CITY COUNCIL MEETING NO. 2005-26 ... - City of Chadron

CITY COUNCIL MEETING
NO. 2005-26
SEPTEMBER 19, 2005
The Mayor and City Council of the City of Chadron, Nebraska met in regular session in the City
Hall Council Chambers at 234 Main Street on the 19 th day of September, 2005 at 5:00 o'clock P.M. The
following individuals were present: Mayor John Gamby, Councilmembers Donny Grantham, Morgan
Muller and Mark Douglas, City Manager Al Vacanti, City Attorney Bevin Bump, City Clerk Donna Rust,
Public Works Director Milo Rust, Chief of Police Jerry Crews, Finance Officer Dave Noble and Zoning
and Building Official Janet Johnson. Absent: Vice Mayor Jim Stokey.
Notice of the meeting was given in advance thereof by publishing notice in The Chadron Record
as shown by the affidavit of publication filed in the City Clerk's office. Notice of the meeting was
simultaneously given to the Mayor and all members of the City Council and a copy of their
acknowledgment of receipt of notice and the agenda is attached to the minutes and is filed in the City
Clerk's office. Availability of the agenda was communicated in the advance notice and in the notice of
the Mayor and City Council of this meeting. All proceedings hereafter shown were taken while the
convened meeting was open to the attendance of the public.
Mayor Gamby called the meeting to order and declared a quorum present.
Councilmember Muller moved to approve the agenda as written and distributed. Seconded by
Councilmember Douglas. The following Councilmembers voted Aye: Grantham, Muller, Douglas,
Gamby. The following voted Nay: None. Motion carried.
items:
Councilmember Grantham moved to approve the Consent Agenda, which included the following
1) Minutes for City Council Meeting No. 2005-25, September 6, 2005
The Minutes were approved as written and distributed.
2) Correspondence
There was no correspondence to report as of the writing of this memo.
3) Claims
NOTE: * Denotes Check Issued
O-Ordinance, C-Contract, S-Statute
R-Resolution, F-Federal Law, M-Motion
N/A-No Authority, D-Discount
ABC Electric Crossing Lights-Time Set 20.00
Advancing Technology Computer Service 463.58
Arrow Building Staple Gun & Sign Materials 510.26
AW Direct Lights - Airport 121.23
Baker & Taylor Library Books 359.47
Bauerkempers Parts & Service 187.64

Bellu, Akki 8/2005 Janitorial Services 56.65
Black Hills Weekly Group 8/2005 Legals 520.88
Book Links 1 Year Subscription 43.47
Brennan Electric Heater Repair 230.45
Brodart Company 1 Year Subscription Service 2,275.20
Bruce-Hill Furniture Carpet & Installation 714.50
Brun’s Coin Laundry Police Dry Cleaning 38.75
Buettner Construction Culverts & Materials 1,089.90
Century Business Products 7 & 8/2005 Mita Supplies & Maint. 75.00
Chadron, City of FICA to 9/08/2005 4,040.13 *F
Chadron, City of Payroll to 9/08/2005 54,948.80 *C
Chadron Concrete Blocks & Cement 2,757.50
Chadron Home Center Supplies 51.38
Chadron Rotary Club 3 rd Quarter Dues 98.25
Chadron Wholesale Janitorial Supplies 64.02
Coe Engineering 8/2005 Engineering 6,611.50
Contractors Materials Drill & Bits 663.10
Dell Computers Ink Cartridges 148.00
Dudden Gravel Ice Control Gravel 1,550.50
Educator’s Progress Service 2005-2006 Publications 356.20
Eisenbarth Motor Company Brake & Window Repair 185.16
Employers Mutual Casualty Workers Compensation Claim 81.92
Farm Plan/The Mercantile Parts & Supplies 1,301.70
Fillmore, Sarah 8/2005 Mowing Service 10.00
Fresh Start Convenience Stores 8/2005 Fuel Purchases 5,007.03
Galls Uniform 83.48
Gopher Volleyball Net 68.94
Great Plains Building Center Blades & Dry Wall 169.22
Great Plains One-Call Services 8/2005 Locate Requests 69.32
Grimm’s Pump Pump Parts & Repair 882.19
Hansen, Maruta 9/01-9/14/2005 Janitorial Svcs. 180.00
Hawkins Water Treatment Chemicals 790.93
Haynes, Terri 9/2005 AP Terminal Maint. 150.00
Hencey Plumbing Supplies & Service 45.15
Highsmith Library Supplies 88.03
Hills Materials 1" Base Course 9,112.50
Hills Tire Supply Flat Repair/Mufflers/Tires 2,258.39
Hirst, Adrian Library Book 16.50
Huckfeldt Trucking Ice Control Salt 1,147.50
Ideal Linen Supply Janitorial Supplies 127.17
Ingram Library Services Library Books 78.02
Johnson Truck, Larry Handi-Bus Inspection 75.00

