1980SECTION 1. That the rate charges, availability
and service specifications to customers of the municipal
electrical system of the City of Blair be fixed, specified
and set according to the terms and specifications of a
Resolution passed by the Board of Public Works on February 11,
1980, a copy of which Resolution is attached hereto marked
Exhibit "A" and by this reference made a part hereof, and
that all terms and specifications of said Resolution are
hereby adopted and ratified.
SECTION 2. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in force and
take full effect from and after its passage, approval and
publication as provided by law.
Passed and approved this 26th day of February,
1980.
ATTEST:
DO
AN ORDINANCE FIXING, SPECIFYING AND SETTING RATE CHARGES,
AVAILABILITY AND SERVICE SPECIFICATIONS TO CUSTOMERS OF
THE MUNICIPAL ELECTRICAL SYSTEM OF THE CITY OF BLAIR;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PRO -
VIDING WHEN THIS ORDINANCE SHALL BE IN FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA:
G
L
E. BUL CK, City Clerk
ORDINANCE NO. 1273
M. STANLEY N (N, Mayor
OFFICES OF
O•HANLON & O•HANLON
LAWYERS
BLAIR. NEBRASKA
STATE OF NEBRASKA )
WASHINGTON COUNTY )
.ss
DOUGLAS BULLOCK hereby certifies that he is the
duly appointed, qualified City Clerk of the City of Blair,
Nebraska, and that the above and foregoing Ordinance was
passed at a regular meeting of the Mayor and City Council
on the 26th day of February, 1980.
OOGL E. BULLOCK, City Clerk
OFFICES OF
O'HANLON & O'HANLON
LAWYERS
BLAIR. NEBRASKA
Be it resolved by the Board of Public Works of
the City of Blair, Nebraska, that the rate charges for electric
power to the customers of the municipal electric power plant
of said city and classifications of the various types of
customer usage and service be fixed and set by the adoption
of the general service rates, residential service rates and
electric service regulations all as set forth on Exhibits
1 and 2 respectively attached hereto and by this reference
made a part hereof.
Be it resolved that the general service rates,.
residential . service rates, and electric service regulations
as set forth on Exhibits 1 and 2 respectively attached hereto
shall be the sole criteria for the determination and setting
of rates for electric power to the customers of the municipal
electric power plant of Blair, Nebraska, and for the service
regulations and requirements to be provided by said munici-
pality and that all resolutions prior hereto setting said
charges, rates, services, regulations, and requirements are
hereby repealed.
Be it further resolved that the classifications and
terms hereinbefore fixed shall - be and go into effect with
the meter readings made for the billing period March 1, 1980
to April 1, 1980, which will be billed to the consumer on
or about May 1, 1980.
Passed and approved this llth day of February,
1980.
ATTEST:
it il,',4,0 /m42
( CHAPMANI Secretary
R E S O L U T I 0 N
4 0 _'// 1/y
HILTON RHOAD , Chairman
OFFICES OF
O'HANLON & O'HANLON
LAWYERS
BLAIR. NEBRASKA
t•.
BOARD OF PUBLIC WORKS
CITY OF BLAIR
RESIDL'•NT1AL SERVICE:
Availability: To single - family dwellings, farms, trailers, or
to each of the units of flats, apartment houses, or multi -
family dwellings, when such units are metered individually in
the City's Service Area. A "unit" shall be a trailer, apart-
ment, flat or unit of a multi - family dwelling, equipped with
cooking facilities.
The single phase, alternating current, electric service will
be supplied at the City's standard voltages, for residential
uses, when all electric service furnished under this Schedule
is measured by one meter. This Rate Schedule includes service
for air - conditioning motors not exceeding 7 1/2 horsepower
each, other motors not exceeding 3 horsepower each; but
excludes X -ray and other appliances producing abnormal voltage
fluctuations. The City shall not be required to furnish
transformer capacity in excess of 25KVA. Not applicable to
standby, breakdown, emergency, supplementary, shared or
resale service.
Gross Monthly Bill: Each customer shall be billed and shall
be obligated to pay for electricity used by the customer in an
amount determined by applying the usage of the customer according
to the Net Monthly Rate set forth hereinbelow plus 15 percent
of that amount added thereto.
Net Monthly Rate:
Summer
Winter
$4.59 for the first 20 kilowatt -hours
4.3 cents per kilowatt -hour for the next
630 kilowatt -hours
3.4 cents per kilowatt -hour for the next
850 kilowatt -hours
2.9 cents per kilowatt -hour for all over
1,500 kilowatt- hours.
$4.59 for the first 20 kilowatt -hours
4.3 cents per kilowatt -hour for the next
230 kilowatt -hours
2.8 cents per kilowatt -hour for the next
650 kilowatt -hours
2.3 cents per kilowatt -hour for all over
900 kilowatt- hours.
The summer rate shall apply to billing Y g periods for usage in
June through September and Winter rates shall apply to billing
periods for usage in October through May.
Minimum bill is $4.59.
A production adder may be added, at the option of the Board
of Public Works, to any monthly billing period with the amount
of the production adder to be determined from the previous
month's production adder as applied on the wholesale cost
of electricity and carried to the nearest one mill.
Contract Period: One year, or longer at City's option.
Discount; The customer shall be entitled to a discount of
the Gross Monthly Bill provided the customer remits full
payment of the amount due under the billing prior to the
llth day of the month following receipt of the bill to the
customer. If the lO th day of the month falls on a holiday,
Saturday, or Sunday, the customer shall have until the end
of the next business day to remit payment and be entitled
to said discount. The discount shall be computed as the
difference between the Gross Monthly Bi11 and the Net Monthly
Rate as defined hereinabove.
Large Farm Residential Service: Large Farm and Residential
Service may be provided under this Schedule for larger
motors, welders, crop dryers, snow melting equipment,
elevators, hoists or similar equipment; where the City's
distribution facilities are suitable for the service_ required.
Transformers larger than 25 KVA capacity may be installed
in accordance with the City's Service Regulations.
Special Conditions: If a building served through one meter
can be occupied as a residence by two, three or four families,
each family unit having separate cooking facilities, this
basic Schedule may be applied through mutual agreement
between the Consumer and the City, by multiplying the number
of kilowatt -hours in each block, except the minimum block,
of the Net Monthly Rate, by the number of dwelling units so
served;. otherwise, the General Service Schedule will apply.
The Consumer's water heating and space heating equipment
shall be a type approved by the City and shall be installed
in accordance with. the City's Service Regulations.
BOARD OF PUBLIC WORKS
CITY OF BLAIR
GENERAL SERVICE RATE:
Availability: To all consumers throughout the City of Blair
Service Area for single phase, or three phase if available,
alternating current, electric service at any of the City's
standard voltages, for all uses, when all the Consumers
service at one location is measured by one meter, unless a
Consumer takes emergency or special service as required by
the City's Service Regulations. Not applicable to standby,
breakdow -n, shared or resale service.
Gross Monthly Bill: Each customer shall be billed and shall
be obligated to pay for electricity used by the customer_ in
an amount determined by applying the usage of the customer
according to the Net Monthly Rate set forth hereinbelow plus
15 percent of that amount added thereto.
Net Monthly Rate:
Summer
Winter
$4.70 for the first 20 kilowatt -hours
6.0 cents per kilowatt -hour for the, next
80 kilowatt -hours
5.4 cents per kilowatt -hour for the next
900 kilowatt -hours
4.1 cents per kilowatt -hour for the next
6500 kilowatt -hours
4.1 cents per kilowatt -hour for the next
50 kilowatt -hours per kilowatt of billing
demand
2.9 cents per kilowatt -hour for the next
200 kilowatt -hours per kilowatt of billing
demand
2.1 cents per kilowatt -hour for all additional
kilowatt -hours
$4.70 for the first 20 kilowatt -hours
4.8 cents per kilowatt -hour for the next
980 kilowatt -hours
3.9 cents per kilowatt -hour for the next
6500 kilowatt -hours
3.9 cents per kilowatt -hour for the next
50 kilowatt-hours per kilowatt of billing
demand
2.7 cents per kilowatt -hour for the next
200 kilowatt -hours per kilowatt of billing
demand
1.9 cents per kilowatt -hours for all additional
kilowatt -hours
The summer rate shall apply to billing periods for usage in
June through September and winter rates shall apply to billing
periods for usage in October through May.
Minimum billing shall be $4.70, but not less than $1.90 per
kilowatt of billing demand, per month or any part thereof.
A production adder may be added, at the option of the Board
of Public Works, to any monthly billing period with the
amount of the production adder . to be determined from the
previous month's production adder as applied on the whole-
sale cost of electricity and carried to the nearest one mill.
Determination of Billing Demand: Demand for any billing
period, shall be the kilowatts, as shown by or computed
from the readings of the City's demand meter, for the 30-
minute period of the Consumer's greatest use during such
billing period, but must be equal to or greater than the larger
of the following:
85 percent of the highest 30- minute demand during the
summer months of the proceeding 11 months, or
60 percent of the highest 30- minute demand during the
winter months of the proceeding 11 months.
If the demand, so determined, however, is less than 85 per-
cent of the Consumer's highest 30- minute kilovolt- ampere
demand, the Board of Public Works, at its option, may increase
demand for the purposes of this schedule, by 1/2 percent for
each 1 percent the kilowatt demand is less than 85 percent
of the kilowatt- ampere demand.
Contract Period: Minimum of five years.
Discount: The customer shall be entitled to a discount of
the Gross Monthly Bill provided the customer remits full
payment of the amount due under the billing prior to the
llth day of the month following receipt of the bill to the
customer. If the 10th day of the month falls on a holiday,
Saturday, or Sunday, the customer shall have until the end
of the next business day to remit payment and be entitled
to said discount. The discount shall be computed as the
difference between the Gross Monthly Bill and the Net
Monthly Rate as defined hereinabove.
Reconnection Charge: Ir Consumer
reconnected
at service
same
location
disconnected lms such service
within 12 months of such disconnection, the consumer shall
be charged a reconnection charge equal to the monthly minimum
charge for the location multiplied by the number of months
the location was disconnected.
b 4
Service Regulations: The City's Service Regulations form
a part of this Schedule as though written herein.
Special Conditions: Consumer shall furnish, if requested,
suitable space on his premises for the City's transforming
equipment, and if required, suitable space for switching
and/or capacitor equipment.
The consumer's water heating and space heating equipment
shall be a type approved by the City and shall be installed
in accordance with the City's Service Regulations. -
City shall not be required to furnish duplicate service
hereunder.
ORDINANCE NO. 1274.
AN ORDINANCE ESTABLISHING AND PROVIDING FOR INSTALLATION AND
CONSTRUCTION OF STREET LIGHTS WITHIN THE CITY OF BLAIR; RE-
PEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE
AND EFFECT.
WHEREAS, Ordinance No. 1223 of the City of Blair
provided for the installation and construction of street lights
in conjunction with new Street Improvement Districts within the
City of Blair, and,
WHEREAS, the Mayor and Council now deem it necessary
to provide for the installation and construction of street lights
in areas of the City which already have street systems.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA:
SECTION 1. That all areas of the City of Blair where
individuals wish to have street lights installed said individuals
may petition the Mayor and Council for the creation of a Street
Improvement District for the purpose solely of installing and
constructing street lights within the boundaries of said Street
Improvement Districts.
SECTION 2. That ii lieu of the procedure contained in
Section One hereinabove, said individuals may request in writing
that said street lights be installed, said request to contain a
statement that the persons signing said request shall reimburse
the City for the cost of the installation of said street lights.
SECTION 3. Said street lights shall be erected by
employees of the Board of Public Works of the City of Blair, and
the cost of materials and labor shall either be billed or assessed
to the individuals benefiting from the erection of said street
lights.
SECTION 4•.-i-This ordinance is intended to be a supple-
ment to Ordinance No. 1223 of the City of Blair and is not intended
to supersede it.
ti
SECTION 5. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 6. This ordinance shall be in force and take
full effect from and after its passage approval and publication
as provided by law.
Passed and approved this llth day of March, 1980.
