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1957OPENING . f ,,The Mayor and Council of the,City of.Blair., Washington County, Nebraska met in regular session in the.Council Chambers at 7:30 o'clock P. M. Mayor Raymond C...Hansen presided. City Clerk L. W.,Svendgaard recorded the proceedings of the meeting. The.Mayorinstructed the Clerk to call the roll. The Clerk called the roll and the following Councilmen were present: Farnberg,' Johnson, M. 0. Kuhr, H. C. Ktahr, Rabbass, and Sorensen. Councilmen Reeh and Wheeler were absent. Whereupon the Mayor announced that the introduction of Ordinances was now in order. Whereupon it was moved by Councilman Sorensen and seconded by Councilman Johnson that the minutes of the proceedings of the Mayor and Council ,. in the matter of the passage and approval. of Ordinance No. 685 be preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of Blair, Nebraska and that said separate and distinct volume be incorporated in and made a part of these proceedings the same as though spread at large. herein. The Mayor instructed the Clerk to call the roll. The Clerk called the roll and the following was the vote on this motion. Yeas: Farnberg, Johnson, M. 0. Kuhr, H. C. Kuhr, Rabbass, Sorensen. Nays: None. Absent: Reeh and Wheeler. Motion: Carried. ORDINANCE NO. 685 Introduction of Ordinance No. 68,E of,the,City of.Blair, Nebraska and the matter now coming before the Mayor and was the passage and approval of Ordinance No, 685 of the City of Blair, Nebraska. This Ordinance was introduced by Councilman M. 0.. Kuhr and..js in words and figures as follows: ORDINANCE NO. 685 AN ORDINANCE. OF THE CITY OF BLAIR, WASHINGTO COUNTY, NEBRASKA, GRANTING TO CENTRAL ELECTRIC & GAS COMPANY,.A DELAWARE CORPORATION, ITS LESSEES, SUCCESSORS AND ASSIGNS, A NON- EXCLUSIVE FRANCHISE, BIGHT AND PROVILEGE FOR A PERIOD OF TWENTY-FIVE (25) YEARS TO ERECT,'MAINTAIN AND OPERATE A GAS PLANT AND GAS DISTRIBUTION SYSTEM AND ANY AND ALL NECESSARY PIPES, MAINS, SERVICES, AND OTHER APPLIANCES THEREUNTO APPERTAINING IN, UPON, OVER, ACROSS AND ALONG THE STREETS, ALLEYS, BRIDGES AND PUBLIC PLACES OF THE CITY OF BLAIR, NEBRASKA., AS THE SAME NOW ARE OR MAY HEREAFTER BE EXTENDBD, FOR THE MANUFACTURE, TRANSMISSION , DISTRIBUTION, AND SALE OF GAS, WHETHER ARTIFICIAL, NATURAL OR OTHERWISE, FOR COOKING, HEATING, INDUSTRIAL, AND ALL OTHER USES AND PURPOSES IN SAID CITY AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH THE SAID COMPANY IS TO OPERATE. BE IT ORDAINED by the Mayor and Council of the City of Blair, Nebraska: Franchise Granted. Central Electric & Gas Company, a Corporation, its lessees, successors and assigns, hereinafter referred to as the Grantee, are hereby granted the non - exclusive franchise, right and privilege for a period of twenty-five(25) years to erect, maintain, and operate a gas ,plant and gas distribution system and any and all necessary pipes, mains, services, and other appliances thereunto appertaining, in, upon, over, across and along the streets, alleys, bridges, and public places of the City of Blair, Nebraska, as the same now are or may hereafter be extended for the manufacture, transmission, distribution and sale of gas, whether artificial, natural or otherwise, for cooking, heating, power, and all other uses and purposes. ROLL CALL ORDER.OF BUSINESS SECTION I 1074 Blair, Nebraska June 4, 1957 Grantee's Agreement to Serve. Grantee :agrees for and in behalf of itself, its lessees, successors and assigns, that during the term of this grant, it will maintain in the City of Blair, Nebraska, an adequate, standard and sufficient gas system and equipment and maintain and operate. the same in a manner to meet the necessities and requirements of the'City of Blair, Nebraska, its industries and inhabitants. SECTION III Extension of Service: Grantee shall and hereby agrees to make such reasonable extensions of its mains from time to time and install services to property lines as may be reasonably required to furnish service to prospective applicants located within the corporate limits of the City; provided, however, grantee shall not be required to make any such extensions of its mains unless such applicant contracts to use gas service for at least . a period of two (2) years, or which will require the installation of more than one hundred (100) feet of main for each customer to be served thereby, Gas Distribution., In:the event of a shortage in the supply of natural gas for any reason beyond the control of the grantee, it will allocate the available gas, in cooperation with the municipal authorities, in almanner to confrom to the general interests of the public. SECTION II SECTION IV SECTION V Franchise Payments. In consideration of the rights and privileges herein granted, the grantee agrees to pay to the City an amount equal to three percent of its gross receipts derived by the granteefrom sales of natural gas delivered within the City of Nebraska, excluding sales to givernmental agencies, departments, or other bodies whether they be federal, state or local, computed from and after the first day of the billing month following the effective date of this'frenchise ordinance. Such payments shall be made annually,an or before May 31, of each year for the preceding 12 months' period ending April 30th. Such payments shall be'in lieu of"any andall other fees, charges, licenses, taxed or assessments which "the City may impose for rights and privileges herein granted for the privilege of doing business within the City, and in the event any such fee, charge, license, tax or assessment shall be imposed by the City, the payment to be made in accordance with the provisions of this section shall be :reduced is an amount equal to the annual burden of such fee; charge, license, tax or assessment imposed upon the grantee.. Ad valorem property taxes imposed generally upon all real and personal property within the City shall not be deemed to affect the obligation of the grantee under this section. SECTION VI Municipal Authority. Grantee agrees,.for and in behalf of itself, its lessees, successors and assigns, that all authority and rights in this ordinance contained, shall at all times be subject to all rights, power and authority now or hereafter possessed by said City of Blair, Nebraska, to regulate and control and direct or otherwise by ordinance or resolution legislate concerning the exercise of the franchise herein granted and con- cerning the manner in which the grantee shall use the streets, alleys, bridges and public places of said City. SECTION VII Repealer. Ordinance No. 621 of the City of Blair Nebraska, is hereby repealed. SECTION VIII When Effective. This franchise ordinance shall be in full force and effect from and after its final passage, approval and publication, as provided by law, and upon the filing of a written .acceptance of same, by the grantee, with the Clerk of,the City of Blair, Nebraska. Passed and approved. this 4th day of J 1 OPENING ROLL CALL ORDER OF BUSINESS 1080 Blair, Nebraska June 18, 1957 The Mayor and Council of the City of Blair, Washington County, Nebraska met in regular session in the. Council Chambers at 7 :30 o'clock P. M. Mayor Raymond C. Hansen presided. City Clerk L. W. Svendgaard recorded the proceedings of the meeting. The Mayor instructed the Clerk to call the roll, The Clerk called the roll and the following Councilmen were present: Farnberg, Johnson, H. C. Kuhr, Rabbass, Reeh,Sorensen and Wheeler. Councilman M. O. Kuhr was absent. Whereupon the Mayor announced that the introduction of Ordinances was now in order. ORDINANCE NO, 686 ORDINANCE NO. 686 Whereupon it was moved by Councilman Sorensen and seconded by Councilman Johnson that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 686 be preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of Blair, Nebraska and that said separate and distinct volume be incorporated in and made a part of these proceedings the same as though spread at large herein. The Mayor instructed the Clerk to call the roll. The Clerk called the roll and the following was the vote on this motion, Yeas: Farnberg, Johnson, H. 0. Kuhr, Rabbass, Reeh, Sorensen and Wheeler. Nays: None, Absent: M. 0. Kuhr. Motion: Carried, . Introduction of Ordinance No. 686 of the City of Blair, Nebraska and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 686 of the City, of Blair, Nebraska, This Ordinance was introduced by Councilman Wheeler and is in words and figures as follows: An. Ordinance to be termed the "Annual Appropriation Bill" appropriating such sum or sums of money necessary to defray all necessary expenses and liabilities of the City of Blair, Nebraska, for the fiscal year commencing on the first Tuesday in May, 1957, and specifying the object and purpose of each appropriation and the amount for each object and purpose.. BE IT ORDAINED BY THE MAYOR.AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1, That there be, and hereby is appropriated out of the money derived from the taxes levied for general revenue purposes for the present fiscal year, commencing on the first Tuesday.in May, 1957, and out of all other available money and funds therefor belonging to said City, the maounts for each object and purpose as follows: For salaries of City officials For streets, culverts, alleys and bridges and purchase of maintenance equipment For printing and publication For miscellaneous and incidental expenditures For expense of criminal and. civil suits For purchase price and future taxes on property purchased For improvement, operation and maintenance of airport $25,000„00 50,000,00 5,500,00 5,000,00 . 4,000,00 2,000,00 15,000.00 Any balance of said funds remaining over and unexpended at the end of the fiscal year shall be transferred to the General Fund. SECTION 2, That there be, and hereby is, appropriated out of the money derived from the levy of taxes for Public Library purposes for the present fiscal year and out of all other money and funds available therefor, the amount of all other money and purposes as follows; For salaries of employees, maintenance and operation of public library 1081 $ 6,000.00 Any balance of said fund remaining over and unexpended at the end of the fiscal year shall be transferred to the Public Library Fund.. SECTION 3. That there be, and hereby is, appropriated out of the money derived ffom the levy of taxes for street lighting purposes for said fiscal year and out of all other money and funds available therefor, the amounts for each object and purpose as follows: For street lighting purposes $ 8,000.00 Any balance of said fund remaining over and unexpended at the end of the fiscal year shall be transferred to the Street Lighting Fund. SECTION 4. That there be, and hereby is, appropriated out of the money derived from the water works system and out of the water fund and all other money and funds available therefor, the amount for each object and purpose as follows: For improvement, extention, operation and maintenance of water works system and salary of employees and hydrant rentals For extention of distribution system, improvement of water department, hydrant rentals and service $ 30,000.00 $ 200,000,00 Any balance of said fund remaining over and unexpended at the end of the fiscal year shall be transferred to the Water Fund, SECTION 5, That there be, and hereby is, appropriated out of the money derived from taxes for parks and park purposes for said fiscal year and out of all other funds and moneys available therefor, the amounts for each object and purpose as follows: For park and park purposes, salaries of employees, maintenance, improvement and operation of swimming pool $ 8,000.00 Any balance of said fund remaining over and unexpended at the end of the fiscal year shall - be transferred to the parks and park purposes fund. SECTION 6. That there be, and hereby is, appropriated out of the moneys derived from the operation of the municipal electric light system and the . sale of electrical current and supplies and all other funds and moneys available therefor, the amounts for each object and purpose as_follows: For salaries of light commissioner and wages of department employees, operation and maintenance of municipal power disbribution system $ 125,000,00 For extention and improvements of municipal light power system generator and plant improvement and line estention $ 625,000.00 Any balance of said fund remainging over and