NOTICE OF A SPECIAL MEET
ING OF THE CITY COUNCIL OF
THE CITY OF O’NEILL,
NEBRASKA
NOTICE IS HEREBY GIVEN
that a Special Meeting of the City
Council of the City of O’Neill,
County of Holt, State of Nebraska,
will be held at the office of Emmet
A. Harmon in said City on the 12th
day of June, 1935, at 8 o’clock, p.
m.
The purpose of said meeting is
to consider the granting of an
electric franchise, street lighting
and pumping contracts to Inter
state Power Company of Nebraska.
Dated: June 12, 1935.
JOHN KERSENBROCK,
\ Mayor.
STATE OF NEBRASKA
CITY OF O’NEILL
CLERK’S CERTIFICATE OF
SERVICE
I, C. W. Porter, the duly elected,
qualified, and acting Clerk of the
City of O’Neill, County of Holt and
State of Nebraska, DO HEREBY
CERTIFY that I did on the 12th
day of June, 1935, serve a true and
correct copy of the attached “No
tice of Special Meeting of the City
Council of the City of O'Neill, Ne
braska,’’ upon each member of said
Council by delivering the same to
him personally or leaving the same
at his residence a sufficient length
of time to enable him to attend
said meeting.
IN WITNESS WHEREOF I have
hereunto set my hand and affixed
the seal of said City this 12th day
of June, 1935.
C. W. PORTER.
(SEAL) Clerk.
MINUTES OF A SPECIAL MEET
ING OF THE CITY COUNCIL OF
THE CITY OF O’NEILL.
NEBRASKA
A Special Meeting of the City
Council of the City of O’Neill, Holt
county, Nebraska, was held in the
office of Emmet A. Harmon in said
City of O’Neill, on the I2th day of
June, 1935, at 8 o’clock p. .n.
There were present:
John Kersenbrock, Mayor
W. H. Harty, Councilman
John P. Protivinsky, Gouncilman.
Thos. J. Brennan, Councilman
Norbert Uhl, Councilman
Levi Yantzi, Councilman,
constituting five-sixths of the mem
bers of the Council.
The Mayor, Mr. Kersenbrock,
called the meeting to order and
presided thereat, and the Clerk,
Mr. Porter, acted as Clerk of the
meeting.
The Mayor stated that the meet
ing had been duly called as a
I special meeting by written notice
signed by him and served by the
Clerk upon each member of the
Council personally or left at his
residence a sufficient length of
time before the meeting to enable
him to attend the same. A copy
of said notice with the Clerk’s Cer
tificate of Service thereto attached
was presented to the meeting and
ordered filed.
Ordinance No. 155-A was then
l introduced and read by title as fol
lows :
ELECTRIC FRANCHISE
ORDINANCE NO. 155-A
AN ORDINANCE OF THE CITY
OF O’NEILL. COUNTY OF HOLT,
STATE OF NEBRASKA, GRANT
ING TO INTERSTATE POWER
COMPANY OF NEBRASKA. ITS
SUCCESSORS AND ASSIGNS,
PERMISSION TO ERECT, IN
STALL. CONSTRUCT, RECON
STRUCT, REPAIR, OWN, OPER
ATE.MAINTAIN, MANAGE AND
CONTROLAN ELECTRIC PLANT
WITHIN THE CORPORATE LIM
ITS OF SAID CITY AND-OR AN
ELECTRIC DISTRIBUTION SYS
TEM, CONSISTING OF POLES,
WIRES, CONDUITS, PIPES, CON
DUCTORS ANiD OTHER FIX
TURES, IN, UNDER. OVER.