ATTEST:
DOUGLAS E. BULLOCK, CITY CLERK
(SEAL)
STATE OF NEBRASKA
WASHINGTON COUNTY
:
U
M. STANLEY. JENSEN, MAYOR
DOUGLAS E. BULLOCK hereby certifies that he is the
duly appointed, qualified and acting City Clerk of the City of
Blair, Nebraska, and that the above and foregoing Ordinance was
passed at a regular meeting of the Mayor and City Council of
said City held on the 11th day of March, 1980.
i
DIU LA's . BULLO
that the City currently has
Combined Electric and Water
1, 1972 (the "1972 Bonds "),
ORDINANCE NO. 1275
AN ORDINANCE AUTHORIZING THE ISSUANCE OF ELECTRIC SYSTEM REVENUE
BONDS OF THE CITY OF BLAIR, NEBRASKA, IN THE PRINCIPAL AMOUNT OF
SIX HUNDRED SEVENTY -FOUR THOUSAND DOLLARS ($674,000) FOR THE PUR-
POSE OF PAYING THE COST OF MAINTAINING, EXTENDING AND ENLARGING
THE ELECTRIC LIGHT PLANT AND SYSTEM OWNED BY THE CITY, AND FOR THE
PURPOSE OF PROVIDING FOR PAYMENT IN FULL OF THE CITY'S OUTSTAND-
ING COMBINED ELECTRIC AND WATER REVENUE BONDS, SERIES OF 1972, IN
THE PRINCIPAL AMOUNT OF THREE HUNDRED EIGHTY -FIVE THOUSAND DOLLARS
($385,000), PRESCRIBING THE FORM, TERMS AND. DETAILS OF SAID BONDS,
PLEDGING AND HYPOTHECATING THE REVENUE AND EARNINGS OF THE ELECTRIC
LIGHT PLANT AND SYSTEM OF SAID CITY FOR THE PAYMENT OF SAID BONDS
AND INTEREST THEREON AND PROVIDING FOR THE COLLECTION, SEGREGATION
AND APPLICATION OF THE REVENUE OF SAID ELECTRIC LIGHT PLANT AND
SYSTEM AND ENTERING INTO A CONTRACT ON BEHALF OF THE CITY WITH THE
HOLDERS OF SAID BONDS.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE
CITY OF BLAIR, NEBRASKA:
Section 1. The Mayor and City Council of the City of
Blair, Nebraska,. hereby find and determine: The City owns and
operates an electric light plant and system (which plant and sys-
tem is hereinafter collectively referred to as the "Electric
System "), that to maintain, extend and enlarge the Electric System
it was necessary that certain improvements be provided for, includ-
ing the construction of new powerlines for intertie purposes and
certain related improvements; that the cost of said improvements
was financed temporarily b
Y y the issuance of the City's Electric
and Water Revenue Bond Anticipation Notes, dated May 15, 1977,
issued in the principal amount of $1,100,000 and its Electric and
Water Revenue Bond Anticipation Notes, dated November 15, 1977, in
the principal amount of $110,000 (both issues herein referred to
as the "1977 Notes ") of which 1977 Notes, not less than $325,000 in
the principal amount was expended for and attributable to improve-
ments of the Electric System; that $325,000 of said Notes have
been called for redemption on May 1, 1980, and it is necessary
the the City provide for their payment at such time and that not
less than $2,000 is necessary to pay accrued interest on said 1977
Notes at such time and for such purpose it is advisable for the City
to issue its Electric System Revenue Bonds in the amount of $327,000;
outstanding and unpaid $385,000 of its
Revenue Bonds, Series 1972, dated January
which were issued t
to pay the costs of
improvements to the Electric System that said Bonds are secured by a
lien on the combined revenues of the City's Electric System and water -
works plant and water system; that in connection with the construction
of a new water treatment facility and related improvements which
are to be financed through a loan from the United States of America
acting through the Farmers Home Administration, United States
Department of Agriculture, it is necessary -for the City to• separate
the borrowings of the Electric System from those related to its
waterworks plant and water system and for'such purpose it is nec-
essary to satisfy the lien of the 1972 Bonds; that Ordinance No.
1034 which authorized the 1972 Bonds provides that its terms and
conditions and the pledge and hypothecation of revenues of said
utilities systems shall continue in full force and effect unless and .
until the 1972 Bonds have been paid or provision for the payment of
principal and interest thereon has been provided for in full; that
the City is able to provide for full and certain payment of such
principal and interest by a deposit of cash and the purchase of
United States Treasury Securities and the assignment of all cash
payments therefrom to an Escrow Agent as described in Section 5
hereof, that to obtain such securities, it is necessary for the City
to issue its Electric System Revenue Bonds in the amount of $347,000;
that the balance owing by the City on the 1977, Notes is to be paid
off in full as described in Section 5 hereof; that the 1972 Bonds
and the 1977 Notes constitute the only outstanding bond or note
indebtedness of the Electric System; that for the purposes described .
above, it is necessary that the City issue its Electric System Reve-
nue Bonds in the principal amount of Six Hundred Seventy -Four Thous-
and Dollars ($674,000); that all conditions, acts and things required
by law to exist or to be done precedent to the issuance of Electric
System Revenue Bonds of the City as provided in this Ordinance do
exist and have been done in regular and due form and time as provided
by law.
Section 2. For the purposes described in Section .1.
hereof, there shall be and there are hereby ordered issued nego-
tiable coupon bonds of the City of Blair, Nebraska, to be known
as "Electric System Revenue Bonds, Series 1980" (the "Series 1980
Bonds ") in the aggregate principal amount of Six Hundred Seventy -
Four Thousand Dollars ($674,000), consisting of 135 bonds of
$5,000 each in principal amount, except for Bond No. 1 which shall
be for $4,000 in principal amount, numbered from 1 to 135, inclu-
sive, dated April 1, 1980, payable to bearer, which bonds shall
become due and payable on April 1 of the
years and bear basic and
supplemental interest at the rates shown in the following schedule,
to wit:
Bond Maturin on Amount of Basic Interest
NBmnrs
April 1 of Principal Rate to Maturity
year Maturing or Earlier Redemption
1- 4 1981 $ 19,000
7.00%
5- 8 1982
9- 15 20,000 7.00%
1983
16- 15 35,000 7.00%
9-
1984 35,000 7.00%
23- 30 1985 40,000
31- 38 1986 7.05%
39- 47 1987 40,000 7.10%
3
3 9— 56 45,000 7.10%
1988 45,000 7.15 %
57- 65 1989 45,000 7.20%
66 -135 1992 350,000 7.75%
In addition to the basic interest shown above, all Series 1980
Bonds shall bear supplemental interest from April 1, 1980, to
April 1, 1982, at the rate of one and eighty hundredths percentum
(1.80 %) per annum.
Interest shall be payable on the first day of April and
October of each year, starting April 1, 1981, and shall be evi-
denced by coupons for the interest due on each interest payment
date. Supplemental interest shall be evidenced by separate cou-
pons bearing the letter "A ", which may be detached and sold sepa-
rately. Both principal and interest shall be payable at the office
of the County Treasurer of Washington County in Blair, Nebraska,
upon presentation and surrender of the bonds and coupons as they
separately become due.
All or any of the Series 1980 Bonds maturing on or after
April 1, 1986, are subject to redemption at the option of the City
at any time on or after April 1, 1985, at the principal amount
thereof, plus accrued interest to the date fixed for redemption.
Section 3. Said Series 1980 . Bonds and coupons shall be
iri substantially the following foam:
-3-
No.
(BOND FORM)
UNITED STATES OF AMERICA
STATE OF NEBRASKA
COUNTY OF WASHINGTON
CITY OF BLAIR
ELECTRIC SYSTEM REVENUE BOND, SERIES 1980
-4-
KNOW ALL MEN. BY THESE PRESENTS: That the City of Blair,
in the County of Washington, in the State of Nebraska, hereby
a. cknowledges'itself :to owe and for value received promises to pay
to bearer on the first day of April, 19 , but only out of the
special fund hereinafter designated, the sum of
THOUSAND DOLLARS in lawful money of the United States of America
with interest thereon from date hereof until maturity or earlier
redemption at the rate of
annum, evidenced b ,
cou ons percentum ( %) per
hereof to April 1*,, 1982, at the u rate p of� one and l eighty t hundredths
percentum (1.80 %) per annum, evidenced by separate coupons bear-
ing the letter "A" which may be detached and sold separately. All
such interest shall be payable on the first day of April and
October of each year, starting April 1, 1981, on presentation and
surrender of the interest coupons hereto attached as they sever-
ally become due. Both the principal hereof and interest hereon
are payable at the office of the County Treasurer of Washington
County, in Blair, Nebraska.
Any of the Series 19.80 Bonds maturing on or after April
1, 1986, are subject to redemption at the option of the City at
any time on or after April 1,' 1985, at the principal amount thereof
plus accrued interest to the date fixed for redemption.
. This bond is one of an issue of 135 bonds, numbered from
1 to 135, inclusive, of $5,000 each in principal amount, except
for Bond No. 1 which is of $4,000 in principal amount, of the
total principal amount of Six Hundred Seventy -Four Thousand Dol-
lars ($674,000), of even date and like tenor herewith except as
to denomination, date of maturity and rate of interest issued by
said City to provide funds for maintaining, extending and enlarg-
ing the electric light plant and system owned and operated by the
City (the "Electric System "), paying a portion of the City's
Electric and Water Revenue Bond Anticipation Notes, dated May 15,
1977 and November 15, 1977, and providing for the in
of $385,000 of the City's Combined Electric and Water
Bonds,, Series 1972, dated January 1, 1972. The issuance of said
bonds has been authorized by proceedings duly had and an ordinance
lawfully enacted by the.Mayor and Council of said City in strict
cbmplia.nce with . Sections 18 -110 and 18-1803 to 18 -1805, R.R.S.
Neb. 1943.
The revenue and earnings of the Electric System are
pledged and hypothecated for the payment of this bond and the
other bonds of this issue and for the payment of any additional
bonds of equal priority issued as authorized by the ordinance
authorizing the bonds of this issue. The bonds of this issue
are a lien only upon said revenue and earnings and are not general
obligations of the City of Blair, Nebraska.
The ordinance authorizing the issuance of this bond and
the other bonds of this issue sets forth the covenants and obliga-
tions of the City with respect to the Electric System and the appli-
cation of the revenues to be derived therefrom, which revenues are
by the terms of said ordinance to be deposited into the "Blair
Electric System Fund" and disbursed to pay costs of operation and
maintenance, make payments of principal and interest on the bonds
of this issue and make other payments as specified in said ordi-
NO.
nance. Said ordinance also designates the terms and conditions on
which additional bonds of equal lien with the bonds of this issue
may be issued in the future. The City also reserves the right to
issue bonds junior in lien to the bonds of this issue the principal
and interest of which shall be payable from monies in the "Surplus
Account" of the Blair Electric System Fund as described in said
ordinance.
IT IS HEREBY CERTIFIED AND WARRANTED that all conditions,
acts and things required by law to exist or to be done precedent to
and in the issuance of this bond, did happen and were done in reg-
ualr and due form and time as provided by law.
IN WITNESS WHEREOF, the Mayor and Council of the City of
Blair, Nebraska, have caused this bond to be executed on behalf of
the City with the facsimile signature of the Mayor and the manual
signature of the City Clerk and by causing the official seal of
the City to be affixed hereto, and have caused the interest cou-
pons hereto attached to be executed on behalf of the City by the
facsimile signatures of the Mayor and City Clerk.
DATED this first day of April, 1980.
ATTEST:
( S E A L )
City Clerk
(FORM OF COUPON)
CITY OF BLAIR, NEBRASKA
By:
Mayor
On the first day of April (October) 19 , (unless the
bond to which this coupon pertains shall have been previously
called for redemption and paid, or provision for payment thereof
shall have been made) the City.of.Blair, Nebraska, will pay to
bearer, but solely from the special fund referred to in the bond
to which this coupon appertains, the sum shown hereon at the
office of the County Treasurer of Washington County, Nebraska, in
the City of Blair, Nebraska, for interest due on its Electric System
Revenue Bond, Series 1980, dated April 1, 1980, Bond No.
City Clerk Mayor
Section 4. Each of the Series 1980 Bonds shall be exe-
cuted on behalf of the City with ,the facsimile signature of the
Mayor and the tpanual signature of the City Clerk and shall have
affixed thereto the City's seal. The interest coupons attached to
each bond shall be executed on behalf of the City with the fac-
simile signatures of the Mayor and City Clerk, who by such execu-
.tion of each -bond shall adopt said facsimile signatures as their
own and proper signatures. The City Clerk shall cause the Series
1980 Bonds to be registered in the office of the Auditor of Public
Accounts of. the State of Nebraska, in the office of the City Trea-
surer as finance officer of said City and in the office of the
County Clerk of Washington County. Upon execution and registration
of said bonds, they shall be delivered to the City. Treasurer, who
is authorized to deliver them to Chiles, Heider & Co., Inc., as
purchaser thereof, upon receipt of the principal amount of said
Series 1980 Bonds plus accrued interest thereon to date of pay-
ment for said bonds. The City Clerk shall make and certify dupli-
cate transcripts of the proceedings of the Mayor and Council with
respect to the Series 1980 Bonds, one of which shall be delivered
to said purchaser.