unexpended at the end of the fiscal year shall be transferred to the Electric Light System Fund • SECTION 7. That there be, and hereby is appropriated out of the money derived from taxes for sewer maintenance for said fiscal year and out of all other funds and moneys available therefor, the amounts for each object and purpose as follows: For salaries of employees, operation and maintenance of sewer system $ 3,000.00 Any balance of said fund remaining over and unexpended at the end of the fiscal year shall be transferred to the Sewer Maintenance Fund. SECTION ', That there be, and hereby is appropriated out of the money derived from the levy of.taxes for the operation, maintenance and care of the Blair Cemetery $ 4000.00 Any balance of said fund remaining over and unexpended at the end of the fiscal year shall be transferred to the Cemetery 1082 SECTION 9. That there be, and hereby is, appropriated out of the money derived from the levy of taxes for the payment of refunding bonds and interest thereon and the sinking fund for said fiscal year and out of the money derived from taxes levied for payment of intersection and for district paving bonds and interest and out of any and all other funds and money available therefor, the amounts for each object and purpose as follows: For payment of principal and interest on bonds indebtedness due or to become due and for sinking funds $ 50,000.00 Any balance of said fund r emaining over and unexpended at the end of the fiscal year shall be transferred to the Sinking Fund for the payment of refunding bonds. SECTION 10. That there be, and hereby is, appropriated out of the money derived from the operation of the municipal'ice plant and the sale of products therefrom and out of all other funds available therefor, the amounts for each object and purpose as follows: For salaries and wages of employees, operation, maintenance, repair and extension of said Ice Plant $ 12,000.00 Any balance of said fund' remaining over and unexpended at the end of the fiscal year shall be transferred .to the Ice Plant Fund. SECTION 11. That there be, and hereby is, appropriated out . of the money derived from the levy of taxes for the maintenance and operation of the fire department for the present fiscal year and out of all other money and funds available therefor, belonging to said City, the amounts for each object and purpose as follows: For maintenance and operation of the City Fire Department . $ 6,000.00 Any balance of said fund remaing over and unexpended at the end of the fiscal year shall be transferred to the'fund for the maintenance and operation of the City Fire Department. SECTION 12. That there be, and hereby is appropriated out of the money derived from the levy of taxes for the purpose of purchase of Fire Department apparatus for the present fiscal year.and out of all other money and funds available therefor belonging to said City the amounts for each object and purpose as follows: For purchase of Fire Department apparatus $ 15,000.00 Any balance of said fund remaining over and unexpended at the'end of the fiscal year shall be transferred to the Fire DepartnientFund. SECTION 13. That there be, and hereby is, appropriated out of the Music and Public Amusement Fund and out of all other funds and money available therefor, the amounts for each object and purpose as follows: For music and public amusement $ 3,000.00 Any balance of said fund remaining over and unexpended at the end of the fiscal year shall be transferred to the Music and Public Amusement Fund. SECTION 14. That therebe, and hereby is appropriated out of the money now on hand for the Special Gasoline Road Fund and from the moneys derived from special gasoline tax and motor registration fee, the amounts for each object and purpose as follows: For constructing street improvements $ 35,000.00 Any balance An said fund remaining over and unexpended at the end of the fiscal year shall be transferred to the Special Gasoline Tax Fund. SECTION 15. That there be and hereby is appropriated out of the money derived from the levy of taxes for the purpose of paying the City's share of the employees and officers'•federal social security tax for the present fiscal year and out of all other money and funds avilable therefor belonging to the said City, the amount for each object and pupose as follows: For City's share of Employees' and Officers'' Federal Social Security Tax $ 3,000.00 Any balance in said fund remaining over and unexpended at the end of the fiscal year shall be transferred to the Social Security Tax Fund. SECTION 16. This ordinance shall take effect and be in Force from and after its passage, approval and publication as required by law. 19.57. SEAL Passed and approved. this 18th day of June, FIRST READING SUSPENSION OP RULES SECOND READING 1083 The Mayor instructed the Clerk to read by title Ordinance No. 686 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 686 by title upon its first reading,. Whereupon Councilman Sorensen moved that said Ordinance No. 686 be approved on itjf irst reading and its title agreed to. Councilman Johnson seconded this motion. Councilman H. C. Kuhr called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote on this motion. Yeas: Farnberg, Johnson, H. C. Kuhr, Rabbass, Reeh, Sorensen and. Wheeler. Nays: None. Absent: M. 0. Kuhr. Motion: Carried. Whereupon the Mayor declared said Ordinance No. 686 approved on its first reading and its title agreed to. Whereupon it,was moved by Councilman Sorensen and seconded by Councilman Johnson that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said Ordinance might be introduced, read, approved and passed at the same meeting. Councilman H. C. Kuhr called for the question. The Mayor put the question and instructed the Clerk to call the roll and the following was the vote on this motion. Yeas: Farnberg, Johnson, H. C. Kuhr, Rabbass, Reeh, Sorensen and Wheeler. Nays: None. Absent: M. 0. Kuhr. Motion: Carried. Whereupon the Mayor declared the statutory rules in regard to the passage and approval of ordinances suspended so the Ordinance No. 686 might be read by titles the first and second times and at large the third time, with the "yeas ", and "nayst each time called and recorded, approved and passed at the same meeting. Ordinance No. 686 now comes on for the second reading. The Mayor instructed the Clerk to read said.Ordinance No. 686 by title upon its second reading. Whereupon Councilman Wheeler moved that Ordinance No. 686 be approved upon its second reading and its title agreed to. Councilman Reeh seconded this motion. Councilman Farnberg called for the question.' The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk called the roll and the following was the vote on this question. OPENING The Mayor and Council of the City of Blair, Washington County, Nebraska met in regular session in the Council Chambers at 7:30 o'clock P. M. Mayor Raymond C. Hansen presided. City Clerk L. W. Svendgaard recorded the proceedings of the meeting. ROLL CALL The Mayor instructed the Clerk to call the roll.. The Clerk called the roll and the following Councilmen were present. Farnberg, Johnson, H. C. Kuhr, Rabbass, Reeh, Sorensen and Wheeler. Councilman M. 0. Kuhr was absent. ORDER OF BUSINESS Whereupon it was moved by Councilman Reeh and seconded by Councilman H. C. Kuhr that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 687 be preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of Blair, Nebraska and that said separate and distinct volume be incorporated in and made a part of these proceedings the same as though spread at large herein. The Mayor instructed the Clerk to call•the roll. The Clerk called the roll and the following was the vote on this motion. Yeas: Farnberg, Johnson, H. C. Kuhr, Rabbass, Reeh, Sorensen and Wheeler. Nays: None. Absent: M. 0. Kuhr Motion: Carried. 1087 Blair, Nebraska June 18, 1957 Whereupon the Mayor announced that the introduction of Ordinances was now in order. ORDINANCE NO. 687 Introduction of Ordinance No..687 of the City of Blair, Nebraska and tho matter now coming before the Mayor and Council was the passage and approval of Ordinance No, 687 of the City of Blair, Nebraska. This Ordinance was introduced by Councilman Rabbass and is in words and figures as follows: ORDINANCE NO. 687 An Ordinance to provide for the levy of taxes,and levying the same upon all the taxable property in the City of Blair, Nebraska, for all purposes Necessary to maintain the City Government for the City of Blair, Nebraska, for the fiscal year commencing on the first Tuesday in.May, 1957. and also levying a poll tax on certain inhabitants of said City for the fiscal year. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION. 1.. That there be, and hereby is, levied and assessed upon all the taxable property within the corporate limits of the City of Blair, Nebraska, for the fiscal year commencing on the first Tuesday in May, 1957, and ending on the first Tuesday in May, 1958, the following sums, taxes and number of mills on the dollar of tax, to —wit: PURPOSE AMOUNT For general revenue purpose 3.90 Mills For parks and park purposes .70 Mills For streets, alleys, culverts and bridges 1.00 Mills For public library purposes 1.10 Mills For street lighting purposes _ .90 Mill For purchases of fire apparatus .40 Mill For maintenance and operation of fire department .40 Mill For music and amusement ..40 Mill For sewer maintenance and repairs .20 Mill For enlargement, improvement, maintenance and operation of aviation field .30 Mill For operation, maintenance and care of Blair Cemetery .70 Mill For hydrant rentals .40 Mill For City's share of employees' and officers' Social Security Tax .40 Mill That the same be levied and assessed against all the taxable property within the corporate limits of the City of Blair, Nebraska, and collected as other taxes as s hown4jy the assessment rolls for the year 195 7. SECTION 2. That there be, and hereby is. levied upon each and Every male inhabitant of the City of Blair, Nebraska, between the ages of 21 and 50 years not exempted therefrom by the Statutues of Nebraska or Ordinance of this City, a poll tax in the sum of Two Dollars ($2.00). That said poll tax shall be collected as provided by law, for said fiscal year commencing on the first Tuesday of May, 1957.. SECTION 3. That this Ordinance shall take effect and be in force from and after its passage, approval and publication, as provided by law, 1957. Passed and approved this 18th day of June, 1088 FIRST READING The Mayor instructed the Clerk to read by title Ordinance No. 687 of the City of Blair, Nebraska, The Clerk thereupon read.the aforesaid Ordinance No. 687 by title upon its first reading. Whereupon Councilman Reeh moved that said Ordinance No. 687 be approved on its first reading and its title agreed to.. Councilman H. C. Kuhr seconded this motion. Councilman Johnson called for the tuestion. The Mayor put the question and instructed the Clerk to call the roll for the vote on this motion. Teas: Farnberg, Johnson, H. C. Kuhr, Rabbass, Reeh, Sorensen and Wheeler. Nays: None. Absent: M. 0. Kuhr Motion: Carried. Whereupon the Mayor declared said Ordinance No. 687 approved on its first reading and its title agreed to. SUSPENSION OF RULES Whereupon it was moved by Councilman Rosh afndsehonded by Councilman H, C. Kuhr that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said Ordinance might be introduced, read, approved and passed at the same meeting. Councilman Johnson called for the question. The Mayor put the question and instructed. the Clerk to call the roll and the following was the vote on this motion. Teas: Farnberg, Johnson, H. C. Kuhr, Rabbass, Reeh, Sorensen and Wheeler. Nays: None. Absent: M. 0. Kuhr Motion: Carried. Whereupon the Mayor declared the statutory rules in regard to the passage and approval of ordinances suspended so the Ordinance No, 687 might be read by titles the first and second times and at large the third time, with the "yeas", and "nays] ",''each time called and recorded, approved and passed at the, same meeting. 