CITY COUNCIL PROCEEDINGS
Statoamer 15, 1959
CALL. FOR SPECIAL MEETING
TO THE MEMBERS OF THE
COUNCIL OF THE CITY OF O'
NQLL. NEBRASKA:
Yaa anil each of you arc here
by autified that a special meet
at the Mayor and Council of
the Qty of O'Neill. Nebraska, will
be Md at the Qty Council Room
oa Me 15th day of September,
199R at 7:30 o'clock P.M for the
f—|-of approving plans and
^ecMasalions as prepared by
{■fan, Michael & Assuciates
—a to direct the Clerk to advvr
tor far bids for the anprove
nab u Sewer District Number
ad to act upon any other
cutkn that may properly com*
fiiliai the Mayor and Council of
«l Qty
D. C. Schaffer
Mayor
©. D. French
City Clerk
<vSEAU
Me. the undersigned, hereby
a.Mamriedgp service of the fare
;<ctoc notice and call and amttxat
ta Mr meeting of the Mayur and
Ojanot. of said City to be held at
eta fane and place therein speci
fied.
Itad this 14th day of Septem
ber. 1309.
Wm McIntosh E. M. Gleesor
A V. Carroll A A. Hiatt
Moore Fred O Heermann
Goa. Janousek Iieigh Keynoklsor
Tta Mayur and City Council of
the Qty of O'Neill, in the County
of Hta m the State at Nebraska.
i«a at die Qty Council Room or
tta day of September, 1959,
at IJD o’clock P.M. in special
MMa. the following being pre
sent Mayor D. C. Schaffer, Qty
Clnt. G D. French, Councilmen
Gftnemn, Reynoldson, Carroll
ITjiitl Janousek, McIntosh, and
flu imam i The following were al>
sent Moure.
A quorum being present, the
fallowing proceedings were had
and done:
Councilman Gleeson offered the
following Ri 'solution and moved
its addition
**BE IT RESOLVED BY THE
MAYOR AND COUNCIL OF
OTfKIIJ.. NEBRASKA:
111 That the plans and speci
ficauuns as prepared by Kirk
tiam. Michael & Associates for
the construction of a storm
sewer in Sewer District Num
ber 1 arc hereby approved, and
CJ) That the Clerk be directed
to advertise for bids for the
construction of said storm
sewer in the Frontier, a news
paper published and of general
circulation in the City of O’
Neifl in the manner and form
as provided by law, said notice
to ta in substantially the fol
lowing farm:
NOTICE TO CONTRACTORS
Sealed proposals endorsed with
tta tiHe of the work and the bid
der"* name will be receved n the
affine of the City Clerk at the Qty
at CFNeill. Nebraska, until 7:00
P M . an the 9th day of October,
1939. far the furnishing of all
fahor. materials, use of contrac
tor's equipment and plant and for
all eta necessary to properly
(instruct an oi tne impruvemena
| i.thin Sewer District No. 1 of the
: City of O' Neill, Nebraska.
At which hour, or as soon as
possible thereafter, the Mayor and
the City Council of O'NeiU, Ne
braska, will proceed to open in
the presence of all other bidders
and consider the bids received for
the furnishing of said labor, ma
terials, and equipment necessary
for the proper construction of the
aforesaid improvements.
The Engineer's estimate of the
cost of construction is $20,125.00.
All work called for in the plans
and specifications shall be fur
nished in strict accordance with
the plans and specifications pre
pared by Kirkham, Michael & As
sociates, Special Enginers of
Omaha, Nebraska, and now on
file in the office of the City Clerk
of O'Neill, Nebraska,
Bids will be received only upon
the proposal forms furnished by
the City, through its Special En
gineers, Kirkham, Michael & As
sociates, of Omaha, Nebraska.
Each bid must hie accompanied
by a Synopsis of Experience
Record illustrating experience in
construction of work of this type
or of a similar nature.
