewise pay as a dog tax the sum of Two Dollars ($2.00) per annum: Provided, that each person so paying shall have a metallic tag attached t~he collar of the dog showing the number as provided in Section 5 of this chapter; and provided further, the possessor of any dog brought -into or harbored within the corporate limits of said city subsequent to May first in any year shall be liable for the dog tax levied herein. Dog tax shall become delinquent May tenth of each year. -I Sec. 7. ISSUANCE OF TAGS; DOG TAX CREDITED TO GENERAL FUNDi CHIEF OF POLICE ASSISTS CITY CLERK TN no~ ~bY wMwn~~nñ~lm - ^~. ~ì 0 R DIN AN C ER E COR D t"l ,) .i. Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. -----.. -_0_.. .',- ...---,....-.... of each dog upon which the tax has been paid, and the number there- of: Provided, the chief of police shall assist the city clerk in the collection of dog tax, when so ordered by resolution of the council. Seo.8. RABID DOGS.- The mayor, pursuant to resolution of the council, may prohibit, by proclamation, the running at large of any dog at any time of year when, in his opinion, the public is in danger of rabid dogs. Sec. 9. IMPOUNDING, KILLING OF DOGS; OOMPENSATION OF CHIEF OF POLICE OR OTHER DESIGNATED OFFICER FOR SO DOING.- It shall be the duty of the ohief of polioe or other officers designated by the mayor and council after May tenth in each year when dog tax be- comes delinquent, 8,8 aforesaid, to take up and kill any and all dogs, male, spayed female, or unspayed female, harbored and found running at large within the corporate limits thereof, not having about their necks the tag or plate provided for in Section 5 of this chapter; and for each and every dog so killed and buried, the chief of police or ID~her authorized person shall be entitled to receive by way of compensation from Said city in, excess of his regular monthly salary, if any, the sum of One Dollar ($1.00) from the general fund thereof: Pr9vided, the additional compensation herein allowed the chief of police or other authorized person shall be paid as other moneys out of the general fund on claims filed, audited and allowed by the council according to law. No dog so taken by the chief of police or other officer of this city shall be killed until seventy-two hours shall have expired after its impound- ing, until such officer after consulting the records in the office of the city clerk shall have satisfied himself that the tax herein levied on sald dog is due and unpaid ~ld until suoh officer shall have notified in writing or by word of mouth the owner of said dog, if known to him, forthwith to pay the delinquent tax so due. The city shall provide a safe, su~table and sheltered place for the impounding, keeping and destruction of said dogs as in this section contemplated. All dogs placed in the city dog pound shall be treated in a rulmane manner, shall be provided with plenty of food and fresh water each day and shall be chained separately so as to prevent fighting. The seventy~two hour periOd of impounding shall constitute the time allowed for the owner to claim or:'redeem his dog ¡ and for every dog so claimed or" redeemed the owner shall pay a redemption fee of One Dollar ($1.00) to said City of Blair to defray the expense of keeping said dog in the city pound. The Board of Health shall authorize and approve the summary and humane manner and means by which dogs shall be destroyed as required by the provisions of this section. Seo.lO. POISONING OR INJURING DOGS.- It shall be unlawful for any person to administer or cause to be administered poison of any sort whatsoever to any dog, or 1n any manner to injure, maim or destroy, or 1n any manner to attempt to injure, maim or destroy any dog, the property of another, or to place any poison or poisoned food where the same is accessible to any dog. Sec. 11. BARKING, HOWLING OR YELPING DOGS.- No person shall own, keep or harbor any dog which by loud, continued or frequent barking, howling or yelping shall annoy or disturb any neighborhood or person or which habitually barks or Ch~~AQ ~~ñan~~i_~- ~------ 52 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. -'----" -'.. -'--....-.............. FORM NO. 101 OU" PRTO. CO.. ORD. NEa procure a plate or tag for the same as provided in this chapter, who shall violate any provisions of this chapter, for which . penalties are not elsewhere herein fixed,. who shall interfere with the ohief of police or any other officer in. his endeavor to 'carr7 into effect any provision of this chapter or who shall remove the plate or tag issued by the city clerk from a 11oenseddog wi thout authority or permission of its owner, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not exceeding TwentY-five Dollars (#25.00), and, in default of payment thereof, mlall be adjudged to stand cOmmitted to the ci ty jail until such fine and costs be paid or otherwise satisfied according to law. !--l ¡ ! Sec. 13. REPEAL OF PRIOR ORDINANCES IN CONFLICT.- All ordi- nances and parts ofordinanoes passed and approved prior to the passage and apProval of this ordinance and in conflict therewith are hereby repealed. Sec. 14. WHEN OPERATIVE..- This ordinance shall be in full force and take effect from and after its passage, approval and publication according to law. Passed and approved August 21, 1939. Þ'. ~L -(~~/Z4~ P. C. SORENSEN, Mayor. ATTEST: -l j ç~~-t{ ~~ 7u HENRY(CHRISTENSEN, City Clerk. ( SEAL) -, ORDINANCE RECORD 1:'3 ,) , Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO 12"" Qurz P.TG. CO.. 0.0 NEB. FIRST READING The Mayor then instructed the Clerk to read by title Ordinance No. 551 , Chapter 5 , of the Municipal Code of the C1 ty of Blat r , Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 551 , Chapter 5 , by title upon its first reading. Whereupon Councilman Emmett Rounds moved that' said Ordinance No. 551 , Chapter 5 , be approved on its first reading and its title agreed to.Oouncilman John E. Hansen seconded this motion. Whereupon Councilma,n Alfred Paulsen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: ROUNDS, HANSEN, PAULSEN, McCOMB, KUHR, HUNDAHL, CHRISTENSEN, HOLSTEIN Nays: None. Motion: Carried. Whereupon the Ordinance No. 551 , Chapter 5 and its title agreed to. Mayor declared said , approved on its first reading SUSPENSION OF RULES Whereupon it was moved by Counoilman C.E.McComb and seconded bYCounc1lman Martin Kuhr that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said ordinance might be introduced, read, approved and passed at the same meeting. Councilman K. P. Hundahl called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: McCOMB, KUHR, HUND AHL , CHRISTENSEN; HOLSTEIN, ROUNDS, HANSEN, PAULSEN Nays: None. Motion: Carried. Whereupon the Mayor declared the statutory rules in regard to the passage and approval of ordi- nances suspended so that Ordinance No. 551 , Chapter 5 , might be read by title the first and second times, and at large the third time with the "Yeas" and "Nays" each time called and recorded, approved and passed at the same meeting. SECOND READING Ordinance No. 551 , Chapter 5 , now comes on for second reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter 5 , by title upon its second reading. The Clerk then read said Ordinance No. 551 , Chapter 5 by title upon its second reading. Whereupon Councilman C.M.Christensen moved that said Ordinance No. 551 , Chapter 5 , be approved upon its second reading and its title agreed to. Councilman Dewey Holstein seconded this motion. Whereupon Councilman Emmett Rounds called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the follnw;n", ",<>~ +...~ ..-...- _.. ~1 ,.; , ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO "4-5A GU" PATG. CO., ORD NEB THIRD READING Said Ordinance No. 551 ,Chapter 5. , now comes on for third reading. The Mayor instructed the Clerk to read said Ordinance No. 551 , Chapter 5 , at large upon its third reading. The Clerk read said Ordinance No. 551 ,Chapter 5 ,at large upon its third reading. Whereupon Councilman John E. Hansen moved that said Ordinance No. 551 , Chapter 5 ,be approved on its third readir¡.g and its title agreed to. Councilman Alfred Paulsen seconded thIs ¡notion. Whereupon Oounci1man a.i.McOomb called for the question. The Mayor put the question and instructed the Clerk to ~b¡~the roll for the vote thereon. The Clerk called the roll and the following was the vote en this motion: Yeas: HANSEN, P AULSEH, MoCOMB, KUHR, HUND AE:L, ClHRI STENBEN, HOLSTE! N, ROUNDS Nays: None. - Motion: Carried. Ordinance No. 551 reading and its title II I Whereupon the Mayor declared said ,Chapter 5 , approved on its third agreed to. FINAL PASSAGE The Mayor declared said Ordinance No. 551 of the Municipal Code of the Oi ty of Blair Nebraska, having been read by title the first and second times and at large the third time, the rules having been suspended and the "Yeas" and "Nays" having been cal'led and recorded four times, and each time duly approved and its title agreed to, the question is "Shall said Ordinance No. 551 , Chapter 5 ,of the Municipal Code of the City of Blair , Nebraska, finally pass?" Councilman Martin Kuhr called for the question. The Mayor put the question and instructed the Clerk to call the roll fOr the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: KUHR, HUNDAHL, OHRISTENSEN, HOLSTEr N, ROUNDS, HANSEN, PAULSEN, McCOMB Nays: None. Motion: Carried. All members having voted on the affirmative for the final passage of said Ordinance No. 551 , Chapter 5 the Måyor declared said Ordinance No. 551, Chapter 5 duly passed and adopted as an ordinance cf the City Blair , Nebraska. , Chapter 5 l , of APPROVAL Whereupon the Mayor approved said Ordinance No. Chapter 5 , of the Municipal Code of the C1 ty of Blair Nebraska, by subscribing his name thereto, and the Clerk attested said signature of the Mayor by subscribing his name thereto and affixing thereon the seal of the Oi ty of Blair Nebraska. The above proceedings cf the of this city with reference had on the 21st day of August 551 Mayor and Council tJ the ordinance aforesaid, were , 19 39 . "DTTUT T,., ^ mT "~T -, ORDINANCE RECORD 55 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO 12"" QUO, PRTO, CO.. ORP, NEO. , I AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA 1 tSS. WASHINGTON COUNTY. J I, JOHN A. RHOADES , of lawful age, being first duly sworn on oath, say that I am the owner and publisher of Thè Enterprise , a printing and publishing com- pany in the City of Blair , in said county and state; that the foregoing Chapter 5 ,included in Ordinance No. 551 ,of the City of Blair Washington County, Nebraska, was by ~ The Enterprise, printed and published in pamphlet form in said City of Blair, in pursuance of the statutes of the State of Nebraska and the ordi- nances of said City of Blair , Nebraska, in such cases made and provided, and by order and under authority of the Mayor and Council of Blair Washington County, Nebraska, as shown by the following reso- lution passed by its said Mayor and Council August 24 , 19 39 : "BE IT RESOLVED BY THE MAYOR OF THE CITY OF BLAIR AND COUNCIL , NEBRASKA: 1. That the 01 ty Clerk be and he is hereby instructed to cause Ordinance No. 551 ,a General Revision Ordinance which em- braces all ordinances of said city of a general and permanent nature divided into 28 Chapters with the several sections there- under, to be published in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Federal Securities Building, Lincoln, Nebraska. . --------n---__--__- .-- -------------------J2./;/~~------------ ~X~~~IXð~~ P. O. SORENSEN, Mayor. Attest: iftrf"à,¡flM~~~¡CitY¡ C,:;;;.. , (SEAL) . Introduced by Counoilman John E. Hansen; Adopted AUgust 24 , 19 39 . Approved August 24 19~9.n: 56 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO >2"" OUIZ PRTG, CO.. ORO. NEB, CERTIFICATE OF PASSAGE STATE OF NEBRASKA CITY OF BLAIR ¡ ¡ SS. COUNTY OF WASHINGTON I, HENRY CHRI BTEN BEN City Clerk of the City of Blair Washington County, Nebraska, hereby certify that the annexed ordinance, purporting to be Chapter 5 of the Municipal Code of this city and embraced in Ordinance No. 551 of said city , a General Revision Ordinance which includes all the ordinances of this city , of a general and permanent nature arranged in Chapters and Sections, was passed as such by the Mayor and Council , of the City 'I of Blair Washington County, Nebraska, pursuant to the rules and regulations prescribed by general law and by said Mayor and Council for the passage of ordinances, and was duly approved by the Mayor of said city said passage and approval having been made on the 21st day of August , 1939 , with respect to said Chapter aforesaid which as a part of Ordinance No. 551 has been published in pamphlet form by authority of the Mayor and Council of said oi ty and has been distributed by said city under direction d'!' its duly constitut(:d authorities pursuant to resolution of the Mayor and Gounei1 thereof. IN WITNESS WHEREOF, I havè hereunto affixed my hand and seal ,-, ORDINANCE RECORD 57 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO 124-8A 0"", PRTG. eo.. ORD NEB ORDINANCE No. 551 Introduction of Ordinance No. 551 Municipal Code of the Oi ty of , CHAPTER 6 , Chapter Blair 6 t of the Nebraska. And the Chapter 6 Blair Councilman C. E. follows, to-wit: matter now coming before the Mayor and Counoil was the passage and approval of Ordinance No. 551 , , of the Municipal Code of the City of , Nebraska. This ordinance was introduced by MoComb , and is in words and figures as CHAPTER 6 ELECTIONS An ordinance relating to the procedure to be followed in con- ducting municipal elections wi thin the corporate limits of the Oi ty of Blair,. Nebraska; providing for the publication of notice of general municipal electionsJ the days and hours of the day when said elections shall be held;. providing for the qualifications of electors; providing the jurisdictional steps to be taken in the nomination of candidates for city elective offices by caucus or convention or by petition; prescribing requirements concerning the appointment of election officials, . their compensation, duties andqualifioatlons, abstract of the vote, certificates of election and tenure of office; providing for the preparation and printing of ballots prior to the hold- ing of said election and requirements concerning sample ballots; providing for the repeal of prior ordinances in conflict; and prescribing the time when this ordinance shall be in full foroe and take effect. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: 17-107, 17-509, 1$-209, C. S.N.J 1929. Sectt'on 1. ELECTIONS, GENERAL MUNICIPAL; WHEN HELD.- All elective officers of this city shall be elected by the qualified voters thereOf, at an election to be held for that purpose the first Tuesday in April of each year. 32-302, 32-110$, 32-1126, 32-1127, c. S. SuPP., 1937. Bee. 2. SAME; NOTICE, PUBLICATION.- It shall be the duty of the city clerk, at least twenty days previous to any general municipal election, to make out and cause to be published in such legal news- paper a8 may be designated by the mayor and council of said city, a notice of such election in manner and form substantially, as now provided by law for notices of the November general eleotio~,* the hours during whioh the polls will be openJ the offices to. be filled thereat and regular polling place or places where said eleo- tion will be held. 32-5°5, 32-50$, 32-511, 32-710, C. S. N., 1929; 32-113L~, C. S. SUPP.. l<n7- 32-513, 32-1108, 58 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO. ,..-.. aU" "no. CO.. ORD. NEO. 0_' _. - desire to become a candidate for any elective office in this city shall, within ten days before the date of any municipal election, file with the city clerk a legal petition signed by the requisite number of qualified voters of the city or ward, as the case may be, asking that his name be placed on the ballot at the election where- in such office is to be filled: Provided, the number of signatures on said petition need not exceed in any case one-fourth of the total number of voters in the city or ward as shown by the poll book or books at the last general municipal election held therein; and the signatures on said petition need not all be appended to one paper. The official ballot shall contain the names of every candidate whose nomination for any office specified, whether by convention Or cauous Or by petition, shall have been certified or filed according to law. The official ballot shall be printed, pre- pared and arranged by the city clerk, and shall be printed On white paPer and in his possession at least five days before any municipal election. The city clerk shall provide seventy-five ballots for each fifty voters, or fraction of fifty voters regi ster- ed at the last preceding eleetion in said city. !-l 17-;09, C. S. Supp., 1937. Sec. 4. HOURS OF ELECTION.- At said election the qualified voters of the City of Blair, Nebraska, may cast their ballots at the regular polling place or places between the hours of eight o'clock A. M. and eight olelook P. M. on the day of said election. 32-102,17-;10, C. S. N., 1929. Sec. 5. ELECTORS, WHO Q,UALIFIED.- All qualified electors of the State of Nebraska who shall have resided within the limits Of th~ City of Blair, Nebraska, for the three months immediately preeeding any general or special election therein shall be entitled to vote at such city election: Provided, said electors who shall have resided for ten days in the ward shall be qualified to vote therein. 17-104~ 17-107, 79-2504, C. S. N., 1929; 79~2503, O. S.SuPP., 1937. Sec. 6. OFFICERS TO BE ELECTED; TENURE OF OFFICE; BOARD OF EDUOATION.- At the time of holding the general city election in the year 1940, and every two years thereafter, there shall be elected a mayor, a clerk, a police magistrate and a treasurer, who shall serve fw~ two years. At each annual municipal election hereafter there shall also be chosen one councilman for each ward, who shall serve for two years and until his successor shall be elected and qual1f1ed.Atthe time of holding the general city election in the year 1940 and annually thereafter two members of the board of education shall be elected for three years and until their successors are elected, qualified and installed in the office. The returns for the election of members of the board of education shall be canvassed in the same manner as provided for in the Cass of other city officers. ' 33-142, 17-!f39 , 32-701, 32-7e3, C. s. N., 1929; C. S. SuPP.. lq~7& 32-401. 32-90 3, -, ORDINANCE RECORD 59 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. election shall fail to appear at the hour appo~nted for the open- ing of the polls, the remainder of the board shall elect a member of said board to serve in his stead who shall be an elector from the same politioal,party, if POssible, as that from which the absent member was chosen. For each hour of service rendered, each election official,shall receive thirty cents. Each election of- ficial shall make affidavit before a qualified officer of the num- ber of hours he has worked, and shall file the same with the city clerk in the form of a claim which shall be allowed as other claims against saId city at the next regular meeting of the1mayorand council thereof: Provided, that in precincts having a counting board no member of the receiving board shall receive pay for more than thirteen hours' service. 32-701, o. S. N., 1929. Sec. 8. SAME; DUTIES AND QUALIFICATIONS.- The said j~dges and clerks of election shall, before entering upon the duties of their said Offices, take the usual oath prescribed by the laws of the State of Nebraska, and be go~erned by the laws in force in said state in relation to the duties of clerks and Judges of election in general elections in this state. Said Judges and clerks shall, in all things appertaining to the receiving, counting and certify- ing of votes cast, be governed and controlled by the laws of the State of Nebraska relating to general elections. I ' 32-723, 32-1001, C. S. N.. 1929. Sec~ 9. BALLOT BOX.- Said judge~ a~d clerks shall at the ap- pointed hour for opening the polls, proceed to the respeot~ve voting places in said city, and, in the presence of the electors present, immediately before the opening of the palls. shall open the ballot box for inspection and see that there are no ballots therein contained. Immediately thereafter said ballot box shall be closed and securely locked and one of the judges shall proclaim that the polls are open. Said judges shall proceed t~take such ballots as are offered to them according to law, and without exam- ining the same, shall immediately and in the presence of the person offering the same, deposit said ballot in the ballot box: Pro- vided, that the elector's right to vote is not challenged. The ballot box shall not be removed from the view of the electors present until the polls are closed and all votes s~all have been counted and canVassed. 32-904 to 32-914, 17-443, C. S. N., 1929. Seo.lO. OANVASS.- Whgn all the votes cast at such election shall have been examined as required by law and counted. the clerks of election shall write down in i~ on the poll books the name of every person voted for and the title of the office for which such person received any vote or votes. and the number of votes received by each person for said office (whioh number shall be expressed,in4~ full length). The Judges of election shall then enclose one of the poll books ful¡ and complete in the envelope and seal the same, and one of the Judges shall, within forty-eight .hours after the closing of the polls, deliver said poll book to the mayor in the presence of the council. if there bl'! A m....+'in"" _i +1-.4 ~ .p~_..._- -, _L~ 6ü ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. _._--~==-- =~--_._=,_._. FORM NO. too Quoz "RTO. CO.. ORD. NEB precinct shall deposit the other poll book with one of their own number selectëd by them for that purpose, which poll book shall be kept by him for a period of six months subject to the inspection of any elector who may wish to examine the same. 17-429,17-443, 32-904 to 32-914, C. S. N., 1929. Sec. 11. ABSTRACT OF THE VOTE.- After the votes shall have been canvassed by the mayor and council, as provided by law, and upon the receipt of the returns of said city election, delivered to him as aforesaid, the mayor and council together with the city clerk, and in the presence of as Inany qualified electors as may be present, shall open said returns and make complete abstracts of all the votes cast at said election for each of the several Offices, which abstract shall be recorded in the record of the proceedings of the mayor and council by the city clerk. 17-511, C. S. N., 1929. Seo.12. CERTIFICATES OF ELEOTION.- After abstract of votes, by the mayor and council, as provided by law, shall have been made and the votes shall have been counted and compared, the per- son or persons having the highest numher of votes for each of the several offices at such election, shall be declared duly elected, and the mayor and council shall by reso1utiondirect the city clerk to issue certificates of eleetion made out under the corporate seal of said oi ty. . . 17-104, 17-106, 17-107, C. S. N., 1929; 1937. Sec. 13. TENURE OF OFFICE; WHEN COMMENCE.- All elective officers of this city, hereafter elected, shall enter upon the duties of their respective offices at a special meeting to be called on the last Tuesday in April after their election, and after their official bonds, if required, shall have been approved by the mayor and council of this city, and their oaths of office shall have been filed with the city clerk. All elective officers shall hold office until their successors are elected and qualified, unless othe~ise provided by law. 32-222, C. 8. Supp., I 17-104, G. S. N., 1929. Seo.14. TIE, HOW DECIDED.- Whenever it shall appear by a canVass of the returns of .the votesoast at any election that no choice has been made for any one or more of the severaloffioers, by reason of a tie vote between any of the candidates fOT offices aforesaid, it shall be the duty of the mayor and council to declare neither candidate elected. In such case the old officer shall hold 'over until Me successor is duly elected and qualified: Pro- vided, however, if there shall be a tie on the election of oouncil- men, it shall be determined by lot by judges of election in the Ward in which it ahall hapPen. . . 32-1.7O8, G. S. N., 1929. ~ea. 1>-;- ~P",-(,!TI\T. ~T.Jri"'.'f'T(,)1\Tq _A"~ ---, -, -,- -~l ORDINANCE RECORD PI ~L Compiled by George R. Mann, Lawyer. Lincoln, Nebraska. r-'¡ petition signed by the requisite number of qualified voters of the city ot ward, as the case may be, asking that his name be placed on the ballot ~t the election wherein such office is to be filled. The number of signatures on said petition shall not be less than two hundred when the nomination is for an office to be filled 'by the entire c1 ty, and not Ie 88 than fifty where the nomination i s for an office to be filled by the electors of a ward: Prov1ded, the number of signatures on said petition need not exceed in any case one-fourth of the total number of voters in the city or ward as shown by the poll book or books at the last general municipal election held therein; and the signatures on said petition need not all be appended to one paper. 32-516, C. S. N., 1929; 32-515, 32-517, C. s. Supp., 1937. Sec. 17. COpy OF SAl.LOTS PRINTED IN NEWSPAPERS, SAMPLE SALLaTS.- A copy of the official ballot as arranged by the city clerk shall be printed in two Or more legal newspapers in general circulation in said city, to be designated by the council, not more than ten and not less than three days before the election, and the same shall appear in one regular issue of said papers. Sample ballots may be prepared and provided, if in the judgment of the council the copy of the ballot printed in the newspaper, as aforesaid, will not be seen by the voters of said city generally. Seo. 18. REPEAL OF PRIOR ORDINANCES IN CONFLICT.- All ordi- nances AAd parts of ordinances passed and approved prior to~:the passage and approval of this ordinance and in conflict therewi~h are hereby repealed. Sec. 19. WHEN OPERATIVE.- This ordinance shall be in full force and take eff~ct from and after its passage, approval and publioa- tion according to law. Passed and approved August 21, 1939. '~.~ ð-rf<,-"' ;'-A/Þ'V7A/V(> P. C. SORENSEN, Mayor. ATTEST: ~ f(!;:;:~~ Glerk. (SEAL) ~I G2 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebra,ka. - . FORM NO. 101 OU", PRTG. co.. ORO. NEB '-"1 I ---'I ORDINANCE RECORD (::3 tß Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. -, ., ,--'u... - ,.. FORM NO ,..'.. QU" FRTO, CO.. ORO NEa FIRST READING The Mayor then instructed the Clerk to read by title Ordinance No. 551 , Chapter 6 ,of the Municipal Code of the 01 ty of Blair , Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 551 , Chapter 6 , by title upon its first reading. Whereupon Councilman O. M. Christensen moved that said Ordinance No.551 , Chapter 6 , be approved on its first reading and its title agreed to. Councilman Dewey Holstein seconded this' motion. Whereupon Councilman Emmett Rounds called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: CHRISTENSEN, HOLSTEIN, ROUNDS, HAN¡=\EN,PAULSEN, MoCOMB, KUHR, HUIIDAHL Nays: None. Motion: Carried. Whereupon the Ordinance No. 551 , Chapter 6 and its title agreed to. Mayor declared said , approved on its first reading SUSPENSION OF RULES Whereupon it was moved by Councilman John E. Hansen and seconded by Councilman Alfred Paulsen that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said ordinance might be introduced, read, approved and passed at the same meeting. Councilman C. E. McOomb called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HANSEN, PAULSEN, McCOMB, KUHR, HUND AHL , CHRISTENSEN, . HOLSTEIN, ROUNDS Nays: None. , Motion: Carried. Whereupon the Mayor declared the statutory rules in regard to the passage and approval of ordi- nances suspended so that Ordinance No. 551 , Chapter 6 , might be read by title the first and second times, and at large the third time with the "Yeas" and "Nays" each time called and recorded, approved and passed at the same meeting. SECOND READING Ordinance No. 551 , Chapter 6 , now comes on for second reading. The Mayor instructed the Clerk to read said Ordinance No. 551 , Chapter 6 , by title upon its second reading. The Clerk then read said Ordinance No. 551 , Chapter 6 by title upon its second reading. Whereupon Councilman Martin Kuhr moved that said Ordinance No. 551 , Chapter 6 , be approved upon its second reading and its title agreed to. Councilman K. P. Hundahl seconded this motion. Whereupon Councilman C. M. Christensen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the fOllow;no- w..." t'ho ,,^+n ^- +'-, - _u~, _n' () [1 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. -.- - "-- --,,-.- . FORM NO "'-M QU« PRTG. CO., ORD NE. - - -. , . THIRD READING Said Ordinance No. 551 ,Chapter 6 , now comes on for third reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter 6 , at large upon its third reading. The Clerk read said Ordinance No. 551 ,Chapter 6 ,at larg~ upon its third 'reading. Whereupon Councilman Martin Kuhr moved that said Ordinance No. 551 , Chapter 6 ,be approved on its third reading and its title agreed to. Councilman K. P. Hundahl seconded tJ;1is motion. Whereupon Oouncilman O.M.Ohristenseg,alled for the questipn.-The Mayor put the question and instructed the Clerk tócall the roll for the vote thereon. The Clerk called the roll and the following was the vote en this motion: Yeas: KUHR, HUNDAHL. CHRISTENSEN, HOLSTEIN, ROUl'IDS, HANSEN, PAULSEN, McCOMB Nays: None. Motion: Carried. Ordinance No. 551 reading and its title '--1 i Whereupon the ,Chapter 6 agreed to. Mayor declared said , approved on its third FINAL PASSAGE The Mayor declared said Ordinance No. 551 of the Municipal Code of the Oi ty of Blair Nebraska, having been read by title the first and second times and at large the third time, the rules having been suspended and the "Yeas" and "Nays" having been called'and recorded four times, and each time duly approved and its title agreed to, the question is "Shall said Ordinance No. 551 , Chapter 6 ,of the Municipal Code of the City of Blair , Nebraska, finally pass?" Councilman Dewey Holstein called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote cn this motion: Yeas: HOLSTEIN, ROUNDS, HANSEN, PAULSEN, McCOMB, KUHR, HUND AHL , CHRISTENSEN Nays: None. Motion: Carried. All members having voted on for the final passage of said Ordinance No. 551 the Mayor declared said Ordinance No. 551 duly passed and adopted as an ordinence of the Blair , Nebraska. , Chapter 6 -1 the affirmative ,Chapter 6 , Chapt er 6 City of APPROVAL Whereupon the Mayòr approved said Ordinance No. 551 Chapter 6 ,of the Munic ipal Code of the Oi ty of Blair Nebraska, by subscribing his name thereto, and the Clerk attested said signature of the Mayor by subscribing his name thereto and affixing thereon the seal of the Oi ty of Blair Nebraska. The above proceedings of the Mayor of this oi ty with reference t J the, had on the 21st day of August and Counoil or~inance aforesaid, were , 19 39 . P1TDT.Trt^"'TfHT --1 ORDINANCE RECORD 65 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO 12HA QUIZ POTO. CO., ORD, NEB. AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA 1 (SS. WASHINGTON COUNTY. J I, JOHN A. RHOADES , of lawful age, being first duly sworn on oath, say that I am the owner and publisher of The Enterprise , a printing and PUblishing com- pany in the City of Blair , in said county and state; that the foregoing Chapter 6 ,included in Ordinance No. 551 , of the 01ty of Blair , Washington County, Nebraska, was by $àÐ The Ènterprise , printed and published in pamphlet form in said 01ty of Blair, in pursuance of the statutes of the State of Nebraska and the ordi- nances of said CJ1ty of Blair , Nebraska, in such cases made and provided, and by order and under authority of the Mayor and Oouncll of Blair Washington County, Nebraska, as shown by the following reso- lution passed by its said Mayor and COuncil August 24- , 19 39 : "BE IT RESOLVED BY THE OF THE CITY OF MAYOR BLAIR AND COUNCIL , NEBRASKA: 1. That the 01 ty Clerk be and he is hereby instructed to cause Ordinance No. 551 , a General Revision Ordinance which èm- braces all ordinances of said city of a general and permanent nature divided into 2g Chapters with the several sections there- under, to be pUblished in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Federal Securities Building, Lincoln, Nebraska. ' Attest: ¡¡i~~,¡,-~'..'i;. (cit,;)~ Ci;;k. (SEAL) ---__--___m____--_______m___fi~ -~ -~m- 'm_____n--- :Ú.Ad2 ~XB~Xd~ P. O. SORENSEN, Mayor. Introduced by Councilman John E. Hansen; Approved August 24- August 24 , 1939. Adopted - H~ 39 - II. 05 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO, ""M GUIX PRTG, GO.. ORD, NEB. CERTIFICATE OF PASSAGE STATE OF NEBRASKA COUNTY OF WASHINGTON l [ SS. I CITY OF BLAIR I, HENRY CHRISTENSEN City Clerk of the City of Blair , , Washington County, Nebraska, hereby certify that the annexed ordinance, purporting to be Chapter 6 of the Municipal Code of this c1ty and embraced in Ordinance No. 551 of said city , a General Revision Ordinance which includes all the ordinances of this o1ty , of a general and permanent nature arranged in Chapters and Sections, was passed as such by the Mayor and Council , of: the City of Blair Washington County, Nebraska, pursuant i to the rules and regulations prescribed by general law and by said Mayor and Council for the passage of ordinances, and was duly approved by the Mayor of said City said passage and approval having been made on the 21st day of August , 1939, with respect to said Chapter aforesaid which as a part of Ordinance No. 551 has been published in pamphlet form by authority of the Mayor and Council of said city and has been distributed by said city under ~ ' direction pf its duly constituted authorities pu~uant to resolution of the Mayor and Council thereof. IN WI~NESS WHEREOF, I have hereunto affixed my hand and seal l ORDINANCE RECORD iP7 \'J¡ Compiled by George R. Mann, Lawyer, Lincoln, Nebr..ka. - -'-"-"--"--"'-"'-- <0..._- - " - ------ -- -----.-..--..--..-- ADJOURNMENT At 10:27 P. M. it Was moved by OounoilmanK. P. Hundah1 and seoonded by Councilman C. M. Christensen, that the Mayor and Council of the City of Blair, Nebraska, adjourn unUl Tuesday, Augu.st 22, 1939, at seven o'clock, P. M. APPROVED: ~/k~ P. O. SORENSEN, Mayor ( 'r ~J f3.3 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ~ - ""'...-... _. ..-- _...... ~._. ... "._-.- FaRM NO. 101 OUIZ "RTG. CO" ORD. NEB Blair, Nebraska, ¡--l I August 22,1939. OPENING The Mayor and Council of the City of Blair, Washington County, Nebraska, met in adjourned pegular session pursuant to adjournment of Monday, August 21, 1939, in the Council Chambers at 7:00 o'clock, P. M. Mayor P. C. Sòrensen presided. City Clerk Henry Christen- sen recorded the minutes of this meeting. George R. Mann, Lawyer, Linooln, Nebraska, Reviser and Compiler, was present to assist in the work of aotual revision. ROLL CALL The Mayor instructed the Clerk to oall the roll. The Clerk called the roll and the following Councilmen were presen t: O. M. Christensen, Dewey Holstein, John E. Hansen, Alfred Paulsen, C. E. MoComb, Martin Kubr, K. P. Hundahl. Absent: Emmett Rounds. ORDER OF BUSINESS Whereupon the Mayor announced that the intro- duction of ordinances was now in order. ORDINANCE REVISION MUNI eIP AL CODE The matter of preparing a municipal oode for said city was further considered. -..--, ORDINANCE RECORD r; 9' c Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FO"M NO 12HA QU<z P"'G. CO.. ORD NEe ORDINANCE No. 551 . CHAPTER 7 Introduction of Ordinance No. 551 Municipal Code of the 01 ty of , Chapter Bla1r 7 . of the Nebraska. And the matter now coming before the Mayor and Oounoil was the passage and approval of Ordinance No. 551 . Chapter 7 , of the Munic ipal Code of the C1 ty , . of Bla1r . Nebraska. This ordinance was introduced by Councilman Martin Kuhr . and is in words and figures as follows. to-wit: CHAPTER 7 ELECTRIC SERVICE I~~' I An ordinance establishing and providing rules governing B.nd control- ling the plant and distribution system of electricity for light, heat and power purposes within or withbut the corporate limits of the City of Blair, Nebraska; making this ord inance and. sub- sequent amendments thereto a part of the contract of all cus- tomers of current Supplied by said system; requiring customers to make application for electric service on blanks furnished by said city for that purpose; requiring service deposits from all applicants for service; providing a schedule of rates to be charged for electricservioe; providing when payment thereof.ahal be due, the minimum rat 1313 to be charged and the manner in which bills shall be renclered; prescribing rules for the connection or disconnection of supply wires and service if customer is delin- quent; granting the light commissioner or other authorized agent of this city at reasöhable hours access to premises where electri current is used; presCribing rules, regulations, and restrictions relative to wiring and connections; prohibiting the transfer or assignment of electric service contracts; fixing the method of computing charges for service when meters are out of repa.ir; ex- empting said city fromnability as guarantor of the delivery of electric current over its lines or for defective interior house wiring; requiring tha.t all current furnished customers shall be measured by a meter furnished, set, tested, replaced when worn out and kept in repa.ir by the city without cost to customer; pro- viding for the refund of service deposits when service is no longer desired; creating the office of light commissioner and providing for his bond, tenure of office, duties, sâ.lary and re- moval;prescribing the duties of light department cashier and bookkeeper in connection with said plant and system; to prescribe that said cashier and bookkeeper shall perform his duties under the direction of ancl be solely responsible to the light commis- sioner; prohibiting the injuring of property of said plant and distribution system, fixtures and equipment; prescribing rules and regulations relative to the trimming of trees and overhanging branches near the lines of said distribution system; reserving in said city the power to amend or change this ordinance; creat- the Light Fund and providing for the allocation of moneys credite thereto; creating the office of electrical inspector, fixing his inspection fees and providing for the disposition thereof; estab- lishing rules and regulations concerning the installation, oper- ation and maintenance of electric wiring; regulating electricians And nT'AR........¡ "h'¡,....,. ~,,~ -------'- ~~ ,,~. - - (U ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. - - ...-. ------_.. ------.... - ._---__~_O'M_~O. '_~~-.A ~U" "T.O._~~.. .~'DC!,E.. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: 18-104, 18-105, C. S. N., 1929. Section 1. ORDINMjCE PART OF CUSTOMER'S CONTRACT.- The City of Blair, Washington County, Nebraska, shall furnish electric current for light, heating, cooking and power purposes to persons whose premises abut on any supply wire of the distribution system of this city. The rules and regulations and rates for electric service, hereinafter named, shall be considered a part of the oon- tract with every person, company or corporation who is supplied with electric service through the electric distribution system of this city and every such person, company or corporation by taking electric service therefrom shall be considered and held to consent to be bound thereby, and whenever any of such rules and regulation are violated, or such others as said city or its light commissione may hereafter adopt, the electric current shall be cut off from the building or place of such violation, even though two or more parties may receive current through the same line, and shall not be turned on again except by order of the light commissioner, and on payment (>f the fee for shutting off and turning on, and upon such other terms as said light rommissioner shall determine, and upon a satisfactory understanding with the party that no further cause for coroplaint shall arise and in case of violation the light commissioner shall have the right to declare any payment made for electric current by the person coromitting such violation forfeited and the smneshall thereupon be forfeited. Sec. 2. APPLICATION F'OR ELECTRIC SERVICE REQUIHED: CONTENTS; NO RESALE OF ELECTRIOAL ENERGY FURNISHED: CmmECTIONS, SUPPLY WIRE AND METERS FURNISHED BY CITY; SERVICE DEPOSIT REQUIRED OF CUSTOMER SAME, REFUIID; METER TA1WERING, STEALING CURRENT. -(a) Every person desiring a supply of electric current must roake application there~ for to the light commissioner upon blanks to be furnished for that purpose by said city, which application shall be made to the cashier and bookkeeper of the water and light departments at the water and light office in the city hall, or at such other place as the mayor and council shall from time to time designate by resolution. The application must state truly and fully all the uses to which said electric current is to be applied and no additional use will be allowed except by permission of said com- missioner: Provided, no customer shall be permitted or allowed to re-sell any electrical energy furnished him by the City of Blair. Wh~n such application shall be made for electric service to said cashier, the City of Blair will run, or cause to be run, supply wire or wires to building or buildings of customer, if the Same are located on premises abutting the distribution system of this oi ty. Applioants for electric service' to be used for domestic purposes shall be required to accompany their application with a service deposit of not less than Five Dollars ($5.00) to insure the payment of light bills and other charges: Providéd, if electric service is to be used for commercial purposes or if electric serV'ice is to be used for power purposes ande_xtel'nal tl'ansforrner must necessarily be installed to furnish said electric current for power purposes, then, in the cases of such commercial users or power users, the service deposit shall be such amount as t~e l!~~t coffi!211ssione:;'"in each instance shall determine. not lABS -1 ....., ORDINANCE RECORD 7.1 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. supply wires shall be considered the property of the City of Blair, Nebra.ska. Not mor e than one house or building shall be supplied from one connection. (b) It shall be unlawful for any person to employ any scheme, device or contrivance for the purpose of evadin the proper service and registration of any meter or to employ any Boheme or device whereby he may obtain current which does not pass through the meter furniêhed him by the light rommissioner. Find- ing lighting apparatus attached to a power meter or any device in or near any meter which qauses the same to register incorrectly shall be prima facie evidence of the intent of the occupier of sai premises, or of said customer, to convert electric current to his own use, which is hereby declared JllÙawful and the person oonvicte of violation of the same shall be punished as hereinafter provided; and, if it shall appear to the light commissioner that any light or power meter shall have been tapped or tampered with, he is hereby empowered to install or cause to be installed, at customer' expense, a meter installed in iron conduit mechanically sealed in closed meter box accessible only to light Q) mmissioner or his agents. The light commissioner is also empowered at any time at the expense of city to move any light or power meter to the out sid of any building, if, in his opinion, it will prove beneficial or advantageous for the .oity to do so. Sec. 3. METERS, WHEN READ; STATEMENTS, HOW RENDERED; BILLS, WHEN DUE, WHEN DELINQ,UENT;SERVICE WHEN ,SWT OF.F; RESUMPTION FEE..- Between the twentieth day of the month during whißh current is used and the firs.t day of the Buceeedingmonth the light commissio - er shall examine ánd read or have examined and read, under his supervision, 8.11 meters of customers of electric service from the electric plant or the electric distribution system of the City of Blair. The light commissioner shall deliver or OaUse to be delivered to the cashier all light meter readings, as and when made for billing unle.ss the mayor and council shall order and direct the light rommissioner t.o make out the statements for each individual customer in which caSe aàid bills shall be delivered to said cashier for collection only. The cashier may mail statements to customers on or about the first day of each and every month, if ordered by resolution of the mayor and council, otherwise customer shall pay his monthly light bill at the cashier's office as re-. quired by the provisions of this chapter without further notice. All customers shall pay in net cash to the cashier at the office of the light commissioner in the city hall, the amount due said city for electric service. I£ the customer shall neglect or refua to pay his bill on or before the eleventh day of the month succeed ing that in which service is used, the same shall be considered delinquent, and the city through its light commissioner, may dis- continue and disconnect service until all amounts in arrears are paid in full together with a fee of One Dollar ($1.00) for resumption of service. Seo.4. ELECTRIC SERVICE RATES; CLASSIFICATION OF SERVICE; CURRENT SOLD BY METER MEASURE1ÆNT ONLY; MINIMUM CHARGES. - As a tariff of rates bas.ed on monthly consumption by each customer of current, measured, by an appropriate meter as by thisohapter re- quired, from the el.sctrie light plant and distribution system of the City of Blair, Nebraska, the following schedule is established: CUSTOMERS WITHIN CITY LIMITS 72 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO. 10< OU" PRTO. CO.. ORD. N . Light and Power Rates First Next Next Next All over 15 K.W. Hr. 15 K.W. Hr. 70 K.W. Hr. 200 K.W, Hr. .300K.W. Hr. at 80 per K.W. Hr. at 70 per I.W. Hr. at 50 per K.W. Hr. at 40 per K.W. Hr. at 30 per [.W. Hr~ Each customer shall pay a minimum charge of $1.00 per month and a discount of 2010 to be allowed on each bill for payment on or before the fifth day of the calendar month following. CUSTOMERS WITHOUT CITY LIMITS (b) The following rates shall be charged each customer outside th~ corporate limits whose service connection was made before June 21, 1932, for monthly consumption of electric current: Light and Power Rates First 50 [.W. Hr. at 90 per I.W. Hr. Next 25 [.W. Hr. at 80 per [.W, Hr. Next 25 K.W. Hr, at 70 per K.W. Hr. Allover 100K.W. Hr. at 40 per [.W. Hr. Eaoh customer shall paY"a minimum charge of $1.50 per month, plus twentY-five cents per pole per month for each pole more than one used in the connection from the city limits or trunk line owned by the city and,.. in the event that more than five poles are used, a minimum charge of $2.50 shall be made if a one and one-half KVA, or less, transformer is used; and in all oases outside customers shall make a meter deposit of $8.75: Provided, that ail customers whose servioe'oonneotion was made outside the corporate limits and after June 21,1932, shall be charged such rates as their contracts with the 01 ty shall provide andþ.ll future ous- tomers shall be charged such rates as their contracts with the c1 ty shall provide; and provided further, that all oust omers out- side the corporate limits, excepting customers having special contracts, shall be allowed a discount of 20% on each monthly bill for current used, if such bill be paid on or before the ~ifth day of the following calendar month. ---\ COMBINATION COOKING AND LIGHT RATE (0) All customers within the city shall be charged the follow- ing rates for non-commercial use of electric ourrent, per month, if such customers shall be regularly using a standard and proper- ly approved make of electric cooking stove, having not less than one oven and three hot plates: . First 50 K.W. Hr. at 60 per r.w. Hr. Next 50 K.W. Hr. at 30 per [.W. Hr. Next 100 ¡{.W. Hr. at 2-1/20 per K.W. Hr. Allover 200 [.W. Hr. at 20 perK.W. Hr. Such customers shall be charged a minimum of $2.00 per month and shall be allowed a discount of 5% on each monthly bill for ourrent uped, if such bill be paid onar baierA thA ~i~~h ~~v ~~ +~ð mmì ORDINANCE RECORD 73 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. Such customers shall be charged a minimum of $2.00 per month for such u(3e of current and shall be allowed a discount of 5% on each monthly bill for current used, if suoh bill be paid on or before the fifth day of the following calendar month. HEATING RATE (e) All customers within the city shall be charged the follow- ing rates for electric curr~nt used for heating purposes, only, per month: 3';';1/20 per K.W, Hr.; and shall be charged a minimum of $2.00 per month for such use of current and shall be allowed a discount of 5% on each mo~thly bill for current so used, ~f such bill be paid on or before the fifth day of the following oalendar month. POWER MINIMUM (f) All USers of electric current for power purposes shall pay a minimum of 50c per month for each horse power of motor rating and shall be allowed a discount of 20~ on each monthly bill of current So used, if such bill is paid on or before the fifth day of the following calendar month. MUNIOIPAL USES (g) Service to the City of BI!Ür, Nebraska, shall be measured and bills shall be rendered to the variot1s departments of said cit and shall be collected and paid for in accordance with the above rates. SERVICE BEYOND CORPORATE LIMITS (ll) The Oi ty of Blair, Nebraska, byreeolution .of Hs mayor and council shall have the power and authority to contr~ot with any person, persons, association or corporation, including other muniCipalities, to sell electric current.for light, heat and power purposes beyond its corporate limits when, in the judgment of the mayor and cot1ncil, it is beneficial to the ci ty to do so. The cost or, expense of extending the oity' s lines beyond its borders, to serve farmers and others shall be páicl out of net earnings of the plant or system. For furnishing electric service 'beyond~its corporate limite, subj act to the above condi tlons, said city may establish rates with such person, persons, association or corpora- tion, including municipalities, without regard to the rates specified in the foregoing schedule: Provided, however, that the contract rate made shall be uniform 80 far aep. t affects the users of equal amounts of current under such contracts under similar condi tions. DISCRIMnUTION (1) No electric current shall be furnished to any customer under any other rate than as provided in this section, and there shall be no discrimination in rates as between customers using equal amounts of current for the Same purpose t1nder the Same conditions. ,.,T ^ IT' '0. 11""'" 74 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO. 101 QUOZ "RTO. CO.. ORO. NE any customer wi thout a.ny preliminary notice, :!for any violation of said rules and requirements. Sec. 6. LIGHT COMMISSIONER, ACCESS TO PREMISES.- The light commissioner of this city, or the authorized agent or agents of the mayor and council of this city shall have access at all reasonable hours to premises in which electric light, power, or current is being used to determine if it is being canied 1 distri buted and used in the proper manner, Sec. 7. SERVICE CONTRACTS NOT TRANSFERABLE.- Contracts for electric service are not transferable. Any person wishing to change from one location to another shall make a new application and sign a new contract. If any customer shall sell, di spose of or remove from the premises where service is furnished, he shall at once so inform the light commissioner, who shall cause the electric current to be shut off from said premise. If such cust omer shall fail to give such notice he shall be charged: for all electric current used on said premises until the light co~ missioner is otherwise advised of such change. Sec. 8. OHARGE FOR SERVIOE WHEN MÈTER OUT OF REPÁIR,LHOW COMPUTED. - Should a customer's meter get out of repair or f ail to register properly the customer will be charged for electric curren during the time when such meter is out of order or repair on the basis of monthly consumption during the same month of the pre- ceding year: Provided, however, if no such basis for oompari~on exists or if circumstances have been materially altered then such customer shall pay such amount as reasonably fixed by the light commissioner. Seo.9. CITY NOT A GUARANTOR OF DELIVERY OF ELECTRIC CURRENT OVER ITS LINE.- The city does not guarant~e the delivery of electric current over the lines of its said distribution system at any time, to any person, except when its power and connections are in good working order, and it has sufficient power, current, equipment and machinery so :to do. The city expressly reserves the right to disconnect or diso9ntinue such service for any of the following reasons: For repairs necessary to be made on any part of its plant, power house, equipment system or distribution system; for non-paym~nt of bills when due; for fraudulent repre- sentations in regard to the consumption of current for light, cooking, heat and power; or the protection of persons or property; .for violation of any of the rules or requirements of this chapter, or the subsequent a.meudmente thereto. This city shall use due and reasonable diligence to provide and supply uninterrupted service to customers, but shall not be liable for damages resulting from interruption of service due to causes over which said. city has no control, and said city expressly reserves the right to dis- continue or disconnect customer's service without any preliminary notice. I I i -, Sec. 10. CURRENT, HOW MEASURED; METERS, REPAIR OF, WHEN AND HOW TESTED: REPLAOEMENT OF METERS; METERS, PROPERTY OF aITY.-All electric current furnished customers by the electric distribution system of said city shall be measured by meter, the property of, furnished and set by the city. No person except an authorized. 0"'0,.,+ ".¡> +,,~ ~.....- -,- ,.. -- .. ORDINANCE 'RECORD 75 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. said meter as requested and any other meter which needs to be tested. All meters now in use or hereafter installed in oonneotio with the electric light plant and system of the City of Blair, shall be and remain the propèrty of said city. When meter is entirely worn out or for other reasons ~eplacement is deemed necessary, anew meter wil). qe furnished and set bý the city for such customer at the expense of the city: Provided, however, in cases where meter repairôr meter replacements are made necessary on account of the wilful neglect, recklessness or tamp¡ ring on the part of customer then said city shall require customer to pay for installing new meter or making the repairs and collect same as for light service furnished. 18-105, O. S. N., 1929. Sec. 11. LIGHT COMMISSIONER, OFFICE OREATED;BOND;. TENURE OF OFFICE; DUTIES; SALARY; REMOVAL; LIGHT DEPARTMENT CASHIER AND BOO~KEEPER.- There is hereby created, as provided by law, the office of light commissioner. He shall be liable on his official bond as fixed in Chapter 20 of this code, :f'or the faithful per- formance of his duties as light commissioner. The water commissio - er shall be ex officio light commissioner. He shall.have charge of the utility herein provided for under the general direction of the mayor and council. Said light rommissioner shall serve during the pleasure of the mayor and council of the City of Blair, Nebraska. He shall cause to be read all meters as provided in Section 3 of this chapter. The light commissioner sha.ll have authority to purchase materials and. otherwise make any e::rpenditure and create such obligations as are necessary and incidental to the efficient operation of said lighting system subject to the approval of the mayor and council, except as to such repairs as are necessary in cases of emergency, when such approval shall not be required. The accpunt of each patron of the lighting system shall be separately kept by the cashier under the general supervision of the light commissioner, and all moneys paid on account in connection with the operation of the light system shall be receipted for by the employee Or officer receiving such pay- ment and a duplicate of such receipts shall be kept on file in the office of the light commissioner. Upon request therefor the light commissioner shall deliver to the mayor and council the books of his of'fice containing original entries and. all other books for the inspection of such body. He shall, at the request . of the mayor and council, at the last regular meeting of the mayor and council in April of each year, submit an estimate of the whole c~st of providing for and maintaining the light depart- ment for the next municipal year. He shall perform such other duties as the mayor anö council of this city may from time to time by resolution prescribe. He shall receive such salary, Payable in equal monthly installments out of the Light Fund as may be fixed. by resoluti on of said council, and he may be remove'(i at any time by a two...;thirds vote of the members-elect of sa,iò. council. He shall be held responsible for the prudent management of the light plant and shall be accountable to the mayor and. council at all times. He shall have the management of engineers, assi stante and of all employees connect ad with the. light plant, system, office or department, who shall obey his orders and may be discharged by him for ineffici enoy or for the good of the service. He shall recommAncl thA ~nT'ln;l"It.mo,.,+ +~~~+1,~- ...4""'" ........- '75 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO. 101 OUIZ PRT". CO.. ONO, HEB. ment shall be governed by Chapter 20 of this code but who shall perform his duties under the direction of and be responsible solely to the light rommissioner. Sea. 12. TRIMMING TREES NEARLINÉS OF DISTRIBUTION SYSTEM; NOTICE REQUIRED.- Any person desiring to cut or remove trees or branches thereof, or to fell same, in cloBe proximity to tIlE' linea of the electric distrib\1tion system of said city, and wh~ch said work might cause injury or damage to the lines thereof, shall bef()re óoing the said work, give xeal3o11able writt€m notice to said city, and shall Secure a permit in writ- ing from the light commissioner so to do and shall seek the assistance of såid city to do said work so that electric service shall not be interrupted or damage done to the lines or property of said city. Any person felling or removing such trees, or branches of trees, resulting in the interruption of electric service or damage to the lines or property of said city, with- out having given notice to said city, as aforesaid, and without having received said permit in writing from said light oommis- sioner so to do, as aforesaid, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as hereinafter provided. Sec. 13. OVERHANGING BRANCHES, CITY HAS RIGHT TO REMOVE.- Whenever it becomes necessary to protect the lines or property of the electric distribution system of this city, the light commissioner shall have the right to remove and cut away in a careful a~d~rudent manner overhanging branches or limbs of trees, sO t~at its lines shall be free and open. Such right, privilege and authority may also be exercised by said city whenever its mayor /and council at any regular, stated or special meeting pasa a res6lution stating its intention to so cut or remove such obstructions to the lines and service. of its electric distribution system. Sec. 14. MUIUCIPAL LIGHT FUND; PURPOSES; ALLOCATION OF.- The funds received by the city treasurer from the cashier or light commissioner, arising out of income from the electric distribution system shall be kept by said treasurer in a separate fund known as the Light Fund, which shall be allocated for accounting and other purposes as the mayor and council shal , by resolution, from time to time direct. Sec. 15. PROPERTY OF ELECTRIC DISTRIBUTION SYSTEM NOT TO BE DESTROYED.- No person shall wilfully or carelessly break, injure or deface, interfere with or disturb, any building, machinery, apparatus, insulator, transformer, fixture, attach- ment, appurtenance, electrolier, white-way pole, suspension lights or light globes in the street lighting system of the electric light plant or of the distribution system of this city, and if any person shall <b any of the acts herein prohlbi ted, he shall be deemed guilty of a misdemeanor, and, upon. convictio thereof, shall be punished as hereinafter provided. Sec~ 16. APPARATUS, WHERE AND HOW INSTALLED.- All poles, overhead wires, transformers and. other aerial construction, equipment or apparatus shall hereafter be erected in a sub- stantial manner :<!nd s11::111 hI'! nl..l".l'!cì 1n t."A ..11.."", "f' ".:dr1 ",11+,... --l ORDINANCE RECORD 77 Compiled by George R. Mann, Lawyer. Lincoln. Nebraska. : I electrical inspector in and for the City of Blair, Nebraska, is hereby created, and the mayor, by and with the consent of the counoil, atthe commencement of each muniCipal year, shall appoint snme competent person residing wi thin the cl ty to be known as Electrical Inspector. The term of office of electrical inspecto~ shall be for one year. The person chosen to fill the office of electrical inspector shall be a competent electrician of good mora,l character, and sha.ll be well versed in approved methods of electrical construction for safety to life and propert : Provided, the light commissioner shall be ex officio electrical inspector unless the mayor and council shall otherwise designate by resolution. Sec. 18. SAME, BOND, AMOUNT; REMOVAL.- The electrical inspect~. or, unless the light commissioner shall serve in that capacity, shall file with the council a bond with two or more sureties or a bond of a surety company in like amount, to be approved by the oityoounCil, in the sum of One Thousand Dollars ($l,OOO.OO), conditioned that he will indemnify and keep harmless the City of Blair from all liabilities from accident or damage arising from negligence or carelessness in performing his work or for any inadequate work done in pursuance of hie appointment and office, and that he will keep all records of his office, as provided herein, which shall be the property of the city, shall be ,filed and preserved by the electrical inspector in tbe office of the light department and shall be delivered to hissuocessor in office. He shall be removed from office for cause only after a full hearing before the mayor and council. !t shall be unlawful for the electrical inspector, unless as light commissioner he shall install electric wiring and devices as agent fo~ the City of Blair, to engage in the business of the installation and maintenance of electric wiring, electric devices ~md ÈÜeotric materials, either directly or indirectly and he shall have no financial interest in any concern engaged in such business in the City of Blair at any time while holding the office of eieotrical inspector. Any violation of the provisions of this section by said electrical inspector shall be sufficient cause for his removal from office, but he may be remoYed for other just cause. Sec. 19. SAME, DUTIES, GENERAL.- The electrical inspector in and for the City of Blair shall have general supervision over, and is hereby authorized, empowered. and directed to regulate and determine, the placing, stringing and attaching of all telegraph, telephone or electric light and power or other wires in said city, so as to prevent fires, or accident or injury to persons or property, and to cause wires and all electrical appliances to be so placed, constructed. and guarded as not to cause fires or accidents or endanger life or property, and whenever, in the judgment of the said electrical inspector any electric wires or insulation is defeotive or for any other cause, the said electri- cal inspector shall at once notify the owner thereof of such. defect, and order him to repair, re-arrange or remove the same, and Upon the owner's failure or refusal to do so within a reasonable time, he shall be deemed guilty of a violation of the provisions of this chapter, and each and. every day which shall elapse after the expiration of said reasonable time until the order of said. electrical inspector is fully complied with, shall be considered a s6Earate offense wi thin the int ent And mF!:m1 'nJJ' ~... ........ - -,- 78 ORDINANCE RECORD Compiled by George R. .Mann, Lawyer, Lincoln, Nebraska. FO"M NO. 101 our. P"TO. co.. ORD. NEB right during reasonable hours to enter any building. manhole. or subway, in the discharge of his official duties. or for the purpose of making any test of the electrical apparatus or appli- ances therein contained. and for that purpose he shall be given prompt access to all buildings. private or public. Sec. 2L PERMITS FOR WIRING, REQ,UIRED, APPLICATION, ISSUANCE. No alteration or change shall be made in the wiring or appliances in any building, nor shall any wires or appliances be installed in s,ny building for use in connection with electric lights. motors or heating devices, without first securing from the said electrical inspector or light department a permit therefor, nor shall any change be made in any wiring or appliances after inspection without notifying the said electrical inspector, and securing a permit therefor, except minor repair work, such as repairing flush and snap switches, replacing fuses, changing lamp sockets and receptacles, taping bare joints and repairing drop cords. Applications for such permit, describing such work, shall be made by the person, f1rm or corporation'inetalling same, and permit when issued shall be to such applicant. This section shall not apply to maintenance and repairs on the premises of a person, ftrm or corporation regularly employing journeymen electriciàns for that purpose. No deviation shall be made in the data,ils for wiring or appliances as shown by application without permission from the electrical inspector in writing. I I I Sec. 22. SAME, INSPECTION OF WIRES; CERTIFIOATES OF'SATIS- FACTORY INSPECTION.-Duringand upon the completion of the installation of wires or appliances in any building, it shall be the duty of the electrician to notify the said electrical inspector, who shall at once inspect the same, and if approved by him he shall issue a Certificate of Satisfactory Inspection which shall contain the date of inspection and an outline of the result of such examination, but no certificate shall be issued unless all apparatus, wires, and other equipment connected there- with are in strict conformity with the rules and regulations hera in set forth,- nor shall any current be turned on until such , certificate is issued.. All wires which are hidden from view shal be inspect ad before. concealment. No workman shall lath or ceil or in any ma~ner conceal any electric wiring until he knows positively that it has been passed upon. The electrical inspecto must, in all cases. inspect all electric wiring within the corporate limits of said city within twenty-four hours of the receipt of notice from the electrical contractors that the work has been completed (holidays and Sundays not inoluded). AU concealed steam fittings, furnace work and telephone wiring must be in place before the electrical wiring is canpleted, and no wiring will be considered a8 completed until the above work referred to is in place. If the electrical inspector finds that electric installations are fully in compliance with this chapter and do not constitute a hazard to life and property, he shall issue to the person, ft,rm orcorporati on installing Same for delivery to the owner, said certificate of satisfactory inspection, which shall authorize connection to the electrical service and the turning on of the current. Sec. 23. ELECTRICIANS, BOND, LIOENSE, OCCUPATION TAX.- All c~mp~n~es,. :firms, corporations or individuals (excADt t'hA ('.ibr ~ì -I ORDINANCE RECORD 79 Compiled by George R. Mann, Lawyer. Lincoln, Nebraska. tion system, central stations, power houses and sUbstations}, for the purpose of transmitting electrical current for electric lights, heat or power, or installing lighting fixtures or electrical appð.ratus of any nature, kind or description, shall first procure from the counoil upon recommendation from the light committee and the electri oa.l inspector, a. gre...nt for a masterelectrioian IS license from date until the following first day of May and for each municipal year thereafter; Provided, that, before such licena shall.be granted, said company, firm, corporation or,individual obtaining suoh license shall file with the mayor and council a bond of a surety company to be approved by the oounoil in the sum of One Thousand Dollars ($I,OOO.OO), conditioned that said license will indemnify and keep harmless the Oi ty of Blair from accidents or damage arising from negligence or unskillfulness in doing or . protecting his work, or from any unfinished and inadequate work done in pursuance of his license, that he will secure a permit and call for inspection of each job he undertakes to perform, and that he will restore the streets, sidewalks and pavements over all work that he might lay and fill all excavations made by him so as to leave all streets, Sidewalks and pavements in as good condition as he found them, and maintain the Same to the satisfaction of the electrical inspector for the period of six months next thereafter, and that he will pay all fines that may be imposed upon him for the violation of any rules or regulations adopted by said. mayor and councilor the electrical inspector and in force during his license. The obligee of said bond. shall be the City of Blair, Nebraska, and action may be maintained thereon by anyone injured by the breach of any of these conditions. All ~leotricians lioehsed hereunder shall promptly pay the occupation tax, if any, levied under Chapter 19 of this municipal code or any other valid and subsisting ordinance of this city. No person or persons shall do any wiring or erect or construct any installation for any electrical appliances or apparatus for heat or light or power, unless he or they are licensed electrical contractors as provided by this oha.pter, or are employed by such licensed electrical con- tractor. All applications for license shall be made to the city clérk, or to the cashier in the light office, and before such liòense shall be ,issued, the application therefore shall be approved by thee:Leotrioal inspector who shall approve said . application, if, after examining the qualifications of the applioaht, it appears said applicBLt has sufficient knowledge and experience, practical and elementary in character, to make him competent to engage in the business of installing electric wiring and. electric material. Such l1Q~naes shall not be transferable and shall cover only work installe~ by the holder thereof. Sec. 24. SHEET METAL, IN8ULATIÐN MATERIALS; CONSTffiJCTION, IN; PERMIT FOR, WHEN REQUIRED. -Any person, ~rm or company and any electrical contractor desiring to 1Üace any sheet meta.l, insulation, or other material, in constructing, repa.iring or improving any building or structure, within six inches of any electrical wire or wires installed for use in connection with electric light, heat or power shalt, before proceeding with the execution of the work, obtain frow;the electrical inspector a permit therefor, and, on completion of said work, said person, firm or company shall notify said èlectrical inspector who shall inspect the SElme and cause all wirl'ls to be placed in a safe and secure condition: Provided, howev~r, that nothing in this section s:!n"," no ~~"'~-~-_.L_".L - . . 8D ORDINANCE RECORD CQrnpiled by George R. Mann. Lawyer. Lincoln, Nebraska. FORM NO. 101 QUOZ P"TO. CO.. 0"0 NEB, credi tad to its Light Fund. If a person other than the light commissioner be designated to make the inspections by this chapter required, such person shall charge and collect such fees as here- after provided by ordins,nce of the mayor and council; and. in said ordinance the mayor and. council shall provide for the disposition of all fees of such electrical inspector. The electrical inspector shall file on the last day of each month a report in writing with the city clerk for the information of the mayor and council, in which report he shall set forth in detail the record of all inspections made by him.. l Sec. 26. REOORDS OF ELECT1UCAI, INSPECTOR.- The electrical inspector shall keep a full and (¡omplete record of all work done, permits issued, examinations made or other official work performed, as required by this chapter, aIJ,d shall annually make a full and detailed report thereof to the council at the first r~gular meeting in April. Said records shall be the property of the clty, shall be so arranged as to afford prompt information concerning the condition and general arrangement of any electrical equipment at the time o~ the inspector's last visit, and shall be filed in an orderly manner in the office of the light department cashier. Sec. :37. REINSPEOTION.