|-Legal Notices-1
(Published May 9, 1963»
ORDINANCE NO. 3.4J-A
j AN ORDINANCE OK THE
CITY OK O'NEILL NEBRASKA.
TO AMEND SECTION 1 OK OR
DINANCE NO 291-A RElJtTING
TO SEWERS AND THEIR UP
KEEP AND INCREASING THE
SEWER RATE CHARGE FROM
CENTS PER MONTH TO $1 00
PER MONTH EFFECTIVE
JUNE l«t, 1963.
BE IT ORDAINED BY THE
MAYOR AND CITY COUNCIL
OF THE CITY OF O'NEILL,
NEBRASKA.
SECTION I That Section 1 of
ordinance 294 A he amended to
read as follows: A sewer use
charge of $1.00 |M*r month for
each connection whether direct
or indirect is hereby fixed to lie
charged and collected from the
owner of each real estate proper
ty in the City of O'Neill having
a connection either directly or
indirectly, to the City sewer
system, whenever said property
is occupied or used Said charges
shall he collected at thp same
time an<l in the same manner and
enforced in the same manner as
the City Water charges are col
lected and by the same officials.
SECTION 2: That Section 1 of
Ordinance No. 294-A be and it
hereby is repealed.
SECTION 3: That all other sec
tions of said Ordinance No. 294-A
shall remain in full force and
effect.
SECTION 1: This ordinance
shall he in full force and take
effect from and after its passage,
approval and publication accord
ing to law.
PASSED AND APPROVED
THIS 7th DAY OF MAY, 1963.
D C. SCHAFFER
Mayor
ATTEST:
O. D. FRENCH
City Clerk
(SEAL) 3c
(Published May 9, 1963t
ORDINANCE NO. 353-A
AN ORDINANCE OF THE
CITY OF O'NEIEE. NEBRASKA,
TO AMEND SUBSECTION A, B,
AND C OF SECTION 25 OF OR
DINANCE NO. 263-A RELATING
TO WATER RATES AND IN
CREASING MINIMUM CHARGE
FROM $3.00 to $4.00 BI-MONTH
LY, EFFECTIVE JUNE 1, 1963.
BE IT ORDAINED BY THE
MAYOR AND CITY COUNCIL
OF THE CITY OF O'NEILL,
NEBRASKA:
SECTION 1: That Subsections
A, B, and C, of Section 25 of
Ordinance No. 263-A be amended
to read as follows:
A. MINIMUM CHARGES
In no case shall the minimum
charge for water service based
on hi monthly consumption by
each individual consumer lx* less
than Four Dollars, and no dis
count lx* allowed.
B. RATE SCHEDULE
For the first 10,000 gallons, or
fraction thereof, of water used
or consumed, $4.00; no discount
allowed.
For the Next 40,000 gaLlons of
water used or consumed, 25c per
thousand gallons.
For the next 150,000 gallons of
water used or consumed 20c per
thousand gallons.
For next 100,000 gallons of wa
ter used or consumed, 18c per
thousand gallons.
Next 100,000 gallons of water
used or consumed, 17c per thou
sand gallons.
Over 400,000 gallons of water
used or consumed, 15c per thou
sand gallons.
C. METER READINGS: BULL
ING: SERVICE SHUT OFF FOR
NON-PAYMENT
All meters of consumers shall
he read by the water commis
sioner, or his agent, between the
20th day of the last month of the
bi-monthly period during which
water service is used and the
rirst day of the succeeding per
iod. The water commissioner, or
his duly authorized agents who
•irp ph'irtTn.^ with tho Hntv of
reading water meters, shall, as
said water meters are read,
make statements for each con
sumer and enter the same on the
hooks of the water department.
All hills for water service shall
tie due on the first day of the
succeeding bi-monthly period,
and shall be payable at such
place as the water commissioner
shall designate. If such water
bills are not paid within thirty'
days after the same are due, the
water service of the consumer
shall be shut off, and shall not
lie turned on again until said bill
and other charges, if any, due
said city be paid, together with
a fee of $4.00 for resumption of
service. The water commissioner
may, whenever he deems it ad
visable or necessary, declare any
water bill due at any time and
proceed to collect the same; and,
in his discretion, may require
charges for water service to be
paid in advance. The City of
O'Neill is hereby divided into
Two water Districts. District No.
1 shall comprise all of the terri
tory lying East of Fourth Street,
and District No. 2 shall comprise
all of the territory lying West of
Fourtfi Street. The bi-monthly
periods for computing water rent
als in District No. 1 shall com
mence on the 1st day of July,
September, November, January ,
March and May of each year,
and in District No. 2 on the first
day of alternate months from
those set forth for District No. 1.