Each bid must be accompained
by a certified check on a bank
whose deposits are insured by the
Federal Deposit Insurance Cor
poration in the amount of (5%)
five percent of the total bid price
and must be payable without coo
dition to the Treasurer of the
City of O'Neill, Nebraska, as evi
dence of good faith of the bidder,
anti as agreed liquidated dam
ages to the City of O’Neill, Ne
braska, in case the bidder whose
proposal is accepted by the Mayoi
and City Council fails to enter in
to contract within ten (10) days
from the Notice of the Award
an<l furnish acceptable bond tc
complete the work and pay for all
labor and materials used, said
bond to be in the amount of one
hundred percent (100%) of the
total hid price.
Each contractor bidding upon
the work described in this Notice,
at the same time as the filing ol
the bid shall file with the Mayor
and City Council of the City ol
O'Neill, Nebraska, a statement
that he is complying with and will
continue to comply with fair
labor standards as defined in
Section 73-104 R S., Nebraska,
1943, In the pursuit of his business
and the execution of the contract
on which he is bidding, and there
shall be written into the contract
for the construction of the work
referred to herein a provision that
in the evecution of such contract
fair labor standards as so defined
shall be maintained.
Plans and specifications and
contract documents may be ex
amined at the office of the City
Clerk in the City of O’NeiU, Ne
braska. and may be procured
from the .office of the Engineers,
Kirkham, Michael & Associates of
508 South 19th Street, Omaha 2,
Nebraska, upon the payment of
Five Dollars ($5.00) which
amount will not be refunded.
The City of O'Neill, Nebraska,
reserves the right to waive in
I Memorial Baptist Church, Chambers )
' 8-Pay Missions Panorama
| with Chuck Horslrr from Nigeria, West Africa ,
g Thursday through Thursday, November 5-12 '
" Thursday 2:00 p.m.- Ladies Missionary Society at the home of |
a Mrs. C. E. Wintermote. “Inside the Missionary’s Home" |
Oak)red slides
( Thursday. 8:00 p.m.-Rani Boy’s Home - Slides )
m Saturday all day-With the high school and college-age young |
™ people. Morning-recreation. Afternoon-debate and discussion. "
A SM) p.m. “Catching An African Bride” - Slides, informal talk, k
. IFor high school and college-age only)
" Sunk; 10:00 a.m. Trinkets from Africa; 11:00 Missions chal- P
f lenge - message; 7:00 p.m. City work in Africa - slides; |
1D0 Leprosy work - slides.
\ Tuesday 8:00 p.m. -Bush work - slides. P
m Thursday 8:00 p.m. -Lives of African Christians - slides. a
» _
I formalities and to reject any or
all bids.
Da.ed this 15th day of Septem
ber. 1959.
THE CITY OF O’NEILL,
NEBRASKA
Dale French, City Clerk
(SEAL*
Date First Publication: Septem
ber 17, 1959
Date Second Publication: Septem
ber 24, 1959
Date Third Publication: October
1, 1959
Councilman Reynoldson second
de the motion for adoption of the
foregoing Resolution and after
consideration the roll was called
and the following voted AYE on
the passage and adoption of said
Resolution: Gleeson, Reynoldson,
Carroll, Hiatt, Janousek, McIn
tosh and Heermann. The follow
ing voted NAY: None. The pas
sage of the Resolution having
been concurred in by more than
a majority of the members elected
to the City Council was by the
Mayor declared adopted.
D. C. Schaffer
Mayor
O. D. French
City Clerk
(SEAL)
STATE OF NEBRASKA)
COUNTY OF HOLT ) SS
CITY OF O’NEILL )
I, O D. French, the duly elect
ed qualified and acting City Clerk
of the City of O'Neill, in the
county of Holt, in the State of Ne
braska, hereby certify that the
foregoing is a true and complete
copy of all proceedings had to
date in connection with Sewer
District Number 1 of the City of
O’Neill.