--The electrical inspector shall, upon order of the mayor and council, make a thorough reinspection of the installations in buildings of all electric wiring, electric devices and electric material now installed or that may be here- after installed within the oorpørate limits of this city, and when the installation of any such wiring, devices or material is found tobe in dangerous or unsafe condition, the person, firm or cor- poration owning, using or operating the same shall be notified in writing and shall make the necessary repairs or changes required. to place such wiring devices and material in 'a safe concH tion, and have such work completed within fifteen days, or any longer period specified by the electrical inspector in said notice. The electrical inspector is hereby empowered to disconnect or orde:r the discontinuance of electrical service to such wiring, devices or materi,als so found to be defectively installed until the installa.""" tion of such wiring, de'V'ices and materials has been made safe as directed by the electrical inspector. --l I Sec. 28. SAME, REVIEW.- When the electrical inspector condemns all or part of any electrical installation, the owner may, within five days after receiving written notice from the electrical inspector, file /3. petitton in writing for review of said action of the electrical inspector with the mayor and council, upon receipt of which the said mayor and council shall at once proceed to determine whether said electrical installation complies with this chapter, and. within three days shall make a written decision in accordance with its findings, and shall file a copy of said decision signed by at least a majority of the members of said council with the city clerk. Sec. 29. CONSTRUCTION REQUIREAœNTS; STANDARD OF EFFICIENCY.- No certificates of satisfactory inspection shall be issued by the electrical inspector with respect to any interior building or house wiring, as well as all connections thereto inside or outside, unless the electric light, power and heating installations are in strict cnnf()1'mit" w;+"h +'ho """"""'{"{~~M ~.~ ""h'~ _k__.L_- ...,-- ~, --1 ORDINANCE RECORD 81 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. amendments thereto, the rules and regulations and requirements of the National Board of Fire Underwriters for Electrical Wiring and Apparatus a.s recommended by the National Fire Proteotion Association, as now or hereafter set forth in the National Electrical Code, and the rules and regulations of the Nebraska Inspection Bureau, shall be prima facie evidence of such most approved methods. Three copies of the several rules and regulatio s referred to above are on file in the offioe of theci ty clerk and such rules and regulations, together with such subsequent amend- ments thereto, are hereby approved and adopted by the mayor and oounc~l of the City of Blair as the standard of efficiency of the most approved methods of electrical construction, and are hereby incprporated and made a part of this chapt er the Same a.s though spread at large herein. Sec. 30. MISCELLANEOUS REGULATIONS.- Bathroom fixtures must be grounded when within reach of the floor. In the Fire Limits all new or replaced electric wiring must hereafter be in conduit, BX or Metal Mold. In the corporate limits the service entrance shall be enclosed in either conduit or armored service cable. The City of Blair shall USe service clamps or solder and tape and at all times keep clamped or soldered and taped all splices in all service and supply wires installed'in connection with its service. All buildings and structures which contain any insulation material as a part of their construction shall be reported to the electrica inspector by the owner or occupier thereof within fifteen days after this chapter goes into force and effect and shall be inspected by said inspector with respect to the fire hazard within sixty days thereafter. No equipment shall be installed hereafter in connection with any electrical construction or repair job unless the materials used in said equipment shall have the Fire Underwriter's seal thereon. . .. (""-", Seo.31. nEVOCATION OF, LICENSE.- Any master electrician's licens8 may be revoked by the mayor and council upon the recommendation of the electrical inspector if the licensee violate any ordinance or law relating to installations of electric wiring or electric material or is responsible for any electrical installa tionwhich is a hazard to life and property. When a license is revoked a new licehse shall not again be granted to the same licensee for a period of at least thirty days. Sec. 32. ELECTRICAL INSPECTION. EFFECT. LIABILITY, ON.- Nothing contained in the thirty-one preceding sections of this chapter shall be construed to relieve from or lessen the respon- sibility or liability of any party owning, operating, controlling or installing any electric wiring, electric devices or electric material or damages tò person or property caused by any defect therein nor shall the City of Blair be held as assuming any such liability by reason of the inspection authorized therein, or certificate of satisfactory inspection issued as herein provided. Seo.33. EXTENSION OF LINES AND STREET LIGHTING.- The City of Blair, Nebraska, will at all times make all necessary and required improvements and extensions to its distribution system, which shall include its street lighting units and circuits, necessary properly and adequately to comply with the needs and demands of ' its inhabitants, pursuant to resolution of its mayor and council when necessary to f'1I'rni Rn "'""'+."""".",,,........ ~~~,. ---.L- -"'- ~~þ ¿ ORDINANCE RECORD --.--...-.------.-..-.-... Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. --.., ------ . FORM NO: to, oo.z PRTO. CO.. e,:~ NE ohapter1 shall upon conviction thereof, in addition to the for- feitures1 liabilities, stipulations and reservations in this chapter contained1 be deemed guilty of a misdemeanor, and1upon conviction thereof, shall Pay a fine of not more than One Hundred Dollars ($100.00) for each offense, and, in default of payment thereof shall be adjudged to stand committed to the city jail until such fines and costs be paid1 secured or otherwise discharged according to law. Sec. 35. AMENDMENT, REV!SION.- The City of Blair, Nebraska, reserves the right at any time to alter, amend or change this chapter, or any provision thereof1 including the rates herein established for light, refrigeration, heat and power. Sec. 36. REPEAL OF PRIOR OFDINANCES IN CONFLICT.- All ordinances and parts of ordinances passed and approved prior to the pass~~e and approval of this ordinance and in conflict therewith.àreh~reby rèpèaled. Sec. 37. WHEN OPERATlVE.- This ordinance shall be in full force and take effect from and after its passn.ge, approval and publication according to law. Passed and approved August 221 1939. ¡I/~~~~ P. C. SORENSEN, Mayor. ATTEST: (SEAL) -ì ORDINANCE RECORD 83 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. -" . ------ -- -. ,,",,' ",_... ,-.. FORM NO ,u"^ C,""' F"TG. co" ~"O NEB, FIRST READING , , The Mayor then instructed the Clerk to read by title Ordinance No. 551 , Chapter 7 , of the Municipal Code of the City of Blair , Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 551 , Chapter 7 , by title upon its first reading. Whereupon CouncllmanDewey'Hólstein moved that said Ordinance No. 551 ,Chapter 7 ,be approved on its first reading and its title agreed to. Councilman John E. Hansen seconded this 'mot'ion. Whereupon Councilman Alfred Paulsen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HOLSTEIN, HANSEN, PAULSEN, McCOMB, KUHR, HUNDAHL; CHRISTENSEN Nays: None. Absent not voting: Motion: Carried. Whereupon the Ordinance No. 551 , Chapter 7 and its title agreed to. EMMETT ROUND S Mayor declared said , approved on its first reading SUSPENSION OF RULES ¡----, Whereupon it was moved by Councilman C. E. McComb and seconded byCóuncilman Martin Kuhr that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said ordinance might be introduced, read, approved and passed at the same meeting. COuncilman K. P. Hundahl called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: McCOMB, KUHR, HUNÐAHL, CHRISTENSEN, HOLSTEIN,. HANSEN, PAULSEN ' Nays: None. Absent not voting: EM~ŒTT ROUNDS Motion: Carried. Whereupon the Mayor - declared the statutory rules in regard to the passage and approval of ordi- nances suspended so that Ordinance No. 551 , Chapter 7 , might be read by title the first and second times, and at large the third time with the "Yeas" and "Nays" each time called and recorded, approved and passed at the same meeting. SECOND READING Ordinance No. 551 ,Chapter 7 , now comes on for second reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter 7 , by title Upon its second reading. The Clerk then read said Ordinance No. 551 - , Chapter 7 by title upon its second reading. WhereuponCounci1man C.M.Christensen moved that said Ordinance No. 551 ,Chapter 7 , be approved upon its second reading and its title agreed to. Councilman Dewey Holstein seconded this motion. I" Whereupon Councilman John E. Hansen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the ¥ollnw4nN m~~ .~~ -_¿- 31 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. . .._=,.==.===,=._-"==c._=. -=~-_.c,===."--,_._~=-,._~~~~. NO ,,~.,. 000% P"TO: CO",.""" NEB THIRD READING Said Ordinance No. 551 ,Chapter 7 , now comes on for third reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chl;ìpter 7 , at large upon its third reading. The Clerk read said Ordinance No.551 " Chapter 7 ,at large upon its third reading. WhereuponCouncil~an Alfred Paulsen moved that said Ordinance No. 551 ,Chapter 7 ,be approved on its third reading and its title agreed to. Councilman n~ E. McComb seconded this motion. Whereupon Councilman Martin Kuhr called for the questi~p. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: PAULSEN. McCOMB. KUHR, HUNDAHL, CHRISTENSEN, HOLSTEIN, HANSEN Nays: None. Absent not voting: Motion: Carried. Whereupon the Ordinance No. 551 ,Chapter 7 reading and its title agreed to. EMMETT ROUNDS Mayor declared said , approved on its third FINAL PASSAGE The Mayor declared said Ordinance No. 551 ,Chapter 7 of the Munic ipal Code of the Oi ty of Blair Nebraska, having been read by titlB the first and second times and at large the third time, the rules having been suspended and the "Yeas" and "Nays" having been called .and recorded four times, and each time duly approved and its title agreed to, the question is "Shall said Ordinance No. 551 ,Chapter 7 ,of the Municipal Code of the City of Blair , Nebraska, finally pass?" Councilman K. P. Hundah1 called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HUNDAHL, CHRISTENSEN, HOLSTEIN, HANSEN, PAULSEN. McCOMB, KUHR Nays: None. Absent not voting: E}OŒTT ROUNDS Motion: Carried. All members having voted on the affirmative for the final passage of said Ordinance No. 551 ,Chapter 7 the Mayor declared said Ordinance No. 551 , Chapter 7 duly passed and adopted as an ordinance of the Oity Blair , Nebraska. I I of APPROVAL Whereupon the Mayor approved said Ordinance No. 551 Chapter 7, of the Municipal Code of the 01 ty of Blair Nebraska, by subscribing his name thereto, and the Clerk attested said signature of the Mayor by subscribing his name theret.o and affixing thereon the seal of the City of Blair Nebraska. The above proceedings of the Mayor of this city with reference t) the had on the 22nd day of August . ~. and Counoil ordinance aforesaid, were , 1939. PTTRT. T rt ^ 'PTf'\M '--'; ORDINANCE RECORD as Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ,-- -- - --- -., FORM NO 124-8A QU" .no, co., ORO, NEO. AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA 1 ~SS. WASHINGTON COUNTY. J I, JOHN A. RHOADES , of lawful age; being first duly sworn on oath, say that I am the owner and publisher of The Enterprise , a printing and PUblishing com- pany in the Ci ty of Blai r , in said county and state; that the foregoing Chapter? , included in Ordinance No. 551 , of the City of Blair , Washington County, Nebraska, was by the The Enterprise , printed and published in pamphlet form in said City of Blair, in pursuance of the statutes of the State of Nebraska and the ordi- nancesof said City of Bla1r , Nebraska, in such cases made and provided, and by order and under authority of the Mayor and Council of Blair Wáshington County, Nebraska, as shown by the following reso- lution passed by its said Mayor and Cöunoil August 24 " 19 39 : "BE IT RESOLVED BY THE MAYOR OF THE CITY OF BLAIR AND COUNCIL , NEBRASKA: 1. That the C1 ty Clerk be and he is hereby instructed to cause Ordinance No. 551, a General Revision Ordinance which em- braces all ordinances of said city of a general and permanent nature divided into 2ð Chapters with the several sections there- under, to be published in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Federal Securities Building, Lincoln, Nebraska. Attest: '-=ifìffi~~~~'(Cit;;i~C':e;" , (SEAL) ---_._--_._--------_._..._---------_.-----d!¿L~_____- .- ~xß:mx]!!axJUtx~ P. C. SORENSEN, Mayor. Introduced by Councilman John E. Hansen; Adopted August 24 , 1939. Approved August 24 , 1939.": 36 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO, 'U-M OU," FRTG. CO.. ORO, NEB. CERTIFICATE OF PASSAGE STATE OF NEBRASKA CITY OF BLAIR I I SS. COUNTY OF WASHINGTON I, HENRY CHRISTENSEN City Clerk of the City of Blair Washington County, Nebraska, hereby certify that the annexed ordinance, purporting to be Chapter 7 ~I of the Municipal Code of this city and embraced in Ordinance No. 551 of said 01 ty , a General Revision Ordinance which includes all the ordinances of this city , of a general and permanent nature arranged in Chapters and Sections, was passed as such by the Mayor and Couneil of the City --l of Blair Washington County, Nebraska, pursuant to the rules and regulations prescribed by general law and by said Mayor and Council for the passage of ordinances, and was duly approved by the Mayor of said 01ty said passage and approval having been made on the 22nd day of August , 19 39, with respect to said Chapter aforesaid which as a part of Ordinance No. 551 has been published in pamphlet form by authority of the Mayor and Council of said city and has been distributed by said city under direction of its duly constitut~d authorities pursuant to resolution of the Me-yor and Council thereof. IN WITNESS WHEREOF, I have hereunto affixed my hand and seal -1 ORDINANCE RECORD 87 Compiled by George R.Mann, Lawyer, Lincoln, Nebraska. FOR" NO 12HA au" '"TG. co.. ORD, NEB ORDINANCE No. 551 Introduction of Ordinance No. 551 Municipal Code of the City of , CHAPTER g ., Chapter Blair g , of the Nebraska. 1- And the Chapter g Blair Councilman K. P. follows, to-wit: matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 551 , , of the Municipal Code of the City of , Nebraska. This ordinance was introduced by Hundah1 , and is in words and figures as CHAPTER g FIRE DEPARTMENT AND . FIRE REGULATIONS An ordinance providing rules and regulations governing the fire department of the City of Blair, Washington County, Nebraska, organized under the laws of the State of Nebraska; providing for its organization, functions, powers and duties; establish- ing a Bureau of Fire Prevention wi thin said department; r egulat- ing traffic in case of fire; prescribing penalties for the violation of this Ordinance; providing for the repeal of prior ordinances in conflict; and prescribing the time when this ordi- nance shall' be in fullforoe and take effect. '. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: (a) Organization 17-149, 17-428, Jj-lO2, C. S. N., 1929; 17-441, C. S. SuPP., 1937. Section 1. WHAT CONSTITUTE; CONœENSATION OF M~1BERS; BADGES, UNIFORMS.- All volunteer fire companies which have heretofore been, or shall hereafter be, org~nized according to law, in this city shall be and consti tu'te the fire department of the Oi tr of Blair, Nebraska. The compensation of officers and members of the fire de- partment shall be such as may from time to tIme by fixed by the mayor and council. The chief shall make suitable regulations, under which the officers and men of the department shall bel provided with appropriate uniform and badge. Sec. 2.. CHIEF.- The members of said fire department shall, at the time of each annual meeting of the department, recommend some person for the office of chief of the fire department, who, on be- ing confirmed by the mayor and council of the City of Blair, shall hold such office until his successor shall be appointed and quali- fied. Said officer shall be subject to removal by the mayor and council at any time. Seo. 3. DUTIES; POWERS; RULES AND REGULATIONS.- It shall be the duty of the chief of the fire department, the assistant chief or the foreman of any fire company lawfully acting 1n his stead, in all cases of fire, to take and have control of all membA~~ o~ +no ~1...", r'I""...~_..._-_.... ---" - -- OS n' ,~ , 0 R DIN A N C ER E COR D Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ..-."".,,..,."- ~O'. NO, )""^ au" ".,". c.O:' ORD, NEO, be approved by them. All vaoanci as that may occur in the member- ship shall be filled in the same manner. The chief of tha fire department shall, on or before the fourth Tuesday in .April of each year, furnish or cause the secretary to furnish the city clerk for the infonaatlon of the ~ayor and council, the roster of members of the fire department in good standing and from month to month thereafter, the said chief shall report any proposed addi tions or ohanges in said roster for proper aotion of said oounoil so that. all members of said fire department shall be at all times cOvered by insurance or by such other lawfulprot,ection to fire- men as may be provided by the mayor and council under "the work- men's compensation law or otherwise. ' Sec. 5. CONTROL; EXPENDITURES.- The e~olusive control of the fire department in all matters, except expenditures of moneys credited to the Fire Fund of said city arising out of taxation, shall be in the chief of the fire department. Sec. 6. APPARATUS.- The chief of the fire department shall have the custody of all apparatus and property used in fire protection either belonging to or used by said city. He shall have authority to direct how it shall be oared for and shall be responsible for i ts safe and proper keeping. (b) Fire Prevention Sec. 7. BUREAU OF FIRE PREVENTION, ESTABLISHED.- A bureau of fire prevention in the fire department of the City of Blair, Nebraska, is hereby established and shall be operated under the supervision of the chief Of the fire department. The,ohief of the fire department 1s hereby designated as ohief of the bureau of fire prevention. Sec. s. DUTIES.- It shall be the duty of the chief of the bureau of fire prevention to enforce all laws and ordinances ooveringthe fallowing: (1) The prevention of fires; (2) The storage and use of explosives and inflammables; (3) the.instal- lation and maintenance of automatic and other fire alarm;, systems, and fire extinguishing equipment; (4) the maintenance 'and regula tion of fire escapes; (5) the means and adequacy of exit in Case of fire f~om schools, hotels, lodging houses, churches, halls, theaters and all other places in which numbers of persons work, live or congregate, from time to time, for any purpose; (6) the investigation of the Cause origin and circumstances of fires; (7) all other duties now or hereafter imposed and conferred upon him from time to time by law. 18-1501, C. S. Supp., 1937. I I Seo.9. FIRE PREVENTION CODES, INCORPORATIONS BYREFERENOE.- The mayor and council hereby declare as a matter of legislative determination that there is necessity in the public interest for safety of life and property from injury'Î~ loss or destruction by fire that fire prevention codes be adopted by ordinance in and ' for the City of 'Blair, Nebraska. The conditions, provisions, limitations Or terms included in the following standard fire prevention codes containing rules and regulations, printed in book or pamphlet form .<>1"" "'"".,o'h" ~ "'~'nA~A . - ........ - . ".. -', ORDINANCE RECORD 89 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. of said parts. Three copies of the several codes, rules and regu- lations referred to above are on file in the office of the city clerk and such codes, rules and regulations, together with sub- sequent amendment.8 thereto when three copies of .each of said amend- ments are likewire filed with said city clerk, are hereby approved and adopted by the mayor and council of the City of Blair, Ne- braska, as the standard of efficiency of the most approved methods of fire prevention with respect to the subjects therein contained and are hereby incorporated and made a part of this section and chapter the same as though spre&d at large and copied at full length therein. In construing the subject matter incorporated by reference herein it is the intention of the mayor and couneil that if any part of said subject matter shall conflict so that it can not be reconciled with any other ordinance duly enacted by said city that the provisions of said ordinance which legislates directly and specifically upon the precise matter in question, shall prevail¡, The mayor and council hereby direct that the bureau of fire preven- tion shall proceed to administer and enforce the provisions of said subject matter incorporated by reference, that complaints shall be made, warrants issued and trials had in the polioe Court of said city for the violations of said provisions, if any, without further or additional publication, posting or promulgation thereof. (c) Inspeotion and RecOrds í~ 81-5506, o. S. N., 1929. Sec. 10. INSPEOTION OF PREMISES.- It shall be the duty of the ohief of the fire department, when directed to do so by the mayor and council, to inspect or cause to be inspected by fire depart- ment officers, members or some officer of the city chosen by the mayor and council, as often as may be necessary, but not less than twice a year in outlying districts and four times a year in the closely built portions of the city, all buildings, premises and public thoroughfares, except the interiors of private dwellings, for the purpose of ascertaining and causing to be corrected any conditions likely to cause fire or any violations of the provisions or intent of any ordinance of the city affecting the fire hazard. The chief of the fire department shall report in detail to the state fire marshal, the names of owners or occupiers of buildings or premises who shall fail or neglect to correot within five days any condition found by him upon inspection iliikely to cause fire. 35-102, C. S. N., 1929. Sec. 11. DEPARTMENT RECORDS; INVENTORIES; REPORTS; EXEMPTIONS; SERVIOE RECORDS.- The chief of the fire department shall report to the council at 1ts first meeting in May of each year, the operation of the fire department for the preceding year and shall include therewith an inventory of th~roperty of the department. He shall file with the city clerk, the county clerk and the clerk of the, district court of Washington County, Nebraska, on the first Monday of April and October of each year, a certified copy of the rolls of all members in good standing in their respective companies in order to obtain the exemptions provided by law. The service records of all firemen shall accompany their applications for honorable dl scharge when the same are Auhm11d"",:¡ +'" +,,~ ----- - - - - 90 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. .-.....-,,----- .-- -... --- --..- -..... - - -- - - FOR. NO. 101 QuO< PNTO. 00.. ONO, NEB. the City of Blai r, . Nebraska. When the f1 re alarm shall have been sounded, every vehicle already stationary or parked at or near said fire shall remain so for a period of five minutes after the sounding of such fire alarm. The driver of any moving vehicle at or near said fire upon the sounding of any fire alarm or upon the approach of any fire engine or fire apparatus, shall immediately draw up said vehicle as near as possible to the right hand curb and shall bring said vehicle to a standstill until after such fire engines or fire apparatus, shall have passed. No vehicle, except by specific direction from the chief of the fire department, or hi s assistant ~ shall follow, approach Or park closer, than three hu~ed feet td a fire or to fire apparatus. The provisions of this section shall be construed to apply neither to vehicles carry- ing doctors or members of the fire department, nor to drlversof ambulances when emergency calls require the abrogation of the fire traffic rules mentioned herein. Pedestrians shall not remain within the limits of any street at or near said fire after a fire alarm shall have been sounded until the fire engines or fire apparatus shall have completely passed. '--1 Sec. 13. EQUIPMENT NOT TO BE DISTURBED.- No person other than the chief or members of the fire department shall, at any time, molest, handle or interfere with any of the fire apparatus belong- ing to the city of BlaIr. Sec. 14-. FIRE DRILL; RIGHT-OF-WAY; HOSE, TO BE PRESSURE TESTED; FIRES OUTSIDE CORPORATE LIMITS.- All fire companies of the City of Blair, Nebraska, shall hold a fire drill at least twelve times per year at such times as said companies shall by their own rules fix. The fire department shall have the right-of-way upon any street, alley or highway when going to or returning from fires or drill had under the direction or by order of the chief. When fires occur the chief of the flre department, chief of police or any officer specially deputized, shall have the power to close any street or highway or public place adjacent to such fire. All fire hose shall be pressure tested at least four times during each municipal year. By resolution of the council at its first regular meeting in May of each year, it shall be determined what fire equip- ment or what personnel of the fire department of said city may be taken beyond its corporate limits to èxtlnguish fires. -I (e) Violation, Penalty; Repeals, When Operative Sec. 15. VIOLATION,PENALTY.- Any person.who shall violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less~han Five Dollars ($5.00), nor more than One Hundred Dollars ($100.00), and, in default òf payment thereof, shall be adjudged to stand committed to the city Jail until such fine and ooata of prosecution ,be paid, secured or otherwise discharged according to law. -, Sec. 16. REPEAL OF PRIOR ORDINANCES IN CONFLICT.- All ordi- nanoes and parts of. ordinances passed and approved prior to the passage and approval.of this ordinance and in conflict therewith are hereby repealed. - I ORDINANCE RECORD 91 Compiled by George R. Mann, Lawyer. Lincoln, Nebraska. ----.. -. - ~ORM NO 12"'" 0~12 PRTO. CO.. ORD NEB. FIRST READING The Mayor then instructed the Clerk to read by title Ordinance No. 551 , Chapter 8 ,of the Municipal Code of the Oi ty of Blair , Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 551 , Chapter 8 , by title upon its first reading. Whereupon Councilman Dewey Holstein moved that said Ordinance No. 551 ,Chapter 8 , be approved on its first reading and its title agreed to. Councilman John E. Hansen seconded this motion. Whereupon Councilman ATfred Paulsen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon.' The Clerk called the roll and the following was the vote on this motion: Yeas: HOLSTEIN, HANSEN, PAULSEN, CHRISTENSEN, McCOMB, KUHR, HUNDAHL Nays: None. Absent not voting: EMMETT ROUNDS Motion: Carried. Whereupon the Mayor declared said Ordinance No. 651 , Chapter 8 , approved on its first reading and its title agreed to. SUSPENSION OF RULES Whereupon it was moved by Councilman O. E. McComb and seconded by Councilman Martin Kuhr that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said ordinance might be introduced, read, approved and passed at the same meeting. Councilman K. P. Hundahl called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: McCOMB, KUHR, HUNDAHL, CHRISTENSEN, HOLSTÈIN, HANSEN, PAULSEN Nays: None. Absent not voting: EMÞŒTT ROUNDS Motion: Carried. Whereupon the Mayor declared the statutory rules in regard to the passage and approval of ordi- nances suspended so that Ordinance No. 551, Chapter 8 , might be read by title the first and second times, and at large the third time with the "Yeas" and "Nays" each time called and recorded, approved and passed, at the same meeting. SECOND READING Ordinance No. 551 , Chapter 8 , now comes on for second reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter 8 , by title upon its second reading. The Clerk then read said Ordinance No. 551 , Chapter 8 by title upon its second reading. Whereupon Councilman Martin Kuhr moved that said Ordinance No. 551 , Chapter 8 , be approved upon its second reading and its title agreed to. Councilman K. P. Hundahl seconded this motion. Whereupon Councilman Dewey Holstein called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the followin~ WAR ~hA vn+c nM +~.- --+.--- 92 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ------- . -_..._.-._._..._.~_._... FO"M NO ",UA OU'Z ""TO. CO" ORO NEB ...-- - -. THIRD READING Said Ordinance No. 551 , Chapter 8 , now comes en for third reading. The Mayor, instructed the Clerk to read said Ordinance No. 551 . Chapter 8 , at large upon its third reading. ¡he Clerk read said Ordinance No. 551 , Chapter B , at large upon its third reading. WhereuponCouncilmah Martin Kuhr moved that said Ordinance No. 551, Chapter 8 , be approved on its third readíng and its title agreed to. Councilman Deweý Holstein seconded this motion. WhereuponOounci1man John E.Haneen called for the questiôn. The Mayor put the question and instructed the Clerk to c'all the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: KUEH, HUNDAHL, HOLSTEIN, HANSEN, CHRISTENSEN, PAULSEN, McCOMB Nays: None. Absent: E:WÆETT ROUNDS Motion: Carried. Whereupon the Mayor declared said Ordinance No. 551 , Chapter 8 , approved on its third reading and its title agreed to. FINAL PASSAGE The Mayor declared said Ordinance No. 551 , Chapter 8 of the Municipal Code of the City of Blair Nebraska, having been read by title the first and second times and at large the third time, the rules having been suspended and the "Yeas" and "Nays" having been called' and recorded four times, and each time duly approved and its title agreed to, the question is "Shall said Ordinance No. 551 , Chapter 8 , of the Municipal Code of the Oi ty of Blair , Nebraska, finally pass?" Councilman K. P. Hundahl called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HUNDAEL, KUHR, CHRISTENSEN, HANSEN, PAULSEN, HOLSTEIN, McCOMB Nays: None. Absent: EWÆETT HOUNDS Motion: Carried. All members having voted on the affirmative for the final passage of said Ordinance No. 551 , Chapter 8 the Mayor declared said Ordinance No. 551 , Chapter duly passed and adopted as an ordinence of the City Blair , Nebraska. . 8 , of APPROVAL Whereupon the Mayor app:rcved said Ordinance No. 551 Chapter 8 , of the Munic ipal Code of the Oi ty of Blair Nebraska, by subscribing his name thereto, and the Clerk attested said signature cf the Mayor by subscribing his name thereto and affixing thereon the seal of the City of Blair Nebraska. The above proceedings cf the Mayor of this city with reference to the had on the 22nd day of August and Council ordinance aforesaid, were , 1939 . PlIl<T.T"^",T"", ORDINANCE RECORD 93 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO ..,." CO" FATG. co.. ORD. NEO. AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA 1 (SS. WASHINGTON COUNTY. J I, JOHN A. RHOADES , of lawful ,age, being first duly sworn on oath, say that I am the owner and publisher of The Enterprise , a printing and publishing com- pany in the C1 ty of Blair , in said county and state; that the foregoing Chapter g ,included in Ordinance No. 551 , of the Oi ty of Blair , Washington County, Nebraska, was by ~ The Enterprise, printed and published in pamphlet form in said City of Blair, in pursuance of the statutes of the State of Nebraska and the ordi- nances of said City of Blair , Nebraska, in such cases made and provided, and by order and und~r authority of the Maybr and Counoil of Blair. Washington County, Nebraska, as shown by the following reso- lution passed by its said' Mayor and Counoil AugUst 24 , 1939: "BE IT RESOLVED BY THE MAYOR OF THE CITY OF BLAIR AND COUNCIL , NEBRASKA: 1. That the Oi ty "'. Clerk be and he is hereby instructed to cause Ordinance No. 551 , a General Revision Ordinance which em- braces all ordinances of said city of a general and permanent nature divided into 2g Chapters with the several sections there- under, to be published in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Federal Securities Building, Lincoln, Nebraska. Attest: ~~~~ ~_. i cit y¡ '01;;:. . (SEAL) _____m____.._-----_._--_.._-------------¿~~---------- ~X~UJbcJl:fX~ P. C. SORENSEN, Mayor. Introduced by Counoilman John E. Hansen; Adopted r " Approved August 24 AugUst 24 , 1939. 1 Q ~Q n. 9,1 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO. ,...., OU", 'OTO. CO.. ORD NEB. 0 - CERTIFICATE OF PASSAGE STATE OF NEBRASKA CITY OF BLAIR 1 ¡ SS. I COUNTY OF WASHINGTON I, HENRY CHRISTENSEN City Clerk of the City of Bl8.ir Wash1ngton County, Nebraska, hereby certify that the annexed ordinance, purporting to be Chapter g of the Municipal Code of this city and embraced in Ordinance No. 551 of said city , a General Revision Ordinance which includes all the ordinances of this city , of a general and permanent nature arranged in Chapters and Sections, was passed as such by the Mayor and Council , of the City of Blair Washington County, Nebraska, pursuant to the rules and regulations prescribed by general law and by said Mayor and Council for the passage of ordinances, and was duly approved by the Mayor of said city said passage and approval having been made on the 22nd day of August , 19 39, with respect to said Chapter aforesaid which as a part of Ordinance No. 551 has been published in pamphlet form by authority of the Mayor and Council of said oity and has been distributed by said city under direction at its duly constituted authoritieB pursuant to resolution of the Mayor and Council thereof. IN WITNESS WHEREOF, I have hereunto affixed my hand and seal -I ORDINANCE RECORD 95 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. """'.".'-' FORM NO aHA QUIZ PRTG. CO.. ORD NEB ORDINANCE No. 551 , CHAPTER 9 Introduction of Ordinance No. 551 , Chapter 9 Municipal Code of the City of Blair , of the Nebraska. And the matter now coming before the Mayor and Council was the passage, and approval of Ordinance No. Chapter 9 , of the Municipal Code of the 01 ty , , , . ,Bla1r '." ';Nebraska. This ordinance was introduced Oouno1lman Dewey Holstein. and is in words and figures follows, to-wit: of by as CHAPTER 9 FIRE INSURANCE COMPANIES TAX An ordinance providing for the levying and collection of an occupation tax upon fire insurance companies ctdng business within the corporate limits of the City of Blair, Nebraska; pre- scribing the time when said tax shall be due, the city officer to whom it is payable, and the purpose for which the funds arising from said tax are to be used; providing for the repeal of prior ordinances in conflict; prescribing the time when this ordinance shall be in full force and take effect; and providing a penalty for the violation of the several provisions of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: 17-436,35-401, C. S. N., 1929. Section 1. TAX IMPOSED, PURPOSE.-For the use, support and maintenance of the volunteer fire department of the City of Blair, Nebraska, regularly organized under the laws of the State of Nebraska, an occupation tax of Five nollars ($5.00) per annum shall be and is hereby levied upon each and every insurance company, corporation or association doing business in this city. Seo.2. WHEN DUE.- Such occupation tax shall be due and payable on the first day of May of each year, and upon the payment thereof by any person to the city clerk, said clerk shall give a receipt therefor, properly dated 8,nd specifying the person paying, the name of the fire insurance oòmpany, corporation or association, the amount and for what time said tax is Paid. Sec. 3. FUNDS, HOW USED.- The money paid to the ci ty clerk under the provisions of this chapter, shall be paid over to the city treasurer, shall constitute and be known as the Special Occupation Tax Fund of the Volunteer Fire Department of the City of Blair, Nebraska, and the Same shall be used exclusively for the purpose and support Qf such department. The moneys ~llected under this chapter shall be paid over to the fire department upon claim duly filed, audited and allowed against said fund. Sec. 4. FAILURE TO PAY TAX.- Should any fire insurance company, corporation or association fail to pay the tax provided for in 0__.." -- ~. . ~ .. . . , 95 ORDINANCE RECORD Compiled by 'George R. Mann, Lawyer, Lincoln, Nebraska. .-c " -,c,c"" - """ '.. .'._.,'_.,,=,~-._- -=,,=~ FORM NO. "4." QUIZ "TO. CO.. ORD NEB. Blair, State of Nebraska, and may be commenced by a warrant and ar,rest of the person or persons ,against whom the suit is brought or may be co11Jlllenoed by a common summons. Sec. 6. REPEAL OF PRIOR ORDINANCES IN CONFLICT.- All ordinance and parts of ordinances passed' and approved prior to the passage and approval of this ordinance 8,nd in conflict therewith are hereby repealed. - Sec. 7. WHEN OPERATIVE.- This ordinance shall be in full force and take effect from and after its paSsage, approval and publication according to law. Passed and approved August 22, 1939. #¿/~ P. C. SORENSEN, Mayor. ATTEST: City Clerk. (SEAL) ---¡ ORDINANCE RECORD 97 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. "-..-.., -..0 ..-----....,... FOBN NO '24-M OU'. PBTG, co.. OBD NEB, 0 '. FIRST READING The Mayor thep instructed the Clerk to read by title Ordinance No. 551 ,Chapter 9 ,of the Municipal Code of the City of Blair , Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 551 ,Chapter 9 , by title upon its first reading. Whereupon Councilman Alfred Paulsen moved that said Ordinance No. 561, Chapter 9 ,be. approved on its first reading and its title agreed to.Counoilman C. E. MoComb seconded this motion. Whereupon Councilman Martin Kuhr called for the question. 'The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: PIAULSEN"MoCOMB, KUHR, HUNDAHL, CHRISTENSEN, HANSEN, HOLSTEIN Nays: None. Absent: EMMETT ROUNDS Motion: Carried. Whereupon the Ma1Ðr declared said Ordinance No. 551 ,Chapter 9 ,approved on its first reading and its title agreed to. SUSPENSION OF RULES I'-~' Whereupon it was moved by Cotmoilman Dewey Holstein and seconded byOounollman John E. Hansen that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said ordinance might be introduced, read, approved and passed at the same meeting. Colilloilman Alfred Paulsen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HOLSTEIN, HANSEN, PAULSEN, CHRISTENSEN, KUHR,HUNDAHL, , MoCOMB Nays: None. Absent: EMMETT ROUNDS Motion: Carried. Whereupon the? Mayor declared the statutory rules in regard to the passage and approval of ordi- nances suspended so that Ordinance No. 551 ,Chapter 9 , might be read by title the first and second times, and at large the third time with the' "Yeas" and "Nays" each time called and recorded, approved' and passed at the same meeting. SECOND READING Ordinance No. 551 ,Chapter 9 , now comes on for second reading. The May or instructed the Clerk to read said Ordinance No. 551 ,Chapter 9 , by title upon its second reading. The Clerk then read said Ordinance No. 551 ,Chapter 9 by title upon its second reading. WhereuponOouncilman Martin Kuhr moved that said Ordinance No. 551 ,Chapter 9 ,be approved upon its second reading and its title agreed to. Councilman C.M,Christensen seconded this motion. Whereupon Councilman Dewey Holstein called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the fall C\winO' ""'~ +'h~ .._4-- ,.. 98 ORDINANCE RECORD Compiled by George R. Mann. Lawyer, Lincoln, Nebraska. ---------.. -- --...----------.--------- . .-----.-..------ -. FO'M"~ ,,~-.. OU" '"TO, co': _ORO "'" THIRD READING Said Ordinance No. 551 , Chapter 9 . now comes on for third reading. The Mayor instructed the Clerk to read said Ordinance No. 551 , Chapter 9 , at large upon its third reading. The Clerk read said Ordinance No. 551 , Chapter 9 , at large upon its third reading. Whereupon Councilman C. E. McComb moved that said Ordinance No. 551. Chapter 9 , be approved on its third reading and its title agreed to. Councilman Martin Kuhr seconded this motion. Whereupon Counoi1man John E. Hansencalled for the questîon. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote en this motion: Yeas: MoCOMB, KUHR, HANSEN, CHRISTENSEN, HUNDAHL, HOLSTEIN, PAULSEN Nays: None. Absent: EMMETT ROUNDS Motion: Carried. Whereupon the Mayor Ordinance No. 551 , Chapter 9 reading and its title agreed to. Il declared said , approved on its third ¡"INAL PASSAGE The Mayor declared said Ordinance No.551 , Chapter 9 of the Municipal Code of the 01 ty of Blair Nebraska, having been read by title the first and second times and at large the third time, the rules having been suspended and the "Yeas II and II Nays II having been called and recorded four times, and each time duly approved and its title agreed to, the question is "Shall said Ordinance No. 551 , Chapter 9 , of the Municipal Code of the City of Blair , Nebraska, finally pass?" Councilman K.P. Hundah1 called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: - Yeas: HUNDAHL, KUHR, CHRISTENSEN, HOLSTEIN, HANSEN, PAULSEN, McCOMB Nays: None. Absent: EMMETT ROUNDS Motion: Carried. All members having voted on the affirmative for the final passage of said Ordinance No. 551 , Chapter 9 the Mayor declared said Ordinance No. 551 , Chapter 9 duly passed and adopted as an ordinance of the Ci ty Blà.ir , Nebraska. 'I I . of APPROVAL Whereupon the Mayor app~ved said Ordinance No. 551 Chapter 9 , of the Municipal Code of the City of Blair Nebraska, by subscribing his name thereto, and the Clerk attested said signature of the Mayor by subscribing his name thereto and affixing thereon the seal of the City of Blair Nebraska. The above proceedings of the Mayor of this c1 ty with reference t;) the had on the 22nd day of August and Council ordinance aforesaid, were . 1939 . 'PTHlT,Tf't^"'TrnT ORDINANCE RECORD 99 COmpiled by George R. Mann, Lawyer, Lincoln, Nebraska. - . - --" - FORM NO ,...,. au", PRTO. CO.. 0"0, NEB. AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA 1 ~SS. WASHINGTON COUNTY. J I, JOHN A. RHOADES, of lawful age, being first duly sworn on oath, say that I am the OWher and publisher of The Enterprise, a printing and publishing com- pany in the 01 ty of Blair , in said county and state; that the foregoing Chapter 9, , included in Ordinance No. 551 ,of the 01 ty of Blair Wash1ngton County, Nebraska, was by fHi The Enterprise, printed and published in pamphlet form in said City of Blair, in pursuance of the statutes of the State of Nebraska and the ordi- nances of said City of Blair , Nebraska, in such cases made and provided, and by order and under authority of the Mayo r and Oounòl1 of Blai r Washington County, Nebraska, as shown by the following reso- lution passed by its said Mayor and Council August 24 , 1939: "BE IT RESOLVED BY THE OF THE 01 TY OF MAYOR BLAIR AND COUNCIL , NEBRASKA: 1. That the Oi ty Clerk be and he is hereby instructed to cause Ordinance No. 551, a General Revision Ordinance which em- braces all ordinances of said city of a general and permanent nature divided into 28 Chapters with the several sections there- under, to be published in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Federal Securities Building, Lincoln, Nebraska. Attest: . - -ü'iZi~~t~~¿'»P-(CiiY)êi;; k . (SEAL) --------__n__n____- ------------_---d!.L¿~~___------_.- ~XSIlUtKal:XId:~ P. O. SO:!ì.~NSEN, Mayor. Introduced by OoUhoilman John E. Hansen; Adopted Approved Augu at 24 August 24 , 1939. 19;9 - " . 100 ORDINANCE RECORD Compiled by George R. Mann, Lawyer. Lincoln, Nebraska. FORM NO, 12.... OD", FRTG. CO.. ORD, NEB. CERTIFICATE OF PASSAGE STATE OF NEBRASKA COUNTY OF WASHINGTON CITY OF BLAIR 1 I SS. I I, HENRY CHRISTENSEN City Clerk of the Oity of Blai r Washington County, Nebraska, hereby certify that the annexed ordinance, purporting to be Chapter 9 of the Municipal Code of this city and embraced in Ordinance No. 551 of said city , a General Revision Ordinance which includes all the ordinances of this oity , of a general and permanent nature arranged in Chapters and Sections, was passed as such by the Mayor and Oounoll , of the City of Blair Washington County, Nebraska, pursuant to the rules and regulations prescribed by general law and by said Mayor and Council for the passage of ordinances, and was duly approved by the Mayor of said city said passage and approval having been made on the 22nd day of August , 19 39, with respect to said Chapter aforesaid which as a part of Ordinance No. 551 has been published in pamphlet form by authority of the Mayor and Council of said city and has been distributed by said city under direction ôf its duly constituted authorities pursuant to resolution of the Mayor and Council thereof. IN WITNESS WHEREOF, I have hereunto affixed my hand and seal ~-'I ORDINANCE RECORD 101 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO '24-M ou,. PRTO, 00.. ORO. N'. ORDINANCE No. 551 , CHAPTER 10 Introduction of Ordinance No. 551 Municipal Code of the 01t1 of , Chapter Blair Ie , of the Nebraska. And the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 551, ,of the Municipal Code of the City of , Nebraska. This ordinance was introduced by E. Hansen, and is in words and figures as Chapter 10 Blair Councilman John follows, to-wit: Chapter 10 FIRE LIMITS An ordinance prescribing and naming the Fire Limits of the City of Blair, Nebraska; proh1biting the use of certain buDding material therein; providi.ng that any person desiring to move any building or struqture into or from one point or place to another within the Fir~imits or desiring to erect or remodel any building or structure, or to make excavations or underground constructions within the Fire ,Limits shall secure a permit in writing before commencement of such work; prescribing the extent and character of repairs to existing buildings or structures which will be permissible; providing for the erection of barricades and lights during the period of building construction therein; requiring the removal of building from said Fire Limits when damaged by fire; providing for the repeal of prior ordinances in conflict; prescribing the time when this ordinance shall be in full force and take effect; and providing the penalty for the violation of the several provisions of this ordinance. BE IT ORDAINmD BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: 17-448, C. S. N q 1929. Section 1. TERRITORY EMBRACED~- The following described terri- tory in the City of Blair, Nebraska, shall be and constitute the Fire Limits of said city, to-wit: All of Block Thirty-six (36); all of Block Thirty-seven (~7); all of Block Thirty-eight (38); the north half of Block Fotty-five (45); all of Block Forty-six (46); the north half of Block Forty-Seven (47), all in the 9ity of Blair, Washington County, Nebraska, as shown on the Recorded Plats thereof. Sec. 2. DEFINITION OF TERMS.- For the purpose of this chapter the word building shall be construed to mean a house for business, residence, or public use or for the shelter of man or beast or the storage or display for sale of goods, wares an~erchandise; or any erection connected with the temporary or permanent use of man; any fixture or article of a chattel nature which can be severed from the land after ha.ving been affixed to it. The word structure shall be construed to mean any production or piece of work used for shelter, artifically built up or composed of parts joined together in some definite manner and not necessarily affixed to the land, although restin!t. unnTI it: onr1 rI~~n'h'~ -4> 'L..-.--- - ,- 1(12 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO. 'a,M 0"" PRTG, eo.. ORO. N'B. , Sec. 4. BUILDING PERMITS. FIRE LIMITS; IN; PERMITS TO CON"- STRUOT.MOVEOR TOREPAIB RE. QUIRED:... It shall, be unlawful for any person to move a building or structure from oùtside said Fire Limi ts to any point or place therein 01' from one place to another within said Fixe Limits 01' to construct any new building or structure or to alter, improve or add to any now existing frame building or structure located within the Fire Limits or to begin the co~struction of any building within the Fire Limits of the City of Blair, without first obtaining a permit in writing thereto . Applicat ion for the construction or repair of buildings and structures wi thin the Fire Mmi ts ehB,lI be in wri ting addressed to the mayor and council of said city, and shall be accompanied by a copy of the plans and specifications for the proposed building. If such plans and specifications are in conformity with the provisions of the ordinances of the Oi ty of Blair, the mayor and council shall order the issuance forthwith of a permit to the applicant therefor. Such permit shall be issued by the city clerk under the sea.l of the city. and a record shall be kept by the clerk of his action and of the action of the mayor and council in the premises. It shall be unlawful for any person to whom a permit to construct or repair a building or structure within the Fire Limits may be issued, as provided by this ord inance, to vary fI'orn the plans and specifications submitted to the mayor and council in the construction of the building author- ized to be erected, in any manner so that such building shall not conform to the ordinances of the City of Blair. Permits to repair alter, improve or add to existing frame structures within the Fire Limi ta shall be granted where the repa.irs, alterations, improvements or additions tobe made change or affect not more th fifty per cent of the original structure {exclusive of foundation) and where alterations, improvements, or additions are made of materials prescribed in SEiction 3 of this chapter: Provided, howev~r, if the application to repair, alter, improve or add to existing frame buildings within the Fire Limits change or affect more than fifty per cent of the original structure (exclusive of foundation), such application shall be refused until the 8.ppli..,. cant shall request a permit to erect a new building or structure of non-combustible materials governed by the provisions of this chapter. Repairs. alterations or improvements to existing non- combustible buildings or structures in said Fire Limits shall be allowed only on condition that materials prescribed in Section 3 of this chapter be used in the making thereof: Provided, however. permits for minor repairs on existing wooden or ironclad stI'uctures, such as to stop leaky shingle roofs, siding on existing warehouses or storage sheds, where the work ~ight be fairlY construed as patching, or covering small areas on the outside or inside of combustible buildings, shall not require fire-proof materials. . Sec. 5. BARRICADES AND LIGHTS.- It shall be the duty of the owner, tenant, lessee or contractor, and of all or any of them, during the construction of any building or improvement upon or near the line of any public street, highway, alley, or sidewalk, to have all excavations or exposures of any kind protected and guarded by suitable guards or barricades by day. and by warning red lights at night. In case of the failure, neglect, or refusal of 8ai~,persons. or any of them. to erect such guards and keep -1 ORDINANCE RECORD 103 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. - -_... -.--.-. ,~ I I of combustible materials and the erection of such buildings, sheds or structures is hereby prohibited: Provided, coal sheds, warehouses a.nd buildings of limited dimensions, under permit in writing from the council, may be built and constructed with' metallic covering on wooden frames not closer than twenty feet to any building in said Fire Limits upon written~application therefor. Sec. 7. REMOVAL WHEN DAMAGED BY FIRE.- Whenever any wooden or combustible building or structure or any non-combustible building stands within said Fire Limits and. it shall be damaged by fire or other casualty to the extent of fifty per cent or more of its value (exolusi ve of founda ti on), it shall not be repaired or rabuil , but shall be taken down and removed within sixty days from the date of such fire or other casualty, and. it shall be unlawful for any person, persons, company or corporation to repair or rebuild any such damaged building or structure or for any owner thereof to fa.il to remove any such damaged building or structure wi thin thirty days after notice to do so from the mayor and council of tne 6ity of Blair, Nebraska. Seo.8. VIOLATION, PENALTY.- Any person, persons, firm or corporation who shall violate, neglect or refuse to comply with, or who resists or opposes the enforcement of any of the pro- visions of thiS chapter shall, uponconviotion, be fined not lesa than Ten Dollara ($10.00) nor more than One Hundred Dollars ($100.00) for each offense, and the costs of prOSecùt.1on;and every such person, persons, f\rm or corporation shall be deemed guilty of a separate offense for every day òh which such viola- tion, neglect or refusal shall continue; and. any builder, contract or or oymer who shall construct, or cause to be constructed any building or any part of such building, in violation of any of the provisions of this chapter, and any architect or other person designing or drawing plans for, or having charge of, such build- ing or part of such building, or who shall permit it to be so constructed shall be liable to the penalties provided by this section; and the person or persons So found guilty, in default of payment thereof, shall be adjudged to stand .ŒO.lIJl1li tted to the oi ty jail until sl)ch fine and costs of proseOlt]on be paid, secured, or di s charged ae,provided by law. Sec. 9. 1ll:PEALOF PRIOR ORDINANCES INCONFLICT.- All ordinance and parts of ordinances passed and approved prior to the passage and approval of this ordinance and in conflict therewith are hereby repealed. . Sec. 10. WHEN OPERATIVE.- This ordinance shall be in full force and take effect from and after its passage, approval and publication according to law. ' Passed and approved August 22, 1939. tíV~/~~ ~. C. SORENSEN, Mayor. I I 104 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO. 00' OUOZ PRTO. eo.. 0.0 NEO -, ,l J ~, I ORDINANCE RECORD lÒS Compiled by George R, Mann, Lawyer, Lincoln, Nebraska, FO". NO """" QUIZ P"'G, CO.. 0"0 NEB, FIRST READING The Mayor then instructed the Clerk to read by title Ordinance No. 551 , Chapter 10 , of the Municipal Code of the Oi ty of Blair , Nebraska. The Clerk thereupon read the aforesaid Ordinance ,No. 551 ,Chapter 10 , by title upon its first, reading. Whereupon Councilman K. P. Hundahl moved that said Ordinance No.55l , Chapter 10, be approved on its first reading and its title agreed to. Councilman Dewey Holstein seconded this mòtion. Whereupon Councilman C.M.Christensen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vete on this motion: Yeas: HUNDAHL, HOLSTEIN, CHRISTENSEN, PAULSEN, HANSEN, KUHR, McCOMB Nays: None. Absent: EMMETT ROUNDS Motion: Carried. Whereupon the Mayor declared said Ordinance No. 551 ,Chapter 10 ,approved on its first reading and its title agreed to. SUSPENSION OF RULES Whereupon it was moved by Counci1ma.n Joþn E. Hansen and seconded b~ounci1man Martin Kuhr that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said ordinancefuight be introduced, read, approved ~md passed at the same meeting. Councilman Alfred Paulsen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HANSEN, IrnHR, HUWAHL, PAULSEN, OHRISTENSEN, HOLSTEIN, McCOMB Nays: None. Absent: EMMETT ROUNDS Motion: Carried. Whereupon the Mayor declared the statutory rules in regard to the passage and approval of ordi- nances suspended so that Ordinance No. 551 , Chapter 10 , might be read by title the first and second times, and at large the third time with the "Yeas" and "Nays" each time called and recorded, .approved and passed at the same meeting. SECOND READING Or~inance No. 551 , Chapter 10 , now comes on for second reading. The Mayor instructed the Clerk to read said Ordinance No. 551 , Chapter 10 ,by title upon its second reading. The Clerk then read said Ordinance No. 551 ,Chapter 10 , by title upon its second reading. Whereupon Counoi1man Dewey Holstein moved that said Ordinance No. 551 , Chapter 10 , be approved upon its second reading and its title agreed to. Councilman John E. Hansen seconded this motion. Whereupon Councilman O. M. Christensen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the f'nll""dnN "'n~ +,,~ .._..~ --- ~,. 106 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO 024-5A OU,> "TG. CO.. 0'0 NEB THIRD READING Said Ordinance No. 551 ,Chapter 10 ,now comes en for third reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter 10 , at large upon its third reading. The Clerk read said Ordinance No. 551 ,Chapter 10 ,at large upon its third reading. Whereupon Councilman C. M. Christensen moved that said Ordinance No. 551 , Chapter 10 ,be approved on its third reading and its title agreed to. Counoi1man K. P. Hundahl seconded .this motion. 'Whereupon Councilman Martin Kuhr called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote en this motion: Yeas: OHRISTENSEN, HUNDAHL, KUHR, PAULSEN, HOLSTEIN, HANSEN, McCOMB Nays: None. Abs~n~: EMMETT ROUNDS Motion: Carried. Whereupon the Mayor Ordinance No. 551 ,Chapter 10 reading and its title agreed to. il declared said , approved on its third FINAL PASSAGE .., The Mayor declared said Ordinance No. 551 ,Chapter 10 of the Municipal Code of the 01 ty of Blair Nebraska, having been read by title the first and second times and at large the third time, the rules having been suspended and the "Yeas" and "Nays" having been called and recorded four times, and each time duly approved and its title agreed to, the question is "Shall said Ordinance No. 551 , Chapter 10 ,of the Municipal Code of the City of Blair ,Nebraska, finally pass?" Councilman Dewey Holstein called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HOLSTEIN, HANSEN, PAULSEN, CHRISTENSEN. McCOMB. KUHR, HUNDAHL Nays: None. Absent: EMMETT ROUNDS Motion: Carried. All members having voted on the affirmative for the final passage of said Ordinance No. 551 ,Chapter 10 the declared said Ordinance No. 551 ,Chapter 10 duly passed and adopted as an ordinance of the City Blair , Nebraska. 'J I , of APPROVAL Whereupon the Mayor apprcved said Ordinance No. 551 Chapter 10 , of the Municipal Code of the City of Blair Nebraska, by subscribing his name thereto, and the Clerk attested said signature of the Mayòr' by subscribing his name thereto apd affixing thereon the seal of the City of Blair Nebraska. The above proceedings of the' Mayor and Council of this city with reference tJ the ordinance aforesaid, were had on the 22nd day of August " Ì939. ", "DTTUTT".",T,," .~ ORDINANCE RECORD 107 Còmpiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO ""M OUO2 PUG. CO.. ORD. NE.. AFFIDAVIT OF PUBLICATION ~. ~. I STATE OF NEBRASKA 1 tSS. WASHINGTON COUNTY. J I, JOHN A. RHOADES , of lawful age, being first duly sworn on oath, say that I am the owner and publisher of The Enterprise , a printing and publishing com- pany in the City of ßlalr , in said county and state; that the foregoing Chapter 10 , included in Ordinance No. 551 , of the City of Blair Waehington CoW1ty, Nebraska, was by t;!ze The Enterp:ri se , printed and published in pamphlet form in said City of Blair, in pursuance of the statutes of the State of Nebraska and the ordi- nances of said City of Blair , Nebraska, in such cases made and provided, and by order and under authority of the Mayor and Council of Blair Washington CoW1ty, Nebraska, as shown by the following reso- lution. passed by its said Mayor and Council August 24 , 19 39 : "BE IT RESOLVED BY THE OF THE OITY OF MAYOR BLAIR AND COUNCIL , NEBRASKA: 1. That the City Clerk be and he is hereby instructed to cause Ordinance No. 551 , a General Revision Ordinance which em- braces all ordinances of said o1ty of a general and permanent nature divided into 28 Chapters with the several sections there- under, to be published in book or pamphlet form W1der the direction of George R. Mann, Lawyer, 514 Federal Securities Building, Lincoln, Nebraska. .------~~--_....._.... ..............----- d!¿¿~...--..-.- ~xJSJI:ø:xItXDdt~ P. o. SORENSEN. Mayor. A :~~S~~'(Cl¡i)-C i ;;;. . (SEAL) . Introduced by Councilman John E. Hansen; ~-.. ! Approved August 24 Attgust 24 , 1939. Adopted 19~CJ.": 108 ORDIN ANCERECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FO". NO "'.M om, '"TG. CO.. ORO. Nn. CERTIFICATE OF PASSAGE CITY OF BLAIR I [ SSe I I I I STATE OF NEBRASKA COUNTY OF WASHINGTON I, HENRY CHRISTENSEN Oity Clerk of the City of Blair Washington County, Nebraska, hereby certify that the annexed ordinance, purporting to be Chapter 10 -\ of the Municipal Code of this city and embraced in Ordinance No. 551 of said , a General Revision Ordinance which includes all the ordinances of this city , of a general and permanent nature arranged in Chapters and Sections, was passed as such by the Mayor and Council , of the City of Blair Washington County, Nebraska, pursuant to the rules and regulations prescribed by general law and by said Mayor and Council for the passage of ordinances, and was duly approved by the Mayor of said city said passage and approval having been made on the 22nd day of August , 19 39, with respect to said Chapter aforesaid which as a part of Ordinance No. 551 has been published in pamphlet î form by authority of the Mayor and Council of said city and has been distributed by said city under direction òr its duly constituted authorities pursuant to resolution of the Mayor and Council thereof. IN WITNESS WHEREOF, I have hereunto affixed my hand and seal ---î ORDINANCE RECORD 109 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO "'-SA OUIZ PRTO. CO" ORO. NEO ORDINANCE No. 551 Introduction of Ordinance No. 551 Municipal Code of the City of , CHAPTER 11 , Chapter Blair 11 , of the Nebraska. And the matter now coming before .the Mayor and .Council was the passage and approval of Ordinance No. 551, , of the Municipal Code of the 01 ty of , Nebraska. This ordinance was introduced by Hundahl , and is in words and figures as í--' Chapter - ,II Blair Councilman K. P. fOllows, to-wit: CHAP TER 11 FIREWORK'S, FIRECRACKERS PYROTECHNIC DISPLAYS An ordinance ~elating to fireworks, firecrackers and pyrotechnic displays; to prohibit the manufacture thereof at any time; to prohibit the display, sale or offer for sale, gift or use thereof; to provide penalties for the violation thereof; to repeal ell ordinances and parts of ordinances lh conflict therewith; and to prescribe the time when this ordinance shall be in full force and take effect. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY 0 F BLAIR, . NEBRASKA: 17-454, C. S. N., 1929. Section 1. FIRECRACKERS, FIREWORKS, PYROTECHNIC DISPLAYS.- (a) It shall be unlawful for any person to manufacture, display, sell or offer fo,r sale, give away, keep, store, use, start, discharge, set Off, ignite or explode, or cause to be exploded within the corporate limits of the City Of Blair, Nebraska, any firecrackers, roman candles, rockets, squibs, fire balloons, signal 'lights, torpedoes, flash light compositions, pin wheels, colored light flare, sparklers, fireworks, colored fire compost tion or any other device Or composition whatsoever, designed or intended to produce visible or audible pyrotechnic display, blank cartridges, blank cartridge pistols, toy cannons or any other device for the exploding of the articles above specified. (b) Nothing in subsection (a) herein shall apply to the possession of pyrotechnics which are in trans- portation to points outside the City of Blair, Nebraska; nor shall it apply to the POssession or tra.nsportation of such pyrotechnics held by wholesale dealers for sale and shipment in unbroken packages to points or places outside the City of Blair, Nebraska, if the same be stored, shipped and transported in accordance with the rules and requirements established by the bureau of fire prevention of said city; nOr shall it apply to the sale, storage or use of railroad track torpedoes Or other signalling devices used by rail- roads, nor to the sale, storage or use of flash light composition by photographers Or dealers in photographic supplies. The fore- going PtQhibitions shall not apply to pyrotechnic displays on In- d~pendenoe Day '01' on other pwb1io celebrations or festival occasions within any of the parks in said city, if such display be given from a place or point within said park fenced off or roped off, so that any member of the public in R.<d n n""...'!r "'en nn+ "~~-~~"" .-. "-.....- 110 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FO.. NO. ""-A QUIZ ..Ta. co.. ~ said ohief with regard to all details affecting the fire and safety hazards. Sec. 2. VIOLATION, PENALTY.- Whoever shall violate any of the provisions of this chapter, for the violation of which penalty is not herein provided, shall be deemed guilty of a misdemeanor, and shall, if convicted, be fined in any sum not less than One Dollar ($1.00), nOr more than One Hundred Dollars ($100.00), and the oosts of prosecution shall be taxed to the party so offending and, in default of payment thereof, he shall be adjudged to stand com- mi tted to the c1 ty Jail until such fine and costs be paid, secured Or otherwise discharged according to law. 'l Sec. 3. REPEAL OF PRIOR ORDINANCES IN OONFLICT.- All ordinances and parts of ordinances passed and approved prior to the passage and approval of this ordinance and in conflict therewith are hereby repealed. Seo.4. WHEN OPERATIVE.- This ordinance shall be in full force and take effect from and after its passage, approval and pttblloa- tion according to law. Passed and approved August 22, 1939. . . (/¿ L~~ P. C. SORENSEN, Mayor. 1 I ATTEST: r~f " ( SEAL) ORDINANCE RECORD III Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO 124." ou,. POTO co. ORO ~ FIRST READING The Mayor then instructed the Clerk to read by title Ordinance No. 551 , Chapter 11 , of the Municipal Code of theOity ofE!l8,ir ,Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 551 , Chapter 11 , by title upon its first reading. Whereupon Counci1rra.n Alfred Paulsen moved that ~aid Ordinance No.551 , Chapter 11 , be approved on its first reading and its title agreed to. Councilman C. E. McComb seconded this motion. Whereupon Councilman John E. Hansen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: PAULSEN. HANSEN. McCOMB. HOLSTEIN. CHRISTENSEN. KUHR. HUNDAHL . Nays: None. Absent: EllilETT ROUNDS Motion: Carried. Whereupon the Mayor declared said Ordinance No. 551 , Chapter 11 , approved on its first reading and its title agreed to. SUSPENSION OF RULES Whereupon it was moved by Councilman C. E. McComb and seconded by Councilman C.M.Christensen that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said ordinance might be introduced, read,. approved and passed at the same meeting. Council'man Dewey Holstein called for the question. . The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: MoCOMB. C¥RISTENSEN. HOLSTEIN, HANSEN, PAULSEN, KtJRR, HUNDAHL \ Nays: None. AbsElnt: EMMETT ROUNDS Motion: Carried. 'Whereupon the Mayor declared the statutory rules in regard to the passage and approval of ordi- nances suspended so that Ordinance No. 551 , Chapter 11 , might be read by title the first and second times, and at large the third time with the "Yeas" and "Nays" each time called and recorded, approved and passed at the same meeting. SECOND READING Ordinance No. 551 , Chapter 11 , now comes on for second reading. The Mayor instructed the Clerk to read said Ordinanèe No. 551 , Chapter 11 , by title upon its second reading. The Clerk then read said Ordinance No. 551 ,Chapter 11, by title upon its second reading. Whereupon Councilman K. P. Hundahl moved that said Ordinance No. 551 , Chapter 11 , be approved upon its second reading and its title agreed to. Councilman Alfred Paulsen seconded this motion. Whereupon Councilman C. M. Christensen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the fo11owînO' """'" +hO ..~+~ -- ~'_.' 112 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. " '",.",." "'". .... "'-.""'" -- '"" . --,.. . FO"" NO 124-5. OU" P"TG. CO.. O"O N'. '" - '" '" THIRD READING Said Ordinance No. 551 , Chapter 11 , now comes en for third reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter 11 , at large upon its third reading. The Clerk read said Ordinance No. 551 , Chapter 11 , at large upon its third reading. Whereupon Councilman K. P. Hundahl moved that sg.id Ordinance No. 551 ,Chapter 11 , be approved on its third reading' and its title agreed to.Oouncilman MaI'ti n Kuhr seconded this moUon. Whereupon Oounci1man Dewey Holste1~al1ed for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote en this motion: Yeas:HUNOAHL, KUHR, HOLSTEIN, HANSEN, PAULSEN, McCOMB, CHRISTENSEN Nays: None. Motion: Carried. Ordinance No. 551 reading and its title -l Absent: EMMETT ROUNDS Whereupon the Mayor declared said , Chapter 11 , approved on i tsthird agreed to. FINAL PASSAGE The Mayor declared said Ordinan~e No. 551 of the Municipal Code of the City of Blair Nebraska, having been read by title the first and second times and at large the third time, the rules having been suspended and the "Yeas" and "Nays" having been called and recorded four times, and each time duly approved and its title agreed to, the question is "Shall said Ordinance No. 551 , Chapter 11 ,of the Municipal Code of the City of Blair , Nebraska, finally pass?" Councilman C. E. McOomb called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: McOOMB, PAULSEN, OHRISTENSEN, HANSEN, ~JHR, HUNDAHL, HOLSTEIN Nays: None. Absent: EMMETT ROUNDS Motion~ Carried. All members having voted on the affirmative for the final passage of said Ordinance No. 551 , Chapter 11 the Mayor declared said Ordinance No. 551 ,Chapter 11 duly passed and adopted as an ordinance of the C1 ty Blair , Nebraska. , Chapter 11 , of APPROVAL Whereupon the Mayor approved said Ordinance No. 551 Chapter 11 , of the Municipal Code of the City of Blair Nebraska, by subscribing his name thereto, and the Clerk attested said signature of the ~yor by subscribing his name thereto and affixing thereon the seal of the City" of Blair Nebraska. The above proceedings of the of this city with reference had on the Band day of August "' Mayor and Council to the ordinance aforesaid, were , 1939 . "P1I"RT.T"'^"'Tn~T -î ORDINANCE RECORD 11.3 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ----... -.. ..-....--.--.---..... FO". NO 124-0. QU", PRTO. eo., ORC. NEB. AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA ¡ rSS. WASHINGTON COUNTY. J I, JOHN A. RHOADES , of lawful age, be ing first duly sworn on oath, say that I am the owner and publisher of The Enterprise , a printing and Publishing com- pany in the City of Blair , in said county and state; that the foregoing Chapter 11 , included in Ordinance No. 551 , of the City of Blair Washington County, Nebraska, was by ~ The Enterprise, printed and published in pamphlet form in said City of Blair, in pursuance of the statutes of the State of Nebraska and the ordi- nances of said City of Blair, Nebraska, in such cases made and provided, and by order and under authority of the Mayor and Council of Blair Washington County, Nebraska, as shown by the following reso- lution passed by its said Mayor and OatAno1l Atiguat 24- , 19 39: "BE IT RESOLVED BY THE OF THE CITY OF MAYOR BLAIR AND COUNCIL , NEBRASKA: 1. That the City Clerk be and he is hereby instructed to cause Ordinance No. 55Ì , a General Revision Ordinance which em- braces all ordinances of said city of a general and permanent nature divided into 2g Chapters with the several sections there- under, to be published in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Federal Securities Building, Lincoln, Nebraska. ----.-'.-_m_____u_.-. --. -----u.---d~L¿~._._------- ~Xil.K)[DtX~ P. O. SORENSEN, Mayor. Attest: .. -~~If/.:t:,l.~-¡;;:£--ìCl tV¡ -Cl~;" . (SEAL) Introduced by Councilman John E. Hansen; Approved August 24 August 24 , 19 39 . Adopted ~. . 1939." ~ 114 ORDINANCE RECORD Compiled by George R. Månn, Lawyer, Lincoln, Nebraska. " ( FO". NO, "H. OU" PRrG. CO.. ORO, NEO. CERTIFICATE OF PASSAGE OITY OF BLAIR 1 r SSe ,-1 I STATE OF NEBRASKA COUNTY OF WASHINGTON I, HENRY CHRISTENSEN City Clerk of the City of Blair Washington County, Nebraska, hereby certify that the annexed ordinance, purporting to be Chapter 11 " of the Municipal Code of this city and embraced in Ordinance No. 551 of said city , a General Revision Ordinance which includes all the ordinances of this city , of a general and permanent nature arranged in Chapters and Sections, was passed as such by the Mayor and Counoil , of the City I ! of Blai r Washington County, Nebraska, pursuant to the rules and regulations prescribed by general law and by said Mayor and' Oounoil for the passage of ordinances, and was duly approved by the Mayor of said city said passage and approval having been made on the 22nd day of August , 19 39, with respect to said Chapter aforesaid which as a part of Ordinance No. 551 has been published in pamphlet form by authority of the Mayor and Counoil of said city and has been distributed by said city under direction 6f its duly constituted authorities pursuant to resolution of the Mayor and Counoil thereof. IN 'WITNESS WHEREOF, I have hereunto affixed my hand and seal -¡ ORDINANCE RECORD 115 Compiled by George R. Mann. Lawyer, Lincoln. Nebraska. FO"M NO 124-SA om '"'G. eo" ORe NEB ORDINANCE No. 551 . CHAPTER 12 Introduction of Ordinance No. 551 Municipal Code of the City of , Chapter l? Blair . of the Nebraska. And the mat'ter now coming before the Mayor and Oounol1 was the passage and approval of Ordinance No. 551, , of the Municipal Code of the City of , Nebraska. This ordinance was introduced by MoComb , and is in words and figures as Chapter 12 Blair Councilman C. E.. follows, to-wit: CHAPTER 12 FREE MUSIC AND. AMUSEMENTS An ordinance relating to free music and amusements within and for. the City of Blair, Washington County, Nebraska; to provide far'the establishment, maintenance and regulation of the saine; to provide for the repeal of prior ordinances ih -oon- flict; and to prescribe the time when this ordinance shall be in full force and take effect.. BE IT ORDAINED BY THE MAYOR AND COUNpIL OF THE CITY OF BLAIR, NEBRASKA: 19-901 to IB-904, 77-1201, c. S. N., 1929. Section 1. FREE MUSIC AND AMUSEMEN~, TAX AUTHORIZED FOR ES- TABLISHMENT AND MAINTENANCE.