1092 Blair, Nebraska OPENING July 2, 1957 The Mayor and Council•of the City of Blair, Washington County, Nebraska met in regular session in•the Council Chambers at 7 :30 o'clock P. M. Mayor Raymond C. Hansen presided. City Clerk L. W. Svendgaard recorded the proceedings of the meeting. ROLL CALL The Mayor instructed the Clerk to call the roll. The Clerk called the roll and the following Councilmen were present. Farnberg, Johnson; M. 0. Kuhr, H. C. Kuhr, Rabbass, Reeh, Sorensen and Wheeler. ORDER OF BUSINESS Whereupon the Mayor announced that the in.t roduction of Ordinances was now in order. . Whereupon it was moved by Councilman Sorensen and seconded by Councilman Johnson that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 688 be preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of Blair, Nebraska and that said separate and distinct volume be incorporated in and made a part of these proceedings the same as though spread at large herein. The Mayor instructed the Clerk to call the roll. The Clerk called the roll and the f ollowing.was the vote on this motion. Yeas: Farnberg, Johnson, M. 0. Kuhr, E ':C..1rubr Rabbassi Reeh, Sorensen and Wheeler. Nays: 'None. Absent: None Motion: Carried. ORDINANCE NO. 688 Introduction of Ordinance No. 688 of the City of Blair, Nebraska and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No, 688 of the City of Blair, Nebraska. This Ordinance was introduced by Councilman Farnberg and is in words and figures as follows! ORDINANCE NO. 688 AN ORDINANCE OF THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, ESTABLISHING CLASSES Off' NATURAL GAS SERVICE AND MAXIMUM RATES TO BE CHARGED FOR NATURAL GAS SERVICE WITHIN THE CITY OF BLIAR, NEBRASKA. BE IT ORDAINED, By the Mayor and City Council of the City of Blair, Nebraska. SECTION I - Classification That all persons, firms or corporations supplying natural gas service to the City of Blair, Nebraska, and the inhabitants thereof, shall provide two classes of service to its customers as hereinafter specified and, defined: 1. Firm Gas Service Firm gas service is d.efined.as gas service that is supplied on a noninterruptible basis. Firm gas service shall be made available to all domestic and commercial customers whose maximum requirements are less than 1,000 cubic feet per hour. 2. Interruptible Gas Service Interruptible gas service is defined as gas service that is supplied on an interruptible basis. It shall be subject to curtailment or • interruption on demand of the gas service company whenever necessary to pto,tect the service of its firm gas customers. SECTION II 4 Maximum Rates That no person, firm or corporation supplying natural gas to the City of Blair, Nebraska, and the inhabitants thereof, shall, effective with meter reading periods beginning on and after August 7, 1957, charge more for such natural gas service than the following maximum rates: 1. Firm Gas Service Rate Availability -- This rate is available only to domestic and commercial customers who maximum requirements for natural gas are less than 1,000 cubic feet per hour. The gas.service compnay shall not be required to service any customer at the following rate who requirements to 1,000 cubic feet or more per hour. SECTION III - Gas Cost Adjustment As the result of an application filed and now pending with the Federal Power Commission (Docket 121S3), Northern Natural Gas Company, wholesale supplier of natural gas, will be permitted to increase its wholesale gas price to Central Electric 4 Gas Company, the distributor of natural gas, on August'7, 1957• Such increased price will be collected by Northern under refunding bond pending' final determination by the Commission of the reasonableness of such increase. If the Commission orders Northern to refund to Central any monies collected under such refunding bond as a resat of Docket 12153, Central Electric & Gas Company agrees to make a "cost of gas" credit refund to its firm gas customers. The amount of such refund to each customer shall be computed by (1) dividing total refund redeived from Northern by total MCF purchased from Northern between August 7, 1957, and the effective date of the final wholesale price resulting from Docket 12153, -and (2) multiplying,.the resulting cents per MCF by the MCF of gas billed to such.. customer between the date on which the rates sett out in Section I hereof are first .charged. and the effective date of the final wholesale.price resulting from Docket 121253. ,_Such refund shall be made to Central's customers within a reasonable time after its receipt from Northern. That all ordinances and parts of ordinances in conflict with the provisions of this ordinande are hereby repealed. Rate - First 600 cubic feet or less $1.25 per Month Next 1,400 cubic feet o Cik 1.24 " MCF Next 3,000 " n ® .93 " " Next 5,000 " ro (� . 83 ro ►► Next 40,000 ti tt • 77 ti ro Next 50,000 " ro ( .705 " " Excess a00, 000 " ►' . 65 " " 2. Interruptible Gas Service Rate Availability - This is available only on a. contract basis to commercial or industrial customers whose requirements for natural,.gas amount to 1,600 cubic feet or more per hour, and who install and maintain sufficient stand -by equipment and stand -by fuel to take care of cus tomer's entire requirement during periods of curtailment of the use of natural gas by the gas service company in order to protect the service of its firm gas users. Rate - The rate for interruptible gas service shall be such rate as may be nutually agreed upon between the customer and the gas service company, but shall not be higher than the firm gas service rate set out above. SECTION IT SECTION .V This ordinance shall be effectiv from and after its passage and publication as required by law. FIRST READING 1093 The Mayor instructed the Clerk to read by title ordinance No. 688 of the City of Blair, Nebraska, The Clerk thereupon read the aforesaid Ordinance No. 688 by title upon its first reading. Whereupon Councilman Sorensen moved that said Ordinance No. 688 be approved on its first reading and its title agreed to. Councilman H. C. Kuhr seconded this motion. Councilman Johnson called for the question, The Mayor put the question and instructed the Clerk to call the roll for the vote on this motion. Yeas: Farnberg, Johnson, M, 0. Kuhr, H. C. Kuhr, Rabbass, Reeh, Sorensen and Wheeler. Nays: None. Absent: lone Motion: arried. OPENING The Mayor and Council of the City of Blair, Washington County, Nebraska met in regular session in the Council Chambers at 7:30 o'clock CP. M. Mayor Raymond C. Hansen presided. City Clerk L. W. Svendgaard recorded the proceedings of the meeting. The Mayor instructed the Clerk to call the roll. The Clerk called the roll and the following Councilmen were present. Farnberg, Johnson, M. 0. Kuhr, H. C. Kuhr, Rabbass, Reeh, Sorensen and Wheeler. the ROLL CALL ORDER OF BUSINESS 1098 Blair Nebraska July 2, 1957 Whereupon the. Mayor announced that the introduction of Ordinances was now in order. Whereupon it was moved by Councilman Reeh and seconded H. C. Kuhr that the minutes•of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No 689 be preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of Blair, Nebraska and that said separate and distinct volume be incorporated in and made a part of these proceedings the same as though spread at large herein. The Mayor instructed the Clerk to call the roll. roll and the following was the vote on,this motion. Yeas: Farnberg, Johnson, M. 0. Kuhr, H. C. Kuhr, Sorensen and Wheeler. Nays: None. Absent: None. Motion: Carried. The Clerk called Rabbass, Reeh, ORDINANCE NO. 689 Introduction of Ordinance No. 689 of the City of Blair, Nebraska and the matter now coming before the, Mayor and Council was the passage and.approval of Ordinance No. 669 of ' the City of Blair, Nebraska. This, Ordinance was introduced by Councilman Rabbass and is in U4rds and figures as follows: ORDINANCE NO. 689 AN ORDINANCE, Establishing, Sanitary Sewer District No 4 in the City, of Blair,. Nebraska, designating the purpose of said district, defining the limits and boundaries of said district. and providing for the manner of payment of the improvements in said Sewer District. • BE IT ORDAINED BY BY THE MAJOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: Section 1. A petition signed by more than sixty per cent of the resident owners owning proerty directly abutting upon the sewer line to be constructed along the north side of Front Street in the area hereinafter set forth by constructing a sewer, having been presented and filed with the City Clerk, there is.hereby created Sanitary Sewer District No, 4.of the City of Blair, Nebraska. Section 2. The sewer line to be established in said Sanitary Sewer District No. 4 will be along the north saide of Front Street from its intersection with Third Street on the west and Fourth. Street on the east. Section 3. The property included in said Sanitary,Sewer District No. 4 and subject to s assessment to pay for the costs and expenses.of said improvements in said Sanitary Sewer District is all.of the.privately owned lots, parts of lots and tracts of land, and the lots, parts of or tracts of land owned by any municipal or public corporation and abutting upon or adjacent to said sewer line so to be constructed, to -wit: Lots One, Two, Three, Four, Five and Six in Block Thirty in the,City'of Blair, Washington County, Nebraska, Section 4. The sewer improvement of be made on said north Alide of Front Street as aforesaid shall be to install and construct a sewer line to conform to the existing sanitary sewer system of the City of Blair and said improvement to be 'made according, to. plans, specifications and estimates of cost to be prepared by the Special Engineer and filed with the City Clerk and to be approved by the Mayor and Council of said City. 1099 Section 5, The Cost of said sewer improvement in said sanitary sewer district shall be paid out .of a fund created by the levy of assessments the lots and Parcels of land n thereb said sanitary sewer district benefited on Y in proportion to such benefits and by for the payment of the cost of said sewer improvement City in out said of saidf Y sanitar funds sewer district, all as by the St'atutues of the State of nebraska in such case made and provided s Section 6. This ordinance shall take effect and be after tis passage, approval and publication in accordanceiwithrlaw, and Passed and approved t _ 2nd day of< :"may, 1957. FIRST READING The Mayor instructed the Clerk to read by title Ordinance No. 689 of the City of Blair, Nebraska Ordinance No.. 689 by The Clerk thereupon read the aforesaid 9 y title upon its first reading Whereupon Councilman Reeh moved that said Orciiiance No, 689 b approved on its first.reading and its title be R. C. Kuhr seconded. this motion, agreed to. Counci lman Councilman, Johnson called for the question, The Mayer question and instructed the Clerk to call the roll for the vote on m Yeas: Farnberg, motion. gr and Wheeler, O. Kuhr, R. C. Kuhr, Rabbass, Reeh, Sorensen Nays: None, Absent: None, • Motion: Carried, Whereupon the Mayor declared said Ordinance No. 689 first reading and its title a reed to, approved on its SUSPENSION OF RULES Whereupon it was moved by C. Kuhr that the y Councilman Rabbass and seconded by Councilman H. C. Kuh be tusended oty es in regard to the a s approved and said Ordinance might beintroduced, read" of Pa ssed at the same meeting. Councilman Johnson called for the e question and instructed the Clerk to call the roll and the folio the the vote on this motion, lowing was Yeas: Farnberg, Johnson, M. Sorensen and Wheeler 0• Kuhr, H. C. Kuhr, Rabbass, Reeh, Nays: None, Absent: None, Motion: Carried. or Wher ®upon the Ma passage reu a Y declared the statutory rules in re might a read dappproval of ordinances suspended so the Ordinance No. 689 the Ordinance be the by and and re ehe f and second times time, at the same "nays", each time called and recorded o the third meeting,. rded, a ap pproved and SECOND READING Ordinance No, 689 now comes on for the second reading, the Clerk•to read said Ordinance No. 689 b second reading, seine The Mayor 9 y title upon its Whereupon Councilman Johnson moved that Ordinance seconded this motion, agreed to. Councilman M. 0. approved upon its second reading and its title . . Kuhr Councilman Rabbass called for the and instructed the Clerk to call 'the roll e for othe - The Mayor put the Balled the roll and the following was vbte thereon. question g s the vote on this The Clerk question. . The Mayor and Council of the City of Blair, Washington County, Nebraska met in regular session in the Council Chambers at 7:30 o'clock P. M. Mayor Raymond C. Hansen presided. City Clerk L. W. Svendgaard recorded the proceedings of the meeting. ROLL CALL The Mayor instructed the Clerk to call the roll. The Clerk called the roll. and the following Councilmen were present. Farnberg, Johnson, M. O. Kuhr; H. C. Kuhr, Rabbass, Reeh, Sorensen and Wheeler. Whereupon the Mayor announced that the introduction of Ordinances was now in order. Whereupon it was moved by Councilman Sorensen and seconded by Reeh that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 690 be preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of Blair, Nebraska and that said separate and distinct volume be incorporated in and made a part of these proceedings the same as though spread at large'herein. The Mayor instructed the Clerk to call the roll. The Clerk called the roll and the following was the vote on this motion. Yeas: Farnberg, Johnson, M. O. Kuhr, H. C. Kuhr, Rabbass, Reeh, Sorensen and Wheeler. Nays: None :- Absent>: =None Introduction of Ordinance No. 69 690 fNe the City of the matter now coming before the Mayor and Council as of .Ordinance No. 690 of the City of Blair, Nebraska. introducted by Councilman Johnson and is in workd and ORDINANCES .IR (:u1V r,bi c inm,nr,nJ.iss. Be it ordained by the Mayor and Council of the City of Blair, Nebraska: Section 1. That Ordinance No. 65,E of the Ordinances of the City of Blair entitled "Occupation "Tax" be amended so that Section 1 will read "Music machine .coin operated,:for.each. machine or system $2.00 per yeart° Section. 