IN WITNESS WHEREOF, 1
have hereunto set my hand and
the seal of my office this 15th
day of September, 1959
O. D. French
City Clerk
/ C f A T i
Affidavit of publication filed in
my office the 2nd day of October,
1959.
O. D. French,
City Clerk.
Upon motion by Carroll, seconded
by Hiatt, Meeting adjourned
Motion carried.
September 22nd, 1959
CAIL FOR SPECIAL MEETING
TO THE MEMBERS OF THE
COUNCIL OF THE CITY OF
O'NEILL, NEBRASKA:
You and each of you are here
by notified that a special meeting
of the Mayor and Council of the
City of O'Neill, Nebraska, will be
held at the City Council Room on
the 22nd day of September, 1959,
at 7:30 o’clock P.M., for the pur
pose of resolving problems that
have arisen on Paving District
No. 18, District consisting of
Adams Street from the west line
of First Street to the east line of
Fourth Street, and which are
pertinent and necessary to pave
ment in this District, and to act
upon any other matters that may
properly come before the Mayor
and Council of said City.
D. C. Schaffer
Mayor
O. D. French
City Clerk
(SEAL)
We, the undersigned, hereby
acknowledge service of the fore
going notice and call and con
sent to the meeting of the Mayor
and Council of said City to be
held at the time and place there
in specified.
Dated this 21st day of Septem
ber 1959.
Wm. McIntosh E. M. Gleeson
A. W. Carroll A. A. Hiatt
R. E. Moore Fred O. Heermann
Geo. Janousek Leigh Reynoldson
The Mayor and City Council of
the City of O'Neill in the County
of Holt in the State of Nebraska,
met at the City Council Room on
the 22nd day of September, 1959
at 7:30 o’clock P.M., in Special
session, the following being pre
sent: Mayor D. C. Schaffer, City
Clerk, O. D. French, Councilmen:
Janousek, Reynoldson, Hiatt Car
roll, Gleeson, Heermann, Moore,
McIntosh. The following were ab
sent: None.
A quorum being present, the
following proceedings were had
and done:
It was moved by Councilman
Gleeson and Seconded by Council
man Moore that the Council ap
prove a change itv Paving District
DONT MISS IT !!
*'*• - — '-"-'-*?** ** •
H
O'NEILL CHAMBER OF COMMERCE
Pre-Holiday SALE
Thursday - Friday - SATURDAY
NOVEMBER 12 13 14
Bargains Galore In O'Neill Stores
Organized By O'Neill
CHAMBER OF COMMERCE
| Number 18. said change to be
1 ‘rom the East end of retaining
Wall to the West end of retaining
will North of St. Anthony's Hospi
tal. That the City pave from said;
Wall north to South Curb of pro
| posed 27 foot paving
Upon roll call the following
! vot d AYE: Reynoldson, Mcln
i'v.h, Ifeermann. Janousek, Glee
on. Carroll, Moore and Hiatt. I
j The following voted NAY: None.
Motion by Gleeson and
Seconded by Carroll to enter into
| a contract with the Missouri Val
| ley Construction Company for
paving of curb the full length of
property owned by the Christ
! Lutheran Church, the construc
j tion to be on Seventh Street in
* paving district No. 28. Also, to
enter into a contract with the Mis
! souri Valley Construction Com
j pany for paving of the full length
| of property owned by Assembly of
I God Church, the construction to
be the entire parking lot on the
West side of the church on
Seventh Street in paving District
No. 28 Payment of said construi
tion and improvements to be as
sessed to property owners men
tioned above.
Upon roll call the following
Voted AYE: Reynoldson, McIn
tosh, Heermarin, Janousek, Glee
son, Carroll, Moore and Hiatt.
The following voted NAY: None.