- Upon a three-fourths vote of all the members elected to the council of the City of Blair, Nebraska, said council is hereby expressly authorized to levy, not to exceed three-fifths of a mill on the actual value of taxable property within the corporation for each year to establish and maintain a vocal, instrumental and amusemánt organization for the purpose of rendering free public concerts, music festivals and entertainments within the said city for the people of said city and vicinity. When such vote shall have been so made and recorded by the council a tax of not to exceed three-fifths of a mill as aforesaid shall be levied upon all the property in said city in addition to all other general and special taxes far the support, maintenance and necessa expense of said organization. Further levy in all, not exceeding one mill, may be levied annually if sanctioned by a ma:Jorti¡J- of the voters of said city, voting at any general municipal election, up- on such proposi tion submi tt'ed as provided by law. Seo.2. SAME, AMUSEMENT ORGM{IZATION LEADER, ~m?LOYMENT.- Every such vocal, instrumental and amusement organization, as contemplate in the preCe~ing section, shall be under the instruction and guidance of a leader, who may be nominated in the first instance by the organization or association but whose nomination, term of employment and compensation shall be subJ ect to the approval of the mayor and council. Sec. 3. SAME, MANAGEMENT OF AJ\iIUSEMENT FUNDS, RULES AND REGULA- TIONS.- The mayor and oouncil R!lnll mn1r.. anii ",ii,."..d- ~ll ~.. +_'k'- 116 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO. t2HA owz PRTG. CO.. 0... .... Passage and approval of this ordin~1oe and in conflict therewith are hereby repealed. Sec. 5. WHEN OPERATIVE.- This ordinance shall be in full force and take effect from and after its passage, approval and publica- tion according to law. Passed and approved August 22, 1939. il I ) #/~~ P. C. SORENSEN, Mayor. ATTEST: '~ Clerk. ( SEAL) ,-I ORDINANCE RECORD 117 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO, 12.." OUI% FTG. CO.. ORD. NEB. FIRST READING The Mayor then instructed the Clerk to read by title Ordinance No. 551 , Chapter 12 , of the Municipal Code of the City of Blair , Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 551 , Chapter 12 , by title upon its first reading. Whereupon Councilman K. P. Hundahl . moved that said Ordinance No. 551 , Chapter 12 , be approved on its first reading and its title agreed to. Councilman Dewey Holstein seconded this motion. WhereuponCouncilman C. E. McCcrmb called for the question. The Mayor put the question and instructed the Clerk to call th~ roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HUNDAHL, HOLSTEIN, HANSEN, PAULSEN, CHRISTENSEN, KUHR McCOMB Nays: None. Absent: EMtŒTT ROUNDS Motion: Carried. Whereupon the Mayor declared said Ordinance No. 551 ,Chapter IB , approved on its first reading and its title agreed to. SUSPENSION OF RULES Whereupon it was moved by Councilman John E. Hansen and seconded bYCouncilman O. M. Christensen that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said ordinance might be introduced, read, approved and passed at the same meeting. Councilman Martin Kunr called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HANSEN, KUHR, OHRISTENSEN, PAULSEN, HOLSTEIN, HUND AHL, McCOMB Nays: Wone. Absent: EMMETT ROUNDS Motion: Carried. Whereupon the Mayor declared the statutory rules in regard to the passage and approval of ordi- nances suspended so that Ordinance No. 551 , Chapter 12 , might be read by title the first and second times, and at large the third time with the "Yeas" and "Nays" each time called and recorded, approved and passed at the same meeting. SECOND READING Ordinance No. 551 ,Chapter 12 , now comes on for second reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter 12 ,by title upon its secon<;l reading. The Clerk then read said Ordinance No. 551 ,Chapter 12, by title upon its second reading. Whereupon Councilman Dewey Holstein moved that said Ordinance No.551 , Chapter 12 ,be approved upon its second reading and its title agreed to. Councilman K. P. Hundahl seconded this motion. Whereupon Councilman Martin Kuhr called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the followin~ WR~ ~~A unto "~ +~.- -~+._-- 118 ORDINANCE RECORD Compiled by Geor"e R. Mann, Lawyer, Lincoln, Nebraska. FORM NO. "HA cu" "" CO 0aQ...W¡ THIRD READING Said Ordinance No. 551 ,Chapter 12 ,now comes on for third reading. The Mayor instructed the Clerk to~ead said Ordinance No. 551 ,Chapter 12 , at large upon its third reading. The Clerk read said Ordinance No. 551 , Chapter 12 , at large upon its third reading. Whereupon Councilman John E. Hansen moved that said Ordinance No. 551 , Chapter 12 ,be approved on its third reading and its title agreed to. Councilman Alfred Paulsen seconded this motion., Whereupon Oouncilman C. E. MoComb called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote en this motion: Yeas: HANSEN~ PAULSEN, MoOOMB, OHRISTENSEN, HOLSTEIN, HUNDAHL, KUHR Nays: None. Absent: EMMETT ROUNDS Motion: Carried. Whereupon the Mayor declared said Ordinance No. 551 ,Chapter 12 , approved on its third reading and its title agreed to. FINAL PASSAGE The Mayor declared said Ordinance No. 551 , Chapter 12 01' the Municipal Code of the City 'of Blair, Nebraska, having been read by title thei'irst and second times and at large the third time, the rules having been suspended and the "Yeas" and "Nays" having been called and recorded four times; and each time duly approved and its title agreed to, the question is "Shall s,aid Ordinance No. 551 , Chapter 12, of the Municipal Code of the City of Blair , Nebraska, finally pass?" Councilman K. P. Hundah1' called for the question. The .Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote. on this motion: Yeas:,KUHR, HANSEN, HUNDAHL, CHRISTENSEN, McCOMB, PAULSEN, HOLSTE!N . ' Nays: None. Absent: EM~ŒTT ROUNDS Motion: Carried. All members having voted on the affirmative l' or the final pas sage of sai d Ord inane e No. 551 ,Chapt er 12 the Mayor declared said Ordinance No. 551, Chapter 12, duly passed and adopted as an ordinance of the City of Blair' Nebraska. ---I APPROVAL Whereupon the Mayor approved said Ordinance No. 551 Chapter 12 , of the Municipal Code of the City of Blair Nebraska, by subscribing his name thereto, and the Clerk attested saigsignature of the Mayor by subscribing his name thereto and affixing thereon the seal of the City of Blair Nebraska. The above proceedings of the of this oi ty wi th reference had on the. 22nd day of August Mayor and Oounci1 to the ordinance aforesaid, were , 1939. PUBLICATION "'ì ORDINANCE RECORD 119 Compiled by George R. Mann. Lawyer, Lincoln, Nebr:u;ka. - -._-.. .... PO'" NO 124'" OUIZ POTG. co., ORO. NED. AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA 1 ~SS. WASHINGTON COUNTY. J I, JOHN A. RHOADES , of lawful age, being first duly sworn on oath, say that I am the owner and publisher of Thé Enterprise , a printing and publishing com- pany in the City of Blair , in said county and. state; that the foregoing Chapter 12 ,included in Ordinance No. 551 , of the City of Blair Washington County, Nebraska, was by ~ The Enterprise, printed and published in pamphlet form in said City of Blair, in pursuance of the statutes of the State of Nebraska and the ordi- nances of said City of Blair , Nebraska, in such cases made and provided, and by order and under authority of the Mayor and Council of Blair " Washington County, Nebraska, as shown by the following reso- lution passed by its said Mayor and Council August 24 , 19 39 : "BE IT RESOLVED BY THE MAYOR OF THE CITY OF BLAIR AND COUNCIL , NEBRASKA: 1. That the Oi ty Clerk be and he is hereby instructed to cause Ordinance No. 551 ,a General Revision Ordinance which em- braces all ordinances of said city of a general and permanent nature divided into 2ð Chapters with the several sections there- under, to be published in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Federal Securities Building, Lincoln, ~b~sn. ' _-m____---_--------_.. --~_.._------_---ud¿L~_____------_o UXlax~xjð.HxJiXJdx~ P. C. SORENSEN, Mayor. A ~£~~t~~- (city) -cl~; k . (SEAL) . Introduced by Councilman John E. Hansèn; Approved Augttst 24 August 24 , 1939. 1939 . n : Adopted 120 ORDINANCE RECORD Compiled by George R. Mann. Lawyer, Lincoln, Nebraska. FORM NO, ""'A oVOZ PRTO. CO.. ORO. NEB. CERTIFICATE OF PASSAGE STATE OF NEBRASKA COUNTY OF WASHINGTON I [ SS. I I CITY OF BLAIR I, HENRY CHRISTENSEN City Clerk of the C1ty of Blair Washington County, Nebraska, hereby certify that the annexed ordinance, purporting to be Chapter 12 of the Municipal Code of this city and embraced in Ordinance No. 551 of said city , a General .Revision Ordinance which includes all the ordinances of this city , of a general and permanent nature arranged in Chapters and Sections, was passed as such by the . MaYor and COuncil , of the C1 ty of Blair Washington County, Nebraska, pursuant to the rules and regulations prescribed by general law and by said Mayor and Counoil for the passage of ordinances, and was duly àpproved by the Mayor of said city said passage and approval having been made on the 22nd day of August , 1939, with respect to said Chapter aforesaid which as a part of Ordinance,No. 551 has been published in pamphlet form by authority of the Mayor and Ooumc1l of said city and has been distributed by said city under direction df its duly constituted authorities pursuant to resolution of the Mayor and Council thereof. IN WITNESS WHEREOF, I have hereunto affixed my hand and seal I ORDINANCE RECORD 121 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO 12HA OUI% PRTG. CO.. ORO. NFe ORDINANCE No. 551 , CHAPTER 13 Introduction of Ordinance No. 551 Municipal Code of the City of , Chapter Blair 13 , of the Nebraska. And the matter now coming before the Mayor and Couno11 was the passage and approval of Ordinance No. 551 Chapter 13 , of the Municipal Code of the City Blair , Nebraska. This ordinance was introduced Councilman Alfred Paullisen and is in words and figures follows, to-wit: , of by as OHAPTER 13 HEALTH REGULATIONS An ordinance prescribing rules and regulations with reference to the preservation of the health of the inhabitants of the City of Blair, Washington County, Nebraska; providing for the organization of a board of health and defining its powers; fixing the compensation and duties of the city physician; fix- ing the j~risdiQt1on of the board of health, designating the chief of pollee as health officer of said city; requiring proper medical care to be furnished in case of contagious diseases; incorporating by reference therein the Rules and Regulations of the Department of Health of the State of Nebraska together with subsequent amendments thereto; desig- nating the city dumping ground and providing for right-of-way thereto; presoriblngsani tary regulations with respect to the sterilization of dishes where food or drink is served to the public, 'refuse, garbage, waste or rubbish; to require physi- cal examinations for venereal or other sooial diseases and tu- beroulosis in certain oases; providing for the repeal of prior ordinances in oonfliot; prescribing t~e time when this ordi- nance shall be in full forae ãnd. tâkeEi1:ffee1¡;andproviding penalties for the violation of the several provisions of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: ArticSle' I. BOARD OF HEALTH 17-123, C. S.. N., 1929. Section 1. BOARD OF HEALTH~ CREATED. ORGANIZATION.- For the purpose of promoting the health of the. inhabitants of the City of Blair, Washington County, Nebraska, and enforcing suohrules and regulations relative thereto as may from time to time be en- acted Or adopted by ordinance, there is hereby created and es- tablished a board of health consisting of the following persons, to-wit: The mayor, who shall be chairman; th@ city physician; the president of the council; and the chief of police of said city, mlo shall be secretary and quarantine officer. A majority of said board shall constitute a quorum to recommend that the mayor and council enact, from time to time, such additional ordi- nances, not included herein, as shall embody all future rules, ""..0'111a+;r.n" nnA "...,;¡=~~ ".po ~_.... "h,..~~... ~... '^--~...'^ ...~.__......._-- -,...,- 12;2 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO. "<-SA QU", ..TO. co., 0.0. NE., Blair, not included in and not inconfllct with any existing health ordinance, which rules and regulations, when published in book or pamphlet form and three copies thereof filed with the city clerk, and any am~ndments thereto, when so published. and filed, are hereby incorporated by referenöeas a part of this article, as provided by law. Said rules and regulations shall treat wi th such subj ecta as slaughter houses, rendering estab- lishments, commercial feed lots, interior sales barns, oat tIe and hog pens, quarantine reg~lations, sanitary conditions of streets, alleys and public places, outside privies, cesspools, or water- closets where permitted or allowed, burial and disposition of dead animals, milk, meat products and all other products used, useful, kept, sold or offered for sale as food for human con- sumption,' sanitary re!?;ulations of barber shops, beauty parlors, soda fountains. restaurants. hotels, beer parlors or any other subject, business, place or activity affecting the public health, including dairies, milk stations, poultry or egg plants; control of syphilis, venereal or other social disease or control of tu- berculosis. (b) Public Toilets. Public toilets 8ha~l be con- struòted or installed in a sanitary manner with respect to sanita- tion and shall be maintained in a clean and sanitary condition. All fixtures shall be connected with a sewer system where pos~ble (c) Privies, Out-door Toilets, Oesspools. No privy, privy vault, out-door toilet or cesspool shall hereafter be constructed or suffered to remain within the limits of Sanitary District No. l' in said City of Blair. Outside of said sanitary district in said city, no privy,privy vault, out-door toilet or cesspool shall hereafter be constructed, installed or suffered to remain, when permitted, unless such structures shall comply with the following regulations: (1) No such privy, privy vault, out-door toilet or cesspool shall be constructed or installed within twenty-five feet of any residence or businees building, nor within one hundred feet of any well, nor within five feet of the limits of the premises upon which installed, except that privies may be installed on the line adjoining an alley. (2) All privies, privy vaults, out-door toilets or cesspools and all parts of the same shall be constructed and maintained in such manner as to avoid causing a nuisance, and in such manner as to be and remain fly-proof, and in such manner that no danger to ,health or comfort of the people of said city will result from backing or oontamina- tion of soil or water. (3) The provisions of subsection (c) of this section shall be considered subservießt to the prOvisions of.Section 2, Article I, Chapter 23 of this code insofar as the matter of compulsory sewer connections isooncerned. --'I I 18-1501, c.. S. Supp., 1937. Sec. 3. BOARD OF HEALTH. RECORDS; RULES AND REGULATIONS OF DEPARTMENT OF HEALTH, STATE 0 F NEBRASKA, INOORPORATED BY REFER- ENCE.- The board of health shall keep a record of all their transactions, orders, notices and of such other action taken by it, which records shall be filed with the city clerk and be and are hereby'made public records of the city and shall be accessible to the public for inspection in the office of the 01 ty clerlt. at al reasonable hours. In the absence or disability of the medical adviser, the mayor may appoint some other physician to act in place of the medical adviser during such absenoß or disability; ~. ~ ~ ~Lu - -' '- - . - -- -.... ~~ -~ì ORDINANCE RECORD . . 123 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. regulations, together with any alterations or amendments thereto, if and when three copies of said ålterations are likewise filed with the city clerk, are incorporated herein by reference, insofar as the same are applicable to cities of the second class having a population of mOre than 1,000 and less than 5,000 inhabitants, the same as though copied at full length in tills article. Seo.4. CONTAGIOUS, INFEOTIOUS OR MALIGNANT DISEASES.- The board of health, subject to the ordinances of said city, shall have control of all contagious, infectious or malignant diseases, and the care, treatment, regulation and prevention thereof. Seo.5. CITY PHYSIOIAN.- The mayor with the advice and con- sent ot' Jthe council, at the commencement of each municipal year on the last Tuesday in April, shall appoint, for a term of one year, a city physician, who shall be a resident practicing physician of the City of Blair, and who shall hold said office for the term of his appointment unless removed for cause by a .two-thirds vote of the council. Sec.~. SAME, COMPENSATION.- The oity physician shall recei va as compensation for his ser~ices such sum as the mayor and council from time to time by resolution Or order shall allow and fix. The city physician shall receive no compensation for his services as a member of the board of health. He shall perform such other duties as are required of him by the laws of the State of .Nebraska and the ordinances of the City of Blair, and when ordered by the mayor to call upon indigent siok persons or to disinfect buildings or their contents or to render professional medical services to citizens or others, he shall be paid such reasonable compensation not exceeding Three Dollars ($3.00) for each call together with mileage in such reasonable sum for each call as the mayor and council shall determine upon claim filed, audited and allowed. Sec. 7. HEALTH OFFICER.- The chief of police shall be the heal th officer of the city .As such i t shall be his, duty to en- force the provisions of this ordinance and to execute all the orders of the board of health. . Sec. é. BOARD OF HEALTH, JURISDICTION.- The jurisdiction of the board of health shall be co-extensive with the corporate limits of the City of Blair. Nebraska. Sec. 9. PROPER MEDICAL ATTENTION REQUIHED.- It shall be un- lawful for any parent or guardian or person having custody of any child or children, to fail or neglect to secure proper medical attendance at the illness within the city of any.suoh child or Children from any contagious or infectious disease. Sec. 10. STERILIZATION OF DISHES AND HECEPTACLES WHERE FOOD AND DRINKS SERVED; HANDLERS OF FOOD ,PRODUCTS OR PERSONS ENGAGED IN ACTIVITIES AFFECTING PUBLIC HEALTH, PHYSICAL EXAMINATIONS FOR VENEREAL DISEASES OR TUBERCULOSIS.- (a) Every person, firm. or corporation, their employees, agents or servants, serving ~ood or drinks to the public shall hereafter sterilize all glasses, dishes or other receptacles employed or used in connection with ~no\r1 ...."",0\,."""" ....",-1".......", "OT>~riY1O" f""'I"\f1 1"\'" t'I...1n1< t'.hA"'A1n t'.o p.J>p.n 1')AtT'On lZ!l ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORN NO. tOI au", PUG. co.. ORD. NEB. .. -- . -. examination by a duly liêensed and. practicing physician for the purpose of determining if said person be infected with syphilis, venereal or other social disease or tuberculosis; until said person shall be able to produce a certificate from such physician that he or she is free from or is not a carrier of s8;id diseases to such an extent as not to be inimical or prejudicial to the public health, it shall be unlawful for Said person to handle said products or to be employed in the shops, plants or places of business nbove mentioned. All physical examinations herein required shall include laboratory teets, the result of which shall be made a part of said certificate, a copy of which shall be delivered to the oi ty physician who shall consider and hold th same to be confidential and privileged, except to the employer of said person if he or she be employed: Provided, in any pro- secution hereafter brought for violation of this section, said certificate shall be admissible in evidence as in the case of other public records; and provided further, any physician who shall have made any physical examination, contemplated. under the provisions of this section, shall, if called as a witness in any P1"O13ðoutlon brought hereunder, be competent to testify as to the facts, case history and conclusions of his said examination. No employer shall employ or continue to employ said }!!Xson until he or she is the recipient of the certificate aforesaid' -I Article II. DUMPING GROUND Sec. 11. DUMP; CITY DUMPING GROU1ID AND RIGHT-OF-WAYDESIG- NATED.- The mayor and council shall, from time to time, by resolution or order, designate, lease, purchase, provide, regu- late and control the dumping grounds either within or without the corporate limits of this city, upon which shall be dumped the contents of all vaults, privies and cesspools, and all manure, offal, ashes, cinders or other loose material; and it shall be unlawful for any person to dump such matter on any other place or places in this city, or within one mile thereof, except by written permit of the chairman of the board of health. The corporate authority of Baid city is hereby extended over 'any real estate acquired or used for dumping ground for all purposes in- cluding what, how and when dumping may be permitted or allowed thereon. -I I Sec. 12. RUBBISH, GARBAGE; REMOVAL, OWNER OR OCCUPANT, BY.- It shall be unlawful for any person to permit garbage, rubbish, w¡;¡.ste or refuse to collect, as the same might affect the public heal th, and suoh ¡;:e reO11 shall I' emove the same at his own expense; and if such rubbish or garbage be not removed within twenty-four hours after being n.otified by the chief of police, he shall be deemed guilty of a mi sdemeanoI', and shall be punished 8.S herein- after provided. Article III. MILK' 18-1501, C. S. Supp., 1937. Sec. 13. MILK; ENABLING ACT; INCORPORATION BY R EFERENCE.- The production, transportation, processing, handling, sampling, examination, grading, labeling, regrading, and sale of milk and milk products sold for ultimate oonsu@ption within the City of ;:¡",~... N..'h..."",¡,.", ",. ;1"" ,\"\,,1;(,..,,, ;11,.iRòi.....tion. the ineuection of ~I ORDINANCE RECORD '1 " !. ¡(~ 5 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ---.....-.--.. - ------- - -..---------------------.-- -- any, are hereby adopted by the mayor and council and also incor- porated byJreference herein when three printed copies of said amendments and additions be also filed in the office of said city clerk from time to time. Sec. 14. SA~Œ; BLANK SPACES.- The blank spaces following the words 01 ty of in said ord inance and code shall be understood to refer to the City of Blair, Nebraska. In section 8 of said ordinance and code the first alternative wording shall apply. Sections 17 and 18 of said ordinance and code are hereby excluded from the terms of this section. Artiole IV. VIOLATION, PENALTY; REPEALS WHEN OPERATIVE 88c.15. VIOLATION, PENALTY.- Any- person or persons who shall vi olat e, di sobey, omit, neglect or refuse to comply wi th any of the foregoing regulations for which penalty is not elsewhere in this chapter provided, or who shall refuse or neglect to obey any of the rules, orders, proclamations or sanitary regulations of the board of health of said city or of the department of health of the State of Nebraska, shall, upon conviction thereof, be fined in the sum of not less than Five Dollars ($5.00), nor more than One Hundred Dollars ($100.00), and, in default of payment thereof, shall be adjudged to stand oommitted to the city jail until such fine and costs be paid or otherwise discharged according to law. Sec. lB. REPEAL OF PRIOR ORDINANCES IN CONFLICT.- All ordinanc s - and parts of ordinances passed and approved prior to the passage and approval of this ordine.nce and in conflict therewith are hereby repealed. Sec. 17. WHEN OPERATIVE.- This ordinance shall be in full force and take effect from and after its passage, approval and publication according to law. Passed and approved August 22,1939. #//~ P. O. SORENSEN, Mayor. ATTEST: '~ RISTENSEN, Oi ty 01 ark. (SEAL) 126 ORDINANCE RECORD Compiled by George R. Mann, Lawver, Lincoln, Nebraska. - - FORM NO. 101 QU<Z PRTG. CO.. ORO. NEB ORDINANCE RECORD 127 Compiled by George R, Mann, Lawyer, Lincoln, Nebraska. FORM NO ..",. OUIZ PRTO. co., ORO NEe. 0 .. FIRST READING The Mayor then instructed the Clerk to read by title Ordinance ,No. 551 ,Chapter 13 ,of the Municipal Code of the Oi ty of Blair , Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 551 , Chapter 13 , by title upon its first reading. Whereupon Councilman Martin Kuhr moved that said Ordinance No. 551, Chapter 13 ,be approved on its first reading and its title agreed to.Counoilman O. E. McComb seconded this motion. Whereupon Councilman Dewey Holstein called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: KUHR, McCOMB, HOLSTEIN, HANSEN, HUNDAHL, CHRISTENSEN, PAULSEN Nays: None. Absent: EMMETT Motion: Carried. Whereupon the Ordinance No.55l ,Chapter 13 and its title agreed to. ROUNDS Mayor declared said , approved on its first reading SUSPENSION OF RULES Whereupon it was moved by Councilman O.M.Ohristensen and seconded by Councilman Alfred Paulsen that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said ordinance might be introduced, read, approved and passed at the same meeting. Councilman K. P. Hunðahl called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the fallowing was the vote on this motion: Yeas: CHRISTENSEN, PAULSEN, HUNDAHL, KUHR, HANSEN, HOLSTEIN, McCOMB Nays: None. Absent: EMMETT ROUNDS Motion: Carried. Whereupon the Mayor declared the statutory rules in regard to the passage and approval of ordi- nances suspended so that Ordinance No. 551 , Chapter 13 , might be read by title the first and second times, and at large the third time with the "Yeas" and "Nays" each time called and recorded, approved and passed at the same meeting. SECOND READING Ordinance No. 551 ,Chapter 13 , now comes on for second reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter 13, by title upon its second reading. The Clerk then read said Ordinance No. 551 ,Chapterl3 by title upon its second ~eading. Whereupon Councilman C. E. McComb moved that said Ordinance No. 551 ,Chapter 13 ,be approved upon its second reading and its title agreed to. Councilman John E. Hansen seconded this motion. WhereuponOouncilman Alfred Paulsen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the 128 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FO.. NO "H. QUIZ ..TG. CO. - """"" -.. -- THIRD READING Said Ordinance No. 551 , Chapter 13 , now comes on for third reading. The Chairman instructed the Clerk to read said Ordinance No. 551 , Chapter 13 , at large upon its third reading. The Clerk read said Ordinance No. 651 , Chapter 13 , at large upon its third reading. Whereupon Councilman Martin Kuhr moved that said Ordinance No. 551 , Chapter 13 , be approved on its third reading ax;td its title agreed to. Councilman K. P. Hundahl seconded this motion. Whereupon Councilman Dewey Holsteincalled for the question~ The Mayor put the question and instructed the Clerk to call th~ roll for the vote. thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: KUHR, HUNDAHL, HOLSTEIN, HANSEN, PAULSEN, CHRISTENSEN, MoCOMB Nays: None. Absent: EMMETT ROUNDS Motion: Carried. Whereupon the Mayor declared said Ordinance No. 551 , Chapter 13 , approved on its third reading and its title agreed to. ----ì FINAL PASSAGE The Mayor declared said Ordinance No.551 of the Munic ipal Code of the Oi ty of Blair Nebraska, having been read by title the first and second times and at large the third time, the rules having been suspended and the "Yeas" and "Nays" having been called and recorded four times, and each time duly approved and its title agreed to, the question is "Shall said Ordinance No. 551 , Chapter 13 , of the Municipal Code of the Oity of Blair, Nebraska, finall~~ass?" Oounci1man John E. Hansen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on' this motion: Yeas:HANSEN, HOLSTEIN, PAULSEN, OHRISTENSEN, HUNDAHL, KUHR, MoCOMB Nays: None. A bs en t : EMMET T ROUND S Motion: Carried. All members having voted on the affirmative for the final passage of said Ordinance No. 551 ,. Chapter 13 the Mayor declared said Ordinance No. 551 , Chapter 13, duly passed and adopted as an ordinance of the City of Blair, Nebraska. , Chapter 13 APPROVAL Whereupon the Mayor approved said Ordinance No.551 Chapter 13 , of the Municipal Code of the Oi ty of Bla.ir Nebraska, by subscribing his name thereto, and the Clerk attested said signature of the Mayor by subscribing his name thereto and affixipg thereon the seal of the City of Blair Nebraska. . The above proceedings of the of thiS oi ty with reference had on the 22nd day of August Mayor and Council to the ordinance aforesaid, were , 19 39. P11>:!T.T"^TT('\lIT I ORDINANCE RECORD 129 Coìnpiled by George R. Mann, Lawyer, Lincoln, Nebraska. FOFM NO aHA CU", FFTO. CO.. OFO. NEO. ---------......--..-. ------.----..----------....--.--..--.---..---..---------- .--..--- I AFFIDAVIT OF PUBLICATION.. STATE OF NEBRASKA 1 {SSe WASHINGTON COUNTY. J I, JOHN A. RHOADES , of lawful age, being first duly sworn on oath, say that I am the owner and publisher of The Enterprise , a printing and publishing com- pany in the City of Blair , in said county and state; that the foregoing Chapter 13 ,included in Ordinance No. 551 ,of the Oi ty of Blair , Washington County, Nebraska, was by ~ The Enterprise, printed and published in pamphlet form in said City of Blair, in pursuance of the statutes of the State of Nebraska and the ordi- nances of said City of Blair , Nebraska, in such cases made and provided, and by order and under authority of the Mayor and Council of Blair Washington County, Nebraska, as shown by the following reso- lution passed by its said Mayor and Oounoil Augu at 24 , 19 39 : "BE IT RESOLVED BY THE MAYOR OF THE CITY OF BLAIR AND COUNCIL , NEBRASKA: 1. That the Oi ty Clerk be and he is hereby instructed to cause Ordinance No. 551, a General Revision Ordinance which em- braces all ordinances of said city of a general and permanent nature divided into 28 Chapters with the several sections there- under, to be published in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Federal Securities Building, Lincoln, Nebraska. ----_...._-----_...._.._---_._..__........_-----__._JL¿~____-------- ~xÞXdxttx~ P. C. SORENSEN, Mayor. (SEAL) Introduced by Cöunoi1man John E. Hànsen; Approved August 24 August 24 , 19 ~9 . 1939 . " ; Adopted 130 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FOR" NO, "HA OU", PRTO, co., O"D. NEO. CERTIFICATE OF PASSAGE CITY OF BLAIR l ¡ SSP I STATE OF NEBRASKA WASHINGTON COUNTY OF I, HENRY OHRISTENSEN City Clerk of the City of Blair Washington County, Nebraska, hereby certify that the annexed ordinance, purporting to be Chapter 13 of the Municipal Code of this city and embraced in Ordinance No. 551 of said city , a General Revision Ordinance which includes all the ordinances of this city , of a general and permanent nature arranged in Chapters and Sections, was passed as such by the Mayor and Oounoil , of the City of Blair Washington County, Nebraska, pursuant to the rules and regulations prescribed by general law and by said Mayor and Council for the passage of ordinances, and was duly approved by the Mayor of said city said passage and approval having been made on the 22nd day of August , 19 39, with respect to said Chapter aforesaid which as a part of Ordinance No. 551 has been published in pamphlet form by authority of the Mayor and Council of said city and has been distributed by said city under direction o~ its duly cQnstituted authoritiep pursuant to resolution of the Mayor and Council thereof. IN WITNESS WHEREOF, I have hereunto affixed my hand and seal ORDINANCE RECORD 131 Compiled by George R. Mann, Lawyer, Lincoln, Nebra,ka. FO"" NO """ QUOZ F"TG. CO.. dRO NEO ORDINANCE No. 551 , CHAPTER 14 Introduction of Ordinance No. 551 , Chapter 14 Munic ipal Code of the C1 ty of Blair , of the Nebraska. And the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 551 Chapter 14 , of the Municipal Code of the City Blair , Nebraska. This ordinance was introduced Counol1man Mart1n Kühr ' and is in words and figures follows, to-wit: , of by as Chapter 14 ICE PLANT An ordinance establishing and providing rules governing and con- trolling the municipal ice plant of the city of'Blair, Washing- ton County, Nebraska; providing for the management thereof; prescribing the tariff of rates to be cha.rged for the product of .said ice pla.nt ~nd the manner of payment for the ice pro- duced therein and for other services furnished thereby; reserv- ing in said city the power to amend or change this ordinance providing for the repeal of prior ordinances in conflict; pre- scribing the time when this ordinance shall be in full force and take effect; and providing the penalty for injuring in any way the property of said plant, and for violation of the several provisions of this ordinance. BE IT ORDAINED BY THE MAYOR A}ID COUNCIL OF THE CITY OF BLAIR, NEBRASKA: . 18-101 to 18-105, O. S. N., 1929. Section L MUNICIPAL ICE PLANT ES'l'ABLISHED.- The City of Blair, Washington County, Nebraska, will furnish ice from its municipal ice plant for the use of the inhe.bi tants of said city and other persons, firms, and corporations upon compliance with the terms and conditions of this chapter, and such rules and' regulations as the mayor and council may, in their discretion, make from time to time for the management and control of said utility. The ice pro- duced in and other services furnished by said. ice plant shall be used primarily to supply the needs of the inhabitants of said City of Blair. Any surplus of ice manufactured in said plant or storage facilities available over and above the amount specified to satisfy the wants of the inhabitants of the City of Blair may be sold or furnished, as the case may be, in accordance with the provisions of this chapter and the proceeds thereof shall be credited to the Ice Fund of said city. Sec. 2. SUPERINTENDENT OF ICE PLANT, OFFIOE CREA~ED.- The light commissioner shall be ex officio superintendent of the municipal ice plant of t}:.te City of Blair, Nebraska. He shall have charge over such utility under the general direction of the mayor and council of this city. Sec. 3. SA~, BeNt, TENURE OF OFFICE.- Said superintendent of +....~ ~..~4~.~_' .~~ ~,-~+ ~...._" ~~~-~ ..~+.1 +"0 o~t'! r.-f' +'1-.0 m",....¡-';T",,1 J ~$ 2 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FO.M NO. 12<'" OUIZ 'ATO. CO.. 0.0. NR., November first of each year, and at such other times as the mayor and council require, make, or cause to be made under his supervisio , a detailed report to the mayor and council of the condition of the utility in his charge, and in such reports he shall direct atten- tion therein to such improvements, repairs, extensions and addition thereto as he may believe should be made, and an estimate of the cost thereof. He shall make, (Dr cause to be made under llis super- vision, a list and file with said mayor and council, at the beginning and at the termination of each municipal year, of all property belonging to said municipal ice plant, and, upon his retiring from office, for any cause, shall take a receipt from his successor for all ice plant property in his custody, on blanks furnished by the city clerk for that purpose; he shall keep true, exact and accurate station reports in accordance with an approved bookkeeping system approved by the water commissioner for each day in the municipal year. At the end of each month he shall prepare and file with the city clerk a complete summary of the daily station reports. The books of the ice plant may be inspected and referred to by the public at reasonable times. Between April first and September thirtieth, each year, the superintendent shall file daily summaries of the sales of the product from said utility, to- gether with his deposit of the proceeds of said sales, with the cit treasurer on printed forms furnished for that purpose. Between October first and March thirty-first in each year, the superinten- dent shall file monthly summaries of the sales of the product from said utility, together with his deposit of the proceeds of said sales, with the oi ty treasurer on printed forms furnished for that purpose. All of the proceeds from the sales of the product of or other services furnished by such utilltyshall, by the city treasurer, be placed to the credit of the Ice Fund. The superin- tendent of the municipal iceþlant shall perform such other duties as the mayor and council may from time to time by resolution pre- scribe. The superintendent of said plant shall receive such salary, payable in equal month:!,y installments,' a.s may be fixed by resolution of said council, and: he may be removed at any time by a two-thirds vote of the members elected to said council. I I Sec. 5. ICE 'RATES; SCHEDULE; WHOLESAIJE, RETAIL; SPECIAL CON- TRACTS; SALES, COLI.ECTION DETAILS; REFUNDS.- The following schedule is established as a tariff of rates or prices to be charged for artificial ice to be disposed of to the patrons of said ice plant: Wholesale: For each 300 lb. cake or multiple thereof, uncut or unscored, at the rate of 30c per cwt. Retail: Coupons in units of 25 1bs. each will be sold at the light and water office at the rate of 40c per cwt., ice de1i~ered on city's plant dock. Coupon in units of 25 1bs. each will be sold at the light and water office at the rate' of BOo per cwt., ice to be delivered to any point wi thin city in units of 25 Ibs. or multiple thereof. Cash sales at city's plant dock, the following rates Bh,all apply: In units of 100 Ibe., 400 per cwt.; units of 75 Ibs., 346; units of 50 Ibs., 23c; units of 25 Ibs., 12c. Temporary Users; Specie.l Contract. Such uniform ra.tes without regard to the rates above specified, without dis- crimination, as the superintendent with the approval of the mayor and council shall, by resolution fix from time to time. Sales; Collection Details; Refunds. Retail ice patrons of said plant may purchase ice tickets, tokens or other scrip on forms provided by the superintendent at the office of the superintendent in the city hall. No credit shall be extended to retail patrons of said ORDINANCE RECORD 133 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ----. .----- .-.---.----.-.--...--.--.....-...-.----.--.----.---.. .---.-----.---- - -.......--- ....,.--. .-_. .-. .-.. Sec. 6. C11'Y NOT GUARANTOR OF ICE PRODUCTS OR RELATED SERVICES - The City of BIB.ir does not guarantee to produce ice for the oon- sumption of the inhabitants of said city or for other customers of said, utility. This city will use clue and reaoonable diligence to provide and supply ice products and other related services from its said utility, but shall not be liable for damages resulting from failure to supply ice or related services. The City of Blair, Washington County, Nebraska, expressly reserves the right to dis- continue the manufacture of ice products or to furnish related services of said utility, whenever by ordinance its mayor and council shall d.eclare it unprofitable, unnecessary and inexped ient to operate said plant. Sec. 7. INJ'URING PROPERTY OF I CE PLANT. - Any person who shall interfere with, injure, break or destroy any of the property of the municipal ice plant of this city, shall be deemed guU ty of a misdemeanor, and, upon conviction thereof, shall be punished as hereinafter provided. Sec. 8. VIOLA'l'ION, PENALTY.- Any person or corporation who shall violate any of the provisions of this chapter, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shal be fined in any sum not exceeding One Hundred Dollars ($100.00) for each offense ,and., in default of payment thereof, shall stand committed to the city jail until such fine and costs of prosecu- tion be paid, secured or otherwise discharged accordi ng to law. Sec. 9. AMEND!ŒNT, REVISION.- The City of Blair, Nebraska, reserves the right at any time by ordinance to alter, amend or change this chapter or any provision thereof. Sec. 10. REPEAL OF PRIOR ORDINANCES IN CONFLICT.- All ordinan- ces and parts of ordinances passed and approved prior to the passage and approval of this ordinance and in conflict therewith, or with any of the provisions thereof, are hereby repealed. Sec. 11. WHEN OPERATIVE.- This ordinance shall be in full force and take effect from and after its passage, approval and publication according to law. Passed and approved August 22, 1939. tf1 ¿~ P. C. SORENSEN, Mayor. ATTEST: ISTENSEN, City Clerk. ( SEAL) 13!1 0 RD IN X. N"CE' R EC 0 R D Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO. 101 OU", PRTO. CO.. ORO. NEB - ~,---------_._--_..._._--_..__.._.---------- --, .ORDINANCE RECORD 1I3t"é J.i. ~ Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. . ..,_.",,-,-.- - F<'.N_~ N.o "':.".0"1> 'NTO:. C.o""'J!,!'d'-"'~ FIRST READING The Mayor then instructed the Clerk to read by title Ordinance No. 551 ,Chapter 14 ,of the Municipal Code of the Oi ty of Blair , Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 551 ,Chapter 14 ,by title upon its first reading. Whereupon Councilman Alfred Paulsen moved that s~i~ Ordinance No. 551 , Chapter 14 ,be approved on its first reading and its title agreed to. Councilman Dewey Holstein seconded this motion. Whereupon Councilman John E. Hansen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: PAULSEN, HOLSTEIN; HANSEN, CHRISTENSEN, KUHR, HUNDAHL, McCOMB Nays: None. Absent: EWÆTT ROUNDS Motion: Carried. Whereupon the Mayor declared said Ordinance No. 551 ,Chapter 14 ,approved on its first reading and its title agreed to. SUSPENSION OF RULES Whereupon it was moved by Councilman K. P. Hundahl and seconded bYCouncilman C. M. Christensen that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said ordinance might be introduced, read, approved and passed at the same meeting. Councilman Martin Kuhr called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HUNDAHL, KUHR, CHRISTENSEN, HANSEN, HOLSTEIN; McCOMB PAULSEN Nays: None. Absent: EMMETT ROUNDS Motion: Carried. Whereupon the Mayor declared the statutory rules in regard to the passage and approval of ordi- nances suspended so that Ordinance No. 551 , Chapter 14 , might be read by title the first and second times, and at large the third time with the "Yeas" and "Nays" each time called and recorded, approved and passed at the same meeting. SECOND 'READING Ordinance No. 551 ,Chapter 14 , now comes on for second reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter 14 ,by title upon its second reading. The Clerk then read said Ordinance No. 551 ,Chapter 14, by title upon its second reading. WhereuponOouncl1man O. E. McOomb moved that said Ordinance No. 551 ,Chapter 14 ,. be approved upon its second reading and its title agreed to. Councilman Dewey Holstein seconded this motion. Whereupon Councilman C.M. Christensen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the -P"'1",,,;~~ "',,- ,-.." ..-...- -- ...,-,-- _h_L'_--- 136 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. c",,_.. ...__.... .-.. -... FORM NO "4'" QU« 'RTG. CO., ORD N," ... co, c- 0 C THIRD READING '", Said Ordinance No. 551 , Chapter 14 , now comes on for third reading. The Mayor instructed the Clerk to read said Ordinance No. 551 , Chapter 14 , at large upon its third reading. The Clerk read said Ordinance No. 551 , Chapter 14 , at large upon its third reading. Whereupon Councilman C.M.Chr.istensen moved that said Ordinance No. 551 , Chapter 14 , be approved on its third reading and its title agreed to. Councilman Alfred Paulsen seconded this l11öt'ion. Whereupon Councilman Martin Kuhr called for the question. The Mayor put the question and instructed the Clerk to cail the roll for the vote thereon. The Clerk called the roll and the following was the vote en this motion: Yeas: OHRISTENSEN, PAULSEN, HANSEN, HOLSTEIN, KUHR, HUNDAHL, McCOMB Nays: None. Absent: EMMETT ROUNDS Motion: Carried. Whereupon the Mayor declared said Ordinance No. 551 ,Chapter 14 , approved on its third reading and its title agreed to. FINAL PASSAGE The Mayor dec.lared said Ordinance No. 551 of the Municipal Code of the C1 ty of Bla.:!,r . Nebraska, having been read by title the first and second times and at large the third time, the rules having been suspended and the "Yeas" and "Nays" having been calle.d and recorded four times, and each time duly approved and its title agreed to, the question is "Shall said Ordinance No. 551 , Chapter 14, of the Munic ipal Code of the City of Blair , Nebraska, finally pass?" Councilman K. P. Hl1ndahl called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: KUHR, HUNDAHL, CHRISTENSEN, HANSEN, PAULSEN, McCO1œ, HOLSTEIN Nays: None. Absent: EMMETT ROUNDS Motion: Carried. All members having voted on the affirmative for the final passage of said Ordinance No. 551 , Chapter 14 the Mayor declared said Ordinance No. 551 , Chapter 14 , duly passed and adopted as an ordinance úf the Ci ty of Blair, Nebraska. , Chapter 14 APPROVAL Whereupon the Mayor approved said Ordinance No. Chapter 14 , of the Municipal Code of the City of Blair Nebraska, by subscribing his name thereto, and the Clerk attested said signature of the Mayor by subscribing his name thereto and affixing thereon the seal of the City' of Blair Nebraska. The above proceedings of the Mayor of this 01 ty wi th reference t:J the had on the 22nd day of August 551 and Oouncil ordinance aforesaid, were ; Ìg39. °ì ORDINANCE RECORD 137 Compiled by George R. Mann. Lawyer. Lincoln, Nebraska. ,aRM Na "HA aU" PRTO. co.. aRD. NED. AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA 1 tSS. WASHINGTON COUNTY. J I, JOHN A. RHOADES, of lawful age, being first duly sworn on oath, say that I am the owner and publisher of The Enterprise , a printing and publishing com- pany in the City of Blair . in said county and state; that the foregoing Chapter 14. included in Ordinance No. 551 . of the City of Blair Washington County, Nebraska. was by ~ The Enterprise, printed and published in pamphlet form in said City of Blair. in pursuance of the statutes of the State of Nebraska and the ordi- nances of said City of Blair . Nebraska. in such cases made and provided. and by order and under authority of the Mayor and Council of Blair Washington County. Nebraska. as shown by the following reso- lution passed by its said Mayor and Council August 2l. , 19 39 : "BE IT RESOLVED BY THE MAYOR OF THE 01 TY OF BLAIR AND COUNCIL , NEBRASKA: 1. That the City Clerk be and he is hereby instructed to cause Ordinance No. 551 . a General Revision Ordinance which em- braces all ordinances of said city of a general and permanent nature divided into 2g Chapters with the several sections there- under. to be published in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Federal Securities Building. Lincoln. Nebraska. Attest: .. ii~~~--{Cit ;)-Cl~c;k . (SEAL) ," / 1/ e;7 ¿n -------------------- -- _...._m.--..--U!.--£¿¿.~::~~mm..m- JOt~X:bUJl:XJ[1tX~ P. O. SORENSEN, Mayor. Introduced by Councilman John E. Hansen; Adopted Augu at 2l. , 1939. Approved August 24 19 j9 . " : 138 ORDINANCE RECORD Compiled by George R. Mann. Lawyer. Lincoln. Nebraska. FORW NO "400' OUIZ '"TG. CO.. ORD. NEB. CERTIFICATE OF PASSAGE OITY OF BLAIR 1 L ¡ SSe I STATE OF NEBRASKA COUNTY OF WASHINGTON I, HENRY CHRISTENSEN , Clty Clerk of the Clty of Blair , Washington County, Nebraska, hereby certify that the annexed ordinance, purporting to be Chapter 14 of the Municipal Code of this oity and embraced in Ordinance No. 551 of said oity , a General Revision Ordinance which includes all the ordinances of this oity , of a general and permanent nature arranged in Chapters and Sections, was passed as such by the Mayor and Counoil , of the City of Bla1r Washington County, Nebraska, pursuant to the rules and regulations prescribed by general law and by said Mayor and Council for the passage af ordinances, and was duly approved by the Mayor of said olty said passage and approval having been made on the 22nd day of August , 19 39, with -respect to said Chapter aforesaid which as a part of Ordinance No. 551 has been published in pamphlet form by authority of the Mayor and Council of said olty and has been distributed by said city under directjon of its duly constituted authorities pursuant to resolution of the Mayor and Council thereof. IN WITNESS WHEREOF, I have hereunto affixed my hand and seal 1 ORDINANCE RECORD 139 Compiled by George R. Mann, Lawyer, LIncoln, Nebraska. ADJOUBNMENT At 10:2} P. M., it Was moved by Councilman Dewey Holstein and seconded by Councilman Alfred Paulsen that the Mayor and Council of the City of Blair, Washington County, Nebraska, adjourn until Wednesday August 23,1939, at 7:00 o'clock, P. M. .~ RISTENSEN, City Clerk. APPROVED: ¿¡/ ~:¿~~ P. C. SORENSEN, Mayo r. JIlU ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. . -. PORN NO. 101 cu", PRTO. CO.. ORD. N'S. .. . . Blair, Nebraska August 23, 1939 --ì OPENING The Mayor and Council of the City of Blair,Washing- ton County, Nebraska, met in adjourned regular session pur- euant to adjournment of August 22,1939, in the Council Chambers at 7:00 o'clook P. M. Mayor P. C.Sorensen presided. Oity Clerk Henry Christensen recorded the proceedings of this meeting. George R. Mann, Lawyer, Lincoln, Nebraska, Reviser and Compiler was present to assist in the work of actual re- vision of the ordinances of said city. ROLL CALL The )iayor instruoted the Clerk to oa11 the roll. The Clerk called the roll and the following councilmen were -l present: C. M. Christensen, Dewey Holstein, Emmett Rounds, John E. Hansen, Alfred Paulsen, C. E. MoComb, Martin Kuhr, K. P. Hundahl. Absent: None. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances was now in order. ORDINANCE REVISION MUNICIPAL CODE The matter of preparing a municipal code rer said city was further considered. -, ORDINAN(;E RECORD 141 Compiled by George R.. Mann, Lawyer, Lincoln, Nebraska. FORM NO. 124.M aulZ FTO CO aRD NEB -- ..._--.. . ORDINANCE No. 551 ,CHAPTER 15 , Chapter 15 Blair , of the Nebraska. Introduction of Ordinance No. 551 Municipal Code of the City of And the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 551, , of the Municipàl Code of the City of , Nebraska. This ordinance was introduced by Christensen, and is in words and figures as Chapter 15 Blair Councilman C. M. follows, to-wit: CHAPTER 15 LIBRARY An ordinance continuing the establishment of and providing for the maintenance, management, protection and government of a public library and reading room, for the use of the inhabitants of the Cit~ of Blair, Nebraska; providing for the appointment and tenure of office of the library board; prescribing the powers, duties and time of meeting of said board; regulating the by- laws and finances of said board; providing for the levy of an annual tax to support said library; providing for the repeal of prior ordinances in conflict; prescribing the time when this ordinnnce shall be in full force and take effect; and providing a penalty for the injury or destruction of any property of said library. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: 51-201, 51-210, O. S. Supp., 1937; 51-302 to 51-209 and 51-211 to 51-214, C. S. N., 1929. Section 1. EXISTING LIBRARY CONTINUED; TERMS DEFINED.- The public library and reading room, now e~isting in the City of Blair, Nebraska, is hereby established and continued as a public library and reading room which shall be forever kept and maintained by said city and shall be known as the Blair Public Library and Reading Room. Whenever in this ordinance there shall be used the words public library the same shall be construed to include the Blair Public Library and Reading Room. 51-202, C. S. N., 1929. Sec. 2. LIBRARY BOARD, APPOINTMENT, TENURE OF OFFICE.-At the last regular,adjourned regular or special meeting of the council in the month of June, 1940, and at the last regular, adjourned regular or special meeting in June in each and every year there- after, the mayor, by and with the consent of the council, ora majority of the same, shall appoint one director to be chosen from the citizens at large for the managing of such public library for a term of five years from and after the first day of July of the year in which he shall have been appointed: Provided, however, if the mayor shall fail or neglect to appoint such director, as above provided, then the council shall appcint such director by a ""a1-\"...; +,. "',,+.. "of' ; +0 ""..",'h.....", 1-Toi +h..... +.h.. """""'" n"... !:In,. m"",,'h...,. ,,+, 142 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FO"M MO. ",,"A au,. PTO. CO.. O"D. N.S. to prepare and aæopt such rules and regulations for the efficient management of said l~brary as they deem expedient. Sec. 3. OFFIOERSj QUORUM; PROOEDURE; DUTIES.- The directors sha,ll, at their first meeting in July of each year, organize by . electing from their number a president, secretary and such other officers as may be necessary. Three of such board shall consti- tute a quorum: Provided, however, any motion, resolution or order passed by said board in order to be valid shall require the vote or assent of three members of said board. They shall have the power to adopt such by-laws, rules and regulations for their guidance and for the government of the library as they may deem expedient, Subject to the supervision and control of the mayor and council and not inconsistent with this ordinance. They shall have exclusive control of the expenditure of all money collected or donated to the credit of the Library Fund, and the exclusive control of all library property, and of the renting or constructio of any library building and the supervision, care and custody of the grounds, rooms or building constructed, leased or set apart for that purpose.. Sec. 4. FINANCES.- All taxes levied or collected and all funds donated or in any way acquired for the erection, maintenance or support of such public library shall be kept for the use of such library, separate and apart from the other funds of said city, and Shall be drawn upon and paid out by the city treasurer upon vouchers signed by the president of the library board and authen- ticated by the secretary of such board, and shall not be used or disbursed for any other purpose or in any other manner. Sec. 5. LIBRARIAN, ASSISTANTS; BY-LAWS.- The library board shall have power to appoint a suitable ~lbrarian and assistants, to fix their compensation, and remove their appointees at pleasure and shall have power to establish such regulations for the government of such library 80S may be deemed neøessary for its preservation, and to maintain its usefulness and efficiency they shall fix and impose by general rules, penalties and forfeitures for trespass or injury upon or to the library building, grounds, rooms, books or other property or for the failure to return any book or for the violation of any by-laws or regulations, and shall have and exercise such power as may be necessary to carry out the spirit and intent of this ordinance in establishing and maintaining a public library. ! Sec. 6. LIBRARY BOARD, REPORTS.- The library board shall, on or before the first Tuesday in June each year, make a report to the mayor and council of the condition of their trust on the first day of June of each year, showing all moneys received and expended number of books or periodicals on hand, newspapers and current literature subscribed for or donated to the reading room depart- ment; the number of books or periodicals purchased or acquired by gift during the year, the nrunber lost or missing, the number of visitors attending, the number and character of books-loaned or issued, with such statistics, information and suggestions as may be deemed of general interest or as the council may require, which report shall be verified bv affidavit of the proper officers '-~I ORDINANCE RECORD 143 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. lands or property for the benefit of said library, and the title to the property donated may be made to and shall vest in the City of Blair, for the public library, and such property shall there- upon be exempt from taxation. The president .shall have the power to release, upon full payment, any mortgage constituting a or edit to the Library Fund outstanding in the name of such library board and the signature of the president on any such release shall be authenticated by the secretary of the boar~ The president and seoretary in like manner, upon resolution duly Passed and adopted by the board, may renew any such mortgage. Seo.9. LIBRARY REOEIPTS, LIBRARIAN PAYS TOtREASURER MONTHLY.- All moneys received by the board of directors or by any librarian or assistant of said library from any source for the use and support thereof, shall be paid monthly to the oity treasurer of the City of Blair. 85-583, O. S. N., 1929. Seo.lO. DESTRUOTION OF LIBRARY PROPERTY; VIOLATION, PENALTY.- Any person who shall wllfullyand maliciously write upon, injure, deface, tear or destroy any book, newspaper, plate, engraving or any p:roperty or thing of value belonging to. the public library shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not less. than One Dollar ($1.00), nor more than Fifty Dollars ($50.00) for each offense, and, in default of payment thereof, shall be adjudged to stand committed to the city jail until such fine and costs are paid, secured, or otherwise discharged according to law. 77-1201, O. S. N., 1929; 51-201, C. S. SuPp., 1937. Sec. 11. TAX LEVIED FOR MAINTENANOE.- There shall be levied and appropriated annually for the support and maintenance of a public library and reading room a tax of not mor e thB.n one and one-half mills upon the dollar of the actual valuation of real and personal property of the City of Blair, Nebraska; the same shall be levied, appropriated, collected and expended and known as the Library Fund. . Sec. 12. REPEAL OF PRIOR ORDINANCES IN CONFLICT.- All ordinances and parts of ordinances passed and approved prior to the passage and approval of this ordinance and in conflict therewith are hereby repealed. Seo. l3~ WHEN OPERATIVE.- This ordinance shall be in full foroe and take effect from and after its passage; approval and publication according to law. Passed and approved August 23,1939. ¡/?¿; :;~/ØU/N'~ P. C. SORENSEN, Mayor. 4'1"I'H'.R'Th 14.1 ORDINANCE RECORD "', Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. 'aRM NO. 10\ au.. POT.. co.. 000. --'I I -I I lAc5 ORDINANCE RECORD Compiled by George R. Mann, General Counsel, Nebraska Ordinance Reference Bureau, Lincoln, Nebraska. FIRST READING The Mayor then instructed the Clerk to re~d by title Qrd:bìá.nce No. 551 dh~pter 15 , of the Muniÿi}?al Code of theO1ty of B1àlr ,Nebr~ska.. The Clerk thereupc;>n reäç. the aforesaid Ordinance No. 551þ, Chàpter15 by title upon i t:å :first reaèl.ing. Whereupon OourtiHiman John E. Hansen ~î~~ì ;~:~i~:i~nârt~~ä%~~l:o~g~~~d ~~~PJ:~n~r1~:eAiF;~£v::u~~e;ts seconded this motion. Whareuþon Councilman c. E. MoComb called fortþe question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motiont YeEis: HANSENt. PAULSEN, McCOMB, KUHR, HUNDAHL, OHRISTENSEN, HOLSTEINt ROUNDS. :Nays: None. . Motion! Carried. Whereupon the Mayor declared said Ordinance No. 551, Chapter 15 ,approved on its first reading ß,nd its title agreed to" SUSPENSION OF RULES Wb.ereupon it was moved by Councilman M8.Ì'tinKUhÌ'ltnd seconded by Councilman K. P. Hundah1 thá,t the statutory rules in regard to the p~ssage and adoption of ordinances be suspended so that said Óf'<1inånce might be introduced, read, approved and passed at the same meeting. Councilman C.M.Christensen called for the Q.uestion. The Mayor put the question and instructed the clerk to call the roll for the vote thereOn. The Clerk èalled the roll and the following was the vote on this motion: Yeas: KUHRt HUNDAHLtCHRISTENSENt HOLSTEIN, ROUNDS, HANSEN, PAULSEN, MoCOMB. Nays: None. Motion: Carried. Whereupon the Mayor declared the sta tutory rules in regard to the passa.ge and approval of ordi- nances suspended so that Ordinance No. 551 ,Chapter 15 t might be rMd by title the first and second times, and at la.rge the third time with the "Yeas" and "Nays" each time called and recorded, approved and passed at the same meeting. SECOND READING Ord.inance No. 551 ,Ohapter 15 , now comes on for ßec9pd reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter 15 ,by ti tIe upon its second reading. The Clerk then read said Ordinance No. 551 Chapter 15, by title upon its second reading. Whereupon Councilman gewey HonM";:&\ha t said Ordinance No. 5'51., Chapter 15 , be approved upon its second reading and i tEl title agreed to. Councilman Emmett Rounds seconded this motion. Whereupon Councilman John E. Hansen called for the question. The Mayor put the question and instructed. the Clerk to call '.. ...,. ""-.."...,,- 1116 - .. 0 R D IN AN C Bi;' . R EC 0 R D Compiled by George R. Mann, General Counsel, Nebraska Ordinance .Reference Bureau, Lincoln, Nebraska., ' '. . FORM ,., om. 'R~. no., mID. ;'mB. THIRD READING I??id 9rlUnano\? !¡To.' 551 ,Oha.pter 15 I now comes on for tbH4 re'ä,dþ'lg. rh$ Mayor inšt1"'ucted the Cle1"'k to read said ør~Hp.an6è 1!fô. 551 I Chapter 15 ".' at large \13,'°n its thi rd t$Ming. The Clerk read. sä,id Ordinânoe No. 551, Chapter 15 t at l~r~$ ~po~ +ts t~ird fe~4ipg. Where\1ponCounoilmanEmmettRounds i!l\>véð, -tb¡1-t ì3å.id Or4inance No .551 t dhå,pte~5 ,be approved On i t8 ~Mtø.t~äd.tng ~nc:t- Hst~ tJ,e~greedto.Oouncilman Alfred Pe-ulBan s~'öonð.ød. thiS motion. WMr-eûpon Counoilman Martin Kuhr oal1edfor ~he 9.ÛUt~9i'l.'.rba Mayor 'put the question and instructed. the Clerk to 0ø-11 the ran foÍ' the vote thereon. The Clerk called thä roil ø-ndthe following was the vote on this motion! Yea-at ROUNDS, Pí\ULSEN. KUHR. CHRISTENSEN, HOLSTEIN". HANSEN, SUNDAHL, McCOMB. ' Nays: No~e. Motión: Oarried. Where\lpon the Ordinance No. 551 ,Chàp1{er 15 reàding and its title agreed to. Ûayor declared said I approved on its third FINAL PASSAGE The Mayor declared said Ordinance No. 551 t Chapter 15 of the Munioipal Code ot' the City of Blair NeÞrask~, hàving been read by title the first and second times and at large the third time, the rules baving been suspended. and th~ ìiYeå.sll' and "Nays"having been called, andreoorded four times, and each time duly approved and its title agreed to, the question 5~d:S~ilth:aigl~idina~ie Ngia?~l ChäP~e~eÞr~ka~f fr~:l~in~;~~;; Oounçllman K~ P. Hundahl o~ll~d for the questicm. The Mayor put the question and instructed the Clerk. to call the roll for tbe vote thereon. The Clerk called. the roll anèl thefollòwing was thè votê on this motion: . Yeà.à!. HUNDAHL,CHRISTENSEN,. HOLSTEIN, ROUNDS, HANSEN, PAULSEN. KUHR, MoOOMB. Nø.ys; None. Mctior¡,: Carried.! All members having voted. On for the final passå.ge of said. Otdinancé No. 551 the Mayor declared sàid Orèlinance No.551 duly passed and adopted as an ordinance of the Blair , Nebraskã. the affirmative , Chapter 15 ; , Chapter 15 , Oi ty of APPROVAL Whereupon t~e Mayor âppröyed. said Ordinance No. 551 Chapter' 15, of the Munioipal Code of the Oity of Blair; Nebraska,. by subscribing his name thereto, and the Clerk attested sa~d Ej:l,gnature of the Mayor by subscribing his name thereto and affixing thereon the seal of the City <5f Blair Nè'b;tä,í;lka.¡ The above proceedings of the Mayor of this city' with reference to the hä.d ón the 23rd day of Augu at and Oouno11 orq.inanoe aforesaid, were ,19 39 ORDINANCE RECORD 147 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO I2...A au.. PRTa. CO.. a"o, .n. AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA 1 tSS. WASHINGTON COUNTY. J I, JOHN A. RHOADES , of lawful age, being first duly sworn on oath, say that I am the owner and publisher of The Enterprise , i a printing and publishing com- pany in the City of Bla r , in said county and state; that the forego" ing Chapter 15 , included in Ordinance No. 551 , of the Oi ty of Blair , Washington County, Nebraska, was by ~ The Enterprise, printed and published in pamphlet form in said City of Blair, in pursuance of the statutes of the State of Nebraska and the ordi- nances of said City of Blair , Nebraska, in such cases made and provided, and by order and under authority of the Mayor and Council of Blair WaShington County, Nebraska, as shown by the following reso- lution passed by its said Mayor and Council AUgust. 24. , 19 39 : "BE IT RESOLVED BY THE OF THE CITY OF MAYOR BLAIR AND COUNCIL , NEBRASKA: 1. That the City Clerk be and he is hereby instructed to cause Ordinance No. 551, a General Revision Ordinance which em- braces all ordinances of said city of a general and permanent nature divided into 2g Chapters with the several sections there- under, to be published in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Federal Securities Building, Lincoln, Nebraska. ...m.......Jz.~dL~.---.---.......--- -. ~XBKXX~X~~ P. C. SORENSEN, Mayor. Attest: 'if9 ~~~~(ëit; ) - ë i~~ I< . (SEAL) . Introduced by douncilman John E. Hansen; Adopted August 24 1939. , Approved AUgust 24. , 1939. II ; 1/1.8 ORDINANCE RECORD , Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FO'. NO. ""'A cU,. P"TO. CO.. ORO. NEB. CERTIFICATE OF PASSAGE CITY OF BLAIR 1 I SS. I -l STATE OF NEBRASKA COUNTY OF WASHINGTON I, HENRY CHRISTENSEN , City Clerk of the City of Blair Washington County, Nebraska, hereby certify that the annexed ordinance, purporting to be Chapter 15 of the Municipal Code of this city and embraced in Ordinance No. 551 of said city , a General Revision Ordinance which includes all the ordinances of this city , of a general and permanent nature arranged in Chapters and Sections, was passed as such by the Mayor and Counoil , of the City .---¡ I of Blair Washington County, Nebraska, pursuant to the rules and regulations prescribed by general law and by said Mayor and Counoil for the passage of ordinances, and was' duly approved by the Mayor of said city said passage and approval having been made on the 23rd day of August , 1939 , with respect to said Chapter aforesaid which as a part of Ordinance No. 551 has been published in pamphlet form by authority of the Mayor and Council of said . city and has been distributed by said city under direction of its duly constituted authorities pursuant to resolution of the Mayor and Council thereof. IN WITNESS WHEREOF, I have hereunto affixed my hand and seal -\ ORDINANCE RECORD 149 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO aHA eu", PRTG, CO" ORe NEB ORDINANCE No. 551 Introduction of Ordinance No. 551 Municipal Code of the 01 ty of , CHAPTER 16 , Chapter 16 Blair , of the Nebraska. Chapter Blair' Councilman Dewey follows, to-wit: And the matter now coming before the Mayor and COuncil was the passage and approval of Ordinance No. 551 , 16 , of the Munic ipal Code of the City of , Nebraska. This ordinance was introduced by Holstein, and is in words and figures as Ohfipt er 16 LIQUORS An ordinance providing rules and regulations governing and oon- trolling the manufacture, transportation, possession and sale of alcoholic liquors within the corporate limits of the City of BI~ir, Washington CountYt Nebraska; to define words and phrases used in connection therewith; to regulate premises from which such liquors are sold or offered for sale; to provide for the levy and collection of occupation taxes upon the various phases of the business of manufacturing and selling the same; to pro- vide penalties for the violation thereof; providing for the repeal of prior ordinances in conflict; and prescribing the time when this ordinance shall be in full force and take effect. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: ~3-301 to 53-3,107, Ov S. Supp., 1937. Section 1. TEffiÆS, DEFINED.- Unless the context otherwise requires, the words and phrases defined in Section 53-303, C. S. SuPP., 1937, shall be adopted for the purposes of construing this chapter; and said words and phrases are hereby incorporated by reference the Same as though copied at full length herein. Seo.2. LICENSE TO ENGAGE IN LIQUOR TRAFFIC REQUIRED; DISTANCE FROM CHURCH OR SCHOOL, EXCEPTIONS; SANITARY CONDITIONS ON LIOENSED PREMISES.- It shall be unlawful for any person to manufacture for sale, sell, keep for sale or to barter, or exchange, under any pretext any alcoholic liquor within said city unless said person shall have in full force and effect a license therefor as provided by the Nebraska liquor control act. No license shall be issued for the sale at retail of any alcoholic liquor within one hundred and fifty feet of any church, school, hospital, home for the aged or indigent persons or for veterans, their wives or children or any military or naval station: Provided, that this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs or to restaurants, food shops or other places where sale of alcoholic liquors is not the principal business carried on, if such place of business so exempted shall have been establißhed for such purposes prior to May 34, 1935. The applicant shall sati sfy the health officer that the toilet facilities and other sanitary conditions on the licensed premises are adequate and convenieht for C11At.nmA"T'R J:lT1rJ TlJ:lt.,.nnR t.hA"A,..,n~ <>n<'l ..",i<'l 150 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska, FORM NO, ,U'O. OU", FUG, eo., ORO NEB, or (b) of this seotion shall be deemed guilty of a misdene anor, and, upon conviction thereof, shall be fined not more than Fifty Dollars ($50.00) for each offense. Sec. 4. OPENING AND CLOSING HOURS; SECUIJAR AND ELECTION DAYS, SUNDAYS.- No person shall within such city sell at retail any alcoholic liquor, including beer, on the day of any national, state, county, or municipal election, including primary election, during the hours the palls are open in said city. No person shall ' within such city sell at retail any alcoholic liquors except beer on the first day of the week commonly called Sunday. It shall be unlawful for any person to sell alcoholic liquors, except be~r, within such city on secular days between the hours of twelve o'clock midnight and six o'clock A. M. Sec. 5. BEER, RETAIL, ON SALE OR OFF SALE, ON SALE AND OFF SALE AND ALCOHOLIC LIQUOR OTHER THAN BEER IN THE ORIGINAL PACKAGE RETAIL, NOT TO BE SOLD IN SAME ROOIlOR PREMISES.- It shall be unlawful for any person or persons, holding licenses to sell beer at retail off sale and on sale or off sale or on sale any alcoholic liquors other than beer in the original package, at retail, to sell or keep any or all of said alcoholic liquors for sale at retail in the same room or on the same premises. Sec. 6. LIOE]I¡SED PREMISES; PUBLIC FRONT ENTRANOE TO STREET, MUST HAVE.- No person holding a license for the sale at retail of alcoholic liquors, lftðluding beer, shall sell within such city, any such liquors or conduct any business for which such license is required in any rOOm or premises not provided with a public entrance at the front thereof, opening upon a public street, and no person hOlding such license shall permit the Use of any entranc other than such front. entrance for any purposes other than the use thereof by the licensee; his family or employees, or for ingress and egress by other persons for the purposes of lawful labor or business other than the purchase at retail or the con- sumption of alcoholic liquors. Sec. 7.SAMEj BLINDS, SOREENS, WINDOW OBSTRUCTIONS, NO; LIGHT- ING REQUIREMENTS OF INTERIOR.- In premises within such city upon which the sale of alcoholic liquor (for consumption on the pre- mises) is licensed (other than restaurants, hotels or clubs) no screen, blind, curtain, partition, article or thing shall be permitted in the windows or upon the doors of such premises, and no booth, screen, wall, partition, other obstruction, nor any arrangement of lights sha.ll be }In'mi tted in or about the interior of such licensed premises which shall prevent a full and clear view of the entire interior of such premises from the streets, roads Or sidewalks. All rooms where alcoholic liquors are sold shall be continuously lighted during business hours 'by natural or artificial light. M¡ Sec. 8. LIQUOR OONSUMPTION IN CERTAIN PUBLIC PLACES PRO- HIBITED. - It shall be unle.wful for any person to consume alcoholic liquors within such city in or on the public streets, alleys, roads or highways or upon property owned by the state or any governmental subdivision thereof, or inside vehicles while upon the public streets, alleys, roads or highways, in theaters or dance halls; or in any other place in said city open to tho¡ public after the hour f'1YAr'I +",... ~, ~_._- ... - ORDINANCE RECORD 151 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. Sec. 9. ALCOHOLIC LIQUORS, RETAIL SALES LIMIT¡¡.;D TO ORIGINAL PACKAGE ONLY; EXCEPTIONË3.