SECTION 2: That Sub sections
A, B, and C, of Section 25 of Or
dinance No. 263-A be and it here
by is repealed.
SECTION 3: That all other sec
tions of Ordinance No. 263-.A
shall remain in full force and
effect.
SECTION 4: This ordinance
shall be in full force and take
effect from and after its passage,
approval and publication accord
ing to law'. _
PASSED AND APPROVED
THIS 7th DAY OF MAY. 1963
D. C. SCHAFFER
Mayor
ATTEST:
0 D. FRENCH
City Clerk
1 SEAL) 3c
(Published May 9, 1963)
ORDINANCE NO. JKH-A
ANIMALS ANI) FOWLS
AN ORDINANCE RELATING
TO ANIMALS AND FOWLS
WITHIN THE CORPORATE
LIMITS OK THE CITY OF O
NKILL, NEBRASKA: To Provide
for the Licensing, regulating and
taxing .of dogs harbored or run
ning at large within said City; to
prescribe rules and regulations
for the impounding and killing of
dogs under certain conditions; to
protect the inhabitants of this
City against rabid or dangerous
dogs; to regulate where animals
or fowls may tie kept with re
spect to the residence or place
of abode of another; to prohibit
cruelty to animals; to prohibit
animals or fowls from running at
large; to provide penalties for
the violation thereof; to repeal
all ordinances and purls of or
dinances in conflict therewith;
an<l to prescribe the time when
this ordinance shall be in full
force and take effect
HE IT ORDAINED IiY THE
MAYOR AND CITY COUNCIL
OF THE CITY OF O'NEIIJ.
NEBRASKA:
ARTICLE 1
SECTION 1: Terms, Iiefined
The term dog, whenever used in
this article, shall lie held to apply
to Ixith male and female dogs of
all ages. The term spayed shall
Ik* construed to mean any neuter
ed female dog as evidenced by
the certificate of a licensed vet
erinarian.
SECTION 2: Who Deemed Har
ImiI'ci' Anv ttprcnnu vt/hn chnll
harbor or permit any dog to be
for ten days or more or let the
same habitually remain and be
fed for the period of ten days or
more in or about his house, store
or enclosure, shall lx* deemed
the harborer of such dog, and
shall be liable to the penalties
herein prescribed for the viola
tion of this article.
SECTION 3: Dangerous IX>gs
at Large; Rabid Dogs: If the
owner or harborer of a fierce or
dangerous dog, after its disposi
tion and nature have been ascer
tained, permits the same to run
at large in this City to the danger
or annoyance of the citizens, he
shall lx- deemed guilty of a mis
demeanor, and, upon conviction
thereof, shall lx* punished as
hereinafter provided. The Chief
of Police or other constable des
ignated by the City Council is
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
any purpose required by this
article shall not be considered a
violation of the ordinances of
this City. The City Council by
resolution may prohibit, by pro
clamation, the running at large
of any dog at any time of the
year when, in said Council's opin
ion, the public is in danger of
rabid dogs. All dogs are to be
tied or confined between the
dates of April 1st to October 1
of each year.
SECTION 4: Female Dogs in
Season: The owner or harborer
of any female dog, licensed or
unlicensed, who permits such
dog to run at large while in sea
son, shall, upon conviction there
of. be punished as hereinafter
provided. The Chief of Police or
other officer designated by the
City Council is hereby authoriz
ed to kill any such dog if found
running at large in such condi
tion.
SECTION 5: Plates, Tags: 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 fastened upon it.
Each and every such tag or plate
shall have plainly engraved or
stamped thereon in plain letters,
Dog Tax, O’Neill, Nebraska, and
in figures the year for which the
same was given and the number,
which shall represent the number
of such plate or tag; Provided,
that the shape and appearance of
the same l>e different each year
and shall be numbered from one
upwards.
SECTION fi Doe Tax When
Due. When Delinquent; Dog Tax
Credited to General Fund: Every
harborer of a male or spayed
female dog in this City, shall pay
to the City Clerk or other repre
sentative. as a dog tax. the sum
of One Dollar and twenty-five
cents per annum; and every har
borer of an unspayed female dog,
in this City, shall likewise pay
to the Village Clerk or other
representative, as dog tax, the
sum of Two dollars per annum.
Such tax shall be payable on or
before the first day of January'
of each year. Each person so
paying shall have a metallic tag
attached to the collar of the dog
showing the number as proved
in Section 5 of this ordinance;
Provided, the harborer of any
dog brought into or harbored
within the corporate limits of
this City subsequent to January
first m any yrear shall be liable
for the dog tax levied herein.