Motion by Carroll. Seconded by
Reynoldson that Council change
paving District No. 19 between
Second third Streets and to pave
a parking slab from the North
edge of Original paving slab to
the Curb on the North side of the
street and for the full length of
the said street. That the sisters
of St. Francis who operate St
Anthony's Hospital in the city of
O’Neill, Nebraska, would acknow
ledge liability for the expense of
said extra paving slab, that said
assessments to be placed on a 10
year amortized basis reserving
unto themselves the right, privi
lege and option of paying all ex
pense and assessments in a lump
sum if they so wish.
Upon roll call the following
voted AYE: Reynoldon, Heer
mann, Moore, McIntosh, Gleeson,
Hiatt, Carroll and Janousek.
Motion by Moore, seconded by
McIntosh that the City enter into
a contract with the Missouri Val
ley Consruction Company to re
place expansion joint in intersec
tions of existing paving.
Upon roll call the following
voted AYE: Reynoldson, Heer
mann, Moore, McIntosh, Gleeson,
Hiatt, Carroll and Janousek.
Motion by Gleeson and
Seconded by Moore that council
authorize the purchase of inter
locking manhole covers.
Upon roll call the following
voted AYE: Reynoldson, Heer
mann, Moore, McIntosh, Gleeson,
Hiatt Carroll and Janousek.
Motion by Janousek and
seconded by Reynoldson that
Council Adioum. Motion carried.
|-Legal Notices— |
(First pub. Oct. 22, 1959)
Julius D. Cronin, attorney
No. 4360
IN THE COUNTY COURT OF
HOLT COUNTY, NEBRASKA.
In the Matter of the Estate of
Genevieve Hanley, Deceased.
ORDER FIXING DAY FOR
HEARING ON PETITION
FOR PROBATE OF WIIX
State of Nebraska )
: ss.
Holt County )
Now, on this 20th day of Octo
ber, A. D., 1959, Henry J. Hukill
filed a petition in this court and
presented to this court an authen
ticated copy of the Last Will and
Testament of Genevieve Hanley,
Deceased, late of Powell County,
State of Montana, the prayer of
said petition being that a date be
fixed by this Court for the pur
pose of approving and allowing
said Last Will and Testament and
causing the same to be filed for
record in this court.
IT IS, THEREFORE, HEREBY
ORDERED That said petition
come on for hearing before this
court on the 12th day of November,
A. D. 1959, at ten o’clock a m.
when all persons interested in
said estate may appear and show
cause why the prayer of said pe
tition should not be granted; that
notice of the pendency and filing
of said petition, and of the day
and place fixed for hearing there
on, be given all persons interest
ed in said estate by publishing a
copy of this Order in “The Fron
tier” a weekly newspaper print
ed, published, and of general cir
culation in Holt County, Nebras
ka, for three weeks prior to said
date of hearing.
(COUNTY Louis W. Reimer
COURT County Judge
SEAL) 26-28c
(First pub. October 22, 1959)
Julius D. Cronin, attorney
NOTICE TO CREDITORS
Estate No. 43R6
IN THE COUNTY COURT OF
HOLT COUNTY, NEBRASKA,
OCTOBER 15, 1959.
IN THE MATTER OF THE
ESTATE OF MICHAEL F. O’
DONNELL. DECEASED.
CREDITORS of said estate are
hereby notified that the time limit
ed for presenting claims against
said estate is February 12th, 1960,
and for the payment of debts is
October 15th. 1960, and that on
November 12th, 1959, and on Febr
uary 15th, 1960, at 10 o’clock
A M., each day, I will be at the
County Court Room in said County
to receive, examine, hear, allow,
or adjust all claims and objections
duly filed.
(County Court Seal)
Louis W. Reimer,
County Judge
26-28c
(First pub. Oct. 29, 1959)
LEGAL NOTICE
In accordance with the School
Laws of Nebraska, Sec. 79-402, we
are required to make the follow
ing described change in school
district boundaries:
To dissolve Dist. No. 8, Wheeler
County, Nebraska for elemen
tary grade school purposes only,
and attach the territory therein
I to School Dist. No. 115, Holt
County, Nebraska. School Dist.