2. That Ordinance No. 655 of the Ordinances of City of Blair entitled "occupation Tax" be amended so that Section 2 will read, "Pin ball machines for anusement only on each machine $2,00 per year." Section 3. That Ordinance No. 614 and No. 655 of the Ordinances of the City of Blair entitled "Occupation Tax" be amended to include the following: For all coin operated anusement machines, of any nature, not previously covered by the Occupational Tax Ordinance as amended, for each machine $2.00 per year. Section 4. That all ordinances or parts of ordinances in conflict therewith are hereby repealed. Section 5. This Ordinance shall take effect and be in force from and after its passage,'approval and publication, as required by law, ATTEST: Passed and approved this 2nd day of July (Seal) OPENING ORDER OF BUSINESS 1103 Blair, Nebraska July' 2, 1957 Blair, Nebraska and the passage and approval This Ordinance was figures as follows: OPENING The Mayor and Council of the City of Blair, Washington County, Nebraska met in regular session in the Council Chambers at 7:30 o'clock P. M. Mayor Raymond 0, Hansen presided. City Clerk L. W. Svendgaard recorded the proceedings of the meeting, ROLL CALL The Mayor instructed the Clerk to call the roll: The Clerk called the roll and the folloting Councilmen were present: Farnberg, Johnson,' M. 0. Kuhr, H, C. Kuhr, Reeh, Sorensen and Wheeler, Councilman Rabbass was absent. BE IT ORDAINED BY T 'ORDER OF BUSINESS 1108 Blair, Nebraska July 16, 1957 Whereupon the Mayor announced that the introduction of Ordinances was now in order. Whereupon it was moved by Councilman Reeh and seconded by Councilman Johnson that the minutes of the proceedings of the Mayor and Council in the Matter of the passage and approval of'Ordinance No. 691 be preserved and kept in a.separate and distinct volume known as the Ordinance Record of the City of Blair, Nebraska and that said separate and distinct volume be incorporated in and made a part of these proceedings the same as though spread at large herein, The Mayor instructed the Clerk to call the roll, The Clerk , called the roll and the following was the vote on this motion. Yeas: Farnberg, Johnson, M. O. Kuhr, H. C. Kuhr, Reeh, Sorensen and Wheeler. Nays: None, Absent: Rabbass. Motion: Carried. dRDINA*'cE ' N0. ' 691' Introduction of Ordinance'No. 691' of the City of Blair, Nebraska and the matter now coming before.the Mayor and Council was the passage and approval'of Ordinance N©. 691 ofthe City of Blair, Nebraska. This Ordinance was introduced by Councilman Wheeler and is in words and figures as follows: ORDINANCE NO. 691 1N:`'ORDINANCE, establishing Street Improvement District No. 31 in the City of Blair, Nebraska, designating the purpose of said district, defining the limits and boundaries of said district and providing for the manner of payment bf the` street improvement therein. MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: Section 1. A petition signed by more than sixty per cent of the resident owners owning property directly abutting upon the street to be improved as hereinafter set forth, petitioning for the improvement of Hollostone Drive in the area here rafter` set forth by paving the same, having been presented and filed with the City Clerk, there is hereby created Street Improvement' District No, 31 of the City of Blair, Nebraska. Section 2. The street to be improved in said 'Street Improvement District No. 31 is Hollost©ne' Drive in said City of Blair, 'Nebraska, from its intersection on the west with Butler Street in said City east to its intersection with Butler Street in the City of Blair, Section 3. The. property included in said Street Improvement District No. 31 and subject to special asse'esment to pay for the costs and expenses of said street improvement is all of the privately owned lots, parts of lots and tracts of land and the lots, parts of or tracts of land owned by any municipal or public corporation and abutting upon or adjacent to said street so to be improved, to -wit: Lots -One, Two, Three, Four, en, Eight, Nine, Ten, Eleven, Twelve, Thirteen and Fourteen in Hollostone Addition to the City of Blair, Washington County, Nebraska, and Lots One to Six in.Block 1 in Prairie Park Addition to. the City of Blair, Washington County, Nebraska. Section 4. The street improvement to be made on,sa.id Hollostone Drive shall be to pave the same 20 feet in width, the grade to conform to,the existing grades in said City of, Blair and said improvement to be made according to plans, specifications and estimates of cost to be prepared by the Special Engineer and filed with the City Clerk and to be approved by the Mayor and Council of said City. Section 5, The cost of said street improvement in said improvement district shall be paid out of a fund created by the levy of assessments on the lots and parcels of land in said street improvement district benefited thereby in proportion to such benefits and by said City out of public funds for the payment, of the cost of said street improvement of the street or alley intersections, all as by the Statutes of the State of Nebraska in such cases made and provided. Section 6, This ordinance shall take effect and be in force from and after its passage, approval and publication in accordance with law. .P SSed and a... -: this 16th day of July, 1957. ATTEST: i .44 (Seal) City Cl �JIRST • ING 1109 The Mayor instructed the Clerk to read by title Ordinance No. 691 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance.No. 691 by title upon its first reading.. Whereupon Councilman Johnson moved that said Ordinance No. 691 be ,approved on its first reading and its title agreed to. Councilman Sorensen seconded this motion. Councilman Wheeler called for the question. The Mayor put the question and instructed the Clerk to call the roll for the vote on this motion. Yeas: Farnberg, Johnson, M,.O. Kuhr, H. C. Kuhr, Reeh, Sorensen and Wheeler, Nays: None. Absent: Rabbass. Motion: Carried. Whereupon the Mayor declared said Ordinance No. 691 approved on its first reading and its title agreed to SUSPENSIONOF.RULES Whereupon it was moved by Councilman H. C. Kuhr and seconded by Councilman M. O. Kuhr that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said 0rd might be introduced, read,: approved and passed at the, same mee,t.ing. '. Councilman Farnberg called for the question. The Mayor put the question and instructed ,the Clerk to call the roll and the following was the vote on this motion., OPINING The Mayor and Council of the City of Blair, Washington County, Nebraska met in regularly adjourned session in the Council Cha at k; 00° o'clock P. M. Mayor Raymond C. Hansen presided. City Clerk L. W. Svendgaard recorded the proceedings of the meeting. ROLL CALL 1114 Blair, Nebraska December 10, 1957 The Mayor instructed the Clerk to call the roll. The .Clerk called the roll and the following Councilmen'were present: Farnberg, Johnson, M. 0. Kuhr, H. C. Buhr, Rabbass, Reeh, Sorensen. Councilman Wheeler was absent. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of Ordinances was now in order. Whereupon it was moved by Councilman.Reeh and seconded by Councilman Rabbass that the minutes of the proceedings of the Mayor.and Council in the matter of the passage and approval of Ordinance No. 692 be preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of Blair, Nebraska and that said separate and distinct volume be incorporated in and made a part of these proceedings the same as though spread at large herein. The Mayor instructed the Clerk to call the roll. The Clerk called the roll and the following was the vote,on this motion. Yeas: Farnberg, Johnson, M. 0. Kuhr, H. C. Kuhr, and Sorensen. Nays: None. Absent: Wheeler. Motion: Carried. Rabbass, Reeh, ORDINANCE 692 Introduction of Ordinance No. 692 of the City* of Blair, Nebraska Land the matter now coming before the Mayor and Council was the passage approval of Ordinance No. 692 of the City of Blair Nebraska. This Ordinance was :.introduced by Councilman M. O. Kuhr and is in words and figures as follows: ORDINANCE NO. 692 AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $525,000 PRINCIPAL AMOUNT OF COMBINED ELECTRIC AND WATER UTILITIES xBv.rAuB BONDS OF THE CITY OF BLAIR, NEBRASKA, FOR T :i. PURPOSE OF EXTENDING AND IMPROVING THE ELECTRIC LIGHT AND POWER PLANT AND SYSTEM AND THE WATER PLANT AND SYSTEM OF SAID CITY, PRESCRIBING THE FORM AND DETAILS OF SAID REVENUE BONDS AND THE COVENANTS AND. AGREEMENTS MADE BY SAID CITY TO FACILITATE AND PROTECT THE PAYMENT THEREOF, AND PROVIDING FOR TBE COLLECTION, SEGREGATION, PLEDGING AND APPLICATION OF THE REVENUES OF SAID MUNICIPAL UTILITIES FOR TEE PURPOSE OF PAYING THE COST OF OPERATION AND MAINTENANCE OF SAID UTILITIES AND PAYING THE INTEREST ON AND PRINCIPAL OF SAID REVENUE BONDS, WHEREAS, the Board of Public Works and the Mayor and Council of the City of Blair, Nebraska(said City sometimes being hereinafter referred to as the "Cit have heretofore determined that the electric light and power plant and system and the water plant and system owned and operated by said City should be extended and improved and for - that purpose have heretofore caused preliminary plans and specifications for the propsed extensions and improvements and estimates of the cost thereof to be made by the City's special, engineers, Fulton & Cramer and Leo A., Daly Company, and the same have been duly filed and approved by the Board of Public Works and by the Mayor and Council of said City, such extensions and improvements including the purchase and installation of an additional Diesel electric generating unit and auxiliaries in the City's electric light and power,plant and system and the construction of new wells and water, lines and the enlargement of the water treatment and filtration facilities of the City's water plant and system, and 11 WAS, in addition to cash funds on hand the Board of Public Works and the Mayor and Council of said City have determined and the Mayor and Council of said City do hereby determine that it is necessary that said City issue its Combined Electric and Water Utilities Revenue Bonds in the principal amount of $525,000, payable out of the combined revenues and earning of the electric light and power plant and system and the water plant and system of said City, for the purpose of paying the cost of said extensions and improvements, and WHEREAS, the City does not have outstanding any revenue bonds or other obligations payable from the revenues and earnings of the City's electric light and power plant and system and the only revenue bonds or other obligations of the City now outstanding which are payable from .the revenues and earnings of the City's water plant and system are $25,000 principal amount of Water Revenue Bonds of the City dated June 1,•1953, be— coming due serially on June 1 in the years 1958 to 1965, inclusive, bearing interest at the rates of 2 1/2% and 2 3/4% per annum, payable semiannually on June 1 and