Kinder Morgan 8/2005 Gas Service 2,475.53
L A Sign Metal Signs 180.00
L & D Aero 9/2005 Airport Contract 975.00
L & D Aero Pump Filters & Grounding Reel 600.36
Levi’s Auto Door Part 20.00
Linweld 9/2005 Cylinder Rental 12.53
Littrel Construction N Main Water Project - Est. #1 49,613.40 *R
Mansfield Enterprises Air Conditioner - Fire Hall 2,555.00
MicroMarketing Library CD’s 248.85
Midland Telecom Pager Parts & Maintenance 145.73
Midwest Water Solutions Chemicals 1,227.50
Millennium Computer Systems Computer Repair 25.00
Municipal Supply Pipe Fittings 172.21
National Casualty Liability Insurance 315.56 *
National Geographic Library Book 15.90
National Waterworks Meter Parts 3,723.20
NE Dept. of Natural Resources Filing Fee 10.00 *S
Nebraska Library Commission 7/2005 OCLC Base Fee 5.00
Nebraska Public Power District 8/2005 Electric Service 1,788.69
Nebraska Safety Center-UNK Handi-Bus Driver Training 45.00
NeLEIN NeLEIN Conference Registration 140.00 *
Norm’s Carquest Auto Parts Parts & Supplies 221.46
Northern Tool & Equipment Small Tools 196.90
Northwest Pipe Fittings Pipe Fittings 316.19
Northwest Rural Public Power 8/2005 Electric Services 44.32
Omaha World-Herald 1 Year Subscriptions (2) 271.96
Penworthy Library Books 204.89
Pine Ridge Garden Center Bushes & Trees 400.46
Power House Mower Parts 32.96
Quality Tire Tires 208.60
Quick Cook, The Library Book 19.98
Qwest 9/2005 Telephone Service 443.33
Random House Library Books 42.00
Region 1 - OHD 8/2005 Parks Clean-Up 226.60
Roberts Electric, Scott Electrical Supplies & Service 505.28
Rushville Service & Sport Center Brake Part 12.00
Sandhills Computer 8/2005 Internet & Eq. Rental 49.00
Sensus Metering Systems Touch Read Gun Supplies 109.31
Sturdevant’s Parts & Supplies 340.41
Tree Doc Tree Removal & Trimming 2,791.00
Trinity Steel Supply Parts 351.95
Van Diest Supply Chemicals 1,878.80
VantagePoint Trust 401 Employee Pension to 9/08/2005 1,949.79 *C