No. 8, Wheeler County, Nebras
ka consists of the following des
cribed territory: Sec. 1, 2, 3,
S>4 4, 9. 10, 11, 12, 13, 14, 15,
16, SMt 17, 18, T. 24, N. R., 11, all
in Wheeler County, Nebraska.
A hearing of said matter will be
held by the joint Committee for
the Reorganization of School Dist
ricts of Holt and Wheeler Coun
ties on Monday, November 9. 1959
at 8 p.m. in the Court Room of the
Court House at Bartlett, Nebraska.
The purpose of the meeting is to
present the recommendations of
the state committee to the legal
voters in attendance.
Mrs. Alice Zalud, Sec. Wheeler
Couny Reorganization Comm.
Alice L. French, Sec., Holt
County Reorganization Comm
27-28
ORDINANCE NO »»» A
An Ordinance of the City of O'
Neill, Nebraska, to effectuate the
provisions of Legislative Bill 719,
enacted by the Sixty-ninth Session
of the Legislature of Nebraska,
with the emergency clause and
thereafter approved by the Gover
nor of the State so as to permit the
conducting of the game of
“BINGO" within the purview of
such enactment, within its corpo
rate limits; providing that an as
sociation or entity designated in
Section 3, of such enactment, and
licensed to conduct the game of
“BINGO" by the State within the
corporate limits of the City shall
obtain a permit from the
governing body of the City for
that purpose before commencing
operation; designating the permit
fee; providing that the associa
tion conducting the game of
“BINGO" within the City shall
pay a tax of ten per cent of the
gross receipts from such game,
payable quarterly to the City
Treasurer, on or before the 10th
day of the immediately, succeed
ing calendar quarter, and when
collected, such official shall forth
with remit to the Director of the
Department of Agriculture and In
spection of the State of Nebras
ka, one half of the same and
credit the balance to the General
Fund of the City; providing for a
written quarterly report by the
association or entity conducting
the bame of “BINGO” within the
City to the City Clerk, containing
a detail financial statement of
each separate Session of “BINGO”
conducted under said permit for
the period of the report; enact
ing by reference as a part of the
ordinance, all provisions of the
statutes of Nebraska applicable to
conducting the game of “BINGO”
within the City, and providing
that a violation of such portion
of the ordinance shall constitute a
criminal offense against the City
as well as the State of Nebraska.
I for which the violator may be pro
I secuted and punished upon con
viction, in a separate prosecution
by the City; providing penalties
for its violation; repealing all or
dinances or parts of ordinances in
conflict therewith; and providing
when the ordinance shall become
effective anti declaring an emer
gency.
WHEREAS, at the regular state
election held on November 4. 1958.
the Electors of the State of Ne
braska through the initiative
process, enacted an amendment
to the Nebraska Constitution
authorizing the conducting of the
game "BINGO" within the State
by certain designated entities,
but which amendment was not
self-executing and required State
legislation to effectuate; and
WHEREAS, the Sixty-ninth Ses
sion of the Legislature of Nebras
ka, has enacted legislative Bill
719, with the emergency clause
and the same has been approved
by the Governor of the State and
is now in full force and effect,
which effectuates said constitu
tional amendment: NOW THERE
FORE BE IT ORDAINED BY
THE MAYOR AND CITY (X1UN
C1L OF THE CITY OF O’NEILL,
NEBRASKA:
“"Section 1, The word "associa
tion" as used in this ordinance
shall mean any board, society,
corporation, church, or other en
tity that has been duly licensed
by the State of Nebraska to con
duct the hame of "BINGO” with
in the State.