December 1 in each year, authorized by Ordinance No. 663 of said City, passed and approved May 19, 1953, said bonds being callable at any time on or after five years from their date,.and the City has duly called—all of said outstanding water revenue bonds for payment on June 1, 1958, and has paid to the County Treasurer of Washington County, Nebraska, the full amount required to pay said bonds, both principal and interest, on June 1, 1958, and has authorized and directed said County Treasure to make payment of said bonds together with the interest thereon to Junel, 1958, upon the presentation and surrender of said bonds and the interest coupons attached thereto, and WHEREAS, all action required to be taken by the City precedent to the authorization and issuance of the Combined Electric and Water Utilities 'Revenue Bonds of the City in the principal amount'of $525,000. hereinafter authorized has been duly taken, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL 'O ' THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: Section 1. That it is hereby found and determined to be necessary that the electric light and power plant and system owned and operated by the City of Blair, Nebraska, and the water plant and system owned and operated by said City be extended and improved in accordance with the plans and specifications of the City's special engineers hereinbefore referred to at a cost in excess of $525,000; that such extensions and improvements shall be made; and that to pay $525,000 of such cost there shall be and thereare hereby authorized and directed to.be issued a series of Combined Electric and Water Utilities Revenue Bonds of the City of Blair, Nebraska, in the principal amount of $525,000 to be designated as Series No. 1, sometimes hereinafter referred to as the "revenue bonds" or the "bonds," to be payable out of the combined revenues and earnings of the electric light and power plant and system and the water plant and system of said City as herein after provided. Section 2., That said series of Combined Electric and Water Utilities Revenue B onds,'Series No. 1, of the City shall consist of 525 bonds, each in the denomination of $1,000. dated December 1, 1957, numbered, bearing interest at the rates and becoming due serially on December 1 in each year as follows: Maturity Annual Rate Numbers Amount December 1 of Interest 1 — 35 $35, 000 1958 4 ]:/$% 3 - 71 36,000 1959 4 1/2% 72 - 109 38,000 1960 4 1/2% 110 - 148 39,000 1961 4 1/2% 149 - 189 41,000 1962 4 1/2% 190 - 231: 42,000 1963 3 1/2% 232 -- 275 44, 000 1964 3 1 /2% 276 - 321 46,00o 1965 3 1/2% 322 - 369 48,000 1966 3 1/2% 37o -- 419 50,•000 1967 3 1/2% 420 - 471 52,000 1968 3 1/2% 4 7 2 - 525 54,000 1969 3 1/2% Interest on said bonds at the rates aforesaid shall be payable semiannually on June 1 and December 1 in each year. Bonds numbered 1 to 189, inclusive, shall become due without option of prior payment. Bonds numbered 190 to 525, inclusive, and each of them may be called for redemption,and.payment in inverse numerical order at the option of the City on December 1, 1962, or any time thereafter at par and accrued interest to date of redemption. In the event of the redemption of any of said bonds prior to maturity the City will give notice thereof by publication once in a financial or legal newspaper or journal of general circulation pbulished in the City of Kansas City, Missouri, not less than thirty days prior to the redemption date, and the City will also give not less than thirty days' notice of such redemption by United,States registered mail addressed to The First Trust Company of Lincoln, Nebraska, and to Stern Brothers & 0o., Kansas City, Missouri, Such notice shall specify the numbers of the bonds to be redeemed and the date of redemption. Section 1,. That both principal of and interest on said Combined Electric and Water Utilities Revenue Bonds, Series No, 1, shall be payable in lawful money of the United States of America at the office of the Treasurer of Washington County, Nebraska, in the City of Blair, Nebraska, Said bonds shall be executed on behalf of the City by the Mayor and City Clerk and Shall. have the seal of the City affixed thereto, Interest coupons shall be attached to said bonds executed on behalf of the City by the facsimile 'signatures of said Mayor and City Clerk who, by executing said bonds, shall be deemed to have adopted said facsimile signatures on said interest coupons as their own proper signatures. . Said bonds and the interest thereon shall be payable out of the combined revenues and earnings of the electric light and power plant and system and the water plant and system of the City including the revenues and earnings of all extensions and improvements to said utilities, and said bonds shall be a lien upon and shall be secured by a pledge of said revenues and earnings' of.said utilites, Said bonds shall not be general obligations of the City and no taxes shall.be levied for their payment, either principal or interest. Section 4 That said bonds, Series No. 1, herein authorized and the interest coupons to be attached thereto shall be in substantially the following form: NO. UNITED STATES OF AMEFICA STATE OF NEBRASKA COUNTY OF WASHINGTON CITY OF BLA.IR COMBINED ELECTRIC AND WATER UTILITIES . ±t.;Y .ilvw. ;BOND, SERIES N0: 1 1116 $1,000 KNOW ALL MEN BY THESE PRESABI S: That the City of Blair, in the County . of Washington, State of Nebraska, for value received hereby promises to pay to the bearer hereof, solely from the Combined Electric and Water Utilities Fund of the City of Blair, Nebraska, as hereinafter mentioned and not other— wise, the sum of ( %) per annum (likewise payable solely from said Combined Electric and Water Utilities Fund), payable semiannually on June 1 and December 1 in each year after the date hereof until the said principal sum shall have been paid, upon presentation and surrender of the respective interest coupons hereto attached as said coupons severally become due. Both principal of and interest on this bond are hereby made payable in lawful money of the United States of America at the office of the Treasurer of Washington County, Nebraska, in the City of Blair, Nebraska, Insert here, in bonds numbered 190 to 525, inclusive, the following paragraph: THIS BOND may be called for redemption and payment at the option of the City of Blair, Nebraska, on or after December 1, 1962, at the pax value thereof together with accrued interest thereon to date of redemption and payment, All of the bonds of the series of which this bond is one which are subject to redemption and payment prior to their ultimate maturity, being bonds numbered 190 to 525, inclusive, .shall be redeemed and paid prior to maturity only in inverse numerical order, the outstanding bond having the highest number being the first bond called for payment. Notice of the intention of the City to redeem any or all of said bonds, said notice specifying the numbers of the bonds to be redeemed gnd the date of redemption, will be published once in a 1117 financial or legal newspaper or journal of general circulation - - published• in the City of Kansas City, Missouri, not less than thirty days prior to the redemption date and the City will also give not less than thirty days' notice of such redemption by United States registered mail addressed to The First Trust Oompany of Lincoln, Nebraska, and to Stern Brothers & Co., Kansas City, Missouri, If this bond be called for redemption and payment prior to maturity as aforesaid, interest on this bond shall cease from and after the date for which,such call is made provided funds are available for its payment at the price hereinbefore specified. THIS BOND is one of a seried 525 bonds, nmmber.ed from :1 to 525, inclusive, of like date, denomination and tenor, excepting number, rate of interest, privilege of redemption and maturity, aggregating the principal amount of $525,000, issued by the City of Blair, Nebraska, under the authority of Sections 19 -1305 to 19 -1308, inclusive, Revised Statutes of Nebraska, 1943, and all amendments thereof and all other laws applicable thereto, and pursuant to an ordinance duly passed and approved and proceedings, duly had by the Mayor and Council of said City, for the purpose of paying the cost of extensions and improvements in and to the electric light and power plant and system and to the.water plant and system of said City. THIS BOND and the interest hereon are payable aut of the combined revenues and earnings of the electric light and power plant and system and the water plant and system of said City, including the revenues and earnings of all extensions and improvements to said utilities, and the aeries of revenue bonds of the City of which this bond is one is a lien upon and is secured by a pledge of said revenues and earnings of said utilities, Under the ordinance of said City duly passed sand approved, the revenues to be derived from the operation of the electric and water utilities of'said City, including the revenues of all extensions and improvements thereto, shall be deposited in a separate fund designated as the "Combined Electric and Water Utilites Fund" of said City, which shall be used only in paying the reasonable expenses of operation, maintenance and repair of the City's electric and water utilities, paying the principal of and interest on the bonds of said City that are issued under the authority of the statutes of the State of Nebraska and the ordinances of said City and which are payable by their terms from the combined revenues of said utilities, making extensions or improvements in or to said utilities in accordance with the provisions of the ordinance hereinbefore referred to, and Otherwise as specified in said ordinance. This bond does not constitute a general obligation of said City and no taxes shall be levied for its.payment. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required to be done prededent to and in the issuance of this bond have been done and have happened and have been performed in regular and due form of law and that provision has been made for depositing in said Combined • Electric and Water Utilites Fund revenues to be derived from the operation of said electric and water utilities to be applied in the manner hereinbefore referred to. And said City further covenants that it will fix, establish, maintain and collect such rates, fees or charges for the services of the electric light and power plant and system and the water plant and system of the City, including all extensions and improvements thereto, as will produce revenues sufficient to provide funds to pay the expense of operating, maintaining and repairing said and to pay promptly when due the principal of and interest on this bond and all other revenue bonds of the City payable from said revenues. IN WITNESS WHEREOF, the City of Blair, Washington Qounty, Nebraska, by its Mayor and Council, has caused this bond to be'signed by its Mayor, its corporate seal to be hereto affixed and attested by the City Clerk, and the coupons hereto attached to be signed by the facsimile signatures of said Mayor and City Clerk, which officials, by the execution of this bond, do adopt as and for their own proper signatures their respective facsimile signatures appearing on said coupons, and this bond to be dated this First d of December, 1957. (FORM OF COUPON) June 1 December 1 On bonds numbered 1 to 189,incl., 4 1/2% $22.50 $22.50 On bonds numbered 190 to 525,incl,, 3 1/2% $17,50 $17.50 Coupon $ No June, On the First day of December, 19 , the City of Blair, Washington County Nebraska, will pay to solely out of the Combined Electric and Water Utilites Fund of said City, the sum of Dollars and Cents in lawful money of the United States of America, at,the office of the Treasurer of Washington County, in the City of Blair, Nebraska, being six months interest then due on its Combined Electric and Water Utilities Revenue Bond, Series No. 1, dated December 1, 1957, No. . (facsimile) ATTEST: . City Clerk ...... _a.