Dog tax shall become delinquent
January 10 of each year, or with
in ten days after the dog or dogs
shall have been brought within
the corporate limits of this vil
lage subsequent to January first
in each year. The Chief of Police
when directed by the City Clerk,
shall assist the said Clerk in the
collection of the annual dog tax
as provided herein, All dog tax
money shall be credited to the
General Fund of this City.
SECTION 7: Enforcement of
Dog Ordinance, Impounding, Kill
ing of Dogs; Additional Compen
sation of Chief of Police or other
constable: It shall be the duty
of the Chief of Police or other
constable, designated by the City
Council, after January tenth in
each year, or when the dog tax
becomes delinquent, as aforesaid,
to take up and kill any dog, male
or female, harbored and found
running at large or running at
large within the corporate limits
hereof and not having about its
neck the tag or plate provided
for in Section 5 of this Ordinance;
and. for each dog so killed and
disposed of the Chief of Police or
other constable, designated by
the City Council, receive in addi
tion to his salary the sum of fl.00
One Dollar, the same to be paid
as other claims against the gen
oral fund of said City. No dog
so taken by the Chief of Police or
other officer of this City shall
be killed until such officer, after
consulting the records in the of
fice of the City Clerk, shall have
satisfied himself that the tax
tierein levied on said dog is due
and unpaid, anil until such officer
shall have no.died in writing or
by word of mouth die owner of
said dog, if known to him, forth
with to pay the delinquent tax so
due; PROVIDED, each dog so
taken will lie impounded for at
least (5) Five days, after which
time if the dog is not called for
and fees and maintenance paid,
at the rate of $1,00 per day, then
said dog shall be destroyed.
SECTION 8: Poisoning or In
juring Ixigs: It shall lie unlawful
for any person or persons to ad
minister or cause to be administ
ered poison of any sort whatso
ever to any dog, or in any man
ner to injure, maim or destroy,
or in any manner to attempt to
injure, maim or destroy any dog,
the property of another, or to
place any iioison or poisoned food
where the same is accessible to
any dog; Provided however, this
section shall not apply to the
killing of dogs with firearms by
the Chief of Police or other offic
er designated by the City Council
carrying out or attempting to
carry out the duties assigned
him in other sections of this ar
ticle.
SECTION 9: Barking, Howl
ing, Yelping or Offensive Dogs:
No person shall own, keep or
harbor any dog w'ithin the cor
porate limits of this City which
by loud, continued or frequent
barking, howling or yelping shall
tiuiury ui uihiui u any
hood or person or which habitu
ally harks or chases pedestrians,
horses or any vehicle whatsoever
to the annoyance of such pedest
rians, drivers or owners of ve
hicles while on any public side
walks, streets, alleys, or avenues
in said City.
SECTION 10: Dogs, injuring or
Destroying Property of Another:
No person shall own, keep or
harbor or allow to be in, or upon
any premises occupied by him,
or under his charge or control,
any dog that in any manner in
jures or destroys any real or per
sonal property of any description
belonging to another. If upon the
trial of any offense mentioned
in this section, it shall appear to
the Police Judge that the person
be quilty as charged in said com
plaint, said Judge may, in addi
tion to the usual judgment of
conviction, order the person so
offending to make restitution to
the party injured in amount equal
to the value of the property so
injured or destroyed.
ARTICLE U.
General Regulations
SECTION 11: Animals and
Fowls Running at Large: No per
sons having the charge, custody,
or control thereof, shall permit
any horse, mule, cow, sheep,
goat, swine, except as in this
chapter otherwise proved, to
go loose or run at large in any
of the public ways, or upon the
property of another, in this City,
or to be tethered or staked out
in such a manner as to allow said
animal to reach to or pass into
any public way, or upon the
property of another, and the run
ning at large within the limits of
this City, is hereby declared to
be a common nuisance and the
same is hereby prohibited.
SECTION 12: Animals, Cruelty
to: Any person or persons who
shall inhumanly beat, strike,
kick or wound any domestic ani
mal within the corporate limits
of this City, shall be deemed
guilty of a misdemeanor, and
upon conviction thereof, shall be
punished as hereinafter provided.
Any person or persons who shall
within the corporate limits of
this City, torture, torment, in a
cruel or inhumane manner any
domestic animal or beast of
burden, shall be deemed guilty
of a misdemeanor, and, upon con
viction thereof, shall be punished
as hereinafter provided. Any
person or persons, whether as
owner or agent, having in charge
any domestic animal or animals
within the corporate limits of
fhie Pitv tirhn choll \rillfnl1\r rvr
carelessly neglect to provide suf
ficient food or shelter therefor
at any season of the year, shall
be deemed guilty of a misde
meanor, and upon conviction
thereof, shall be punished as
hereinafter provided.