Section 5. In order to insure the prompt payment of
principal and interest as the same fall due on the 1972 Bonds and
the payment of principal and accrued interest to May 1, 1980 on
$325,000 of the 1977 Notes, it is necessary and advisable for the
City to establish an escrow of funds and securities. By resolution
adopted prior to the issuance of the Series 1980 Bonds, the Mayor
and Council shall designate an escrow agent for such purpose
("Escrow Agent"). The following provisions and determinations are
hereby made with respect to the escrow deposits to be made with
Escrow Agent:
(a) Deposits for Payment of the 1977 Notes:
Not less than $325,000 of the 1977 Notes
have been called for redemption prior to
maturity on May 1, 1980. As of May 1, .
1980, there shall be due and payable for
principal and accrued interest on said
portion of the 1977 Notes not less than
$331,354.68, .$327,000 from the pro -
ceeds of the 1980 Bonds shall be applied
to the payment of such amount on said
date. The City has on hand monies, in a
reserve account established for the 1977
Notes, in an amount sufficient to pay
the balance owing on said portion of the
1977 Notes and agrees that such monies
shall be added to $327,000 from the pro -
ceeds of the Series 1980 Bonds, invested
and deposited with Escrow Agent in the
manner described herein and finally
applied to the payment of said portion of
the 1977 Notes on May 1, 1980. $327,000
from the proceeds of the Series 1980 Bonds .
together with monies of the City, as
described above, shall be immediately in-
vested on April 1, 1980 or as soon there-
after as practicable in one or more of the
following kinds of investments:
(1) U.S. Government Obligations
as defined in Section 10 here-
of;
(2) Obligations issued by any of
the federal land banks, the
intermediate credit banks or
banks for cooperatives;
(3) Certificates of deposit or
savings accounts of banks
which are members of the
Federal Deposit Insurance
Corporation, so long . as such
deposits shall, to the extent
not fully insured by F.D.I.C.
insurance, be fully collater-
alized in the manner pre-
scribed by Section 16 -715
R.R.S. Neb. 1943.
All such investments shall mature or
be redeemable at the option of the
holder, without penalty, no later than
May 1, 1980. All investments together
with any monies which are not capable
of being invested shall be immediately
turned over to Escrow Agent to be held
and applied pursuant to the terms of
the Escrow Agreement described in this
Section 5. The amount of money re-
quired to be deposited in addition to
$327,000 from the proceeds of the Series
1980 Bonds may be determined by taking
into consideration earnings on invest-
ments to be held by Escrow Agent pursuant
to this subsection 5(a). On or before
May 1, 1980, the Escrow Agent shall re -
duce all investments held by it to cash
and shall apply all cash held by it to
the payment of $325,000 in principal
amount of the 1977 Notes as called for
redemption on such date. The City agrees
that if for any reason the monies on hand
with Escrow Agent are insufficient as of
May 1, 1980 to pay in full the principal
plus accrued interest on $325,000 in
principal amount of the 1977 Notes, it
shall make up such deficiency on or
before May 1, 1980 from monies of the
Electric System. Any monies remaining
from the proceeds of the $327,000 of the
Series 1980 Bonds, or from monies pro-
vided by the City pursuant to this sub-
section 5(a), or earnings on either
thereof, on hand with the Escrow Agent
after payment in full of said portion
of the 1977 Notes shall be turned over
to the City and deposited in the Blair
Electric System Fund.
(b) Provisions Relating to Payment in Full
of the 1972 Bonds: The 1972 Bonds
mature serially on January 1 of the
'years 1981 through 19 and bear inter-
est due at the times and at the rates
as set forth in Ordinance No. 1034 of
the City of Blair, Nebraska. Based
upon the interest rates on the Series
1980 Bonds and the yield permitted
under Reg. § §1.103 -13, 1.103-14 and
1 ;103 -15 of the Income Tax Regulations
under the Internal Revenue Code of
1954, as amended, on those obligations
acquired from.the proceeds of the Series
1980 Bonds which are to be invested and
applied to the satisfaction of the lien
of the 1972 Bonds, $347,000 is an amount ,
sufficient, when invested, to provide for
payment in full of the 1972 Bonds. The
Mayor and Council have previously auth -'
orized and hereby confirm the authoriza-
tion of subscription for the purchase of
United States Treasury Securities, State
and Local Government Series, in the
principal amount of $347,000 for purposes
of providing in full for the payment of
the 1972 Bonds. Because of the timing of
payments to be received from said Treasury
Securities, it will also be necessary for
the City to deposit cash from monies cur-
rently on hand, in an amount not to exceed
$8,000. Such cash shall be deposited with
Escrow Agent and the City shall irrevocably
assign and transfer all rights to payment
whether of principal or interest on said
Treasury Securities to Escrow Agent. Said
Treasury Securities and said cash deposit
shall be held and applied pursuant to the
terms of the Escrow Agreement described
in this Section 5 to pay principal and
interest as the same fall due on the 1972
Bonds.
For purposes of establishing and governing the deposits
of funds, investments in United States Treasury Securities and other
securities and payments with respect to the 1972 Bonds and the 1977
Notes, it is necessary and advisable for, the City to enter into an
Escrow Agreement with Escrow Agent. The Mayor and Clerk are hereby
authorized and directed to execute and deliver on behalf of the City
said Escrow Agreement, including. necessary counterparts, in sub-
stantially the form.and content as presented. to the meeting at which
this ordinance. is adopted, but with such changes and modifications
therein as to them..seem necessary, desirable or appropriate, for and
on behalf of the City and to affix the seal of the City thereto.
Said Mayor and Clerk, or either of them, are hereby authorized 'to
execute and deliver for and on behalf of the City all other documents
and instruments nedessary in connection with said Escrow Agreement.
The City expects to issue approximately $883,000. of its
Water System Revenue Bonds, 1980 Series, said bonds being of a principal
amount sufficient,' together with funds on hand, to .pay the balance owing
for principal and itnerest on the 1977 Notes at their maturity on May
15, 1980. The City hereby agrees that it shall proceed with such
issuance of said Water System Revenue Bonds or otherwise provide
for payment in full of the balance of the 1977 Notes as it falls
due. The Escrow Agreement may be supplemented for purposes of
any deposit related to such payment in full of the balance of
the 1977 Notes.
Any interest received upon the sale of the Series 1980
Bonds shall be deposited in the Bond Payment Account, as described
in Section 6 hereof, and shall be credited against the first
amounts required to be credited thereto under said Section 6.
Section 6. The revenue and earnings of the Electric
System are hereby pledged and hypothecated for the payment of the
Series 1980 Bonds and any additional bonds of equal priority issued
as authorized by this ordinance and interest on such Series 1980
Bonds and any such additional bonds, and the City does hereby agree
with the holders of said Series 1980 Bonds and additional bonds as
follows:
(a) BLAIR ELECTRIC SYSTEM FUND - The entire
gross revenues and income derived from
the operation of the Electric System shall
be set aside as collected and deposited
in a separate fund which is hereby created
and shall be designated as the "Blair
Electric System Fund." For purposes of
allocating the monies in the Blair Elec-
ric System Fund, the City shall set up
and maintain the following accounts:
(1) Operation and Maintenance Account;
(2) Bond Payment Account; (3) Debt Service
Reserve Account, and (4) Surplus Account.
(b) OPERATION AND MAINTENANCE ACCOUNT - Out of
the Blair Electric System Fund there shall
be monthly credited into the Operation and
Maintenance Account such amounts as the
City shall from time to time determine to
be necessary to pay the reasonable and
necessary expenses of operating and main-
taining the Electric System, and the City
may withdraw funds credited to the Opera-
tion and Maintenance Account as necessary
from time to time to pay such expenses.
(c) BOND PAYMENT ACCOUNT - Out of the Blair
Electric System Fund there shall be credited
monthly on or before the fifteenth day of
each month to the Bond Payment Account,
starting with the month of April, 1980, the
following amounts:
•(1) For the period from April, 1980
through March, 1981:
(A) an amount equal to 1/12
of the next annual
interest payment on
the Series 1980 Bonds;
1111 ■1 11 II
(B) an amount ,equal. to 1/12
of the next maturing
principal payment on
the Series 1980 Bonds.
(2) For.the period from April, 1981
on, so long as the Series 1980
Bonds remain outstanding:
(A) an amount. equal to 1/6
of the next maturing
semiannual interest
payment on the Series
1980 Bonds;
(B) an amount equal to 1/12
of any principal payment
on the Series 1980 Bonds
due within the following
twelve month period.
The City Treasurer is hereby authorized
and directed, without further authoriza-
tion, to withdraw monies credited to the
Bond Account, or if the monies in
such Account are insufficient, then from
the Debt Service Reserve Account and.next
from.the Surplus Account, an amount suf-
ficient to pay, when due, the principal.
of'and interest on the Series 1980 Bonds
or any additional bond's and to transfer
such amount to the County Treasurer of
Washington County, at least five (5) days
before each principal and interest payment
date. Upon the issuance of any additional
bonds pursuant to this ordinance appro-
priate additional credits to the Bond Pay-
ment Account shall be provided for suffi-
cient to pay principal and interest on
said additional bonds.
(d) DEBT SERVICE RESERVE ACCOUNT.- On May 15,
1980, the City agrees that it nhall trans-
fer from reserve monies held with respect
to the 1977 Notes the sum of $48,000 to the
Blair Electric System Fund to be credited to
the Debt Service Reserve Account. .After
making the credits reqired by the foregoing
paragraphs, there shall monthly be credited
into the Debt Service Reserve Account the
sum of $800 until such Account contains
$96,00.0. .Monies'credited t� the Debt
Service Reserve Account may be withdrawn,
as needed to provide to pay, when due,
the principal and interest on the Series
19.80 Bonds and any additional bonds issued
pursuant to this ordinance, if the Bond
Payment Account contains insufficient funds
for that purpose, and the City Treasurer is
hereby.authorized and directed to make such
withdrawal if and when needed. After the
Debt Service Reserve Account has received.
the amount required to be credited therein,
the monthly credits need not be made to such
Account, but in the event of withdrawal from
the Debt'Service Reserve Account, the monthly
credits shall again commence until the Debt
Service Reserve. Account again contains the
amount required." Upon the issuance of any
additional. bonds pursuant to this ordinance
the amount requi.red.to be accumulated
and maintained in the Debt Service
Reserve Account shall be set at an amount
not less than the average annual debt
service on the Series• 1980 Bonds, any
additional bonds then outstanding and
the proposed additional bonds and.the
amount of the monthly credit required
•.fo.r the purpose of accumulating such
amount in the Debt Service Reserve
Account shall be set so.that such
amount shall be accumulated in a period
of not more than five years. For such
purposes, average annual debt service
shall be.comp.uted-in the same manner as
specified in subsection $(b)(1) hereof.
(e) SURPLUS ACOUNT - Monies from the Blair
Electric System Fund remaining after. the
credits required in the foregoing para-
graphs (b), (c) and (d) shall be credited to
the Surplus Account. Monies in the Surplus
Account may be used to make up any defi-
ciencies in the preceding Accounts, to
retire any of the Series 1980 Bonds, or any
additional bonds prior to their maturity,
to pay principal of and interest on.any
junior lien electric system revenue bonds
, or notes or for any other lawful purpose of
the City as directed by the Mayor and City
Council.
The provisions of this Section shall require the City
toImE.intain. a set of books and records in accordance with such
accounting methods and procedures as are generally applicable to
municipal utility enterprises, which books and records shall show
credits to and expenditures from the several Accounts required by
this Section. Except as specified below for the Debt Service
Reserve Account, the City shall not be required to establish
separate bank or investment accounts for said Accounts. Monies
Credited to the Debt Service Reserve Account Shall,' if maintained
in a demand bank account, be kept in a separate account and
not commingled with other City or Electric System funds. If
invested, monies credited to the Debt Service Reserve Account may
be commingled with other City funds, including Electric'System
funds so long as the City. maintains books and records clearly
identifying the specific investments, or portions thereof, which
belonc to the Debt Service Reserve Account.
Monies in any of the Accounts, except the Debt Service
Reserve Account,. may be invested in securities eligible for invest-
ment of other City funds. Monies in the Debt Service Reserve Account
may ber invested in U.S. Government Obligations, as defined in Section.
10 hereof, in obligations issued by any of the federal land banks,
the intermediate credit banks or the banks for cooperatives or any
combination thereof, or in certificates of deposit, savings accounts
— -11-
or other interest bearing accounts in banks which are members of the
Federa]. Deposit Insurance Corporation, except that whenever the
amount so deposited exceeds the amount of F.D.I.C. insurance available
thereon, the excess shall be secured in the manner required by
Section 16 -715 R.R.S. Neb. 1943. Investments made from or attributable,
in whole or in part, to the Debt Service Reserve Account shall mature
or be redeemable at the option of the holder, without penalty, in
not more than ten years. Income from or profit realized from invest-
ment for any Account shall be credited to such Account until such
Account contains the amount required to be accumulated therein,
and thereafter such income or profit shall be transferred to the
Blair Electric System Fund and treated as other revenues from the
operation of the Electric System.