VantagePoint Trust 401 Police Pension to 9/08/2005 1,013.50 *C
Wahlstrom Ford Parts & Tune-Up 2,490.61
Wal-Mart Library Supplies 299.50
Western Communications 9/2005 Siren Maintenance 110.00
Western Cooperative Fuel & Oil Purchases 5,158.09
WPCI Substance Abuse Testing 49.50
Xerox 8/2005 Copier Lease 469.36
TOTAL 184,426.72
The foregoing schedule of claims is published in accordance with Nebraska Revised Statutes
19-1102.
4) Report on Collection of Special Assessments
5) Monthly Reports
6) Minutes for Boards and Commissions
There are no minutes to report as of the writing of this memo.
Councilmember Douglas seconded the motion for approval of the Consent Agenda. The
following Councilmembers voted Aye: Grantham, Muller, Douglas, Gamby. The following voted Nay:
None. Motion carried.
ORDINANCE NO. 1279
AN ORDINANCE giving consent to the transfer of the cable television Franchise to GREAT
PLAINS CABLE TELEVISION, INC., from CHARTER
COMMUNICATIONS, and granting to GREAT PLAINS CABLE
TELEVISION, INC., its successors and assigns, a Franchise and the right,
privilege, authority and permission to construct, install, operate, maintain
and upgrade in or along the streets, alleys, and public ways, or elsewhere
within the corporate limits of the City, a community antenna television
service, pursuant to Sections 18-2201 through 18-2206, Reissue Revised
Statutes of Nebraska, 1997, for a period of fifteen (15) years from and after
October 1, 2005; providing for the adoption of a Cable Television Franchise
Agreement between the CITY OF CHADRON, Nebraska, and GREAT
PLAINS CABLE TELEVISION, INC., its successors and assigns, providing
for the grant of authority, which shall not be exclusive and may be
amended; establishing the terms and conditions of the grant; prescribing
terms and conditions under which the Franchisee may operate; providing for
access channels at no charge; providing for the termination of previous
franchise rights; establishing the right of transfer; establishing franchise
fees, payment of costs and reimbursement for direct and indirect expenses;
establishing rights of the use of public rights of ways; providing for service
to subscribers; taxes, insurance, reports, State and Federal laws; establishing
unauthorized use and penalties therefore; providing for guaranty and
acceptance; providing that the cable television franchise and Agreement
shall be governed by Nebraska law; providing the Mayor and City Clerk

execute the Cable Television Franchise Agreement; to repeal Ordinance No.
1253 and all Ordinances and parts of Ordinances in conflict herewith;
directing the publication of this Ordinance and prescribing the time when
the same shall be in full force and effect.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHADRON,
DAWES COUNTY, NEBRASKA:
Section 1. NOTICE OF SALE AND TRANSFER OF FRANCHISE: The City of
Chadron having been notified by letter dated July 28, 2005 from Great Plains Cable Television, Inc., a
Nebraska Corporation (“Great Plains”), and Charter Communications, VI, LLC, a Delaware limited
liability company (“Charter”), that they have entered into an Asset Purchase Agreement dated July 1,
2005, together with the proper Notice required by FCC 394, to announce the pending acquisition and
transfer of the cable system to serve the City of Chadron by Great Plains and to request the consent of
the City of Chadron to this transfer transaction by September 30, 2005.
Section 2. CONSENT OF TRANSFER OF FRANCHISE: The City Council after
review of the above and being fully advised in the premises, does hereby consent to the transfer of the
Cable TV System Franchise to Great Plains Cable Television, Inc., and further approves the assignment,
mortgage, pledge or other encumbrance, if any, of the Franchise, System or assets relating thereto, or of
the interests in the permitted holder thereof, as collateral for a loan.
Section 3. RELEASE OF CHARTER: The City releases Charter, effective upon the
closing of the Transfer from all obligations and liabilities under the Franchise that accrue on and after
the Closing Date; provided that Great Plains shall be responsible for any obligations and liabilities under
the Franchise that accrue on and after September 30, 2005.
Section 4. DEFINITIONS. Whenever certain terms and phrases are used in this
Ordinance or the Cable Television Franchise Agreement provided for herein, they shall be defined for
the purposes of interpretation as set forth in said Franchise Agreement between the City of Chadron,
Nebraska, and Great Plains Cable Television, Inc., a Nebraska Corporation (Franchisee), its successors
and assigns and all references in this Ordinance shall be to the respective sections of said Agreement.
Section 5. GRANT OF AUTHORITY. The City hereby grants to Great Plains Cable
Television, Inc., its successors and assigns, a Franchise, right, privilege, authority and easement to
construct, erect, suspend, install, renew, maintain, and otherwise own and operate throughout the City
of Chadron, Nebraska, in, upon, along, across, above, over and under streets and alleys, easements, public
ways and public places as now laid out or dedicated, and all extensions thereof, and additions thereto, in
said City a system of poles, wires, cables, underground conduits, ducts, trenches, conductors, amplifying
equipment, manholes, fittings, and any other fixtures, appliances and appurtenances necessary for the
installation, ownership, maintenance and operation within the City of a cable television (CATV) system
either separately or in conjunction with any public utility maintaining the same in the City for a period
of fifteen (15) years from and after October 1, 2005.
Section 6. AUTHORITY NOT EXCLUSIVE, AMENDMENTS. The rights herein
granted together with those set forth in the Cable Television Franchise Agreement shall not be exclusive,
and the City reserves the right to grant one or more franchises to any person at any time on similar terms
and conditions as granted herein. The City may amend this Ordinance and the Franchise Agreement from
time to time, as allowed by law, and as set forth in the Cable Television Franchise Agreement.
Section 7. PREVIOUS RIGHTS ABANDONED. The Franchise herein granted is in
lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed,
controlled, or exercisable by the Franchisee or any of its predecessors pertaining to the construction,

