LEGAL NOTICE
PROPOSED BY INITIATIVE PETITION
!Thla Act relates to cities and villages and
public electric light and power districts which
FOR own or operate electric light and power plants,
distribution systems and transmission lines.
It authorizes the extension of such linos and
systems for the purpose of serving farmers
□ and others living outside such cities and vil
AGAINST lagee and also authorizes the owners of such
plants to provide means for financing same.
A BILL
FOR AN ACT relating to CHtles and Villages, and public electric light
and power districts, which own or operate electric light and power
pianta, distribution systems and/or transmission lines; to authorize
the extension of such lines and systems for the purpose of serving
farmers and others living outside such cities and villages, and to
provide means of financing the same.
Be It Enacted By The People Of The State Of Nebraska!
Section 1. Any city, village, or public electric light and power
district, within the state, which may own or operate any electric light
and power plant, distribution system, and/or transmission lines may
extend the same beyond its boundaries, and for that purpose is hereby
authorized and empowered to construct, purchase, lease, or otherwise
acquire, and to maintain, improve, extend, and operate electric light
and power plants, distribution systems, and transmission lines, outside
of the boundaries of such city, village or public electric light and
power district, for such distance and over such territory within this
state as may be deemed expedient. In connection therewith any such
city, village, or public electric light and power district may enter into
contracts to furnish and sell electrical energy to any person, firm,
association, corporation, municipality or puh^jc electric light and power
district. No such construction, purchase, lease, acquisition, improve
ment, or extension of any such plant, distribution system and/or trans
mission lines without such boundaries, however, shall be made, except
upon the approval of the majority of the qualified electors of such
municipality or district voting upon such proposition at an election
called for that purpose.
Section 2. For the purpose of selling or purchasing electrical
energy tor lighting, heating or power purposes, any city, village, or
public electric light and power district may by contract connect and
interconnect its electrical light and power plant, distribution system
and/or transmission lines with the electric light and power plant, dis
tribution system and/or transmission lines of any other city, village, or
public electric light and power district, whenever authorized by a
majority of the qualified electors of each such municipality or district
voting upon such proposition at elections called for that purpose.
Section 8. Such construction, purchase, lease, acquisition, Im
provement or extension may be paid for by the issuance of bonds or
the levy of taxes as otherwise by law provided, or in lieu of any other
lawful methods or means of providing for the payment of indebtedness,
any city, village, or public electric light and power district within this
state, shall have the power and authority, by and through its govern
ing body or board of directors, whenever authorized by a majority of
the qualified electors voting upon such proposition at an election called
for that purpose, to provide for the payment of the cost or expense of
purchasing, constructing, extending, improving, or otherwise acquiring,
any property necessary or useful in the operation of any electric light
and power plant, distribution system, and/or transmission lines, by
pledging, assigning, or otherwise hypothecating, the net earnings or
proflta, of such electric light and power district, city, or village, derived
from the operation of such electric light and power plant, distribution
system and/or transmission lines.
PROPOSED BY INITIATIVE PETITION
Thin law (1) gives cities and towns owning
electric light and power plants the right, pro
vided cost is paid out of net earnings, to ex
l tend then lines beyond their border to serve
124 j_I FOR farmers and others, and (2) the right to pay
for power plants, etc. by pledging future earn
ings instead of by taxation, and (3) provides
that no publicly-owned plant may be sold
except upon approval of sixty percent of voters
325 (_| AGAINST and filing of statement of original cost, ete.
with Department of Public Works, and limits
amount of money which may be spent in cam
* paign for sale of plant
V
A BILL
FOR AN ACT relating to cities, villages, and public electric light
and power districts engaged in the generation, transmission, dis
tribution, purchase and/or sale of electrical energy for lighting,
f heating and power purposes; to provide for the extension, by any
city, village, or public electric light and power district of its
electric light and power plants, transmission lines and service out
side of the boundaries of such municipality or district; to provide
for interconnection of electric light and power plants, lines, sys
tems and service by and between cities, villages and public electric
light and power districts in this state; to authorize the pledging
or hypothecating of the net earnings and profits of publicly-owned
electric light and power plants, lines or systems, to pay for prop
erty necessary or useful in the operation of such plants, lines or
systems; to make certain requirements and restrictions concerning
the sale or alienation by cities, villages and public alectrie light
and power districts of electric light and power plants, lines and
systems to private persons, firms and corporations; to define
1 certain crimes in connection with such sale or alienation and
fixing the penalties therefor; and to make applicable to cities,
villages and public electric light and power districts, the general
provisions of law concerning private electric light and power
companies as to eminent domain, right-of-way and physical con
struction and maintenance of electric light and power plants, lines
and systems.