Section 7. So long as any of the Series 1980 Bonds and
any additional bonds issued pursuant to this ordinance shall
remain Dutstanding and unpaid, the City covenants and agrees to
establish, revise, from time to time as necessary, and collect
such rates and charges for the electricity and electric service
furnished from the Electric System adequate to produce revenues
and earnings sufficient at all times:
(a) To provide funds to pay, when due, the
principal of and interest on the Series 1980
Bonds and any additional bonds issued pur-
suant to this ordinance.
(b) To pay all propei and necessary costs of
operation and maintenance of the Electric
System and to pay for the necessary and
proper repairs, replacements, enlargements,
extensions and improvements to the Electric
System.
(c) To provide funds sufficient to make the
credits into the Accounts at the times and
in the amounts required. by Section 6 of this
ordinance.
(d) To provide Net Revenues in each fiscal year
adopted by the City for the Elctric System
in an amount not less than 1.25% of the
average annual debt service on the Series
1980 bonds and any additional bonds issued
pursuant to this ordinance. For such
purposes "Net Revenues" shall mean the gross
:revenues derived from the ownership and
operation of the Electric System, including
investment income, less ordinary expenses of
operating and maintaining the Electric
System payable from the Operation and
Maintenance Account. Operation and mainte-
nance expenses for such purpose shall not
include depreciation, amortization or
interest on any bonds or other indebtedness.
Also for such purpose "average annual debt
service" shall be determined for each such
fiscal year by adding all the principal and
interest which will become due when computed
to the absolute maturity of the Series 1980
Bonds and any additional bonds, all as may
then be outstanding, and dividing such total
by the number of years remaining that the
longest bond of any such issue of bonds has
to run to maturity.
Section 8. To provide funds for any purpose related to
the Electric System, the City may issue additional bonds payable
from the revenues of the Electric System having equal priority and
on a parity with the Series 1980 Bonds only upon compliance with
the following conditions:
(a). Such additional bonds shall be issued only
pursuant to an ordinance which shall provide
for an increase in the monthly credits into
the Bond Payment Account in amounts suffi-
cient to pay, when due, the principal of and
interest on the Series 1980 Bonds and such
additional bonds and for such monthly
credits to the Debt Service Reserve Account
as are required under subsection 6(d).
(b) The City shall have complied with one or the
other of the two following requirements:
(1) The Net Revenues derived by the City
from its Electric System for the fiscal
year next preceding the issuance of the
additional bonds shall have been at
least equal to 1.33 times the average
annual debt service requirements of the
Series 1980 Bonds and any additional
bonds previously issued, both as then
outstanding, and on the proposed
additional bonds. For purposes of
such determination "Net Revenues"
shall have the same meaning as pro-
vided for in subsection 7(d). Such
Net Revenues shall be shown by an
audit for such fiscal year for the
City's Electric System as conducted
by independent certified public
accountants. Also for purposes
of such determination, "average
annual debt service" shall be
determined by adding all of the
principal and interest due when
computed to the absolute maturity
of the Series 1980 Bonds and any
additional bonds previously issued,
both as then outstanding, and on
the proposed additional bonds and
dividing such total by the number
of years remaining that the longest
bond of any issue of bonds (includ-
ing the proposed additional bonds)
has to run to maturity; or
(2) The City shall have received a pro -
jection made by a consulting engi-
neer or firm of consulting engineers,
recognized as having experience and
expertise in municipal electric sys-
tems, projecting that the Net Revenues
of the Electric System in each of the
five full fiscal years after the issu-
ance of such additional bonds will be
at least equal to 1.33 times the
average annual debt service require-
ments of the Series 198.0 Bonds, and
any additional bonds previously
issued, both as then outstanding, and
the proposed additional bonds. For
purposes of such projection "Net
Revenues" shall have the same meaning
as provided in subsection 7(d) and
average annual debt service shall be
computed in the same manner as speci-
fied in subsection 8(b)(1). In making
such projection, the consulting engi-
neer shall use as a basis the Net
Revenues of the .Electric System during
the last year for which an independent
audit has been prepared and shall
adjust such Net Revenues as follows:
(A) to reflect changes in rates which
have gone into effect since the begin -
ing of the year for which the audit
was made, (B) to reflect his estimate
of the net increase over or net decrease
under the Net Revenues of the Electric
System for the year for which the audit
was made by reason of: (i) changes of
amounts payable under existing con-
tracts for electric services (ii) addi-
tional general income from sales to
customers under existing rate schedules
for various classes of customers or as
such schedules may be revised under a
program of changes which has been
adopted by the Mayor and Council of
the City (iii) projected revisions in
costs for labor, wages, salaries,
machinery, equipment, purchased power,
supplies and other operational items
(iv) revisions in amount of electri-
city to be supplied and any related
administrative or other costs associ-
ated with such increases due to' increased
electric supply from the acquisition
of any new facility and (v) such other
projections of revenues and expenses as
the consulting engineer deems reason-
able and proper. Average Annual
debt service on any proposed additional
bonds to be issued may be estimated by
the consulting engineer, but no addi-
tional bonds shall be issued requiring
any annual debt service payment in
excess of the amount so estimated by
the consulting engineer.
If the City shall find it desirable it shall also have the right
when issuing additional bonds to combine with its Electric System any
other utilities of the City authorized to be combined under Sec-
tions 19 -1305 through 19-1308 or 18 -1803 through 18 -1805 R.R.S. Neb.
1943, and to cause all of the revenues of such combined utilities
systems to be paid into the Blair Electric System Fund, which fund
may be appropriately redesignated, and to provide that all of the
Series 1980 Bonds and any additional bonds previously issued, both
as then outstanding, and the proposed issue of additional bonds
shall be payable from the reveneus of such combined utilities and
shall stand on a parity and in equality as to security and payment,
provided, however, no utility shall be combined with the Electric
System as contemplated in this paragraph unless the City is current
with all the payments required to be made into the accounts created
in Section 6,. the conditions of subsection 8(a) have been satisfied
and the Net Revenues of the combined utilities systems shall satisfy
one or the other of the requirements for additional bonds provided
in subsection 8(b) above. For purposes of meeting such requirement,
the definition of Net Revenues shall be altered to include the gross
revenues of the additional utility or utilities and the ordinary
expenses of operating and maintaining the additional utility or
utilities and for such purposes any engineer furnishing projections
may take into consideration the factors similar to those described
in subsection 8(b)(2)(B) above with respect to such additional
utility or utilities. Net Revenues of the additional utility or
utilities shall be based upon the report or reports of independent
certified public accountants in the same manner as is required
under subsection 8(b) above.
The City may issue refunding bonds, which shall qualify
as additional bonds under this Section 8, to refund any Series
1980 Bonds or additional bonds without compliance with the pro-
visions of subsection 8(b) above, provided that, if any such Series
1980 Bonds or additional bonds are to remain outstanding after the
issuance of such refunding bonds, the principal payments due in any
calendar year in which those bonds which are to remain outstanding
mature, or in any calendar year prior thereto, shall not be increased
over the amount of such principal payments due in such calendar
years immediately prior to such refunding.
The City hereby covenants and agrees that so long as any
of the Series 1980 Bonds and any additional bonds are outstanding,
it will not issue any bonds or notes payable from the revenues of
the Electric System except in accordance with the provisions of
this ordinance, provided, however, the City reserves the right to
issue bonds or notes which are junior in lien to the Series 1980
Bonds and any such additional bonds with the principal and interest
of such bonds or notes to be payable from the monies credited tb
the Surplus Account as provided in subsection 6(e). The term
"additional bonds" as used in this ordinance refers only, to such
bonds as are.pa from the revenues of the Electric System on a
parity with the Series 1980 Bonds and are issued in accordance
with the terms of this Section.
The provisions of this ordinance shall not be construed
as in any manner limiting the City's rights to issue refunding
bonds, payable from any special source or payable from monies in
the Surplus Account, pending the application of the proceeds thereof
to the payment of bonds to be refunded, which refunding bonds may
have a lien upon the revenues of the Electric System junior to that
of the Series 1980 Bonds or any additional bonds then outstanding.
For any such refunding 'bonds to qualify as additional bonds under
this Section, in the event that any Series 1980 Bonds or additional
bonds are to remain outstanding after the application of the pro-
ceeds of such refunding bonds to the payment of the bonds to be
refunded, such refunding bonds, as of the time of their issuance
must comply with the provisions of subsection 8(b) above or with
the conditions of the second paragraph immediately above, but for
purposes of such requirements payments of principal and interest
due on the bonds to be refunded, after their proposed date of
redemption, and on such refunding bonds, from time of their issu-
ance until.the time. the proceeds thereof are applied to the payment
of the bonds to be refunded, shall be excluded from consideration.
'Section 9. So long as any Series 1980 Bonds or addi-
tional bonds are outstanding., the City hereby covenants and agrees
as follows:
(a) The City will maintain the Electric System
in good condition and will continuously
operate the same in a reasonable and effi-
cient manner, and the City will punctually
perform all the duties with reference to
said system required. by the Constitution and
statutes of the State of Nebraska, but this
covenant shall not prevent the City from
discontinuing. the use and operation of all
or any portion of the Electric System so
long•as the revenues derived from the City's
ownership of.the properties constituting the
Electric.System shall be sufficient to
fulfill the City's obligations under Section
7 of this ordinance..
(b) The City will not grant any franchise or
right to any person, firm or corporation to
own or operate an electric system in compe-
tition with that owned by the City..
1 1,111111 11 11
(c) The City will maintain insurance on the
property constituting the Electric System
(other than such portions of the system as
are not normally insured against loss by
casualty) in the amounts and against the
risks customarily carried by similar utili-
ties, but including fire and extended
coverage insurance in an amount which
would enable the City to repair, restore or
replace the property damaged to the extent
necessary to make the Electric System
operable in an efficient and proper manner
to carry out the City's obligations under
this ordinance. The Board of Public Works
shall annually, within one month after the
end of each fiscal year adopted by the City
for the Electric System examine the amount
of insurance carried with respect to the
Electric System and shall evidence approval
of such insurance by resolution. The
proceeds of any such insurance received by
the City shall be used to repair, replace or
restore the property damaged or destroyed to
the extent necessary to make the Electric
System operable in an efficient and proper
manner, and any amount of insurance proceeds
not so used shall be credited to the Surplus
Account. In the event of any such insured
casualty loss, the City may advance funds to
make temporary repairs or provide for an
advance on costs of the permanent repair,
restoration or replacement from the Opera-
tion and Maintenance Account and any such
advances shall be repaid from insurance
proceeds received.
(d) The City will keep proper books, records and
accounts separate from all other records and
accounts in which complete and correct entries
will be made of all transactions relating to
the Electric System. The City will have its
operating and financial statements relating
to the Electric System audited annually by a
certified public accountant or firm of certi-
fied public accountants. The City will fur-
nish to the original purchaser of the Series
1980 Bonds and to the original purchaser or
purchasers of each series of additional bonds
issued hereunder, within four months after
the end of each fiscal year of the Electric
System, a copy of the financial statements
of the Electric System and the report thereon
of the certified public accountants.
(e) The City shall cause each person handling
any of the monies in the Blair Electric
System Fund to be bonded by an insurance
company licensed to do business in Nebraska
in an amount or amounts sufficient to cover
at all times the maximum amount of money
belonging to the Electric System in the
possession or control of any such person.
The amount of such bond or bonds shall be
fixed by the Mayor and Council and the costs
thereof shall'be paid as an operating and
maintenance expense from the Operation and
Maintenance Account.
(f) So long as the City is current with all
payments or credits required to be made under
Section 6 hereof and is also in compliance
with the covenants of Section 7 hereof,
the City may pay for electric service used
by it at such rate or rates as shall be
agreed upon by the Board of Public Works
and the Mayor and Council. In the event
that the City is not in compliance with
Lhe'' }n ov 1.1; 1 on!; (.31. fug 1 d f ;('c( I t)11;; 6 i
hereof, 1.hc City ; ;hail, be required to pay
for electric service used by it at the
rate or rates applicable to such usage
as fixed by the City's electric rate
ordinances then in effect.
•
(g) Nothing in this ordinance shall prevent the
City from having in effect, entering into or
modifying. from time to time agreeients with
public power districts existing under
Article 6, Chapter 70, R..R..S. Neb. 1943, as
amended, for the wholesale purchase of power
or the sale of any or all of the generating
Capacity of the Electric System.