ALONG AND ACROSS THE
STREETS. LANES, AVENUES,
SIDEWALKS,ALLEYS. BRIDGES
AND PUBLIC GROUNDS OF
SAID CITY. FOR THE PURPOSE
OF PRODUCING AND-OR FUR
NISHING ELECTRIC ENERGY
FOR LIGHT, HEAT AND POW
ER PURPOSES TO SAID CITY
AND ITS INHABITANTS. FOR A
PERIOD OF TWENTY-FIVE (25)
YEARS FROM AND AFTER THE
PASSAGE. APPROVAL AND
PUBLICATION OF THIS ORD
INANCE ACCORDING TO LAW.
It was then moved and seconded
that the provisions of the Statutes
of Nebraska Requiring an Ordin
ance of the character of Ordinance
No. 155-A to be read on three dif
ferent dates, be dispensed with.
A roll call was had upon said mo
tion which resulted in the following
vote:
Ayes Noes
Yantzi
Brennan
Protivinsky
Harty
Uhl None
The Mayor stated that the mo
tion had been carried by at least
five-sixths of the members of the
Council.
Thereupon Ordinance No. 155-A
was read, again by title.
Ordinance No. 155-A wras then
read at large as follows:
ELECTRIC FRANCHISE
' ORDINANCE NO. 155-A
An Ordinance of the City of
O’Neill, County of Holt, State of
Nebraska, Granting to Interstate
Power Company of Nebraska, Its
Successors and Assigns. Permis
sion to Erect, Install. Construct,
Reconstruct, Repair, Own, Oper- j
ate, .Maintain. Manage and Con
trol An Electric Plant Within the
Corporate Limits of Said City and
or An Electric Distribution Sys
tem. Consisting of Poles, Wires,
a Conduits, Pipes, Conductors and
Other Fixtures, In, I'nder, Over,
Along and Across the Streets,
Lanes, Avenues. Sidewalks. Al
leys, Bridges and Public Ground -j
of Said City, For the Purpose of
Producing and-or Furnishing j
Electric Energy for Light, Heat
and Power Purposes To Said
City and Its Inhabitants, For A
Period of Twenty-Five (25) j
Years From and After the Pas
sage, Approval and Publication!
of This Ordinance According To
Law.
Be It Ordained By The Mayor And
Council of the City of O'Neill.
Nebraska:
Section I. That there is hereby
granted unto Interstate Power
Company of Nebraska, a Delaware
Corporation, its successors and as
signs, herein called the “grantee,"
the right, permission, privilege and
franchise, for a perioa of Twenty
five (25) years from and after the
taking effect of this Ordinance,
I subject only to the laws of the
State of Nebraska as now in force
or as rriay hereafter be in force
and to the conditions and limita
tions hereinafter contained, to
erect, install, construct, reconstruct,
repair, own, operate, maintain,
manage and control an electric
plant and-or an electric distribu
tion system consisting of poles,
wires, conduits, pipes, conductors
and other fixtures, within the lim
its of the Muncipality, necessary,
convenient or proper for the pro
duction, transmission, distribution
and delivery of electric energy to
said Muncipality and its inhabit
ants for light, heat and power pur
poses.
Section II. That said grantee,
its successors and assigns, is here
by granted the right-of-way in,
under, over, along and across the
streets, lanes, avenues, sidewalks,
alleys, bridges and public grounds
of said Municipality for the pur
pose of erecting, installing, con
structing, reconstructing, repair
ing, owning, operating, maintain
ing, managing and controlling said
electric plant and said electric dis
tribution system.
Section III. That said grantee
shall hold said Municipality free
and harmless of and from any and
all liability, damages, actions and
causes of action caused by or
through the neglect or mismanage
ment of the grantee in the erection,
installation, construction, recon
struction, repair, operation, main
tenance, management or control of
said electric plant and electric dis
tribution system.
Section IV. That said grantee
shall not, during the erection, in
stallation, construction, reconstruc
tion, repairing,operation and main
tenance of said plant or distribu
tion system, unnecessarily impede
public travel on the streets, lanes,
avenues, sidewalks, alleys, bridges
or public grounds of said Munici
pality, and shall leave all of said
streets, lanes, avenues, sidewalks,
alleys, bridges or public grounds
upon which it may enter for the
purposes herein authorized in as
good condition as they were at the
date of said entry.