- It shall be unlawful for any person to sell or to have in his possession within such city for sale at retail any alcoholic liquors, except in the original package: Provided, the foregoing restriction shall not apply to licensees holding on sale beer licenses. -Sec. 10. - LICENSES, FRAMED AI-ill HUNG ON LICENSED PREMISES.- Every licensee under the Nebraska liquor control act licensed to Operate within such city shall cause his license or licenses to be. framed and hung in plain public view in a conspicuous place on the licensed premises. Sec. 11. NON-BEVERAGE USERS, NO SALES OF ALCOHOL BY, FIT FOR BEVERAGE PURPOSES.- No ,:tron-beverage User shall, within such city, sell, give away or otherwise dispose of any alcohol, purchased. under a license as such non-beverage user, in any form fit¡ for beverage purposes. 39-1106, 60-412, 60-429, C. S. SuPP., 1937. Sec. 12. DRUNKEN DRIVERS OF !WTOR VEHICI.ES; ADDITIONAL PENALTY; REVOCATION OF OPERATOR'S LICENSE, PROCEDURE.- It shall be unlawful for any person to drive any motor vehicle on the streets of suoh city while under the influence of alcoholic liquor. Any person found guilty of such offense, in addition to the general penalty provided hereafter for violation of the provisions hereof, shall, as part of the judgment of conviction, be adjudged and ordered by the court not to drive a motor vehicle within the State of Nebraska for a period of one year from and after the date of such conviction. The police magistrate shall require the surrender to him of all operator's licenses held by the person eo convict€d; and. said police magistrate shall forthwith forward said operator's license or licenses so surrendered to the Director of Motor Vehicles, State of Nebraska, ae defined in Section 60-416, C. S. SuPP., 1937, together with 8, certified copy of the record and judgment of conviction for mandatory reVocation of said license or licenses by sa1d director as provided by law. Seo.13. LICENSED PREMISES, ENTERTAINMENTS IN; NO "DINE AND DANCEI! BUSIN~SS IN; NO FLOOR SHOW~ ON; NO DANCING ALLOWED. ON. - It shall be unlawful for any licensee under the Nebraska liquor control act with a place of business wi thin said d ty to permi t on premises where alcoholic liquors are consumed thereon, enter- tainments, shows or exhibitions of any kind or description, or music other than music from mechanical instruments or entertain- ment from radios whether specific charge is made for such enter- tainment or not. It shall be unlawful for any person to dance on any licensed premises or for any licensee, under the Nebraska 1 iquor Cor¡.trol act or under t hi s ordinance, whose licensed premises are located within the corporate limits of said city to permit dancing on said premises or to provide music of any kind for the purpose of dancing on or about said premises. The word premises, as used. herein, shall include the entire property used by the licensee in connection with the condÜct of any business operated by said licensee or other person in connection with said licensee and shall not be construed to apply only to a separate room in which said alcoholic liquors are sold and dispensed: Provided, nothing herein shall hA (11"1-,.,..,-1-...""", ... - -- u- . .. - - - ,--. J.;) ¿ ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FaRM Na. 1a1 aU" PRTG. co.. aRO. NEB ., - liquor control act: Provided, however, nothing herein contained shall prevent the possession of alcoholic liquor for the ' personal use of the possessor, his family and. guests, nor pre- vent the making of wine, cider or other alcoholic liquor by a person from fruits, vegetables or grains, or the product thereof by simple fermentation and wLthcut distillation if it is made solely for the USe of the maker, his family and his guests; and provided further, that nothing herein contained shall prevent any duly licensed practicing physician. or dentist from possess- ing or using a,lcoholic liquor in the strict pra.ctice of his profession, or any bÖspi tal or :lnsti tution caring for the sick and di~eàsed persons, fXQl!l,Þbssessing and using alcoholic liquor for .the treatment of bona fide patients of SUch hospital or other institution; and provided further, that any drug store employing a licensed pharmacist may possess and Use alcoholic liquors in the compOUnding of prescriptions of duly licensed physicians; and provided further, that the poSsession and dis- pensation of wine by an authorized representative of any ..c.huxch fOr the purpOse of conducting any bona fide rite or reJ.igious ceremony conducted by such church shall not be prohibited by this chapter. , . .'., I Sec. 15. LICENSED PREMISES; OWNERS OF, LIABLE FOR VIOLATIONS OF LIC.ENSEE, WHEN ,- If the owner of the licensed premises or any person from whom the licensee derives the right to póssessio of such premises, or the agent of sUch owner or person, shall knowingly permit the licensee .to use said licensed premises in violation of the terms of this chapter, said o~~er, agent or other person shall be deemed guilty of a violation of this chapter to the same extent as said licensee and be subject to the same punishment. 53-331, C. S. SuPp., 1937. Seo. 16. SPIKING BEER OR BEVERAGES.- It shall be unlawful for any person or for any licensee to sell or offer for sale any beer to which 1)as been added any aloohol or to permit any person to add any alcohol or other alcoholic liquor to any beer or other beverage of any kind or nature whatsoever on the premises of such person or licensee. ~I Sec. 17. MANAGERS, AGENTS OR EMPLOYEES, VIOLATIONS BY; LICENSEE, LIABILIry FOR, WHEN.- Every act or commission of what- soever nature oonstituting a violation of any of the provisions of this chapter, by any officers, director, manager or other agent or employee of any licensee, if said act is committed or omission is made with the authorization, knowledge or approval of the licensee, shall be deemed and held to be the act of such employer or licensee, and said employer or licensee shall be punishable in the same manner ~e if said act or omission had been done or omitted by him personally. Sec. lá. VIOLATION, PENALTY.- The violation of any provision of this ohapter shall .constitute a misdemeanor, and, upon conviction thereof, except where a different penalty for said offense is herein provided, the defendant shall be fined for eac offèMe in any sum not exceeding One Hund,red Dollars ($100.00); and,- in the oase of all viola.tions of tbi B r>.¡'øn+....... ...,,- -' -~ " . 1'1",..11 "'",. ...,,- ORDINANCE RECORD 153 1 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. Sec. 11.1. LICENSED PREMISES, POLICE OFFICERS MAY ENTER.- All police officers of the City of Blair, Nebraska, are hereby authorized to enter at any time upon any premises of any licensee under the Nebraska liquor control ac-t wi thin said 01 ty to deter- mine whether any of the provisions of such act or of this chapter, or any rules and regulations adopted by said city or by Nebraska liquor control rommission have been or are being violated and at such time to examine sufficiently said premises of said licensee in connection therewith. Sec. 20. OCCUPATION TAX; NO PRO RATA PAYMENTS.- For the pur- pose of raising revenue there is hereby levied an pccupation tax upon each and every occupation and business res,pecting alcoholic liquors, carried on within the corporate limits of the City of Blair, Nebraska, as hereaftel' specifically enumerated: (a) Manufacturer of alcohol and spirits, $500.00; (b) manufacturer of beer, $500.00;, (c) manufacturer of win'è, $500.00; (d) alcoholic liquor distributor (exoept beer), $250.00; (e) beer distributor, $100.00; (f) retailer of beer only, for consumption em the premises, $15.00; (g) retailer of beer only, for consumption off the premises (sale in the original package only), $15.00; (h) retailer of alcohOlic liquors for consumption on the premises and off the premises (sale in the original package only), $250.00; (i) retailer of alcoholic liquors for consumption off the premises (sale in the original package only) $150.00; (j) non-beverage user, class I, 15.00; class 2, $10.00; class 3, $10.00; class 4, $30.00; class 5, 150.00. The occupation tax year shall commence 0 the first day of May of each year and end on the thirtieth day of April, next Succeeding. During the occupation tax year ending April 30, 1940, and during any annual taxing period thereafter, the occupation tax fees shall become due and payable for the full amount thereof, regardless of the time during said taxing period when application for license shall have been made. The amount of such occupation tax shall -qe-d~PQsited with the city clerk at the time the application for license is made or within twenty-four hOUTS after said application has been filed with tpe Nebraska liquor control commission. The city clerk shall hold said occu- pation tax as a trust fund until the application is finally passed upon and if the application is refused and license denied, then the amount thereof shall be returned to the a.pplicant. The c1 ty clerk shall account to and pay said Occupation tax to the city treasurer im¡rediately after said license is issued a.nel. the treasurer shall credit the same to the general fund of said city. Upon the failure of any such applicant to pay said occupation tax as herein provided it shall be mandatory upon the council to pass a resolution denying the application for a license or requesting the Nebraska liquor control commission to deny said application and said resolution shall state the reason thereof. and shall be forwarded to the Nebraska liquor control commission. Sec. 21. RETAIL LICENSES, HARD LIQUOR; LIMITATION ON NUMBER.- The number of licenses to sell alcoholic liquors, except beer, in the original package at retail within the corporate limits of the City of Blair, Nebraska, shall at all times be limited with respect to number to-not more than two such licenses: Provided, recipients of licenses to sell at retail hard liquors in the original package may also sell beer off sale for consumption off the premises wit.hout the payment of additional licenRP. /"I" Occlln~t.1 'WI +~... .p~-- 1511 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO. 101 ow, PHro. CO.. ORo. NEa with are hereby repealed. Sec. 23. WHEN OPERATIVE. This ordinance shall be in full force and take effect from and after its passage, approval and publication according to law. Passed and approved August 23, 1939. //4k/Y1 A -//14 ATTEST: ~@U4 f~~ ~ENRY RISTENSEN, City Clerk. P. C. SORENSEN, Mayor. (SEAL) -l ORDINANCE RECORD 155 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. .--.-. - ". FORM NO '24-' au" PR G a "' --"-- . FIRST READING The Mayor then instructed the Clerk to read by title Ordinance No. 551 ,Chapter 16 ,of the Municipal Code of the 01 ty of B1a1r , Nebraska. The Cler:k: thereupon read the aforesaid Ordinance No. 551 ,Chapter 16, by title upon its first reading. Whereupon Councilman Dewey Holste1n moved that said Ordinance No. 551 , Chapter 16 , be approved on its first reading and its title agreed to. Councilman Emmett Rounds seconded this motion. Whereupon Councilman John E. Hansen called for the question. The Mayor - put the question. and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: tWLSTEIN, ROUNDS, HANSEN, CHRISTENSEN, PAULSEN, McCOMB, KUHR, HUNDAHL Nays: None. Motion: Carried. Whereupon the Ordinance No. 551 , Chàpter 16 and its title agreed to. Mayor declared said , approved on its first reading SUSPENSION OF RULES Whereupon it was moved by Councilman K. P. Hundahl and seconded by Councilman Martin Kuhr that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said ordinance might be introduced, read, approved and passed at the same meeting. Councilman C. E. MoOomb called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HUNDAHL, KUHR, MoCOMB, CHRISTENSEN, HANSEN~HOLSTEI:N, .KUHR, PAULSEN. Nays: None. Motion: Carried. Whereupon the Mayor declared the statutory rules in regard to the passage and approval of ordi- nances suspended so that Ordinance No. 551 , Chapter 16 , might be read by title the first and second times, and at large the third time with the "Yeas" and "Nays" each time called and recorded, approved and passed at the same meeting. SECOND READING Ordinance No. 551 , Chapter 16 , now comes on for' second reading. The Mayor i~tructed the Clerk to read said Ordinance No. 551 , Chapter 10 , by title upon its second reading. The Clerk then read said Ordinance No. 551 ,Chapter 16 by title Upon its second reading. Whereupon Counoilman C. M. Christen,sen moved that said Ordinance No. 551 , Chapter 16 , be approved upon its second reading and its title agreed to. Councilman Dewey Holstein seconded this motion. Whereupon Counoilman Alfred Paulsen called for the question. The MayGjr put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the ~nll a~~ ~~- following was th.. ""+ö -- ~,. . 156 ORDINANCE'RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. .. ===--- '. -. ..,._~ FORM NO '2HA OUO< PUG. CO.. ORD NEB THIRD READING Said Ordinance No. 551 ,Chapter 16 , now comes on for third reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter 16 , at large upon its third reading. The Clerk read said ,Ordinance No. 551 . , Chapter 16 ,at large upon its third reading.' Whereupon Councilman C. E. MoOomb moved that said Ordinance No. 551 , Chapter 16 ,be,approved on its third reading and its title agreed to. Counol1man Dewey Holstein seconded this motion. Whereupon OøunOilman Martin Kuhr called for the question. The Mayor put the question and instructed the Clerk to Call the roll for the vote thereon. The Clerk called the roll and the following was the vote en this motion: Yeas: Mo.oQMB, HOLSTEIN, KUHR,HUNDAHL, CHRISTENSEN t RArm$:&:I\1" ROUNDS, HANSEN. Nays: None. Motion: Carried. Ordinance No. 551 reading and its title ,-l I I Whereupon the Mayor declared said , Chapter 16 , approved on its third agreed to. FINAL PASSAGE The Mayor declared said Ordinance No. 551 ,Chapter 16 of the Municipal Code of the Oi ty of Blair Nebraska, having been read by title the first and second times and at large the third time, the rules having been suspended and the "Yeas" and "Nays" having been called and recorded four times, and each time duly approved and its title agreed to, the question is "Shall' said Ordinance No. 551 ,Chapter 16 ,of the Municipal Code of the C1ty of Blair , Nebraska, finally pass?" Oounoilman C. M. Christensen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: . Yeas: CHRIST~SEN, HUN DmtII, KUHR, MoCOMB, PAULSEN, HANSEN, HOLSTEIN, ROUNDS. Nays: None. Motion: Carried. All members having voted on for the final passage of said Ordinance No. 551 the Mayor declared said Ordinance No. 551 duly passed and adopted as an ordinance of the Blair , Nebraska. "l the affirmative , Chapt er 16 , Chapter 16 City , of APPROVAL Whereupon the Mayor app eved said Ordinance No. 551 Chapter 16 , of the Municipal Code of the 01 ty of Blair Kebraska, by subscribing his name thereto" and the Clerk attested said signature of the' Mayor by subscribing his name thereto and affixing thereon the seal of the City of Blair Nebraska. The above, proceedings of the of this 01 ty with reference had on the 23rd day of August Mayor and Council t) the ordinance aforesaid, were , 1939. ?TlRT.T"^"'Tr"T ORDINANCE RECORD 157 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. PORM NO "'-B' OUIZ PRTO. Co.. ORO. NEB- AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA ] rSS. WASHINGTON COUNTY. j I, JOHN A. RHOADES . of' lawf'ul age, being f'irst duly sworn on oath, say that I am the owner and publisher of' The Enterprise , a printing and publishing com- pany in the City of' Blair , in said - county and state; that the foregoing Chapter 16 . included in Ordinance No. 551, of the City of' Bla,lrt Washington County, Nebraska, was by ~ The Enterprise, printed and published in pamphlet f'orm in said City of Blair, in pursuance of' the statutes of' the State of Nebraska and the ordi- nances of said City of Blair , Nebraska, in such cases made and provided, and by order and under authority of' the Mayor and Council of' Blair Washington County, Nebraska, as shown by the following reso- lution passed by its said Mayor and Council Augu st 24, 19)9 : "BE IT RESOLVED BY THE CHAIRMAN OF THE CITY OF BLAIR AND COUNCIL , NEBRASKA: 1. That the 01 ty Clerk be and he is hereby instructed to cause Ordinance No. 551 , a General Revision Ordinance whicþ em- braces all ordinances of said city of a general and permanent nature divided into 2g Chapters with the several sections there- under, to be published in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Federal Securities Building, Lincoln, Nebraska. Attest: -- ~~S~~-(Oit;) 01 ~;:;;. . (SEAL) ---------------------- ---------------------æLd~_____-_.- ~X~JI~X%D~ P. C. SORENSEN, Mayor. Introduced by Councilman John E. Hansen; Adopted Approved Augu st 24 August 24 , 1939. 10 '59". l-~) 0 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. - FOR" "0, f2HA OUI, 'RTC. 00.. ORD. "n. CERTIFICATE OF PASSAGE STATE OF NEBRAßKA COUNTY OF WASHINGTON l r SSe I -l CITY OF BLAIR I, HENRY CHRISTENSEN , City Clerk of the City of Blair Washington County, Nebraska, hereby certify that the annexed ordinance, purporting to be Chapter 16 of the Municipal Code of this oity and embraced in Ordinance No. 551 of said city , a General Revision Ordinance which includes all the ordinances of this City , of a general and permanent nature arranged in Chapters and Sections, was passed as such by the Mayor and Council , of the City I of Blair Washington County, Nebraska, pursuant to the rules and regulations prescribed by general law and by said Mayor and. Council for the passage of ordinances, and was duly approved by the Mayor of said city said passage and approval having been made on the August 23rd day of which as a part of Ordinance No. 551 , 19 39, with respect to said Chapter aforesaid form by authority of the has been published in pamphlet Mayo r and Oounoil of said city and has been distributed by said city under of the direction or its duly constituted authorities pursuant to resolution Mayor and Counoil thereof. IN WITNESS WHEREOF, I have hereunto affixed my hand and ~AA' ORDINANCE RECORD 1.59 Compiled by Geo,ge R. Mann, Lawyer, Lincoln, Nebraska. Fo.. NO >2H.II..OJ ORDINANCE No. 551 .' CHAPTER 17 . Chapter 17 Blair , of the Nebraska. Introduction of Ordinance No. 551 Municipal Code of the City of Chapter Blair Councilman Emmett follows, to-wit: And the matter now coming before the Mayor and Counoil was the passage and approval of Ordinance No. 551 17 , of the Municipal Code of the, City . Nebraska. This ordinance was introduced Rounds, and is in words and figures , of by as CHAPTER 17 MINORS An ordinance relating to minors; to prescribe curfew regulations, to prohibit minors under sixteen years of age to be upon the streets, alleys and common grounds of the City of Blair" Washington County, Nebraska, after nine ololock P. M. except under certain oondi tlona¡ to fix the duties of parents and guardians hereunder; to prescribe conditions for the arrest and commitment of ,minors for the violation hereof; to prohibit minors from loitering upon premises or depot grounds of railways; to prescribe penalties for the violation of this chaPter; to provide for the repeal of prior ordinances in conflict; and to prescribe the time when this ordinance shall be in full foroe and take effect. BE IT ORDAINED BY THE MAYOR AND COUNCIL 0 F THE CITY OF BLAIR, NEBRASKA: .17-428, C. S. N., 1929. Section 1. MINORS, CURFEW; PROHIBITED ON STREETS, ALLEYS, VACANT LOTS OR PROPERTY OF ANOTHER AFTER CERTAIN HOURS, EXCEPTIONS. - It is hereby made unlawful for any person under sixteen years of age to be or remain in or upon any of the streets, alleys, vacant lots or property of ànother or public places in the C1 ty of Blair, Nebraska, at night after the hour of nine o'clock P. M., un- less such person is accompanied by parent, guardian or other per- son having the legal custOdy of such minor persons, or is going to Or from some meeting or assemblage of lawful character, or is in the performance of an errand of duty, directed by parent, guardian or other person having the legal custOdy of such minor person, or whose employment makes it necessary to be upon the streets, al~eys or public places during the night time after said specified hours; Provided, that this exception shall not apply when persons under sixteen years of age shall play or loiter unnecessarily in Or upon such street, alley or vaCant lot, property of another or public place, whether alone or accompanied by parent, guardian, person or persons whomsoever. No minor shall play or loiter in any street, alley or public place in this city at any time to the inconvenience Of the ordinary traffic over and upon such streets, alleys or public places. The time when minors shall disperse from the street may be indicated, if ordered by the mavor Rnò "ru.n...~' \.... u.. . wh1 atol ð ~~ _L.,-- 160 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO. "'oM QUIZ FTO. CO., ORD. NEB. a reasonable necessity therefor. Any person violating the pro- visions of this section or any of the preceding section shall, upon conviction thereof, be fined in any sum not exceeding One Hundred Dollars ($100.00), and, in default of payment thereof, shall be adjudged to s tand oommi tted to the city j ail until such fine and costs of prosecution are paid, secured or otherwise dis- charged according to law. Sec. 3. ARREST WITHOUT WARRANT; DETENTION OF MINORS IN JAIL.- Each member of the police foree while on duty is hereby authorized to arrest, without warrantì any person wilfully violating the provisioneof Section 1 of this chapter and detain such person for a reasonable time until complaint can be made and a warrant issued and served. No child or minor person arrested under the provisions of this chapter shall be placed in confinement until the Parent or guardian of such minor person shall have been notified of such arrest and shall have refused to be held responsible for the ob- servance of the provisions of this chapter by said minor person. Sec. 4. MINORS, LOITERING UPON PREMISES AND DEPOT GROUNDS OF RAILWAYS, PROHIBITED.- It shall be unlawful for any minor under the age of sixteen years to loiter about the depot, depot grounds, tracks or premises of any railway company within the corporate limits of the City of Blair, Nebraska, unless accompanied by parent or guardian, or there by their authority for the transao- tion of business with the agent of said company. Any person violating any provision of this section shall be punished as pro- vided in Baction 2 of this chapter. Bec. 5. REPEAL OF PRIOR ORDINANOES IN OONFLICT.- All ordi- nanoes and parts of ordinances passed and approved prior to the passage and approval of this ordinanoe and in oonfliot therewith are hereby repealed. Sec. 6. WHEN OPERATIVE.- This ordinance shall be in full foroe and take effect from and after its passage, apprôval and 'publication according to law. Passed and approved August .23, 1939. (//b~('-/~~ P. C. SORENSEN, Mayor. ATTEST; ~~ HENRY HRISTENSEN-, City Clerk. :--' ORDINANCE RECORD 'J (' ", \) 1 Compiled by George R. Mann, Lawyer. Lincoln, Nebraska. FORM NO, ""'A'CUIZ FTO, CO.. ORD, N'., FIRST READING The Mayor then instructed the Clerk to read by title Ordinance No. 551 ,Chapter 17 ,of the Municipal Code of the 01 ty of Blair , Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 551 . Chapter 17 , by title upon its first, reading. Whereupon Oounoi1man Martin Kuhr moved that said Ordinance No. 551 , Chapter 17 ,be approved on its first reading and its title agreed to. Counoilman C. E. MoComb seconded this motion. Whereupon Councilman Alfred Paulsen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote On this motion: Yeas: KUHR, MoOOMB, PAULSEN, CHRISTENSEN, HOJ¡,STEIN, ROUNDS, HANSEN, HUNDAHL. Nays: None. Motion: Carried. Whereupon the Mayor declared said Ordinance No. 551 ,Chapter 17 . approved on its first reading and its title agreed to. SUSPENSION OF RULES Whereupon it was moved by Counoi1man John E. Hansen and seconded by Councilman Emmett Rounds that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said ordinance might be introduced, read, approved and passed at the same meeting. Councilman Dewey Holstein called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HANSEN, ROUNDS, HOLSTEIN, OHRISTENSEN, PAULSEN, McCOMB, KUHR, HUNDAHL. Nays: None. Motion: Carried. Whereupon the Mayor declared the statutory rules in regard to the passage and approval of ordi- nances suspended so that Ordinance No. 551 ,Chapter 17 , might be read by title the first and second times, and at large the third time with the flYeasfl an1 flNaysfl each time called and recorded, approved and passed at the same meeting. SECOND READING Ordinance No. 551 , Chapter 17 , now comes on for second reading. The Mayor instructed the Clerk to read said Ordinance No. 551 , Chapter 17 . by title upon its second reading. The Clerk then read said Ordinance No. 551 . Chapter 17, by title upon its second reading. Whereupon Couno11man K. P. Hundahl moved that said Ordinance No. 551 , Chapter 17 ,be approved upon its second reading and its title agreed to. Councilman Martin Kuhr seconded this motion. Whereupon Councilman O. M. Christensen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vn~A n" ~~4~ -~+~--- 162 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. PORM NO. 124-M OUIZ PTG. CO. ORD. NEB; THIRD READING Said Ordinance No. 551 , Chapter 17 , now comes on for third reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter 17 , at large upon its third reading. The Clerk read said Ordinance No. 551, Chapter 17 > at large upon its third reading. Whereupop Counoilman C. M.Christensen moved that said Ordinance No. 551 , Chapter 17. , be approved on its third reading and its title agreed to. Councilman Dewey Holstein seconded this motion. Whereupon Councilman Emmett Roundscalled for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote en this motion: Yeas: CHRISTENSEN, HOLSTEIN, ROUNDS, HANSEN, PAULSEN, MoCOMB, KUHR, HUNDAHL. Nays: None. Motion: Carried. Ordinance No. 551 reading and its title --1 ! Whereupon the , Chapter 17 agreed to. Mayor declared said , approved on its third FINAL PASSAGE ~. The Mayor declared said Ordinance No. 551 > Chapter 17 of the Municipal Code of the C1 ty of Blair Nebraska, having been read by title the first and second times and at large the third time, the rules having been' suspended Bnd the "Yeas" and "Nays" having been called and recorded four times, and each time duly approved and its title agreed to, the question is "Shall said Ordinance No. 551 > Chapter 17 , of the Municipal ~ Code of the City of Blair > Nebraska, finally pass?" Counoilman John E. Hansen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote. on this motion: Yeas: HANSEN, PAULSEN, McCOMB, KUHR, HUNDAHL, OHRISTENSEN, HOLSTEIN, ROUNDS. Nays: None. - Motion:. Carried. All members having voted on for the final passage of said Ordinance No. 551 the Mayor - declared said Ordinance No .551 duly passed and adopted as an ordinance of the Blair , Nebraska. -l I the affirmative , Chapter 17 , Chapter 17 City , of APPROVAL Whereupon the Mayor approved said Ordinance No. Chapter 17, of the Municipal Code of the City of Blair Nebraska, by subscribing his name thereto, and the Clerk attested said signature Of the Mayor by subscribing his name thereto and- affixing thereon the seal of the City of Blair Nebraska. The above proceedings of the Mayor of this city with reference to the had on the' 2Jrd day-of August - ' 551 , . >, and Counoil ordinance aforesaid, were , 19 39 . PUBLICATION -~-, ORDINANCE RECORD " t"' 3 J.O Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ~.__....- FORM NO ""M QUIZ FRTO. CO.. ORD, NEB. AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA 1 . {SSe WASHINGTON COUNTY. J I, JOHN A. RHOADES. , of lawful age, being first duly sworn on oath, say that I am the owner and pUblisher of The Enterpr1se , a printing and Publishing com- pany in the Oi ty of Blair , in said county and state; that the foregoing Chapter 17 , included in Ordinance. No. 551 , of the Ci ty of Blair , Washington County, Nebraska, was by ~ The Enterpr1se, printed and published in pamphlet form in said Ci ty of Blair, in pursuance of the statutes of the State of Nebraska and the ordi- nances of said. C1 ty of Blair , Nebraska, in such cases made and provided, and by order and under authority of the Mayor and Council of Blair Washington County, Nebraska, as shown by the following reso- lution passed by its said Mayor and Counöil August 24 , 19 39 : "BE IT RESOLVED BY THE OF THE or TY OF MAYOR BLAIR AND COUNCIL , NEBRASKA: ,1. That the 01 ty Clerk be and he is hereby instructed to cause Ordinance No. 551 , a General Revision Ordinance which em- braces all ordinances of said city of a general and permanent nature divided into 2ð Chapters with the several sections there- under, to be published in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Federal Securities Building, Lincoln, Nebraska. Attest: .. ~~;¡~(Cit';)'-Cl;;k' (SEAL) . ----_m______--------- ------------ -----æ-£.~_----_------- ~xJtux.t:XU~ P. C. SORENSEN, Mayor. Introduced by Councilman John E. Hansen; Adopted Approved August 24 Augu st 24 , 1939. 1939. " ~ 164 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FOR. NO. ".'M OU>% PRTG. CO.. O'D NEB. CERTIFICATE OF PASSAGE STATE OF NEBRASKA OITY OF BLAIR l I SSe I l COUNTY OF WASHINGTON I, HENRY CHRISTENSEN City Clerk of the City of Blair Washington County, Nebraska, hereby certify that the annexed ordinance, purporting to be Chapter 17 of the Municipal Code of this 01 ty and embraced in Ordinance No. 551 of said city , a General Revision Ordinance which includes all the ordinances of this 01ty , of a general and permanent nature arranged in Chapters and Sections, was passed as such by the Mayor and Oouno1l , of the City -, of B1al r Washington County, Nebraska, pursuant to the rules and regulations prescribed by general law and by said Mayor and Oounoil for the passage of ordinances, and was duly approved by the Mayor of said city said passage and approval having been made on the 23rd day of August , 19 39, with respect to said Chapter aforesaid which as a part of Ordinance No. 551 has been published in pamphlet form by authority of the Mayor and Counail of said city and has been distributed by said city under direction of its duly constituted authorities pursuant to resolution of the Mayor and oounoil thereof. IN WITNESS WHEREOF, I have hereunto affixed my hand and seal ----, ORDINANCE RECORD 165 Compiled,þy Geo(ge .R.Mann, Lawyer, Lincoln, Nebraska. FORM NO, 124-5' VIZ FTO, CO, ORO. N'., ORDINANCE No. 551 , CHAPTER IS Introduction of Ordinance No. 551 Municipal Code of the City of , 'Chapter Blair 18 , of the Nebraska. Chapter Blair Councilman John E. follows, to-wit: And the matter now coming before the Mayor and Oouncll was the passage and approval of Ordinance No. 551 18 , of the Munic ipal Code of the 01 ty , Nebraska. This .ordinance was introduced Hansen, and is in words and figures , of by as Chapter 18 MISDEMEANORS An ordinance prohibiting persons from committing misdemeanorawith- in the corporate limits of the City of Blair, Nebraska, and defining the same as follows: Vagrancy; disturbing the peace, disturbing assemblages; provoking assault; gambling;trespassing; erecting or suffering to remain any obstruction in the sidewalk space and within any street; riding or driving on public side- walks; resisting officers; malicious destruction of property; indulging in baseball and other sports in streets; animals or fowls running at large; œlecbarging firearms, niggersbooters or slingshots within corporate limits; drunkenness; combustible chimney construction; carrying concealed weapons; prohibiting fires in open air in the Fire Limits except under certain con- ditions; prohibiting iires on pavement or near curb; soliciting alms and charities; petit larceny; indecent exposure of the person, indecent conduct, filthy acts; prostitution, pimping; maintaining disorderly house; exhibiting stallions, jacks and bulls except under certain conditions; storing or handling of dynamite, nitro-glycerine or other explosives except under certain conditions, dispensing gasoline or other petroleum products fxom"pumps located in street areas; storing petroleum products without permit; operating self-serve gasoline dispenser; electrical interference with radio reception; erecting barbed wire fences along streets 0:;' alleys; railroads' failure to drain their rights-oi-way, to keep crossings safe for public travel, t install and maintain crossing lights, automatic lights, signals ' or flagmen at designated crossings and to light their depot platforms; railroads obstructing streets; window peeping; drivin stakes in p~wement; removing landmarks and corners; cruelty to animals; constructing hitching posts without permit; injuring trees; public service Companies failing to locate or relocate poles, wires, mains or lines; sale of tobacco to minors; imper- sonating an officer; city officers interested in public contract ; failure to cut weeds; raising or cultivating certain plants or crops; cluttering vehicles, streets or private premises with hand-bills, advertising or prin~èd matter; providing for the repeal of prior ordinances in conflict; prescribing the time when this ordinance shall be in full force and take effect; and providing the penalty for the violation of the several provisions of this ordinance. BE IT ORDAINED BY THE MAYOR AND CO~mCIL OF THE CITY OF BLAIR, NEBRASKA: 155 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO, ".-" 01"2 PTG, co" ORD, NEB, and Support himself or herself in any honest and respectable calling, trade or business, who lives idly and without any visible means of SUpport for himself or herself and who shall be found loitering or strolling about in any street, avenue, alley, park or other public or private place within the city; or who shall go about begging in any part of the city, not having any regular business; or who shall occupy forth'a'purpose of lodging any barn, shed, shop or place other than such as is provided for that pur- POse, without permission of the owner or person entitled to the possession thereof. Any person found guilty of vagrancy as here- hi defined shall be punished as hereinafter provided. 17-454, C. S. N., 1929. Seo.2. DISTURBING THE PEACE; DISTURBING ASSEMBLAGES.- Any person or any two or more persons who shall assemble together within the corporate limits of the City of Blair; Nebraska, with the intent to do any unlawful act, by force or violence against said city, or against any person or persons, or association of Persons, or co:pporation or individuals; who shall do any unlawful act against the public peace, quiet, security or repose, or against the quiet, security or repose of any person or persons, within said city, or any two or more persons being lawfully assembled shall agree with each other to do or without agreement shall do, or by words, sigh or otherwise make any preparation or movement to do any unlawful act or acts as aforesaid, shall each and severally be deemed guilty of a misdemeanor, and, upon con- viction thereof, shall be punished as hereinafter provided. Any person who shall, within the corporate limits of this city, distur any lawful assemblage of people or who shall disquiet or disturb any congregation or assembly for religious worship by making any noise, or by rude or indecent behavior or who sha1lpublio1y curse or swear, or upon any street or sidewalk shall USe any prOfane, obscene, indecent, abusive or offensive 18~guage, or shall in any place, public or private, disturb the peace of others, or the good order and quiet of the City of Blai~ by violent, tumultuous 0 disorderly conduct, or by menacing, threatening or traducing, or assaulting, or striking, or wounding, or'ohallenging to fight, Or fighting another, or others, or by quarreling or rioting, shall be deemed guilty of a misdemeanor. '--ì 17~454, 28-412, C. S. N., 1929. Sec. 3. PROVOKING ASSAULT.- It shall be unlawful for any person or persons, within the corporate limits of the City of Blair, Nebraska, intentionally to provoke or attempt to provoke an assault upon himself or another by the uttering of grossly vile or insulting epithets applied to the assailed party or one so attempting to commit an assault, or to curse or swear at a person or use grossly vile names, or slander or abuse the oharactèr of another person with the intention of provoking an assault by said person. Art. III, Sec. 24, Const. of Nebr" 1919-1920; 17-122, C. S.N.,192 . Sec. 4. GMlBLING.- Every person who shall play at any game whatever for any awn of"money or other property of value, or shall bet or wager any money or prODertv {"¡f' ,"",1"" ,,~~~ __n ~c~,~ ~--~ --. . ORDINANCE RECORD 167 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ~-- the judgment or cOnViction, all ge.mbling eqUipment and parapher- nalia seized and exhibited in court shall be ordered confiscated and destroyed. 17-428, C. S. N., 1929. Sec. 5. TRESPASSING.- It shall be unlawful for any person to trespass upon any private grounds or parked plot within this city, or to break, cut or injure any tree, shrub, Plant, flower or grass growing thereon, or without the consent of the owner or occupant, to enter Upon any improved lot or grounds oCcupied for residence purposes, whether enclosed or unenclosed, or to lounge about the same or 11 e d own thereon. 17-143, 17-453, C. S. N., 1929. Sec. 6. OBSTRUCTIONS IN SIDEWAIJK SPACE AND STREETS.- It shall be unlawful for any perBIDn or persons within the corporate limits of the City of Blair, N~braska, to erect, maintain or suffer to remain on any street or public sidewalk or on any portion of the area between the lot line and the curb line of any street, any stand, wagon, merchandise, machinery or any other obstruction injurious to, inconvenient or inconsistent with the public Use of the same: Provided, that a reasonable time shall be allowed to remove goods, wares and merchandise being received and shipped. 17-455, C. S. N., 1929. Sec. 7. RTDnw OR DRIVING ON PUBLIC SIDEWALKS.- It is hereby declared unlawful for any person, firm or corporation, or their agents, within the corporate limits of the City of Blair, Nebraska, to ride, d:rive or permit to pass any horses, mules, oxen, cattle or other teams, or any vehicle drawn thereby or any motor \fehicle or motorcycle over, upon or across any sidewalk or sidewalk space between the lot line and the curb, parked plot or parking on or along any public street. 17-428, 28~729, C. S. N., 1929. Sec. 8. RESISTING OFFICER.~ It shall be unlawful for any person or persons to resist or abuse any sheriff, constable, chief of police, policeman or any other officer in the execution of his office in the said City of Blair, Nebraska; or to refuse or neglect to assist any such officer, when calbed Upon by him, in th making of any arrest or the conve~ring of a prisoner to jail. 17-428,28-580, C. S. N., 1929. Sec. 9. MALICIOUS DESTRUCTION OF PROPERTY.- It shall be unlawful for any person or persons within the corporate limits of this city purposely, wilfully or maliciously to injure in any manner or to destroy any public monument except by state, county or city authority, any tree, shrub, grass, plot or ornamental ground not his own or any real or personal property of any description belonging to another. 17-455, C. S. N., 1929. 158 ORDINANCE RECORD Compiled by George R. Mann. Lawyer. Lincoln, Nebraska. '... .-----. ..- FORM NO. '"' QUIZ PRTG. CO.. ORO. NEB. embarrass or retard the passage of any motor vehicle, horse- drawn vehicle or pedestrian. 17-455, 17-207, 17-428, O. S. N., 1929. Sec. 11. ANIMALS AT LARGE PROHIBITED.... The running at large or herding of horses,mules, c,attle, hogs, sheep or goats upon the streets, avenues, alleys, parks or public grounds within the corporate limits of this city; or the picketing, lariating, tying or securing by rope or otherwise, of any animal or animals upon any public street, alley, park, railroad right~of-way, private grounds of another or vacant lot or lots without the consent of the owner thereof, or the herding or running at large of any such animals upon open groundswithin the city, 1s hereby prohibited an declared a niusanoe. . Sec. 12. FOWLS RUNNING AT LARGE.- It shall be and hereby is declared unlawful for the owner or keeper of chickens, ducks, geese, turkeys, guinea foWls, or any other fowls to permit the same to run at large within the corporate limits of this city at any time. 17-139~ 17-454, C. S. I., 1989. Sec. 13, FIREARMS NOT TO BE DISCHARGED IN CITY LIMITS.- No person, except a~ officer of the law in the discharge of his duty, shall fire or discharge any gun, pistol, fowling piece or other firearm within the corporate limits of this city. l7~454, o. S. N" 1929. Sec. 14. AIR GUn, NIGGERSHOOTER OR SLINGSHOT LOADED WITH DANGEROUS ,MISSILE NOT TO BE DISCHARGED IN CITY LIMITS.- It shall be unlawful for any Person or persons to discharge, or cause to b discharged, any toy pistol, toy gun, air gun, or any other arm or arms, or any niggerShooter or slingsh~t loaded with rock or leaden or other dange:tous missiles, at any time or under any CirctiWstanoes, within the limits of this city, ' 53-374, O. S. SuPp., 1937. Sec. 15. DRUNKENN~SS; NARCOTIC DRUGS OR BARBITAL, UNDER INFLUENCE OF.- If any person shall be found in a state of intox- ication or und.er the influence of narcotic drugs or barbi tal within the corporate limits of the City of Blair, Washington Coupty, Nebraska, he shall be deemed guilty of. a misdemeanor, and any peace officer shall, without a warrant, take such person into custody and detain him until a complaint can be filed before a magistrate and a warrant be issued for his arrest; upon arrest, if found gun ty, he sha,ll be fined not more than Fifty Dollars ($50.00), and the costs of prose«:;;utìon, and, in default of payment thereof, shall be adjuè.ged to stand committed to the city jail until such fine and costs be paid, secured or otherwise dis- charged according to law. 17-447, O. S. N., 1929. Sec. 16. CHIMNEYS, CONSTRUOTION.- His hereby declared un- lawful for any person. firm 1'\.,. "'I"\"""^~~"" -- -,.. . ORDINANCE RECORD. ]".'9 ü Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. vided, shall be made smooth on the inside from the bottom of the flue or from the throat of the fireplace, if the flue starts from the latter; and shall be carried up continuously to the extreme height of the flue. The ends of all lining pipes shall be n~de t fit close together; the pipe shall be built in as the flue or flues are carried up and shall extend at least six inches above the cap of the chimney. Each flue shall be enclosed on all sides with not less than four inches of solid brickwork properly banded together, and the withes or brickwork between the lined flues on the inside of the chimney shall be four inches in thiok- ness. All chimneys, flues and fireplaces shall be kept at all times 01 ean and free from accumul aU on of soot, ashes and cinð.ers, and in good and proper repair. . ~7-454, C. S. N., 1929. Sec. 17. CONCEALED WEAPONS.- It shall hereafter be unlawful for any person or persons within the corporate limits of this city to carry about the person any concealed pistol, revolver, bowie-knife, billy, slingshot, metal knuckles or any other danger OUs or deadly weapon of any kind, except only officers of the law in the discharge of their duties.. . 17-139, 17-447, 17-448, C. s. N., 1929. Sec. 18. FIRES; PROHIBITED IN FIRE LIMITS': TRASH BURNERS: INCINERATORS: METALLIC CANS, WIRE OONTAINERS.- It shall be un- lawful for any person or persons to build or cause intentionally to be bunt or set out any fire in the open air wi thin the Fire Limits of this city hereinbefore established in the chapter entitled Fire Limits. It shall be lawful, however, for any person or persons within the Fire Limits above mentioned to build or set out fires in the said district: Provided, the person or persons bUilding such fire shall have the substance to be burned in some fireproof trash burner or incinerator, metallic Can or wire container wi th the openings. thereof completely Covered' wi th fireproof screp,n of not more than one inch mesh, so built as not to permit the escape of burning paper or other sub- stance unless such person or persons shall require such fire in the course of his trade as blacksmith or other mechanic or if such fire is built under the Supervision of the chief of police; and provided further; that such fires shall be built after seven o'clock A. M. and completely extinguished by four o'clock P.M. of the same day unless such fires are required by blacksmiths or other mechanics in the course of their trades. Sec. 19. SA}Æ; PROHIBITED ON PAVE1ŒNT OR NEAR GURB.- Under no circumstances shall any person, firm or corporation set out any fire on or near any pavement or curb now built, or hereafter to be bUilt, within the corporate limits of this city, or in any street therein where the same will burn or discolor or do damage to any such pavement or curb or where the ashes of the substance burned will retard the flow of water along the gutters of said streets. 17-454, O. S. N., 1929. ñ "'^, ---.. .. ~ Sec. 20. SOLICITING ALMS AND CHART'T'Tli'f~ - T... . - , . , 170 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. . -------- ..----.- FORM NO. >01 QUIZ PRTG, CO.. ORD. NEB. wri ting especially authorizing him, them or it to conduct such operations within the limits thereof. 28-517, O. 8. N., 1929. Sec. 21. PETIT LAROENY.- If any person shall steal any money or goods and chattels of an¥ kind whatever, of less value than Thirty-Five Dollars ($35.00), the property of another, or shall steal or maliciously destroy any money, promissory note, bill of exchange, order, draft, receipt, warrant, check or bond given for the payment of money, or receipt acknowledging the receipt of money or other property of less value than Thirty-Five Dollars ($35.00), every person so offending shall make restitution to the party injured in two-fold the value of the property stolen or destroyed, shall be deemed guilty of 8, misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than Five Dollars ~5.00) nor more than One Hundred Dolla.::I's ($100.00), and, in default of payment thereof, shall .be adjudged to stand com- mi tted to the oi ty j ail until such fine and co.sts of prosecution are paid, secured or otherwise di scharged according to la,w. --I 17-428, O. S. N., 1929. Sec. 22. NUDITY; INDEOENT CONDUCT; INDECENT EXPOSURE OF PERSON.- Any person who'shall, within the limits of the City of Blair, NebraSka, appear in any public place in the state of nudi ty, which shall be construed to include lack of covering or nakedness of the body of a male person above the waistline of such male person, or. make any indecent exposure of his or her person or be guilty of any indecent or lewd act or behavior, shal be deemed guilty of a misdemeanor. '17-122, 17-207, 17-428, O. S. N., 1929. Sec. 23. PROSTITUTES, HARBORING; PIMPING, PROSTITUTION; DISORDERLY HOUSE, DEFINED.-It shall be unlawful for any person to cause or permit any prostitute or lewd woman to visit. or frequent his room or lodging place at any time; and it shall be unlawful for any person within the corporate limits of this city to follow the vocation of a common prostitute or to engage in any manner in prostitution or pimping, either in a disorderly house, bawdy house or elsewhere; and it shall be unlawful for any woman to solicit, invite or permit any man to visit her room or lodging place in the day time or night time for the purpose of unlawful sexual intercourse. For the purpose of this section, a disorderly house shall be defined as any place kept in such a manner as to disturb, annoy or scandalize the public generally or persons within the particular neighborhood; and any place kept for the purpose of public resort with drunkards, prostitutes or other idle or vicious people, and, any place of public resort. where illegB,1 practices axe habitually carried on to the corrup- tion of the public morals or Mfety. It shall be unlawful for any person, firm or corporation to keep, run or maintain a dis- orderly house, as defined in this section within the corporate limits of this city. I 17-428, C. S. N., 1929. .. . A"A .._~ ~n. - ,., T... -'--" ....- ..-, -~....., ORDINANCE RECORD 171 Compiled by George R. Mann. Lawyer, Lincoln, Nebraska. --- --. -" ---,.---.- to any basement, excavation or area in or under or leading from' any sidewalk space in the City of Blair, nebraska, or to Bpi t or expectorate on the floor, wall or stairway in any hall of any public building in said city. 17-139, C. S. N., 1929. Sec. 26. DYNAMITE, NITRO-GLYCERINE, EXPLOSIVES; CRANK CASE DRAINI~GS; INFLAMMABLE SUBSTANCES.- It shall be unlawful for any person or corporntion to store at any place in said city, any nitro-glycerine, gynamite, gun cotton, giant powder, gun powder or other inflammable substances except 80S hereinafter provided. All explosives and inflammable substances kept in stores for Bale or for manufacturing purposes within the city shall be in vessels and places removed from the reach of stoves, fires, lights and flues s that the same shall not be wi thin reach of any fi re kept wi thin or without the building; and the same shall be kept at suitable temperature so as to prevent explosion or ignition of any such substances. No person, f,irrn or corporation shall keep any quantity of gun or blasting powder or other similar explosive within the city in excess of one hundred po~nds in any buil~ng, store, excavation, or structure of any nature whatever. No person shall sell or in any manner dispose of or handle gun or blasting powder or other explosives of similar nature in the city in a loose state except during daylight or by incandescent electric light at night. Gun powder may be stored in fire-proof magazines in quantities not exceeding eight hundred po\1nds, but such magazine shall be located on grounds designated by the mayor and council upon recommendation of the chief of the fire department: Provided, such magazine shall be plainly marked powder magazine. Nothing in this section shall be construed to give any person any prescript1.ye right to store or keep any powder in any magazine, located according to the provisions of this ordinance but the permission to maintain such magazine may at any time be amended or wholly withdrawn. No home-made oil burning stoves òr devices that burn crank case drainings shall be permitted within the corporate limits. ' 17-454, C. S. N., 1929. Sec. 27. CURB PUMPS, NOT TO BE REPAIRED OR REPLAOED IF WITHIN STREET A:REA; KEROSENE, GASOLINE, VOLATILE OILS, STORAGE OF, PER-- MITS:.REQUIRED; SELF-SERVE GASOLINE DI SPENSERS, PROHIBITED. - It' shall be unlawful for any person, firm or corporation to repair or replace any curb pump used or useful for dispensing gasoline or other petroleum product or any storage tank in connection there- with, if such curb p\1mp be situated within the limits of any street. It shall be unlawful for any person, firm or corporation to erect any buildings or tanks for storage of large quantities of petroleum products or inflammable' oils or to store kerosene, gasoline or other petroleum products in large quantities in barrels for the purpose of carrying on th~ oil business within the cor- porate limits of this city, unless said persons, firms or corpora- t ions secure a permit so to do from the mayor and council, in writing. Said permit shall specify the exact location where such storage tankß may be placed or where and under what conditions such kerosene, oil and gasoline in barrels may be stored. The mayor and council is hereby empow~ed, at any time the public good Ao"""",";o +" """"'" +'ho ...om"",.,,1 ....of' lrA.',.......,o",c +""lr., 0'""""1;,,,.. +.",,¡,.,,'- 172 ORDINANCE RECORD , Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO. 101 QUIZPRTO, CO.. ORD, NEB. viced therefrom stands in any street or alley therein. All pump or any other mchanioal measuring devices used for retailing or dispensing gasoline shall be securely locked so that no liquid can be drawn therefrom except when the operation of said. pumps or other devices is under the supervision and in charge of an attendant. -. 17-428, C. S. N., 1929. Sec. 28. ELEOTRICAL INTERFERENOE, RADIO RECEPTION, WITH, IS. Any person, firm, a.ssocia,tion or corporation operating or oausin tobe operated any oil burner, motor, sign or other electrical apparatus within the corporate limits of the City of Blair, or oonneoted:with any light and power system..in said oi ty or any suburban or farm lines, which shall cause unnecessary electrical interference with radio reception shall equip such apparatus with proper filtering attachments to eUminate the interference: Provided, the foregoing shall not apply to the use of necessary medical or health equipment or apparatus where said'interferenoe cannot be reasonãbly eliminated. .l. \ Sec. '29. BARBED WIRE FENCES, ERECTION; PROHIBITED.- It shall be unlawful for any person, corporation, or association of persons, to hereafter construct, build> or erect a barbed wire fence of any kind whatsoever, or any fence constructed by using barbed wire, along or adjoining any street or alley, or any part or portion of any street or alley inside the limits of the said ci ty', where any sidewalk is now or shall hereafter be constructe and used, or opened and used generally for public travel, when the same is not guarded by some other fence or structure, so tha the barbed wire fence can in no manner be injurious to the general public. Sec. 30. RAILROADS, DRAINAGE.- It shall be the duty of any railroad company, its employees, agents 01' servants, owning, maintaining or operating a railroad within or through the corporate limits of the City of Blair to construct and keep in repair at their own expense di tches, drains and. culverts along and under its railroad tracks at all plàces within the limits of said city where the same may be neceSSA.ry for the escape of water and the proper draining of the territory on either side of said railroads. Sec. 31. SA1Œ; FAILURE TO CONSTRUCT, PENALTY. - When any such drains, ditches or culverts may be necessary for the escape of water and the proper drainage of the t erri tory on ei ther side of any such railroad track, the mayor and council may, by resolution, call upon the,'proper railroad company to construct or repair the said duÙn, di tch or culvert and to place the sarne in proper conditt on for the esce.pe of water for the proper drainage of the terYitory on either side of said railroads. A copy of every such resolution shall be served upon the local agent of the railroad company whose duty it is to construct or keep in repair any such drain, ditch or culvert; an for a failure or re~usal to comply with any Buoh resolution with in fourteen days after the service thereof, as aforesaid, such railroad oompany, its local agent, section foreman or the employee in charge of the maintenance and way through said city, --'I ORDINANCE RECORD """3 Jo. ¡ Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. 17-145, C. S. N., 1929. Sec. 32.RAUROADS, KEEP CROSSINGS, SAFE.- It shall be the duty of all railroad companies owning, opera.ting and maintaining a railroad passing through the corporate limits of this city to place, keep or maintain at. their own expense all places within their right-offway where the public streets or alleys of the city intersect and cross any of said railroad tracks in a suitable and safe condition for public travel over and across the same. See, 33. 8M/IE, CROSSINGS UNSAFE, PENALTY.- If any such cross- ing shall be at any time in bad condition or unsafe or.inconvenien for public travel,' the mayor a.nd councl 1 may, by resolution, oall upon the proper railroad company to repair or replace said cross- ing and render the Same safe and convenient for public travel. A copy of every such resolution shall be served upon the local agent of the ra~lroad company whose duty it is to maintain such crossing' and for a failure or refusal to comply with such resolution within thirty days after the service thereof, as aforesaid, such railroad company shall be deemed guilty of a misdemeanor, and upon con- viction thereof, shall be fined in any sum not less than Twenty- five Dollars ($25.00) nor more than One Hundred Dollars ($100.00); and if such resolution be not complied with within thirty days after the service thereof as aforesaid, every neglect for each twenty-four hours thereafter shall be deemed and is hereby made a separate and distinct offense against the provisions of this ordinance, and, upon conviction thereof, as aforesaid, shall be adjudged to stand committed to the city jail until such fine and costs of prosecution be paid, secured or otherwise discharged according to law. 17-501, o. S. N., 1929. Sec. 34, S:AME, CROSSING LIGHTS.- At all points within the corporate limits of the City of Blair, Nebraska, where any rail- road or railway track shall intersect any platted street, there shall be installed and maintained, when ordered by the motion or resolution of the mayor and council, wholly at the expense of said railroad company or said railway company maintaining said inter- seating railroad or railway, an electric light of at least such power and strength as is commonly used by said City of Blair, for its street lighting, which said electric light shall be kept lighted at all times between one hour a~ter sunset in the evening 'and. one hour before sunri se in the morning following. Any rail- road company, or its servants, violating any of the provisions of this section, shall, on conviction the~eof be punished in like manner as provided in Section 33 of this chapter. 17-146, C. S. N., 1929. See, 35, SAME, AmTOMATIC LIGHTS, SIGNALS TO BE INSTALLED AT DESIGNATED CROSSINGS, FLAGMEN.- When ordered by the mayor and council, approved. automatié lights or signals shall be installed at designated crossings. Said wig-wag lights and bells shall be kept in good working order at all hours of the day or night so that all persons approaching said crossings, or ei thaI' of them, will be warned of the danger of approaching trains, engines or cars on the tracks of said. company, Likewise the mayor and counc.l ma.Y order railroad companies to keep f18>gmen at designated - . - -- 174 ORDINANCE RECORD I ~:d:~:::n::"':~:~:::::'b~::d "ity to obstruct ::":;"~~~-:::,~. street s' wi thin said, oi ty by leaving trains or cars stand ing thereon so as to prevent the public from crossing said 1'ail1'oad tracle or tracks, for a longer period at one time than five minutes except in 08.se of inevitable accident. It shall be unlawful for any such railroad company, its employees, agents or servants, to spot cars or to leave the Same standing on .any switch or service track, so that the same obstruct or remain within the limits of any street or within five feet from1:he boundary thereof. l7~501, C. 8. N., 1~29. . Sec. 37. SA~æ, DEPOT PLATFORMS TO BE LIGHTED.- Railroad compan as within the corporate' limits of the City of Blair, shall, wholly at their own expense, construct and maintain on their depot plat- forms electric light or lights at such height and of such candle- power ample to light such platforms, as the mayor and council shall be resolution direct. 17-122, C. S. N., 1929. 8ec.38. WINDOW PEEPING.- It shall be unlawful for any person or persons to go upon the private premises of another within: the City of Blair, Nebraska, and look or peep into any window, door or other opening in any building looated thereon, which i8 . occupied by any person or persons as a place of abode or to go upon the private premis~s of another for the purpose of looking or peeping into any window, door or other opening in any building thereon, which is occupied by any person or per~ons as a p1aoe of abode. 17-455, C. S. N., 1929. Sec. 39. DRIVING METAL STAKES OR PINS IN PAVE1ŒNT.- It shall be unlawful for ~my person or persons to drive any iron or other metal stakes, pins or other substance into the pa.vement of the City of Blair, or otherwise purposely injure said pavement, and any person or persons who shall be found gun ty of violating any of the provisions of thi 8 section shall be deemed guLL ty of a misdemeanor, and, upon conviction ther8of{ shall be fined in any Bum not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00), and, in default of payment thereof, shall be adjudged to stand committed to the city jail until such fine and costs of prosectuion are paid, secured or otherwise dis- charged according to law. 17-144, 39-841, C. S. N., 1929. Sec. 40. REMOVING STAKE 1~RKS; OBLITERATINGLANDMARKSí CORNERS- It shall be unlawful for any parson or persons to break, remove or destroy any stone 01" stake, landmark or corner. marking any street, block, lot or public ground, except by proper authority. Any person or persons who shall be found gui.,lty of violating any of the provisions of this section shall be deemed guilty of a mis- demeanor. and, upon conviction thereof, shall be finedin any sum not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00), and, in default of payment thereofp shall be adjudged to stand committed to the city jail until s':1°h fine and -~I ORDINANCE RECORD 175 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. - -------..-- --- ----------- ' ----- --- ---------------_.-- within the corporate limits of this city; or wilfully or care- lessly fail to provide sufficient food or shelter for any such animal at any season of the year. Any person or persons who shall be found gun ty of violating any of the provisions of this section shall be deemed guilty of a misdemeanor, a.nd,upon conviction thereof,shall be fined in any sum not less than Five Dollars ($5.0 ) nor more than One Hundred Dollars ($100.00), and I in default of payment thereof, shall be adjudged to stand committed to the city jail until such fine and costs of prosecution are paid, secured or otherwise discharged according to law. 17-453, O. 8. N., 1929. Sec. 42. HITOHING POSTS.- It is hereby declared unlawful for any persOn or persons to place or construct, alter, repair or remove any hitching post in the corporate limit s of the 01 ty of Blair, except upon order or permission of the street commissioner of the City of Blair. Any person or persons who shall be found guilty of violating any of the provisions of this section shall be deemed guilty of a.misdemeanor, and, upon conviction thereof, shal be fined in any sum not less than Five DollaTs ($5.00) nor more' than One Hundred Dollars ($100.00), and, in default of payment thereof, shall be að.judgedto stand 0) mmi tted to the city jail until such fine and oosts of prosecution are paid, secured or otherwise discharged according to law. 17-453,18-606, C. S. N., 1929. Sec. 43. INJURY TO TREES.-Any person who purposely or care- less1yand without lawful authority cuts down, roots up, carries away, injures, breaks down or élestroys any fruit, shade or ornamental trees planted or growing in or upon any street, alley or public ground of the Oi ty of Blair, Ne-braska, shall, upon being found guilty of violating any of the provisions of this section, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00) I and I in default of payment thereof shall be adjudged to stand rommitted to the city jail until such fine and costs of prosecution are paid, secured or otherwise di soharged accord ing to law. 17-453, O. S. N., 1929. Sec. 44. POLES, WIRES, GAS MAINS, PIPE LINES OF PUBLIC SERVICE OOMPANIES.- Poles, wires, gas mains, pipe lines and other appurtenances of public service companies shall be erected or located over, upon or under the streets, alleys and common grounds, or elsewhere, within the corporate limits of this city, only after application shall have been made to the committee on streets and alleys thereof and permission in writing shall have been given by the mayor and council so to do. Public service companies hereto- fore or hereafter granted right-oT-way for the erection and main- tenance of poles, conduits, gas mains, pipe lines, a~d wires and . all appurtenances thereto, for the purpose of transacting their business upon; under and over the streets, älleys and public grounds of the ci ty of .Blair, Nebraska, shall at all times when requested by the mayor and council of said ci ty, erect, locate or relocate their said poles, wires, gas mains, pipe lines and other ----- u.L_~- ~- - -,~ -~- -- u_-" ,- -..-'- ------- -- ..__.~_..._'" "'-.. 176 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO, 'o' ou" F"TO, CO.. ORO", NEB, -- ...----....- ,..' whenever reasonable 'means of ingress or egress to private or publi property or to the public safety or convenience requires the relocation of the poles, wires, gas mains, pipe lines or other appurtenances of public service companies which ~ow occupy a~y port ion of the public street or alley from. Jot llne to lot llne, the mayor and council shall notify the said company or companies 0 their agents at Blair, Nebraska, or at the place where any other office of company is located, and the said company or companies shall within twenty-four hours after receiving said notice, at their own expénse, cause the said poles, wires, gas mains, pipe lines or other appurtenances to be removed. The mayor and counc~l of this city sball designate some place as close as possible where said poles, wires, gas mains, pipe lines or other appurte- nances may be reset or placed. All poles, wires, gas mains, pipe lines or other appurtenances shall be erected in such a manner that they will not interfere with the water system, the sewer system, or the wires, lines, equipment, or apparatus of any public utility of or in theOity of Blair, located on the same street or alley, or with the travel through the streets and alleys of said city, or with the buildings now erected or which may be hereafter erected. When permitted, such water mains, sewer pipes, pole line, wires, gas mains, pipe' lines, or appurtenances shall be confined t the alleys where possible. . 28-1022, C. S. N., 1929. Sec. 45. SALE OF TOBACCO TO MINORS.- It shall hereafter be unlawful for any person, ftrm or corporation to sell cigars, tobacco, cigarettes or cigarette materials to any person under the ag~ of twenty-one years within the corporate limits of the City of Blair, Nebraska. 28-715, O. S. N., 1939. Sec. 46. IMPERSONATING OFFICER.- If any person other than a regular policeman, police officer, inspector, officer or employee of this city shall, within the limits of the City of Blair, wear a bað.ge similar to or resembling the ba:dges prescribed for or furnished the police force of this city, ox any inspector, officer or emploYée thereof, or shall falsely and wilfully personate or endeavor to personate any such policeman, officer or employee or shall falsely pr~tend to be a policeman, officer or employee, and shall seek to exercise any authority as such, or shall'do or attempt to do any other act under co lor of 21.1ch pretended author- ity, every such person shall be deemed; guilty of misdemeanór. -l Sec. 47. CITY OFFICER, INTERESTED IN PUBLIC CONTRACTS, NOT TO BE.- No officer of this city shall be interested directly or indirectly, in any contract to which the city or anyone for its benefi t, is 8, party; 8.nd such interests in any such contract shall void the obligation thereof on the part of the city. No officer shall receive any payor perquisites from the city other than his salary for performing his statutory or ordinance duties, as hereinafter provided in this code; and the council shall not payor appropriate any money or any valuable things to any person not an officer for the performance of any act, service or duty, the fuing or performance of which shall come within the proper scope of the duties of any officer of the city. ! ORDINANCE RECORD 177 Compiled by George R. Mann, Lawyer, Linc~ln, Nebraska. ." .-.- ...........-" . ..... ... ... ... pa,rked plots in paved or unpaved streets therein or on the side- walks, alleys or. streets from curb line to lot line abutting or contiguous to such lot, lots or parcels of ground to hinder or obstruct travel along the sidewalks or to permit the growth of weeds,hay,grain or grass thereon that may become dangerous in causing fire or from which seeds of rank and noxious weeds may be propagated and scattered to lots or parcels of ground adjacent thereto. . Seo. 49. SAME; NOTICE TO REMOVE; REMOVAL BY CITY; SPEOIAL ASSESS1ŒNT.- Whenever the weeds, hay, grain or g~ass growing on such a lot, lots or parcels of land or in parked plots in streets or in streets from curb line to lot line or in alleys or along sidewalks abutting or contiguous thereto shall become a hindrance to travel or shall. in the opinion of the street oommissioner or the committee on streets and alleys, have become dangerous in causing or spreading fire or may propagate and scatter seeds of rank and noxious weeds to adjacent lots or parcels of ground, it shall be the duty of the street commissioner or other appointive officer designated by the mayor and oounoil of this city to notify in writing the owner or occupant whose lot or lands abut said sidewalk or parked plot in the stree~ areà beyond the outer side- walk line, or his or her agent, to cut down or remove such weeds, hay, grain or grass; a{ld if said weeds, hay, grain or grass are not out down and removed within fiv'e days, the street commission~r, or other appointive city officer aforesaid, shall cause the Same t a be d one at the expense of said c1 ty. The money thus expended shall be recovered by the city from"b.he owner or occupant afore- said before any court of competent jurisdiction or shall be assessed as a special tax upon the property owner and be collected as B special tax assessment. Seo.50. RAISING OR CULTIVATING OERTAIN PLANTS OR CROPS.- It is hereby declared unlawful for any person, persons, firm or corporation hereafter to plant, cultivate or raise within the corporate limits of the City of Blair, Nebraska. any general field or farm crops attaining a height of more than four feet, not including, however, sweet. corn or any other ga,rden or truck crop, but including especially field corn, cane, sudan grass orkaffir corn: Provided, nothing herein contained shall be construed a,s restricting the right of any person to raise or cultivate any or all of the crops mentioned herein upon any lot, piece or parcel of land wi thin the corporate limits of said ci'ty not closer than one hundred feet to any dwelling w1thinsaid city. 17-455, C. S. N., 1929. Sec. 51. SIGNS, BILLS, CARDS, PICTURES; POSTING, PASTING: CLUTTERING PREMISES, STREETS, VEHICLES.- It is hereby declared unlawful to paste, nail or otherwise attach any signs, bills, or pictures upon any telephone. telegraph. electric light or other poles or posts in the streets of the City of Blair, Nebraska, or to paste or paint any sign, card, picture or other de~ice upon any sidewalk or crosswalk in the streets of said city. It 1s heTeby also declared unlawful to cast, place, drop. leave, päste, stick, paint or otherwise attach any sign, circular, card, picture or other device upon, in or to any automobile or other motor vehicle in the City of Blair, without the consent of the owner of "",,1 IÌ "",t.",m",'hi 1 A r>,. ",t.n"". mr>t.n"!' vAhiolA. or for anv person to l_.t Ö ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ."-~~-" NO. '.°1 OUI% 'RTO. CO.. ORO. NEB .-..-.-------.---... Sec. - 52. VIOLA'l'IOH. PENALTY. - Any person, persoIls, firm, company or corpóratlon, who shall be convicted of violating any of the provisions of this chapter, for which penalty is not elsewhere therein provided, shall, upon conviction thereof,.. be fined in any sum not less than One Dollar ($1.00) nor more than One Hundred Dollars ($100.00), and, in default of payment thereof, shall be adjudged to stand committed to the city jail until said fine and costs of prosecution are paid, secured or otherwise discharged according to law. Sec. 5:3. REPEAL OF PRIOR ORDINANCES IN GONFLICT.- All ordinances and parts of ordinances passed and approved prior to the passage and approval of this ordinance and in conflict therewith are hereby repealed. Sec. 54. WHEN OPERATIVE.- This ordinance shall be in full force and take effect from and after its passage, approval and publication according to law. Passed and approved August 23. 1939. !?