Section 10. The City's obligations under.this ordinance
and the liens, pledges, covenants and agreements of the City herein
made or provided for, shall be fully discharged and satisfied as to
the.Series 1980 Bonds or any additional bonds issued pursuant to
this ordinance and any such bonds shall no longer be deemed outstand-
ing hereunder if such bonds shall have been purchased and cancelled
by the City, or when payment of the principal of and interest thereon
to the respective date of maturity or redemption (a) shall have been
made or caused to be made in accordance with the terms thereof; or
(b) have been provided for by depositing with the Treasurer of
Washington County, Nebraska, or with a national or state bank having
trust powers, in trust solely for such payment (1) sufficient money
to make such payment or (2) direct general obligations of o.r.obliga-
tions the principal and interest of which are unconditionally guaran-
teed by the United States of America (herein referred to as "U.S.
Government Obligations ") in such amount and bearing interest at such
rates and payable at such time or times and maturing or redeemable
at stated fixed prices at the option of the holder as to principal
at such time or times as will ensure the availability of sufficient
money to make such payment; provided, however, that, with respect
to any bond to be paid prior to maturity, the City shall have duly
given notice of redemption of such bonds as provided byelaw. Any
such money so deposited with a bank or the County Treasurer of
Washington County may be invested and reinvested in U.S. Government
Obligations at the direction of the City, and all interest and
income from such U.S. Government Obligations in the hands of such
bank or Treasurer in excess of the amount required to pay principal
of and interest on the bonds for which such monies were deposited,
shall be paid over to the City as and when collected.
Section 11. The terms and provisions of this ordinance do
and shall constitute a contract between the City of Blair and the
LIE . 11 I 1I
holder or holders of the Series 1980 bonds and no changes, variations
or alterations of any ki'nd for changes.necesszy to cure any '
ambiguity, formal defect or omission, shall be made to this ordinance
without the written consent of the holders of two - thirds (2 /3rd) in
principal amount of the Series 1980 Bonds then outstanding, provided,
however, that neither the principal and interest to be paid upon any
bond or the maturity date of any bond shall be changed without the
written consent of all holders of the Series 1980 Bonds then outstand-
ing affected thereby. The holder of any Series 1980 Bond or Bonds
may, either in law or in equity, by suit, action, mandamus or other
proceeding, enforce or compel performance of any and all of the acts
and duties required by this ordinance, and any court of competent
jurisdiction may, on application of any such holder, appoint a
receiver to take charge of the Electric System and operate the same
and apply the earnings thereof to the payment of the principal of
and interest on bonds issued pursuant to this ordinance in accordance
with the provisions hereof.
Section 12. The Mayor and City Clerk of the City are
hereby authorized to do all things and execute all such documents as
may by them be deemed necessary and proper to complete the issuance
and sale of the Series 1980 Bonds as contemplated by this ordinance.
Section 13. The City hereby covenants with the purchasers
and holders of the Series 1980 Bonds that it will make no use of the
proceeds of said issue, including monies held in any sinking fund
for the payment of principal and interest on said bonds, which would
cause said bonds to be arbitrage bonds within the meaning of Section
103(c) of the Internal Revenue Code of 1954, as amended, and further
covenants to comply with said Section 103(c) and all applicable
regulations thereunder throughout the term of said issue.
Section 14. If any section, paragraph clause or provision
of this ordinance shall be held invalid, the invalidity of such
section, paragraph, clause or provision shall not affect any of the
other provisions of this ordinance.
Section 15. This ordinance shall be in force and take
effect from and after its passage and approval according to law.
PASSED AND APPROVED this llth day of March, 1980.
ATTEST:
,
He_0(..-.
t a(yor
ORDINANCE NO , 1276
ORDINANCE NO. 1276
AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER SYSTEM REVENUE BONDS
OF THE CITY OF BLAIR, NEBRASKA, IN THE PRINCIPAL AMOUNT OF EIGHT
HUNDRED EIGHTY-THREE THOUSAND DOLLARS ($883,000) FOR THE PURPOSE OF
PAYING THE COST OF MAINTAINING, EXTENDING AND ENLARGING THE WATER-
WORKS PLANT AND WATER SYSTEM OWNED BY THE CITY, PRESCRIBING THE FORM,
TERMS AND DETAILS OF SAID BONDS, PLEDGING AND HYPOTHECATING THE
REVENUES AND EARNINGS OF THE WATERWORKS PLANT AND WATER SYSTEM OF
SAID CITY FOR THE PAYMENT OF SAID BONDS AND INTEREST THEREON AND
PROVIDING FOR THE COLLECTION, SEGREGATION AND APPLICATION OF THE
REVENUE OF SAID WATERWORKS PLANT AND WATER SYSTEM AND ENTERING INTO
A CONTRACT ON BEHALF OF THE CITY WITH THE HOLDERS OF SAID BONDS.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE
CITY OF BLAIR, NEBRASKA:.
Section 1. The Mayor and City Council of the City of
Blair, Nebraska, hereby find and determine: The City owns and
operates a waterworks plant and water system (which plant and
system is hereinafter collectively referred to as the "Water System "),
that to maintain, extend and enlarge the Water System it was necessary
that certain improvements.be provided for, including the construction
of a new reservoir and certain related improvements; that the cost of
said improvements was financed temporarily by the issuance of the
City's Electric and Water Revenue Bond Anticipation Notes, dated
May 15, 1977, issued in the principal amount,of $1,100,000 and its
Electric and Water Revenue Bond Anticipation Notes, dated November
15, 1977, in the principal amount of $110,000 (both issues herein
referred to as the "1977 dotes "), that the City has by Ordinance
No. 1275 provided for the retirement of $325,000 of the 1977
Notes from the proceeds of its. Electric System Revenue Bonds, dated
April 1, 1980; that the City has on hand monies sufficient to pay
not less than $2,000 in principal of the balance of the 1977 Notes
and all accrued interest thereon to.maturity; that the balance of
the 1977 Notes mature on May 15, 1980, and it is necessary that
the City provide in full for their payment at maturity and for such
purpose. to issue its Water System Revenue Bonds in the amount of
$883,000; that by Ordinance No. 1275 the City has also provided for
payment in full of principal and interest due on its Combined
Electric and Water Revenue Bonds, Series 1972, dated January 1, 1972
and the lien on said bonds will have been satisfied from and after
April 1, 1980 and said bonds shall no longer constitute a lien
upon the revenues of the City's Water System; that to provide
interim financing for the improvements to be .permanently financed
by a Farmers Home Administration Loan, the City has issued $3,000,000
of its Water Revenue.Bond Anticipation Notes, dated June 15, 1979
(the "1979, Notes ") that Ordinance No. 1259 authorizing their issu-
nace permits the City to issue water revenue bonds to pay the 1977
Notes. and provides that any such bonds shall be prior in lien to the
1979 Notes; that from and after April 1, 1980 the 1977 Notes and
the 1979 Notes will constitute the only unsatisfied outstanding
bond or note indebtedness of the Water System; that for the purposes
described above, it is necessary that the City issue its Water
System Revenue Bonds in the principal amount of Eight Hundred
Eighty -Three Thousand Dollars (.$883,000); that all conditions,
acts and things required by law to exist or.to be done precedent
to the issuance of Water System Revenue Bonds of the City as pro-
vided in this ordinance do exist and have been done in regular and
due form and time as required by law.
Section 2. For the purposes described' Section 1
hereof, there shall be and there are hereby ordered issued nego-
tiable coupon bonds of the City of Blair, Nebraska, to be known
as "Water System Revenue Bonds, Series 1980" (the "Series 1980
Bonds ") in the aggregate principal amount of Eight Hundred Eighty -
Three Thousand Dollars ($883,000), consisting of 177 bonds of $5,000
each in principal amount, except for Bond No. 1 which shall be for
$3,000 in principal amount, numbered from 1 to 177, inclusive, dated
April 15, 1980, payable to bearer; which bonds shall become due and
payable on April 15 of the years and bear basic and supplemental
interest at the rates•shoWn in the following schedule, to -wit:
Amount of Basic Interest
Bond Maturing on Principal Rate to Maturity
Numbers April 15 of year Maturing or Earlier Rederpt±on
1- 5 1981 $ 23,000 8.00%
6- 10. 1982 25,000 8.00
11- 19 1983 45,000 8.00
20- 28 1984 45,000 8.00
29- 38 1985 50,000 8.10
39- 49 1986 55,000 8.20
50- 61 1987 60,000 8.30
62- 73 1988 60,000 8.40
74- 85 1989 60,000 8.50
86 1992 460,000 9.00
In addition to the basic interest shown above, all Series 1980
Bonds shall bear supplemental interest from April 15, 1980 to
April. 15, 1982, at the rate of one and eighty hundredths percentum
(1.800) per annum.
Interest shall be payable on the fifteenth day of April
and October of each year, starting April 15, 1981, and shall be
evidenced by coupons for the interest due on each interest payment
date. Supplemental interest shall be evidenced by separate coupons
bearing the letter "A ", which may be detached and sold separately.
Both principal and interest shall be payable at the office of the
County Treasurer of Washington County in Blair, Nebraska, upon
presentation and surrender of the bonds and coupons as they sep-
arately become due.
All or any of the Series 1980 Bonds maturing on or after
• April 15, 1986, . are subject to redmeption at the option of the City
at.any time on or after April 15, 1985, at the principal amount
thereof, plus accrued interest to the date fixed for redemption.
The City covenants and agrees that on or before April 15, 1990 it
will redeem, prior to maturity, not less than $60,000 of the Series
1980 Bonds maturing April 15, 1992 and that on or before April 15,
1991 it will redeem an additional amount not less than $60,000 of
the. Series 1980 Bonds maturing April 15, 1992.
Section 3. Said Series 1980 Bonds and coupons shall be
in substantially the following form:
-
(BOND FORM)
UNITED STATES OF AMERIC
STATE OF NEBRASKA
COUNTY OF WASHINGTON
CITY OF BLAIR
WATER SYSTEM REVENUE BOND, SERIES 1980
No.
KNOW ALL MEN BY THESE PRESENTS: That the City of Blair,
in the County of Washington, in the State of Nebraska, hereby
acknowledges itself to owe and for value received promises to pay
to bearer on the fifteenth day of April, 19 , but only out of the
special fund hereinafter designated, the sum of
THOUSAND DOLLARS in lawful money of the United States of America
with interest thereon from date hereof until maturity or earlier
redemption at the rate of percentum ( %) per annum, evi-
denced by coupons, plus supplemental interest from date hereof to
April 15, 1982 (or earlier maturity), at the rate of one and eighty
hundredths percentum (1.80 %) - per annum, evidenced by separate coupons
bearing the letter "A" which may be detached and sold separately.
All such interest shall be payable on the fifteenth day of April and
October of each year, starting April 15, 1981, on presentation and
surrender of the interest coupons hereto attached as they severally
become due. Both the principal hereof and interest hereon are pay-
able at the office of the County Treasurer of Washington County, in
Blair, Nebraska.
Any of the Series 1980 Bonds maturing on or after April
15, 1986, are subject to redemption at the option of the City ,at
any time on or after Apri1_15, 1985, at the principal amount thereof .
plus accrued interest to the date fixed for redemption.
This bond is one of an issue of 177 bonds, numbered from
1 to 177, inclusive, of $5,000 each in principal amount, except for
Bond No. 1 which is of $3,000 in principal amount, of the total
principal amount of Eight Hundred Eighty -Three Thousand Dollars
($8e3,000), of even date and like tenor herewith except as to
denomination, date of maturity and rate of interest issued by said
City to provide funds for maintaining, extending and enlarging the
waterworks plant and water system owned and operated by the City
(the "Water System ") and paying at maturity $885,000 of the City's
Electric and Water Revenue Bond Anticipation Notes, dated May 15,
1977 and November 15, 1977 (the "1977 Notes "). The issuance of
said bonds has been authorized by proceedings duly had and an ordinance
lawfully enacted by, the Mayor and Council of said City in strict
compliance with Sections 16- 6,101, 18 -1101 and 18 -1803 to 18 -1805,
R.R.S. Neb. 1943.
The revenue and earnings of the Water System are pledged
and hypothecated for the payment of this bond and the other bonds
of this issue and for the payment of any additional bonds of equal
priority issued as authorized by the ordinance authorizing the bonds
of this issue. The bonds of this issue are a lien only upon said
revenue and earnings and are not general obligations of the City of
Blair, Nebraska.
The ordinance authorizing the issuance of this bond and
the other bonds of this issue sets forth the covenants and obliga-
tions of the City with respect to the Water System and the appli-
cation of the revenues to be derived therefrom, which revenues are
by the terms of said ordinance to be deposited into the "Blair
Water System Fund" and disbursed to pay costs of operation and
maintenance, make payments of principal and interest on the bonds
of this issue and make other payments as specified in said ordinance.