SECTION 13: Animals Not to
be Kept Within One Hundred
Feet of Residence of Another:
No person, whether as owner,
bailee, keeper or custodian, shall
keep or maintain any domestic
animal within one hundred feet
of any part of any building used
by another as residence or place
of dwelling.
SECTION 14: FOWLS NOT TO
BE KEPT WITHIN THE COR
PORATE LIMITS OF THE CITY
OF O’NEILL; No person, wheth
er as owner, bailee, keeper or
custodian, shall keep or main
tain any chickens, ducks, tur
keys, geese, or any similar fowl
within the City of O'Neill.
ARTICLE m.
Penal Provisions
SECTION 15: Violations, Pen
alty: Any person who shall vio
late any provisions of Articles
I and II of this Chapter shall be
deemed guilty of a misdemeanor,
and, upon conviction thereof,
shall be fined in any sum not
exceeding one hundred dollars
and shall be assessed the court
costs of prosecution.
ARTICLE IV.
Repeal and Operative Clauses
SECTION 16: Repeal of Prior
Ordinances in Conflict: All or
dinances and parts of ordinances
passed and approved prior to the
passage and approval of this
ordinance and in conflict there
with are hereby repealed.
SECTION 17: When Operative;
This ordinance shall be m full
force and take effect from and
after its passage, approval and
publication according to law.
PASSED AND APPROVED
May 7. 1963.
D C. SCHAFFER
Mayor
ATTEST:
O. D. FRENCH
City Clerk
(SEAL) 3c
Congratulations Graduates
m
! »
■
(Published May 9, 1963)
ORDINANCE NO. 355-A
AN ORDINANCE OF THE
CITY OF O'NEILL, NEBRASKA
CREATING SANITARY SEWER
EXTENSION DISTRICT NO. 1
AND PRESCRIBING THE SIZE
AND KIND OF SEWER MAINS
TO BE CONSTRUCTED THERE
IN AND THE LOCATION AND
TERMINAL POINTS THEREOF
AND THE OUTER BOUNDARIES
OF SAID DISTRICT.
Section 1. The Mayor and City
Council hereby deem it. necessary
and desirable to extend the mun
icipal sanitary sewer service be
yond the limits of the existing
sanitary sewer system of said
City and for such purpose to
create a sanitary sewer extension
district.
Section 2. There is hereby cre
ated in the City of O’Neill, Ne
braska. and within one mile of
the corporate limits thereof, San
itary Sewer Extension District
No. 1, the outer boundaries erf
said District being defined and
established as follows:
nA 4L - XT_4.1_A.
comer of Block G of the O’Neill
and Haggerty’s Addition to the
City of O’Neill, Nebraska; thence
east to the northwest comer of
Block H of the O’Neill and Hagg
erty’s Addition; thence north to
the northwest comer erf Spelts
Ray Subdivision; thence east
along the north line erf Spelts
Ray Subdivision to a point oppo
site the southeast comer of Lot
12, Block 4 of Cleveland and
ffipple's First Addition; thence
north along the west line of
Lawndale Avenue to the inter
section of the west line of Lawn
dale Avenue and the north line
of Cedar Street; thence west
along the north line of Cedar
Street and Cedar Street extended
to the west to a point on the east
line of U. S. Highway 281; thence
south along the east line of U. S.
Highway 281 a distance of 585
feet; thence east to a point on
the west line of Cleveland and
Hippie’s First Addition; thence
south along the west line of
Cleveland and Hippie's First Ad
dition to a point on the south
line of the County Road; thence
east along the south line of the
County Road to the intersection
of the south line of the County
Road and the west line of Madi
son Street; thence south to the
point of beginning.
Section 3. The size, kind and
location of the sewer mains to
be constructed in said District
shall consist of
8-inch vitrified clay sewer pipe
or 8-inch concrete sewer pipe and
appurtenances located in Madison
Street between Adams Street and
County Road; in County Road
between Lawndale Avenue and
Sunset Avenue; in Sunset Avenue
between County Road and Cedar
Street; in Ash Street between
Sunset Avenue and Lawndale
Avenue; in Birch Street between
Sunset Avenue anu umnuoic
Avenue; in Cedar Street between
Sunset Avenue and Lawndale
Avenue; and in a 20-foot ease
ment 167 feet westerly from the
intersection of Sunset Avenue and
Birch Street.