¿k~ P. C. SORENSEN, Mayor. ATTEST: ~ -î I RISTENSEN, City Clerk. (SEAL) ORDINANCE RECORD 179 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ,aRM NO, "H' OUO, PTG, CO.. "RD, NE., FIRST READING i'-, The Mayor then instructed the Clerk to read by title Ordinance No. 551 ,Chapter 19 , of the Municipal Code of the C1 ty of Blair , Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 551 ,Chapter 18 , by title upon its first reading. Whereup~n Councilman K. P. Hundahl moved that said Ordinance N°.551 , Chapter 19 , be approved on its first reading and its title agreed to. Councilman Martin Kuhr seconded this motion. ,Whereupon Councilman C. E. MoComb called for the question. The Mayor put the question and instructed the Clerk to call the roll for tha vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HUNDAHL, KUHR, McCOMB, CHRISTENSEN, HOLSTEIN, ROUNDS, HAN SEN, PAULSEN. Nays: None. Motion: Carried. Whereupon the Ordinance No. 551 , Chapter 19 and, its title agreed to. Mayor declared said , approved on its first reading SUSPENSION OF RULES Whereupon it was moved by Councilman Alfred Paulsen and seconded by Councilman John E. Hansen that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said ordinance might be introduced, read, approved and passed at the same meeting. Councilman Emmett Rounds called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: PAULSEN, HANSEN, ROUNDS, KUHR, McCOMB, HUNDAHL, CHRISTENSEN, HOLSTEIN. Nays: None. Motion: Carried. Whereupon the Mayor declared the' statutory rules in regard to the passage and approval of ordi- nances suspended so that Ordinance No. 551 " Chapter 19 , might be read by title the first and second times, and at large the third time with the "Yeas" anj "Nays" each time called and recorded, approved and passed at the same meeting. SECOND READING Ordinance No. 551 , Chapter 19 , now comes on for second reading. ,The Mayor instructed the Clerk to read said Ordinance No. 551 ',Chapter 19 , by title upon its second reading. The Clerk then read said Ordinance No. 551 ,Chapter 18, by title upon its second reading. Whereupon Councilman Dewey Holstein moved that said Ordinance No.55l ,Chapter 18 . be approved upon its second reading and its title ,agreed to. Councilman C. M. Christensen seconded this motion. Whereupon Councilman Alfred Paulsen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the ~ .'. ~,-- _uL- -- ~'I...'- -~+,~_. 130 ORDINANCE RECORD Compiled by GeorgeR. Mann, LaWyer, Lincoln, Nebraska. FOA NO. a.... "<Z PT THIRD READING Said Ordinance No. 551 ,Chapter lS , now comes on for third reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter lð , at large upon its third reading. The Clerk read said Ordinance No. 551 , Chapter lð , at large upon its third,reading. Whereupon Councilman Dewey Ho!stein . moved that said Ordinance No. 551 , Chapter lð , bea,pproved on its third reading and its title agreed to. Couno1lmanEmmett Rounds seconded this motion. Whereupon Councilman K.P.Hundahl called for. the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HOLSTEINt ROUNDS, HUNDAHL,OHRIBTENSEN, HANSEN, McCOMB, KUHR, !!.AULSEN. Nays: None. Motion: Carried. Ordinance No. 551 reading and its title l Whereupon the Mayor declared said ,Chapter lð , approved on its third agreed to. FINAL PASSAGE The Mayor declared said Ordinance No. 551 , Chapter lð of the Municipal Code of the 01 ty of Blair Nebraska, having been read by title the first and second times and at large the third time, the rules having been suspended and the "Yeas" and "Nays" having been called and recorded four times, and each time duly approved and its title agreed to, the question is "Shall said Ordinance No. 551 ,Chapter lð, of the Munioipal Code of the City of Blair, Nebraska, finally pass?" Councilman O. M. Christensen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was tþe vote on this motion: Yeas: OHRISTENSEN, HOLSTEIN, ROUNDS, HANSEN, PAULSEN, MoCOMB. KUHR, HUNDAHL. Nays: None. . Motion: Carried. All members having voted on the affirmative for the final passage of said Ordinance No.55l ,Chapter lð the declared said Ordinance No. 551 ,Chapter 1$, duly passed and adopted as an ordinance of the City of Blair , Nebraska. -l APPROVAL Whereupon the Mayor approved said Ordinance No. 551 Chapter 1$, of the Mw1Ìcipal Code of the Oi ty of Blair Nebraska, by subscribing his name thereto, and the Clerk attested sai9 signature of the Mayor by subscribing his name thereto and affixing thereon the seal of the ~1ty of Bla1r Nebraska. The above proceedings of the Mayor of this a1 ty with reference to the had on the 23rd.' day of Augu at and Counoil ordinance aforesaid, were , 19;9 . PUBLICATION 'l ORDINANCE RECORD 131 Compiled by George Ro Mann, Lawyer, Lincoln, Nebraska. FORM NO. "..oR OUI> PTO, CO" ORO, .no AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA 1 rSS. WASHINGTON COUNTY. J I, JOHN A. RHOADES , of iawful age, be ing first duly sworn on oath, say that I am the owner and publisher of The Enterprise , a printing and publishing oom- pany in the City of Blair , in said county and state; that the foregoing Chapter 19 ,included in Ordinance No. 551 ,of the C1ty of Blair Washington County, Nebraska, was by .:tæe The Enterprise ,printed and published in pamphlet form in saidCi ty of Blair, in pursuance of the statutes of the State of Nebraska and the ordi- nances of said City òf ,Blair , Nebraska, in such cases made and provided, and by order and under authority of the Mayor and Council of Blair Ws.shington County, Nebraska, as shown by the following reso- lution passed by its said Mayor and Counoil August 24 , 1939: "BE IT RESOLVED BY THE MAYOR OF THE CITY OF BLAIR AND COUNCIL , NEBRASKA: 1. That the Oi ty Clerk be and he is hereby instructed to cause Ordinance No. 551 , a General Revision Ordinance which em- braces all ordinances of said 01ty of a general and permanent nature divided into 2g Chapters with the several sections there- under, to be published in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Federal Securities Building, Lincoln, Nebraska. ------- ------ -- -- --- .-" -- -- -- -- ---------- -¿-tI!¿~- -- -- ------ 0- .~x~.~xix«t~ P. C. SORENSEN, Mayor. Attest: "ïí~~~~( C ity)cï,-;: k 0 (SEAL) , Introduced by Counoilman John $~ Hansen; Adopted August 24 , 1939. ----', ~ ~" , ~...'" ". 182 ORDINANCE RECORD Compiled by George R. Mann, Lawver, Lincoln, Nebraska. FORM NO. 124-0' OU12 PTO. CO.. ORO. "n, . - CERTIFICATE OF PASSAGE CITY OF BLAIR l I SS. I --I STATE OF NEBRASKA COUNTY OF WASHINGTON I, HENRY CHRI STEN SEN City Clerk of the Oi ty of Blair , Washington County, Nebraska, hereby certify that the annexed ordinance, purporting to be Chapter 19 of the Municipal Code of this city and embraced in Ordinance No. 551 of said city , a General Revision Ordinance which includes all the ordinances of this city , of a general and permanent nature arranged in Chapters and Sections, was passed as such by the Mayor and Oouncil , of the City of Blair Washington County, Nebraska, pursuant I to the rules and regulations prescribed by general law and by said Mayor and Counc1l for the passage of ordinances, and was duly approved by the Mayor of said city said passage and approval having been made on the 23rd day of Augua.t , 19 39, with respect to said Chapter aforesaid which as a part of Ordinance No. 551 has been published in pamphlet form by authority of the Mayor and Council of " said city and has been distributed by said city under direction of its duly constituted authorities pursuant to resolution of the Mayor and Council thereof. IN WITNESS WHEREOF, I have hereunto affixed my hand and seal this 19th day of September , A. D., 19 39. I ORDINANCE RECORD "g 0 3 !. u, Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. . . .....---.....------ ......._.-===.__.J'.~~~"::'Q!'L~L~~..,d!.""'..._- ORDINANCE No. 551 , CHAPTER 19 . Chapter 19 Blair , of the .. Nebraska. Introduct i on of Ordinanc e No. 551 Municipal Code of the City of Chapter Blair Councilman C. E. follows, to-wit: And the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 551 , 19 , of the Municipal Code of the City of . Nebraska. This ordinance was introduced by McCo~b , and is in words and figures as OHAPTER19 OCCUPATION TAX An ordinanòe placing a tax on certain occupations and lines of business carried on wi thin the corporate 11m1 ts of the Oi ty of Blair, Nebraska; excepting interstate and government busi- ness;providing the steps to be taken in the collection of said tax; providing for the repeal of prior ordinances in oon- fl1et;prescribingthetime when this ordinance shall be in full force and take effect; and providing a penalty for the vio- lationof the several provisions of this 0 rdinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE OITY OF BLAIR, NEBRASKA: 17-436» c. S. N.~ 1929. Section 1. TAX, PURPOSE; CREDITED TO' GENERAl.. FUND.- For the pu'rpose of raising revenue there is hereby levied an occupation tax upon each and every occupation and business carried on within the corporate limits of the City of Blair, Nebraska, as hereinafter specified and enurneirated; . and every person, firm, association or corporation carrying on the occupation Or business herein specified wi thin the limi t s of said oi ty shall pay to the ci ty clerk annually the sum hereinafter named, as a tax upon the ool~oration or business All money so collectad shall be remitted forthwith to the city treasurer who shall credit the same to the general fund of said city; and said money shall be and remain under the control of the counejil for such useandpurpoee as other moneys bêlonglng to the general fund. Sec. 2. AMOUNT OF TAX, OCCUPATIONS ENUMERATED.- There 1s hereby levied an occupation tax upon each and every occupation and business within the corporate limits of the aity of Blair, as hereinafter enumerated, in the several different amounts and upo~the seiveral respective occupations, professions and lines of business as fol- lows: A Auctioneers selling or offering for sale new goods Or me~~bandise, belonging to them or in their possession upon- the. public s~reet~, avenues or common ~ro?~dS, ., f{--' 1- .1. -,. .... ORDINANCE RECORD Compiled by George R. Mann. Lawyer. Lincoln, Nebraska. ------------- -.------..-- -- .----------------. 'OR" NO. "'-0' O"", PTO. CO.. ORO. "<e. - _.- -.---.--- ---_._- --..---...- B Bankrupt stock removed to this city and sold as such, or any merchandise removed to this city from some oth- er place and sold or offered for sale in said city under advertisement or announcement that the same is to be sold wi thin a 11mi ted .time or at a reduced price and not as the regularly conducted permanent busi- nesS in this city is carried on, per daY....."","'. Bill board advertising, bill posting, thrust upon ~tt~n- tion of public view from bill boards located upon private property, or elsewhere, by persons, firms or corporations for hire, profit or gain, per board, per year.............................................. Billiard hall or pool hall, first table, per year........ Same, second table, per year..._............."""-"'. Same, each additional table, per year..............". Bowling alley, first alley, per year.. . . . .. ... . . . . . . . .... Same, second alley, per year....................""" Same, each additional alley, per year................. Buses, bus lines, or motor transportation companies,. transporting passengers for hire from any place within the City of Blair, Nebraska, to other points or places within the State of Nebraska, outside of said city 'and from outside of said city and within' said state to or within the corporate limits of the City of Blair, Nebraska, on each such occupation or business, per bus line, per year..................".. c Cirbus, per day............................""""""" Circus, parade, where tent is outside city limits, per day........'-....."""""""""""""""". Concessions, not otherwise classified, such as lung testers, doll racks, stands of any kind or description, carnival company (for each concession connected there- with) said tax shall be any sum not exceeding, per day........... ,... ................,..., ...... .... ..... Said fee shall be fixed in each instance at the discretion of the mayor and council, in view of value of the concession to the conoessionnaires the prøbabl~ amount of police Bupervision which presence iilaaid" oi ty may .require. Creamery.?o~anies~ buying cream, butter-fat, or milk- _u --------..- ~~ \-'nnA'~nD' <'-,..ARm. the and their 5.00 5.00 25.00 10.00 5.00 25.00 10.00 5.00 .- 'I 5.00 10.00 10.00 50.00: ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. . 185 ,..'" ..',., ~--" ... ' .. ...... ,..._",,-- ' .. . ,_... .. ' Dryoleaners,pressers, cleaners of cloth, fabrics or" clothing, their agents, solicitors or servants, if said business or service is carried on by soliciting orders from tnuok~ automobile or other vehicle and taking garments, clothing or fabrics to be cleaned or renovated without the corporate limits and de- livering or collecting for such finished work, or otherwise, each, per day.................",".'.""'. Same, per year........................""""'.""". E Eleotricians, original registration, per year............. 'Same, renewal registratlon, per year................... ,Express companies, on intra-state business to and from the City of Blair, Nebraska, per year.................. F Ferris wheel, first day....................",.""."'.'. Bame, each addi tional day.....................'.""'" 1.00 5.00 10.00 1.00 5.00 5.00 2.00 Fruits, vegetables or other commodities, retail dealers in, selling or offering for sale any of, said commodities from railroad car, truck, automobile or other vehicle, or otherwise, per day........................",..,.,.. 2.00 Same, per year......................................". H Hawkers and peddlers, not otherwise classified, per day... Same, per year..................................""". M Minstrel troupes, stock companies or similar entertain- ments, showing under canvas, per day................... Motion pictures, showing under ca..nvas, per day............ 10.00 2.00 10.00 5.00 5.00 Motion pictures, per year.....................,..."."'" 25.00 P Physicians, surgeons, opticians, optometrists, osteopaths, chiropractors,chiropodists orallY" person practicing the healing art, under advertisement or announcement that their " services or merchandise are available in said Gity for a limited time or at a reduced priGe, 1.85 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO. 101 au,. PRTO. co.. ORD. NEB. .,..,....,..--..,. .....-.------ 'r-' - .. . .-.,. .... ---...-.-----.- .....,,---.--. m 'm .. ..-.. Plumbers or drain layers, original registration, per year...........",............"."""""'.."" Same, renewal registration, per year..............". R Railroad companies and each and every other oorpora- tion ,or individual, except those mentioned in liB" and "T" hereof, carrying and transporting freight ~nd passengers for hire from any place within the Oi ty 'of Blair, Nebraska, to points or piàóès 'within the state of Nebraska outside of said city and from outside of said city and within said state to or within the corporate Umi ts of the Oi ty of Blair, Nebraska, on each such occupation or business, per year.".""".' "'.'.,",',' ..... ...' ,..... .....,...,... Provided, the payment of the occupation tax by any railroad company, as aforesaid, shall entitle said railroad company as owner, agent or lessee to operate a bus line, truck line or motor transportation company or all or any of them without first paying the occu- pation tax levied in IIB,II' or IITII hereof., Retail sellers of goods or merohandi~e, not otherwise classified, whether said goods or merohandise,"are sold by sample or by taking orders for future de- livery, from truck, automobile or other vehicle, per day...............................,.........'" This not to include commercial travelers selling ,to dealers only. Same, per year........... .. ....,..... . . . . ... . .. . . .. S Shows, .not otherwise classified, under canvas Or in open air, per day....................,............. Skating rinks, portable, or otherwise, per year....... T Truqks, t~ck lines or motor transportation companies, transporting freight for hire from any place wi thin 1;he Qi ty of Blair, Nebraska, ,to other points or places within the State of Nebraska, outside of said city and from outside of said city and within said state to or within the corporate limits of the City of Blair, Nebraska, for each truck or truck line, per day................................'.."."'." Same, per year......,....,.,....................... w 10.00 1.00 10.00: 2.00: --ì 10.00 5.00 50.00 1.00 5.00 ORDINANCE RECORD ]n7 ""'. (.¡ Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. .d"--_"-'-- '-'.P-'---'---- .- -- .-. -.-----. -- _..... -- HU -...---. .--. Provided, the foregoiñg provisions shall not apply to commercial travelers selling to dealers only when the articles or commodities sold by them are later de- livered by carriers for hire. SOHEDULE EXOEPTIONS It is hereby declared that the provisions of this section shall not extend to nor affect individuals selling their own labor, brooms, farm products, live stock, meat, poultry, butter, eggs, vegetables, hay or grain, raised or produced by said vendor~: - Provided, that the sale or offering for sale of the products and commodities, hereinbefore excepted in said city shall be prima facie evidence that the same were not raised or produced by said vendors until such vendors shall~tlsfy the city clerk or chief of police by sufficient proof that they are entitled to the schedule exceptions hereinbefore mentioned; and provided further, the city clerk or chief of police may in any case of such vendör claiming exemption hereunder, require said vendor to accompany him to a notary public or to any other officer authorized to take acknow- ledgements under oath and then and there to make affidavit with respect to the matter concerning the raising or production of the sp'ecific products or commodities sold or offered for sale by such vendor. All scientific, educational, and literary lectures and entertainments shall be exempt fro~uoh taxation as well as con- oerts and other entertainments given exclusively by the citizens of this city. . ,'" Sec. 3. ]NT~~STATE OR GOVERNMENT BUSINESS.- The license tax by this chapter levied is not levied upon any business or oocupa- tion which is interstate or which is done or conducted by any de- partment of the- government of the United States, the State of Ne- braska, the City of Blair, or the officers of either as such in the course of its or their official duties, or by any county or subdivision of this state or its officers as such. Sec. ~- WHEN DUE.- On all occupations and businesses on which said tax is levied at a yearly rate, tl~ year for such tax shall be deemed to begin with the first day of May of each year and shall end on the last day of April following; and said tax for that year shall be due and payable in advance on the first day of May of every year and thereafter shall be delinquent: Provided, that all taxes levied at a yearly rate as provided in this chapter shall, for the taxing period ending April 3°, 1940, be due from and after the passage, approval and publication of this ordinance. On all occupations or businesses on which said tax is levied at a quarterly, daily or weekly rate, the tax shall be due and payable in advance before the business begins, for the number of quarters, days or weeks, as the case may be, for which the occupation or business is to beoarried on within the taxing year. Seo.5- DUTIES OF PARTIES LIABLE.- It is hereby made the duty of each and every person, firm, association, or corporation to pay the tax levied against him, them or it at the time the same be- comes due as provided in the foregoing section. A"",-- h. PATD '1'0 CITY CLERIC AOCOUNT: REOEIPTS, NOT ASSIGNABLE; 138 ORDINANCE RECORD ComplIed by George R. Mann, Lawyer, Lincoln, Nebraska. -- .. ww.-..'-"-".-- FORM NO. 101 QUI. P"T., CQ.. ORD. NEB. .... .... .. ----.-..-..-----,-..., Seo. 7. DAILY OR YEARLY PAYMENTS; WHEN MADE; NO REFUND.- Every occupation tax levied at a dally or yearly rate, or other rate, must be paid in one payment in advance before the business is commenced whether license is issued at the beginning of day, year or other term, or at any time thereafter, but no such licens6 shall be issued at the beginning of the day, year or other term for any certain time less than the day, year or other term. No person paying occupation tax shall be entitled to a refund of any part of the tax so paid. Seo.8. VIOLATION, PENALTY.- Any person, firm, association or corporation who shall refuse or neglect to pay the occupation tax or taxes herein levied, or who shall transact any such . business or engage in any such occupation without having complied with the provisions of this chapter, shall, upon conviction thereof, be fined in any sum not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($lOO.OO)~ and, in default. . of payment thereof, shall be adjudged to stand committed to the city jail until said tax, fine and the costs of the prosecution are paid or otherwise discharged according to law: Provided, that every suit b~)ught under this section shall be in the name of the City of Blair, state of Nebraska, and may be commenced by a warrant and arrest of the person or persons against whom the suit is brought or that Buit may be commenced by a common Bummonß: and provided further, that whenever any of the above enumerated businesses or occupations shall be conducted by an agent for a corporation or a non-resident, such agent shall be suþJeot to arrest and punishment under the provisions of this section, if his principal shall pot have complied with the provlsion~ of thi s chapter. J Sec. 9. REPEAL OF PRIOR ORDINANCES IN aONFLICT.- All ordi- nanc~es and parts of ordinances passed and approved prior to the passage and approval of thi s ordinance and in conflict therewith are hereby repea¡ed. Sec. 10. WHEN OPERATIVE.- This ordinance ~hall be in. full force and take effect from and after its passage, approval and publication according to law. Passed and approved August 23,1939. rj1 ¿/~ . P. C. SORENSEN, Mayor. ATTEST: '~Æ4~ .', I ORDINANCE RECORD 139 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. . . - u -_c. . c.... '.. . -...---.----.. .~====. .._.FORM .N~_'.2~'~~ Q_~..':RT.'_E.oc..ß~-4'l!t FIRST READING The Mayor then instructed the Clerk to read by title Ordinance No. 551 ,Chapter 19 , of the Municipal Code of the 01 ty of Blair , Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 551 ,Chapter 19 , by title upon its first reading. Whereupon Oouno11manO. M. Christensen moved that said Ordinance No. 551 , Chapter 19 ,be approved on its first reading and its title agreed to. Councilman Dewey Holstein seconded this motion. Whereupon Councilman Emmett Rounds called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: CHRISTENSEN, HOLSTEIN, ROUNDS, HANSEN, PAULSEN, MoCOMB, HtJNDAHL, KUHR. Nays: None. Motion: Carried. Whereupon the Ordinance No. 551 ,Chapter 19 and its title agreed to. Mayor declared said , approved on its first reading SUSPENSION OF RULES Whereupon it was moved by Councilman John E. Hansen and seconded by Councilman Martin Kuhr that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said ordinance might be introduced, read, approved and passed at the same meeting. Oounoi~man Alfred Paulsen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HANSEN, KUHR, PAULSEN, CHRISTENSEN, HUNDAHL, RQU!iDS, MoCOMB, HOLSTEIN. Nays: None. Motion: Carried. Whereupon the Mayor declared the statutory rules in regard to the passage and approval of ordi- nances suspended so that Ordinance No. 551 , Chapter 19 , might be read by title the first and second times, and at large the third time with the "Yeas" and "Nays" each time called and recorded, approved and passed at the same meeting. SECOND READING Ordinance No. 551 ,Chapter 19 , now comes on for second reading. The Mayor instructed the Clerk to read said Ordinance No~ 551 ,Chapter 19 ,by title upon its second reading. The Clerk then read said Ordinance No. 551 ,Chapter 19, by title upon its second reading. Whereupon Councilman K. P. Hundahl moved that said Ordinance No. 551 ,Chapter 19 ,be approved upon its second reading and its title agreed to. Councilman O. M. Christensen seconded this motion. Whereupon Councilman Martin Kuhr called for the question. The Mayor put the question and instructed the Clerk to call I the roll. for the vote thereon. The Clerk called the roll and the followinQ' w.<\", tr,o "^+ ^ -- L'_. 190 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ----------- "-',.,-.",,"'- ""- - '..- -,c-,~=,~=.__._._--_.. ~ F~_~_M_~~"g~:~A ~~oz PRTO. co", ORD NEB THIRD READING Said Ordinance No. 551 ,Chapter 19 , now comes cn for third reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter 19, at large upon its third reading. The Clerk read said Ordinance No. 551 , Chapter 19 ,at large upon its third reading. Whereupon Councilman Dewey Holstein moved that said Ordinance No. 551 ,Chapter 19 ,be approved on its third reading and its title agreed to. Councilman Emmett Rounds seconded this motion. Whereupon Councilman Martin Kuhr called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HOLSTEIN, ROUNDS, KUHR, HANSEN. PAULSEN, McCOMB, CHRISTENSEN, HUNDAHL. Nays: None. Motion: Carried. Ordinance No. 551 reading and its title -ì I ,Whereupon the Mayor declared said ,Chapter 19 ,approved on its third agreed to. FINAL PASSAGE . The Mayor declared said Ordinance No. 551 ,Chapter 19 of the Municipal Code of the 01 ty of Blair Nebraska, having been read by title the first and second times and at large the third time, the rules having been suspended and the "Yeas" and "Nays" having been called and recorded four times, and each time duly approved and its title agreed to, the question is "Shall said Ordinance No. 551 ,Chapter 19, of the Munic ipal Code of the City of Bla1r , Nebraska, finally pass?" Councilman John E. Hansen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HANSEN, CHRISTENSEN, HOLSTEIN, ROUNDS, PAULSEN, Mc OOMB , KUHRt HUNDAHL. Nays: None. Motion: Carried. All members having voted on the affirmative for the final passage of said Ordinance No. 551 ,Chapter 19 the ~aYor declared said Ordinance No. 551 ,Chapter 19 duly passed and adopted 8.S an ordinBnce cf the C1 ty Bla1r , Nebraska. , of APPROVAL Whereupon the Mayor app. eved said Ordinance No. 551 Chapter 19 , of the Municipal Code of the City of B1a1r Kebraska, by subscribing his name thereto, and the Clerk attested said signature of the Mayor by subscribing his name thereto and affixing thereon the seal of the C1ty of Blair Nebraska. The above proceedings of the Mayor of this c1 ty wi th reference t) the had on the 23rd day of Augu at and Council ordinance aforesaid, were , 1939. FlIRT, T (1 ð 'T'T ('\111 ORDINANCE RECORD 191 Compiled by Oeorge R,. Mann, Lawyer. Lincoln, Nebraska. ~_...... ....--..~ . " -.. ,,_... FO"M NO. "4-0, OUIZ 'TO. CO" 0"0. NEB. .- . AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA 1 ~SS. WASHINGTON COUNTY. J . . I, JOHN A. RHOADES , of lawful age, being first duly sworn on oath, say that I am the owner and publ1 ghar of The Enterprise , a printing and publishing com- pany in the Oi ty of Blair , in said county and state; that the foregoing Chapter 19 '. included in Ordinance No. 551 , of the Oi ty of Blair , Washington County, Nebraska, was by ~ The Enterprise, printed and published in pamphlet form in said Clty of Blair, in pursuance of the statutes of the State of Nebraska and the ordi- nances of said 01 ty of Blair , Nebraska, in such cases made and provided, and by order and under authority of the Mayor and Councl1 of Ci ty Washington County, Nebraska, as shown by the following reso- lution passed by its said Mayor and Counoil Aùgust 24 , 19 39 : "BE IT RESOLVED BY THE MAYOR OF THE OI TY OF BLAIR AND COUNCIL , NEBRASKA: 1. That the CITY Clerk be and he is hereby instructed to cause Ordinance No. 551 , a General Revision Ordinance which em- braces all ordinances of said city of a general and permanent nature divided into 28 Chapters with the several sections there- under, to be published in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Federal Securities Building, Lincoln, Nebraska. Attest: H~rf/...~l~( city) Cï:;~k. (SEAL) . ---------.....------..... ...---........f?...ÆL~_____---------.. ~~~X8~K~~X~~~~ P. C. SORENSEN, Mayor. Introduced by Councilman John E. Hansen; Adopted August 24 Austll At. ~ù. , 1939. Approved lq'J ,~, '" '"' ORDINANCE RECORD Compiled by George R, Mann, Lawver, Lincoln, Nebrrtska. -., - FORM NO, "HA eu", FTO, CO" ORe, N<9, -- -, CERTIFICATE OF PASSAGE CITY OF BLAIR 1 I SSe I .-] STATE OF NEBRASKA COUNTY OF WASHINGTON I, HENRY CHRI STEN BEN City Clerk of the City of Blai r , Washington County, Nebraska, her~by the Municipal Code of this city certify that the annexed ordinance, purporting to be Chapter 19 of No. 551 and embraced in Ordinance of said city , a General Revision Ordinance which includes all the ordinances of this city , of a general and such by the permanent nature arranged in Chapters and Sections, was passed as Mayor and Council , of the City of Bla1r Washington County, Nebraska, pursuant to the rules and regulations prescribed by general law and by said Mayor and Council for the passage of ordinances, and was duly approved by the Mayor of said city said passage and approval having been made on the 23rd day of August ,1939, with respect to said Chapter aforesaid which as a part of Ordihance No. 551 has been published in pamphlet form by authority of the Mayor and Council of said c1ty and has been distributed by said 01 ty under direction of its duly constituted authorities pursuant to resolution of the Mayo r and Counol1 thereof. this 19th IN WITNESS WHEREOF, I have hereunto affixed my hand and seal day of September , A. D., 1939. ORDINANCE ,RECORD 193 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. 1-- ADJOURNMENT At 10:07 P. M. it was moved by CounCilmanK.P. Hundahl and seconded by Councilman Martin Kuhr that ,the Mayor and Council of the City of Blair, Washington County, Nebraska, adjourn until August 24,1939, at 7:00 o'clock, P. M. ~~ HmRY ¡~~TENSEN, 01 ty . Clerk. APPROVED: ßd:..4~ P. C. SORENSEN, Mayor. ! 19(1 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. . ~ FORM NO. '01 QUIZ PRTO, CO.. ORD. NEB Blair, Nebraska August 24, 1939. l I OPENING The Mayor and Council of the 01 ty of Blair, Washington County, Nebraska, met pursuant to adjournment P. .M., in adjourned regular sesslon. of August 23, 1939, at the Council Chambers at 7:00 O'clock, Mayor P. O. Sorensen presided at the meeting. City Clerk Henry Christensen recorded the proceedings thereof. George R. Mann, Lawyer, Linooln, Nebraska, Reviser and Compiler, was present to assist in the work of actual revision. ROLL CALL The Mayor instructed the Clerk to oall the roll. The Clerk called the roll and the fOllowing Councilmen , were present: o. M. ahr1stense~;,Dewey Holstein, Itmmett Martin Kuhr, K. P. Hundahl. Rounds, John E. Hansen, Alfred Paulsen, O. E. MoCdWb, Absentï None. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances Was now in order. ORDINANOE REVISION MUNICIPAL CODE The matter of preparing a municipal code for said city was further considered. ORDINANCE RECORD 195 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. I IntrOduction of o::~:~, N;~. , Municipal Code. of, the City FORM NO "HA OU" PRTG, CO" ORD NEB 551 , CHAPTER 20 551 , Chapter 20 of Blair , of the Nebraska, And, the matter now coming before the Mayor and Council was the passage and approval of Ordinance No, 551 , Chapter 20 . of the Municipal Code of the C1 ty of Blair . Nebraska. This ordinance was introduced by Councilman Martin Kuhr , and is in words and figures as fOllows, to-wit: CHAPT ER 20 OFFIOERS, CI VIL ADMINISTBATION An ordinance adopting and establishing rules and regulations re- lating to the efficient management of the municipal govern- ment of the City of Blair, Washington County, Nebraska, as defined in its charter powers and by general law; providing conditions requisite to the giving of offi,oial bonds; , prescrib- ing procedure relative to claims, contracts and estimates; regulating fiscal management, finances, funds, depositories and tax levies; providing for meetings and organization of the council; enumerating the several city officers, fixing their compensation and defining their powers and duties; creating the office of superintendent of utilities; presorib- ing procedure for the impeachment of Officers; prescribing the legend on and the use of the corporate seal; regulating legal publications; defining the fiscal and municipal years; providing for the disposition of fines levied, assessed and collected by the police magistrate; outlining miscellaneous regulations affecting the conduct of officers; providing for the repeal of prior ordinances in conflict; and presorib- ing the time when this ordinance shall be in full force and take effect. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: Article I. BONDS, OFFICIAL 17-512, C. S, N., 1929. Section 1. OFFIOIALBONDS, APPROVAL OF.- No bond required to be gJhven under the'provisions of the succeeding section shall be deemed to be given or complete until the approval thereof and the sureties thereon, is made by the mayor and council. . Sec. 2. SAME, BY WHOM GIVEN; AMOUNT, PREMIUMS, BY WHOM PAID; WHERE FILED.- The following officårs and employees shall each give bond for their respective offices with a corporate surety bond to be approved by the mayor and council, in sums as follows, tO4wit: 01 ty treasurer."",.."...,."""",...,.,...,.,.,.. .$12,5°0.00; Provided, the mayor and CounciL hv ,..."",.....1"H~- 1. ~t ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebr.ska, FOAM NO, ....s. QUOZ 'ATO, co.. ORO, NEB, Bookkeeper and collector for public utilities........$2,OOO.oO City Olerk...........................................$5,00O.00 Police Judge..............................:..........$l,OOO.O0 The mayor and council may require a bond from any other officer Or employee conditioned in such sum as they may by resolution designate. The premium on all bonds required by this section shall be paid out of the general fund or such other funds of the City of Blair, as the mayor and council shall designate. The bonds of all officers and employees required by law to be given shall be filed with and remain in the custody of the city clerk;exoept bond of city clerk which shall be filed with and remain in the custody of the city treasurer. Art! cle II. CLAIMS; CONTRACTS; ESTIMATES 17-580,17-581, C. S. N., 1929. Sec. 3- PROCEDURE.- All claims, against the Oi ty of Blair, Nebraska, shall be presented to the mayor and council in writing, with a full account of the items, verified by the oath of the claimant, or his agent, that said claims are correct, reasonable and just; and no claim or demand shall be audited or allowed un- less the same shall be presented and verified as provided by this chapter, and no costs shall be recovered against the City of Blair, in any action brought against i t for an unliquidated claim which has not been presented to the mayor and council of this city to be aUdited, nor upon claims allowed in part, unless the re- COvery shall be for a greater sum than the amount allowed with interest due. "1 Sec. 4. ORDERS FOR THE PAYMENT OF MONEY; WARRANTS, WHEN DE- LIVERED.- Upon the allowance of claims by the mayor and council of this city, the order for their payment must speciæy the particular fund or apPropriation, and no order or warrant shall be drawn in excess of eightY-five per cent of the current levy for the purpose for which it is drawn, unless there shall be sufficient money 1n the treasury to the credit of the proper fund for ita payment; and no claim shall be audited or allowed unless an order or Warrant for the payment thereof shall be drawn. No warrant shall be delivered until after forty-eight hours from the date of alilowance of the claim for which warrant is drawn. -: ~c. 5. APPROPRIATION PREREQ,UISITE TO CONTRACT.- No contract shall hereafter be made by the mayor and council Of the City of Blair, Nebraska~, Or any committee or member thereof, and no ex- pense shall be incurred by any of the officers or departments of said city, if the same i~ to be paid out of moneys raised' by taxa- tion or from other city revenue, whether the object Of the ex- penditure shall have been ordered by the mayor and Councilor not, unless an appropriation therefor shall have been previously made, except as otherwise either by the statutes of Nebraska or by the ordinances of said ci ty provided. 17-l19~ C. S. N., 1929. r" ORDINANCE RECORD 197 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. .,-_. -- .. such estimate and submitted to the council; and no contract shall be entered into for any work or improvement for a price exceeding such estimate;. and in advertising for any such work the council shall Cause the amount of such estimate to be published therewith: Provided, the foregoing provisions shall not apply tocontraots for personal services. Where the estimate aforesaid shall not ex- ceed the sum of Fi ve Hundred Dollars ($500.00), i t shall not be necessary for the mayor and council to advertise for bids except in those oases specifically directed by the statutes of this state. Suohadvertisement shall be published in at least three issues of a legal weekly newSpaper published in or of general circùlation in the City of Blair, Nebraska, said newspaper to be designated by motion of the council. Artiole III. FISCAL MANAGEMENT, FINANCES, .FUNDS DEPOSITORIES, TAX LEVIES 17-431,17-569, 19-1201, C. S. N., 1929; 1937. 17-515, C. S. SuPP., Sec. 7. CLASSIFICATION; REAPPROPRIATION; INVESTMENT, UNEX- PENDED BALANCES.- All moneys in the hands of the oi ty treasurer of this city and all moneys hereafter coming into the POssession of said city, or received by the treasurer thereof, shall be kept and disbursed under the following heads and allocated and accounted for under a system of bookkeeping adopted by the mayor and council: II. III. IV. V. UT I. Fire. A. Maintenance (.4 mill maximum). E. Equipment (.3 mill maximum). C. Fire hYdrant rental (.6 mill maximum) Free music and amusement (.6 mill unless increased to 1 mill by special vote). Funding bonds. A. Sinking. B. Interest. General (5 mills maximum). A. Road fund (1.7 mills for grading and repair poll tax and gasoline tax, no levy). Salaries of city officers and employees. Printing and stationery. General oCcupation tax (no levy). City publicity (.2 of one mill). Insuranoe (oity officers only). City Jail and maintenance. Purposes not specifically enumerated (speoial . counsel, Judgments, contingent, ordinance revision, auditing city books, etc.). E. C. D. E. F. G. H. Ice. A. Sinking. B. Interest. c. Maintenanoe (1 mill maXimum). 198 ORDINANCE RECORD Compiled by George" R. Mann, Lawyer, Lincoln, Nebraska. IX. XI. XII. XII 1. ", "" "---- FORM NO. '0' OU" ""TO. CO., ORO. NEB Refunding bonds. A. Sinking. B. Inters st. X. Sewer. A. Sinking. B. Interest. C. Maintenance (.4 mill maximum). Special OcCupation tax fund, fire department (no levy). Street lighting (whatever it takes). Water (whatever it takes). A. Sinking. B. Interest. C. Maintenance. XIV.. Library. (1.5 mills maximum). XV. Auditorium, city hall. A. Maintenance (1 mill maximum). Any unexpended balances in the several funds mentioned herein shall be reappropriated according to law for mun~cipal purposes at the time the Annual Estimate and the Annual Appropriation Bill are made at the beginning of each municipal year: Provided, how- ever, the city treasurer may invest and transfer without re- appropriation. upon resolution of the mayor and council, surplus funds as permitted by 17-515, C. S.SupP.. 1937. Sec. s. OTHER MONEYS.- Àll other moneys of this oity not be- longing to or included in the Annual Appropriation Bill and not otherwise designated shall be held, kept and disbursed from the general fund and shall be used for payment of all expenses and liabilities of this city as by ordinance. resolution or order pro- vided. --l Sec. 9. REAPPROPRIATION OF UNEXPENDED BALANCES TO OTHER FUNDS; UNEXPENDED BALANCES, NO LAPSE OF, WHEN NO REAPPROPRIATION.- At the time of making the Annual APPropriation Bill the mayor and ooun- oil may, if notice shall have been given in the Annual Estimate Or yearly budget, reappropriate any unexpended balance in any fund mentioned in the second preceding section for the use of some other fund if there be no outstanding bonds, Warre~ts or claims against such fund whose unexpended balance or portion thereof is sought to be reappropriated. No sinking funds or interest funds on outstan~ing bonds or moneys in any fund required to meet depreoi.atlon. replacement or betterments 'reasonably contemplated shall ever be reappropriated. In the event that no reappropriation of funds is authorized as aforesaid, unexpended balances shall be carried forward and placed to the credit of the funds to which they belong when the books of the city treasurer are opened at the commencement of each fiscal year on the first Tuesday in May. 17-515, 77-2601, C. s. SuPP., 1937. Sec. 10. u." -.---- DEPOSIT OF FUNDR ~()1\mQ ¡1()n "'.,..-.------ ORDINANCE RECORD 199 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. -. . . treasurer of said city; said bond, when given, shall be subject to the approval of the mayor and council of said city: Provided, the penal sum of said bond shall be the maximum amount on deposit at anyone time less the amount of said deposit, if any, insured by the Federal Deposit Insuranoe Corporation. Interest upon said money shall be paid to said city at such rate upon daily balances as may be agreed Upon at the beginning of each fiscal year but at a rate not less than the rate upon like accounts deposited by the County of Washington: Provided, in lieu of such bond such de- positories shall have full authority to pledge th& assets of such depositories, said pledge to be in escrow under proper escrow . agreement in writing in the Control and custody of some party other than said depository bank, for the security and Payment of all such deposits and accretions. 17-569,17-570, C. B. N., 1929. Seo.ll. ESTIMATES OF EXPENSES, BUDGET FOR YEAR.- Before the Annual Appropriation Bill as provided for in Section 12 of this Chapter, shall be passed, the m8~or and council of the City of Blair, NebraSka, shall prepare an estimate of the probable amount of money necessary for all purposes to be raised by taxation in the city during the fiscal year for which appropriation is to be made, including interest and principal due on the bonded debt and sinking fund, itemizing and classifYing the different objects and branches of expenditure, as near as may be, with a statement of the entire revenue of said city for the previous fisoal year. The Annual Estimate Or yearly budget shall be presented to said mayor and council in form of a resolution, shall be passed, approved and entered at large Upon the minutes of the proceedings of said council and thereafter a copy thereof published by the c~ty ~lerk for four weeks in some legal newspaper published or of general circulation in said city. Sec. 12. ANNUAL APPROPRIATION BILL.- During the second thirty days of the first quarter of the fiscal year subsequent to the passage and approval of the estimate of expense or budget for the fiscal Year, as prescribed by Be~tion 11 of this chapter, but within the first quarter of each fiscal year, the mayor and council of this city shall pass, approve, record and PUblish an ordinance to be termed, Annual Appropriation Bill, in which such COrporate authorities may appropriate such Sum or sums of money as, may be deemed necessary to defray all necessary expenses and liabilities of said city, not exceeding in the aggregate the amount of tax authorized to be lèv1:ed during that year. In such ordinance the said mayor and Council shall specify the objects and purposes for which such appropriations are made and the amou.nt appropriated for each object or purpose. No further appropriation shall be made at any other time within such fiscal year unless the, proposition to make such appropriation has been fi rat sanctioned by a máj.ori ty of the legal voters of,suchcity either by a petition signed by them or at a general or special election duly called therefor. ~ll appropriations shall end with the fiscal year for whi~h they are made subject to the oondi tions as to reappropriation and lapsation mentioned in Section 9 of this chapter. 17-567, C. S. BUDD.. lq~7! 77_1 ~n' "7"7 ~nC~- 2GB ORDINANCE RECORD Compiled by George R. Mann. Lawyer, Lincoln, Nebraska. FOR" NO. 'o' OU", ""TO. CO.. ORD, NE. The amount of other taxes which may be certified, assessed and collected shall not exceed five mills on the dollar to defray the general and incidental expenses thereof, together with any special assessments or special taxes, or amounts which may be assessed as taxes according to law and such sum as may be authorized by law for the payment of outstanding bonds and debts. Sec. 14. OASUALTIES, ACCIDENTS.- Neither the mayor and council nor any department of this city shall add to the corporate ex- penditures in anyone year anything over and above the amount pro- vided for in the Annual Appropriation Bill for that year except as herein otherwise specifically provided. No expenditures for any improvement, to be paid out of the general fund of this city, shall exceed in anyone year the amount provided for said improvement in the annual appreP'iUiation bill: Provided, however, that nothing herein contained shall prevent the counoil from ordering, by a two- thirds votes of the members elected thereto~ the repair or restora- tion of any improvement, the necessity of which is caused by any casualty or accident happening after such annual appropriation i s made. 'l 8eo.15. SAME; FUNDS TO MEET, HOW SECURED.- The council may, by a two-thirds vote of the members elected thereto, ordar the mayor and city treasurer to borrow a sufficient sum to provide for the expense necessary to be incurred in making any-'repe.irs to or restorations of improvements, the necessity of which has arisen, as is mentioned in the preceding section, for a period of time not exceeding the close of the next fiscal year, which sum and the interest shall be added to the amount authorized to be raised in the next general tax levy and embraced therein. Seo~ 16. JUDGMENTS, SATISFACTION, OF.- Should any judgment be obtained against the City of Blair, Nebraska, the mayor and city treasurer under the sanction of the council, may borrow a sufficient amount of money to pay the same for a period of time not exceeding the close of the next fiscal year, whiohsum so borrowed and interest shall, in like manner, be added to the a- mount authorized to be raised in the general tax levy of the next year and shall be embraced therein. -l . I Article IV. COUNCIL, MEETINGS, ORGANIZATION Sec. 17. COUNCIL, NUMBER AND QPALIFICATIONS OF MEMBER8.- Each ward of the City of Blair, shall be entitled to two councilmen, who shall be qualified electors and taxpayers under the oonstitu- tion and laws of the State, of Nebraska. EaCh councilman at the time of his election shall be an actual resident of the ward from which he 1s elected. 17-107, C. S.N., 1929. Sec. 19. CHANGE IN OFFICE.- The change in'office shall be made as folIo,s: The mayor and co,unc.il shall meet at seven-thirty o'clock~. M., on the last Tuesday in April each year and the outgoing~officers and the outgoing members of the council shall present their reports, and upon the old council having completed its business up to said time, the outgoing members of the council . -- - . .~~. --- ~- ~,-- .,,--_.~... ",ð",'h""...", ",nñ t:h"" ~-ì ORDINANCE RECORD 201 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. r --', year. The mayor elected for the new municipal year shall call the meeting to order. The council shall then proceed .to examine the credentials of their members and other elective officers of the city to see that each has been duly and properly elected and to see that such oaths and bonds have been given as are required. After ascertaining that all members and officers are duly qualified, the council shall then elect one of their own body who shall be styled as president of the couno:!.l. The mayor shall then nominate his candidates for appointive offices of the city as hereinafter provided; and said officers shall hold office until their suocessors are duly appointed and qualified. He shall then proceed with the regular order of business. It is hereby made the duty of each and every member of the council of the Oi ty of Blair, Nebraska, or of their successors in office, and of each officer hereafter ele.cted to any office, to qualify prior to the last Tuesday in April ,fol- lowing his election, and at eight-thirty o'clock P.M. upon the last Tuesday in April following his election, eachuofflcer elected at the annual municipal eleotionshall take possession of .his or- five. All appointive officers ~lall qualify within two weeks fol- lowing their appointment. ~ualifioation for each officer who is not required to give bond shall consist in his subscribing and tak- ing oath to support the Oonstitution of the United States, the 00nst1 tution of the State of Nebraska, the ordinances .of .the Oi ty of Blair, Nebraska, and to perform faithfully and impartially the duties of hisoffioe. Said oath shall be filed in the office of tbe city clerk. Eaoh officer, who is required to give bond, shall file the required bond in the office of the oi ty clerk with sufficient sureties) conditioned for the faithful discharge of the duties of his office, with an oath endorsed thereon in the same terms as in caS8 of officers who are not required to give bond: Provided, that the bond of the city clerk shall be filed with the city trea- surer. 17-105, 17-106, C.S.N., 1929. Seo.20. COUNCIL MEETINGS, REGULAR AND SPECIAL.- The regular meetings of the mayor and council of the Oity of Blair, Nebraska, shall be held on the first and third Tuesdays of each month in the council chambers in the city hall, in the City of Blair, or in such other places in the City of Blair, Nebraska, as the mayor and council of saidoity shall from time to time by resolution fix, beginning at the hour of seven-thirty o'olook P. M.: Provided, that the mayor and council may, by order, adJoun¡ at any time not to exceed one regular meeting. Any regular meeting may be adjourned from time to time prior to the next re~lar meeting; and at such adjourned meeting any and all business may be trans- acted as at any regular meeting. Special meetings may be called at the discretion of the mayor or when th~ee councilmen 80 request by signing a wri tten call therefor. The object of said special meeting shall be submitted to the oounoilin writing and the oall and object as well as thedlsposition thereof shall be entered upon the journal by the clerk. Article V. OFFICERS) DUTIES, POWERS, SALARIES Sec. 21. APPOINTIVE OFFICERS, ENUMERATED¡ MERGER OF APPOINTIVE """""or""',,, "'n ....onT f"\".."'Mmo - mn~....'" 0...,,11 'h", an-nni nt:p.ñ bv the ma.vor at 202 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. 'OA' NO. '0\ DU" 'ATG. CO.. OAD. NEB by statute, 80 that one or more offices or employments may be held by the same elective of fi car, appoin ti ve oin car or employae at the same time~ provided, however, the office~ and employments shall always be construed to be separate and the effect of the merger shall be limited to a combination of official duties for which one agreed compensation shall be paid. 17-108, q. s. Supp., 1937. Sec. .22. SALARIES'OF STATUTORY OFFICERS, ELECTIVE, APPOINTIVE, OOMPENSATION OF EMPLOYEES; WHEN PAID.- The annual salaries of the elective officers of the City of Blair, Nebraska, are hereby fixed in sums, payable quarterly as follows: Mayor, Two Hundred Dollars (!200..00), pe.r year; oouncilmen,ea.ch, O.n.e Hundred Dollars ( 100.00 , per year; treasurer, One Hundred Fifty Dollars ( ~50.00~, per year; clerk, Two Hundred and Fifty Dollars ($25°.00) per year; pol~ce magistrate, One Hundred Dollars ($100.00), per. year; cityattörney, Three Hundred and lI'1fty. Dollars ($35°.00), pe~ year. All other officers and employees of the City of Blair, Nebraska, shall receive compensation, payable monthly, in such amounts as the mayor and council shall fix at the time of their appointment or employment. 17-107, C. S. N., 1929. Sec. 23. APPOINTIVE OFFICERS; HOW CHOSEN; .TENURE.-; All appoint- ive officers of this city shall be nominated and appointed by the mayor with the advice and consent of a majority of the members- elect of the council. The vote thereon shall be recorded in the minutes of the meeting by the city clerk together with the names of the members voting for and against säiŒ appointment. The tenure of all appointive officers is hereby fixed and determined as pro- vided in Section 19 of thi s chapter. 32-1704,17-104, c. S. N., 1929. Sec. 24. VACANCIES; HOW FILLED.- Whenever any vacancy shall occur in any appointive or elective office of this city or in the membership of the council of this city by death, reêigJ:la'" tion, impeachment, absence from the city or from any regular or stated meeting of the council for thirty days without excuse from the mayor or other legal cause, the mayor shall, with the concurrence of a májority of the members-elect of the council, fill such vacancy. If the appointment to fill a vacancy be in an elective office i t shall be made until such time as a general or special election shall be held to fill such office and until such person or pèrsons then elected shall qualify and accept the duties of said office. A vote Shall be taken and a record made in the filling of vacancies. 17-107,17-110,17-111,17-114,17-117, o. S. N., 1929. ~-l I Seo.25. MAYOR, POWERS, ELECTION; SPECIAL POLICE.- The mayor shall have charge over all the property belonging to the city and not in the particular charge of any officer. He shall pre- side over all meetings of the council. He shall require of all city officers a receipt for any and all articles belonging to the _. ... "-- -,- ---. ---" -" ~~4A n.,.+~n1øa t:h~t: mJ'lv here- -ì I ORDINANCE RECORD 203 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ._". .--" the clerk's minutes of all meetings after they have been spread at large upon the journal when the earne have been approved by the action or acquiescence of the council. He shall sign all warrants for the payment of money when ordered by the council. He shall issue, or cause to be i,ssued, all permits in wrl tlng which are required by ordinance. He shall sign all ordinances, resolutions and orders which have been passed, approved and declared to be the law of this city. He shall, from time to time, communicate to the council such information and recommend such measures as, in his opinion, may tend to the improvement of the finances, safety, health, seourity,1ornament, comfort and generalpro:sperity of the city. He shall cause the ordinances of the city to be carried in- to effect. He shall be vigilant and active to promote the peace and welfare of this cit¥. He shall have the power to veto or sign any ordinance Passed by the council: Provided, any ordinance ve- toed by the mayor may be passed over his veto by a two-thirds vote of the members elected to the council, notwithstanding the veto; and should the mayor neglect or refuse to sign any or- dinanoe and return the same with his objections in writing at the next regular session of the council, then said ordinance shall be- come a law without his signature. He shall have the power to re- mit fines and forfeitures, to grant reprieves and pardons for all offenses arising under the ordinances of the city and shall have jurisdiction and power in any other matters which the statutes of this state repose in him. ~ll police officers appointed by the mayor in accordance with this chapter, shall be removable at any time by the mayor. He shall have jurisdiction in all matters vested in him by ordinance, except taxation, within one-half mile of the corporate limits of said city. He shall have the. power to call a posse comitatus to aid in enforcing laws when the emergency exists. He shall be elected at the general city election held in 1940 and every two years thereafter. 17-15°, C. S.N., 1929. Sec. 26. PRESIDENT OF THE COUNCIL; ACTING PRESIDENT OF THE COUNCIL.- On the last Tuesday in April at its first meeting in each municipal year, the council of this city shall select one of their own bo~y who shall be styled the president of the council, who shall preside at all meetings of the council in the absence of the mayor. In the absence of the said president, the council of this city shall elect one of their own body to occupy the place temporarily; and said one so elected shall be styled acting president of the council. The president and acting president, when occupying the place of mayor, shall have the same privileges as other members of the council. All acts of the president and acting president while so acting shall be as binding upon the council and the City of Blair, as if done by the mayor. l7-l0ð, C.,S. Supp., 1937; 17-574, 17-577, 28-1025, 2ð-1oa6, c. S. N., 1929. Seo.27. CLERK, DUTIES; MINUTES TO BE PUBLISHED; TOBACCO LICENSE FEES COLLECTED; ORDINANCE AND MINUTE RECORDS; ELECTION.- It shall be the duty of the city clerk to attend every meeting of , the council and keep a record of the proceedings thereof. Whenever required by the mayor or requested by three members of the council, ,- -----~~~~~ _1+h ~on+1nn ~n nA~AOf- he shalllssue to the chief 20t! ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FOR" NO. 101 OUI% "RTO. CO.. ORO. NE. records shall show the fact. In his annual report he shall describe particuiarly the bonds issued and sold during the past year and the terms of the sale with each and every item of expense thereof. He shall keep the seal of the city and shall duly attest thereby the mayor's signature to all ordinances, deeds and papers required to be attested, when ordered by the mayor and. council. The city clerk shall also attest the mayor's signature to all orders for money or warrants for the payment of money; and he. shall enter the same in numerical order in a book to be kept for that purpose. He shall keep a register of alllloenaes granted in said city and the purpose for which they were issued; and he shall report the same to the council at every meeting. The city clerk, at the beginning of each month, shall, if required by the police department, furnish them with a true copy of the register of alllioenses then in force. Within thirty days after any meeting of said council, he shall pre- pare and publish the proceedings of said meeting in a legal news- paper, - designated by the mayor and councilor in more than one legal newspaper if directed by the council, - within Washington County: Provided, however, the charge for said publication shall not exceed one-third of the legal rate. Said publication charge shall be paid and allowed as other. claims against the general fund. He shall in January of each year, and at such other times when request shall be made, receive applications for license to sell oi- gars, tobacco, cigarettes and cigarette materials. He shall be e+ected at the general oity election 1n 1940 and every two years thereafter. The oity clerk shall hereafter keep and preserve the proceedings of the mayor and oouncil of the City of Blair, Washing- ton County, Nebraska, in two separate and distinct record books, to-wit: 1. Minute Record, wherein shall be recorded the miscel- laneous and informal doings of the mayor and council. 2. Ordi- nance Record,wherein shall be recorded the formal proceedings of the mayor and council in the, matter of passing, approving,. publishing or posting and certifying to Ordinance No. 551 and oth- er succeeding ordinances. Said ordinance minutes shall be reoord- ed and spread at large in the Ordinance Record book on printed forms similar to those employed in recording General Revision Ordinance No. 551 together with the several chapters thereunder, in preparing the within municipal code. In all cases hereafter, where single ordinances are introduced for the consideration of the mayor and oouncil, the city clerk shall cause to be introduced by the introducer of Ordinance No. 552 and of eaoh succeeding or- dinance thereafter, an appropriate resolution incorporating by ref- erence the Ordinance Record into the Minute Record. The Minute Record shall hereafter contain no proceedings relative to the passage and approval of ordinanoes save and except the resolution aforesaid. The oi ty olerk shall perform such other duties per- taining to the office of clerk as the mayor ancl oouncil shall from time to time.by resolution provide. 17-514, 45-110, c. 6. N., 1929; 17-515, C. a.supp>, 1937. . Sec. 28. TREASURER, DUTIES; PUBLICATION OF ANNUAL REPORT; REGISTRATION OF WARRANTS; OFFICE VACANT ON FAILURE TO ACCOUNT; ELECTION.- œhe city treasurer shall be custodian of all moneys belonging to the city; he shall keep a separate account of each and every fund or appropriation and the debits and oredi ts belong- ing to said city; he shall give every parson paying money into the .I.----.._u - ----'-"- "-1.-.---"'-- ----,.....,~- .....- ",-+-~.p ~_.._~~+ "~.=I ^~ "-1 ORDINANCE RECORD 205 Compiled by George R, Mann, Lawyer, Lincoln, Nebraska, ^" - ------------- - - He shall proèure and keep a warrant register which shall show in columes arranged for that purpose the number, date and amount of eaoh warrant presented arid registered as hereinafter provided, the particular fund upon which the same is drawn, the date of presenta- tion, the name and address of the person in whose name the same is registered, the date of payment, the amount of interest, and the total amount paid thereon, together with the da'te when the notice to such person in whose name such warrant ,is registered 1s mailed, as hereinafter provided. It shall be the duty of the city treasur- er upon presentation of any warrant for payment, in the presence of 8uoh person, to enter such warrant in the warrant register for payment in the order of its presentation and, upon every warrant as presented and registered, he shall endorse the words, Registered for Payment, with the date of suohregistration and register number, and he shall sign such endorsement, whereupon such warrant shall draw interest at the rate of six per cent per annum ~rom the date of registration until notioe of payment shall be given to the holder as provided by law. The city treasurer is also required to publish or cause to be published, as des1gnadled by order or resolution of the mayor and council, in some legal weekly newspaper published in 0 r of general ciroulation in this oi t:¡r, on or before the first day of March of each year a report of the doings of his o~fice; and said report shall show in detail, receipts, disbursements, warrants outstanding and balance of debit or credit as the oase may be. The expense of such publication shall be paid out of the general fund belonging to this olty. He shall be elected at the general city election in 1940 and every two years thereafter. If the city trea- surer neglects or fails for a period of ten days from the end of eaoh. month to render his account, his office shall be declared va- cant and the counol1 shall fill said vacancy by appointment until the next oi ty election. The city treasurer shall perform such oth- - er duties pertaining to the office of treasurer as the mayor and council shall from time to time by resolution provide. I 17-107,17-111,17-126, C. S.N., 1929~ See'. 29. POLICE DEPARTMENT; DUTIES OF OHIEF OF POLICE; SERVICES; APPOINTMENT; POLICE COURT FEES IN CITY CASES.- There shall be and is hereby established a police department in and for the City of Blair, Nebraska, which shall consist of the chief of police and suoh further number of regular policemen as may be duly ordered by resolution of the counoil~ The chief of police shall, subject to the direction of the mayor have control and management of all matters relating to the police department, its officers and members; and said chief shall have the custody and control of all property and books belonging to the department. He shall devote his whole ti e to the municipal affairs and interests of the city and to the preser vation of peaoe, order, safety and cleanliness thereof, and to this end, he shall execute and enforce all ordinances and also the orders of the mayor. It shall be his duty to protect the rights of persons and property. He shall provide a prop:ar-"Polioe force at fires. He shall take notice of all nuisances, impediments, obstructions and de fects in the streets, avenues, alleys, business places or residences of the city. He shall execute, Or cause to be executed, the processes issued from the police court of this oi ty and shall cause all persons arrested to be brought before the police magistrate for trial as speedily as possible. He shall' have control of the oi ty .-., .......~ ~..~+~"'.. ~.p "'h~ ~...1 ð^"""""'" +.ñ",....",i'" anñ ..n..,ll hA T'P.Rnons1ble 206 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM HO, <0' QUO> PRTO, CO.. ORO, HEO, -- ---.. " --- FOr said fees earned the ohietof police or other police officer ~ay file claim and the same shall be allowed as other claims against the cityuhless by., resolution of the mayor and council, duly adopted, police officers shall be directed to perform ser- vices as officers of the police court as part of their regular duties with no additional compensation to be paid therefor. 17-110, 17-120, C. S. N., 1929. Seo.30. STREET COMMISSIONER, DUTIES.- It shall be the duty of the street commissioner or any person acting in that capacity to superintend all repairs and work done on viaducts, bridges, sidewalks, crossings and crosswalks within this city, subject, however, to the supervision of the mayor and council. II ; I 17-107, C. S. N., 1929. Sec. 31. CITY ATTORNEY; APPOINTMENT; DUTIES; SPECIAL COUNSEL.- Whenever, in the judgment of the mayor and council of this city it shall be deemed necessary or expedient, the mayor shall forth- with appoint a city attorney with the advice and consent of the council. The city attorney shall be the general legal adviser of the mayor and council. He shall commence, prosecute and de- fend all suits and actions necessary to be commenced, prosecuted and defended on behalf of the city or that may be ordered by the mayor and council; and when requested, he 'shall attend upon the si ttings and meeti'ngs of the aforesaid body and e1 ther orally or 1n writing de11ver to it, upon request, his opinion upon any in- q1,iiry of a legal nature, whieh may be required of him in the regular eourse of said body's official business. In their di aeretion, the aforesaid body may employ an attorney or attor- neys, both for substi tu tad and supplemental services and for special pieces of legal work, and may pay for the same out of the general fund of this city for ineidental purpo~es. 18-201 to 18-207, 18-209,18-210,18-212 to 18-214, C. s. N., 1929;-/ la-20B, 18-211, C. 8. Supp., 1937. See. 32. THE POLICE MAGISTRATE; HIS COURT; ELECTION; COSTS; FEES; WEEKLY STATEMENTS; MONTHLY'REFORT.- There is hereby created and established in and for said City of Blair, Washington County, Nebraska, a police eourt wherein shall be brought all actions and complaints for violation of the ordinanees of said atty. The pollee magistrate shall be the presiding judge over said eourt. The police magistrate shall have jurisdiction over and it shall be his duty to hear and determine all offenses against the ordi- nanees of this eity¡ and he shall also perform such other duties as may be i~osed upon him by the general law. The polioeoourt shall be deemed to be constantly in session, Sundays and legal holidays excepted, 'and the poliee magistrate shall hold court until all cases brought before him at anyone time are disposed of. In all criminal oases in the police court, the police magistrate shall be entitled to reoeive the same fees as are al- lowed by statute to justioes of the peace for similar 'asrÿjroes and he ehalllikewise tax as coats witness fees and fees of the officer making the arrest. When said fees shall have been paid by the defendant, the, s~e need not be accounted for b!. s~o~-- '-1 ~-, I ORDINANCE RECORD 207 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. shall be filed with the city clèrk and submitted to the mayor andoouncl1 at each regular ,monthly meeting. l7-42S, C. S. N., 1929. Sec. 33. SAME! CO1~ITMENT, FINES, COSTS; FINES, COMMUTATION.- In all Oases of violation of ordinances or chapters, as herein contained and arranged or of any other ordinance of this city where a ,fine is imposed upon any person found guilty of the viola- tion thereof, such person so found guilty shall pay the costs of prosecution, and, in default of payment thereof, shall be adjudged to stand committed to the city jail until such fine and costs of prosecution be paid, secured or otherwise discharged accord- ing to law; and each judgment finding a person guilty rendered under anyordlnance of this city shall speo1fy in terms that the person found guilty shall stand committed to said jail until such fine and costs be paid, secured or sat1sned, or unless said prisoner be sooner discharged by due process of law. All persons committed to the city jail by the police magistrate for the non- payment of fines and costs for violation of any ordinance of ,this city, shall be entitled to credit upon such fine and costs in the sum of One Dollar ($1.00) for each day of imprisonment. All persons committed to the city jail, being of sufficient physical ability and who shall perform labor for the City of Blair, while such prisoner, shall, for each day's labor so performed, be credit- e~on the amount of the fine and costs for the non-payment of which he stands committed, the sum of One Dollar ($1.00) in addition to the sum hereinbefore specified, making in all a credit of Two Dollars ($2.00) for'eaoh day he shall perform labor for said city; and when the credits equal the amount of the fine and costs, the keeper of the city jail shall discharge the prisoner without further order from any other officer of said city, unless a re- tainer be furnished said jailer for said prisoner to answer for a sepal~ate and different offense; and the jailer shall, as soon thereafter as practical, return said prisoner's warrant of oommit- ment to the police magistrate, with his doings endorsed thereon. " 17-119, G. S. N., 1929. Sec. 34. Or TY ENGINEER; SPECIAL ENGINEER.- The oi ty engineer shall make a record of minutes of his surveys and of all work done for the city, which shall be public records and belong to the city. He shall accurately make all such plats, sections, profiles and maps as may be necessary in any work for the city. He shall, upon request of the mayor and council, make estimate of the cost of labor and material which may be done or furnished by contract with the city, and make all surveys, estlmàtes and calculations necessary for the establishment of grades, bridges or culverts and for the building, constructing or repairing of any public improvement of the city and file the same with the city clark. He shall inspect all works of public improvement, and, if found to be properly done, shall accept the same and forthwith report his ao- oeptanoe to the council. He shall estimate the cost of all pro- posed municipal utilities and public improvements, toge.hher with any extensions thereof, which the council proposes to construct or improve. The mayor and council whenever they deem it expedient may employ a special engineer to make or assist in making any "",...1':1"111<>,.. """1':1m<>1':,,, (),... j;l11""""'V. 208 ORDINANCE RECORD. Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORN NO. 10\ OUIZ PRTO. CO.. ORD. NE.. qualify according to law for the offices whose duties have been merged in the office of superintendent. Any person seeking the office of superintendent for theOity of Blair, Washington County, Nebraska, shall satisfy the mayor and council that he has practical knowledge and experience sufficient to exercise gen- eralmanagement over the engines, generators, pumps and ,other equipment used in the city's light, water and ice plants. He shall further satisfy the m~or and council that he has sufficient knowl- edge intelligently to make all inspections required of him. He shall install a permanent system of recording the results of his inspections and shall arrange and shall file the same in a manner convenient and accessible for future reference. He shall keep all engines, pumps, machinery and the electric distribution system in order and ready at all times for service, and, together with such assistants appointed or authorized by the mayor and council to as- sist him, the superintendent shall manage all city machinery while in operation. He shall recommend from time to time to the mayor and council such repairs, equipment or supplies as are, in his opinion needed and required for the economic and efficient opera- tion of the public utili ties in his charge: Provided, however, he shall not be authorized to purchase any repairs, equipment or supplies for use in and about the power house, pumping station or the other public property under his control on his own account and thereby bind the City of Blair for the payment therefor, unless such purchases shall have .been specially or generally authorized in writing by motion or order of the council or by the chairman of the proper committee to whom has been committed, with power to act, the general supervision of such utility before the order of purchase is made or placed. The superintendent during the life of hi~ contract shall be removed by the mayor and council only for incompetency, for violating the provi sions of thi s section or for other sufficient cause, but before such removal can lawfully be made, the superintendent, if he so elects, shall be afforded an opportunity to appear before the mayor and council to defend him- self or to answer the charges against him which are the basis of his said dismissal: Provided, however, either the city or the superintendent may exercise their options to terminate such employ- ment upon notice, if such options are stipulated in the contract of employment. The superintendent shall be responsible for the prompt delivery of all meter readings on standard forms to the collector and bookkeeper of utilities so that collections from consumers or customers may be made without delay. He shall turn over any and all moneys coming into his hands from inspections or from the utilities under his control together with all information and c redi t or debt t mèmoranda which will enable the said book- keeper and collector to keep accurate book accounts of city business. He shall make an annual report on or before the last Tuesday in April of each year and at such other time as the mayor and council shall order. .