•Said ordinance also designates the terms and conditions on which .
additional bonds of equal lien with the bonds of this issue may be
issued in the future. The City also reserves the right to issue
bonds junior in lien to the bonds of this issue, the principal and
interest of which shall be payable from monies in the "Surplus Account"
of the Blair Water System Fund as described in said ordinance.
IT IS HEREBY CERTIFIED AND WARRANTED that all conditions,
acts and things required by law to exist or to be done precedent to
and in the issuance of this bond, did happen and were done in reg-
ular and due form and time as provided by law.
IN WITNESS WHEREOF, the Mayor and Council of the City of
Blair, Nebraska, have caused this bond to be executed on behalf of
the City with the facsimile signature of the Mayor and the manual
signature of the City Clerk and by causing the official seal of
the City to be affixed hereto, and have caused the interest coupons
hereto attached to be executed on behalf of the City by the facsimile
signatures of the Mayor and City Clerk.
ATTEST:
( S E A L ) )
DATED this fifteenth day of April, 1980.
City Clerk
CITY OF BLAIR, NEBRASKA
By:
(FORM OF COUPON)
Mayor
NO. . $
On the fifteen day of April (October), 19 , (unless the
bond to which this coupon pertains shall have been previously
called for redemption and paid, or provision for payment thereof
shall have been made) the City of Blair, Nebraska, will pay to
bearer, but solely from the special fund referred to in the bond
to which this coupon appertains, the sum shown hereon at the
office of the County Treasurer of Washington County, Nebraska, in
the City of Blair, Nebraska, for interest due on its Water System
Revenue Bond, Series 1980, dated April 15, 1980, Bond No.
City Clerk Mayor
Section 4. Each of the Series 1980 Bonds shall be exe-
cuted on behalf of the City with the facsimile signature of the
Mayor and the manual signature of the City Clerk and shall have
affixed thereto the City's seal. The interest coupons attached to
each bond shall be executed on behalf of the City with the facsimile
signatures of the Mayor and City Clerk, who by such execution of
each bond shall adopt said facsimile signatures as their own and
proper signatures. The City Clerk shall cause the Series 1980
Bonds to be registered in the office of the Auditor of Public
Accounts of the State of Nebraska, in the office of the City Trea-
surer as finance officer of said City and, in the office of County
Clerk of Washington County. Upon execution and registration of
said bonds, they shall be delivered to the City Treasurer, who is
authorized to deliver them to Chiles, Heider & Co., Inc., as pur-
chaser.thereof, upon receipt of the principal amount of said
Series 1980 Bonds plus accrued interest thereon to date of payment
for said bonds. The City Clerk shall make and certify duplicate
transcripts of the proceedings of the Mayor and Council with respect
to the Series 1980 Bonds, one of which shall be delivered to said
purchaser.
Section 5. In order to insure the prompt payment o
principal and accrued interest to May 15, 1980 on $885,000 of the
1977 Notes, it is advisable for the City to provide for an escrow of
funds and securities. By Ordinance No. 1275, the Mayor and Coun-
cil of the City of Blair have provided for an escrow to assure the
prompt payment of $325,000 of the 1977 Notes as called for redemp-
tion prior to maturity on May 1, 1980 and have by resolution
appointed
Nebraska,
Ordinance
First National Bank
& Trust Company of Lincoln, Lincoln,
as Escrow. Agent ( "Escrow Agent ") for such purpose. Both
No. 1275 and the Escrow Agreement with Escrow Agent, as
approved by said Ordinance, permit said Escrow Agreement to be
supplemented for the purpose of establishing an escrow to assure
payment of the balance owing on the 1977 Notes. Escrow Agent has
agreed to serve in such additional capacity.
As of May 15, 1980, there shall be due and for
principal and accrued interest on the $885,000 in principal balance
remaining unpaid on the 1977 Notes not less than $903,271.70.
$883,000 from the proceeds of the Series 1980 Bonds shall be applied
to the payment.of such amount on said date. The City has on hand
monies, in a reserve account established for the 1977 Notes, in an
amount sufficient to pay the balance owing on said portion of the
1977 Notes and agrees that such monies shall be added to $883,000
from the proceeds of the Series. 1980 Bonds, invested and deposited
with Escrow Agent in the manner described herein and finally applied
to the payment of:said portion of the 1977 Notes on May 15, 1980. The
$883,000 from the proceeds of the Series 1980 Bonds together with
monies of the City, as described above, shall be immediately
invested on April 15, 1980 or as soon thereafter as practicable in
one or more of the following kinds of investments:
(a) U.S. Government Obligations as defined in Section 10
hereof;
(b) Obligations issued by any of the federal land banks,
the intermediate credit banks or banks for coopera-
tives;
(c) Certificates of deposit or savings accounts of banks
which are members of the Federal Deposit Insurance
Corporation, so long as such deposits shall, to the
extent not fully insured by F.D.I.C. insurance, be
fully collateralized in the manner prescribed by
Section 16 -715 R.R.S. Neb. 1943.
All such investments shall mature or be redeemable at the option of
the holder, without penalty, no later than May 15, 1980. All invest-
ments together with any monies which are not capable of being
,invested shall be immediately turned over to Escrow Agent to be
held and applied pursuant to the terms of the Escrow Agreement
Supplement, as described in this Section 5. The amount of money
required to be deposited in addition to $883,000 from the proceeds
of the Series 1980 Bonds may be determined by taking into consider-
ation earnings on investments to be held by Escrow Agent pursuant
to this Section 5. On or before May 15, 1980, the Escrow Agent
shall reduce all investments held by it to cash and shall apply
all cash held by it to the payment of $885,000 in principal amount
of the 1977 Notes as they mature on such date. The City agrees
that if for any reason the monies on hand with Escrow Agent are
insufficient as of May 15, 198 to pay in full the principal plus
accrued interest on $885,000 in principal amount of the 1977 Notes,
it shall make up such deficiency on or before May 15, 1980. from
monies of the Water System. Any monies remaining from the proceeds
of the Series. 1980 Bonds, or from monies provided by the City pur-
suant to this, Section 5, or earnings on either thereof, on hand
with the Escrow Agent after payment in full of said portion of
the 1977 Notes shall be turned over to the City and deposited in
the Blair Water System Fund.
For the purpose of establishing an escrow and governing
the deposit of funds or investments and payment with respect to
the 1977 Notes, it is necessary and advisable for the City to enter
into an Escrow Agreement Supplement with Escrow Agent. The Mayor
and Clerk are hereby authorized and directed to execute and deliver
on behalf of the City said Escrow Agreement Supplement, including
necessary counterparts, in substantially the form and content as
presented to the meeting at which this ordinance is adopted, but
with such changes and modifications therein•as to them seem neces-
sary, desirable or appropriate for and on behalf of the City and
to affix the seal of the City thereto. Said Mayor and Clerk, or
either of them, are hereby authorized to execute and deliver for
and on behalf of the City all other documents and instruments
necessary in connection with said Escrow Agreement Supplement.
Any interest received upon the sale of the Series 1980
Bonds shall be deposited in the Bond Payment Account, as described
in Section 6 hereof, and shall le credited against the first
amounts required to be credited thereto under said Section 6.
Section 6. The revenue and earnings of the Water Sys -
tem are hereby pledged and hypothecated for the payment of the
Series 1980 Bonds and any additional bonds of equal priority
issued as authorized by this ordinance and interest on such Series
1980 Bonds and any such additional bonds, and the City does hereby
agree with the holders of said Series 1980 Bonds and additional
bonds as follows:
(a) BLAIR WATER SYSTEM FUND - The entire
gross revenues and income derived from
the operation of the Water System shall
be set aside as collected and deposited
in a separate fund which is hereby
created and shall be designated as the
"Blair Water System Fund ". For pur-
poses of allocating the monies in the
Blair Water System Fund, the City shall
set up and maintain the following
accounts: (1) Operation and Maintenance
Account; (2) Bond Payment Account;
(3) Debt Service Reserve Account; and
(4) Surplus Account.
(b) OPERATION AND MAINTENANCE ACCOUNT - Out
of the Blair Water System Fund there
shall be monthly credited into the Opera-
tion and Maintenance Account such amounts
as the City shall from time to time deter-
mine to be necessary to pay the reasonable
and necessary expenses of operating and
maintaining the Water System, and the City
may withdraw funds credited to the Opera-
tion and Maintenance Account as necessary
from time to time to pay such expenses.
(c) BOND PAYMENT ACCOUNT - Out of the Blair
Water System Fund there shall be credited
monthly on or before the first day of each
month to the Bond Payment Account, start-
ing with the month of May, 1980, the fol-
lowing amounts:
(1) For the period from May, 1980
through April, 1981:
(A) an amount equal to 1/12
of the next maturing
annual interest payment
on the Series 1980 Bonds;
(B) an amount equal to 1/12
of the next maturing
principal payment on
the Series 1980 Bonds.
(2) For the period from May, 1981
on, so long as the Series 1980
Bonds remain outstanding:
(A) an amount equal to 1/6
of the next maturing
semiannual interest
payment on the Series
1980 Bonds;
(B) an amount equal to 1/12
of any principal payment
on the Series 1980 Bonds
due within the following
twelve month period or of
any mandatory principal
redemption due within such
twelve month period.
The City Treasurer is hereby authorized
and directed, without further authoriza-
tion, to withdraw monies credited to the
Bond Payment Account, or if the monies in
such Account are insufficient, then from
the Debt Service Reserve Account and next
from the Surplus Account, an amount suf-
ficient to pay, when due, the principal
of and interest on the Series 1980 Bonds
or any additional bonds and to transfer
such amount to the County Treasurer of
Washington County, at least five (5) days
before each principal and interest payment
date. Upon the issuance of any additional
bonds pursuant to this ordinance appro-
priate additional credits to the Bond Pay -
ment Account shall be provided for suffi-
cient to pay principal and interest on
said additional bonds.
(d) DEBT SERVICE RESERVE ACCOUNT - On May.15,
1980, the City agrees that it shall trans -
far from reserve monies held with respect
to the 1977 Notes or other available funds
the sum of $ 67,000 to the Blair Water
System Fund to be credited to the Debt
Service Reserve Account. After making the
credits required by the foregoing para-
graphs, there shall monthly be credited
into the Debt Service Reserve Account the
sum of $ 1,120 until such Account con-
tains $ 13mffo Monies credited to the
Debt Service Reserve Account may be with-
drawn, as needed to provide funds to pay,
when due, the principal and interest on
the Series 1980 Bonds and any additional
bonds issued pursuant' to this ordinance,
if the Bond Payment Account contains
insufficient funds for that purpose, and
the City Treasurer is hereby authorized
and directed 'to make such withdrawal if
and when needed. After the Debt Service
Reserve Account has received the amount
required to be credited therein, the
monthly credits need not be made to such
Account, but in the event of withdrawal
from the Debt Service Reserve Account,
the monthly credits shall again commence
until the Debt Service Reserve Account
again contains the amount required. Upon'
the issuance of any additional bonds pur-
suant to this ordinance the amount
required to be accumulated and maintained
in the Debt Service Reserve Account shall
be set at an amount not less than the
average annual debt service on the Series
1980 Bonds, any additional bonds then
outstanding and the proposed additional
bonds and the amount of the monthly cred-
it required for the purpose of accumulat-
ing such amount in the. Debt Service
Reserve Account. shall be set so that such
amount shall be accumulated in a period
of not more than five years. For such
purposes, average annual debt service
shall be computed in the same manner
as specified in subsection 8(b)(1).
(e) SURPLUS ACCOUNT - Monies from the Blair
Water System Fund remaining after the
credits required in the foregoing para-
graphs (b) , (c) and (d). shall be credited
to the Surplus Account. Monies in the
Surplus Account may be used to make up
any deficiencies in the preceding Accounts,
to retire any of the Series 1980 Bonds,
or any additional bonds prior to their
maturity, to pay principal of and interest
on any junior lien water system revenue
bonds or notes (specifically including,
any junior lien water system revenue
bonds issued in connection with the
Farmers Home Administration loan
referred to in Section 1 hereof) or for any
other lawful purpose of the City as
directed by the Mayor and City Council.
Any ordinance authorizing the issuance of
junior lien water system revenue bonds
payable from monies credited to the Sur-
plus Account may provide for the e
ing of any necessary or appropriate sub-
accounts within the Surplus Account and
may restrict the City's right to apply
Surplus Account monies to the prior
redemption of Series 1980 Bonds or addi-
tional bonds.
The provisions of this Section shall require the City
to maintain a set of books and records in accordance with such
accounting methods and procedures as are generally applicable to
municipal,utility enterprises, which books And records shall show
credits to and expenditures from the several Accounts required by
this Section. Except as specified below for the Debt Service.