operation, modification or maintenance of a Cable System in the City resulting from the Franchise
previously granted or in existence prior to the granting of this Franchise. The acceptance of the
Agreement shall operate, as between the Great Plains Cable Television, Inc., (Franchisee) and the City,
as an abandonment of any and all of such rights, privileges, powers, immunities, and authorities within
the City which may have inured to the Franchisee prior to the execution of the Agreement. All
construction, operation, modification and maintenance by the Franchisee of its cable system in the City
shall be under the Agreement and not under any other right, privilege, power, immunity, or authority.
Section 8. ACCESS CHANNELS. Franchisee shall provide and maintain three (3)
channels for the purpose of transmission of non-commercial, municipal, educational and public access
video programming for government, Chadron State College, Chadron Public Schools, public and leased
cablecast transmissions. No charge shall be made for use by the government, public, education channels,
or portion of any channel dedicated to such use.
Section 9. TRANSFER, RENEWAL, AMENDMENTS, REVOCATION, AND
REMOVAL OF FACILITIES. The Franchisee shall comply with the requirements and restrictions of
the Cable Television Franchise Agreement; and the rights of transfer, review, renewal and termination
are hereby adopted as the same are set forth in said Agreement.
Section 10. FEES, COSTS AND REIMBURSEMENT. As compensation for
administration of the permissive use of the streets and public ways of the City and for the City’s cost in
establishing and maintaining a regulatory program to oversee Franchisee in its construction, operation,
maintenance, modification, and reconstruction of a Cable Television System within the City, the
Franchisee shall pay to the City an annual amount equal to five percent (5%) of the Franchisee’s Gross
Annual Receipts from all sources attributable to the operations of the Franchisee within the City under
this Agreement and the Franchise. Such payment shall be in addition to any other payment charges or
fees owed to the City by the Franchisee and shall not be construed as payment in lieu of personal or real
property taxes or special assessments levied by the City, State or County; (a) The Cable Television
Franchise Agreement shall provide that the franchise fee shall be paid in quarterly payments and how paid
in the event of termination. It shall further provide that costs to be borne by Franchisee shall include, but
shall not be limited to, all costs of publication of notices prior to any public meeting provided for
pursuant to this Agreement, and that within thirty (30) days after execution of this Agreement, the
Franchisee shall reimburse the City Five Thousand Dollars ($5,000.00) for the City’s direct and indirect
expenses in the franchising process; (b) Such Agreement shall further provide for a penalty should the
Franchisee’s payment not be made on due date set out in said Agreement and that the City shall have the
right to inspect Franchisee’s records showing the annual gross receipts from which its Franchise
payments are computed.
Section 11. USE OF PUBLIC RIGHTS OF WAYS. The franchisee shall be entitled
to use public rights of way as set forth and in accordance with the Cable Television Franchise Agreement,
and it shall further comply with all of the provisions and obligations therein required.
Section 12. SERVICE TO SUBSCRIBERS. The Cable Television System provided
for under this Ordinance shall be designed for operation twenty-four (24) hours per day and shall endure
service interruptions only for good cause and for a reasonable time, in addition, the Franchisee shall in
all other respects comply with and perform in a manner as required in the Cable Television Franchise
Agreement.
Section 13. TAXES, INSURANCE, REPORTS, STATE AND FEDERAL LAWS. The
Franchisee shall be subject to taxes; shall indemnify the City, acquire insurance and provide reports to
the City; and in addition, the Franchisee shall comply with State and Federal Laws and provide for
continuity of service all as required by the Cable Television Franchise Agreement.
Section 14. UNAUTHORIZED USE OR RECEIPT OF CABLE SERVICES. It shall