-1 . I Article VI. REMOVAL OF OFFICERS IMPEACHMENT Art. IV, Sec. 5, Canst. of Neb., 1919-1920. Sec. 36. REMOVAL QF OFFIOER,S, COUNCIL, BY; IMPEACHMENT, CAUSES FOR.- Any city officer of the City of B]air, except the m"","'" e"A momho,..", "of' 1-.""" """,,,,11 m",v h.. "."" ,..",..1'1 t,..1 At! ",nñ ".AmOVAd ~l ORDINANCE RECORD 209 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. resolution by the chief of police or any person designated by the mayor and council upon the offending officer mentioned in said resolution. Sec. 37. CHARGE.- Any person may make suchcha~ge in writing and under oath, specifying the nature of the misconduct or mal- feasance and file the same with the city clerk. Such charge and specifications shall be read at any regula~ meeting of the council, or at any special meeting called for that purpose, and a copy of such charge, certified by the clerk, together with a notice to show cause, to be prepared by the city attorney, at said meet- ing of the council why he should not be removed from office, shall be served upò~ the officer so accused, at least five days be- fore the time fixed to show Cause: Provided, that any police of- ficer of the city, without any complaint being filed against him as provided in this article, may be summarily removed from of- fice by the mayor. Sec. 315. FAILURE TO APPEAR AND D¡¡::t.IY.- In case. any. officer accused as aforesaid shall neglect to appear and file a denial in writing, or render a satisfacto~reason for not doing so, at the time and place he Was no.tified to appear before said council, theSai1;l charge and specifications shall be taken as true and the council shall declare the office vacant. S~c. 39. CHARGE DENIED, PROCEDURE; FINDING; DECLARATION OF VACANCY; ORDER OF OUSTER.- In oase any officer accused as aforesaid shall file a denial of said charge and specifications in writing, the council may forthwith proceed to t~ such officer and if after the trial, the council shall be satisfied that such officer has bee guilty of the offense charged they shall cause such finding to be entered. upon their minutes and declare the office vaoant,order the ouater of the accused officer within three days if said office be not voluntarily relinquished before tl~t time and direct the mayor to submit nomination to fill such vacancy for confirmation as re- quired by law, within four days from the date of said finding. See. 40; NOTICE TO SHOW CAUSE, HOW SERVED.- The notice to show Cause provided for in this article may be served by any police officer of the city and the return of such officer shall be suf- ficient evidence of the service of the same. Service and return of every such notice shall be made in the manner provided by law for the service of summons in justice court. Sec. 41. TRIAL, HOW CONDUCTED;. DECLARATION OF VACANCY, NO APPEAL; ORDER OF OUSTER, ß!ÎIFORCEMENT.- The proceedings at the trial of any person under the provi sion s of th1 s article shall be as . nearly like those in ordinary actions at law as the nature of the case will admit, and it ~hall be the duty of the city attorney, if so directed by the council, to prosecute the case against the said accused officer. Only oral testimony of witnesses under oath or affidavits or depositions for or against the accused will be considered or received. The accused officer shall have the privile e of appearing in person and by counsel. The council, through the police department, 1s hereby authorized to enforce its finding of vacancy in office, order of ouster, and installing, the successor in the place of such removed officer by the use of such reasonable and fiAßAA9,qT'V f'o,..nA A'" mAV hA nAClAARAT"IT to ßA"""V out: 1 to!'! f'inñi nQ' of' 210 ORDINANCE RECORD Compil.d by George R. Mann. Lawyer. Lincoln, Nebraska. FORM NO. 'o' DUIZ PR'O. CO.. DRD. MER Article VII. . CORPORATE SEAL 17-401, c. S. Supp., 1937. Sec. 42.. CORPORATE SEAL, CITY OWNS.- There shall be owned by the City of Blair, Nebraska,' and kept in the office of the city clerk a common seal of the corporation having engraved thereon the words, City of Blair, Nebraska, Seal. Sec. 43. SAME, WHERE AND WHEN AFFIXED.- The city clerk shall affix an impression of said seal to all warrants, licenses, ordi- nanoes and to all papers issued by order of the mayor and oouncil and to be signed by the mayor and countersigned by the city clerk. .1] Article VIII. LEGAL PUBLICATIONS 17-428, 17-580, 20~503, C. S. N., 1929. Sec. 44. LEGAL PUBLICATIONS, WHERE MADE.- All ordinancese.nd resolutions, the publication of mlich is required by law, except where the mayor and council elect to publish in book Or pamphlet form, shall be published in at least one legal newspaper printed in or of general circulation in the City of Blair, Nebraska. Sec. 45. PROOFS OF PUBLICATION, WHEN AND WHERE FILED; VERIFICA- TION OF SPACE, HOW MADE; TWELVE PRINTED COPIES TO BE FURNISHED.- The publisher of any newspaper in which any ordinance, resolution or legal notice may be published shall within ten days after such publication, file with the city clerk of the City of Blair, Ne- braska, a proof of such publication, which specifies and verifies the amount of space charged for by measurement as provided in 33-146, C. S. N., 1929, as now existing or hereafter amended. Such proof of publication shall be in the form of an ad:'fidavi t and shall be accompanied with twelve printed copies of the subject matter published for which claim is to be made. -l Sec. 46. WARRANTS FOR LEGAL PUBLIOATION, WHEN ISSUED.- No warrant, in payment for the publication of any ordinance,' resolution or legal notice published for the City of Blair, NebraSka, shall be issued until proof of publication, together with verification of Space as aforesaid, and .twelve printed copies of the subject matter printed shall be filed in the office of the city cerlk, as herein- before prescribed. Article IX. FIN ES Art. VII, Sec. 5, Const. of Neb., 1919-1920. Sec. 47. FINES INURE TO SCHOOL DISTRICT.- The city treasurer shall pay OVer all fines and penalties received from the police magistrate to the treasurer of the school dlstrlctlYing wholly or partially within the Corporate limits of this city. Article X. FISCAL AND MUNIOIPAL YEARS 17-204, 17-566, O. 8. N., 1929. Sec. 4g. FI SCAL .AND MTnJTf'.T1HT. V""A""" ,~, ORDINANCE RECORD 211 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. - . -"'--.. -- .. Artiole XI. MISCELLANEOUS PROVISION S Sec. 49. POLICEMEN, BADGES.... Every member of the :pol1oe force shall wear a suitable badge, to be furnished by the City of Blair, Nebraska. Any such member who sbaillose or destroy the Same shall be required to pay the costs of replacing it; and whenever any member shall leave the force he shall immediately deliver his badge to the chief of police. 17-11g, 2ß-72g, G. S. N., 1929. ," Sec. 50. SMÆE; REFUSAL TO AID IN MAKING ARREST.- In the execu- tion of his powers and duties in arresting any person or persons accused or suspeoted of any orime or in the, suppression of any riot, Or. unlawful assembly, or in preventing the commission of ,any offense against this city Or the State of Nebraska, any police offioer shall have the power, whenever the same shall be neaessary, to require the aid of citizens or Of one citizen, and any person or persons who shall refuse or wilfully .neglect to obey the summons of said officer in such case, shall, upon oonvlctlon thereof, be fined in any sum not less than TwentY-five Dollars ($25.00) and not exoeeding One Hundred Dollars ($100.00) and the costs of prosecution, and, in default of payment thereof, shall be adjudged to stand committed to the city Jail until such fine and costs be paid, secured or otherwi se di scharged, according to law.. Seo.5l. SEARCH UPON ARREST REQUIRED.- When persons are arrested and lodged in the city Jail, it shall be the duty of any member of the police force' .of said ci ty maJr,ing the arrest to search all persons in the presence of some other person, whenever possiblel and he shall carefully keep and produce to the police magistrate upon the trial everything found upon the person of such prisoner. All personal effects so taken from prisoners aforesaid shall be restored to them upon their release. - Sec. 52. SURETIES ON BONDS.GITY OFFICERS SHALL NOT BE.- No member of the council or other officer of this city shall be ac- oepted as surety on any officer's bond or upon any contractor's bond orllcense or appeal bond or any bond given to the city under any circumstances. Sec. 53. ELECTIVE OFFICERS. APPOINTIVE OFFICERS AND EMPLOYEES, TEMPORARY ABSENGES; COUNCILMEN MUST NOT MISS TWO REGULAR MEETINGS IN SUCCESSION.- Any elective or appointive officer or employee desiring to be temporarily absent from the city or from his post of duty shall apply to the mayor for leave of absenoe, and if any elective officer, appointive officer or employee shall be absent for ninety days, his office may be declared vacant by the mayor and three-fourths of all the members of the council. If any councilman shall neglect or fail to attend two consecutive regular meetings of the oounoil without first obtaining written excuse from the mayor for such absences, his office shall be declared vacant, and the mayor and council shall forthwith fill such vacancy by appointment until the next general election of city officers. Sec. 54. CITY PROPERTY, DELIVERED TO SUCCESSOR.- Every officer shall upon going out of office deliver to his successor all booksl papersl furniture and othA't' 1'.),1 nO'a n"""n~"'_' -, -- ~~ . . - ~ ¿;1¿ ORDINANCE RECORD ~----..m.- Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ---. -...- FOR" NO, '°' QUIZ PRTO. CO.. ORO. NE. Sec. 56. NO SET~FF BY OFFICERS ON CLAIMS AGAINST CITY ,- All officers of the city collecting money on account of the oitYshall immediately pay the same to the city treasurer, taking his receipt therefor and no money collected by any officer shall be retained by him to satisfy any claim which he may have against the city. Article XII. REPEJ\L AND OPERATIVE CLAUSES ,--] Sec. 57. REPEAL OF PRIOR ORDINANCES IN OONFLIOT.- All ordi- nances and parts of ordinances passed and approved prior to the passage and approval of this ordinance and in conflict therewith are hereby repealed. Sec. 5E!. WHEN OPERATIVE.- This ordinance shall be in full force and take effect from and after i ts passage, approval and publica- tion acCOrding to law. Passed and approved August 24,1939. ij tlLd~~ P. C. SORENSEN, Mayor. ATTEST: -l I / City Clerk. (SEAL) ---. ORDINANCE RECORD 213 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO. "4." OUOZ FT.. CO" ORe. "". .) FIRST READING The Mayor then instructed the Clerk to read by title Ordinance No. 551 , Chapter 20 , of the Munioipal Code of the C1 ty of Blair , Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 551 , Chapter 20 , by title upon its first reading. Whereupon Councilman K. P. Hundahl moved that said Ordinance No. 551, Chapter 20 , be approved on its first reading and its title agreed to. Councilman Martin Kuhr seconded this motion. Whereupon Councilman Dewey Holstein called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vot~ on this motion: Yeas: HUNDAHL, KUHR, HOLSTEIN, CHRISTENSEN, ROUNDS, HANSEN, McCOMB, PAULSEN. . Nays: None. Motion: Carried. Whereupon the Ordinance No. 551 , Chapter 20 and its title agreed to. Mayor declared said , approved on its first reading SUSPENSION OF RULES Whereupon it was moved by Councilman Alfred Paulsen and seconded by döûnci1man Emmett Rounds that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said ordinance might be introduced, read, approved and passed at the I same meeting. Councilman John E. Hansen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the fallowing was the vote on this motion: Yeas: PAULSEN, ROUNDS, HANSEN, CHRISTENSEN, HOLSTEIN, MoCOMB, HUNDAHL, KUHR. Nays: None. Motion: Carried. Whereupon the Mayor declared the statutory rules in regard to the passage and approval of ordi- nances suspended so that Ordinance No. 551 , Chapter 20 , might be read by title the first and second times, and at large the third time with the "Yeas" ani "Nays" each time called and recorded, approved and passed at the same meeting. SECOND READING Ordinance No. 551 , Chapter 20 , now comes on for second reåding. The Mayor instructed the Clerk to read said Ordinance No. 551 , Chapter 20 , by title upon its second reading. The Clerk then read said Ordinance No. 551 , Chapter 20, by title upon its second reading. Whereupon Counoilman C. M. Chrl stensen moved that said Ordinance No. 551 , Chapter 20 , be approved upon its second reading and its title agreed to. Counoi1man Emmett Rounds seconded this motion. Whereupon Councilman Martin Kuhr called for the question. The Mayor put the question and instructed. the Clerk to call the roll for the vote thereon. The Clerk called the roll and the followin~ was the VO~A nn ~~;~ m~+.~_. 214 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. - ....:_~~' ":~:'^ QUI% PTO, C""-S.!!."'-li!<o. THIR,D READING Said Ordinance No. 551 , Chapter 20 , now comes on for third reading. The Mayor instructed the Clerk to read said Ordinance No. 551 , Chapter 20 , at large upon its third reading~ The Clerk read said Ordinance No. 551 , Chapter 20 , at. large upon its third reading. Whereupon Counoilman O. E. McOomb moved that said Ordinance No. 551 , Chapter 20 , be approved on its third reading and its title agreed to.Counoilman Dewey Holstein seconded this motion. Whereupon Councilman Martin Kuhr called for the question. The Mayør .' put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote en this motion: Yeas: MoCOMB, HOLSTEIN, KUHR, HANSEN, OHRISTENSEN, ROUNDS, HUN DAHL, PAULSEN. Nays: None. Motion: Carried. Ordinance No. 551 reading and its title Whereupon the Mayor declared said , Chapter 20 , approved on its third agreed to. FINAL PASSAGE The Mayor declared said Ordinance No. 551 of the Municipal Code of the C1 ty of Blair Nebraska, having been read by title the first and second times and at large the third time, the rules having been suspended and the "Yeas" and "Nays" having been called and recorded four times, and each time dUly approved and its title agreed to, the question is "Shall said Ordinance No. 551 , Chapter 20 , of the Municipal Code of the City of . Blair , Nebraska, finally pass?" Councilman C. M. Christensen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: CHRISTENSEN, HOLSTEIN, HANSEN, MoCOMB, KUHR, PAULSEN, HUNDAHL, ROUNDS. Nays: .None. Motion: Carried. All members having voted on the affirmative for the final passage of said Ordinance No. 551 , Chapter 20 the Mayor' declared said Ordinance No. 551 ,Chapter 20 duly passed and adopted as an ordinance of the City Blair , Nebraska. , Chapter 20 , of APPROVAL Whereupon the Mayor approved said Ordinance No. 551 Chapter 20 . , of the Municipal Code of the 01 ty of Blair Nebraska, by subscribing his name thereto, and the Clerk attested said signature of the Mayor by subscribing his name thereto and affixing thereon the seal of the 01 ty of Blair Nebraska. The above proceedings of the Mayor of this 01 ty with reference to the had on the " 24th day of August and Council ordinance aforesaid, were , 19 39. PUBLICATION ORDINANCE RECORD ,~ 'I r~ t;;, -"- ,) Compiled by George R. Mann, lawyer, Lincoln, Nebraska. --- ------ --- FORM NO- "HA au" ",a, co" ORO, NO., AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA 1 (SS. WAmIINGTON COUNTY. J I, JOHN A. RHOADES " of lawful age, being first duly sworn on oath, say that I am the ()wner and publi ghar of The Enterprise . a printing and Publishing com- pany in the Oi ty of Blair , in said county and state; that the foregoing Chapter 20 ,included in Ordinance No. 551 ,of the Oi ty of Blair Washington County, Nebraska, was by ~ The Enterprise , printed, and published in pamphlet form in said City of Blair, in pursuance of the statutes of the State of Nebraska and the ordi- nances of' said 01 ty of' BlaJLr , NebraslŒ, in such cases made and provided, and by ardor and under authority of' the Mayor and Council of' Blair Washington County, Nebraska" as shown by the following reso- lution passed by its said Mayor and Council August 24 , 19 39 : "BE IT RESOLVED BY THE MAYOR OF THE CITY OF BLAIR AND COUNCIL , NEBRASKA: 1. That the City Clerk be and he is hereby instructed to cause Ordinance No. 551. a General Revision Ordinance which em- braces all ordinances of said citJr of a general and permanent nature divided into 28 Chapters with the several sections there- under, to be published in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Federal Securities Building, Lincoln, Nebraska. Attest: -H~~~~-(¡ilty) Ci~-;:k. (SEAL) , h____---_h______------ -- -----h----t2¿k~~--_____h_-- ~XRqUXQ:~ P. a.SORENSEN, Mayor. Introduced by Councilman John E. Hansen; Adopted August 24 August 24 , 1939. Approved , ~ ".to .. '-., ..<'- ^J ORDINANCE RECORD ~-- .. Compiled by George R. Mann, Lawver, Lincoln, Nebraska. ~ FORM NO, "HA QUIZ 'TG, co., ORD, N<s. - ----....- "..- .. CERTIFICATE OF PASSAGE STATE OF NEBRASKA OF BLAIR 1 [ I SS. COUNTY OF CITY WASHINGTON I, HENRY CHRISTENSEN City Clerk of the City of Blair Washington County, Nebraska, hereby the Municipal Code of this certify that the annexed ordinance, purporting to be Chapter 20 of city and embraced in Ordinance No. 551 of said city , a General Revision Ordinance which includes all the ordinances of this 01 t;y' , of a general and such by the Mayor perm1nent nature arranged in Chapters and Sections, was passed as and Counoil , of the City of Bla1r Washington County, Nebraska, pursuant to the rules and regulations prescribed by general law and by said Mayo r and Council and was dUly approved by the Mayor for the passage of ordinances, said passage and approval having been made on the of said city August 24th day of which' as a part of Ordinance No. 551 , 1939, with respect to said Chapter aforesaid form by authority of the Mayor has been published in pamphlet and "ounoil of said oity and has been distributed by said city under of the direction of its duly constituted authorities pursuant to resolution Mayor and Counoil thereof. this IN WITNESS WHEREOF, I have hereunto affixed my hand and seal 18th day of September , A. D., 19 39. /ì ORDINANCE RECORD 217 Compiled by George R. Mann, Lawyer. Lincoln. Nebraska. 'O""-'!.Q...L'4~~=ii"1'~ ORDINANCE No. 551 , CHAPTER 21 Introduction of Ordinance No. 1551 Municipal Code of the 01 ty c)f , Chapter 21 Blair , of the Nebraska. And the matter now coming before t'he Mayor and Council was the passage arid approval of Ordinance No. 551 , , of the MUJ;licipal Code of the City of , Nebraska. :rhis ordinance was introduced by Hundahl ' and is in words and figures as Chapter 21 Blai r Councilman K. P. follows, to-wit: Chapter 21 PARKS An ordinance creating a board of park Commissioners for the City of Blair, Washington County, Nebraska; providing the composition of said boe-rel and the qualifications for membE11.'ship; outlining the manner of selecting park board members, their terms of office and designating the powers and duties of said board; provièling for the repeal of pri or ordinances in conflict; pre- scribing the time when this ordinance shall be in full force and take effect; and prescribing a penalty for the destruction of park property. BE IT ORDAINED BY THE MAYOR AND COUNCIl. OF THE CITY OF BLAIR, NEBRASKA: 17-5?3 to 17-527, 77-1201, C. B. N., 1929. Section 1. BOARD OF PARK OOID~ISSIONERS CREATED; ELECTION, DUTIES, BOND.- There is hereby created a board of Park commission- ers for the City of Blair, Washington County, Nebraska. Such board shall be composed of thr,ee members who shall be reSident freeholders of said city and who shall be appointed by the mayor with the advice and consent of the council thereof. Neither the mayor npr any member of the council shall be a member of said board. The board of park commissioners shall have the management and control of all municipal airports, swimming pools, athletic fields, parks, parked areas within the limits of public streets, and playgrounds belonging to said city. Commencing with the last Tuesday in April, 1940, one member of said board she.ll be appointed each year for ateI'm of tlu'ee years; ancI on the last Tuesday in April of each and every year thereafter one meniller shall likewise be appointed for a term of three years ending May first. Each park commissioner so appointed shall hold office until his SuccesBo is duly appointed and qualified. In case of vacancy by resignation or any other cause, the mayor and council shall fill such vacancy for the unexpired term in the manner provided for the selection of appointive officers of this city. Two members of said board shall consti tute a quorum for the trans¡8.ction of business, and at their first meeting after their appointment, and each year thereafter, they shall elect from their number a chairman and a secretary (whic offices shall not be held by the same person). Upon appointment, every member shall give a bond with one or more sureties in the sum of Five Hundred Dollars ($500.00), conditioned upon the faithful ~^~.p~~--~-- ,--- ----,-" u ~., ,.. .- 218 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. --- ----.-,. . -.... "'----.. FORM NO. ".-.. OU<Z PTG. CO.. O~D. N'S. .... --.- . d:rawnby the chairman of said board 1 countersigned by the secre- tary; and no part of said funds shall be disbursed in any other manner or shall be used for any purpose other than park purposes. A repor t of the do ings of said board shall be submitt ed to the mayor and council on or before the first Tuesday in April of each Y~ar. All warrants drawn and countersigned as aforesaid shall be paid by the City treasurer out of the park :fund. 77-1201, O. S. N" 1929. Seo. 3. TAX LEVY FOR PARK PURPOSES.- The mayor and council shall each year make and levy a. tax of not exeeeding one mill on the dollar of actuéJ.l valuation on all real estate and personal property within the corporate limits of said city, taxable acoord- ing to the laws of this state; and said levy shall be collected and . put into the city treasury and shall constitute the park fund of the City of Blair, Nebraska. The funds so collected shall be used for laying out, maintaining, improving and beautifying such parks and for the payment of salaries and wages of persons employed in the performance of such labor. Sec. 4. DESTRUCTION OF PAffi< PROPERTY 1 PENALTY.- Any person who shall cut down, injure or destroy any tree, plant or shrub, or who shall injure or destroy any building, equipment or para.phèrnali belonging to the City of Blair and installed in its parks or on any other public property under the supervision of the board of park qomnlÍssioners or who shall comm1 t any waste of any kind therein, shall be deemed. guilty of a misdemeanor, and 1 upon conviction t'hereof shall be fined in any sum not less than Ten Dollars ($10.00~, nor more than One Hundred Dollars ($100.00), and, in dl;Jfault of payment thereof, shall be adjudged to stand committed to the city jail until said fine and costs of prosecution be paid, secured or otherwise discharged. according to law. Sac. 5. REPEAL OF PRIOR ORDINANCES IN CONFLIOT.- All ordinances and parts of ordinances passed and approved prior to the passage and. approval of this ordinance and. in conflict therewith are hereby repealed~ Sec. 6. WHEN OPERATIVE.- This ordinance shall be in full force and take effect fro~ránd after its passage, approval and publication according to law. Passed and approved. August 24, 1939. ¡;? /~rb~ ATTEST: P. O. SORENSEN, Mayor. ~~/ HENRY HRI~TENSEN, Oity Clerk. ( SEAL) ORDINAN(~E RECORD 219 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. -- FO.~ N~. t2~~... aU" FRT.. co """"="" FIRST READING The Mayor then instructed the Clerk to read by title Ordinance No. 551 , Chapter?l , of the Municipal Code of the 01 ty of Bla1r .' Nebraska. The Clerk thereupon read the aforesaid Ordinance No. ~¡5l , Chapter 2[" , by title upon its first reading. Whereupon Councilman O. M. Ohri stensen ,moved that said Ordinance No. 551 , Chapter 21 . , be approved on its . first reading and its title agreed to. Counoilman Emmett Rounds seconded this motion. Whereupon CC)unollman Dewey Holstein called for the question. The'Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: CHRISTENSEN, ROUNDS, HOLSrEIN, PAULSEN, KUHRI HUNDAHL, HANSEN, McCOMB. Nays: None. Motion: Carried. Whereupon the Ordinance No. 551 , Chapter 21 and its title agreed to. Mayor declared said , approved on its first reading SUSPENSION OF RULES Whereupon it was moved by Counci.lman John E. Hansen and seconded by Councilman Alfred Paulsen that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said ordinance might be introduced, read~ approved and passed at the same meeting. Councilman C. E. MoCiomb called for the question. The Mayor put the que:3tion and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HANSEN, PAULSEN, MoCOMBI CRR! STENSEN, HOLSTEIN, ROUNDS, HUN DAHL , KUHR. Nays: None. Motion: Carried. Whereupon the Mayor declared the statutory rules in regard to the passage and approval of ordi- nances suspended so that Ordinance No~ 551 , Chapter 21 , might be read by title the first and second times, and at large the third time with the "Yeas" and "Nays" each time called and recorded, approved and passed at the same meeting. SECOND HEADING Ordinance No. 551 , Chapter 21 , now comes on for second reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter 21 ,by title upon its second reading. The Clerk then read said Ordinance No. 551 , Chapter 21 , by title upon its second reading. Whereupon Councilman Martin Kuhr moved thàt said Ordinance No. 551 , Chapter 21 , be approved upon its second reading and its title agreed to. Councilman K. P. Eundahl seconded thIs motion. Whereupon Councilman Emmett Rounds called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the f'n'l"",'¡"", m~~ +...~ ..-...- --- "".' ¿:;!.u ORDINANCE R'ECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ._. -~====~==,,_.~~==. . FORM NO "HA au", PRTG. CO.. ORa NEB ,..." ,. ..n. THIRD READING Said Ordinance No. 551 ,Chapter 21 , now comes on for third reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter 21 , at large upon its third reading. The Clerk read said Ordinance No. 551 ,Chapter 21 ,at large upon its third'reading. Whereupon (Jounol1man Dewey Holstein moved that såid Ordinance No.551 ,Chapter21 ,be approved on its third reading and its title agreed to. Oounc11man John E. Hansen seconded this ¡notion. Whereupon CounoilmEln K.P .Hundah1 called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HOLSTEIN, HANSEN, HUN DAHL , CHRIBTENSEN, ROUNDS, McCOMB, KUHR, PAULSEN. Nays: None. Motion: Carried. Ordinance No. 551 reading and its title Whereupon the Mayor declared said ,Chapter 21 approved on its third agreed to. FINAL PASSAGE The Mayor declared said Ordinance No. 551 of the Municipal Code of the 01 ty of Blair Nebraska, having been read by title the first and second times and at large the third time, the rules having been suspended and the "Yeas" and "Nays" having been called and recorded four times, and each time duly approved and its title agreed to, the question is "Shall said Ordinance No. 551 ,Chapter 21 ,of the Municipal Code of the City of Bla1r , Nebraska, final~y pass?" Counoi1man Alfred Paulsen called for the question. The Mayor put the question and instructed the Clerk to, call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: PAULSEN, HUNDAHL, McCOMB, KUHR, HANSEN, ROUNDS, CHRISTENSEN, HOLSTEIN. Nays: None. Motion: Carried. All members having voted on the affirmative for the final passage of said Ordinance No. 551 ,Chapter 21 the Mayor declared said Ord:i.nance No. 551 ,Chapter 21 duly passed and adopted &3 an ordlnence of the 01 ty Blair , Nebraska. , Chapter 21 , of APPROVAL Whereupon the Mayor app, eved said Ordinance No. 551 Chapter 21 , of the Municipal Code of the 01 ty of Blair Nebras]Œ, by subscribing his name thereto, and the Clerk attested said signature of th~ Mayor by subscribing his name thereto and affixing thereon the seal of the 01 t~r of Blair Nebraska. , , The above proceedings of the Mayor of this o1ty with reference t~ the had on the 24th day of Augu at and Council ordinance aforesaid, were , 1939,,' 'PHRT.T"^"'T(\1\T "'î ORDIN.ANCE RECORD 221 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM.O 12"" CUIZ P"TO. CO.. 0"0. .n. AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA ¡ (SS. WASHINGTON COUNTY. J I, JOHN A. RHOADES , of lawful age, being first duly sworn on oath, say that I am the owner and publisher of The Enterprise . a printing and publishing com- þany in the Oi ty of Bl¡!:lir , in said county and state; that the foregoing Chapter 21 , included in Ordinance No. 551 , of the Oi ty . of Blair County, Nebraska, was by tÐÐ ~rhe Enterprise, printed and published in pamphlet form in said 01 ty of Blal r , in pursuance of the statutes of tho State of Nebraska and the ordi- nances of said City of Blair, Nebraska, in such cases made and provided, and by order and under authority of the Mayor and Council of Blair Washington County, Nebraska" as shown by the following reso- lution passed by its said Mayor and Counoil Augu at 24 , 19 39 : '~BE IT RESOLVED BY THE MAYOR OF THE CITY OF BLAIR AND COUNCIL , NEBRASKA: 1. That the City Clerk be and he is hereby instructed to cause Ordinance No. 551 , a General Revision Ordinance which' em- braces all ordinances of said cltJr of a general and permanent nature divided into 28 Chapters with the several sections there- under, to be published in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Federal Securities Building, Lincoln, Nebraska. Attest: .. ~~~;;;¡;;~(Cit;;)~Cl';k' (SEAL) --------------------.-, .m------nnn--_iZ!L/.~----------.. ~xB.KX~X~~ P. C. SORENSEN) Mayor. Introduced by Councilman John E. Hansen; Adopted August 24 , 1939. Approved August 24 . 1919. n : 222 ORDINANCE R'ECORD Compiled by George R. Mann. Lawyer, Lincoln, Nebraska. FORM NO, '24-M QUIZ PRTO, CO.. ORO, NEB. CERTIFICATE OF PASSAGE STATE OF NEBRASKA CITY OF BLAIR I I 55. I COUNTY OF WASHINGTON I, HENRY OHRISTENSEN Cl1~y Clerk of the City of Blair Washington CoUnty, Nebraska, hereby certify that the annexed ordinanc,e, purporting to be Chapter 21 of the Municipal Code of this city and embraced in Ordinance No. 551 of said oity , a General Revision Ordinance which includes all the ordinances of this òity , of a general and permanent nature arranged in Chapters and Sections, was passed as such by the Mayor and Council , of the City of Blai r Washington County, Nebraska, pursuant to the rules and regulations prescribed by' general law and by said Mayor and Counoil for the passage of ordinances, and was duly approved by the Mayor of said oity said passage and approval having been made on the 24th day of August , 1939, with respect to said Chapter aforesaid which as a part of Ordinance No. 551 has been published in pamphlet form by authority of the Mayor and iJounoil of said city and has been distributed by said city under direction of its duly constituted authorities pursuant to resolution of the Mayor and Counoil thereof. IN WITNESS WHEREOF, I have hereunto affixed my hand and seal -ì ORDINANCE RECORD 223 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO "'.5A9.U Z TO 0 0 ORDINANCE No. 551 , CHAPTER 22 Introduction of Ordinance No. 551 Municipal Code of the City of , Chapter 22 Blair , of the Nebraska. Chapt~r Bla1 r Oounol1man Dewey follows, to-wit: And the matter now coming before the Mayor and Counoll was the passage and approval of Ordinance No. 551, 22 ,.. of the Municipal Code of the 01 ty of , Nebraska. ~Chis ordinance was introduced by Holste1n , and is in words and figures as Chapter B2 PASSAGE OF ORDINANCES, RESOLUTIONS AND ORDERS; COUNCIL ORDER OF BUSINESS An ordinance prescribing the method and manner of passing ordinances resolutions and orders by the mayor and council of the City of Blair, Nebraska.; specifying the manner of introducing ordinances, the form, the reading and. entHling of the same, the requirement of a quorum to be present at the passage of the same; providing for the publication, revision, attestation, approval, recordation and amendment of the same; adopting rules and order of business for the council; providing for the repeal of prior ordinances in conflict; and prescribing the time when this ordinance shall be in full force and take effect. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: Article I. ORDINANCES, RESOLUTIONS AND . OR.!) ERB ; PROCEDIDZE FOR PASSAGE 17-519 to 17-522, C. S. N., 1929. Section 1. INTRODUCTION ,- Orcl:lnances shall be introduced by members of the council in this city in ei thar of the. following ways: (1) With the recognition of the mayor, a councilman may rise in his place and in the presence and heaJring of a maj ori ty of the members elected to the council read aloud the substance of his proposed . ordinance and file a copy of the :3ame with the city clerk for future consideration; (2) or with the reoogni tien of the me.yor a council- man may present his proposed ordinance to the clerk, who, in the presence and hearing of a majority of the members elected to the council, shall read. aloud the substance of the same and shall file the same for future consideration<, "", I Sec. 2. SAME, FORM.- The form of ordinances shall be as follows: First, the title, which clearly and fully expresses every subj €let contained in the text of the ordinance; seG:) nd, the statu- tory ordination oause as follows: "Be it ordained by the Mayor and Council of the City of Blair, Neb:raska"; third, the text of the ordinance properly divided into sl3ctions, each section to contain and express, as nearly as possibll3, a single unit of legislative matter; fourth, a section repealing prior ordinances in conflict wi th the ordinance; fifth, a. section prescribing the time when the ordinance sha.ll take effect. which in every C¡:¡RP. Rn¡:¡ll hI". 11'1)('\'11 i +.s:! 2~1 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. -, 'aRM NO. ""'A QUIZPTG. CO., ORD. N'., that three-fourths of the members elected to the council may, by motion or resolution, with the yeas and nays reGorded, dispense with this rule and cause the proposed ordinance to be voted upon at a single meeting, with readings, roll calls and final passage as follows: (1) By title one time, when introduced, with the yeas and nays recorded.. (2) Hules suspended, with yeas and nays record.- ed, as aforesaid. (3) By title a second time with the yeas and nays recorded. (4) At large one time with the yeas and nays recorded. (5) Final þassage, - "Shall Ordinance No. finally pass?1I with the yeas and nays recorded. Ordinances of a non-permanent or local nature may be passed, without the same being read on three different days, at a single meeting of the council upon one reading at large with the yeas and nays recorded, a majority of all members-elect of the council concurring. Sec. 4. ENTITLnTG.- Before any proposed ordinance shall be submitted to a vote of a majority of the members elected to the couricil of this city, it shall be commenced with a title which clearly and fully expresses the subject of the said ordinance or th definite subdivisions thereof; and no ordinanoe or definite sub- divisions thereof shall contain any subj ect-mätter which is not clearly expressed in this title. Sec. 5. QUORUM. Before any ordinance shall be submitted to a vote of the council of this city, the mayor shall ascertain whether a majority of the members elected to the council are present; no ordinance shall be valid unless it receives the affirmative vote of a majority of the members elected to the council of this city. Sec. 6. VOTING.- The vote on any ordinance shall be viva voce, and yeas and nays shall be recorded by the Cliiy clerk. Sec. 7. PUBLICATION.- Within thirty days from the time that any ordinance shall have received the assent of a majority of the members elected to the council of this city, it shall be published one time in full in a legal newspaper in this city, or posted in three public plac6s,- if there be no legal newspaper published in the city or in case of impending danger,- or published in book or pamphlet form. Sec. 8. ATTESTATION, APPROVAL; RECORDATION.- After all ordi- nances have been duly published as outlined in the preceding sec- tion, the city clerk shall annex to said ordinances a certificate under seal attesting the passage, approval, and publication thereof. The mayor shall sign all ordinances. duly passed. All ordinances shall be recorded stric.tly in accordance with the provisions of Section 25, Chapter 20, Ordinance No. 551. I I Sec. 9. AMENDMENT AND REVISION OF ORDINANOES.- Ordinances duly ena.cted by the mayor and council of this city shall be altered, amended or revised only by the complete nullification and repeal thereof and the substitution of a new ordinance containing the entire ordinance, or section thereOf, as altered, amended or revised. Sec. 10. RESOLUTIONS AND ORDERS; ROLl, CALLS, WHJ1:NREQUIRED.- Resolutions and orders shall beintroduo,ed in one of the methods prescribed for the introduction of ordimmces as provided in Section 1 of this cha.pter. After their introduction t.Ì1AV J'ln~'l :-i ORDINAN(;E RECORD 225 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. --....-... ... . .....---.--. ....-.-.,..-- .. called in every instance where the matter before the council.in- volves directly or indirectly the expenditure of public funds. Article II. COUNCIL RULES AND ORDER OF BUSINESS r--- 17-4?8, C. S. N., 1929. Sec. 11. COUNCIL RULES Am) ORDER OF BUSINESS.- Rule 1. Five members elected to the council shall constitute a quorum for the transaction of business, but a smaller number may adjourn from day to day and compel attendance of members: Provided, that on the request of any two members, whether a quorum be present or not, any absentee shall be Bent for and compelled to attend. Rule 2. At the hour appointed for the meeting the clerk shall proceed to call the'roll of members and announce whether a quorum be present. Upon. the appearance of a quorum, the oouncil shall be called to order by the mayor, if present; but if the mayor be absent, then by the president of the council. In the absence of both mayor and president, one of the councilmen present shall be elected president pro tempore. The council shall proceed to business, which shall be conducted in the following order: First, the reading of the minute of the proceedings of last meeting; second, the presentation of petitions and other communications; third, reports of officers; fourth, reports of standing committees; fifth, reports of seleot committees; sixth, unfinished business of preceding meetings; seventh, the introduction of ordinances and resolutions, and the firstreaQing of ordinances; first reading, roll call; suspension of rules; roll call; eighth, second reading of ordinances, roll call; ninth, third reaél. ing of ordinance, roll call; tenth, the final passage of ordinances, roll call: Provided, if the rules be suspended, as aforesaid by three-fourths of the members-elect of said council, ordinances of a general and permanent nature, shall be read by title one time, when introduced, shall be read by title a second time after the rules shall have been dispensed with, then shall be read at large at third reading and then put upon final passage; otherwise the requisites for the passage of such ordinance shall be that they be fully and distinctly read on three different days with the yeas and nays called and recorded which shows oon- currence by a majority of all members elected to the council; eleventh, special order of business; twelfth, claims for and agains the city; thirteenth, miscellaneous business. Rule 3. The mayor or president may refer back to any ordElr of business after passing it, if there be no objections by any member of the council. Rule 4. The mayor or president shall preserve order and decorum, and shall decide all questions of order, subject to an appeal to tIle council. When a member is called to order, he shall be seated unti the point 1s decided. Rule 5. While the mayor or president is putting the question, no member shall leave the council room. Rule 6. Every member previous to his speaking shall rise from his seat and address himself to the presiding officer, and while speaking shall confine himself to the question. Rule 7. When two or more members rise a.t once the mayor or president shall name the member who is first to speak. Rule 8. All resolutions and motions shall be reduced to writing before being acted upon, if so required by the city clerk or by any member of the council. fulls 9. Every member who shall be present when a question is stated by the presiding officer, shall vote thereon unless excused by a majority of the council present. Rule 10. No mntinn shAll hp nl'+' 1"\" 225 ORDINANCE R:ECORD Compiled by George R. Mann, Lawyer, LIncoln, Nebraska. --'__m_- -------= FORM NO. 00' DU", PRT'. CO.. ORO, NEO -----,-------------- - -------- ------- nays upon any question shall be taken and- entered on the minutes. Rules 13. ~be council may reprimand or ,censure its members for any breach of trust or disorderly behavior. Rule 14. A resolu- ti.on) ordinance or motion may be withdrawn by the mover) with consent of the second, before the sa.meahall be voted upon. Rule 15. When a blank is to be filled and different SUfiS or times are proposed, the' question shall be put on the largest 'sum or longest time. Rule 16. A motion to reconsider shall be in order when made by a member voting with the majority, but such motion to reconsider must be made before the expiration of the third regu- lar meeting after the consideration of the same question. Rule 17. When a question is under debate) no motion shall be made, enterta.ined or seconded, except the following privileged motions, to-wit: First) the previous question; second, to lay on the table; third, to adjourn. Each of said privileged motions shall be decided without any debate. Rule 18. Any rule of the council may be suspended by a two-thirds vote of the members present. Rule 19, In all cases and instances in which provisions are not made by these rules) Roberts' Rules of 'Order is the authority by which this council is governed. ARTICLE III, REPEAL AND OPEHATIVE CLAUS:E;S 8ec,,12. REPEAL OF PRIOR ORDINANOES IN OONFLICT,- All ordi- nances and parts of ordinances passed and approved prior to the passage and approval of this ordinance and in conflict therewith, are hereby repealed. . , 8eo.13. WHEN OPERATIVE.- This ordinanoe shall be in full force and take effect from and after its passage, appfoval and publication, according to law. Passed and approved August 24, 1939. ¡j1 £krl--7 ~ ~- -I I P. C. SORENSEN, Mayor ATTEST: '~--. /' .Æ-~ -Q-"-"'" (SEAL) -¡ ORDINANCE RECORD 227 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO, 12H^ OUIZ PTO, CO.. ORD, NEB, FIRST READING '~~I The Mayor then instructed the Clerk to read by title Ordinance No. 551 ,Chapter 2,2 ',of the Municipal Code of the 01 ty of Blair , Nebraska. The Clerk thereupon re.ad. the aforesaid Ordinance No. !55l ,Chapter 2? ,by title upon its first reading. Whereupon Councilman John E. Hansen moved that said Ordinance No. 551 " Chapter 22 ,be approved on its first reading and its title agreed to. . Oounc1lman Alfred Paulsen seconded. this motion. Whereupon Oounoilman C. E. MoComb called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this .motion: Yeas: HANSEN, PAULSEN, MoCOMB, KUHR, HUN DAHL, CHRISTENSEN, HOLSTEIN, ROUNDS. Nays: None. ¥otiòn: Carried. Whereupon the Ordinance No. 551 ,Chapter 22 and its title agreed to. Mayor declared said , approved on its first reading SUSPENSION OF RULES Whereupon it was moved by Councilman Emmett Rounds and seconded by Councilman Martin Ku~ that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said ordinance might be introduced, read, approved and passed at the same meeting. Oøuncllman K. P. Hundahl called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: MoCOMB, KUHR, HUNÐAHL, CHRISTENSEN, HOLSTEIN, ROUNDS', HANSEN, PAULSEN. ' Nays: None. Motion: Carried. Whereupon the Mayor declared the statutory rules in regard to the passage and approval of ordi- nances suspended so that Ordinance No. 551 , Chapter 22 , might be read by title the first and second times, and at large the third time with the "Yeas" ani "Nays" each time called and recorded, approved and passed at the same meeting. SECOND READING Ordinance No. 551 ,Chapter 22 , now comes on for second reading. The Mayor instructed the Clerk to read said Ordinance No. 551 , Chapter 2~~ , by title upon its second reading. The Clerk then read said Ordinance No. 551 ,Chapter 22, by title upon its second reading. Whereupon Councilman C. M.Ohri~tensen moved that said Ordinance No. 551, Chapter 22 ,be approved upon its second reading and its title agreed to. Councilman Dewey Holstein seconded this motion. Whereupon Councilman Emmett Rounds called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the followinO' w-""" tn" ""+" ,,~ +'h4~ -.;+.,~_. 228 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. CORM NO. aHA O",>PTG. co. ORC . THIRD READING Said Ordinance No. 551 , Chapter 22 , now comes on for third reading. The Mayor instructed the Clerk to read said Ordinance No. 551 , Chapter 22 , at large, upon its third reading. The Clerk read said Ordinance No. 551 , Chapter 22 ,at. large upon its third reading. Whereupon (Jouncl1man Emmett Rounds moved that said Ordinance No. 551 , Chapter 22 , be approved on its third reading and its title agreed to. Oouncilma.n John E. Hansen. seconded this motion. Whereupon Oouncilm¡:tn Martin Kuhr called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: ROUNDS, HANSEN, KUHR, PAULSEN, MoCOMB, CHBISTENSEN, HOLSTEIN, HUNDAHL. Nays: None. Motion: Darried. Ordinance No. 551 reading and its title .-~ I . I Whereupon the , Chapter 22 agreed to. Mayor declared said , approved on its third FINAL PASSAGE '~ .. The Mayor declared said Ordinance No. 551 , Chapter 22 of the Munic ipal Code of the 01 ty of Bla1r Nebraska, having been read by title the first and second times and at large the third time, the rules having been suspended and the "Yeas" and "Nays" having been called -and recorded four times, and each time duly approved and its title agreed to, the question is "ShaH said Ordinance No.551 , Chapter 22 , of the Municipal Code of the City of Blair , Nebraska, finallY."pass?" Councilman K. P. Hundahl called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HUNDAHL, HOLSTEIN, HANSEN, PAULS!!~N, McOOMB, CHRISTENSEN, KUHR, ROUNDS. Nays: None. Motion: Carried. All members having voted on the affirmative for the final passage of said Ordinance No. 551 , Chapter 22 the Mayor declared s~ Ordinance No. 551 ,Chapter 22 duly passed and adopted as afT ordinance of the 01 ty Blair , Nebraska. --, , of APPROVAL Whereupon the Mayor approved sald Ordinance No. 551 Chapter 22 , of the Municipal Code of the City of Blair Nebraska, by subscribing his name thereto, and the Clerk attested said signature of the Mayor by subscribing his name thereto and affixing thereon the seal of the City of Blair Nebraska. The above proceedings of the Mayor of this oity. with reference. to the had on the 24th day of August -, , , and Oouncll ordinance aforesaid, were , 1939 . PUBLICATION I ORDINANCE RECORD 229 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO. aHA QUIZ ho. eo., ORD. NEB. AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA 1 (SS. WASHINGTON COUNTY. J I, JOHN .}\. RHOADES , of lawful age, being first duly sworn on oath, say that I am the owner and publisher of The Enterprise .. " a printing and publishing com- pany in the C1 ty of Blair , in said' county and state; that the foregoing Chapter 22 ,included in Ordinance No. 551 ,of the C1 ty of Blair Washington County, Nebraska, was by ~ The Enterprise, pr1nted and published in pamphlet form in said City of Blair, in pursuance of the statutes of the State of Nebraska and the ordi- nances of said C1 ty of B la1r , Nebraska, in such cases made and provided, and by order and under authority of the Mayor and Counoil of Blair Washington County, Nebraska" as shown by the following reso- lution passed by its said Mayor and Counoil Augu.st 24 , 1939 : ~-ì nBE IT RESOLVED BY THE MAYOR OF THE 01 TY OF BLAIR AND COUNCIL , NEBRASKA: 1. That the City Clerk be and he is hereby instructed to cause Ordinance No. 551 , a General Revision Ordinance which em- braces all ordinances of said 011iy of a general and permanent nature divided into ag Chapters with the several sections there- under, to be published in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Federal Securities Building, Lincoln, Nebraska. -------------------_._---------------____-ûL~___--_--- .. ~xøU1!lxm%x~ P. C. SORENSEN, Mayor. Attest: ~ . . -H~I8T~¡~~(C~¡i.Y)'Ci-;;k , (SEAL) Introduced by Couno1lman John E. Hansen; Adopted August 24 , 1939. A 1"I1"IT>n"A A Au¡;rn et 24. , n'7;Q ". 230 ORDINANCE RECORD Compiled by George R. Mann, Lawver, Lincoln, Nebraska. '\ FORM NO. ,,<-5, QUIZ PTG. CO.. ORD. NEB. CERTIFICATE OF PASSAGE .CITY OF BLAIR 1 I SS. I I~ I STATE OF NEBRASKA COUNTY OF WASHINGTON I, HENRY CHRISTENSEN City Clerk of the City of Blair Washington County, Nebraska, hereby certify that the annexed ordinance, purporting to be Chapter 22 of the Municipal Code of this city and embraced in Ordinance No. 551 of said city , a General Revision Ordinance which includes åll the ordinances of this city , of a general and permanent nature arranged in Chapters and Sections, was passed as such by the Mayor and Council , of the City of B1ai r Washington County, Nebraska, pursuant i~ to the rules and regulations prescribed by general law and by said Mayor, and Council for the passage of ordinances, and was dUlY' ~pproved by the Mayor of said city said passage and approval having been made on the 24th day of Augu at. , 19 39, with respect to said Chapter aforesaid which as a part of Ordinance No. 551 has been published in pamphlet form by authority of the Mayor and Council of' ~, said city and has been distributed 'by said city under direction of its duly constituted authorities pursuant to resolution of the Mayor and Council thereof. IN WITNESS WHEREOF, I have hereunto affixed my hand and seal this 18th day of' September , A. D., 19 39. -, ORDINAN(;E RECORD 231 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO 12HA OUO> PRTO. CO.. ORa. N<" ORDINANCE No. 551 , CHAPTER 23 , .Chapter 23 Blair , of the Nebraska. Introduction of Ordinance No. 551 Municipal Code of the City of Chapt~r Blair Councilman John follows, to-wit: And the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 551 23 , of the Municipal Code of the City , Nebraska. This ordinance was introduced E. Hansen, and is in words and figures , of by as Chapter 23 SEWERS, SEWAGE DISPOSAL AND PLUMBING REGULATIONS An ordinance regulating the construction, alteration, maintenance and repair of sewers within the corporate limits of the City of Blair, WaShington County, Nebraska; to provide that the water and light COmmissioner shall be ex officio sewer commissioner; to prescribe his bond and duties; to provide procedure for compulsory sewer connections by owners of property abutting main or'lateral sewers in the sanitary sewer district; to prohibit the use or maintenace of privies or cesspools in said sanitary sewer district and to prescribe procedure for their abatement as nuisances; to provide rules and regulations for plumbing and drainlaying in connection with sewer construction; to fix the amount of connection fees in 0:9,888 of new construction; to pro- vide penalties for the violation of the several sections of this ordinànce; to provide for the repeal of prior ordinances. in con- flict; and to prescribe the time when this ordinance shall be in full force and take effect. BE IT ORPAINED BY THE MAYOR AND COUNCIL OF THE OITY'OF BLAIR, NEBRASKA: Article 1. SEWERS AND SEWAGE DISPOSAL 17-528 to 17-540, c. S. No, 1929. Section 1. SEWER COMMISSIONEH, WATER AND LIGHT OOMMISSIONER EX OFFIOIO, IS; DUTIES, GENERAL; BOND.- The water and light commissioner, under the direction and supervision of the mayor and council, shall be Sewer commissioner ex officio, and. shall have general control over the systems of sèwerage of the city of Blair, Nebraska. He shall supervise all repairs made from time to time to the origins.l oonstructi on of and extensions to all systems, of sewerage and drainage within said city. No bond shall be required of said sewer commisSioner. 17-528, o. S. N., 1929. Sec. 2. SEWEll OONNECTIONS IN BANITARYSEWER DISTRIOT; OOM- PULSORY IN BUSINESS DI STRICT; REPJI.IRS, EXISTING CONNECTIONS, TO; SANITARY SEWER DISTRICT, DEFINED; COMPULSORY OONNECTIONS OUTSIDE BUSINESS DISTRICT, WHEN MADE.- All private property wi thin the limits of thA I'IAnit:"..." c",';""... rI~n"'~'_'" J- .1..'-- '0... _.0 .. .. , . 232 ORDINANCE R.ECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska, FORM NO. ""DA QUIZ .NTO. CO.. OND. NER. said. sewer main or lateral, and to install or cause to be installe proper sewer pipe connections to convey such refuse into said main or lateral. If the owner of such property wi thin said busi- ness district shall fail or neglect for ten days after the service of said notice, to comply with this regulat!U:m, , to make such connections, to install such drainage pipes or to make any repairs which may be necessary therein, then and in that case, the mayor and council shall cause the same to be done, and assess the cost thereof against the said property as a special assessment, the sam to be collected as other special assessments and special taxes, as provided by law. The notice hereinbefore referred to shall be in writing and shall be served by the city clerk, tUlder direction from the mayor and council, upon the owner. or owners of any such property, either by personal service, or by publication in some legal newspaper published in and of general circulation in the City of Blair. Said notice shall describe the real estate require to be connected with said sewer and shall notify such owner that he is required to make such connection or to make repairs to existing connections within ten days af1;er the service or publi- cation thereof, and that if the fails to comply with said notice the mayor and council will cause such c()11nection or repairs to be made and. assess the costs thereof against said property: Provided if such notice be ma.de by publication,i;he same shall be published one time in a legal newspaper ten days prior to the da.y when said clty undertakes to make said. connection or repairs pursuant to the provisions of this section. The sanitary sewer district in the' business district of the City of Blair, Nebraska, shall include territory as follows, to-wit: All of Blocks Thirty-six (36), Thi.rt. y-seven (3?), Thirtr-eight (38), FortY-f. ive (45), Forty-six (46) and Forty-seven (47),- All in the Oity of Blair, Washington County, Nebraska, as shown on the Recorded Plats thereof. All private property outside the business district of said sanitary sewer district, as above defined, and abutting any main or lateral sanitäry sewer. shall be equipped. with a proper connection to said main or lateral sanitary sewer, if and when ordered by the council. in accordance. with procedure set forth above to accomplish compul- sory sewer connection in said business district. -, I '. - -- -, -I I Sec. 3. SAxÆ, INSPECTION REQUIRED; PRIVY VAULTS, CESSPOOLS IN SANITARY SEWEH DISTRICTS, PROHIBITED; ABATEMENT PROCEDURE SPECI..:.. FIED.- All such connections and repairs shall be made and con- structed in accordance with the plumbing regulations provided in this municipal code or by other ordinanees of this c1 ty and shall be inspected by the plumbing inspector, the sewer commissioner ex officio, who shall in all things be governed by plumbing regu- lations in force and -affect. It shall 'be and is hereby declared unlawful for the owner or owners, lessee or lessees, occupant or occupants of any r ea1 property wi thin the 1imi ts of any sanitary sewer. district in the City of Blair, if and when ordered or directed by resolution of the mayor and council, situated upon any street or alley along which, opposite such real property, i 8 or shall be any sewer, belt line, sewer main or lateral, to keep, use mai.ntain or have any privy vault, cesspool; hole or other means or. contrivance for the disposal of sewage or other refuse, otherwise. than by disposal thereof into such sewer main or lateral. Any person violating this section shall be deemed gun ty of mis- demeanor, and, upon conviction thereof, shall be fined in any sum not more than One Hundred Dollars ($100.00), and, in default of ..- - , - ORDINAN(:;E RECORD 233 Compiled by George R, Mann, Lawyer, Lincoln, Nebraska, . . five da.ys after the entry of such order of abatement or removal~ then such person may be proceeded against by the court as for contempt, or the court may direct the chief of police to cause the abatement or removal of such nuisance, and, upon the chief of police making a return showing the abatement or removal of such nuisance, the expense thereof shall be taxed as costs of such prosecution and collected as other costs. This section is oumu- lative and shall not prevent or exclude the removal of any such nuisance by s.ny other lawful mean's. Sec. 4. DRAINLAYING, RULES AND REGULATIONS, STANDARDS OF EFFICIENCY.- The following rules and regulations are hereby established to govern the construction of all new, or the recon- struction of old plumbing or drainlaying work. Rule one. All soil pipes and fittings in buildings and to a distance of not lees than three feet outside of buildings shall be standard soil pipe, free from any defects and of uniform thickness; or wrought iron gal- vanized pipe with reoessE1d screw draine~ge fittings. All soil pipe above five feet over the highest fixture may be a standard 8011 pipe. Rule two. All main lines of soil pipe shall run on as near a direct line as possible to principal fixtures or set of fixtures, then as direct as possible to a point eighteen inches above roof; 1~6, 1-8, and 1-16 bends may be used at roof. In all cases the pipe or aggregate number of branches of main soil pipe shall equal in cross sect ion the main' soil pipe entering building and in no case shall be less than four inches in diameter. Rule three. All soil pipes must, if practicable, have a. fall of at least a quarter of an inch to the foot, and be put in as even as Possible. Rule four. All horizontal lines of waste pipe must have brass extra. heavy iron clea.n-out placed at one end of the line and. clean-out must have shoulder and washer at screw oonnection. Rule five. There must be a Y and 1-8 bend or two 1-8 bends with a Y above bends at the foot of 8.11 vertical lines of waste pipe and a clean-. out caulked into the Y; but if it is under floor, clean-out must b carried flush with the floor line, or to some point where it will be readily accessible. Clean-outs must be same size as soil pipes, except when soil pipe is larger than four inches, in such cases clean-out need not be larger than four inches in diameter. Rule six. All changes in direction of horizontal lines of waste pipes must be made with Ys or 1-6, 1-8 or 1-16 bends. Rule seven. No sanitary or common Ts will be allowed on horizontal lines of waste pipes except where it is impossible to use Yand 1-8 bend. Rule eight. Where soil or waste pipes are placed. in buildings for future use, the necessary openings in soil and ventilation pipes must be left as near the place for future use as possible and securely plugged, tested. and inspected. Rule nine. Eachvertical line of soil pipe shall rest.on an iron pipe rest, or on Bome unremovable timber, and when lines are more than twenty feet they must have rests on each floor. Rule ten. Horizontal line of soil pipe must .be fastened with iron hooks or iron hangers. run on wall or ceiling, and when put in trench must be supported by brick or stone piers. Rule eleven. In buildings that hav'e been fitted up with standard soil pipes, additional extensions may be made with standard soil pipes, providing work in building is in accordance with rule two of this section, when standard soil pipe is used, inspection only shall be required, but work must be done in accordance with said rule, B.nd when standard pipe is taken out from roof to first floor for any cause, soil pipe in building must 'h.. 1'.......1",.",,<'1 ...<-1-"- --<----"---" _._~, -- 23tl 0 R DIN .A. N)iCE~ R E'C 0 R D Compiled by George R. Mann, Lawyer, Lincoln, Nebt..ka. FORM No. 101 O"'Z PRTO, CO.. ORD. NEB 1-1/2 inch vent pipe: Provided, said waste pipe shall be increase to 4 inches at the roof. Rule,fourteen. The proper sizes of waste pipes and traps for fixtures shall not be less than the following sizes; Bathtubs, 1--112 inches, lead or cast iron or brass drum traps, 1-1/2 in.; waterclosets, 4 in.; sinks, 1-1/2 in. S or P Bag flask or drum trap, brass or lead, 1-1/2 in.; wash trays, S or P, Bag fla8~ or drum traps, brass or leaD, 1-1/2 in.; urinals, S or P Bag flask or drum trap, brass or lead, 1-1/a in.; bar wastes, S or P Bag flask or drum trap, brass or lead, 1-112 in.; wash basins, 1-1/4 S or P Bag ór flask trap, all bra.ss, 1-1/4 in.; cesspools and slop sin,ks not smaller than, :3 in. All buildings where there are two or more water.clbsets, said. water- closets shall be back vented or separately venteð. All traps shall be placed as nea,r fixtures as possible. Rule fifteen. All soil pipes and vent pipes must run on as straight a line as possible, and shall not terminate below the top of any window. ' When nearer than ten feet to any window they must be carried above the Same,. Rule sixteen. When, drum traps are used they sha.ll not have long extension vent couplings unle8s there be a slip joint at wall, and they must have couplings that, will allow covers to be taken from traps and allow free access to same. Rule seventeen The proper size for ventilation pipes, when used, shall be as follows: Waterolosets, 2 in.; sinks, 1-1/4 in.; bath tub, 1-1/4 in.; bar waste, 1-1/4 in.; wash basin, 1-1/4 in.; urinal, 1-1/4 in.; cesspool and slop sinks, 1-1/2 in.; wash trays, 1-1/2 in. Rule eighteen. Where two or more reven"l; pipes are joined together and are less than two inches, vent pipe must be one andona-half inches or larger. Rule nineteen. When more than three closets connect to a revent pipe, the revent pipe must be enlarged one size, and one size for every three olosl~ts thereafter until revent pipes equal soil pipe of main. Rule twenty. In all oases where revent pipe equals soil pipe the main soil pipe must be increased at Y branch where revent is taken into it as follows: Two inches to four inches, four inches to six inches, etc. Rule twenty-one. Connection between lead and brass must bemade with wiped joint. Rubber vent couplings will not be allowed. Rule twenty-two. Each B,nd every wash basin and fixture must have' separate traps pla,ced as close to the fixtures as poSsible and be properly ventilatêd. Rule twenty-three. All traps must have a water seal of not less than one and a quarter inches in depth and must be set true to water seal. Rule twenty-four. The use of wooden traps or sinks is prohibited. They shall be of non-abl5orbent material. Rule twenty-five. No pipe, leader or other dovice shall be constructed or suffered to remain if it carries roof water into the sanitary sewer. It is the sense of this rule that no roof water shall ever be permitted or allowed to reach the sanitary sewer. Rule twenty-six. . All joints o'f cast iron pipe must be ,packed wi th picked oakum before molten lead is run in. Rule twenty-seven. Steam boiler blow-offs, pump exhausts, (trains ¡from carriage, or auto wash racks or drains from barn floors or any other drains carrying any semi-fluid substance may be connected with sewer by putting in catch basins of suitable size and construction, pro- vided a permit for such connection shall be obtained'fromthe sewer commissioner and pipe must be put in so as to form a trap in catch basin, and must have clean-out on house side of sewer in catch basin in accordance with plans anCi specifications on file in the office of the sewer commissioner. Rule twenty-eight. No soil trap cesspool of any kind will be allowed in any building wi thoui; having a trap placed in W8,8tA ni nA ::1 R (>,1 ('II>,:> r.('I +1-10 ,,"0"""'- t-l ORDINANCE RECORD 235 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. r ¡ I I ordinance regulating traps and ventilations. Rule thirty. Water- closets must be glazed earthenware, iron enarniHled, all exposed, the woòdwor1c to cònsist of the seat and back only.. Rule thirty- one. Fan, long hopper, plunger or other closets having a direct supply, or closets not having their walls flushed with each dis- charge of the tank, will not be allowed in any building, and if taken out for repairs must be replaced with waterclosets as designated in rule thirty. Rule thirty-two. Long hopper closets will be allowed in out-houses if properly connected with traps belo frost line as per rule thirty-se'l1'en. Rule thirty-three. All closets inside of buildings must have brass floor flange soldered to the lead opening or cast iron pipe with cast iron flange in the waste piPé, and have rubber gasket or other approved compound between flange and closet; close't to be bolted to flange with brass bolts and flange securely fastened to floor. Rule thirty-four. All soldered joints between brass and lead, copper and lead, or two lead ends, must be regulation wiped joints, and the same must be done in a first-class and workmanlike manner. Rule thirty-five. All public urinals must have automatic flush tank to supp¡y same, a,nd also must, have some kind of non-absorbent safe placed under the floor under same, except in cases where the floor is non- absorbent material. Rule thirty'-six. All connections between lead and iron pipes must be made of either extra heavy brass or some other approved ferrules. Rule thirty-seven. All outside waterclosets, permitted or allowed where no sewer service is available on premises which are outside the limits of any sanitary sewer district, shall be constructed strictly in accordance with the provisions of Chapter 13 of this oode. No outside or frost- proof toilet or wateroloset shall hereafter be constructed or suffered to remain within the limits of any sanitary sewer distric . Rule thirty-eight. Drainage pipes constructed of tile or any othe material, allowing leakage when laid parallel with or in the same direction as the wall of any inhabited home, shall be situated from said wall at a distance of not less than three feet, if less, put in standard iron soil pipe. Rule thirty-nine. No gasoline, grease, sand or other viscou:s or quasi-viscous fluid shall be permitted to reach the sanitary sewer system of this city. Where such substances are present as waste material, it shall be the d ut of the Owner of occupant of such premises to install grease trap or sand trap or other device for removal of such objectionable substanqes, of such kind as the plans and specifications on file in the office of the sewer commissioner require. Rule forty; No building or premises shall be connected with any sewer and no extension or alteration of any existing sewer connections shall be made without a permit from sewer commissioner. Where applicantls property shall not have been charged by way of special assessment for lateral sewer service, he shall pay in addition to the con- struction or permit fee, such additional sum as'the mayor and council in each case shall determine and fix to preserve uniform- ity in the cost of sewer connection service in the block or area in which said premises are located; Provided, said additional sewer connection fees shall, when collected, be credited by the oi ty trea.surer to the sewer maintenance fund. Where applicant IS property is in a sewer district a charge by way of sewer connectio fee of ~~l.OO is hereby made and shall be collected before permit is issued. Rule forty-one. No drainage work shall be covered or concealed in any way until after it has been examined and approved by the sewer commissioner and the cer1:ificate issued by such sewer commissioner to that effect. Stub books containing dUDlicat 'J "' ~- .;..dO ORDINANCE R'ECORD Compiled by George R..Mann, Lawyer, Lincoln, Nebraska. I FO'M NO, 101 ow. F'TG. CO.. ORO. NEO . -, . - One end of a straight section shall be clearly visible at the other end of said section. The said commissioner shall in all cases make light tests of all portions of a drain before sueh portions are covered and the construction of no drain will be allowed unless all parts admit of and sa1;isfy the light test. Such test, if satisfactorily made, shall be certified by tl1e commissioner. Rule 'forty-four. Before being lowered into the trench all pipes shall be carefully inspected and sounded for cracks or other defects, and matched, 80 that when joined in the ditch they will form a smooth line of tubes. Cracked or other- wise defective pipes will be condemned and removed from the work. Rule forty-five. All excavation shall be done by open cut from the surface, if Possible. Red lights shall be kept around all unfinishéd work at night, and fences o:r other sui table and sufficient barricades against accident shall be placed around excavations at all times. Work on public streets must not be unnecessarily dela,yed and when directed by the sewer oommissioner the number of workmen shall be increascad to hasten the work as shall be deemed necessary for the public interest. Rule forty- six. Trenches in public streets or alleys shall be excavated so as to impede the public travel as little as possible. The crossings of gutters éllld all waterways shall be left in such shape as to admit of the ready escape of water during storms. Rule forty-seven. The refilling of all trenches, if in unpaved streets or alleys, shall be well and thoroughly done in uniform layers of not exceeding nine inches and tamped with a tamper weighing not less than twenty pounds and having a surface of not over six inches in diameter, or with puddled earth, as may be directed by the sewer commissioner, 80 as to replace all excavate mat erial and leave the surface in as good cond ition as found before the commencement of the work. Hule forty-eight. Except as provided in Chapter 25 of this code, the refilling of all trenches, if in paved streets or all eYE!, shall be carefully and thoroughly done in unifOrin layers of not exceeding nine inches and tamped with a tamper weighing not less than twenty pounds, an having a surface of not over six inches in diameter. All paving material shall be renewed or replaced in as perfect condition and as substantial condition as before excavation, under the supervision of the sewer commissioner, and in the event of Bettli g within six months after being refilled and repaired, the said commissioner, shall have the right and it shall be his duty to demand and require its restorati on by the party that nu. de the excavation, and it shall be the duty of the party who made such excavation to proceed to make good such work within twenty-four hours after such demand, and to complete the same in a reasonable. time thereafter. All surplus material in cases Of excavations shall be taken off the street at once and delivered at such point as such commissioner shall direct. It shall be the duty Of any party making any excavati ons, in any paved street or alley under guarantee contract, to immediately upon completion of the work upon said excavation to cause the same to be repaved by the Party having the contract for such repairs or maintenance. A thorough inspection of all excavations in streets, alleys or public grounds must be made by the sewer commissioner before the expir~tion of the time of the liability of the party making such excavations. Rule forty-nfune. Steam from boilers and waste from elevators must be dischs,rged. into catch basins and not directly into sewers. RulA ¥i~+v- Un ~"n~+4~~ ~._- -~ ~~ --J ] ORDINAN(:;E RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. 