Be It Enacted By The People Of The State Of Nebraska:
Section 1. Any city, village, or public electric light and power
district within the state, which may own or operate, or hereafter ac
quire, or establish, any electric light and power plant, distribution
system, and/or transmission lines may, at the time of, or at any time
after such acquisition or establishment, extend the same beyond its
boundaries, and for that purpose is hereby authorized and empowered
to construct, purchase, lease, or otherwise acquire, and to maintain,
improve, extend, and operate electric light and power plants, distribu
tion systems and transmission lines, outside of the boundaries of such
city, village, or public electric light and power district, for such dis
tance and over such territory within this state as may be deemed ex
pedient In the exercise of the powers granted by this section any
such city, village, or public electric light and power district may enter
into contracts to furnish and s#ll electrical energy to any person, firm,
corporation, municipality, or public electric light and power
district No such construction, purchase, laass, acquisition, improve
ment, or extensiqp of any such additional plant distribution system
and/or transmission linos, however, shall be paid for except out of the
- earnings and profits of one or more or all of the electric light and
power plant*, distribution systems aad transmission lines, of such city,
village, or public electric light and power district The provisions of
♦>,„ p.t shall be deemed cumulative and the authority berein granted
to cities, villages and ptfbtlc electric light aad power districts, shall
not be limited or made inoperative by any existing statute.
Section 2. For the purpose of selling or purchasing electrical
energy for lighting, heating or power purposes, any city, village, or
public electric light and power district in this state is hereby suthorized
to enter into agreements to connect and interconnect its electric light
and power plant, distribution system and/or transmission lines with
the electric light and power plant, distribution system and/or trans
mission lines of any one or more other cities, villages, or public electric
light and power districts in this state, upon such terms and conditions
‘Kmt may be agreed upon between the contracting cities, villages and
L public power .districts.
Br
.. _ ■ „
‘i * Section 8. In Um of the Uauanee of bonds or tbs levy of t*XM
* M otherwise by law provided, and in Hen of any other lawfol methods
or means of providing for the payment of indebtedness, any city,
village, or public electric light and power district within this state shall
have ths power and authority, by and through its governing body or
board of directors, to provide for or to secure the payment of the cost
or expenses of purchasing, constructing, or otherwise acquiring, extend
ing and improving, any real or personal property necessary or useful
in its operation of any electric light and power plant, distribution
system, and/or transmission lines, by pledging, assigning, or otherwise
hypothecating, the net earnings or profits of such electric light and
power district, city, or village, derived, or to be derived, from the oper
ation of such electric light and power plant, distribution system, and/or
transmiaaion lines and, to that end, to enter into such contracts and to
issue such warrants.or debentures as may be proper to carry out the
provisions of this section.
Section 4. No sale, lease or transfer of any electric light or poweT
plant, distribution system, and/or transmission lines, by any city,
village, or public electric light and power district to any private person,
firm, association, or corporation, shall be valid unless such sale, lease
or transfer shall be authorized by a vote of not less than sixty per cent
of the qualified electors of such city, village, or public electrie light
and power district voting on auch proposition at a regularly called
election, and unless four months’ notice of said election to vote on such
proposed sale, lease, or transfer shall have been given by the governing
authorities of such municipality or public electric light and power dis
trict, as the case may be, by publication once every two weeks in one
or more newspapers of genoral circulation in such municipality or
public electric light and power district.
Section 5. In order to consummate and complete the sale, lease,
or transfer, of any electric light and power plant, distribution system,
or transmission line* by uny city, village, or public electric light and
power district of this state, to any private person, firm, associaton, or
corporation, there shall be filed in the office of the Department of Publie
Works of this state, prior to any delivery or change of possession,
control or management under such sale, lease, or transfer, true and
exact duplicate signed copies of all agreements, conveyances, contracts,
franchises, deeds, leases, bills of sale, and other instruments under
which sueh sale, lease, or transfer, is to be made. Said instruments
shall be certified to under the oath of the executive or presiding officers
of the seller and purchaser, respectively, as such true and exact dupli
cates. At the same time, and accompanying said documents and instru
ments of sale and transfer, there shall be filed with said Department
of Public Works a statement and report, in form and detail to be
approved by said Department and the Attorney General, clearly
setting forth the following facts and data, to-wit:
(a) The location and detailed description, including source and
methods of generation, of all the property involved in the sale, lease
or transfer.