__a_______.r. STATE OF NEBRASKA, Office of the Auditor of Public Accounts. I, the undersigned, Auditor of Public Accounts of the State of Nebraska, do hereby certify that the within bond has been presented to me, together with a duly certified transcript of all proceedings had previous to the issuance thereof, and that I have examined the within bond and said proceedings and am satisfied that said bond has been legally issued for a lawful purpose, and I hereby certify that said bond has been regularly and legally issued and has been registered in my office in accordance with the provisions of the Revised Statutes of Nebraska, 1943, as amended(the data filed in my office being the basis of this certificate). WITNESS my hand and seal of office this 195. , STATE OF NEBRASKA, County of Washington R€igistry No. Book No. Page No. (FORM OF CERTIFICATE OF STATE AUDITOR) (FORM OF COUNTY CLEWS CERTIFICATE) 1118 day of , Auditor of Public Accounts. I, the undersigned, County Clerk of the County aforesaid, do hereby dertify that the within bond has been registered in my office pursuant to the provisions of the Revised Statutues of Nebraska, 1943, as amended. WITNESS my hand and the seal of said County this day of ,, 195 « County Clerk Coupons on Mayor 1119 Section . 5. ' upon_ the .execution of -said - bonds and. their registration by the County Clerk of Washington County, Nebraska, and by the Auditor of Public Accounts of the State of Nebraska, said bonds shall be derived to The First Trust Company of Lincoln, Nebraska, and to Stern Brothers & Co., the purchasers thereof, upon payment of the purchase price of said bonds. The principal, amount received by said.City from the sale of said bonds shall be deposited in a separate account which is hereby created and designated as the "Construction Fund Account, Series No;. 1, shall be used for the purpose of making the extensions and improvements in and to the.electric and water utilities of the City as hereinbefore provided. Withdrawals from said fund shall.be made only on duly authorized and. executed warrant therefor accompanied by a certif idate executed by the City's engineer or the manager of the City's utilities, that such,payment is being made for a the scope of this ordinance and that the amount of such purpose. within payment the contract p ment represents price of the labor, material or service being paid for, or if such payment is not being made pursuant to an express contract, that such payment is not in excess of the reasonable value thereof. If upon the completion_of the making of said extensions and improvements any funds shall remain in said Construction Fund Account, Series No. 1, said funds shall be transferred and deposited in the "Sinking Fund for Combined Electric and Water Utilities Revenue Bonds, Series, No.1, + dated December 1, 1957," created by Section 5 of this ordinance. The amount received by said City on account of accrued interest on said.bonds and any premium thereon shall likewise be deposited in .said "Sinking Fund for Combined Electric and Water Utilities Revenue Bonds, Series No. 1, dated December 1 1957." Section 6. That so long as any of the Combined Electric and Water Utilities Revenue Bonds, Series No. 1, of the City of Blair, Nebraska, herein authorized, remain outstanding and unpaid., the combined revenues and earnings of the electric light and power plant and system and the water plant and system of said City including the revenues and earnings of all extensions and improvements to said utilities shall be pledged and hypothecated to secure the payment of said bonds.and any combined electric and water utility revenue bonds of the City hereafter issued under the conditions hereinafter in this ordinance specified. Section 7 That the City covenants and agrees that so long as any of the bonds herein authorized remain outstanding and unpaid, the City will operate its electric and water utilities on a fiscal year basis, beginning on the first day of May and ending on the next succeeding last day of April, and that from and after December 1, 1957, and continuing so long as any of the bonds herein authorized remain outstanding and unpaid all of the revenues derived and to be derived by the City from the operation of its electric and water utilites, including the revenues of all extensions and improvements to said utilities, will be paid and deposited in a separate fund hereby created to be known and sometimes herein referred to as the "Combined Electric and Water Utilities Fund," and that such revenues will not be mingled with the other funds of the City. Section 8. That there are hereby created and ordered to be established four separate funds and accounts, each of which shall constitute a special trust fund or account, for the purpose of handling the revenues derived and to be derived from the City's, electric and water utilities, said funds and accounts being hereby designated and to be known respectively as follows: (a) "Operation and Maintenance Account," (b) "Sinking Fund for Combined Electric and Water Utilities Revenue Bonds, Series No. 1, dated December 1, 1957, sometimes hereinafter referred to as the "Bond Sinking Fund," (c) "Reserve Account for Combined Electric and Water Utilities Revenne.Bond.s, Series No. 1, dated December 1, 1957," sometimes hereinafter referred to as the "Bond Reserve Account," (d) "Electric and Water Utilities Surplus Account," sometimes- hereinafter referred to as the "Surplus Account." Said .four fund and accounts shall be maintained and administered by. the City as hereinafter provided so long as, any of the bonds herein authorized remain outstanding. 1120 Section 9. The City covenants and agrees that monthly, beginning on• the first day of the month following the delivery of the bonds herein authorized and continuing on the first day of each succeeding month so long as any of the bonds herein authorized remain outstanding, the City will allocate and—credit all of the revenues at the time in the "Combined Electric and Water Utilities Fund" as follows: '(a) There shall first be credited to said "Operation and Maintenance Account" an amount sufficient to pay the estimate cost of operating and maintaining the City's electric and water utilities during the ensuing month (provid.ed, however, that the first amount credited to said account may also include, any amount required to pay part or all of the then current expenses of operating and maintaining said utilities in so fax as said expenses may remain unpaid). All amounts credited to said "Operation and Maintenance Account" shall be expended and used the City for the sole purpose of paying the reasonable and proper expenses of operating and maintaining said utilities and keeping the same in good repair and working order and without limiting the generality 'of the f oregoing,.may include salaries, wages, costs of materials and supplies, insurance, provision for employees' retirement plan, and cost of power. No moneys in said account shall be used for the purpose of enlarging or extending said" utilities. (b) There shall next be credited to and deposited in said "Bond Sinking Fund" the following amounts: (i) On the first day of each month beginning as of December 1, 1957, and continuing on the first day of each month thereafter so long as any of the bonds herein authorized remain outstanding and unpaid., an amount not less than one sixth of the amount of interest that will become due on the bonds on the next succeeding interest payment date, and (ii) On the first day ofeach month beginning as of December 1, 1957, and continuing on the first day of each month thereafter so long as any of the bonds herein authorized remain outstanding and unpaid, an maount not less than one twelfth of the amount of principal that will become due on the bonds on the next succeeding bond maturity date. All amounts credited to and deposited in said "Bond Sinking Fund" shall be expended and used by the City for the sole purpose of paying when due the principal of and interest on the bonds herein authorized. (c). There shall next be credited monthly to the "Bond Reserve Account" all moneys remaining in the "Combined Electric and Water Utilities Fund" until there shall have accumulated in said. "Bond Reserve Account an 'aggregate amount sufficient to pay the maximum amount of principal of and interest on the bonds herein authorized which will b ecome due in any subsequent fiscal year, said amount being sometimes hereinafter referred to as the "Maximum Reserve Amount" of said account. All amounts credited to said "Bond Reserve Account" shall be expended and used by the City solely to prevent any default in the payment of the principal of or interest on the bonds herein authorized if the moneys in the "Bond Sinking Fund" are insufficient to pay said principal or interest as they become due. No part of said "Bond Reserve Account" shall ever be used or expended by the City to call any of said bonds for payment prior.to their ultimate maturity unless there shall remain in said "Bond Reserve Account," after suchcall and payment,,the "Maximum Reserve Amount" as hereibefore defined. When and after moneys and investments in said "Bond Reserve Account" shall aggregate said "Maximum Reserve Amount," no further credits to said "Bond Reserve Account" shall be required, but if at any time or from time to time the City shall be compelled to use and expend any part of said "Bond Reserve Account" for the.purpose of paying the interest on or the principal of the bonds herein authorized and such expenditures shall reduce the amount of said "Bond Reserve Account" below the "Maximum Reserve Amount" aforesaid, then the City, after making all. credits and payments into. the "Operation and Maintenance Account" and into the "Bond Sinking Fund" at the time required to be made under the provisions of paragraphs (a) and (b) of this Section, shall credit to said "Bond Reserve Account" all remaining available moneys accruing to the "Combined Electric and Water Utilities Fund" until there shall have accumulated in said "Bond Reserve Account" the "Maximum Reserve Amount" aforesaid. The 1121 obligation of the City to make said credits to the "Bond Reserve Account" shall be subordinate to any obligation which the City may hereafter incur to pay from said "Combined Electric and Water Utilities Fund" the principal of and interest on any combined electric and water utilities revenue bonds hereafter issued 'b- the City in conformity with the provisions hereinafter contained and standing on a.parity with the bonds herein authorized. ' Moneys in said ."Bond Reserve'Fbnd" shall be used to pay and retire the last'outstanding, bonds herein authorized unless such bonds and all interest thereon be otherwise paid. (d) After making all credits and payments at the time required or permitted to be made by the City under theprovisions ofparagraphs (a), (b) and (c) of this Section, and after there shall have accumulated and be on hadn in the "Bond Reserve Account" the "Maximum Reserve Amount" hereinbefore specified, all remaining moneys in the "Combined Electric and Water Utilities Fund" shall be credited to the "Surplus Account" hereinbefore created and ordered to be established. Moneys in said "Surplus Account" shall be used solely for the following purposes: (i) Paying the cost of operation, maintenance and repair of the City's electric and water utilities if no other moneys are available therefor; (ii) Anticipating payments into or increasing'the amounts of the funds and accounts referred to in paragraphs (a), (b) and (c) of this Section, or any of them, or establishing or increasing the amount of any sinking fund or reserve account created by the City for the payment of any combined electric and water utilities revenue bonds of the City hereafter issued inconformity with the provisions hereinafter contained and standing on a parity with the bonds herein.authorized; (iii) Making extensions, improvements, enlargements or betterments of the City's'electric and water utilities; and (iv) Redeeming and paying prior to maturity the bonds herein authori.zed'or any other combined electric and water utilities revenue bonds of the City hereafter. issued in conformity with the provisions hereinafter contained and standing on a parity with the-bonds herein authorized, such redemption to be made in the manner, after the notice, and in accordance with the conditions:specif ied with respect to the redemption of such bonds, or if none of said combined electric and water utili.ties bonds are.at the time sub,jec to redemption, then for the purpose of purchasing at the market price thereof, any of said bonds. Bond so redeemed or. purchased shall be canceled. (v) Moneys in the "Surplus Account" may and shall be used by the City to pay the interest on or principal of the bonds herein authorized if the moneys in the "Bond Sinking Fund" and in the "Bond Reserve Account" are insufficient to pay the same as and when they become due. (e) So long as any of.the bonds herein authorized remain out— standing and unpaid, no moneys dereived by the City from the operation of its electric and water utilities shall be diverted or applied to the general governamental or municipal functions of the City. Section 10,. If at any time the revenues and earning derived by the City from the operation of its electric and. water utilities shall be insufficient to make any payment on the date or dates hereinbefore specified., the City will make good the amount of such deficiency by making additional payments out of the first available revenues thereafter received by the City from the operation of said utilities. 