237 longer than three days. Rule fifty-four. The provisions and regulations contained. in the foregoing rules, together with such instructions from'thesewer commissio:qer as he may deem proper, sh~ll extend over and govern the constructions, reconstructions, alterations and repe.irs of that portion of the drainage or sewer- age system of all buildings extending from the end of the soil pipe (iron) outside of the building to the Y slant in the sewer. Rule fifty-five. All joints in clay pipe shall be made tight with mortar consisting of one part portland cement, and tW() parts fine sand, to be carefully worked into the hub to insure all joints are smooth on the inside and close fitting. Swab must be drawn through pipe to remove any mortar which protrudes through joints. Rule fifty-six. Size of sewer pipe. Nothing smaller than a six inch sewer pipe will be permitted to be laid in streets and alleys for a main or from cesspool from j'Qint owners for connections from main to buildings, not less than four inches. Where two or more buildings are connected on one IHJWer tap, the line from each building must terminate in a manhole common to such individual lines and the manhole must be connected with not less than six inch pipe to main sewer. Manhoh~s must hot be placed in streets or alleys and shall be constructed on plans approved by the sewer commissioner. Rule fifty-seven. The provisions of Hoover IS Code, three copies of which are in the hands of the city clerk, or sub7 sequent amendments thereto, except provisions therein contrary to the rules set forth herein, are :incorporated by reference and made a part of this section, the Same as though sprer:td at large herein, and constitut e the standard of efficiency for plumbing and drain- laying as to rules and regulations set forth herein. Rule fifty- eight. Drains from hydrants should not be connected to storm or sanitary sewers. They may be connected to gravel pockets or drained to the surface of the gr()und. Rule f1 fty-nine. All jute or similar material to be used in jointing should first be steril- ized according to the following I:>paoifications: (a) Sterilizàtion by live steam. Subject the jute to the action of live steam in a pressure vessel. Sterilize in batches, leaving each batch in the vessel long enough to permit penlSJtration to center of rope of steam at temperature of at least 212 degrees Fahrenheit and .con- tinue thereafter for at least fifteen minutes. (b) Chemical sterilization. Put jute in an. oJpen container and cover with treated water containing 400 to 500 p.p.rn. of chlorine. Leave jute in this solution for a period of at least 24 hours. Test solution occasionally and add more chlorine if solution drops below 400 p. p.m. (c) After jute ls sterilized, put it in a tight container and keep there until ul3ed. Transport jute to job in containers and remove only as needed to go into joints. Educate workmen on need for care in handling. Rule sixty. Upon cornpletio of installation of new pipes or 'bhe repair of existing ones, the specific section should be disinfected by the introduction of chlorine, chlorine oompound.8, or heavily chlorinated water. Suf- ficientchlorine should be introduced to give a uniform solution of 50 p. p.m. in free chlorine. 'rhe we,ter-chlorine mh;ture should be made to reach all sections of the pipe; allowed to stand in th mains in contact with the pipe surfaces at least three hours a,nd then should be :flushed out 80 as to remove all chlorinous tastes. Artiole II. PLUMBING REGULATIONS 17-528, 17-441, 17-123, C. S. N., 1929. 238 ORDINANCE R:ECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. -.. -- - -- --------- - ._-- ':.O_~M NO.'O' ~~I> P"TG._~O_. °"0, NEO. Sec. 6. SAwŒ) SCHEDULE OF FEES.- The plumbing inspector shall receive for the services and duties incident to inspection of water and sewer services the sum of One Doll~J.r ($1.00) as fixed elsewhere in this code. Sewer inspection fees shall inure to the sewer maintenance fund. Water inspection fees shall inure to the water fund. Sec. 7. PLUMBERS AND DRAINLAYER~_3)LIOENSED, ,MUST BE.- It shal be unlawful for any person) firm or corporation to engage in the plumbing business and drainlayj,ng business, a.s a master or con- txactlng plumber or drainlayeI"; in the Oi ty of Blair, Nebraska, . without having first procured from the plumbing inspector a licens'e to do so. At least one member of a firm or corporation wishing to do plumbing must be a licen:sed plumber. Sec. 8. SAME, LICENS~) APPLICATION FOR, CONTENTS OF, NO LIOENSE FEE; OCCUPATION TAX; ENDORSEMENT, PLUMBING INSPECTOR BY. Application for said license shall be made in writing, upon blanks furnished by the plumbing inspel::tor, and shall show the name of the applicant tLnd such other information as maybe required. No license fee shall accompany the application but the applicant therefor shall promptly pay 'the occupation tax provided in Chapter 19, Ordinance No. 551 of this code. Before suCh license shall be issued the application shall be referred to the water co mmissioner and water committee and- the applicant shall bèrequi!'e¡d':to submit to an examination B,S to his qualifications and fitness. If the water rommissioner, as ex officio plumbing inspector and water committee find that applicant is possessed of qualifications and fitness, praôtical and elementary in character, to install plumbing and dra.:inlaying work) they shall endorse the application to that effect, whereupon the mayor and council shall issue said applicant a plumber's license. Sec. 9. SAME, LICENSE, EXPIRATION, REVOCATION, RENEWAL; PLUMBERS NOW EIWAGED IN BUSINESS, REGIGTER) HOW.- Such license shall expire on Aprilthirti eth follow:lng the date thereof and shall not be assignable. The council by majority vote shall have power to revoke the license of an:~ plumber for 'os,use upon satisfactory evidence therefor. Licenses, at the time of their expiration, may be renewed upon recomml?ndation of the plumbing inspector. Sec. 10. BAJa) BŒW, PUBLIC LIABILITY ÍNSURANOE.- Before issuing such license the applicant shall file with the city clerk abond in the sum of Two Thousand Dollars ($2,000.00) signed by at least one corporate surety, to be approved by the council, issued by an approved corporate surety company. Said bond shall contain the condition that åpplicant shall defend, save, keep harmless and indemnify the City of Bla:lr) Nebraska,from all liability) claims, damages, judgments, costs and expenses 6f every nature and description caused by or growing out of the making of any excavation) hole or trench in any street, highway, alley or thoroughfare) including the pavement, sidewaìk and , sidewalk space in the Oi ty of Blair; the opening or removal of any pavement or of any sidmvalk surfacIß; the placing of any obstruction, barricade, material, equipment or apparatus in the street) highway, alley or thoroughfare~ including the sidewalk or sidewalk Space; the failure properly to protect any excavation hole or trench in any street. a.l1f>.v. ñ1p'nWA'IT l"IT' tnl"lT"""1'nf'"","." --l ORDINANCE RECORD 239 Compiled by.George,R. Mann, Lawyer, Lincoln, Nebraska. own expense, bring all or any part of his said work up to standard set by this article and to repair SaU1E! for a period of six months after its completion. The provisions of this section may be satis fled by the applicant depositing with the ci tyclerk for city, an insurance policy providing public liability and property damage insurance to the City of Blair, Nebraska, and the general public in the amount of Two Thousand Dollars ($2,000.00), executed by an insurance company author ized by the D trector of Insurance for the Department of Insurance of the State of Nebraska, to do business in the State of Nebraska: Provided, an endorsement, approved as to fom) by the city attorney, shall be attached to and become a part of each and every such liability insurance policy deposited with city, and said endorsement shall contain each and every condition of said bond required as above set forth. The obligee of said bond or the beneficiary of said insurance policy shall be the City of Blair, Nebraska, and action may be maintained thereon by anyone injured by a breach of the conditions of said bond or of the convenants contained in the required endorsement on said policy of insurance. Sec. 11. SAME, SPECIAL PEIDÆIT FOR EAOH JOB, RE~UIRED; MINOR REPAIRS, NO PERMIT REQUIRED; PERMIT ON JO13.- It shall be unlawful for any person, firm or corporation, master plumber or journeyman plumber, to begin any job of plumbing or drainlaying work until the owner, agent or occupant of the premises has secured from the plumbing inspector if a. water job, or from the sewer inspector if a drainlaying job, as the case may be, a special' permit to do said work, except as herein provided: Provided, no permit shall be required for minor repairs as defined by the pi!.l1mbing inspector. Said permits shall be on the job at all times when work is in progress. Seo. 12. SAME, TEST, FOR; INSPECTOR NOTIFIED.- It shall be the duty ,of any plumber or drainlayer doing any water or sewer job to notify the plumbing inspector when the work is ready to be tested or inspected. Sec. 13.. SAME; CERTIFICATE:3 OF SATISFACTORY INSPECTION.- It shall be the duty of the plumbing inspector to supervise all plumbing and drainlaying work done in the City of Blair, and if, after having made the proper final ;i;nspectlon on any job of plumbing or drainlaying work, the same is found to be properly ,done and to be perfectly tight as required by this'chapter, it, shall be the duty of th~iñspë6tor to iSSÛè,. to the pil:wnber or drainlayer in charge of the work done, a Certificate of Satis- factory Inspection, setting forth that the work has been tested and inspected and the same found to have been done according to the requirements of this chapter. 8ec.14. OLD PLtDlBING, INSPECTION.- It shall be the duty of the plumbing inspector to make inspection of old plumbing or , drainl~¥lng work at the request of the agent, owner or occupant of any building or premises where said plumbing or drainlaying work is located, in order to ascertain whether or not the plumbing ordrainlaying in said building or premises is in a sani tary conca tion. The said inspector shall have the right and authority to en'~er any building or upon the ~remises a:t all reasonable hours to ascertain if the provieiQns of this chapter or any other ordinance of this city, relating to plumbing or ,.;~~4'~'_,,'-- '--.,-- ,.- . . -. 240 ORDINANCE R"ECORD Compiled by George R. Mann, Lawyer, lincoln, Nebraska. ------- ----..-.. ~_.._----_.._---_... ._-. ... FO". NO. 10' DO" '"TG. CO.. ORo. NEB on all taxable property Subject to taxation in said city for the exclusive purpose of or eating a fund fox the maintenance and repair of any sewers in the City of Blair,Nebraska, in the annual estimate and in the annual appropriation bill for any fiscal year. Artiole IV. VIOLATION, PENALTY Sec. 16. VIOLATION, PEIULTY.- Any owner, agent, architect, plumber, drainlayer, contraotor., superintendent, corporation or other person failing, neglecting, omitting, resisting or refusing to comply with any of the provisions, conditions, terms, rules, regulations or requirements of this chapter, shall be deemed guilty of a misdemeanor, and, upon comrictlon thereof,- where penalty is not elsewhere provided herein,- shall be fined in any sum not exceeding One Hlmdred Dollars ($100.00) for each offense, and, in default of payment thereof, shall be adjudged to stand committed to the city jail until such fine and costs of prosecu- tion be paid, secured or otherwise discharged according to law; and each day I s failure, neglect or refusal to comply with said provisions shall be deemed a separate and distinct offense; and if the judgment of conviction be against a licensed plumber or drainlayer his license or certificate may be revoked by the mayor and council who may direct the c:ity clerk to refuse to issue said convicted person a license or certificate at any future date. Artiole V. REPEAL AND OPERATIVE CLAUSES Sec. 17. REPEAL OJ:!"' PRIOR ORDINANCES IN CONFLICT.- All ordi- nances and parts of ordinances passed and approved priòr to the passage and approval of this ordinance and in conflict therewith are hereby repealed. . Sec. 18. WHEN OPERATlVE.- This ordinance shall be in full force and take effect from and after Hs passage, approval and publication according to law. Passed and approved August 24, 1939.. -1 i! v¿ ,- A"" ,- /1./ L/ :..¡; C:/C/L4/ Yl/L..-7/""V" - P. C. SORENSEN, Mayor ATTEST: .~ ( SEAT" ) -l ORDINANC'E RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. 241 FOF" NO. 134-" OU13 FTG- CO.. OftO, N'., FIRST R]~ADING The Mayor then instructed the Clerk to read by title Ordinance No. 551 ,Chapter 2:~ ,of the Municipal Code of the 01 ty of Blair ,Nebraska. The Clerk thereupon read the aforesaid Ordinance No. !>5l ,Chapter 23 , by title upon its first reading. Whereup~n Oounoilman C. M. Christensen moved that said Ordinance No. 551, Chapter 23 ' be approved on its first reading and its title agreed to. Councilman K. P. Hll11dahl seconded this motion. Whereupon Councilman Dewey Holstein called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: CRRI STEN SEN, HUNDAHL, ROL:3TEIN, ROUNDS, PAULSEN, RAN BEN, MoCOMB, KUHR. ' Nays: None. Motion: Carried. Whereupon the Ordinance No. 551 , Chapter 23 and its title agreed to. Mayor declared said , approved on its first reading SUSPENSION OF RULES Whereupon it was moved by Councilman Martin Kuhr and seconded by CounCilman Emmett Rounds that the statutory rules in, regard to the passage and adoption of ordina,nces be suspended so that said ordinance ~ight be introduced, read, approved and passed at the same meeting. Councilman O. E. MoOomb called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: KUHR, ROUNDS, MoCOMB, H.AN:3EN, PAULSEN, HOLSTEIN, HUNDAHL" CHRISTENSEN. Nays: None. Motion: Carried. Whereupon the Mayor declared the statutory rules in regard to the passage and approval of ordi- nances suspended so that Ordinance No. 551 , Chapter 23, might be read by title the first and second times, and at large the third time with the "Yeas" ani "Nays" each time called and recorded, approved and passed at the same meeting. SECOND READING Ordinance No. 551 , Chapter 23 , now comes on for second reading. The Mayor instructed the Clerk to read said Ordinance No. 551 , Chapter 23 , by title upon its second reading. The Clerk then read said Ordinance No. 551 , Chapter 23 , by title upon its second reading. Whereupon Councilman Alfred Paulsen moved that said Ordinance No. 551 , Chapter 23 , be approved upon its second reading and its title agreed to. Councilman Dewey Holstein seconded this motion. Whereupon Couno11man K. P. Hund:ahl called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the .p^"n,n4_- ..,^- ,,1.-.- ---..- --- ~'-' 242 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. 'aRM NO. "HA ourz PTG. co, ORD. NEB THIRD READING Said Ordinance No. 551 , Chapter 2:5 , now comes on for third reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter 23 , at large upon ìts third reading. The Clerk read said Ordinance No. 551 .., Chapter 23-, at large upon its third reading. Whereupon Counoi1man Emmett Rounds moved that said Ordinance No. 551 , Chapter 23 ,be approved on ìts third reading and ìts tìtle agreed to. Councilman John E. Hansen seconded this motion. Whereupon Councilman Alfred Pau1sencalled for the question. The. Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote en this motion: Yeas: ROUNDS, HANSEN, PAULSEN, CHRISTENSEN, HOLSTEIN, MoCOMB, HUNPAHL, KUHR. Nays: None. Motion: Carried. Ordinance No. 551 reading and its title Whereupon the , Chapter 23 agreed to. Mayor declared said , approved on its third FINAL PASSAGE '^', The Mayor declared said Ordinance No. 551 , Chapter 23 of the Municipal Code of the 01 ty of B1a1r Nebraska, having been read by title the first and second times and at large the third time, the rules having bee'n suspended and the "Yeas" and "Nays" having been called and recorded four times, and each time duly approved and its title agreed to, the question. is "Shall said Ordinance No. 551 , Chapter 23 , of the Municipal Code of the C1 ty of Blair , Nebraska, finally pass?" Councilman O. E. MoComb called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: McCOMB, HuNDAHL, KUHR, PAULSEN, HOUNDS, HANSEN, HOLSTEIN, CHRI STENSEN'. Nays: None. Motion: Carried. All members having voted on the affirmative for the final passage of said Ordinance No. 551 , Chapter 23 the Mayor declared said Ordinance No. 551 , Chapter 23 duJ.ypassed and adopted as an ordinance 0:[' the C1 ty Bla1r , Nebraska. '-1 " , of APPROVAL Whereupon the Mayor approved said Ordinance,No. 551 Chapter 23, of the Municipal Code of the 01 ty of Blair Nebraska, by subscribing his name thereto, and the Clerk attested said signature of the Mayor by subscribing his name thereto and affixing thereon the seal of the C1 ty of Blair Nebraska. The above proceedings of the Mayor of this 01 ty with reference to the had on the' 24th day of August and Council ordinance aforesaid, were , 19 39. PU:aLICATION ~-'-I ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. 243 FORM NO. 12H. Dmz nG. CO.. ORD. Nn. AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA 1 (SS. WASHINGTON COUNTY. J I, JOHN A. RHOADES " of lawful age, be ing first duly sworn on oath, say that I am t~~é:'()wner and publisher of The Enterprise " a printing and publishing com- pany in the C1 ty of Blair , in said county and state; that the foregoing Chapter 23 , included in Ordinance No. 551, of the City of . Blair Washington County, Nebraska, was by ~ The Enterprise, printed and published in pamphlet form in said City of Blair, in pursuance of the statutes of the State of Nebraska and the ordi- nances of said. City of Blair , Nebraska, in such cases made and provided, and by order and under authority of the Mayor and Counoil of :Blair Washington County, Nebraska" as shown by the following reso- lution passed by its said Mayor and Council August 24 , 1939 : nBE IT RESOLVED BY THE MAYOR OF THE or TY OF BLAIR AND COUNCIL , NEBRASKA: 1~ .That the City Clerk be and he is hereby instructed to cause Ordinance No. 551 , a General Revision Ordinance which em- braces all ordinances of said oitJ' of a general and permanent nature divided into 2g Chapters with the several sections there- under, to be published in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Federal Securities Building, Lincoln, Nebraska. ---------------------------------_._---_Ii!~¿~_.._._--- -. ~XjBJluaxd:X~ P. C. SORENSEN, Mayor. Attest: H~~Æ~~(èltY)-Cï';;k . (SEAL) Introduced by Councilman John E. Hansen; Adopted August 24 , 1939. ^~~~~..~.., AW7\1 Cit: ~lL ~ ~ '10.. ORDINANCE RJECORD 244 Compiled by George R. Mann, Lawver, Lincoln, Nebraska. FORM NO. >24-0. DU", PTO. CO.. ORD. H£S. CERTIFICATE OF PASSAGE OITY OF BLAIR 1 I SSe I l STATE OF NEBRASKA COUNTY OF WASHINGTON I, HENRY CHRISTENSEN City Clerk of the Oity of Blair Washington County, Nebraska, hereby certify that the annexed ordinance, purporting to be Chapter 23 of the Municipal Code of this city and embraced in Ordinance No. 551 of said oity , a General Revision Ordinance which includes all the ordinances of this city , of a general and permanent nature arranged in Chapters and Sections, was passed as such by the Mayor and Council , of the City of Blair Washington County, Nebraska, pursuant -I to the rules and regulations prescribed by general law and by said Mayor and Council for the passage of ordinances, and was duly approved by the Mayor of said city said passage and approval having been made on the 24-th day of August , 1939, with respect to said Chapter aforesaid which as a part of Ordinance No. 551 has been published in pamphlet form by authority of the Mayor and Council of said city and has been distributed by said c;ity under direction of its duly constituted authorities pursuant to resolution of the Mayor and Council thereof. IN WITNESS WHEREOF, I have hereunto affixed my hand and seal this lSth day of September , A. D., 19)9 . " ORDINANCE RECORD Compiled by George R, Mann, Lawyer, Lincoln, Nebraska, 245 FORM NO. "HA 0"1> FTO. CO., ORD. ",B. , ORDINANCE No. 551 Introduction of Ordinance No. 551 Munic ipal Code of the Oi ty of' , CHAPTER 24 , Chapter 24 Blair , of the Nebraska. Chapter Blair Councilman C. E. follows, to-wit: And the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 551 . 24 . of the Municipal Code of the C1 ty of' , Nebraska. :Chis ordinance was introduced by MoOomb . and is in words and figures as CHAPTER 2l¡. SIDEWALKS An ordinance providing for the construction, reconstruction and repair of public sidewalks within the corporate limits of the Oi ty of Blair, Washington County, Nebraska; to provide that no such construction shall be commenced unless the abutting owner or his agent shall have received a pennit in writing from the oi ty clerk to do so; to provide the duties and 1113.- bili ties of said owners with respect to said sidewalks; to prescribe construction materials and specifications; to pro- vide procedure to be followed when said sidewalk improvements are made by the city upon refusal of the owner or his agent to make the same after notice; to provide for the levy of special assessments u pan owners premises to reimburse said city for the cost of said improvements; to require owners or occu- pants to remove snow, ice, mud or other substances from con- tiguous sidewalks; to regulate the construction and main- tenance of awnings extending o'ver the sidewalk space; to re- quire the trimming of overhanglng branches to a height of seven feet above the surface of sidewalks; to provide penalties: for the viølation thereof; to pro'lTide for the repeal of prior ordinances in conflict; and to prescribe the time when this ordinance shall be in full forlJe and take effect. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: 17-432, C. S; SupP., 1937; 17-435, G. s. N., 1929. Section 1. DUTY OF PROPERTY OWNERS, LIABILITY; MATERIALS,' SPECIFICATIONS: PERMITS TO CONSTHUCT, RECONSTRUOT OR REPAIR RE- Q.UIRED.- The owner of any lot, 10'l;s or pieces of land within the corporate limits of this oi ty shall at all times keep and maintain the sidewalks along and contlguouis to said lot, lots or pieces of land, as the Case may be, in good and proper repair, and in con- dition reasonably safe for all travelers thereon, and in case the owner or owners of any lot, lots Or land abutting any street 'or avenue or part thereof shall fail to cons truct or repair any side- walk in front of his, her or their lot, lots or land wi thin the time and in the manner as directed and required by this chapter, after having received due notice to do so, they shall be liable for all damages or inju~ occasioned by reason of the defeotive or dangerous condition of any sidewalk; and the mayor and council -'---" ,- h~ LL .. - . ~ - 246 ORDINANCE RECORD éompiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO, "',OA CO" FTG, CO.. ORO, "G, under the supervision of the street commissioner. In the event any person constructs or attempts to construct sidewalks not in accordance with this ordinance or with 1;he specifications, the street commissioner shall have the au tho rl ty to order such work stopped and to order that the work already done shall be changed to conform to legal requirements. No pEIrSOnJ either as ownerJ contractor or agent shall construct, reclonstruct or repair any public sidewalk in said oi ty without having made application to and received from the city clerk a permlt in writing to do so. Sec. 2. NEW SIDEWALKSJ NOTICE.- Whenever three-fourths of the council shall deem it necessary that; a sidewalk should be constructed in front of any lot or pieCE! of ground in the Oi ty of Blair, Nebraska, in a place where thEirS is no sidewaU:J they shall so order by resolution and the street commissioner or other agent of the council shall thereupon serve 0 n the owner of such lot or piece of ground or his agent a copy of said resolution, which shall be substantially in form, as follows: --l ~ 1 "RESOLUTIŒ Blair, Nebraska, , 19- BE IT RESOLVED BY THE MAYOR AND C OUNOI L OF THE 01 TY OF BLAIR, NEBRASKA: 1. That a sidewalk be, wi thin thirt;y' days from and after the service or publication of the wi thin resolution, constructed (reconstructed, repairedJ widened) and laid to the established grade on the side of street in )jhe City of BTair, Washington-County, Nepraska, adjoin- ing the following described premises, to-wit:. in accordance with the following specifi.oationsJ to-wit: under the supervl sion of the mayo:t and clounoil of the City of Blair, Washington County, Nebraska, its street commissioner or other agent, and in accordance with the provisions of Chapter 24, Ordinance No. 5~1 of the municipal code of said city~ 2. That in the event of the failure of the owner or his agent to have such walk constructed (reclonstruotedJ repaired, w1d- ened) the mayor. and council of said c1 t:y will cause the same, to be constructed (reconstructed, repairedJ w1.dened) and the enUre 00 at of construction thereof will be taJl:ed aa a special assessment against the wi thin described prem1ses aEI provided by law. 3. The 01ty engineer's estimate for the construction of said work of improvement is Dollars~ ATTEST: ;íLÆ~~J /JILIt¿ /_AA/~4/ -1 ORDINANC~E RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ?A7 ... '1: Dated at ,this day of ,19- II or II II STATE OF NEBRASKA COUNTY OF WASHINGTON, CITY OF BLAIR. SS. I, Street Commissioner, or Clf the C1 ty of Blair, Washington (jaunty, Nebraska, hereby certify t¡hat I served a copy of the wi thin resolution on by delivering to. personally, a truiëïiñèr correct copy of the within resolution with all the endorsements thereon on the day of 19-----. II If the owner of such lot Or piMa of ' ground or his agent be a l'esldent of said 01 ty, personal seœ,vioe of said resolution on said owner Or his agent shall be deemeal sufficient notice. If the owner or hi s agent be a non-resident ofsald 01 ty, or if a resident there- of and cannot. be found, or if the council shall elect to servè " notice on said owner Or his agent by publication, the city clerk shall CaUse a copy of said resoluUon to be addressed to II -- , II legal owners of thf¡';l following described property, to-wi t: II , II to be publi shed 1n a legal newspaper, designated by the mayor and oouncil, publish- ed in Or of general circulation in said city, one publication. The publisher of such legal newspaper Or his agent shall flle with said oi ty clerk an affldavi t of the publication of said resolution as soon as the publication herein required is completed. Such publication shall be deemed good and sufficient notice to the owners of property, resident or non-resident, in front of, abutting, or adjacent to ,which the sidewalk is to be constructed (reoon- structed, repaired, widened). The affidavit of the printer or hie agent shall be prima facie evidence of the publication herein re- quired and shall be preserved and made a part of the records of said oi ty. Sac. 3. RECONSTRUCTING SIDEWALK; NOTICE; PETI TION FOR SIDEWALK IMPRO.VEMENTS.- When three-fourths of the oounoil shall deem 1 t necessary that an old sidewalk be replaced or reconstructed it shall order the same to be done and the street commissioner Or other agent of the city shall give notice, in the manner provided in Section 2 of thiA Ch~nt;A'Y' 1-.n T>o,..,l~.."" ^- -~~~~_..._._... ,,1..- --..... --, ~'-. ... . 248 Compiled by George R. Mann, Lawyer, LIncoln, Nebraska. ORDINANCE RECORD FORM NO. 101 OUIZ PRTG. CO" ORD. Nn. 17-432, c. s. SUpP., 1937. Sec. 4. REPAIRING SIDEW~LK, NOTIOE.- Whenever the street com- mi ssioner shall deem it necessary that any sidewalk be repaired or if it shall be required by the council, then the street com- missioner or other agent of the council shall notify the owner of the lot orpieoe of land along and contiguous to which such sidewalk is 81 tua ted to repair the sarne wi thin twenty-four hours from and after the giving of such notice: Provided, that oral notice to the owner shall be deemed sufficient. If the owner Oan- not be found by the street commissioner, then I~ written notice left in the house situated on such lot or piece of ground or posted upon said premises shall be sufficient; and the twenty-four hours shall begin to run from the leaving or posting up of such notice as the Case may be. --1 I Sec. 5. FAILURE TO CONSTRUCT, RECONSTRUCT OR REPAIR.- If any such owner, whose duty it is to construct, rebuilt or repair such walk, shall neglect or refuse, or shall have failed after notice shall have been given as provided in this chapter, to construct, replace, reconstruct or repair any sidewalk within the time limited in the notice given in such oases, then the street com- missioner or other officer empowered herein to act shall proceed at once without further notioe against such owner or person tø have such sidewalk constructed, repaired, reconstructed or rebuilt, as the case may be, and the expense of such work shall be assessed to such lot or parcel of land, and collected as provided by law. 17-435, C. S. N., 1929. Sec. 6. SPECIAL ASSESSMENT; CORNER LOTS; TAX NOTICE FOR IM- PROVEMENTS; PROCEDURE INCIDENT To LEVY. - Corner lot s shall not be charged with the cost of the additional walk which is neeessarily laid for the intersection of walks abutting the frontage of said lots, but all walks beyond the outer edge of the sidewalk line shal be laid at the cost of city. The cost of constructing, widening, repairing or rebuilding any sidewalk shall be levied by resolution upon the lot or lots or parcel of ground fronting and adjoining which such sidewalks àre laid, widened, repaired or rebuilt; and said resolution shall specify the street upon which such walk has been so constructed, widened, repaired or rebuilt and the length and width of each walk constructed, widened, repaired or rebuilt front- ing on said lot or piece of ground. Such assessment shall be made by the council, sitting as a board of equàlization, at a special meeting by resolution, fixing the valuation of the lots assessed, taking into acéount the benef! ts derived or in,juries sustained in consequence of such imp~ovement and the amount charged against the same, whioh, with the vote thereon, by yeas and nays, shall be spread upon the minutes. Notioe of the time and place of hold- ing such meeting and the purpose for which it 1s to be held shall be published in a legal newspaper, published in or of general' circulation in said city, at least four weeks before the same shall be held or in lieu thereof personal service of said notice may be had upon the person owning the property to be aseessed. All such assessments shall be known as Special Assessments for Improvement and shall be levied and collected as a separate tax in addition to the tax for general purposes; and said assessment shA.1I bl'! nl.<H'.Ari 1H'Il'In 1:11... 't.c'lt ..v,11 .¡:on"" ,,";11 ""'+~ "T'\ ...,,'h 1",,+ +" +1->" ~1 I ORDINANCE RECORD 249 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. .. ... ..."'- --~-- --- Sec. 7. ASSESSMENT SHEETS, CI'I'Y ENGINEER OR STREET COMMISSIONER PREPARES; STREET COMMISSIONER AS CITY ENGINEER.-'The' city engineer shall certify to the council a de'tailed schedule of all walks laid, widened or rebuilt and the cost o:c same against each lot or piece of ground, and such other facts as may be necessary to enable it to make the proper levy ¡ and he shall also certify to the council the acceptance of any walk so imp:ro,ved or what othe r act.ion he has taken with reference to said walk. The.oity engineer shall allocate the cost of sidewalk improvement to the 'adjoining lots or parcels of land and prepare all necessary data for assessment sheets: Pro- vided, if there be no duly qualified and acting city engineer in said city the street commissioner shall perform all the duties re- quired of the city engineer in thE~ premises and with relation to any sidewalk improvements contemplated by this chapter. 17-453, C. S. N., 1929. Sec. ß. SNOW, ICE AND MUD, REMOVAL, OWNER OR OCCUPANT, BY.- It shall be unlawful for the oocupan1j of any lot or lots or, the owner of any vacant lot or lots wi thin 1jhe corporate 11mi ts of the Oi ty of Blair, Nebraska, to suffer sno,;, sleet, mud, ice or o,ther, sub- stance to accumulate on the sidewalk contiguous thereto, or to permi t any hard trodden snow, sle€~t, ice, mud or other substance to remain upon s~t1d sidewalk; bu1; such sidewalk shall þe cleaned within five hours after the cesea1;1on of the storm: Provided, if the storm or fall of snow shall he~ve taken place in the night time, the sidewalk shall be cleaned before eight-thirty 0 'clock A. M. t,he following day. Notice to remove Eluch substance shall be made upon the owner or occupant of the premlses or his or their agent and shall demand the removal of said substance forthwith. If the person owning or occupying such premises be unJmown or cannot be found or if any reasonable service cannot be had upon any such owner, agent or occupant within this oity, then and in that case such service of said notice shall be made by posting a typewritten copy thereof in some conspicuous place on the premises; and in case the owner, agent or occupant shall fail to remove the ice, snow, mud or other substance forthwith, it shall be the duty of the street commissioner overseer of streets, or other agent of the city to remove such sub- stance, and the expense thereof shall be charged against the proper- ty and the owner thereof and may be recovered by proper action in the name of the city or shall be chargeable against the property as a special assessment for improvement. Sec. 9. AWNINGS IN SIDEWALK SPACE.- All awnings hereafter erect- ed or suffered to remain in the sidewalk space shall be of canvas on iron frames. All awnings shall be elevated at least six and one- half feet at their lowest part from the top of the public sidewalk and shall not project Over said sid.ewalk to exceed three-fourths of the width thereof. They shall be supported without posts by iron brackets or by an iron framework attached firmly to the building so as to leave the sidewalk wholly unobstructed thereby': Provided, nothinghereln shall be construed to prevent the owner of any build:- ing from constructing a substantial awning or marquee of non-com- bustible material supported wi thou"t; posts over the sidewalk space if located flush or less than flu~1 with the outer edge thereOf and if permission in writing shall have first been secured from the mayor and council. 250 ORDINANCE RECORD Compiled by GeorgeR. Mann, Lawyer, Lincoln, Nebraska. --, FORM NO. 101 QUIZ PRTO. CQ.. 000. NE.. occupant to cut or remove said obstruction wi thin three days after having received a copy thereof from the street commissioner stating that the oi ty will do so and charge the Olasts thereof to the owner or occupant as a special assessment for improvements as herein pro- vided, if said resolution is not complieã.with. Sec. 11. VIOLATION, PENALTY..., Anype:t'son who she.ll violate any of the provisions of this ordinance or who shall build, oon- struct, reconstruct, rebuild, repair or widen any public sidewalk without a permit in writing so to do, or who shall procure or cause the same to be done without said permit or contrary to the provisions of this chapter, or who shall tear up, break, remove or destroy or in any manner injure any such sidewalk, shall be deemed guilty- of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not exceeding One Hundred Dollars ($100.00), and in default of payment there,of,' shall be adjudged to stand committed to the city jail until said fine and the costs of prosecution are paid, secured or otheI~i8e discharged aooord- ing to law. '--1 ! Sec. 12. REPEAL OF PRIOR ORDINANCES IN CONFLICT.- All ordinance and parts of ordinances passed and approved prior to the passage e;nd approval of this ordinance and in conflict therewith are here- by repealed. Sec. 13. WHEN OPERATIVE.- This ordins,nee shall be in full force and take effect from and, after its passage, approval and publioa- tion according to law. Passed and approved August 24.1939. '1" ~{'~ ~v P. C. SORENSEN, Mayor. ATTEST: r?!iw ~ RI STENSEN, Oi ty Ole rk. ( SEAL) --ì ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. 251 FORM NO "',SA QUIZ PATG, CO.. ORO NEB, FIRST HEADING r~i i I The Mayor then instructed the Clerk to read by title Ordinance No. 551 ,Chapter 21+ ,of the Municipal Code of the Oi ty of Blair , Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 551 ,Chapter 24 ,by title upon its first reading. Whereupon Councilman John ¡E. Hansen moved that said Ordinance No. 551 , Chapter24 . , be approved on its first reading and its title agreed to. Councilman Emmett Rounds seconded this motion. Whereupon a(~noilman Alfred Paulsen called for the question. The' Mayo:r put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vcte on this motion: Yeas: HANSEN J ROUNDS) PAULSEN J MoCOMB, KUHR) HUN DAHL, OHRI STENSEN , HOLSTEIN. Nays: Nope. Motion: Carried. Whereupon the Ordinance No. 551 ,Chapter 24 and its title agreed to. Mayor declared said , approved on its first reading SUSPENSION OF RULES Whereupon it was moved by Oouncllman C. E. McOomb and seconded by Counoilman Martin Kuhr that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said ordinance might be introduced, read, approved and passed at the same meeting. Councilman K. P. Hundahl called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: MoOOMB, KUHR, HUNDAHL, ORRISTENSEN, HOLSTEIN) ROUNDS) HANSEN, PAULSEN. . Nays: None. Motion: Carried. Whereupon the Mayo:r declared the statutory rules in regard to the passage and approval of ordi- nances suspended so that Ordinance No. 551' , Chapter 24 , might be read by title the first and second times, and at large the third time with the "Yeas" and "Nays" each time called and recorded, approved and passed at the same meeting. SECOND READING Or,d~nance No. 551. ,Chapter 24 , now comes on for second reading. l'he ¥a.yor ,', instructed the Clerk to read said Ordinance No. 551 ,. Chapter 24 ,by title upon its second reading. The Clerk then read said Ordinance No. 551, Chapter 24 , by title upon its second reading. Whereupon Councilman 0. M.Ohrlsltensen moved that said Ordinance No. 551 ,Chapter 24 ,be approV'ed upon its second reading and its title agreed to. Oounol1man Dewey Holstein seconded this motion. Whereupon Councilman Emmett Rounds called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the "'~"M"~_- m_- ~L- --.~'- 252 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. " FO'" NO ,,4-5, QU<z ",TO. CO.. 0"° NEB THIRD READING Said Ordinance No. 551 , Chapter ~?4 , now comes on for third reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ~ Chapter 24 , at large upon its third reading. The Clerk read said Órdinance No. 551 , Chapter 24 , at large upon its' third reading. Whereupon ()ouncl1man John E.Hansen moved that said Ordinance No. 551 , Chapter 24 , be approved on its third readipg and its title agreed to. Councilman Alfred Paulsen seconded this'motion. Whereupon Oounol1m~lJ1 C. E.MoOomb called for the question. The Mayor put the question and instructed the Clerk to 6al1 the roll for the vote thereon. The Clerk called the roll and the following was the vote en this motion: Yeas: HANSEN, PAULSEN, McOOMB, KUHR, HUNDAHL, OHRISTENSEN, HOLSTEIN, ROUNDS. ! . Nays: None. . Motion: Carried. Ordinance No. 551 reading and its title --1 Whereupon the Mayor declared said , Chapter 24 , approved on its third agreed to. FINAL PASSAGE The Mayor declared said Ordinance No. 551 , Chapter 24 of the Municipal Code of the Oi ty of Blair Nebraska, having been read by title the first and second times and at large the third time, the rules having been suspended and the "Yeas" and "Nays" having been called and recorded four times, and each time duly approved and its title' agreed to, the question is "Shall said Ordinance No. 551 , Chapter 24 , of the Municipal Code of the City of Blair , Nebraska, finally pass?" Councilman Martin Kuhr called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: 1tiT.IiR, HUNDAHL, OHRISTENSEN, HOL8TEIN, ROUNDS, HANSEN, PAULSEN, McOOMB. Nays: None. . Motion: Carried. All members having voted on the affirmative for the final passage of said Ordinance No. 551 , Chapter 24 the Mayor declared said Ordinance No. 551 , Chapter 24 duly passed and adopted as an ordinance of the 01 ty . Blair , Nebraska. -l I , of APPROVAL Whereupon the Mayor app. cved said Ordinance No. 551 Chapter 24 , of the Municipal Code of the Oi ty of Blair Nebraska, by subscribing his name thereto, and the Clerk attested said signature of the Mayor by subscribing his name thereto and affixing thereon the seal of the OH.y of Blair Nebraska. The above proceedings of the Mayor of this oi ty with referenc e t:J th.e had on the 2L1-th day of August and Oounoil ordinance aforesaid, were , 1939 . 't:>lTUT.Trn'T'TAT\T -~I ORDINAN(~E RECORD 2S3 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO ".... QUIZ PRTO. CO., ORO. NEO. AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA] rSS. WASHINGTON COUNTY. J I, JOHN A. RHOADES , of- lawful age, being first duly sworn on oath, say that I am the lowner and publi sher of The Enterprise , a printing and publishing com- pany in the Oi ty of Bla:1.r , in said county and state; that the foregoing Chapter 24 , included in Ordinance No. 551, of the Ci ty of Blair' Washington County, Nebraska, was by ~ The Enterprise, printed and published in pamphlet form in i3aid Oi ty of Bla.lr , in pursuance of the statutes of the State of Nebraska and the ordi- nances of said City of Bla1r , Nebraska, in such cases made and provided, and by order and under authority of the Mayor and CoUncil of Blair Washington County, Nebraska, as shown by the following reso- lution passed by its said Mayor and Council August 24 , 19 39 : "BE IT RESOLVED BY THE MAYOR OF THE CITY OF BLAIR AND COUNCIL , NEBRASKA: 1. That the C1 ty Clerk be and he is hereby instructed to cause Ordinance No. 551 , a General Revision Ordinance which em- braces all ordinances of said olty of a general and permanent nature divided into 2g Chapters with the several sections there- under, to be published in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Fedøral Securities Building, Lincoln, Nebraska. Attest: -ïi~~s~~ ¡ c.¡t.;iCl~k. (SEAL) . -------------------_._._--_.._--------------____¡f!Ld~_.- ~xßuaxUX1tM'~ P. o. SORENSEN, Mayor. Introduced by Councilman John E. Hansen; Approved August 24 August 24 , 19;9. Adopted - 1 q 39 - " . 254 ORDINANCE RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. ~. FORM NO. ,...., OUI. PRTG. CO.. ORO. NEB. CERTIFICATE OF PASSAGE STATE OF NEERASKA OITY OF BLAIR 1 [ SS. I COUNTY OF WASHINGTON I, HENRY CHR:ISTENSEN Cit:r Clerk of the City of Blair Washington County, Nebraska, hereby certify that the annexed ordinance, purporting to be Chapter 24 of the Municipal Code of this city and embraced in Ordinance No. 551 of said o1ty , a General Revision Ordinance which includes all the ordinances of this city , of a general and permanent nature arranged in Chapters and Sections, was passed as such by the Mayor and Council , of the City " I I of Blair Washington County, Nebraska, pursuant to the rules and regulations prescribed by general l,aw and by said Mayor and Council for the passage of ordinances, and was duly approved by the Mayor of said city said passage and approval having been made on the 2'J.th day of August , 1939, with respect to said Chapter aforesaid which as a part of Ordinance No. 551 has been published in pamphlet , -\ form by authority of the Mayor and Council of said city and has been ~istributed by said city , under direction 0.1: its duly constituted authorities pursuant to resolution of the Mayor and Council thereof. IN WITNESS WHEREOF, I have hereunto affixed my hand and seal 1 ORDINAN(~E RECORD 255 ('" Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. 'ORM NO 1>4,SA OU.. PRTG. CO.. ORO N'S ORDINANCE No. 551 Introduction of Ordinance No. 551 Munic ipal Code of the 01 ty of , CHAPTER 25 , Chapter 25 Blair , of the Nebra~ka. And the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 551,. , of the Municipal Code of the City of . , Nebraska. This ordinance was introduced by Hundshl:. ' and is in words and figures as Chapter 25 Blair Councilman K. P. fOllows, to-wit: Chapter 25 STREETS An ordinance relating to streets and alleys within the corporate limits of the City of Blair, Washington County, Nebraska; to provide for the grading, parking and ditching thereof; to authorize street and. alley repairs; to empower the mayor and oouncil to open, widen and vacate streets and alleys; to pro- vide for the construction of street crossings and for the payment of the cost thereof; to regulate street and building numbering; to permit excavation or openings in streets or alleys only after securing a permit and giving bond; to prohibit the cutting down or trimming of trees growing in any street except under supervision of city; to prescribe procedure to be followed when curb, pavement or sidewalk must be cut or removed; to regulate building and house moving; to control the traffic of steam engines, gas tractors, kerosene tractors or heavy machines upon streets or alleys; to provide penalties for the violation thereof; to regulate prisoners working on streets to pay fines and costs assessed and unpaid; to prescribe procedure for the collection of a poll tax; to repeal all ordinances and parts of ordinances in conflict therewith; and to prescribe the time when this ordinance shall be in full force and take effect. BE IT OP~AINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: Article T. 17-431, C. S. N.,.1929. GRADING, PARKING, DITCHING Section 1. STREETS; GRADING, PARKING, DITCHING.- The mayor and council may, by resolution, order the grading, draining, parking o~ ditching of streets within the corporate limits of this city whenever deemed necessary ~nd tax the cost thereof to the general fund or road fund. Article II. IMPROV~MENTS AID) SPECIAL ASSESSMENTS Sec. 2. STREET AND AtLEY REPAIRS.- The cost of ordinary repairs of streets and alleys shall be paid out of the road fund (part of general fund); and the mayor and >council are authorized to draw warrants against said fund not to exceed eighty-five per cent of the amount levied as soon as levy shall be certified bv the citv 256 ORDINANCE R.ECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. - '. "-- , FOR. NO. ,u,s..ourz .RTO. 00.. ORD, NE.. and to condemn or purcha.se private pr!)pE~rty for such public USe as provided -by law. Streets and alleys may be vacated as and when the mayor and council deem it necessary for the public safety, welfare and convenience; and the title to the land so vacatad for alley purposes shall revert to the owner or owners of the lot or lots from which it was originally taken, one-half on each side thereof, as provided by law. The title to the le.nd so vacated for street purposes shall revert to the owneirs of the adj acent real estate, one-half on ea,ch side thereof. Sec. 4. CROSSINGS.- The council may order arid cause to be oon- structed under the supervision of the committee ort streets and alleys, the street commissioner or other person, such street, avenue and alley crossings and crosswalks of such material as said council may deem necessary. When petition praying for the con- struction of any such crossing by the city is filed by any inter- ested residents of the city in the office of the city clerk, said clerk shall refer Same forthwith to the committee on streets and alleys who shall investigate and then submit said petition, to- gether with recommendations for allowance or rejection to the council for final aotion. -l Article III. NUMBERING STREETS AND BUILDINGS 17-428, C. S. N., 1929. Sec. 5. STREETS, AVENUES; NAMES, Nm~:BERED.- Streets and avenue in the City of Blair, NebraSka, shall ,be designated by appropri- ate name or number in such manner as the street cDmmissioner shall suggest in the fj.rst instance, taking into consideration the plan followed in naming and numbering the same in the original town of said city and subsequent additions thereto, which suggestions together wi'th the council's amendments or alterations, if any, shall be hereafter adopted from time to time by ordinance. i Sec. 6. RESIDENCES, BUSINESSES, DISPLAY NUMBERS, HOW.- Each owner or Occupant of any residence, store, room or other building situated on any street or avenue in this city shall cause to be displayed in a conspicuous place upon su.ch reàidence, store, room, building or painted on the curb in front of the premises, a sign upon which shall be painted the proper street number of such residence, store, room or other building, in figures not less than two and one-half inches high. Sec. 7. STREETS AND AVENUES, MARKED, HOW.- All streets and avenues shall be plainly marked at each corner with their proper names legibly painted on signs in letters and figures, in dimen- sions at least two a,nd one-half inches high; and said signs sha11 be secured to the corner of fence, buildlng or other structure, otherwise such a sign shall be painted on th.eecurb' 0:1' on posts at the corner of the street or avenue. The street commissioner shall administer the provisions of this section. When street and avenue signs become blurred, and obscure they shall be renewed or replaced without delay. Sec. 8. HOUSE NUMBERING PLAN.- The houses and buildings situated within the corporate limits of the City of Blair, Nebras shall be numbered pursuant to such plan as may be ado'pted in .--., , ! ORDINAN'(~E RECORD 257 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. , ,,' Article IV. OPENINGS I ' 17-144, O. S. N., 1929. , Sec. 9. 'STREETS, EXCAVATIONS,' OPENINGS; PERMIT, BOND; TREES GROWING IN STREETS, CITY ONLY T:RIMS OR OUTS DOWN. - No person, persons or corporation shall excavate or open allY street, alley or other grounds in the City of Blair without obtaining a permit to do such work from".:the street commissioner and no permit shall be issued until a bond is filed with the city clerk in an amount to be fixed by the street commissioner not exceeding Two Hundred Dollars ($200,00), with two good and su'fíïcient sureties, or an approved surety company, conditioned that such person, persons or corporation will indemnify and keep harmless the City of Blair from any and all liability from accidents and injuries caused by the opening of said street. No person shall cut down, fell or trim the branches of any tree growing within the limits of any street except under the supervision, direction or control of the street commissioner or his agent. i-- I 17-455, C. S. N., 1929. Sec. 10. CURB, PAVEMENT, SIDEWALK. CUTTING, PERMIT, INSPECTION DEPOSIT, BOND ,- It shall be unlawful for any person, firm or corporation to cut into any pavement, curb or sidewalk for any purpose whatsoever, without first having obtained a written permit from the mayor and council therefor. Before any person, firm or corporation shall obtain such permit, such person, firm or corporation shall inform the street commissioner of the place where such cutting is to be done and it shall be the street commissioner's duty to make an inspection of the place of entry into said pavement, sidewalk or curb before the same is cut. When cutting into any pavement it shall be the duty of the party so cutting to make the same in such a way and in the m8~ner and under such rules and regulations as may be prescribed by the street commissioner; and when said person, firm or corporation is ready to close said opening, said person, firm or corporation shall inform the street commissioner who shall supervise and inspect the materials used and the work done in closing sa.id opening. It shall be discretionary with mayor and council to do said work MJIrl' charge the cost thereof to the party who obtained such permi tor said council may consent to the. same being done by the party holding such permit. Before any permit ~s issued by the mayor and council the applicant for such permi t. shall dßposi t wi th the city treal:',urer the sum of One Dolla.r and Seventy-five cents ($1.75) per square foot for all pavement, curb or sidewalk to be cut. Said deposit shall be retained by the city for the purpose of repla.cing said pavement, curb or sidewalk, in case said work is done by the city. In case city elects to require the applicant to replace said pavement, curb or sidewal~, said deposit shall be retained by the city until said work 1s. complete to the satisfaction of the street commissioner. In addition to making the deposit above set forth the applicant shall before any permit is 'issued, execute a bond to the city, with good and sufficient surety or sureties to be approved by the mayor and council, in the sum of not less than Five Hundred Dollars ($500.00) conditioned as follows: First, that said applicant will, if requested by city, promptly replace, and repair each -~" -..--.. -,--- --..L '-.L- _n_- ----.,-...L u_-"- _n -,-".,.,'- 25B ORDINANCE R~ECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO. 101 OUIZ PRTG. GO.. 000, NEB, Article V. ,BUILD Dm MOVING 17-141', 17-144,17-455, C. S. N., 1929. , , Sec. 11. 'BUILDING MOVING, PERMIT FOR EACH BUILDING MOVING JOB RE~ì.UIRED; MAYOR DESIGNATES ROUTE. - No buildi ng shall be moved over or across any street or public way of the City of Blair, Nebraska, until a permit therefor has been issued by the mayor over his signature, the same to be attested by the city clerk. The mayor is hereby authorized to issue such permit upon a written appli- cation presented to him, if said application shall show the size and kind of building, its proposed location, and that all city taxes and special assessments then due against the building and lot on which it stands have been paid. The mayor in said permit shall 11mi t the time of removal and shall specify the route to be followed in moving said building over and across the streets and. ways of said city; and it shall be unlawful for any such licensee t.o digres~f..rom such specified route Without. th.6 wri.tten consent of xhe mayor; Provided, tnat. in designating the route to be followed, the mayor shall prescribe such route as will least interfere with the electric lighting system and other wires of corporations under all the circumstances. Notioe shall be given to the mayor and light commissioner of the hour when such moving will actually begin. ' Il Article VI. STEAM ENGINES, HEAVY MACHINES 17-455, C. 8. N., 1929. Sec. 12. STEk~ ENGINES, HEAVY MACHINES, GAS, KEROSENE TRACTORS ON UNPAVED STREETSj SAME ON PAVED STREETS, OHIEF OF POLICE TO DESIGNATE THE ROUTE.- It shall hereafter be unla.wful for any person or'persons to move or operate any steam engine, gas or kerosene tractor, or roa,d roller acr088 any' curb, gutter, bridge, culvert. sidewalk, crosswalk or crossing in any unpaved. street within the corporate limits of this city without first having protected. such curb, gl1vter, bridge, culvert, sidewalk, crosswalk or crossing with heavy plank sufficient in strength to warrant against breaking or damaging of such curb, gutter, bridge. culvert sidewalk, crosswalk or crossing. Hereafter it shall be' unlawful to run, drive, move, operate or convey over or across or upon any paved. street in the City of Blair, Nebraska, any truck, tracto , wa,gon, vehicle. machine or implement with sharp discs or sharp wheels that bear upon s'aid pavement or with wheels having cutting edges or with wheels having lugs or any protruding parts or bolts thereon that extend beyond a plain tire so as to cut,' mar, indent or otherwise injure or damage said curb, gutter or pa'Vement or any vehiol~, tractor, machine or implement of such weight or proportions or carrying any load that will cut, mar, indent or otherwise injure or damage any pavement, gutter ó:rcurb within the City of Blair; Provided, where heavy vehicles, structures and machines move along paved, or unpaved streets of said 01 ty, the chief of police is hereby authorized and empowered to choose the route ov'er which the moving of such vehicles, structures or machines will be permitted or allowed. l Article VII. PENAI, RECtULATIO118 I ORDINAN(~E RECORD 259 Compiled by George R, Mann, Lawyer, Lincoln, Nebraska, Ii secured or otherwise discharged. according to law; and the police magistrate shall tax and collect as costs for the benefit of the City of Blair, Nebraska, the amount of money, if any, ascertained by him which is required to restore Ç>r reconstruct any sidewalk, curb, gutter, culvert or pavement, damaged by persons found guilty of violating any of the provisions of this chapter. 17-438,29-2209, C. S. N., 1929. Sec. 14. WORK ON STREETS BY PRISOHERS, REGULATIONS,GOVERNING; SAME, PENALTY FOR ESOAPE; SICK PHISONERS; BREAD AND WATER DIET.- In case prisoners committed to the city j~il are ordered to work upon the streets, alleys,and common grounds of said City of Blair, or elsewhere, the said jailer shall deliver them from. day to day, together with their warrants of commitment, to the person having charge of. the work to be done and may deputize said person to hold such prisoners at work as in the jail of said city. The city j ail is hereby declared to extenli to any street or other place designated by the mayor and councilor chief o.f police for the employment of prisoners; and any prisoner breaking away from'the person in charge of him while at work, or effecting an escape whil at work, shall be liable, in the same manner as for breaking jail. No prisoner shall be required to perform the labor above described if the city physician certifies that such prisoner's health will be endangered in 80 doing. Should such prisoner refuse to perform said work and the city physician shall refuse to issue the certi- ficate mentioned above, said prisoner may be confined on bread and water diet, for such intervals as the police magistrate shall pre- scribe, until such time as he shall be willing to work, or his sentence shall expire. Artiole VIII. POLL TAX 17-579, 39-206, 77-1802 and 77-1902, e. S. N., 1929. Sec. 15. POLL TAX, PAYMENT, NOTICE.- Every male inhabitant in the City of Blair, Nebraska, being over the age of twenty-one years and under the age of fifty years, except as specifically exempted by law, shall be assessed and shall pay a poll tax of Two Dollars and fifty cents ($2.50) annually. The chief of police or street commissioner, under the general direction of the city clerk, shall be the proper officer,when directed todo so, to notif all of said able-bodied male residents of said city to pay said tax. If said tax shall not be paid to said chief of police or street commissioner, pursuant to notice, as aforesaid, said person liable to pay poll tax shall forfeit and ~ay to said city fo.r each day's delinquency the sum of One Dollar ($1.00); and the amount so due shall be collected as taxes on property are collected and the same shall be a first lien upon the property of such person or persons that may be listed or assessed for that year; and the city clerk shall certify the amount due by way of poll tax from each such individual, as aforesaid, to the county clerk of Washington County, Nebraska, who shall place the Same upon the proper tax list, 1::0 be collected in the manner provided by law for the collection of state and county taxes in the County of Washingt n, State of Nebraska. When any person shall have compl~ed with the requirements of this section, by paying annually the,sUID of Two Dollars and fifty cents ($2.50) by way of poll tax, the city clArk AhAll ;RRI1A ~ ",..,.+';+'i"",,+o ""no.,. +"'0 DOn' ~.f' "'n~rl ö4+,. +hn+ 260 ORDINANCE' R:E CORD Compiled by George.R. Mann, Lawyer, Lincoln, Nebraska. -- -"-----------. -- FORM NO. 10\ O";, PRTO. ORO. NEB. . , i exclusively for the maintenance or construction of roads, ~treets or alleys therein or for other road purposes designated by I said ci ty as may be permitted by law. i i Article IX. REPEAL AND OPERATIVE CJ~AUSES I Sec. IS. .REPEAL OF PRItm ORIHNANCES IN CON'FLICT.- AlIi ordinances and parts of ordinances passed and approved pripr to the passage and approval of this ordinance and in conflict i therewith or with any of the provisions thereof are hereby repee.led. . ... i I i Sec. 17~ WHEN OPERATIVE.- This ordinance shall be in rll111 force and take effect from and after its paElsage, approval and publication according to law. i ~ I ¡ Passed and approved August 24, 1939. ATTEST: /V ¿~1/1~ P. O. SORENSEN, Mayor -, ~~ HRISTENSEN, City Clerk. (SEAL) I i I i i ,. I ,I r-- I OR.DINANC'E RECORD! 261 , , Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. 'ORM NO. " I,.. OU"' "'G. co.. ORO. NO.. I I I The Mayor then instructed the Clerk to read I by title Ordinance No. 551 , Chapter 25 ,of the Municip*l Code of the 01 ty of Blair , Nebraska. The Cl~rk ther.eupon read the aforesaid Ordinance N.o. 551 ,Cha.p.t.er 2.5.J. ' by title upon its first reading. Whereupon Oounci1man Martin K,hr moved that said Ordinance No. 551 , Chapter 25 ,be approved on its first reading and its title agreed to. 00unø11man John IE. Hansen seconded this motion. Whereupon 00tmoi1man Emmett R..oun~s called for the question. The Ohalrman put the question a d instructed the Clerk to call the roll for ths vote thereon. The lerk called the roll and the following was the vote on this motion:1 Yeas: KUHR, . HANSEN,. ROUNDS, HOL 13TEIN , CHRISTENSEN, ~At1LSEN, HUNDAHL, McCOMB. : Nays: None. i Motion: Carried. Whereupon the Mayor ~eclared said Ordinance No. 551 ,Chapter 25 ,approved on its tirst reading and its title agreed to. i I , I I Whereupon it was moved byCounol1man Dewey Holste1n i and seconded by Oouneilman C. M. Ohr1stensen that the statutory r~les in regard to the passage and adoption of ordiw:mces be suspended sþ that said ordinance might be introduced, read, approved and passl~d at the same meeting. Councilman K. P. Hundahl called for ,the question. The Mayor put the question and instructed Jhe Clerk to call the roll for the vote thereon.' The Clerk called t e roll and the following was the vote on this motion: I ' Yeas: HOLSTEIN, OHRISTENSEN, HUNDAHL, KUHR, HANSEN, IROUNDS, McCOMB, PAULSEN. . ! Nays: None. I Motion: Carried. Whereupon the Mayor ! declared the statutory rules in regard to the passage and approval pf ordi- nances suspended so that Ordinance No. 551 " Chapter! 25 , might be read by title the first and second times, andl at large the third time with the "Yeas" ani "Nays" each time cdlled and recorded, approved and passed at the same meeting. I I FIRST R1~ADING ' SUSPENSION OF RULES SECOND HEADING ¡---I Ordinance No. 551 , Chapter 25 , now cfmes on for second reading. The Mayor instructed the Clerk tp read said Ordinance No. 551 , Chapter 25 ,by title upon, its second reading. The Clerk then read said Ordinance No.551 ,I Chapter 25, by title upon its second reading. I Whereupon Counoilman A1fœed Paulsen moved that s!aid Ordinance No. 551 , Chapter 25 , be approved upon its second r~ading and its title agreed to. Councilman C. E. MoOomb seconded! this motion. i Whereupon Councilman K. P. Hundahl called for Ithe question. The Mayor put the question and instructed the Cierk to call ;~~, :.~;'::- f.~:- t~:- v..~_t.e- t_~er~~~,n~. -~~~ __?~erk called the r9ll and the ?f;? ORDINANCE R:ECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. --, --..----- 'ORM NO "4-' " - THIRD READING Said Ordinance No. 551 ,Chapter 25 , now comes on for third reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter 2§ , at large upon its third reading. The Clerl{ read said Ordinance No. 551 ,Chapter 25 ,at large upon its third reading. Whereupon C:ouncilman MEtrtin Kub'i!1. moved that said Ordinance No. 551, Chapter 25 ,be approved on its third reading and its title agreed to. Councilman C. E. MaOomb seconded this motion. Whereupon aounoilm~ln Dewey HolsteiJ¡}alled for the question. The Mà.Yor put the question and instructed the Clerk to call the roll for ~he vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: t{UH:R., McOOMB, HOLSTEIN, CHRISTENSEN, ROUNDS, HANSEN, PAULSEN, HUNDAf~. Nays: None. Motion: Carried~ Ordinance No. 551 reading and its title ! I Whereupon the Mayor declared said ,Chapter 25 , approved on its third agreed to. FINAL PASSAGE The Nayor declared said Ordinance No. 551 ,Chapter 25 of the Municipal Code of the City of Blair Nebraska, having been read by title the first and second times and at large the third time, the rules having been suspended and the "Yeas" and "Nays" having been called. and recorded four times, and each time duly approved and its title agreed to, the question is "Shall said Ordinance No.55l ,Chapter 25 ,of the Municipal Code of the City of Blair, Nebraska, finally pass?" Counoilman Alfred Paulsen called for the question. The Chairman put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: . Yeas: PAULSEN, HUNDAHL, MòCt;>MB, CHRIS~'ENSEN, ROUNDS, HANSEN, KUHR, HOLSTE:IN. Nays: None. Motion: Carried. Ail members having voted on the. affirmative for the final passage of said Ordinance NCI. 551 ,Chapter 25 the Mayor declared said Ordinance No. 551 ,Chapter 25 duly passed and adopted as an ordinance of the City Blair , Nebraska. I , of Al'PROVAL Whereupon the Mayor approved said Ordinance No. 551 Chapter 25 ,of the Municipal Code of the City of Blair Nebraska, by subscribing his name thereto, and the Clerk attested saiß signature of the Mayor by subscribing his name thereto and affixing thereon the seal of the C1 ty of Blair Nebraska. The above proceedings of the Mayor of this oi ty with reference to the had on the 24th day of August and Council ordinance aforesaid, were , 1939 . PUBLICATION 1 ORDINANCE RECORD ?~~ Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO, 1>4," QUIZ PTO, co.. ORo. NEB. AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA 1 rSS. " WASHINGTON COUNTY. J I, JOHN A. HHOADES " of lawful age, be ing first duly sworn on oath, say that I am the ()wne rand publi shar of The Enterpr1 se " a printing and publishing com- pany in the 01 ty of Blalr , in said county and state; that the foregoing Chapter 25 , included in Ordinance No. 551 , of the City of Blair Washington County, Nebraska, was by ~ The Enterprise, printed and published in pamphlet form in Baid Oi ty of Blair, in pursuance of the statutes of tho State of Nebraska and the ordi- nanoes of 'said City of Blair, Nebraska, in such oases made and provided, and by order and W1der authority of the Mayor and Counoil of Blair ' ~a.shlt).gton CoW1ty, Nebraska" as shown by the following reso- lution passed by its said Mayor and aouno1l AugUst 21+ , 1939: "BE IT RESOLVED BY THE MAYOR OF THE CI TY OF BLAIR AND COUNCIL , NEBRASKA: 1. That the Oi ty Clerk be and he is hereby instructed to cause Ordinance No. 551 , a General Revision Ordinance which em- braces all ordinances of said city of a general and permanent nature divided into 28 Chapters with the several sections there- W1der, to be published in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Federal Securities Building, Linooln, Nebraska. . m______-----------,-----------~--------iL.¿L~__"~.- . . ~X3¥It"XU~ P. C. SORENSEN, Mayor. Attest: -~~i~üt'~ ~-(C;;:;;)-Cl-;;:k . (SEAL) Introduoed by Councilman John J:.¡ Hansen; Adopted Augu at 21+ . 1939. A --- -----, å"œ., "... !>lL . ~"Za .. 264 ORDINANCE RJECORD Compiled by George R. Mann, Lawver, Lincoln, Nebraska. FORM NO. '24-5A QUIZ FTG- CO" ORO- '.0. W" . CERTIFICATE OF PASSAGE CITY OF BLAIR 1 I 55. l STATE OF NEBRASKA COUNTY OF WASHINGTON I, HENRY CHRISTENSEN Oity Clerk of the City of Blålr Washington County, Nebraska, hereby certify that the annexed ordinance, purporting to be Chapter 25 of the Municipal Code of this c1ty and embraced in Ordinance No. 551 of said oity , a "General Revision Ordinance which inéludes all the ordinances of this c1ty , of a general and permanent nature arranged in Chapters and Sections, was passed as such by the Mayor and Council , of the City of Blair Washington County, Nebraska, pursuant ~I ! to the rules and regulations prescribed by general law and by said Mayor and Council for the passage of ordinances, and was duly approved by the Mayor of said oity said passage and approval having been made on the 24th day of Augu at , 1939, with respect to said Chapter aforesaid which as a part of Ordinance No. 551 has been published in pamphlet form by authority of the klior and Council of -, said 01ty and has been distributed by said oity under direction of its duly constituted authorities pursuant to resolution of the Mayor and Council thereof. IN WITNESS WHEREOF, I have hereunto affixed my hand and seal this 19th day of September , A. D., 1939. II ORDINANCE RECORD 265 Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FOR. NO ,.4-!!b.9.\ll% PTe CO ORD"" ORDINANCE No. !>51 , CHAPTER 26 Introduction of Ordinance No. 551 , Chapter 26 Municipal Code of the Oity of Blair " of the Nebraska. Chapter Blair Councilman M&rtin follows, to-w~t:. And the matter now coming before the Mayor and Oounoil was the passage and approval of Ordinance No. 551, 26 , of the Municipal Code of the 01 ty of Nebraska. This ordinance was introduced by Kuh; , and is in words and figures as Chapter 26 TELEPHONE THE BLAIR TELEPHONE COMPANY FRANCHISE An ordinance granting to The Blair Telephone Company, a corporation, ,its successors and assigns, the' right to use and occupy the streets, alleys and other public places of the City of Blair, Washington County, Nebraska, for the purpose of constrúcting, mainta:l,ning and operating a general telephone and telegraph - system within said city, subject to the police power thereof; prescribing rules governing and controlling the moving of buildings or structures which interfere with the poles and wires of comuany; regulating the installation of city police and fire alarm wires on poles of oompan:r; to repeal all ordinances and parts of ordinances in conflict therewith; and to prescribe the time when this ordinanèe shall be in full force and take effect. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRAsKA: Ì7-2Q7, 17-455, C. S. N., ,1929. Section 1. FRANCHISE GRANTED..- That The Blair Telephone Company, a corporation, its successors e~d assigns, are hereby granted the right to use and occupy the stree'ta, alleys and other public places of the City of Blair; Nebraska, for the purpose of constructing, maintaining and operating a general telephone and telegraph system within said city. Sec. 2. SAI\Œ; SUBJECT TO POLICE POWER.- That the rights herein granted are subj ect to the exeroiise of the police power as the same now is or may hereafter be conferred upon said city. Sec. 3. GRAWrOR HELD HARMLESS..- That the Oi ty of Blair shall be saved harmless fronJ¡,ny claims arising out of personal injuries occasioned by the negligence of The Blair Telephone Company in constructing and maintaining 'or operating said system. Sec. 4. BUILDING MOVING; NOTICE; COST OF TEMPORARY POLE AND WIRE REMOVAL PAID IN ADVANCE.- That whenever it sh&11 be necessary for any person or corporation to moye along oracross any of the public streets or alleys of the C:Lty of Blair, nebraska, any vehióle or structure of such hei~ht ?r size as ~o int~rfere with OR D IN ANCE R lEC ORB by George R.Mann, Lawyer, Lincoln, Nebraska. FORM NO, """ OUIU70, CO" ORO. NFO, Sec. 5,. CITY POLIOE ANDFIRE.ALARM SERVICE..- That'Þhe City of Blair shall be permittedtoplaoe Us ~police and fire alarm wires upontbe poles and in the oonduihbelonging to The BlairTelepbone.Company,.fr~e of charge: Provided, however, thf!,t . f3uch wi.resshallbe pla.ced and maintained in a manner satisfactor 'to .said.c()mpanY;ia;nd provided further, that grantee shall be saved harmless from any Claims!Ú:-isingout of personá¡injuries dccasio:qed.by the negligence of grantor in,.qonstru9ting,qperatin or maiP::H.âining said police or fire alarm service~ ., Sec. 6. COST OF PUBLICATION AND RECORDATION.- That The Blair TeleþhonEl.Companyshall upon demand, pay the cost of publishing and reCording this ordinance. Sec. 7,. REPEAL OF PRIOR ORDINANCES IN OONFLIOT.- That all .~~d~~:nÞ::s~~ ~~t :p~;o~~ii~~~~f 8 p~~;~~~:c~ ~IP6~~~~i~~ior therewith are hereby repealed. . Sec.8~ WHEN,OPERA'l'IVE.':" That this ordinance shallbë in full force and take effeot'and shall constitute a binding con- t,ract between the Oi ty of Blair, WashingtönCounty, Nebraska, and The Blair Telephone Company when it shall have been enacted . and published according to law, and wh~n the provisions thereof shall havELbeen accepted in wri'hing by The Blair Tel eþhone Company. . Passed and approved August 24, 1939.. ~JL~ . P. C.¡ SORENSEN, Mayor ATTEST: City Clerk. (;NOTE:.For Ac~ceptance and Receipt of Acceptance see' Ordinance 'Record:r".OHY'/Of Blair, NebraSka, Chapter 26, Ordinance No. 551 proce~dings.of August 24,1939.) ORDINA N()E...... REC ORD Compiled by George R;Mann, Lawyer, Lincoln, Nebraska. The BlalrTelephone Company, a corporation, signifies 1 t.s acceptance to the above and. foregoing ordinance, known as Cha. pter 26, Ordinance No. 551, Munioipal Oode, 01 ty of Blair, Nebraska, \1939). (SEAL) ACCEPTANCE Blair, Nebraska September 19, 1939 THE BLAIR TELEPHONE COMPANY By#l~ RECEIPT OF ACCEPTANCE Blair, Nebraska September 19, 1939 Reoeived a copy of The Blair Telephone Company IS II Aoceptancl3" of the above and f'orego.ing ordinance. dl3scrlbed in the above II Acoeptanoe" thi s -Æf?! day of Sept ember, 1939., CITY OF BLAIR NEBRASKA BY.JJt'- ' ~ HENRY City 0 RD IN ANCE . RECORD FORM NO. 'O, \ l' . Compiled,by George R. Mann, Lawyer, Lincoln, Nebraska. 0 RDIN,AN CERE CORD, FIRST RB:ADING' The, Mayor then instructed the Clerk to read by title Ordinance No. 551 ,Chapter 26 ," of the Municipß,l Code of the, C1 ty of Blair , Nebraska. The,' Clerk ther'eupon read,theaforesaid Ordinance No. ~551 .. , Chapter 26 , by title upon its first, reading;. WhereuponCOunoilmanK.P.Httl'ld.ahl moved that said Ordinanc,e, No. 551 " Chapter 26 , baapprovedohits first reading ß,nd. its title agreed to. OounoilmanMartin Ktthr seconded this motion. Whereupon Oounoi1manC. E. MoOomb called for, the question. The Mayor put the question and instructed. the Clerk to call the roll for thH vote thereon. The Clerk called the r,oll and the following was the vote on this motion: Yeas: RUNDAHL, KUHR, Mo COMB, PAULSEN, BAN BEN, ROUNDS, HOLSTEIN, OHRISTENSEN. " , ' Nays : None. Motion: Carried. Whereupon the Ordinance No. 551 , Chapter 26 and its title agreed to. Mayor declared said , approved on its f irst,/reading SUSPENSION OF RULES Whereupon it was moved byCouncU.man Alfred. Paulsen and by Councilman John E. Hansen ,that the statutory rules in to the passage and adoption of ordinance's ,be suspended ,so ordinance might be introduced, read, approved and passed same meeting. CounoilmanEmmett Rounds called for, the The Mayor put' the question and instructed the call the roll for the vote thereon" The Clerk called the roll and the following was the vote on this motion: Yeas,:PAtILBEN, HJ).NSEN~ROUN])S, OHRlfSTENSEN, HOLST EI'N , KUHR, HUNDAHL. , ' Nays: None. Motion: Carried. Whereupon the .ayor declared the statutory rules in regard to the passage and approval of ordi... nancessuspended so that Ordinance No. 551 , Cl1apter26 . might be read by title the first and second times, andåt large the third time with the "Yeas" and "Nays" each time oalledand recorded, approved and passed at thesEune meeting. SECOND HEADING Ordinance No. 551 , Chapter 26 , now comes on for second reading. The Mayor instructed the Clerk to read said Ord.inance No. 551 " Chapter 26 , by title upon its second reading. The Clerk then read said Ordinance No. 551 . Chapter26 by title upon its second reading. WhereuponCouncl1man Dewey Ho1EI'tein moved that said Ordinance No. 551 , Chapter 26 , be approved upon its second reading and its title agreed to. Oounci1man O. M.C:hristensen seconded this motion. Whereupon Oounoilman John E. Hansen called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the f'nlln1J,;nO' "'roC! +'ho ",,'to ".... +.,.;~ m"'t.;,,..... O.RDINAN CE "R,:ECORD THIRD READING " Said ordinance No. 5,1 , Chapter :26 , now comesonfoI' third reading. 