(b) The dates of the construction, purchase, or other acquisition,
by such municipality, or public electric light and power district, of
such power plant, distribution system, and/or transmission lines, in
cluding all replacements, extensions, repairs and betterments, together
with a detailed statement of the actual cost.
(c) A detailed description of such parts of the utility to be sold
as between the time of acquisition thereof and the time of the sale
under consideration shall have become obsolete, or shall have been sold,
transferred, lost, destroyed, abandoned, or otherwise disposed of by
such municipality or public electric light and power district, and the
cost of such part of the utility including extensions or additions thereto.
(d) A complete schedule of the rates and charges made or levied
by such municipality or public electric light and power district for
electric current, and a full and complete statement shewing the financial
condition and the receipts and disbursements of municipality or
public power district in the operation of the utility during the preceding
thr«>p-TOar period, *nd a statement of the bonded indebtedness, if any,
of such municipality or public power district in connection with its
ownerifnfo or operation of the utility, including the amount of all
bonds isnied and paid.
Such statement and report shall be certified and sworn to as cor
rect by the presiding officer of the governing body of such municipality
or public electric light and power district, as the case may be, and shall
also have thereto attached the certificate and oath of the presiding
officer, or other duly authorized executive officer, of the purchaser,
under the seal of the purchaser, if a corporation, that the purchaser of
■aid utility has examined said statement and report, has investigated
the facts therein set forth, believes said statement and report to be
true and correct, and that the proposed purchase of said utility has
been made with reference to and in reliance upon the facts, situation,
and circumstances, set forth in said statement and report. The filing
of said instruments and said statement and report, certified as herein
required, is hereby made a condition precedent to the validity of any
such sale, lease, or transfer.
Section 6. Whoever shall make, utter or subscribe to any state
ment and report, or certificate, required under the provisions of the
last preceding section, knowing or having reason to believe that any
such statement and report, or certificate, is false, shall be guilty of a
felony and upon conviction thereof, shall be fined not more than Five
Thousand Dollars or shall be imprisoned in the state penitentiary not
more than one year. Any instrument, statement and report, or certifi
cate filed with the Department of Public Works as provided for in this
Act, or certified copies thereof, shall be competent evidence in any
hearing or proceeding involving the valuation of the electric light and
power plant, distribution system, or transmission lines, covered by
■aid statement and report and certificate, for rate making purposes,
taxation, or in any other matter in which the facts and statements in
■uch instrument, statement and report, or certificate, may be involved
or drawn in question, and the purchaser thereof and hia, or its succes
sor, or assigns, shall be forever estopped to deny the facts set forth
in such instrument, statement and report, or certificate.
Section 7. No private person, firm, association or corporation
proposing to purchase, lease, or otherwise acquire any electric light
*n<f power plant, distribution system, or transmission lines, from any
city, village or public electric light and power district of this state,
nor any one on behalf or for the benefit of such proposed purchaser,
may, in order to promote or bring about such sale, lease, or transfer,
pay out, contribute, or expend, directly or indirectly, money or other
valuable thing in excess of three thousand dollars nor, in any event,
ig excess of a ism, in number of dollars, greater than the number of
the qualified voters in such municipality, or public electric light and
power district, baaed on the total vote cast for governor at the last
general election. Any person, firm, or corporation, violating any pro
vision of this section shall be guilty of a felony and upon conviction
thereof shall be fined in a sum not exceeding ten thousand dollars or
■hall be imprisoned, if a person or persons, for not more than one year
in the penitentiary of the state, or shall be liable to both such fine and
imprisonment, in the discretion of the court. Any violation of this
section shall nullify and render wholly void any such proposed purchase,
lease or acquisition; provided, however, any action to set aside and
render invalid any such sale, lease, transfer or acquisition, under the
provisions of this section, shall be brought in the district court of the
county in which such municipality or public electric light and power
district, or a portion thereof, Is located, by one or more electors of such
municipality or public electric light and power district, or by such
municipality or district itself, or by the State of Nebraska, within
ninety days after the holding of the election at which the question
voted on shall have been submitted.
Section 8. Within ten days after any election upon the proposition
of the sale, lease or transfer of any electric light or power plant,
distribution system, and/or transmission lines, as provided by Section
4 of this Act, the person, firm, association, or corporation, proposing
to make or secure such purchase, lease, or transfer shall file with the
Secretary of State a sworn statement, in form and detail to be ap
proved by the Attorney General, showing all expenditures made and
all obligations incurred by such proposed purchaser, directly or in
directly, in connection with or pertaining to such proposed sale, lease,
or transfer and in connection with or pertaining to such election. Any
person, firm, association, or corporation who shall fail or refuse to file
such statement or who shall subscribe to vuch statement, knowing the
same to be false, shall be guilty of a felony and upon conviction thereof
shall be fined in a sum not exceeding ten thousand dollars or shall be
imprisoned, if a person or persons, for not mpre than one year in the
stgte penitentiary, or shall be liable to both such fine and imprisonment
in the discretion of the court.