Section V. That said Municipal
ity, by resolution of its governing
body, may, upon the written de
mand of any person whose dwelling
or place of business, located within
said Municipality, shall have been
wired for electric service, require
said grantee to extend its said
electric distribution system so as
to furnish electric energy to said
person, provided that said grantee
shall not be required to extend
said electric distribution system
farther than 150 feet for each 500
watts of connected load, and pro
vided further that said person de
manding such service shall enter
into the customary wri tten contract
with said grantee for the purchase
of electric energy for a period of
not less than one year.
Section VI. That any person de
siring to move any building or
other thing in, over, along or
across any of the streets, lanes,
avenues, sidewalks, alleys, bridges
or public grounds of said Munici
pality, whereby the poles, wires,
conduits, pipes, conductors or other
fixtures of said grantee, or their
use, shall or may be interfered
with, shall make written applica
tion therefor to said Municipality,
specifying in such application the
building or thing to be moved, the
proposed route to be followed and
the date for such moving which
shall be not less than five days
from the presentation of said ap
plication. If said application shall
be granted, the Muncipality shall
give said grantee notice thereof at
least five (5) days prior to the
date of said moving, and said
grantee shall thereupon, but at the
expense of said applicant, tempor
arily remove such poles, wires, con
duits, pipes, conductors or other
fixtures as may be necessary to al
low the passage of said building
or other thing, for a reasonable
length of time not exceeding five
(5) hours in any one day and be
tween the hours of 8 o’clock A. M.
and 3 o’clock P. M.; provided, how
ever, that said grantee shall not
be required to remove any such
poles, wires, conduits, pipes, con
ductors or other fixtures until the
applicant shall have delivered to
the grantee a bond in form and
with surety or sureties satisfactory
FOR SALE
One 10-ft. John-Deere
Tractor Binder
One 40-tooth John
Deere Hay Rake with
Truck
One 2-wheel
Side Hitch Sweep
One John-Deere
Tractor Mower
One 10-20 John-Deere
Tractor
All of this machinery
is in the yard at my
home in O’Neill.
See me or Roy Warner
Zeb Warner
fL tmrmmmammammummmnmmmmmmmmmmmammammmmKm mmu5
to it. or shall to the grantee give
satisfactory assurance, covering
the entire cost of the removal and
replacement of such poles, wires,
conduits, pipes, conductors or other
fixtures and any and all damage,
liability, action or cause of action
resulting therefrom.
Section VII. That the maximum
rates for electric energy charged
by said Grantee to consumers
located within said Municipality
shall be as follows:
RESIDENCE LIGHTING:
First 50 KWH per month at 8c
per KWH Net
Next 50 KWH per month at 5c
per KWH Net
Excess KWH per month at 3c per
KWH Net
Minimum—$1.00 Per Month.
The above rate is after a ten per
cent (10%) discount is allowed for
prompt payment.
COMMERCIAL LIGHTING:
First 100 KWH per month at 8c
per KWH Net
Next 100 KWH per month at 7c
per KWH Net
Next 350 KWH per month at 5c
per KWH Net
Over 350 KWH per month at 4c
per KWH Net
Minimum—$1.00 Per Month.
The above rate is after a ten
per cent (10% ) discount is allowed
for prompt payment.
OPTIONAL RATE:
First 40 KWH per month at
$3.20
Next 40 KWH per month at 4c
per KWH
Next 100 KWH per month at 3c
per KWH
Excess KWH per month at 2^c
per KWH
Minimum Monthly Bill:
For Residences—The amount at
which the first 40 KWH is billed.
For Commercial Institutions—
The amount at which the first 40
KWH is billed, or $1.00 per horse
power or fraction thereof, or equiv
alent, whichever is the higher.
Avalibality — For all residence
service, including lighting.