e unlawful for any person or entity whether or not a resident of the City to receive cable television
service, or to access such cable television system without the knowledge and consent of the Franchisee;
and any person or entity who shall violate this Section shall be deemed guilt of a misdemeanor, and upon
conviction thereof, shall be fined in a sum not to exceed One Hundred Dollars ($100.00) for each such
offense, or day thereof, together with the costs of prosecution.
Section 15. APPLICABLE LAW, NEBRASKA. This Ordinance and the Cable
Television Franchise Agreement executed herewith shall be governed in all respects by the laws of the
State of Nebraska.
Section 16. GUARANTY AND ACCEPTANCE. This Ordinance is expressly
conditioned upon the execution and delivery to the City by the Franchisee an executed Cable Television
Franchise Agreement.
Section 17. AUTHORITY TO EXECUTE CABLE TELEVISION FRANCHISE
AGREEMENT. The Mayor and the City Clerk of the City of Chadron are hereby authorized and
directed to execute the Cable Television Franchise Agreement on behalf of the City of Chadron,
Nebraska.
Section 18. REPEALER. Ordinance No. 1253 and all Ordinances and parts of
Ordinances in conflict herewith are hereby repealed.
Section 19. ORDINANCE PUBLICATION: This Ordinance shall be in full force and
effect from and after the passage, approval, and publication as provided by law.
ATTEST:
__________________________________
City Clerk
(S E A L)
CITY OF CHADRON
___________________________________
Mayor
Sandy Roes and Lynn Fitzgibbon were present at the meeting to request that the Mayor proclaim
September 20, 2005 as Community Hero Day. Said proclamation was read and signed by Mayor Gamby.
Bryce Landen appeared before the Council on behalf of Nebraska Public Power District to present
the Report on Economic Importance of and Economic Impacts Associated with Livestock Production in
Dawes County.
Jeff Kienitz and Heather Pickering appeared before the Council on behalf of the Chadron Area
Chamber of Commerce to give the Council and report and update.
Councilmember Grantham moved to appoint Councilmember Morgan Muller to serve as the City
Representative on the Executive Board for the Chadron Area Chamber of Commerce. Seconded by
Councilmember Douglas. The following Councilmembers voted Aye: Grantham, Douglas, Gamby. The

following Councilmembers voted Nay: None. Abstaining: Muller. Motion carried.
Councilmember Muller introduced the following Resolution and moved for its adoption:
RESOLUTION NO. 2005-69
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CHADRON,
NEBRASKA:
The City Council having reviewed the Interlocal Agreement between the Chadron Public Schools
and the City of Chadron wherein:
1. The City of Chadron will provide to the Chadron Public Schools the continued services of the
School Resource Officer for a period of three school years, commencing with the 2005-06 school
year, to be extended accordingly should the COPS in Schools grant be approved.
2. During this period, the City of Chadron will be responsible for funding 33 1/3% of the costs
for salary and benefits for the School Resource Officer and the Chadron Public Schools will be
responsible for the remaining 66 2/3% of the costs.
The City approves the Interlocal Agreement in its entirety and does hereby authorize and direct
the Mayor and City Clerk to execute the Agreement on behalf of the City of Chadron.
The foregoing Resolution having been read, Councilmember Grantham seconded the motion for
its passage and adoption, and after consideration thereof, the roll was called on the passage and adoption
of said Resolution and the following Councilmembers voted Aye: Grantham, Muller, Douglas, Stokey.
The following voted Nay: None. Absent: Stokey. The passage of the Resolution having been consented
to by more than a majority of the members elected to the Council was declared passed and adopted this
19 th day of September, 2005
ATTEST:
__________________________________
City Clerk
(S E A L)
CITY OF CHADRON
___________________________________
Mayor
Councilmember Muller moved to table Resolution No. 2005-78 until a later Council Meeting to
allow time for issues related to the proposed Contract for Airport Maintenance to be resolved with Les
Mittleider. Seconded by Councilmember Grantham. The following Councilmembers voted Aye:
Grantham, Muller, Douglas, Gamby. The following Councilmembers voted Nay: None. Motion carried.
Councilmember Grantham introduced the following Resolution and moved for its adoption:

RESOLUTION NO. 2005-79
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF CHADRON, NEBRASKA:
1. The City of Chadron does hereby accept a Right of Way and Easement granted by Douglas S.
Downs and Joanne Downs, Husband and Wife, for the erection, and continued operation, maintenance,
repair, alteration, inspection, and replacement of a fifty-five (55) foot bracketed free standing Metal
Tower containing Antennae and Radio in the following location:
In a certain pathway located between, on and over the building and the north lot line of the
following described property: Lots 25 and 26 and the North 10 feet 2 inches of Lot 27, Block 4,
Original Town (now City) of Chadron, Dawes County, Nebraska;
The foregoing Resolution having been read, Councilmember Muller seconded the motion for its
passage and adoption, and after consideration thereof, the roll was called on the passage and adoption of
said Resolution and the following Councilmembers voted Aye: Grantham, Muller, Douglas, Gamby. The
following voted Nay: None. Absent: Stokey. The passage of the Resolution having been consented to
by more than a majority of the members elected to the Council was declared passed and adopted this 19 th
day of September, 2005.
ATTEST:
__________________________________
City Clerk
(S E A L)
CITY OF CHADRON
___________________________________
Mayor
Councilmember Grantham introduced the following Resolution and moved for its adoption:
RESOLUTION NO. 2005-80
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF CHADRON, NEBRASKA:
1. The City of Chadron does hereby accept a Right of Way and Easement granted by Jamey R.
Eisenbarth and Karen L. Eisenbarth, Husband and Wife, for the erection, and continued operation,
maintenance, repair, alteration, inspection, and replacement of a fifty-five (55) foot bracketed free
standing Metal Tower containing Antennae and Radio in the following location:
In a certain pathway located between, on and over the building and the north lot line of the
following described property: Lots 25 and 26 and the North 10 feet 2 inches of Lot 27,
Block 4, Original Town (now City) of Chadron, Dawes County, Nebraska.

The foregoing Resolution having been read, Councilmember Muller seconded the motion for its
passage and adoption, and after consideration thereof, the roll was called on the passage and adoption of
said Resolution and the following Councilmembers voted Aye: Grantham, Muller, Douglas, Gamby. The
following voted Nay: None. Absent: Stokey. The passage of the Resolution having been consented to
by more than a majority of the members elected to the Council was declared passed and adopted this 19 th
day of September, 2005.
ATTEST:
__________________________________
City Clerk
(S E A L)
CITY OF CHADRON
___________________________________
Mayor
Councilmember Grantham introduced the following Resolution and moved for its adoption:
RESOLUTION NO. 2005-81
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF CHADRON, NEBRASKA:
1. The City of Chadron does hereby accept a Right of Way and Easement granted by the First
National Bank North Platte, organized and existing under the laws of the United States of America, for
the erection, and continued operation, maintenance, repair, alteration, inspection, and replacement of a
fifty-five (55) foot bracketed free standing Metal Tower containing Antennae and Radio in the following
location:
In a certain pathway located between, on and over the building and the north lot line of the
following described property: Lot 24, Block 4, Original Town (now City) of Chadron, Dawes
County, Nebraska.
The foregoing Resolution having been read, Councilmember Muller seconded the motion for its
passage and adoption, and after consideration thereof, the roll was called on the passage and adoption of
said Resolution and the following Councilmembers voted Aye: Grantham, Muller, Douglas, Gamby. The
following voted Nay: None. Absent: Stokey. The passage of the Resolution having been consented to
by more than a majority of the members elected to the Council was declared passed and adopted this 19 th
day of September, 2005.
ATTEST:
CITY OF CHADRON
___________________________________
Mayor