Section 2. An association duly
licensed by the State of Nebras
ka to conduct the game of bingo
within the corporate limits of the
City shall obtain a written permit
therefor from the Mayor and City
! Council before commencing opera
tion of the same Application for
such a permit shall lx1 in writing
and filed with the City Clerk on
such form as he shall prescribe,
who shall issue such permit when
directed by the governing Ixxly of
the City to do so. Such permit
shall expire on March 31 follow
ing its issuance or renewal. The
fee for such a permit, or each
renewal thereof, shall be the sum
of Ten Dollars ($10.00) which the
applicant shall pay to the City
Treasurer, prior to filing its ap
plication for such permit: or re
newal thereof, and a receipt for
payment of the same shall be
fill'd with the application When
a permit is issued, the City Treas
urer shall credit such fee to the
General Fund of the City. The
permit shall at all times, he dis
olaysd conspicuously at the place
where the game of "BINGO" is
conducted.
Section 3. No permit for con
ducting the game of "BINGO"
shall thereafter be issued by the
City should a majority of the
qualified electors of the City
voting thereon at the election at
which the proposition was submit
ted determine that the game of
"BINGO" should not he con
ducted within the City, until the
same quota of the qualified elect
ors of the City again authorize
the operation of the same.
Section 4. Games of "BINGO"
shall he conducted within the City
strictly in accordance with all
ordinances of the City, not incon
sistent with the Statutes of the
State.
Section 5 Any permit issued
under the provisions hereof may
be revoked or suspended by the
Mayor and City Council for cause,
when the state license of the as
sociation has been revoked or
suspended, hut such revocaton or
suspension order shall l>e identic
al in substance with that issued
by the State of Nebraska.
Section 6. A tax of ten per-cent
of the gross receipts of each li
cense association from the con
ducting of the game of "BINGO"
within the City, is hereby imposed
and levied against each such as
sociation. payable on or l>efore
the 10th of the immediately suc
ceeding calendar quarter, to the
City Treasurer, when collected,
one half of such tax shall forth
with be paid by the City Treas
urer, to the Director of the I>c
partment of Agriculture and In
spection of the State of Nebraska
and the remaining one-half there
of shall be credited by the City
Treasurer to the General Fund
of the City.
Section 7. Each association con
ducting the garni' of “BINGO”
within the City shall submit a
written quarterly report to the
City Clerk covering the preceding
calendar quarter on or before the
10th day of the immediately sue
ceeding calendar quarter The
report shall include a detailed fi
nancial statement of each sepa
rate session of Bingo conducted
by such association, prepared on
a form prescribed by the Direc
tor of the I>cpartment of Agricul
ture and Inspection of the State
of Nebraska.
Section 8. All the provisions of
the said Legislative Hill 719. and
all other applicable provisions of
other state statutes, as the same
now exist or may hereafter be
amended shall bo and constitute
a part of this ordinance the same
as if repeated verbatim herein,
and violation of the same shall
be a distinct and separate offense
against the City, as well as
against the State, and any viola
tors thereof shall be separately
prosecuted by the City for each
offense and if convicted shall bo
punished as here inafter provided
for the violation of other provi
sions of this ordinance.
Section 9 Any association viola
ting the provisions of this Ordi
nance shall be guilty of a mis
demeanor and if convicted shall
be fined in any sum not less than
ten dollars ($10.00 > nor more than
One-Hundred l>>llars ($100 00) for
each offense and shall auto
matiallv stand committed to the
City Jail, until such fine and
costs of prosecution are paid in
full Each day that a violation of
this ordinance continues shall |>e
considered a separate and dis
tinct offense.
Section 10 That all ordinances
or parts of ordinances of the City
in conflict herewith, are hereby
repealed.
Section 11 Whereas, an emer
gency exists, this ordinance shall
he in full force and effect from
and after its passage, approval,
and publication according to the
law.
PASSED AND APPROVED
THIS 3rd DAY OE November,
1959. „ , „
D. C- Schaffer
MAYOR
ATTEST:
O. I). French
CITY CLERK
(SEAL)
Phone Your News To
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