This schedule is also applicable
to commercial institutions, for all
service except lighting, provided
that no motor in excess of one
horsepower shall be served on this
rate.
The above rate is after a ten per
cent (10%) discount is allowed for
prompt payment.
HEATING & COOKING RATE:
3x/6c per KWH used per month.
Minimum Bill—$2.50 per month.
The above rate is after a ten per
cent (10%) discount is allowed for
prompt payment.
COMMERCIAL POWER:
First 100 KWH used per month
at 6c per KW7H
Next 100 KWH used per month
at 5c per KWH
< Next 800 KWH used per month
at 4c per KWH
Next 4000 KWH used per month
at 3^c per KWH
Next 5000 KWH used per month
at 3c per KWH
All Over 10,000 KWH used per
month at 2%c per KWH
Minimum Bill—50c per II. P.
connected per month.
The above rate is after a ten per
cent (10%) discount is allowed for
prompt payment.
Section VIII. That said grantee
shall not during the erection, in
stallation, construction, reconstruc
tion, reparing, operation and main
tenance of said plant or distribu
tion system unnecessarily interfere
with the enjoyment of private
property or in any manner block
the ingress and egress to or from
any private property or property
belonging to the City of O’Neill,
and further not impede, hinder or
niterfere with anj> public improve
ments or construction thereof
which may be hereinafter ordered
or prescribed by ordinance by the
City Council as provided for by law
which now exists or may herein
after exist.
That the rights herein granted
in this franchise are subject to the
exercise of the police power as the
same now is or as same may be
hereinafter conferred upon said
City and subject to the reasonable
regulations of the City of O’Neill
which it may hereinafter prescribe
by ordinance. The City in no event
to enact an ordinance prescribing
or fixing rates contrary to the
maximum rates herein fixed.
Section IX. That if any section
or portion of a section or this Ord
inance shall be declared null and
void by any competent authority,
the remaining portions hereof shall
not be affected thereby.
Sectipn X. That all ordinances
or resolutions or parts thereof
heretofore adopted by said Mun
icipality in conflict with the terms
hereof are hereby repealed.
Section XI. That this Ordinance
shall take effect from and after its
passage, approval and publication
according to law.
APPROVED: June 12th, 1935.
JOHN KERSENBROCK,
Mayor.
Attest: C. W. Porter, City Clerk.
(SEAL)
It was then moved by Council
man Yantzi and seconded by
Councilman Protivinsky that Or
dinance No. 155A be put upon final
passage and, accordingly, a roll
call was had on said motion which
resulted in the following vote:
Ayes « Noes.
Yantzi
Brennan
Protivinsky
Harty
Uhl None.
The Mayor then stated that Or
dinance No. 155A had been carried
by a five-sixth vote of all the
members elected to the Council.
The Mayor stated that the Inter
state Power Company of Nebras
ka, a Delaware Corporation, with
offices at Dubuque, Iowa, had made
a proposal to furnish eleectric en
ergy for municipal street lighting,
and he then presented a proposed
“Contract for Municipal Street
Lighting,” which after being read
by the Clerk was ordered to be
inserted in the minutes of this
meeting as follows:
“CONTRACT FOR MUNICIPAL
STREET LIGHTING."