__________________________________
City Clerk
(S E A L)
Councilmember Grantham introduced the following Resolution and moved for its adoption:
RESOLUTION NO. 2005-82
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF CHADRON, NEBRASKA:
1. The City of Chadron does hereby accept a Right of Way and Easement granted by Chadron
Glass & Windows, Inc., a Nebraska Corporation, for the erection, and continued operation, maintenance,
repair, alteration, inspection, and replacement of a fifty-five (55) foot bracketed free standing Metal
Tower containing Antennae and Radio in the following location:
In a certain pathway located between, on and over the building and the north lot line of the
following described property: Lot 24, Block 4, Original Town (now City) of Chadron, Dawes
County, Nebraska.
The foregoing Resolution having been read, Councilmember Muller seconded the motion for its
passage and adoption, and after consideration thereof, the roll was called on the passage and adoption of
said Resolution and the following Councilmembers voted Aye: Grantham, Muller, Douglas, Gamby. The
following voted Nay: None. Absent: Stokey. The passage of the Resolution having been consented to
by more than a majority of the members elected to the Council was declared passed and adopted this 19 th
day of September, 2005.
ATTEST:
__________________________________
City Clerk
(S E A L)
CITY OF CHADRON
___________________________________
Mayor
Councilmember Grantham introduced the following Resolution and moved for its adoption:
RESOLUTION NO. 2005-83
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF CHADRON, NEBRASKA:
1. The City of Chadron does hereby accept a Right of Way and Easement granted by John P.

Heiser and Pamela S. Heiser, Co-Trustees of the John P. And Pamela S. Heiser Revocable Trust, for the
erection, and continued operation, maintenance, repair, alteration, inspection, and replacement of a fiftyfive
(55) foot bracketed free standing Metal Tower containing Antennae and Radio in the following
location:
In a certain pathway located between, on and over the building and the north lot line of the
following described property: Lot 24, Block 4, Original Town (now City) of Chadron, Dawes
County, Nebraska.
The foregoing Resolution having been read, Councilmember Muller seconded the motion for its
passage and adoption, and after consideration thereof, the roll was called on the passage and adoption of
said Resolution and the following Councilmembers voted Aye: Grantham, Muller, Douglas, Gamby. The
following voted Nay: None. The passage of the Resolution having been consented to by more than a
majority of the members elected to the Council was declared passed and adopted this 19 th day of
September, 2005.
ATTEST:
__________________________________
City Clerk
(S E A L)
CITY OF CHADRON
___________________________________
Mayor
Councilmember Grantham introduced the following Resolution and moved for its adoption:
RESOLUTION NO. 2005-84
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CHADRON,
NEBRASKA:
1. Progress Estimate No. 2 filed with the Clerk by the Special Engineer of the City, showing the
amount of material furnished and work performed in the City under contract heretofore let for the
construction of improvements in the construction of the Water Main Replacement Project (North Main
Street and Bartlett Road), and the statements of the Special Engineer and others set out below are hereby
approved; and the Council finds that the materials therein set out have been furnished and have been
received by the City and work has been performed and claims therefore are hereby allowed as follows:
LITTREL CONSTRUCTION
Total Estimated Quantity Contract Amount $74,121.00
Total Value of Work & Materials $67,525.00
Less Amount Paid (Previous Estimates) $49,613.40