Section 9. All provisions of law now applicable to electric light
and power corporations as regards the exercise <4 the power of
eminent domain, the use and occupation of the public highways an..1
the manner or method of c -nstruction and physical operation of plants
I
• ' • O » ,1
* systems sad transmission Bast shall b« applicable, as nearly as may
! be, to municipalities and public electric light and power districts hi
their exercise of the powers and functions and in their performance of
the duties conferred or imposed upon them under the provision* of this
Act.
PROPOSED BY INITIATIVE PETITION
This is an Act relating to cities, villages,
and public electric light and power districts
□ which own or operate electric light and power
FOR plants, distribution systems and/or transmis
sion lines; prohibiting the sale of such plants,
systems, or lines, except for cash, and unless
authorized by a vote of the electors; regulating
□ such election; forbidding the giving or receiv
AGAINST ing of anything of value in connection with
such sale or purchase for such plants, systems
or lines, and to fix a penalty for violation
thereof.
A BILL
FOR AN ACT relating to cities, villages, and public electric light and
power districts which own or operate electric light and power
plants, distribution systems and/or transmission lines; prohibiting
the sale of such plants, systems, or lines, except for cash, and
unless authorized by a vote of the electors; regulating such elec
tion; forbidding the giving or receiving of anything of value in
connection with such sale or purchase for such plants, systems or
lines; and to fix a penalty for violation thereof.
Be It Enacted By The People Of The State Of Nebraska:
Section 1. No city, village or public electric light and power
district shall sell any electric light or power plant, distribution system,
and/or transmission lines, owned by such city, village, or public electric
light and power district, except for cash and unless such sale shall bo
authorized by a vote of the majority of the qualified electors of such
dty, village or public electric light and power district voting on such
proposition at an election called for that purpose, and unless four
weeks' notice of said election to vote on such proposed sale shall have
been given by the governing authorities of such municipality or public
electric light and power district, as the case may be, by publication once
each week in one or more newspapers of general circulation in such
municipality or public electric lfght and power district.
Section 2. In connection with the purchase of any equipment,
material or supplies or the sale, lease, or transfer of any electric light
and power plant, distribution system, or transmission lines, by any
dty, village, or public electric light and power district, no officer or
employee of any city, village or public electric light and power district,
shall take, demand or receive, and no person, firm, or corporation, shall
offer pay or give to such officer or employee, directly or indirectly, any
gratuity, bonus, commission, emolument, money, or other valuable
consideration, in order to promote or bring about such purchase, sale,
lease, or transfer.
Any person, firm or corporation violating this section shall be
guilty of a felony and upon conviction thereof shall be fined in a sum
not exceeding Ten Thousand Dollars or be imprisoned, if a person or
persons, for not more than one year in the penitentiary of the state,
or both such fine and imprisonment in the discretion of the court.
MISCELLANEOUS
Dressmaking.—Clara Aim.
Farm Loans see R. H. Parker. 49tf
Violin Students wanted.—Gerald
ine Davies, phone 366. 4tf
KODAKS, FILMS, KODAK FINISH
ing.—W. B. Gaaves. O’Neill, 30-tf
Shoe hospital. Honest goods and
square dealing. L. L. Cornell. 6tf.
Furnished Rooms for rent for light
housekeeping.—Mrs. Ella Riley. 9tf
Stewart-Warner Radios. Come in
and hear them.—W. B. Graves. 28tf
I have private money to loan on
choice farms. See R. H. Parker,
O’Neill, Nebraska. 27-tf
Lost: Swiss wrist watch with a
white gold wristlet. Reward.—Gert
rude Bauman. 10-2
I
Head-ache, blurring,
weak or watery eyes,
styes, etc., indicate a
need of correct glass
es. See Perrigo Optical Co., at the
Chambers Hotel August 5; Golden
Hotel, O’Neill, August 6th. 10-lt
The Federal Land Bank of Omaha
announces that they are anxious to
secure farm loans at this time. All
those desirir.? a loan, call on Jas. F.
O’Donnell, Secretary, and submit an
application. 35
Dr. A. E. Gadbois, Eye, Ear, Nose
and Throat Specialist, of Norfolk,
Nebraska, will be at the office of Dr.