THIS AGREEMENT, made and
entered into in triplicate this 28th
day of June, 1935, by and between
INTERSTATE 'POWER COM
PANY OF NEBRASKA, a Dela
ware Corporation, with offices at
Dubuque, Iowa, its >-uecessors and
assigns, hereinafter called the
“Company,” and the City of
O’Neill, County of Holt, and state
of Nebraska, hereinafter called the
“Municipality”;
WITNESSETH
THAT, WHRfWAN, the Com
pany now owns and operates a
street lighting system within the
corporate limits of said Municipal
ity, consisting of:
59 - (JO C. P. Lamps in Overhead
Fixtures
FLOUR-FEED
Purity Flour SI.40
Economy Flour 1.50
Sunshine Flour .. 1.55
Bon-Ton Flour _ . 1.60
Mother’s Best Ffenr 1.60
Lay Mash 2.00
Growing Mash 2.25
(With Cod Liver Oil)
Sudan, 100-Lbs. 11.75
Soy Beans 3.65
Cane 5.00
Hegira .... ..._. 3.75
Kafir 4.00
German Millet 6.00
Hog Millet 4.50
Buckwheat, bu. 1.50
Bran . 1.35
Rye Shorts 1.50
Pig Feed 1.90
Limestone Grit .90
i
Bargain On A New 32x6 Inch
Truck Tire
Columbia Standard and Prison
Twine
O’NEILL HATCHERY
THE Royal Road to the
Poor House is paved with
debts and passes on to the
Pauper’s Grave.
Wqz
(©HfciU National
23anh
Capital, Surplus and Undivided Profits,
$125,000.00
This bank carries no indebted
ness of officers or stockholders.
34 - 100 C. P. Lamps in Orna
mental Posts
and
WHEREAS, the Municipality
desires that the Company shall
continue to operate said street
lighting system;
NOW. THEREFORE, for and in
consideration of the mutual coven
ants and agreements herein con
tained, it is hereby mutually
agreed by and between the partiies
hereto as follows:
I. That the Company shall oper
ate and maintain said street light
ing system (including the renewal
of lamps) and furnish electric en
ergy for the same in accordance
with the following schedule, to-wit:
NUMBER IN USE—59; SIZE
OF LAMPS—60 C. P. Lamps in
Overhead Fixtures; HOURS OF
BURNING—As Ordered by the
Municipality.
NUMBER IN USE—34; SIZE
OF LAMPS—100 C. P. Lamps in
Ornamental Posts; HOURS OF
BURNING—As Ordered by the
Municipality.
That the Municipality may, upon
proper written notice to the Com
pany, order the size of the lamps
and-or hours of burning changed to
meet its desires. Provided, how
ever, all of the lamps on each of
the present circuits shall have the
same hours of burning.
II. That the Municipality shall
pay to the Company, each month,
for maintaining and operating said
(Continued on page 8, column 1.)
ORDINANCE NO. 157A
(Continued from page 4.)
141A of such city and all other
ordinances or parts of ordinances
in conflict herewith be and hereby
are repealed.
Section 22. (a) It shall be un
lawful for any licensee under the
Nebraska Liquor Control Act sell
ing alcoholic liquors (including
beer) at retail to employ in such
premises where such alcoholic
liquors (including beer) are sold
any person under the age of
twenty-one years to sell and-or
assist in selling or dispensing any
such alcoholic liquors (including
beer).
(b) It shall be unlawful for
any person under the age of
twenty-one years to work or be
employed in any premises where
alcoholic liquors (including beer)
are sold at retail for the purpose
of selling, assisting in selling or
dispencing any alcoholic liquors
(including beer). Any person vio
lating any provision of Section
a or b of this Section shall be
deemed guilty of misdemeanor and
on conviction thereof shall be pun
ished by a fine of not more than
$50.00.
Section 23. That this Ordinance
shall be in full force and effect
from and after its passage, ap
proval and publication according tc
law.
Section 24. That if any Section
or portion of any Section of this
Ordinance shall be declared null
and void by any competent author
ity the remaining portions herein
shall not be aflfected thereby.
Passed and approved this 20th
day of June, 1935.
JOHN KERSENBROCK,
Mayor.
Attest: C. W. PORTER,
(Seal.) City Clerk.
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4 50-20.. 8 2 5 9.08 4.54
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4 75-19.. 9 10 9.99 5.00
475-20.. 9.20 10.12 5.06
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Down week
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FREE Offers End Saturday (
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Agencies at Valentine, Ainsworth, Bassett, Atkinson, Butte,
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O’NEILL, NEBR. I
Douglas, St.