Section 4. The sewer mains in
said District shall be constructed
in accordance with the plans and
specifications therefor which
have been made and filed with
the City Cleric prior to the in
troduction of this ordinance by
Kirkham. Michael & Associates,
municipal engineer who has been
employed by the City for that
purpose which plans and speci
fications have been approved by
the Mayor and City Council and
to which reference is hereby
made.
Section 5. The engineer's esti
mate of the total cost of the pro
posed extension of the City’s sani
tary sewer system is $19,890.00.
Section 6. This ordinance shall
take effect and be in force from
and after its passage and publi
cation, in accordance with law.
BE IT ORDAINED BY THE
MAYOR AND CITY COUNCIL
OF THE CITY OF O'NEILL.
NEBRASKA:
PASSED AND APPROVED
THIS 7th DAY OF MAY 1963
D. C. SCHAFFER
Mayor
ATTEST:
O. D. FRENCH
City Clerk
• SEAL) 3c
.Published May 9, 19631
ORDINANCE NO. 356-A
AN ORDINANCE OF THE
CITY OF O’NEILL. NEBRASKA,
CREATING WATER EXTEN
SION DISTRICT NO. 1 AND
PRESCRIBING THE SIZE AND
KIND OF WATER MAINS TO
BE CONSTRUCTED THEREIN
AND THE LOCATION AND
TERMINAL POINTS THEREOF
AND THE OUTER BOUNDARIES
OF SAID DISTRICT.
BE IT ORDAINED BY THE
MAYOR AND CITY COUNCIL
OF THE CITY OF O’NEILL
NEBRASKA:
Section 1. The Mayor and City
Council hereby deem it necessary
and desirable to extend the mun
icipal water service beyond the
limits of the existing water sys
tem of said City and for such
purpose to create a water exten
sion district.
Section 2. There is hereby cre
ated in the City of O’Neill, Ne
braska, and within one mile of
the corporate limits thereof, Wa
ter Extension District No. 1, the
outer boundaries of said District
being defined and established as
follows:
Commencing at the northeast
comer of Block I of the O'Neill
and Haggerty’s Addition to the
City of O’Neill, Nebraska; thence
east to the northwest comer of
Block 7 of the McCafferty’s An
nex; thence north along the east
line of Third Street to a point on
the north line of the County
Road; thence west along the
north line of the County Road to
the east line of First Street ex
tended north; thence north along
the east line of First Street to tlu
intersection of the east line of
First Street and the north line
of Cedar Street; thence west
along the north line of Cedar
Street and Cedar Street extended
west to a point on the east line
of IT. S. Highway 281;’ thence
south along the east line of U. S,
Highway 281 a distance of 585
feet; thence east to a point on
the west line of Cleveland and
KjDDole s First Addition■ then/-*
south along the west line of
Cleveland and Kippple's First Ad
dition to a point on the south line
of the County Road; thence east
to the northeast corner of the
Spelts-Ray Subdivision; thence
south to the point of beginning.
Section 3. The size, kind and lo
cation of the water mains to be
constructed in said District shall
consist of
6-inch cast iron water mains
and appurtenances located in
County Road between Archer
Street and Sunset Avenue; in
Sunset Avenue between County
Road and Cedar Street; in Ash
Street between Sunset Avenue
and Lawndale Avenue, in Birch
Street between Sunset Avenue
and Lawndale Avenue, in Cedar
Street between Sunset Avenue
and First Street; in I^awndale
Avenue between Ash Street and
Birch Street; in John Street be
tween First Street and Second
Street; in County Road between
Lawndale A venue and First
Sireet, in County Hoad between
Second Street and Third Street;
in Third Street, 148 feet norther
ly from John Street; and In a
20-foot easement 167 feet wester
ly from the intersection of Birch
Street and Sunset Avenue.
Section 4. The water mains in
said fJisfrict shall be constructed
in accordance with the plans end
specifications therefor which
have been made and filed with
the City Clerk prior to the In
troduction of this ordinance by
Kirkham. Michael & Associates
municipal engineer who has been
employed by the City for that
purpose'which plans and specifi
cations have been approved by
the Mayor and City Gjuncf] and
__ ■
W ta ilCiCli/y
made.
Section 5. The engineer's esti
mate of the total cost of the pro
posed extension of the City's wa
ter system is 527,370.00.
Section 6. This ordinance aha]]
take effect and be in force from
and after its passage and publi
cation. in accordance with law.
PASSED AND APPROVED
THIS 7th DAY OF MAY 1963
D. C. SCHAFFER
Mayor
ATTEST:
O D. FRENCH
City Clerk
(SEAL! 3c