L. A. Carter in O’Neill, Wednesday,
August 13th. Those wishing to con
sult him, should see Dr. Carter. 10-2
BOYS WANTED
Will take several boys to board and
room during the coming school year.
—Mrs. E. D. Henry. tf
FOR SALE
For Sale: Three flue cutters; have
never been used.—Mrs. E. D. Henry.
For Sale: An extra good baby
buggy.—Mrs. Ed Williams. 9-2t
Ear corn for sale.—Bazelman Lum
ber Co. 6-tf
For Sale: Home Comfort Range,
nearly new.—Carrie N. Gibson, Op
portunity, Neb. 48tf
RABBITS FOR SALE
A few good gray does, bred or
open; reasonable; also young does
and bucks; visitors welcome any
time.—Mitchell Rabbitry, O’Neill. 41f
FOR RENT
House for rent, modern except
heat.—Mary G. Horiskey. _6-tf
BOOK EXCHANGE.
Buy one book at 76c, read it and
bring it baek and exchange it for
another for 10c.
27-tf W. B. GRAVES.
(First publication July 24, 1930)
NOTICE TO CREDITORS
Estate Ne. 2168.
In the County Court of Holt Coun
ty, Nebraska, July 22nd, 1930.
In the matter of the Estate of Jos
eph L. Witherwax, Deceased.
Creditors of said estate are hereby
notified that the time limited for pre
senting claims against said estate
is November 21st, 1930, and for the
payment of debts is June 26th, 1931
and that on August 21st, 1930, and
on November 22nd, 1930, at 10
o’clock A. M., each day, I will be at
the County Court Room in said
County to receive, examine, hear, al
low, or adjust all claims and objec
tions duly filed.
(County Court Seal.)
C. J. MALONE,
9-4t. County Judge
(First publication July 24, 1930)
NOTICE OF FINAL SETTLEMENT
In the County Court of Holt Coun
ty, Nebraska, July 23, 1930.
In the matter of the Estate of
Thomas V. Golden, Deceased.
All persons interested in said es
tate are hereby notified that the ad
ministratrix of said estate has filed
in said court her final report and a
petition for final settlement and dis
tribution of the residue of said es
tate and application to have deter
mined whether or not said estate is
subject to the payment of an inherit
ance tax; and that said application,
report and petition will be heard
August 13, 1930, at 10 o’clock A. M.,
at the County Court Room in O’Neill,
Nebraska, when all persons interest
ed may appear and be heard concern
ing said final report and the distri
bution of said estate, and whether or
not said estate is subject to the pay
ment of an inheritance tax, and the
Couny Judge at said time and place
will decree whether said estate is
subject to such tax, and assess the
amount of such tax if he shall deter
mine said estate is of sufficient value
to be subject to the payment of such
tax.
(County Court Seal.)
C. J. MALONE.
9-3t. County Judge
(First publication July 24, 1930)
NOTICE OF CHATTEL MORT
GAGE SALE
Notice is hereby given that by vir
tue of a certain chattel mortgage
dated the 2nd day of November, A.
D., 1929, and duly filed for record in
the office of the County Clerk of Holt
County, Nebraska, on November
fourth, 1929, and known in the rec
ords of said office as chattel mort
gage number 2944 and executed by
Mary C. O’Malley and Walter O’Mal
ley to The Nebraska State Bank of
O’Neill, Nebraska, and taken over by
Clarence G. Bliss, who is the duly
appointed, acting and qualified re
ceiver of and for the Nebraska State
Bank of O’Neill, Nebraska, w'hich
said chattel mortgage was executed
to secure the payment of Four Thou
sand Two Hundred Fourteen Dollars
and ten cents ($4,214.10), on all of
which there is a balanoe of Three
Thousand One Hundred Three Dol
lars and seventy-one cents ($3,103.71)
with interest and costs of sale, due
and unpaid, and default having been
made in the payment of said sum and
no suit or other proceedings at law
having been instituted to recover
said debt, or any part thereof, we
will sell the property described in
>aid chattel mortgage, to-wit:
One red white-faced cow with
horns; one black cow and calf; two
black white-faced heifers, 2 years
old; one iron grey mare; one black
mare, at public auction at the John
L. Quig place just south of the
Northwestern Railway Station at
O’Neill, Nebraska, on the lfith day of
August, A. D., 1930, at three o’clock
p. m. of said day for |ho purpose of
foreclosing said mortgage and satis
fying said indebtedness and cdsts of
sale.
CLARENCE G. BLISS,
Receiver of the Nebraska State
Bank of O’Neill, Nebraska. 9-4t
. •»... J
, i