1122 Section 11. Any moneys held in the "Construction Fund Account, Series No. 1" and in the "Bond Sinking Fund" not immediately meed.ed for the purposes of such funds or accounts may be invested by the City unless prohibited by law in short term direct obligations of the United States .Government, provided, however, no such investment shall be made for a period extending longer than to the date when the moneys invested may be needed for the purpose for which such fund or account was created, Moneys held in the "Bond Reserve Account" and in the "Surplus Account" may be invested by the City unless prohibited by law in bonds or other direct obligations of the United States Government or unconditionally guaranteed as to the payment of principal and interest by the United States Government having a fixed redemption valvue or becoming due within five years from date of purchase (but maturing in any event prior to the maturity of the highest numbered bond herein authorized at the time outstanding). All interest on any investments held in any fund or account created by this,ordinance shall, accrue to and become a part of such fund or account, In determining the amount held in any fund or account under any of the provisions of this ordinance, obligations of the United States Government shall be valvued at the market value or the maturity value thereof, whichever is lower. If and when the amount held in any fund or account shall be in excess of the amount required by this ordinance, the City may direct that such excess be paid into the " Surplue Account." Section 12., The City of Blair, Nebraska, for itself and for and on behalf of its Board of Public Works, covenants with each of the purchasers and woners of the Combined Electric and Water Utilities Revenue Bonds of said City, Series No. 1, dated Decemberl, 1957, herein authorized. that, so long as any of said bonds remain outstanding and unpaid (a) the City will fix, establish,, maintain and collect such rates, fees or charges for electricity or electric service and water and water service furnished by and through the electric and water utilities of the City, including all extensions and improvements to said utilities here— after constructed or acquired by the City, which rates, fees or charges shall be sufficient to pay the cost of operating, maintaining and re— pairing said electric and water utilities, pay the principal of and interest on the bonds herein authorized and any other bonds of the City hereafter issued in' accordance with the provisions of this ordinance and payable from said revenues and to provide reasonable and adequate reserves as hereinbefore specified, (b) None of the facilities or services afforded by the electric or water utilities of the City will be furnished to any user( excepting the City itself) without, a reasonable charge being made therefor. In the event that the revenues derived by the City from its electric and water utilities shall at any time prove insufficient to pay the reasonable expense of operation and maintenance of said utilities and also to pay all principal of and interest on the combined electric and water utilities revenue bonds of the City as and when the same become due, then the City will thereafter pay into the "Combined Electric and Water Utilities Fund" hereinbefore established, a fair and reasonable payment for all electricity or electric service or water or water service or other facilities furnished the City or any of its departments by the electric or water utilites of the City, including all extensions and improvements thereto, and such payments will continue so long as the same may be necessary in order to prevent any default in the payment of the interest on or principal of the combined electric and water Utilities revenue bonds of the City, including the bonds herein authorized, or so long as any default in such payment shall exist. (c) The City will maintain in good repair and working order its electric and water utilites and will operate the same in any efficient manner and at reasonable costa In such operation the City will require the prompt payment of accounts for electric and water service and will discontinue service to any customer delinquent in the payment of his account for a specified period, which period shall not exceed sixty(60) days, 1123 (d) The City or its Board of Public Works will cause the Superintendent of the City'a electric and water utilities, or the Commissioner and Light Commissioner employed by said Board to make Water least once in every three years an examination of and report on the conditions and operations of the City's electric and water utilities. Such report shall make reference to any unusual or extraordinary items of maintenance and repair and any extensions or .improvements that may be needed in the. ensuing three -year period. A copy of each such report will be filed in the office of. the City Clerk and a duplicate copy will be forwarded promptly to The First Trust Company of Lincoln, Nebraska, and to Stern Brothers & co., of Kansas City, Missouri. (e). The City will not mortgage, pledge or otherwise encumber its electric or water utilities nor will it sell, lease or otherwise dispose of said utilities or any substantial: part thereof; provided, however, the City through its Board of Public Works, may dispose of any property which has become obsolete, nonproductive, or otherwise unusuable to the advantabe of the City, ' Any cash proceeds derived from the sale of such property shall become apart of the "Combined Electric and Water Utilities Fund." (f) .The City through its Board of Public Works will carry and maintain a reasonable amount of comprehensive insurance upon the properties forming a part of its electric and water utilities in so far as they are of an insurable nature, the amount and character of such insurance being such as would normally be insured by a private corporation engaged in a similar type of business. In the event of loss or damage, the City through said Board with all reasonable dis- patch will use the proceeds of such insurance in reconstructing and replacing the property damaged or destroyed, or, if such reconstruction or replacement be unnecessary,. then in redeeming and paying outstanding combined electric and water utilities revenue bonds of the Cit from the revenues of the, combined electric and water utilities, including including only the bonds herein authorized or other combined electric and water utilities revenue bonds of the City hereafter issued in accordance with the conditions contained in this ordinance and standing on a parity with the bonds herein authorized, or, if none of such bonds be subject to redemption, then for purchasing at the market price thereof any of said outstanding combined electric and water utilities revenue bonds The City in operating its electric or water utilities through its Board of Public Works, will carry and maintain,public liability insurance in such amounts as would normally be. maintained by a private corporation engaged in a similar type of business and the proceeds derived from any such policies shall be used in paying the claims on account of which such proceeds were received, The cost of all insurance referred to in this paragraph (f) shall be.paid as an operating cost out of the revenues of the City's electric and water utilities.• (g) The City will keep and maintain proper books, records and accounts, separate from the City's general records and accounts, in which complete and correct entries will be made of all dealings and transactions of or in relation to the properties, business and affairs of the City's electric and water utilities. Such .accounts shall show the amount of revenue derived from such utilities, the application of such revenues, and all financial transactions in connection therewith. Said books shall be kept by the City according to standard accounting practices as applicable to the operation of electric and water utilities. Semiannually, as soon as possible following the close of each's.ix -month period of the fiscal year of the City's electric and water utilities hereinbefore established, and in any event within.ninety (90) days following the end of each six - month period, the City will cause a audit to be made by a. disinterested public accountant or firm of public accountants experienced in electric and water public utility accounting of the accounts of the City's electric and water utilities for the last preceding six -month period of said fiscal year, Each such audit in addition to such .matters as may be thought proper by said accountants, shil, without limiting the generality, of the foregoing, include the following: 1124 (i) A classified statement of the gross revenues, of the operating and maintenance expenses, excluding capital expenditures,•if any, and of the net operating revenues for said six-month period; (ii) A balance sheet as, of the end of such six -month period showing the amount on hand at the end of such period in each of the funds or accounts created or referred to in Sections 5., 7 and 8 of this ordinance; (iii) A statement showing the cost of .additions to the electric and water utility systems during such six months; (iv)• A statement of all combined electric and water utilities revenue bonds of the City called, purchased, matured., or paid during such six -month period and a statement of all interest paid during such period on all combined electric and water utilities revenue bonds of the City; (v) A statement of the number of customers served by the electric and water utilities at the beginning and also at the end of such six -month period, the quanity of electric energy and water produced, and the quantity of electric energy and water billed; (vi) A statement showing the amount and character of the insurance carried by the City on the property constituting its electric and water utilities and showing the names of the insurers,.the expiration dates of the policies, and the premimums thereon; and (vii) Comments relative to the manner in which the system has been operated and as to the fulfillment of the covenants and provisions contained in this ordinance and as to the City'.s accounting practives, and such other comments as said accountants may deem appropriate. .Within thirty (30) days after the completion of each such audit, said accountants shall file a copy thereof in the office of the City Clerk where it shall be open to public inspection, and the accountants shall promptly forward a copy of each such audit to The First Trust Company of Lincoln, Nebraska, and. to Stern Brothers & Co., of Kansas City, Missouri. (h) The holder of any of the bonds herein authorized, or his duly authorized representative, shall have the right at all reasonable times to inspect the City's electric and water utilities and all records, accounts and data relating thereto, and any such holder shall be furnished by the City with all such information concerning said utilities as he may reasonably request. .