Less Retainage (10%) $ 6,752.50
Total Claim $11,159.10
2. That Littrel Construction be paid the sum of $11,159.10 for materials furnished and work
performed in the construction of the Water Main Replacement Project (North Main Street and Bartlett
Road).
The foregoing Resolution having been read, Councilmember Muller seconded the motion for its
passage and adoption, and after consideration thereof, the roll was called on the passage and adoption of
said Resolution and the following Councilmembers voted Aye: Grantham, Muller, Douglas, Gamby. The
following voted Nay: None. Absent: Stokey. The passage of the Resolution having been consented to
by more than a majority of the members elected to the Council was declared passed and adopted this 19 th
day of September, 2005.
ATTEST:
__________________________________
City Clerk
(S E A L)
CITY OF CHADRON
___________________________________
Mayor
Councilmember Muller introduced the following Resolution and moved for its adoption:
RESOLUTION NO. 2005-85
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CHADRON,
NEBRASKA:
1. Pay Estimate No. 4 filed with the Clerk by the Special Engineer of the City, showing the
amount of material furnished and work performed in the City under contract heretofore let for the
construction of improvements on the Main Street Construction Project (Main Street, from 3 rd to 10 th
Street), and the statements of the Special Engineer and others set out below are hereby approved; and the
Council finds that the materials therein set out have been furnished and have been received by the City
and work has been performed and claims therefore are hereby allowed as follows:
FULLER CONSTRUCTION
Total Estimated Quantity Contract Amount $ 477,875.75
Total Value of Work & Materials $ 297,826.94
Less Amount Paid (Previous Estimates) $ 188,739.48

Less Retainage (1%) $ 2,978.27
Total Claim $ 106,109.19
2. That Fuller Construction be paid the sum of $106,109.19 for materials furnished and work
performed in the construction of the Main Street Construction Project (Main Street, from 3 rd to 10 th
Street).
The foregoing Resolution having been read, Councilmember Douglas seconded the motion for
its passage and adoption, and after consideration thereof, the roll was called on the passage and adoption
of said Resolution and the following Councilmembers voted Aye: Grantham, Muller, Douglas, Gamby.
The following voted Nay: None. Absent: Stokey. The passage of the Resolution having been consented
to by more than a majority of the members elected to the Council was declared passed and adopted this
19 th day of September, 2005.
ATTEST:
__________________________________
City Clerk
(S E A L)
CITY OF CHADRON
___________________________________
Mayor
Councilmember Douglas introduced the following Resolution and moved for its adoption:
RESOLUTION NO. 2005-86
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CHADRON,
NEBRASKA:
That the absence of Vice Mayor Jim Stokey from the regular Council Meeting held September
19, 2005 is hereby excused by the Council for reason of personal business and that this Resolution shall
be entered upon the journal.
The foregoing Resolution having been read, Councilmember Muller seconded the motion for its
passage and adoption, and after consideration thereof, the roll was called on the passage and adoption of
said Resolution and the following Councilmembers voted Aye: Grantham, Muller, Douglas, Gamby.
The following voted Nay: None. The passage of the Resolution having been consented to by more than
a majority of the members elected to the Council was declared passed and adopted this 19 th day of
September, 2005.

ATTEST:
__________________________________
City Clerk
(S E A L)
CITY OF CHADRON
___________________________________
Mayor
Councilmember Douglas moved to enter into executive session at 6:10 o’clock P.M. to discuss
pending litigation. Seconded by Councilmember Muller. The following Councilmembers voted Aye:
Grantham, Muller, Douglas, Gamby. The following voted Nay: None. Motion carried.
Councilmember Muller moved to adjourn the executive session and reconvene in open session
at 7:15 o’clock P.M. Seconded by Councilmember Douglas. The following Councilmembers voted Aye:
Grantham, Muller, Douglas, Gamby. The following voted Nay: None. Motion carried.
Councilmember Grantham moved to adjourn the meeting at 7:17 o’clock P.M. Seconded by
Councilmember Douglas. The following Councilmembers voted Aye: Grantham, Muller, Douglas,
Gamby. The following voted Nay: None. Motion carried.
ATTEST:
__________________________________
City Clerk
(S E A L)
CITY OF CHADRON
___________________________________
Mayor

STATE OF NEBRASKA )
)
County of Dawes ) ss
)
City of Chadron )
I, the undersigned City Clerk for the City of Chadron, Nebraska, hereby certify that all of the
subjects included in the attached proceedings were contained in the agenda for the regular meeting of
September 19, 2005 kept continually current and available for public inspection at the office of the City
Clerk; that such subjects were contained in said agenda for at least twenty-four hours prior to said
meeting; that the said minutes of the City Council of the City of Chadron were in written form and
available for public inspection within ten working days and prior to the next convened meeting of said
body.
(S E A L)
___________________________________
City Clerk