'The "Mayor instructed the Clerk to read said ôrdinanceNo;551 , chapter ," 26 , atY,largEJuponi:ts thir4, reading. The Clerk read said Ordinance No~,5;l ,:Chapter26,., , at large upon its third, reading.,j¥he,reupcnOi>ijl'lcUman Alfred P~1l1sen Ulovedthatsaid Ordinance No. '.' $;1' , , Chapter 26. ", be ,'éìPproved,on its third reading, and its title 'agreed to. Couno11man C.E. MoComb ' seconded this motion. Whereupon~Couno1lmaJ1 Dewey Holste1ncalledfor' t,he~ question." The Chalnnan ' put the question and instr1..lcted the Clerk to call the roll for the vote thereon~ The Clerk called the roll and ,the following was the vote on this motion: 'Yeas: 1>AtJ,LSm ,MoØOMB,HOJ.~~~N, CHRII3TENQEN, ROVNDS,XU$, trANSIeN, HUNDAHL. .' , Nays: None. , Motion: 'Carried. Ordinanc e " No .j;l reading and its title Whereupon~the ~ Mayor declar,ed said , Chapter 26 " approved on its third agreed to. FINAL PASSAGE The MaYor declared said Ordinance No. 551 , Chapter 26 df the Municipal Code' of the 01 ty of Bla1r Nebraska,'having been read by title the first and second times and at large the third time, the rules having been suspended and the "Yeas" '.. and "Nays" having been' called and recorded four times, and each time duly approved and, its title agreed to, the question &6d;S~;lth:aiÔ\ to;dinan~: N°.ií~1r " ChaPter'~:br~;ka~f fi~~l~in~~;~~;, 'OounC1lmanK.p. Hundahl cål1ed for the question. The Mayor put 'the question and instructed thè Clerk to call the roll. for th~vote thereon. The Clerk called the roll ~nd thefollow1ngwas the. v.O,teu on this motion:, Yeas:" HrÜlDAHL,KUHR, McCOMB, :KAN8J1;N, PA,ULBEN, ,HOLSTEIN, RO~DS, CHRISTENSEN. " Nays: None. Motion:,.carJ:'ied. All members having voted on the affirmat:t¡e for, the final passage,of said, "ordinance No. 551,' , Chapter, 2,6 the Mayor declared said Qrdinance No. 551 , Chapter 2 duly passed and adopted as an ordinance of the 01 ty Blair , Nebraska. of APPROVAL Whereu.!?on,the Mayor approved said Ordinance' No. 551 öhapter 26,' ,of the~Municipal Code of theC11¡y' of Blair, , Nebraska, by subscribing his name thereto, and the Clerk attested séìid signature of the Mayor by subscribing his name thereto and affixing ,thereon the seal of the City of Blair Nebraska. ' The above proceedings of the Mayor' 'and Couno1l of this o1ty with reference to the ordinance aforesaid, were haqon the 24th day of .(wgust " 19 39 . PUBLICATION , , , , ..' ORDINANCE RECORD Compiled by GeorgeR; Mann, Lawyer, Lincoln, Nebraska. FORM NO. >24.,. OUIZ PTO. CO., ORO. .n. AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA 1 (SS. WASHINGTON COUNTY. J I, JOHN A. RHOADES ,. of lawful age, be ing first duly sworn on oath, say that I am the owner- and publisher of The Enterpri se , a. priI1ting and publishing com- panyin the. City of Bl.air , in såid county.and state; that the foregoing Chapter 26 ,included in Ordinance N°.551 , . Of the aity of. Blair T{asJ:1â.ngtQn CoUnty, Nebraska, was by taæ The Ente:rpr1se ,pI'.:i.nted- and published in pamphlet form in Baid City of Blair, in pursuance of the statutes of thøState of Nebraska/and the.ordi... nances of said Oi ty of Blair , Nebraska, in sUch casès made and provided,. and by order and under authority of the Mayor and Council of Blair Washington County, Nebraska, as shown by the following lution passed by its said Mayor and Council AugUat2lJ. , 19 39: "BE IT RESOLVED BY THE MAYOR OF THE OI TY . OF BLAIR AND OOUNOIL , NEBRASKA: 1. That the 01 ty Clerk be and he is hereby.. instructed to cause Ordinance No. 551, a General Revision Ordinance which em"; braces all ordinances. of said city of a general and permanent nature divided into 2S Chapters with the severaL sectións there... . under, to be published in book or. pamphlet form under the direct.1on of. George R. Mann, Lawyer, 514 Fedøral Securities Building,Lincoln, Nebraska. -----"---------------_._--_.._---,--__"--_æ¿2~____".._- .- Dac~~XllXU:UUUx P. O. SORENSEN, Mayor. Attest: '~~~-(C;:t;;J-~ k . (SEAL) . Introduced by CounCilman John E. Hansen; Adopted August 24 , 19 39. Jlnn..."""rI An..,... ","" '311 .ORDINA'NCE RECORD. GeorgeR.Mann, Lawver,Lincoln, Nebraska. CERTIFICATE OF PASSAGE OF NEBRASKA 1 ¡ SSe OF.. WASHINa:TON OF BLAIR I,. HENRY CHRISTENSEN City Clerk of the. Oi ty Blair Washington County, Nebraska, hereby the annexed ordinance, purporting to be Chapter 26 Còde of this city and embraced in Ordinance of said city , a General Revision Ordinance which ordinances of this city , of a general and permanent nature arranged in Chapters and Sections, was passed.as such by the Mayor and Counail , of the City Blai r , Washington County, Nebraska, pursuant .rules and regulattons prescribed by general law and by äaid and Counail for the passage of ordinanc.es, and was dUly approved by the MaYor of said citY' said passage and approval haying been made on the 24th day of August , 1939 with respect to said Chapter aforesaid of Ordinarlce No. 551 has been published in pamphlet förm by authority of the Mayor and Council o1ty and has beendistributedbY:said c1ty under direction of its duly constituted authorities pursuant to resolution Mayor Gouno!l and thereof. IN WI.TNESS WHEREOF, I have hereunto affixed my hand and seal 19th day of September , A. D., 19 39. of of ! 0 R DINAN (DE ,R ECORJID Compiled by George R. Mann, Lawyer, Lincoln: Nebr...ka. ORM NO ",.. QUIZ P TQ. ORDINANCE No. 5~;1 , CHAPTER ...27 , Chapter 27 Blair Introduction of ()rdinance No. 551 Municipal Code of "the 01ty of And the matter now coming before the Mayor . was the passage and approval , of'the Municipal Code of the ,. NebI'aska. 'This. oI'dinance was Rounds , and is in words Chapte-r 27 Blair . Oounøllman Emmett follows, to-wit: Chapter 27 TELEPHONE NORrEWESTERN BELL TELEPHONE COMPANY FRANCHISE An ordinanoe, granting~t Ó. the N örthwes.t ern. Bell Telephone qOUlÞiriy~ a.cörporation, itssuccessorsarid~assigns,theright to~uSè and occupy the streets, alleysànd other, public plâces of the, City of Bla1r"Washlngton Counijy,Nebraska, for. the purposeqf ccmstruoting, maintaining andoperâ.t1ng ageneraltèlepl1onea,tld telegraph system within said cHy,subj ectto thepolice..pgwør thereof; prescribing rules govorning and controlling the moving of buildings or structures which interfere with the poles8.ll.d wires of company; regulating the installation Mclty police and fire alarm _wires~ on pOles of company; ,to repeal allo:tdi- nances and parts of ora inà.nces in conflict thérewith; and to . prescribe the time when this ordinance shalLbein full force and take effect. . " BE IT ORDAINED BY THE MAYOR AND ClOUNCIL OF THE CITY' OF BLAIR, fN:E~RASKA: 17-207, 17-455, O. S. N~, ~929 Section 1. FRANCHISE GRANTED.- That the Northwestern Bell Telephone Company, a corporation, its suöcessors and assigns, are hereby granted the right to use and ocqupy the streets, alleys and other public places of theCHy of Blair, Nebraska. for;the purpose of constructing, maintaining' and operating a' general. telephone and telegraph system witñin said city. Sec. 2. SAME; SUBJECT TO POLICE POWER.- That the rights herein granted are subj ect to the exerciEle of the police power as the same now is or may hereafter be conferred upon said city. Sãc.3. GRANTOR HELD HARMLESS.- That the City of Elair shall be saved harmless from anyclàims arising out of personalin.juries occasioned by the negligence of the Northwestern Bell Telephone Compan.y in constructing, maintaining or operating said system. Seo. 4. BUILDING MOVING; NOTIC'E; COST OF TE.MPORARY POLE AND WIRE REMOVAL PAID INADVANOE.- That whenever it shall be necessary for any persOn or corporation to move along or acrosëany of the public streets or A.I1AVI:: ('If' t:)-",. (14+" "of' t:2,~.- ~~_""___L ,., , :' . , ¡ , 2711 ORDINANCE R.ECORD Cc)tnpiled by George R.Mann, Lawyer, Lincoln, Nebraska. Provided, however, that this section shall not be conàtrùed to apply to circus or other parades upon 'the publi c stI'eets or alley. . . Sec. <5. CITY POÍ.rCE AND FIltE ALARM.SERvtCE.-That the "C1 ty of 1318.11' shall be 1=81'1.111 ttedto pla,ce its polfceand fire alarm wiresupollthe polesand.inthe>conduitS.belonging to;~:North- western.Bell'Telephone.Company,free of charge: Provided; howeverithat suchwiressha:L1.b,e placled and maintainedina m~nner satisfactory to said company; andprovidedfurther"that granteesha,ll be. saved harmless from anyclaimisarisiI1go\1t of . personaJ..lnjuriee occasioned by the negligencê of' grantor" in construCting, operating or maintaining said police or fire alarm sêrvice~ . , Sec.. 6. COST OF PUBLICATION AND RECORDATION.- That the 'Northwest.ern Bell Telephone Company shall Upon demand, pay the cost of publishing and recording this ordinance. Sec..7. REPEAL OF PRIORORDntANcES INCONFLICT.- That all ordinances and parts of ordinances pasi3ed and approved. prior to the passage and approval of this ordinance and in conflict therewith are hereby repealed. Sec. 8. WHEN OPERATIVE.- That this ordinance shall be in full force and take effect and shall constitute a binding oOn- tract between the City of Blair, WashingtonCôunty, Nebraska, and the Northwestern Bell Telephone Co!11pany when it shall have been enacted and published according t() law, and when the pro- visions . thereof shall have been acceptèd in wr1 ting by the said Northwestern Bell Telephone Company. Passed and approved August 24, 1939.. rf'r? / ~ ATTEST: P. C. SORENSEH, Mayor. ..rif~'~ HENRY~R¡STENSEI~, 01 ty Clerk. (SEAL) (NOTE: .For Aooeptance and Receipt of Aoceptance see Ordinance Reoord 1,Oi ty of Blair, Nebraska, Chapter 27, Orò.ine.l1ce No. proceedings of August 24,.. 1939.).. , 0 R D TN A N (;E .. R E'C 0 R D Compiled by George R. Mann, ACCEPTANCE Pmå!lä, Nebraska September 15, 1939. The Northwestern Bell Telephone COmpany, a oorpora- tion, s1gnifiés 1 ts aooeptance tel the above ahdforegoing ord1nance, known as Chapter 27) Ordinance No. 551,Mu nicipal Code, .. C1 ty of Blair, Nebraska, (1939). THE NORTHWESTERN BELL TELEPHONE COMPANr ~ By- I"I'(E:5IDEt/r 0 SEAL) RECEIPT OF AOCEPTANCE Blair, Nebraska, September lS, 1939. Reoeived a copy of the Northwestern Bell.Telephone Company IS "Accep tanoe" of the above and foregoing Ordinance described in the above "Acceptanoe" this lSth day of September, 1 g ~q . 6 O_RDINANCE RECORD by GeorgeR. Mann. Lawyer, Lincoln.. Nebraska. FOAM NO. 101 DO,. PATe. CO.. ORO. NE.. rl 0 R DIN A N (~ E R EC 0 RD Compiled by George R, Mann. Lawyer, Lincoln, Nebraska. FORM NO ""'A OW, PRT . FIRST READING The Mayor.. then instructed the Clerk to read by title Ordinance No. 551 ,Chapter 21' . of the MunicipalCode.q:r theOity of Blair ,Nebraska. TheClerkthareuþon read the aforesaid Ordinance No. ~>51 ,Chapter- 27 . ,by title upon i t5 first reading. Whereupon Oounol1ms.n Dewey . Holstell"l moved that said Ordinance No. 551, Chapter 27, 'be approved on its first reading and its title agreed to. Councilman ..lohnE.Hansen seconded this' motion.. Whereupon CClUnoilman cJ. E. MoOomb called for the question. The Mayo!' put the question . and instructed the Clerk to call the roll for thø vote thereon. The Clerk called the roll and the follow'ing was the vote on this motion: . YeaS: HOL6TEINiH~SEN -¥oCOMB, HUNPAHL,. KUHJ\"PAULSEN,ROQNDS, . CHRISTENSEN~~ ... Nays: None. M'otion: Carried. Whereupon the Ordinance No. 551 , . Chapter 27 and its title agreed to. Mayor declared said , approved on its first reading SUSPENSION OF RULES Whereupon it was moved by OOunoilman K. P. Hundahl and seconded by Counoilman .0.114. Christensen that the statutory rules in regard to the passage and~adoþtion of ordinances be suspended.so that. said ordinance might be introduced, read, approved and. passed at. the same meeting. COunol1manEmmett Rounds called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon.. The Clerk called the roll ' and.the following was the vote on this' motion: Yeas: HUN DAHL, CHRISTENSEN,ROUNDS, HOLSTEIN, H!s.)~13ÉN, PAULSEN, MoOOMB, KUHR. " '. ' Nays: None. . Motion: Carried. Whereupon the Mayor declared the statutory rules in regard to the passage and approval of ordi- nances suspended so that Ordinance No. 551 , Chapter, 27 , might be read by title the first and second times, and at large the third time with th,e"Yeas" and "Nays" each time called and recorded, approved and passed at the " same meeting. SECOND READING Ordinance No. 551 ,Chapter 27 . now comes on for second reading. The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter 27 ,by title upon i tssecond reading. The Clerk then read said Ordinance No. 551 ,Ch$pter 27 , by title upon its second reading. Whereupon Councilman Alfred Paulsen moved that said Ordinance No. 551 ,Chapter 27 - , bè approved upon its second reading and its title. agreed to. Councilman Martin Kubr seconded this motion. Whereupon Oounol1Illan Dewey Holstein called for the question. The. Mayor put the question and instructed the Clerk to call the roll for the vote thereon. ThE! Clerk called the roll and the followin~wA~ ~hø u~+o ~_.~,- - FOR. NO "A-S' O"IZ PRTG- CO.. ORD N,. OR.DINAN~CE .R'ECO RD by George R. lI1ann, Lawyer, Lincoln, Nebraska. THIRD READING Said Ordinance No.. 551 , Chapter 27 , naw cameson far third reading. The Mayor instructed the - Clerk to. read said Ordinance Na~ 551 , Chapter 27 , at large up an its third reading. The Clerk read said Ordinance No.. 551. , Chapter 27 , at large. up an. its third. reading. .... Whereupan OounollmanEmmettR.Q11,nds IIIdve.d that~Šaia. OrdinanceNe.~551, Chapter 27: ' , beappraveden its third reåd:Î.pgå.hd its title agreed. to.. Oounollman O.<1i:. MoComb . secanded tb.:l.slliatian. Whereupon. OouneilmånDewey Holsteln::alled far the>quest:iOþ.The Mayor put the questien and instructed the Clerk t a c~l1: the roll for the vote there an. The Clerk called the 1'0.11 andtljefallawing was the vate en this mati en: , Yeas : ROUNDS, MoCOMB, HOLST:EIN, CHRISTENSEN, PAULSEN, KUHn, HrJN DAHL , HANSEN. Nays: Nane. Metian: Carried. O.rdinanceNa. 551 reading and its title Whereupan the Mayor declared said , Chapter 27 , apprevedan its third agreed to.. FINAL PASSAGE The Mayor declared said Ordinance No.. 551 , Chapter 21 af the Municipal Cade 'af the City af Blair Nebraska, having been read by title the first and secand times and at large the third time, the rules having been suspended and the "Yeas" and "Nays" having been called and recardedfaur times, and. each time duly appraved and its title agreed to., the question is "Shall said Ordinance No.. 551 , Chapter 27 , af the Municipal Cade af theOity ef Blair , Nebraska, finally pass?" aounoilmanAlfred Paulsen called far the questian. The Mayor put the questien and instructed the Clerk to, c.all the rall far the vete therean. The Clerk called the .rell and the fellowing was thevate en this motian: Yeas: PAULSEN,ROUNDS, HA,:NSEN,HUNI)~,KUHR, CHRISTENSEN, MoGOMB, HOLSTEIN. Nays: Nene.. Matien:~Carried. All members having voted' an the affirmative fer the final passage ef said. Ordinance No.. 551 , Chapter: 27 the Mayor- declared said Ordinance No. 551 , Chapter 27 dUly passed and adepted as an erdimmce af the 01 ty Blair , Nebraska. , af '. Whereupan the Mayor app- cved said Ordinance No.. 551 Chapter 27 , afthe Municipal Cede af the 01 ty af Bla1r Nebraska, by subscribing his name thereto., and the Clerk attested said signature af the Mayor by subscribing his name thereto and affixing there an the seal af the Clt;y af Blair Nebraska. . . The aboye praceedings cfthe Mayor af this 01 ty with reference t J the had an the 2!.¡.th day af Augu at and Counei1 ardinance aferesaid, were , 19 39. ,APPROVAL 'DlmTT"'AmTAU ,..----, n O. R DIN AN CE. R E CO RD Compiled by George R. Mann, Lawyer. Lincoln, Nebraska. FOR" NO.""" OU'HTO. CO..ORD, .n. AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA 1 WASHINGTON COUNTY. JSS. JOHlfA.RijOAÞES " .of lawful age, being sworn.on oath, .say-that I am the ()wner' and pub 11 ghar , The Enterprise , a printing and. publishing com-- panyin the 01 ty of BId r , in~said c ountyand state; that the foregoing Chapter 27, , included. in OrdinaM.!'I. No. 551 , of the a1ty of B1å1r , Wash1hgtón County,. Nebraska, was by I¡;¡æ The Enterprise , printed andpúlJlished in pamphlet form in said 'Oity. of Blair, in pursuance of the statutes of the State of Nebraska and theordi.. nances of said (jlty of BI~l1r , Nebraska., in such cases made and provided, and by order and under authority of the Mayor and 00Un011 of Blair . Washington County,lifebraska" as shown by the following reso.... lution passed by its said Mayor and Oounoil August.24 . ,1939: \'BE IT RESOLVED BY THE MAYOR OF THE CITY OF BLAIR AND COUNCIL , NEBRASKA: 1 ~ That the 01 ty Clerk be and he is hereby instructed to cause Ordinance No. 551 ,a General Revision Ordinance which'em- braces all ordinances of said 01 1:y of a ,general and permanent .' nature divided into 2g Chapters with the several sections there- under ,t.o ,be published in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Federal Securities Building, Lincoln. Nebraska. Attest: ----------------- ---. - - -- -- "--- -~ -----___t2¿L~"'c-c-~""'~ ~nJðXJD%X%~ , P. O. SORENSEN, Mayor. --- - - --- --- n - -- - - - ~ -~-~""-----------------_----__m- STEN8EN , ~ (City) Clerk. (SEAL) Introduced by Oouno1lman John E. Hansen; Adopted August 24 , 19 39. AnnT'O'UAñ Ai"".,.,..+, o:>h. 'n..,,"- , . ORDINANCE RJECORD by George R. Mann, Lawver, Lincoln, Nebraska. FORM NO. ""'A OU", PTO. 00.. ORD. NED. CERTIFICATE OF PASSAGE OF NEBRASKA OF WASaINGTON ISS' I OF BLAIR I, HENRYCHR15TENSEN City Clerk of the City of Blair Wash1ngton County, Nebraska, hereby certify that the annexed ordinance, purporting to be Chapter 27 the Munioipal Code of this city andembraoed in Ordinance No. 551 of said city , a General Revision Ordinance which includes all the ordinances of this o1t;y , of a general and permanent nature arranged in Chapters and Sections, was passed as such by the Mayor , of the City Counoil and Blair Wash1ngton County, Nebraska, pursuant to the rules and regulations prescribed by general law and by said Mayor Counoll and for the passage of ordinances, duly. approved by :the Mayor of said citY' passage and approval having,been made on the æ8-th day of , 1939 , with respect to said Chapter aforesaid Ordinance No.55l has been published in pamphlet form by authority of the Mayor and Oounoil city and has beendistributec( by. said oity under its duly constituted authorities pursuant to resolution Mayor and Coun 01 1 thereof. IN WITNESS WHEREOF, I have hereunto a:rfixed my hand and seal this 19th day of September , A. D., 1939 . of of 0 RD INAN CEiR'ECO RD Compiled by George R, Mann, Lawyer, Lincoln, Nebraska. ORDINANCE No. 5!)1 , CHAPTER ,~ Introduction of Ordinance No. !)51, , Chapter' 2a Municipal Code of the City ()f Bll't1r of the Nebraska. And the matter now coming before the, Mayor and Oout1q~~ , ,was the passage and approval of OrdinanêeNo.551 , Chapt¡;)r2ð , of the Municipal Code of the Oity ,of Bldr ,Nebraska. ~:his ordinance wasintroduoed by OoUìtø11man Alfred, Paulsen , and is in words. and, figures as folloWs, to-wit: Chapter 28 WATERWORKS An ordinance establishing and providing rules governing and cön- tro111nga system of waterworkl3 within the' corporate limits,of theOi ty of, BlaiI') Nebraska¡ mliking this ordinance a parte! the contract of all cons1;lmers 13upplied by said sy'stem;re- quiring consumers to make appl:lcatiön for waterserviceÒn blanks furnished by said city for that purpose; prescribing~the ra.,tes to be charged for water \1sedby said consumers within and without the corporate limi'tis of said city) the time when the~payment of said water rentals shall be due and when water eerviceshall be shutoff for non...pa,yment; proyiding that~a.l1 water fixtureS shall be kept closed Save and except atsubht1me when the same are. in use¡ prov:i.dingrules governing thElsi,tua... tlon where two ormorðconsumeu'a.xe servecl through the>sa.me service pipe; providing the method in wh,ich waterserviceahalJ. be resumed when the 8an1e shaH have been shut off¡clothing the water commissioner or his agent with power to enter private premises in connection with said system of waterworks at reaSon- able hours; providing regulations concerning .theconstructionof house boilers) stop and waste ,aockBand the loc,ation of stop boxes; providing servioepipe BPecifications; prohibiting.the c.ontamiriation of the water supply; öreating the office of water commissioner¡ prescribing regulations concerning hisboné!., duties, and salary; pr,ov1ding the fees and charges fÖ'rinstall- ' ing water service; providing that all mains shall be tappedbyt water commissioner or by a plumber under the direction of the water commissioner of this city¡ prescribing meter regulations; requiring consumer to furnish meter pits of design sanctioned by water commissioner where installations in cellars and basements are not permitted or allowed;' dedicating the waterservlce to the use of all citizens of Blair) and when furnished to patrons outside its corporate nmi ts without discrimination; providing when water shall be turned on; prohibiting consumers from supplying other families; enj oining upon the consumer the~du ty of keeping water apparatus from freezing; exempting said city as guarantor of uninterrupted waterservìoe; providingfortpe setting, repair, replacement and testing of water ,meters¡ pro... viding that the water service of said c1 ty shall be sold by meter measurement only and shall never be resold by a.ny con- sumer; reposing in this city tile power to amend or change this ordinance¡ providing specifications for service pipe between ~~:::1,ll_~r~i~l main an~. meter ¡ prov~ding the mannðr in which this '282 ORDINANCE RJECORD Compiled by George R.Mann, Lawyer, Lincoln, Nebraska. r:I ~"DRPi'Nib'.. BY' m~. .. MAY di'AND.. '00 UN 0 ¡ L NEBRASKA:' , '17-441, 0.. S. Supp., 1937 FORM NO' ......" OU12 FTO. Co,. ORD, NEB. OF-THE CITY OF'ELAIR~' ,',.section!. ORDINANCE PART OF. <ltONSUm::R'S OOlqTRAOT.- The rules ,'andregulati ons and wa terra t es her einafternamed shalL b ~ 0 on- si.dered apart ç>f the contract wi th every person, corporation, partnership or association whiohis supplied with water through the waterworks of this oity,and every sucbperson, company, partnership, corporation or associat ion, by taking water Shall be considered and held to be bound thereby; and whenever any of them is violated, and such others as the c1 ty Or 1 ts water commissioner may he:reafter adopt, the water shall be out off fro~i:tJ:ï.ebUilding or place of such violation, even though two or more parties may receive water through the sattle pipe, and shall not be let on again, except by order of the water oommissions!r,and on payment of the expense of shutting it off and turning it on again; and after the cause forsuoh suspensionhaS:been removed, and upon such other terms as the saldwater, commissioner shäll determine, and a satis- factory understanding with the parties or party that no further cause ofoomplaint shall arise. In case' of such violation,the city shall. have the right to declare payment made for the water by the person committing such violation to be forfeited" and the same shall/thereupon be forfeited. Sec. 2. 8TREETEXCAVAT~ONS, BONDEDPLUMEERS MAKE, PERMIT AND FEES FOR; WATER SERVICE, APPLIOATION FOH.- Excavations in streets or alleys. of the City of Blair, Nebraska, i.nconnectionwith its waterworks system shall be made only by the water commissioner or his agents or by duly licensed and bonded plumbers after.lssuance to them. of written permits by the water commissioner, the. utilities bookkeeper and cashier or .other agent of said commissioner,. upon written application for water . service, upon blanks to be.supplied by said city for that purpose. For eaohpermit isSuedapplioant 61' his agent shall pay wa,tercommissioner a fee of One Dollar ($1. 00) .whioh shall cover the entire cost of all plumbing inspecti and the issuance of certificates of satisfactory inspection on the water job. The application must state truly and fully for what .purpose and all uses to. which the water is to be applied and no different oraddi tionaluse will be allowed exqept 'by permission of the water commissioner. Not more than one house shall be supplied from one tap except by special permission. Sec. 3. WATER, . WHEN TURNED ON.- Water will not be turned in . any house or private service pipe except upon the order of the water commissioner or his duly authorized agent. Plumbers are 'strictly prohibited from turning the water into any ,service pipe, except on the order o'r permission of the water commissioner or his duly autho.rized agent. Thisl'ule shall not be con.strued toP!' e- ,vent any plumber admitting water to test pipes, and for that purpose only. No person, except the water commissioner,or his agent, shall by any device turn on water for use on any prßmlses after the same shall have been shut off for non-payment of :bills or for any other cause. ' Sec. 4. WATER NOT TO BE SUPPLIED TO OTHER FAMILIES BY CON- BTIMER! Nn 'll'fT'R'I'w'Wl:? AT!!,'W'C^'T'TI"I~T 1ITT.IJ!Ul"ln'" ,.",..c<"".Tm,u"'" """",,.,.; """......."......^-....... s ,.. 0 RDINA NCER ECORD , '; , , Compiled by George R. Mann. Lawyer, Lincoln, Nebraska. 283'~ ',' ." , Sec.' 5. RESTRICTION'S ON WATER USE DDRINGFIRE.-, All persons using water shall keep the hydrant, hose, watercloset, urinalS, fountains,bath and'al1 other fÜ:tures alloted to their use' clOaed during fire, and shall be responsible for any damage or injury that may result to others from the improper use of said water. '~ ','; -,j ;i~ i ,,¡ Sec. .6. HOUSE BQILEBS, ..CON~'ImUOTION OF; CITY NOT A GUARANTOR OF CONTINUOUS SERVICE;>CONSUMER XEEPSSERVIOE AP~~RATUE FROM KREEZING.':' All house boilers shall be constructed with one, ormol'e air holes near the topóf the inlet pipe and suff1oientlystrong to pear the pressure o,fthe atmosphere under vacuum. Thestop c9qksand other appurtenances mu:st be, sufficiently, strong to pear thepreSBUI'e and runoff the wat.er in" the mains. Allpersons ta.ki);'lg water shall keep their own service pipes, stop cocks, stop boxes and apParatus ,in good repa!,r ,.andprot act them f'rom:(rostat thei:I.' own expense,andshall pre'iTerit all unnecessary waste of water. It is stipulated, by the city and water commissionertb.ät no claim shall be made against them, or either ofthem;byråa.soll of the breaking ofl311yservice cock~ or if from,any cau8~,the SUPP1.y ofwat er faHst" or 'from damage arising frbmshutt~Ag . off. . . water tQrepair mains, making connectionB~extEmsiolls, Ol'fofáriy , other purpose thatma.ybedeemed necessary, and the right is hereby reserved to cutoff the supply of water at any time, any permit granted to the contrary notwithstanding. j , , . ., ,¡ '~!I Sec. 7. WATER SERVICE, HOW SJ!:OURED AFTER CUT-OFF; FEE FOFi.. TDR.NING 0:&.- When the water has .'been turned off from any crøIí;3,1Ì1Ile:r he shall not turn it on, or permit itt obe turned on,' withotit the written consent of the water commissioner 01' his authorized agent. Whenever any water shall have been shut off by reason~of' thenon-:",payment of water rent, orirom any other violation of . this ordinance, the same shall not be turned on again until pay- ment has been. made of all rent due, or until theremöval of the cauSe for which the water was shut off,andthe further payment of One Dollar ($l.ÖO) to the city, in the discretion of the water commissioner, as a fee for turning the water on again. Sec. 8. WATER OOMMISSIONER, RIGHT TO ENTER PREMISES OFCON.i SDMER.- Everyone using the water system of this city shall permit the wate¡r commissioner or his duly authorized agent, at all bours' of the day between seven 0' clock A. M. and six 0' clock P.M. to ente.r his premises ,or buildings to examine the pipes and fixtures, and the manner in which the water is used, and. must ,at all times, frankly and without concealment, answer al;)' questions relative to consumption of water. . Sec. 9. HOSE REGULATIONS; LIMIT ON USE OF WATER.- No hoBeor toHetshal1 be used unless water is furnished through meter. The right is reserved to suspend the use of foJ,lntains and hose i.or sprinkling yards and gardens whenever. in the opinion of the water commissioner the public exigency may require. Sec. 10. SERVICE PIPE, SPECIFICATIONS; REPLACE1ŒNT FROM COMMEROIAL MAIN TO CURB BOI, CITY PAYS FOR MATER!~LS AND LABOR; REPLACEMENT BY CONSUMER FROM CURB BOX TO METER, CONSUMER 'PAYS, NOTIOE.- All service pipes from the point of u.nion with the commeI'c1almain to the meter shall be of cooper,ga].vanized cO1:rper bearing steel orgalv2,nized. wrought iron ofsuoh st'rAnltth ORIDIN ANiCE RECORD by ,Georgè R. Mann. Lawyer, Lincoln, Nebraska. FORM NO. '01 QUOZ FRT', CO.. ORD, NEB, insurancea.:nd¡ aftersa.idperiod shall have expired" all replace..... ments,andrepairsthereinshallbemade'at the expense of,thecit . Shoulda.ny àuchconsumerfail; neglect or;refuse,to talc8steps torepla.c8~his service pipe between ourbbox'and meter after immediâtenoticein writing to do so, suchservicepip(;ìrnay be Gut off at ,the curb cock until said service pipe is satistactoril repaired or until new ser¡a;¡:'icepipe :1S j.nstalled. AllpipEiS used for servi()eorsupply pipeS~0n,city pre>perty must beå.pproved by the superintendent of utilities. In specific cases said super 'intend,e>ñtmay require the laying of brelss, copper or clist iron water f'ferv:ttm pipe: Provided, if and whEn said pipe or pfpesare laid, city, àhall pay the difference beiiweenthe cost of copper bearing steet pipe and any of the aþoVEttYPf;jS of pipe so. required Sec. n. SAME, EXTRA LENGTH.,-,Everysupply or service pipe must be' Süffici ently waving" toia:l'low,.of not less than one foot extra length, and laid in sUch manner ELS to pr event rupture by settling. ' 8ec.12. SAME, DEPTH OFTRENCH.- All service pipe must be lai a minimum of five feet and not more than seven feet under the surface of the ground, unless otherwise ordered by the water commisSioner and in all cases be so protected as to prevent rupture by freezing. Sec. 13. PLUMBERS PUROHASE STANDARD EQUIPMENT FROMOITY; APPROVED FITTINGS CARRIED IN STOCK.~ All stop cocks, stop boxes, corporation cocks and goosenecks shall be supplied by the City of Blair through its utilities department to plumbers at cost for use of ~aid plumbers in constructing or repairing sewers for applicants ,_'or water service construction or-repair ,to insure the use of standard and approvedmaterials and in the interest of uniformity. The water committee and the public utilities. su:¡:er- intendent, acting in concert, shall select and adopt approved tings,. such as corporation cocks, lead goosenecks, stopcocks aervice boxes, that aretobe laidin.óity streets or alleys on othèr city prop-erty. Such fi ttings shall be purchased by utilities superintendent and shall be carried in stock for convenience of plumbers that are required to purchase the same. Sec. U. . STOP COCKS, WHERE PLACED; STOP BOXES.- Unless other- wise perJriìtted, stop cock,s shall be placed on the outside of the sidewalk line ata place to be~determin.ed by the wateroommission ere The stop box shall reach from the top of the groundtb the àtop cock and shall be so set ásto permit a stop key of Èluitablesize in order that the stop may be freely turned'óff and on. ' Sec. 15. STOP AND WASTE.- There shaUbs a stop and waste cock attached to every supply pipe back of the meter so as to admit of water being shut off in frosty weather. and the pipes and er being emptied. Sec. 16. SERVIOE PIPE EXCAVATIONsnfsTREETSjEARTH DEPOSITS FROM; SERVICE LINE DITCHES.- In making excavations1n streete or highways for the laying of service pipes or making repairs,th~ .. ,- planke or pavement, stones and earth removed must be deposited, in " ~~~~~- ...'--.L -", -.. - .' n ORDINANC>E..RECORD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. Sec. 17. SAME;iÈ,ARRIC.ADES AND LIGHTS.- No person shalllee,v.e any excavation made in' a s idewalk,. st reet, alley or highway OPen I3.t any time without barricade, and quring the night warning lights must be maintained at such excavation. ' , ' Sec. 18. SAME; EARTH RELAID, HOW; COMMEROIAL MAINS, NO TAPPING WHEN GROUND FROZEN, EXCEPT!ONS.- Afte¡r ser.vice pipes are laid,. .in filling the opening the, earth must be laid in lay-e:rS.~Pfj'nO~;(¡'I!IOI'.e' than nine inches in dêpth, . and each layershouldbethor¿'highly tamped or puddled. Thestreets,aidewalks and pavements. must~be restored to as good Qol1dition as previous to making excavation. All dirt, stones and rubbish must be . removed immediately after completion of the work. If an excavation in any street,a.lleyor highway shall be left open or unfinished for the spa.C)e of twenty... four hour 6, or if the work shall be improperly done, or if. the rubbish shall not be removed, the w8,ter commissioner shall have th right to finish or correct the work, a.nd the expenses inCUrred shall be charged to the cons\:nnerandshall be Paid by the plumber, drainlayeror otherperaon authorized by consumer to do the excavating work or by consumer before the water is turned on.. No main. shall be tapped or 'connections made when the ground~is frozen; except by special permission of the water commissioner. Sec. 19. CITY FURNISHES TAPPINGMAOHINES; PLUMBER INSTALLS WATER SERVICE: METER PITS, SPECIFIOATIONS;METER8~8ETHORIZONTALLY ON SWING OR OFFSET.- The applicant for water service shall pay at~timea.pplicat1on is made the quarterly minimum charge prorated a,S^t9>;t¡heday of the1!¡\larter on which application is made. Water service shall be brought from the commercial main in the street to and beyond applicant's property line by a duly licensed and b.önded plumber in the employ of and at the. expense of applicant. City furnishes tapping machine to plumbers free ofoharge. City charge consumer neither tap fee nor service deposit as a condition precødent to become a oon8.umerf:rom5.i~.s: waterworks system. All meter pits,'if meters are not set inbê.sements, shall be eon- structed on premises of applicant or consumer and shall be of such design as sanctioned and approved by the water commissioner; Provided, all meters shall be set in a horizontal position so that same may be easily read by water commissioner or his agents whether said meters be set in meter pit or in basement. Thewater commissioner shall, whenever it is inconvenient to make readings. 0 any meter, be empowêred to givecol1sumer ten days' notioe.in writing to reset said meter in a horizontal position, and., if ' éonsumer refuses or neglects to do so, then the water commissioner shall reset or cause to be reset said meter horizontally, and the expense thereof shall be charged to and paid by consumer as water rent. All meters shall be set on swing or offset and not in a straight line with the pipe. Sec. 20. WATER EXTENSION.; UN::tJPPLIED TERRITORY CONlmCT WITH CITY MAINS.- Extension of commercial lines or mains into \1!lsupplied area or areas wi thin the corporate limits, may be made by means of water extension districts, as provided by law by resolution of the mayor and, council: Provided, if premises of any applicant do not abut a street . where commercial main is laid or hereafter laid, and, if the creation of a water extension district be not fea,sible or practical, such applicant shall be supplied with service by connecting with the nearest rommercial main and, at his own expense bring the water service to his own 0 RDI NANCE R'E~CO RD by GeorgeR.Mann, Lawyer, Lincoln, Nebraska. . FORM NO. 101 QUIZ PRTO, CO"ORO, account of all water rents arid charges duefI'Om each cönsumerwith all debita and credits asi;he case may' 'be. Sec. 22. HYDRANTS, EXO~FT DRINKINGFOUNTAINS,FROHIBlTED IN . ST,REETS.,-No. hydrå.n~s, except for public drinking fountain, shall Yré'placed,withinthelimits~ofany street, and no drinking.fountai â'hal1 be erected for general use' Yib.ich.ha.sopeningsbywhioh it can be us.Efð, as- a source of. domestic supply: ...Þrovided,thee)Ì ty may pla.c-Ø,'fJ;:¡:,e"hydrants ai;suchpointsinstreetsand otbEfr public areasastb,e mayor and council deem necessary. . Sec. 23. METERS, TYPE; METER REPAIR; REPLACEMENT; SEALING OF; TESTING OF; FROZEN METERS,':' Hereafter al:J..water sel'viceconnected with the water plant and system of the City of Blair, Nebraska, shall have placed thereon a water meter ,of standard dt3siglland quality, furnished and set in place at the expense ofi;hecity. No person~other than the ,watercommissioher, his assistants, or a bonded and licensed plumber under the direction of the water commissioner, shall be allowed'to set meters, to tap commercial mains or make connections to the water service of' the city. All meters so set and installed will be kept in repair at the expense of the ci,ty unless the damage done was caused by the negligence or the wilful conduct or act of the consumer. When meters are entire ly worn out they will 'be replaced by the, city. Hereafter all meters shall be sealed in three places, to-wit: Once' on 'the burr èonnection, on each side, and on the co'ver of the registering dial; and ,no person shall deface, injure o,r break said ,seal 'unless authorized~t0 do so by said water oommissioner.All water meters may be tested at the expenSe of the city any reasonable number of times. If conSumer permits the meter furnished him by the 01 tyto, become frozen so that it must be repalreC1,ci ty will re- pair sa.me.when the meter is delivered to the city repair shop by a licensed, and bonded plum'ber at expense of consumer and will bill and, collect the cost .of such meter repair from consumer in cash, before meter. is returned to consumer; or his plumber. Sec. ,24., WATER RATES; MINIMUM CHAR(lES;METERSfWHEN R];~AP; BILLS, HOW RENDERED; SAME, RENTS, WHEN DUE;J'(HEN DELIN~UENT; SERVICE W~ENSUTOFF FOR NON-PAYMENT; NON~RESIDENT CONSUMERS; TEMPORAR"l:USERS.- The following is esta'blfshed as a tariff of water rates net cash, no discount, to resident consumersf!t'om the waterworks system of the City of Blair, Nebraska, based on quarterly consumption: . Minimum Charge Payable in advance, $1. 50, for which 300' cubic feet of water, fraction thereof is all@wed anq furnished. Water Rates Next 1,000 cu. Next 1,000 cu. Next 1,000 cu. Next 50,000 ou. Over 53,300 cu. ft. , 22c ft.,aOc ft. , 18c ft.,16c ft.,l(])c per 100 per 100 per 100 per 100 per 100 au. ft. cu. ft. cu. ft. cu. ft. cu. ft. The total charge shall be determined as follows: Eaoh consumer shall first pay the minimum charge of $1. 50 for each quarterly ....",...4A" ~~ -...:1..-----. d_"' 1>_, .. ., - - - OR IJTNA N (JE}R ECO'RID Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. Meter Read1ngs-;Ðilling; Service Shut Off For Non--Payment All meters of consumers shall be read by the water commissioner, or his agent, between the eighteenth. day of the quarter during which water service is used and 'b11ef1rst day of thesucceed~ng quarter. The wateröommissioner, or~his duly authorized agents who are charged with the duty of reading water meters, 8ha11,a8 said water meters are read, deliver the same to the bookkeE:}pel'} and casbier of the water department who shall compute. and enter all charges on the books of water department. All bills for water service shall be due on the first day of the succeeding quarter, as aforesaid, and shall be payable at the Qffice of the said book- keeper and cashier in the city hall. If said water bills are not paid on orb8fo1'8. ten days after the same are due,. as aforesaid, the water service of the consumer may be shut off and shalFnot.be turned em. again until said bill l'1lld other charges, if any, due' said. city be paid, together with a fee of One Dollar ($1.00), in the discretion of t'b.ewater commissioner, for resumption öf servic The water commissioner may, whewever he deems it advisable or necessary, declare any water bill due at any timeà.nd proceed to ool.lect the same; and, in his diBcretion, he may require charges fQl' water service to be paid in advance. The quart erlYPeriods foroomputing water rentals shall commence on the first days of February, May, August and Novembi9rineach year. . Service Beyond Corporate Limits The City of Blair, Washington County, Nebraska, by resolution of its mayor and council, shall have authority to contract wi th any person, persons, firm. or cor]poration to sell water serviçe beyond its corporate limits, when in the judgment of the mayor and council, it is 'beneficial for the city to do so. The city shall. not incur any cost or expensé beyond its commercial mains in pro'Viding the means of such service. Suoh service shall not be instituted or continued except to the extent that-the facilities of the city for supplying water service are in exc~ssof~he requirements of the inhabitants of the city. For furnishing water service beyond its oorpora"he .limits subj eat to. the above conditiöns, said city will furnil~h water service, based on quarterly consumption, to such p(3rSOn, persons, firm or corporatio at such reasonable rates as the mayor and council shall from time to time by resolution fix. Flat RateB Prohi bi ted No flat rates for water servi(~e will be quoted or allowed. Discrimination ,No water service shall be furnished to any consumer onpre¡¡¡lses within the city under any other rate than is provided by this section. Temporary Users Persons, firms or corporationB,including other branches or agencies of the city government, desiring to use water temporarlly, may be required to pay such rates as the water commissioner with theaDDrova.1 of thf1 m~"n,.. "'11(11"('11111,.';1- ",11..11 -1';.". ORDINANCE RECORD FOAM NO. 10\ OU" PATO' PO.. 0"0. NEB. works system ofthisci ty any dirt, fil1;h, or impure substance, whatever, ox any substance or fluid by vvhichthe water shall be r'Emderedimpure,unpalatable, o~danger()usfor human or animal consumption. It shaUbe unlawful to lay water pipes in the same trench with sewer pipes. Any water pipf~. shall not be laid closer than ten. feet to any sewer pipe at any point measured horizontal- ly, and in any case where a water pipe ts. as close as ten feet to a sewer measuredhorizontålly,thewater pipe shall be placed at a higher elevation. No cesspool or privy shall. be constructed or suffered to remain at adista.nceless than two hundred feet ,from any city. well. . Sec. 21. LIABILITY OFCITY.- The City of Blair, Washington County, Nebraska, shall in no manner be liable for any damages c¡:¡.used by shutting off the supply .of wa1¡er of any consumer while the system or any part thereof is undergoing repairs, or. caused by the freezing of the maih or the breaking of any pipe or ser",ice cock, or by'a shortage of water due to accident, to circumstances over which the city has no control, or an a(jt of God. Seo.28. DELINQUENT RENTS A LIEN.- If said consumer shall for any reason order the servioe disoont inuEld, or s11all remove from the premises, or for any reason Shall be indebted to said oi ty for water service furnished, such amount du e under the, terms of this cha.pter, together with anf rentanc1l charges in arrears shall be considered as delinquent water rent, which is hereby declared tc) be a lien upon the premises or real estate for which or upon { which the same was used or suppli ed, and upon the refusal of said consumer to pay said delinquent water rEints, they shall be collect d by being placed upon the assessment roll'and tax books for colleo- tion, like other taxes, as in the next slueceeding section provided Seo.29. SAME, STEP$TOSATISFY; OERTIFICATION TO THE COUNTY OLERK.- All accounts due from water oonelumers for water rents shal be a lien upon the premises or real esteLte upon which or for which the SBJ!le was used or supplied from and ELf tel' the time said amounts becoming due for water rent, as hereinbElfore provided, are delin- quent and from and after the date the owner shall have beennoti- fied in writing of such delinquency by said city: Provided, the. water commissioner shall notify in writing or cause to be notified . in wri ting, all owners of premises or their agents whenever the t,ehants or lessees of premises are sixt.y'days delinquent in pay.... ment of water rent. It shall be the duty of the city clerk on the first day of June of ~ach year to report to the oouncila list of all, unpaid aooounts due~ for water together with a description of the premises or real estate, upon or for which the same was used or supplied. Said report shall be examined and if approved by the council, shall be certified by the city clerk to the county clerk ~ Washington County, Nebraska, giving the amounts due and the description of the premises or real estate upon or for which water from the waterw'Orkssystem of this: city was used or supplied, the same to be oollected a8 other taxes, by the county tre~surer .of,saidoounty. 8eo. 30. PUBLIC FIRE HYDRANTS.- All hydrants erected by said city for the purpose of extinguishing fi.re are hereby declared to be public hydrants, and nope:rson or persons other than members of the fire department in the aètive discharge of their duties a8 such, or the .water commissioner. or RnmA nAT'~r\T\ "'l'.+'i nO" tÌ; ...""..+1" a RDINA N(:;E~ R E C O.RD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. Sec. :31. LEAKAGE REPORTED.- It shall be the duty of the chief of police, or any other person acting with police author- ity, to report to the water commissioner all caseeof leakage water, or waste of the same, and all violations 6ft his or any oth.er ordtnance relating to the water system of the~saidcity coming to their knowledge, and they shall enforce the observance of. said ordinances sofaI' as they have authority so to do. 17-528 C. S. N., 1929; 18-1501, C. S. Supp., 1937. .. Sec. 32. METER TAMFERING; PLUMB!NG REGULATIONS, STANDAWOF EFFICIENCY; METER :REPAIR, . OITY KMPLOYEESONLY.- His hereby de.clared unlawful for~any. per SOIl, firm or corporation .totamper with any water meter or by means of any contrivance or device to divert the water from the service pipe so that the same will~not pasS through saidmeterlD1' while passing through said meter. to cauae the same to register inaccurately, to lnstallanypltm1bing, water service or sewer connections, or to install plumbing in conneotion with the dealing in or selling of plumbing material or supplies within the corporate limits of this. city unless such plumbing, water service or ,sewer connection shall be installed st.rictly in accordance with the provisions included in Hoo~er' 8 Oole, together with subsequent amendments thereto, which ther.€I- after shall be co:risidereð prima facie evidence of most approved plumbing, sewer and water service !'Ie thods of 0) nstruction and installation; ànd said rules and regulations are incorporated in and made a .part of. this section" according to law, the same as though they were spread at l8,rgEf herein. It shall be unlawful for any person other than an employee of the City of Blair, Nebr~ aska, to alter or repair any water meter or part thereof. ' Sec. 33. VIOLATION, PENALTY..- Any person violating any o.f the provisions.of this chapter, inj\.tring waterworks property or any owner, agent, architect, drainléLyer,plumber, contractor, super- intendent or other person failing, neglecting, omitting, resisting or refusing to comply wi tbany of the provisions, conditions, terms, rules, regule.tions or requirements of this chapter shall, upon conviction thereof, be fined in any sum not less than. Ten Dollars ($lO.OO),normpre-than One Hundred Dollars ($100.00) for 'each offense, and, in default of payment. thereof, shall be ad- judged to stand commi tted to -the city jail;. unt 11 such fine and costs of prosecution be paid, sElcured or otherwise discharged according to law. . . Sec. 34. REPEAL OF PRIOR ORQINANCES IN CONFLICT.- All ordi- nances and parts of ordinances passed and approved prior to the passage and approve.l of thi s orcHnance and in conflict therewith are hereby repealed. Sec. 35. WHEN OPERATIVE .- '1'his ordinance shall be in full force and take effect from and after its passage, approval and publication according to law. Passed and approved August 24, 1939. rJ'~/~ 'P. (1. ~()'RW1lTR1i'.1\L M"",.,.".. ØRDINAiNCE. RECORD by George R. Mann. Lawyer. Linçoln, Nebraska. FOOM NO. 10' OUIZ 'OTO< CO.. 00.. NE. OR DINA N(}ER ECORID Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. FORM NO "4-0, OUIZ PRTO, 00. FIRST FlEADING The Mayqr then instructed the Clerk to read by title Ordinance No. 551 "Chapter2~ , of ,the MunicipalC§de«):f' , the City of ,Blair ,Nebraska., TheCler,kth,e:.rØUpOIl read the aforesaid Ordinance No. ~551 , Chapter' 2$"bYit1tle upon.its first reading. Whereupon CounoilmanC. M,.~Ohr1stenÊltiln moved that said Ordinance No. 551. " ,Chapter 2g,beapprovedoIl its first reading and its title agreed to. Oounol1manDeweyHölsteln seconded this motion.. Whereupon (~öunollma.nEmmett Rouhds called for the question. The Mayor put the question and instructed the Clerk to, call the roll for the vote thereon. The Clerk called the roll and the following., was the vote. on this motion,: Yeas: CHRISTENSEN', HOLSTEIN, HOUNDS, HANSEN, ,PAULSEN, McCOMi3, , KUHR, HUNDAHL Nays: None. Motion: Carried. Whereupon the Ordinance No. 551 , Chapter 2g and its title agreed to. Mayor declared said , approved on its firsr reading SUSPENSION OF RULES Whereupon it was moved by eouno11man John E. Hansen and seconded byCounoilman Alfred Paulsen that the statutory rules in regard to the passage and adoptioIl of orÇ!inances be suspended so that said ordinance might be introduced, read, approved and passed at the same meeting. Councilman C. E. MoOomb called for the question. The Mayor put the question and instructed the Clerk to call the roll for th,e vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HANSEN, PAULSEN, MoCOMB, KUHR, HUNDAHL, CHRISTENSEN, HOLSTEIN, 'ROUNDS Nays: None. Motion: Carried. Whereupon the Mayor declared the statutory rules in regard to the passage and approval of ordi- nances suspended so that Ordinance No. 551 , Chapter 2g , might be read by title the first and second times, and at large the third time with the "Yeas" and "Nays" each time called and recorded, approved and passed at the same meeting. SECOND HEADING Ordinance No. 551 , Chapter 2g , now comes on ,for second reading. The Mayor instructed the Clerk to read, said Ordinance No. 551 , Chapter 2g , by title upon its second reading. The Clerk then read said Ordinance No. 551 , Chapter2g , by title Upon its second reading. Whereupon Couno1lma.nMart1nKuhr moved that ,said Ordinance No. 551 ,Chapter 2g , be approved upon its second reading and its title agreed to. Counoilman C. M. Ohristensen seconded this, mOtion. Whereupon Oounoilman K.P. Hundahl called for,the question. The Mayor put the question and instructed the Clerk to call ,the roll for the vote thereon. Th€~ Clerk called the roll and the fOlll'\lITinO' "">~ +hn ..~+- -~ ~'.' 2 ORDINANCE R"E~CO RD C"mpiled by George,RoMann, LaWyer,'Llncoln, Nebraska. FOAM NO 124-5' OUO< 'ATG, CO" OAD NEe THIRD READING Said Ordinance No. 551 ,Chapter28i ; nðW comes on for third readìng. - The Mayor instructed the Clerk to read said Ordinance No. 551 ,Chapter 2e1 , 'at larg~upon its third reading. The Clerk read said Ordinance No. 551 , Chapter 2g ,at large upon its third' reading. Whereupon Clounoilman ,D~weyHol~tein moved that said Ordinance No. 551, Chapter 2111 - -, be apPr'oved-on its third re8dìng' ar¡.d its title agreed to. Oo'til,no1lman Emmett~Rounds seconded t:b:i..Sîtiption. whereupon 'CounollD!lan> John E~Haneen:alled for the questi~'n. ,The )¡lay 0 I' put the question arid instructed the Cle:r-k to òø.l~ the roll for the vote thereon. The Clerk' called the roll arid the following was the vote cn this motion: , Yeas: HOLSTEIN, ROUNDS,IIANSEN, PAULSIEN, KURR, HUNDAHL, ORRr STEMSEN, MoCOMB Nays: None. - Motion: Carried. Ordinance No. 551 reading and its title Whereupon the , Chapter 2e1 agreed to. Mayor declared said , approved on its third FINAL PASSAGE The Mayor declared said Ordinance No. 551 ,Chapter 2e1 of the Municipal Code of the City of Blair Nebraska, having been read by title the f'irst and second times and at large the third time, the rules having been suspended., and tl1e "Yeas" and "Nays" having been called and recorded four times, and each time duly approved and its title, agreed to, the question is' "Shall said Ordinance No. 551 , Chapter 2111, of the Municipal Code of the City of Blair , Nebraska, finally pass?" Counellman Alfred Paulsen calle-dforthe,question. The. Mãyor put the question and instructed the, Clerk to call the roll for the vote. thereon. The Clerk called the roll and the following was the vote on this motion: Yeas : PAULSEN, McCOMB,QHRISTENSEN, ROUNDS,HOLSTEIN, HANSEN, KUHR, HUNDAHL Nays: None. Motion:,' Carried. All members having voted On the final ~assage of said Ordinance No. 551 Mayor declared said Ordinance No. 551- passed and adopted as an ordinance of the Blair, Nebraska. the affirmative ,Chapter 2g , Chapter 2g City , of APPROVAL Whereupon the Mayor app eyed said Ordinance No. 55:!- Chapter 2g , of the Municipal Code of the City of Blair Nebraska, by subscribing his. name thereto, and the Clerk attested said signature of the" Mayor by subscribing his name thereto and affixing tl1ereon the seal of the Cit" of Blair Nebraska. The abo\iJe proceedings of the Mayor of this city with reference t~ the had cn the 24th day of Augu at and Counoi1 ordinance aforesaid, were , 1939 . 'DHuTT.....mT"U ORDIN~ANCE >RECORD Coln.piled by George R. Mann,Lawyer, Lincoln, Nebraska. FOR" NO ",-.. AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA 1 (SS. WASHINGTON COUNTY. J I, JOHN A. RHOAD1!:S , of' lawf'ulage . being f irstdttly sworn on oath, say that I am the. owner and publisher of The Enterprl se .. , a printing and. publishing.com- pany in the City of Bld r , insaic.i çountyarid state; that the foregoing Chapter 2ð , includedihOrdinapce No. 551 ,of the lIJ~ty of. Blair Wa sþ.iJ'igt on County,. Nebraska, was by ~ T'heEnterprise ; printed and published in pamphlet form in said City of Blair, in pursuance of the statutes of thø State of Nebraska and the.. ordi.. nancesof said City of Blair , Nebraska, in such case:=¡ .made and provided, and by order~ and under authority of the Mayor. and Sciuno!l of Blair Washington County ,Nebraska. as shown by the following reso- lution passed by i tssaid Mayor and COU no 11. August 24 , 1939 : "BE IT RESOLVED BY THE MAYOR OF THE CITY OF BLAIR AND COUNCIL , NEBRASKA: 1. That the 01111 Clerk .be and he is hereby instructed to Cause Ordinance No. 551 , a General Revision Ordinance which em.... braces all ordinances ..of said oi t;~1' of a general and permanent nature divided into 2ð Chapters with the several sections there- under, to be published in book or pamphlet form under the direction of George R. Mann, Lawyer, 514 Fedøral Securities Building, Lincoln, Nebraska. - ___---c2~ -~_.__m__- --------U-U-m---_- .-Ooh---__- - ~t2J.... ~ iI1tœrx'IxJ):f x % JtV[~ P. C. SORENSEN, Mayor. Attest: ììi'if~'~LOm~~(cit y:iCi~;k . (SEAL) Introduced by Councilman John E. Hanseri; Adopted August 24 Aug1í at 24 , 1939. - 19 1Q_" . Approved ORDINANCE RECORD .FORM NO, "..SA O"" PRTO. CO.. ORO. NEO. CERTIFICATE OF PASSAGE STATE OF NE~1.}ðSKA . OF'ASHI NGTON 1 [ SSe OF BLAIR It HENRY CHRISTENSEN auy City' Clerk of the Blair Washington County, Nebraska, hereby the annexed ordinance, purporting to be Chapter,2g Code of this 01 ty and embraced in Ordinance 551 of said 01 ty , a General Revision Ordinance which includes all the ordinances of this city , of a general and permanent nature arranged in Chapters and Sections, was passed as such by the Mayor and Counoil , of the 01ty of Blair , Washington County, Nebraska, pursuant to the rules and regulations prescribed by general law and by said Mayor and aOU~Oll for the passage of ordinances, duly approved bit the Mayor of said city said passage and approval having been made on the 24th day of , 19 39, with respect to said Chapter af'oresaid a part of Ordinance No. 551 has bee.npublished in pamphlet form by aufhori ty of the Mayor and Counoil said oity and has been distributed by said city Under direction' ðf its duly constituted authorities pursuant to resolution of the Mayor thereof. Counoil and IN WITNESS WHEREOF, I have hereunto affixed my hand and seal of of 0 RIDINiÂ. N CE/R E CORm ORDINANCE No. 551 ,~ Introduétion of Ordinance No. 551 Municipal Code of the City of . .~DII:II:1bt Blair And the matter now coming biefore the Maypr was the passage and a.ppl'oval of . of the Municipal Code Of the aitY' . Nebraska. This ordinance Christensen . and is in ~ Blair Oounollman C. M. fO 11 ows ..t a-wi t : GENERAL REVISION ORDINANCE ORDINANCE NO. 551 An ordinance r.ev! sing,> <coIl ect lng, classifying, dividing intocb.ap ters andsectionsandre-~enacting all the ordinances of a>gen- era1 and permanent nature of 'theOtty of Blair, NebraSkatin force and effect at the date of passage and approval thereof; defining the chaptèrs .and sections herein contained; providing' the methods to be~fo1lowedin revising, altering or amending s.aid chapters or sections orl!ln,y of the duly enacted ordinances of said city; to repeal ordinB-nces numbered 51, 105, 122, 138, 147, 150,177, 200,201, 203,204, 205, 206, 207, 208, 211, 214, 216, 217, 218, 220, 221, 225, 234, 236, 238, 241,245, 245-1/2, 246,250,251,254,261, 262,277, 280, 281, 283, 284, 287, 290-1/2, 2$1. 293, 295, 302, :W8, 313, 314, 334,.335, 336, 340, 341, 348, 351, 353, 361, 362, 364,,368, 373, 377, 380,381, 383, 384, 385, 389,393, 403, 404,405, 406, 409,410,. 411,424, 431, 435, 437,438, .439,., 445, 448, 453, 455, 467,470, 473,.474, 481, 483, 484, 487, 489, 492,495,497,498, 502,503,> 504.,508, 510, 511, 515, 517, 518, 519, 522, 526, 529, 530, 531,532, 542 and all ordinances and p:¡.rts of ordinances in oonflictthere- with; prescribing the time whEm this ordinance shall be in full force and take effect; providtng penalties for the violation of the several chapters and sE~ctions thereof; and. providingf.úr the publication and distribut1.on of this revisionordinanoe. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF .BLAIR, NEBRASKA: 17-519, O. 8. N., 1929. Section 1. CLASSIFICATION. - 'J'hat the ordinances òf the Oi ty of. Blair, Nebraska, are hereby revised, classified into tw:enty- eight chapters B.nd the sections thereunder, which are~adopted anddeolaredto betheordinancesl of this city. Sec. 2. REPEAL OF PRIOR OBDINANCES IN CONFLICT. - Ordi nances numbered 51, 105, 122, 138, 147, 150, 177, 200,201,203,204,~205, 206, 207, 208, 211,214,216,217,218, 220, 221,225,234,236 238, 241, 245, 245-1/2, 246, 250,. 251, 254, 261, 262, 277,280, 281, 283, 284, 287, 290-1/2, 291, 293, 295,302, 308, 313,314, 334, 335, 336, 340, 341, 348, 351, 353, 361, 362, 364, 368, 373, 377, 380, 381, 383, 384, 385, 3891, 393,403, 404,405, 406,409, 410, 411, 424, 431, 435, 437,438, 439, 445, 448;<4.53, 455, 4q7., 470,473,474,.481,483,484,487,489,492,495,497,498,502, 503, 504, 508, 510, 511, 515, 517, 518, 519, 522, 526, 529.530. 531. !";~~- ¡:;A'j "~~ -" ---,., - ORDINANCE R.ECORD Lawyer, Lincoln, Nebraska. persons, firms or corporations. 5. Ordinances providing for the issuance of bonds or other instruments of indebtedness. 6. Any other ordinance which by natur.e would bt9 considered sPßcia,l. Sec. 3. SA~,EXCEPTIONS.-The repeal of ordina.nces as pro- V'ided in the preceding section hereof, shall not affect any rights acquired, fines,. penalties, forfai tuxes or Habili ties incurred thereunder, or actìons involving any of the provisions of said qrdinances and parts thereof. Said ordinances above repea.ledara hereby continued in force and effect af1jer the passage, approval publicat ion hereof for the purpose of all such rights,firies, penalties, forfeitures and liabilities and actions therefor. Sec. 4. DEFINING CHAPTERS AND SECTIONS; SUBSEQ,UENT ORDINANCE NUMBERING.- The chapters and sections as set forth herein shall be and hereby aredecls~red to be the chapters and sections to designate .Säid provi si ons ,and all ord inanceshereaftarpassed shall be~Ilumbered consecutively,. þeginning wi th No. 552.. . Sec. 5 VALIDITY. Eaoh chapter, each section and each sub- division ~of a section of this ordinance is herebY deolaredto be independent of every other~obapter, section or subdivision of a section so far as inducement for thepassl3.ge of this ordinance is concernedrand theinvalidltyofanyohapter,section or sub- divisi on of a section of this ~ordinance shalL not invalidate any other chapter, seot.ion or subdivision of asection.thereo:f. Sec. 6. BLANKET PENALTY.-.Any person, firm or corporation, their agents or servants,whOShall violate any of the provisions of the within municipal code.. ofordinances,ohapters, sections or subdivisions.of sections included herein, unless specifically otherwise provided herein, shaUbe deemedguil ty of misdemeanor, "-<and, upon cönviotion thereof, shall be f'inedin any sum not exceeding One Hundred Dollars ($100.00), and, in defaul.tof'pay- ment thereof,shaU be adjudged to stand committed tothe.city jail untiL Such .fine and costs of prosec:ution be paid, secured or. otherwise discharged according to law. Sec. 7. . MEANING OF PERSON; GENDER; . CIITY JAIL, MUNICIPAL CODE; OFIDINANCE,CHAPTER, WHOLESALE DEALER; SANITARY SEWER DISTRICT.- Whenever ~used in this municipal code, the word person shall in- clude natural persons, artificial persons ,such as corporations, co-partnerships, associations and all aggregate organi2:ations of whateveroharacter. All words used herein implying the masculine gender may apply to and include the feminine or neuter gender and all words. importing the plural may be applied to and mean a singlèperson, fir.m or thing, or vice versa; a:n words importing the singular number may be applied to me:an plural number. When..., eVer used in this municipal code the wordsoi ty jail may be construed to mean county j an: Provided, however, when so con- strued and said city shall exercise its right to use the j ail of the county for the confinement of such persons as may be liable to imprisonment under the ordinances of such city, it shall be liable to the County of Washington for the cost of keeping such prisoners. Munioipal code shall mean General Revision Ordinance No. 551. Ordinance and chapter are used synonymously unless from the context the contrary clearly appearEI. The words wholesale dealer shall embrace and include me,nufac:turers of any product who sell s¡<.id nT'I"IÒl1n+. +,., +1"" ^+-h^- ~------ ~,-- -_. -- - - - d ". r 0 RDTNA NCER E COReD Compiled by George R. Mann, Lawyer, Lincoln, Nebraska. Sec. 8. PURPOSE OF CATCH-HEADS AND CROSS-REFEREI\fCES.- The catch-heads and cross-references apPearing in connection wi th the foregoing chapters and sections are inserted simply-for comrenienc and~they shall be wholly disregå.rded by any person, officer,~cour.t or other tribunal inconstruing the terms and provisions of this municipal code. Sec. 9. TlME.- Whenever words fixing or importing time or hour of the day are used in this code, they shall be construed to mean Central Standard Time unless otherwise specifica.l1y provided. Sec. 10. CONSTRuction OF CHAPTER$ AND SECTIONS;AMENI)MENTS, REVISION.-For purposes of construction, each chapter contained and arranged in this. municipal code shall be considered a sep- ara.te and distinct ordinance grouped for convenienee under General Revision Ordinance No, 551 and each section a,ppearing in the several chapters Of said code shall be considered a separate and distinct unit of legislation germane to the chapter underwhioh i tis grouped. Any chapter and section duly enact,ed by the mayor and council of the City of Blair, Nebraska, and included in this code ,and any other independent ordinance, chapter, section or subsection of any ordinance duly enacted by the mayor and council of said city shall be altered, amended or revised only by the complete nullification and repeal of such ordinance, chapter, section or subsection and by the substitution of a new ordinance, chapter, Section or subsection containing the entire ordinance, chapter, section or subsection as amended, altered or revised, Sec. 11. PUBLIOATION ANDDISTRIBUTION.~ This ordinance shall be printed in pamphlet form under. the direction of the mayor and council, and shall be distributed as they m~y see fit. Sec. 12: WHEN OPERATIVE.- This ordinance shall be in full force and take effect from and: after i ts passage, approval and publication according to law. Passed and approved August 24, 1939. (/¿/~ ATTEST: P.C. SORENSEN, Mayor. Oi ty Clerk. (SEAL) ORDINANCE RECORD George R.Mann, Lawyer, Lincoln, Nebr...ka. FORM NO. lOt OU'ZPRTO.CO., ORa NEO. ~ I ORDINANC~E RECOR'D Compiled by George. R. Mann, Lawyer, Lincoln, Nebraska. FORM FIRST. READING The Mayor then instructed the Clerk to No.. 551 of the City of Blair thereupon read the aforesaid Ordinance first reading. . . Whereupon, Counc i:1.l11an "D~wey Holstein moved that said No. 551 be approved on its first readingånd 'its title CouncilmaniC .M. Christensen sec:onded this motion. Whereupon' Councilman Emmett R()l1nds called for~the The Mayor put the question and instructed the. Clerk~t0 roll for the vote thereon. The Clerk oalled the roll and the following was the vote on this m,)tion: . Yeas: ¡O&&DINtuiP!ST.11:NSEN, RÖUNDS, HANSEN,PAULS.a:N, Nays: N~ne.' ~ ., HUNDAHL. Motion: Carried. Whereupon the Mayor declared Ei3id Ordinance No. 551 on its first reading and its title agreed to. read by title Ordinance , Nebraska. The.Clerk No. 551 by title upon: it.s approved SUSPENSIO:N OF RULES Whereupon it was moved by Councilman Martin Kuhr and seconded by Councilman .Jopn E.}{aneen that the statutory rules inreg¡;trd to the passage and adoþtìonof ordinances be suspended so that said ordinance might be introduced, rEmd,approved and passedat<the same meeting. Councilman Alfred Paulsen calledfor,tb,e question. The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following Was the vote on this motion: . Yeas :fHfBH1ùÆANR~flhD~AULSEN, MoCOMB, HOLSTEIN, CHRISTENSEN, Nays: None.' , Motion: Carried. Whereupon the Mayor declared the statutory rules in regard to the. passage and approval of ordinances suspended so that .Ordi.. nance No. 551 might be read by title the first.ànd second times and at large the. thiì'dtime, with' the "yeas" and "nayS" eaqhtime called and rêcorde,d;' approved and passed at the same meeting. SECOND .READING Ordinance No. 551 , now coml~s on for second reading. The Mayor instructed the Clerk to rea,d said Ordinance NO. 551 ,by title upon its second reading. The Clerk then read said Ordinance No. 551 by title upon its second reading. Whereupon Counc ilmanMartin Kuhr moved that~said No. 551 be approved upon its second reading and its title to. Councilman K. P. Hundah1 seconded this mot Whereupon Councilman Emmett B.ounds called for. the question. The. Mayor put the questioll and instructed the Clark to call the roll for the vot.P. t.nA,.."",... "'¡..~ "'~-,- --,,~. .. ORDINANCE R.ECORD by George R,Mann. Lawyer, Lincoln. Nebraska, FORM NO. ,.. QUO< FRTO. CO., ORO. NEB THIRD READING Said Ordinance No. 551 now comes on for third reading. The Mayor instructed the Clerk to read said Ordinance No.. at large upon its third reading. The Cle]~kread said Ordinance ~o. 551 at large upon its third reading. Whereupon Councilman Dewey Holstein moved that said Ordinance No. 551 be approved on its third reading and its title agreed to. Councilman K. P. Hundahl seconded this motion. Whereupon Councilman a .M.ahri stenserl called for the question. The. Mayor put the question and instructed the Clerk to call. the roll f.o.rthe vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: HOLSTEIN, HUNDAHL,. OHRISTENSEN, ROUNDS, HANSEN, . Nays :t~g~~EN, MoOOMB, KUHR. Motion: Carried. Whereupqn the Mayor declared said Ordinance No. 551 on its third reading and its title agreed to. approved FINAL PASSAGE Whereupon the Mayor declared said Ordinance No. 551 of. the City of Blair , Nebraska, having been reEid, by title, 'the first and second times and .at large the. third time, therule.s having been suspended. and the "yeas" and "nays" having been called and recorded four times, and each time duly approved and its title agreed to, the question is "Shall said Ordinance No. of the City.of Blair , Nebraska, finally-pass?" Councilman Emmett Rounds called for the question. The Mayor put the question and instruct.ed ahe Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this motion: Yeas: ROUNDS, OHRISTENSEN, HOLSTEIN,H.AN:EJPffl, PAULSEN,MóOOMB, Nays :.IWo~. HUNDAHL. Motion: Carried. All members of the Council,having voted in the affirm- ative for the passage 'and approval of said Ordinance No. 551, the Mayor declared said Ordinance No. 551 duly passed and adopted as an ordinance of the City of Blair , Nebraska. APPROVAL Whereupon the Mayòr approved said Ordinance No. 551 of the City of Blair , Nebraska, by subscribing his name thereto, and the Clerk attested said signature of the Mayor by subscribing ..his name thereto and affixing thereon the seal of the City of Blair, Nebraska. The above proceedings of the Mayor and Coupcil of this city with reference to the ordinance aforesaid were had on the 24t~ day of August . 1939. ORDINAN(~E. RECORD Compiled by George R. Mann. Lawyer, Lincoln, Nebraska. , AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA WASHINGTON COUNTY ) ) SS ) I, Jahn A. :ijha!:ldes, of lawful age, belngfirstdUlysW()t'J:l on oath, sa.ythat lam Qwner and publlsherof'The Enterprlse,a pr1J.¡ting andpubl1shlng company lnthe.City of Blai1', in s~ld . county and state; that tb,e f'ollowingOrdlnanceNo. 551. of'~the, 01 ty of BId r. WashingtonOounty ,Nebraska, , wasbY<'TheEnterpr1E1e, pr1ntedandipubl1shed1npamphlet,f'orminSâid Cltyof' Blair, .' in'þursuanQe of the statutes of theSta:te af'Nebrask8.~and<the ordihanøesof' 'Sald City of Blair, in such oases madeandproV'lded, andþy Qrder' and under,authQ,rl ty ()ftheMayor andOounoll of the,' Cityòf Blair. 'WashingtonCountY,Nebraska, as shown by the,folló'l'l-- 1ngresolutlOn passed by its sa.1d'Mayorand Counoll.August21+. ' U": ' , "BE ITRESOL VED BY THE, MAYOR AND OOUNOILOF THECIITY OF ,'BLAIR. NEBRASKA: 1. That Henry Christensen. Clty Clerk. be and. he is hereby instruo,ted to cause, G,eneral Revislon Ordinance No. 551, whlçh embr,g,oes all ordlnanoesof sald. oity of a,generalandpermanent naturt) be publ1shed1n.book orpamphletfonn under the direction at George R.Ma,nn,Lawyer, ;14 Fecleral SeourltiesBullding, Lincoln, Nebraska. 11 ¿f£U/WAJ~ P. o. SORENSEN, Mayor. ATTEST: .~ RI STENSER.Ol tyClerk. ( SEAL) Introduoed by Councilman John E. Hansen; Adopted August 24 1939, Approved August 24,1939;" that said. ordinances sopr1nted WE~re del1vered to the City Olørk of ... said 01 ty Of Blair, Washington, County, Nebraska, for d1stribu- tionas prov1ded by law on the 18th day of September, 1939. (j~ 0 iPLL ORDINANCE. REe 0 RD FO"" NO. 'O, OUIZ '_TO. CO.. 0-0. NEO CERTIFIC'.ATEOF PASSAGE OF NEBRASKA OF . WASHINGTON ~ ) SS ) ) c.. - S. N., 1929. I, HENRYOHRISTENSEN, 01 ty OlerkoftheO1tyofiBlalr, Wø.shlngton - County, Nebraska, hereby oar'tHythat the annexed ord1nanoe, p\u'portlng tobétheMunl0lplal Code~of th1solty and embraölng-qrcUnancéNo. 551 of sa1d oity, a General Rev1 s1Øn Ord1 nana~~wh1ch lnc1ude saIl... thai 0 rd1 naJ~oes()f thl s ... citY~0fia generaland,\perma.p.entnatU,re-arranged .11:1. chapters, artlo1es~and seotlons,."as'pàs~~d as suohby<the May()ra,rtd, Council of the 01 ty ofBlå.1r,Wal3hington-._coûrity " Nebralilka.-"-"'pursuant. to/the I'Ules artd.regulations prescrj,.bedby gen.~railaw and bysa,id oounollforthe passage of ord1nanoes,and< was duly approved by . the Mayorofsaldolty, sald passage and approval havlngbeen made on the 21st, 22nd, 23rdand24th day'sofAugust, 1939,<wlth to Ordinance No. 551 and eaohohapter separately there- ' that- saHi. OrdinancéNo. 551 has'- been publ1shed 1n pam... form..by authority of the Mayor ane:!. Oounci1 of said city - beel1 distr1buted bysa1dé1'ty underd1rection ot1ts constituted au thor1 ties pursuant tcD resolution of the andClounol1 thereof'. IMWITN~SS WHEREOF! have hereunto affixed my ha~d seal this, elghteenthday of September, 1939. .~~~~ IIÈI1Ø11RI STn!SEN.O1ty <];Zr,., ( SEAL) ORDINANC~E -RECORD GeorgeR. Mann, Lawyer,' Lincoln. Nebraska. ADJOURNMENT There being no. further l)us!ness to. come before the Mø.yor and Council of theC! ty of Bla!r, Washington OountYt Nebraska, at this timet it Was moved by Councilman Alfred Paulsen and seconded by Councilman Martin Kuhr, that the Mayor and Council of the C1 ty of Blair, Washington.County, Nebraska, adjourn. Motion carried. ritw ~ HRI STENSEN, City Clerk ÄP PRO VED: {J~~ P. C. SORENSEN, Mayor.