Reserve Account, the City shall not be required to establish
separate bank or investment accounts for said Accounts. Monies
credited to the Debt Service Reserve Account shall, if maintained
in a demand account be kept in a separate account and not com-
mingled with other City or Water. System funds. If invested,
monies credited to the Debt Service Reserve Account may be com-
mingled with other City funds, including Water System funds, so
long as the City maintains books and records clearly identifying
the specific investments, or portions thereof, which belong to the
Debt Service Reserve Account.
Monies in any of the Accounts except the Debt Service
Reserve Account may be invested in eligible for invest-
ment of other City funds. Monies in the Debt Service Reserve
Account may be invested in U.S. Government Obligations, as defined
in Section 10 hereof, in obligations issued by any of the federal
land banks, the intermediate credit banks or the banks for coop-
eratives or any combination thereof, or in certificates of deposit,
savings accounts or other interest bearing accounts in banks which
are members of the Federal Deposit Insurance Corporation, except
that whenever the amount so deposited exceeds the amount of the
F.D.I.C. insurance available thereon, the excess shall be secured
in the manner required by Section 16 -715 R.R.S. Neb. 1943. Invest-
ments made from or attributable, in whole or in part, to the Debt
Service. Reserve Account shall mature or be redeemable at the option
of the holder, without penalty, in not more than ten years. Income
from or profit realized from investment for any Account shall be
credited to such Account until such Account contains the amount
required to be therein, and thereafter such income or profit shall
be transferred to the Blair Water System Fund and treated as other
revenues from the operation of the Water System.
Section 7. So long as any of the Series 1980 Bonds and
any additional bonds issued pursuant to this ordinance shall remain
outstanding and unpaid, the City covenants and agrees to establish,
revise, from time to time as necessary, and collect such rates and
charges for the water and water service furnished from the Water
System adequate to produce revenues and earnings sufficient at all
times:
(a) To provide funds to pay, when due, the
principal of and interest on the Series
1980 Bonds and any additional bonds
issued pursuant to this ordinance.
(b) To pay all proper and necessary costs of
operation and maintenance of the Water
System and to pay for the necessary and
proper repairs, replacements, enlarge-
ments, extensions and improvements to
the Water System.
(c) To provide funds sufficient to make the
credits into the Accounts and at the
times and in the amounts required by
Section 6 of this ordinance.
(d) To provide Net Revenues in each fiscal
year adopted by the City for the Water
System in an amount not less than 1.25%
of the average annual debt service on,
the Series 1980 Bonds and any additional
bonds issued pursuant to this ordinance.
For such purposes "Net Revenues" shall
mean the gross revenues derived from the
ownership and operation of the Water
System, including investment income,
less ordinary expenses of operating and
maintaining the Water System payable
from the Operation and Maintenance
Account. Operation and maintenance
expenses for such purpose shall not
include depreciation, amortization or
interest on any bonds or other indebted
ness. Also for such purpose "average
annual debt service" shall be determined
for each such fiscal year by adding all
the principal and interest which will
become due when computed to the absolute
maturity of the Series 1980 Bonds and
any additional bonds, all as may then
be outstanding, and dividing such total
by the number of years remaining that
the longest bond of any such issue of
bonds has to run to maturity.
Section 8.. To provide funds for any purpose related to
the Water System, the City may issue additional bonds payable from
the revenues of the Water System having equal priority and on a
-12-
parity with the Series 1980 Bonds only upon compliance with the
following conditions:
(a) Such additional bonds shall be issued
only pursuant to an ordinance which
shall provide for an increase in the
monthly credits into the Bond Payment
Account in amounts sufficient to pay,
when due, the principal of and inter-
est on the Series 1980 Bonds and such
additional bonds and for such monthly
credits to the Debt Service Reserve
Account as are required under subsec-
tion 6(d).
(b) The City shall have complied with one
or the other of the two following
requirements:
(1) The Net Revenues derived by the
City from its Water System for
the fiscal year next preceding
the issuance of the additional
bonds shall have been at least
equal to 1.33 times the average
annual debt service require-
ments of the Series 1980 Bonds
and any additional bonds pre -
viously issued, both as then
outstanding, and on the pro-
posed additional bonds. For
purposes of such determination
"Net Revenues" shall have the
same meaning as provided for
in subsection 7(d). Such Net
Revenues shall be shown by an
audit for such fiscal year for
the City's Water System as con-
ducted by independent certified
public accountants. Also for
purposes of such determination,
"average annual debt service"
shall be determined by adding
all of the principal and inter-
est due when computed to the
absolute maturity of the Series
1980 Bonds and any additional
bonds previously issued, both
as then outstanding, and on the
proposed additional bonds and
dividing such total by the num-
ber of years remaining that the
longest bond of any issue of
bonds (including the proposed
additional bonds) has to run to
maturity; or
(2) The City shall have received a
projection made by a consulting
engineer of firm of consulting
engineers, recognized as.having
experience and expertise in muni-
cipal water systems, projecting
that the Net Revenues of the
Water System in each of the five
full fiscal years after the issu-
ance of such additional bonds
will be at least equal to 1.33
times the average annual debt
service requirements of the
Series 1980 Bonds and any addi-
tional bonds previously issued,
both as then outstanding, and
the proposed additional bonds.
For purposes of such projection
"Net Revenues" shall have the
same meaning as provided in
subsection 7(d). and average
annual debt service shall be
computed in the same manner as
specified in subsection 8(b)(1).
In making such projection, the
consulting engineer shall use
as a basis the Net Revenues of
the Water System during the
last year for which an indepen-
dent audit has been prepared
and shall adjust such Net Rev-
enues as follows: (A) to reflect
changes in rates which have gone
into effect since the beginning
of the year for which the audit
was made, - (B) to reflect his
estimate of the net increase
over or net decrease under the
Net Revenues of the Water Sys-
tem for the year for which the
audit was made by reason of:
(i) changes of amounts payable
under existing contracts for
water service (ii) additional
general income from sales to
customers under existing
schedules for various classes
of customers or as such sched-
ules may be revised under a
program of changes which has
been adopted by the Mayor and
Council of the City (iii) pro -
jected revisions in costs for -
labor, wages, salary, machinery,
equipment, supplies.and other
operational items (iv) revisions
in amount of water to be supplied
and any related administrative
or other costs associated with
such increases due to increased
water supply from the acquisition
of any new facility and (v) such
other projections of revenues and
expenses as the consulting engi-
neer deems reasonable and proper.
Annual debt service on any proposed
additional bonds to be issued may
be estimated by the consulting
engineer, but no additional bonds
shall be issued requiring any annual
debt service payment in excess of
the amount so estimated by the con-
sulting engineer.
If the City shall find it desirable it shall also have the right
when issuing additional bonds to combine with its Water System any
other utilities of the City authorized to be combined under Sec -
tions 19 -1305 through 19 -1308 or 18 -1803 through 18 -1805 R.R.S.
'Neb. 1943, and to cause all of the revenues of such combined
utilities systems to be paid into the Blair Water System Fund,
which fund may be appropriately redesignated, and to provide that
all of the Series 1980 Bonds and any additional bonds previously
issued, both as then outstanding, and the proposed issue of addi-
tional bonds shall be payable from the revenues of such combined
utilities and shall stand on a parity and in equality as to secu-
rity and payment, provided, however, no utility shall be combined
with the Water System as contemplated in this paragraph unless
the City is current with all the payments required to be made into
the Accounts created in Section 6, the conditions of subsection
8(a) shall have been satisfied and the Net Revenues of the combined
utilities ° systems shall satisfy one or the other of the require-
ments for additional bonds provided in subsection 8(b) above. For
purposes of meeting such requirements, the definition of Net
Revenues shall be altered to include the gross revenues of the
additional utility or utilities and to take into consideration
ordinary expenses of operating and maintaining the additional
utility or utilities and for such purposes any engineer furnishing
projections may take into consideration the factors similar to
those described in subsection 8(b)(2)(B) above with respect to
such additional utility or -utilities. Net Revenues of the addi-
tional utility or utilities shall be based upon the report or
reports of independent certified public accountants in the same
manner as is required under subsection 8(b) above.
The City may issue refunding bonds, which shall qualify
as additional bonds under this Section 8, to refund any Series
1980, Bonds or additional bonds without compliance with the pro-
visions of subsection 8(b) above, provided that, if any such Series
•
1980 Bonds or additional bonds are to remain outstanding after the
issuance of such refunding bonds, the principal payments due in any
calendar year in which those bonds which are to remain outstanding
mature, or in any calendar year prior thereto, shall not be increased
over the amount of such principal payments due in such calendar
years immediately prior to such refunding.
The City hereby covenants and agrees that so long as any
of the Series 1980 Bonds and any additional bonds are outstanding,
it will not issue any bonds or notes payable from the revenues of
the Water System except in accordance with the provisions of this
ordinance, provided, however, the City reserves the right to issue
bonds or notes which are junior in lien to the Series 1980 Bonds
tL
and any such additional bonds with the principal and interest of
such bonds or notes to be payable from monies credited to the
Surplus Account as provided in subsection 6(e). (specifically
including junior lien water system revenue bonds issued in connec
tion with the Farmers Home Administration Loan referred to in Sec -.
tion 1 above). The term "additional bonds" as used in this ordi-
nance refers only to such bonds as are payable from the revenues
of the Water System on a parity with the Series 1980 Bonds and are
issued in accordance with the terms of this Section. Any ordinance
authorizing the issuance of junior lien bonds or notes may contain
,provisions further limiting the City's ability to issue additional
-bonds.
The provisions of this ordinance shall not be construed
as in any manner limiting the City's rights to issue refunding
bonds, payable from any special source or payable from monies
the Surplus Account, pending the application of the proceeds thereof
to the payment of bonds to be refunded, which refunding bonds may
have a lien upon the revenues of the Water System junior to that
of Series 1980 Bonds or any additional bonds then outstanding.
For any such refunding bonds to qualify as additional bonds under
any Series 1980 Bonds or additional
this Section,
as follows:
in the event that
bonds are to remain outstanding after the application of the pro-
ceeds of such refunding bonds to the payment of the bonds to be
as of the time of their issuance
of subsection 8(b) above or with
•
refunded, such refunding bonds,
must comply with the provisions
the conditions of the second paragraph immediately above, but for
purposes of such requirements payments'of principal and interest
due on the bonds to be refunded, after their proposed date of
redemption, and on such refunding bonds, from time of their issu-
ance until the time the proceeds :thereof are applied to the payment
of the bonds to be refunded, shall be excluded from consideration.
as any Series 1980 Bonds or addi-
Section 9. So long
tional bonds are outstanding,
in
the City hereby covenants and agrees
(a) The City will maintain the Water System in
e
good condition and will continuously P e
ate the same in a reasonable and efficient
manner,. and the City will punctually per
form all the duties with'reference to said
system required by the Constitution and
statutes_ of the State of Nebraska, but this
covenant shall not prevent the City from
discontinuing the use and operation of all
or any portion of the Water System so long
as the revenues derived from the City's
ownership of the properties constituting
the Water System shall be sufficient to
fulfill the City's obligations under Sec-
tion 7 of this ordinance.
(b) The City will not grant any franchise or
right to any person, firm or corporation
to own or operate a water system in compe-
tition with that owned by the City.
(c) The City will maintain insurance on the
property constituting the Water System
(other than such portions of the system
as are not normally insured against loss
by casualty) in the amounts and against
the risks customarily carried by similar
utilities, but including fire and extended
coverage insurance in an amount which
would enable the City to repair, restore
or replace the property damaged to the
extent necessary to make the Water System
operable in an efficient and proper manner
to carry out the City's obligations under
this ordinance. The Board of Public Works
shall annually, within one month after the
end of each fiscal year adopted by the
City for the Water System examine the
amount of insurance carried with respect
to the Water System and shall evidence
approval of such insurance by resolution.
The proceeds of any such insurance
received by the City shall be used.to
repair, replace or restore the property
damaged or destroyed to the extent neces-
sary to make the Water System operable
in an efficient and proper manner, and
any amount of insurance proceeds not so
used shall be credited to the Surplus
Account. In the event of any such
insured casualty loss, the City may
advance funds to make temporary repairs
or provide for an advance on costs of
the permanent repair, restoration or
replacement from the Operation and Mainte-
nance Account and any such advances shall
be repaid from insurance proceeds received.
(d) The City will keep proper books, records
and accounts separate from all other rec-
ords and accounts in which complete and
correct entries will be made of all trans-
actions relating to the Water System. The
City will have its operating and financial
statements relating to the Water System
audited annually by a certified public
accountant or firm of certified public
accountants. The City will furnish to the
original purchaser of the Series 1980 Bonds
and to the original purchaser or purchasers
of each series of additional bonds issued
hereunder, within four months after the end
of each fiscal year of the Water. System, a
copy of the financial statements of the
Water System and the report thereon of the
certified public accountants.