(i) The City will punctually perform all duties and obligations with respect to the operation and maintenance of its electric and water utilities now or hereafter imposed upon the City by the laws of the State of Nebraska and by the provisions of this ordinance. Section 13. The City of Blair, Nebraska, hereby covenants and agrees that so long as any of the bonds herein authorized remain out- standing and unpaid, said City will not issue any additional. bonds or other obligations payable out of the revenues of its electric and water utilities or any part thereof which are superior to the bonds herein authorized. Said City further covenants and agrees that so long as any of the bonds herein authorized remain outstanding and unpaid, said City will not issue any additional combined electric and water utilities revenue bonds on a parity or equality with the bonds herein authorized unless both of the following conditions are met; (a) The City shall not be in default in making any payment at the time required to be made by it into any of the funds or accounts created by this ordinance or required by law; 1125 (b) The net revenues - derived by the from the operation of its electric and water utility systems, such net revenues being defined as' the gross revenues less only the reasonable expenses of operation, maintenance and.'repair of such systems but before any.. other payments or charges, for twelve consecutive months within the fifteen consecutive months next preceding the issuance of additional bonds shall have been equal to at least One Hundred Fifty -per cent(150%) of the maximum amount required to be paid out of said revenues in any succeeding 'fiscal year on adcount of both principal.and interest becoming due with respect to all combined electric and water- revenue bonds.of the.City, including the additional combined electric and water utilities.revenue.bonds proposed to be issued. Additional combined electric and water utilities revenue bonds of the City issued in conformity with the conditions herein- - before in,this Sedtion set forth shhll stand on a pr.ity with the bondshereinauthorized and shall enjoy. complete equality of lien on the revenues of the City's electric and water utilities with the bonds herein authorized, and the City may make equal provision for paying'said bonds and the interest thereon out of the °Combined Electric and Water. Utilities Fund° and may likewise provide for the creation of a reasonable bond reserve account for the payment of such additional bonds and the interest thereon out of moneys in said ° Combined Electric and Water Utilities Fund". If the City shall not at the time be in default in the performance of any covenant, agreement or obligation contained in this ordinance, the City may issue additional combined electric and water utilities revenue bonds for the purpose of improving, extending, enlarging, repairing or altering .the City" electric and water utility. systems and provide that the principal of and interest ori. *aid revenue bonds shall be payable out of the revenues of said utilities, provided said revenue bonds shall be junior and subordinate to the revenue bonds herein authorized. In the event of the issuance :of any such junior and subordinate bonds, the City may pay the principal of and interest on such bonds from moneys in the ° Combined Electric and Water Utilities Fund° after making all payments and credits required at the time to be made under the provisions of paragraphs (a), (b) and (c) of Section 9 hereof. Section 14 The City covenants and agrees that in the event that default shall be made by.it in the payment of.the principal of or .interest on any of the bonds herein authorized after such principal or.interest shall become due, or in the event default shall be made by it in the payment of any of the bonds herein authorized when such bonds shall be called for redemption and payment, or in the event default shall be made by the City the performance of any other covenant or agreement made by it contained herein and such default shall continue for a period of thirty (30) days,-then at any time thereafter and while such default shall contineu, the holders of twenty-five per cent (25 %) in amount of the bonds herein authorized then outstanding may, by written notice to the City filed in the office of the City Clerk, declare the principal of all the - bonds herein authorized, then .eutstandingto be due and payable immediately, and upon any such declaration given as aforesaid, all of said bonds shall become and be immediately due and payable, anything in t his ordinance or in said bonds contained to the contrary notwithstanding. This provision, however, is subject to the condition that if at any time after the principal of said .bonds shall have been so•declared to be due -and payable, all arrears of :interest upon all of said outstanding bonds, except interest accrued but not yet due on such bonds, and all arrears of principal upon all of said bonds shall have been paid in full, and all other defaults, if any, by the City under the provisions of this ordinance and under the statutues of the State of Nebraska, shall have been cured, then and in every such case, the holders of a majority in amount of the bonds herein authorized then outstanding, by written notice to the City given as hereinbefore specified, may rescind and annul such declaration and its consequences, but no such rescission or annulment shall extend to or affect any subsequent default or impair any rights consequent thereon. Section 15. The provisions of this ordinance, including the covenants and agreements hereinbefore contained, shall constitute a contract by and between the City and the holders of the bonds herein authorized and'the holder of any one or more of the bonds shall ahve the right, for the equal benefit and protection of all holders of bonds similarly situated: 1126 (a) By mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the City, the Board of Public Works, and their agents and employees,, and to require and compel the City, said Board and their officers, agents, and employees to perform all duties and obligations required by the provisions of said ordinance or by the Constitution and laws of the State of Nebraska; (b) By suit, action. or other proceeding in equity or at law to require the City, the Board of Public Works and their officers, agents and employees to account as if they were the trustees of an express trust, (c) By suit, action or other proceeding in equity or at law to enjoin any acts or things which may be unlawful or in violation of the rights of the holders of the bonds, Nothing contained in this ordinance, however, shall be' construed as imposing on the City any duty or obligation to levy any taxes either to meet any obligation incurred herein or to pay the principal of or interest on the bonds herein authorized. . No remedy conferred hereby upon any holder of the bonds herein authorized is intended to be exclusive of any other remedy, but each such remedy is cumulative and in addition to every other remedy and may be exercised without exhausting.and without regard to any other remedy conferred hereby. No waiver of any default or breach of of duty or contract by the holder of any bond shall extend to or affect any subsequent default or breach of duty or contract or shall impair any rights or remedies thereon. No delay or omission of the holder to exercise any right or power accruing upon any default shall impaid any such right or power or shall be construed to be a waiver of any such default or acquiescence therein. Every substantive right and every remedy conferred upon the holders of the bonds may be enforced and exercised from time to time and as often as may be deemed expedient. In case any suit, action or proceeding to enforce any right or e any remedy shall be grought or taken and then discontined or abandoned, or shall be determined adversely to the holders of the bonds, then, and in every such case, the City and the holders of the bonds shall be restored to their former positions and rights and remedies as if no such suit, action or other proceeding had been broght or taken. Section 16. The provisions of, the bonds, authorized by this ordinance and the provisions of this ordinance may be modified or amended at any time by the City by ordinance duly passed andedopted by its governing body and consented or or approved in writing by the holders of not less than silty -six and two-thirds per, cent(66 2/3%) in aggregate principal amount of the bonds herein authorized at the time outstanding; provided, however, that no such modification or amendment shall permit or be construed as permitting(a) the extension of the paturity of the principal of any of the bonds herein authorized, or the extension of the maturity of any interest on any bonds herein authorized, or (b) a reduction in the principal amount of any bond or the rate of interest thereon, or (c) the creation of any lien upon or a pledge of the revenues derived and t,o be derived by the City from the operation of its electric and water utilities, or (d) a reduction in the aggregate principal amount of bonds the consent of the holders of which is required for any such amendment or modification. Any provision of the bonds or of this ordinance may, however, be modified or amended ).n any respect with the written consent of the holders of all of the bonds then outstanding. Every amendment or modification of a provision of the bonds or of this ordinance to which the written consent of the bondholders is given as above provided shall be expressed in an ordinance of the City amending or supplementing the provisions of this,ordinance and shall be deemed to be apart of this ordinance. It shall not be necessary to note on any of the outstanding bonds any reference to such amendment or modification, if any, a certified copy of each such amendatory or supplemental ordinance, if any, and a certified copy of this ordinance shall always be kept on file in the office of the City Clerk and shall be made available for inspection by the holder of any bond or prospective purchaser or holder of any bond authorized by this ordinance, and upon payment. of the reasonable cost of preparing the same, a certified copy of any suchamendatory or supplemental ordinance or of this ordinance will be sent by the City Clerk to any such bondholder or prospective bondholder, 1127 in t hie ordin Section 17,_, The ward "City": " as used ante -shall mean the City of Blair, Nebraska, and, unless the context shall otherwise require, shall include the Board of Public Works of said City. The terms " electric light and power plant and system. "electric system,," and "electric utility" as sued in this ordinance shall include all of the properties of the City now or hereafter used in providing electric service to the City and its inhabitants and in or to the territory adjacent thereto, and shall include all improvements, extensions and betterments to such electric utility hereafter - constructed or acquired by the City. The terms "water plant and system," "water system," and "water utility" as used in this ordinance shall include all of the properties of the. City now or hereafter used in providing water service to the City and its inhabitants and in or to the territory adjacent thereto, and shall include all. improvements, extensions and betterments. to such water utility hereafter constructed or acquired by the City. • Section 18. If any section or other part of this ordinance shall for any reason be held to be invalid, the validity of the remainder hereof shall not be affected thereby. Section 19. This ordinance shall take effect and be in force from and after its passage and approval as provided by law. PASSED AND APPROV.ftW this 10th d 1957.. ATTEST: (seal) FIRST READING The Mayor instrucf4the Clerk to read' by title Ordinance No. 692 of the CitY of Blair, Nebraska, The Clerk thereupon read the aforesaid Ordinance No. 692 by title upon its first reading. Whereupon Councilman Reeh moved that said Ordinance No. 692 be approved on its first reading and its title agreed to. Councilman Rabbass seconded this motion. Councilman H. C. Kuhr called for the question. The Mayor put the question and instructed the Clerk to call theroll for the vote on this motion, Yeas: Farnberg, Johnson, M. O. Kuhr, H. C. Kuhr, Rabbass, Reeh, and Sorensen, Nays: None. Absent: Wheeler. Motion: Carried. Whereupon the Mayor declared said Ordinance No. 692 approved on 1Uy first reading and its title agreed to. SUSPENSION OF RULES Whereupon it was moved by Councilman Reeh and seconded by Councilman Rabbass that the statutory rules in regard to the passage and adoption of ordinances be suspended so that said Ordinance might be introduced, read, approved and passed at the same meeting. Councilman H. C. Kuhr called for the question. The Mayor put the question and instructed the Clerk to call theroll and the following was the vote on this motion.