(e) The City shall 'cause each person handling
any of the monies in the Blair Water Sys-
(f)
tem Fund to be bonded by an insurance
company licensed to do business in Nebraska
in an amount or amounts sufficient to cover
at all times the maximum amount of money
belonging to the Water System in the pos-
session or control of any such person. The
amount of such bond or bonds shall be
fixed by the Mayor and Council and the
costs thereof shall be paid as an operating
and maintenance expense from the Operation
and Maintenance Account.
So long as the City is current with all
payments or credits required to be made
under Section 6 hereof and is also in
compliance with the covenants of Section
7 hereof, the City may pay for water
service used by it at such rate or rates
as shall be agreed upon by the Board of
Public Works and the Mayor and Council.
In the event that the City is not in
compliance with the provisions of said
Sections 6 and 7 hereof, the City . shall
be required to pay for water service
used by it at the rate or rates appli-
cable to such usage as fixed by the
City's water rate ordinances then in
effect.
Section 10. The City's obligations under this ordinance
and the liens., pledges, covenants and agreements of the City herein
made or provided for, shall be fully discharged and satisfied as to
the Series 1980 Bonds or any additional bonds issued pursuant to
this ordinance and any such bonds shall no longer be deemed out -
standing hereunder if such bonds shall have been purchased and
cancelled by the City, or when payment of the principal of and
interest thereon to the respective date of maturity or redemption
(a) shall have been made or caused to be made in accordance with
the terms thereof; or (b) shall have been provided for by deposit-
ing with the Treasurer of Washington County, Nebraska, or with a
national or state bank having trust powers, in trust solely for
such payment (1 sufficient money to make such payment or (2)
direct general obligations of or obligations the principal and
interest of which are unconditionally guaranteed by the United
States of America (herein referred to as "U.S. Government Obliga-
tions") in such amount and bearing interest at such rates and pay-
able at such time or times and maturing or redeemable at stated
fixed prices at the option of the holder as to principal at such '
time or times as will ensure the availability of sufficient money
to make such payment; provided, however, that, with respect to any
bond to be paid prior to maturity, the City shall have duly given
notice of redemption of such bonds as provided by law. Any such
money so deposited with a bank or the County Treasurer of Washing
ton County may be invested and .reinvested in U.S. Government Obli-
gations at the direction of the City, and all interest and income
from such U.S. Government Obligations in the hands of such bank or
Treasurer in excess of the amount required to pay principal of and
interest on the bonds for which such monies were deposited, shall
be paid over to the City as and when collected.
Section 11. The terms and provisions of this ordinance
do and shall constitute a contract between the City of Blair and
the holder or holders of the Series 1980 Bonds and no changes,
variations•or alterations of -any kind, except for changes neces-
sary to cure any ambiguity, formal defect or omission, shall be
made to this ordinance without the written consent of the holders
of two - thirds (2 /3rds) in principal amount of the Series 1980
Bonds then outstanding, provided, however, that neither the prin-
cipal and interest to be paid upon any bond'or the maturity date
of any bond shall be changed without the written consent of all
holders of the Series 1980 Bonds then outstanding affected thereby.
The holder of any Series 1980 Bond or Bonds may, either in law or
in equity, by suit, action, mandamus or other proceeding, enforce
or compel performance of any and all of the acts and duties
required by this ordinance, and any court of competent jurisdic
tion may, on application of any such holder, appoint a receiver
to take charge of the Water System and operate the same and apply
the earnings thereof to the payment of the principal of and inter-
est on bonds issued pursuant to this ordinance in accordance with
the provisions hereof.
Section 12. The Mayor and City Clerk of the City are
hereby authorized to do all things and execute all such documents
as may by them be deemed necessary and proper to complete the
issuance and sale of the Series 1980 Bonds as contemplated by
this ordinance.
Section 13. The City hereby covenants with the pur-
chasers and holders of the Series 1980 Bonds that it will make no'
use of the proceeds of said issue, including monies held in any
sinking fund for the payment of principal and interest on said
bonds, which would cause said bonds to be arbitrage bonds within
the meaning of Section, 10.3(c) of the internal Revenue Code of
1954, as amended, and further covenants to comply with said Sec-
tion 103(c). and all applicable regulations thereunder throughout
the term of said issue.
Section 14. If any section, paragraph, clause or pro-
vision of this ordinance shall be held invalid, the invalidity of
such section, paragraph., clause or provision shall not affect any
of the other provisions of this ordinance:
Section 15. This ordinance shall be published in pamph-
let form and shall be in force and take effect from and after its
passage and approval according to law.
PASSED AND APPROVED this 25th day of March, 1980.
ATTEST :.
(•S E A
City Clerk
CERTIFICATE AS TO PUBLICATION
IN PAMPHLET FORM
The undersigned •City Clerk of the City of Blair, Nebraska hereby
L
certifies that the attached and foregoing is a true and correct copy of
Ordinance No. 1276 as passed by the. Mayor and Council on March
25, 1980• Said Ordinance was published in pamphlet: form on
1980.
(SEAL).
ORDINANCE NO. 1277
AN ORDINANCE AUTHORIZING THE ISSUANCE OF VARIOUS PURPOSE BONDS
OF THE CITY OF BLAIR, NEBRASKA, IN THE PRINCIPAL AMOUNT OF TWO
HUNDRED TWENTY -FIVE THOUSAND DOLLARS;($225,000) FOR THE PURPOSE OF
PAYING THE UNPAID COSTS OF STREET IMPROVEMENTS IN STREET IMPROVE-
MENT DISTRICT NOS: 135, 137, 138, 139 AND 141., OF SANITARY
SEWER IMPROVEMENTS IN SANITARY SEWER EXTENSION DISTRICT NOS.
42, 43 and 44, 0? WATER IMPROVEMENTS IN WATER EXTENSION
DISTRICT NOS. 19 THROUGH 21, INCLUSIVE, OF THE CITY OF BLAIR,
NEBRASKA PRESCRIBING THE FORM OF SAID BONDS AND PROVIDING FOR
THE LEVY OF TAXES TO PAY THE SAME,
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
Section 1. The Mayor and City Council of the City of Blair, Nebraska,
hereby find and determine that pursuant to :Ordinances heretofore duly enacted,
Street Improvement District, Nos. 135, 137, 138, 139 and 141, were'created in
said City and certain street improvements, including paving, curbing and
guttetffng, have been constructed in said Districts, which improvements have
been completed and accepted by the City and hereby are accepted; that the
cost of said improvements as reported by the City's Engineer is'$119,270.86
of which $113,239.37 is cost and $6,031.49 is the cost of
improving intersections, areas formed by the crossing of streets, avenues,
alleys and streets adjacent to the real estate owned by the City; that
additional miscellaneous costs, including interest on warrants, have been
incurred for said improvements; that special assessments have been duly levied
according to law on the real estate in said District specially benefited by
said aforementioned improvements and said special assessments are valid liens
on the lots and tracts of real estate upon which they have been levied; after
applying to the payment of said costs of the improvements all monies collected
on the special assessments in said Districts there still remains due and pay-
able by the City on the district cost not less than $117,,283.34; that all
conditions, acts. and things .required by law to exist onto be done precedent
to the issuance of Street Improvement Bonds of said Districts in the amount of
$112,500.00 pursuant to Sections 16 -6.23 and 16 -624 R.R.S., Nebr., 1943,
and precedent to the issuance of Intersection Improvement bonds in the amount
of $6,000.00 pursuant to Section 16 -626 R.R.S., Nebr., 1943, do exist
and have been done as required, by law.
Section 2. The Mayor and Council of the City of Blair further find and
determine that pursuant to heretofore duly enacted Sanitary Sewer
Extension'.District Nos. 42,. 43 and 44, were created in.said City and
certain sanitary sewer improvements have been constructed in said Districts,
which improvements have been completed and accepted by the City and hereby
are accepted; that the cost of said improvements as reported by the City's
engineer is 578,522.29 that. additional miscellaneous costs, including
interest on warrants have been incurred for said improvements; that special
assessments have been duly levied according to law on the real estate in said
district specially benefited by said aforementioned improvements and said
special assessments are valid liens on the lots and tracts of real estate
upon which they have been 1 evied;' that after applying to the payment of said
costs of the improvements. all monies collected on the special assessments in
said Districts there still remains dine and" - payable by the City with respect
to the costs of said Districts not less than $79,305.26; that all condit-
ions, acts and things required bylaw to exist or to be done. precedent to
the issuance of District Sanitary ',Sewer Service Extension Bonds of said
District in the amount of $8.0,000,00; pursuant to Section 19;2405 R.R.S.,
Nebr., 1943, do exist and have been done as required by law.
Section 3. The Mayor and City Council of the City of Blair, Nebraska
further find and determine that pursuant to Ordinances heretofore duly enacted,
Water Extension District Nos. 19 through 21, inclusive, were created in said
City and certain water extension improvements have been constructed in said
Districts, which improvements have been completed and accepted by the City
and hereby are accepted; that the costs of said improvements as reported by
the City's engineer is $ 25,355.57; that additional miscellaneous costs,
including interest on warrants have been incurred for said improvements; that
special assessments have been duly levied according to law on the real estate
in said Districts specially benefited by said aforementioned improvements and
said special assessments are valid liens on the lots and tracts of real estate
upon which they have been 1 evi ed; after applying to the payment of said costs
of the improvements, all monies collected on the special assessments in said
Districts, there still remains due and payable by the.City on the costs with
respect to said Districts not less than..$ 25,638.31; that all conditions,
acts and things required by law to exist or to be done precedent to the
issuance of District Water Service Extension Bonds of said Districts in the
amount of 526.500.00; pursuant td Section 19 -2405 R.R.S., Nebr., 1943,
do exist and have been done as rewired by law.
Section 4. The Mayor and City Council of the City of Blair, Nebraska
further find and determine; That all conditions, acts and things required to
exist or to be done precedent to the issuance of Various Purpose Bonds of the
City of Blair, Nebraska, pursuant, to Sections 18 -1801 and 18 -802 R.R.S.,
Nebr., 1943, to pay the cost of the improvements mentioned in Section'1
through 3, inclusive, do exist and have been done as required by law, and
there shall be and there are hereby ordered issued negotiable bonds of the
City•of Blair, Nebraska, to be called "VARIOUS PURPOSE BONDS" in the principal
amount of Two Hundred Twenty-five Thousand Dollars ($225,000) consisting of
forty -five bonds, numbered from 1 to 45, inclusive, in the denomination of
$5,000 each, dated May 1, 1980, and the principal of said bonds shall become
due and payable and said bonds shall bear basic interest as follows:
BOND NUMBERS AMOUNT
1 and 2 $10,000
3 to 5, inclusive 15,000
6 to 8, inclusive 15,000
9 to 12, inclusive- 20,000
13 to 16, inclusive 20,000
17 to 20, inclusive 20,000
21 to 24, inclusive 20,000
25 to 29, inclusive 25,000
30 to 34, inclusive 25,000
35 to 39, inclusive 25,000
40 to 45, inclusive 30,000
MATURING
May 1; 1981
May 1, 1982
May 1, 1983
May 1, 1984
May 1, 1985
May 1, 1986
May 1, 1987
May 1, 1988
May 1, 1989
May 1., 1990
May 1, 1991
BASIC INTEREST RATES
8.75%
8.75
8.75
8.75
8.75
8.80
8.80
8.90
9.00
9.00
9.10
In addition to the foregoing basic rates, Bond Nos. 1 to 45, inclusive,
shall bear supplemental. interest at the rate of 3.2% per annum from May 1,
1980 to May 1, 1981, which supplemental interest shall be evidenced by
separate coupons bearing the letter "A ", which separate coupons may be
detached and sold separately.
Provided, however, the City reserves the right and option to -redeem
prior to maturity any or all of Bond Nos. 17 to 45, inclusive, in inverse
order of serial numbers, at any time on or after May 1, 1985, at par and
accrued interest to date fixed for redemption.
All of said bonds shall bear interest payable May 1, 1981 and semi-
annually thereafter on the first day of May and November of each year.
Attached to each of said bonds shall be interest coupons payable at the
time the respective interest payments thereon become due, and for the amount
thereof.
form:
Section 5. Said bonds shall be executed on behalf of the City by being
signed by the Mayor and City Clerk, and shall have the City seal impressed
on each bond. The interest coupons shall be executed on behalf of the City
by being signed by the Mayor and City Clerk, either by affixing their own
proper signatures to each coupon, or by causing their facsimile signatures
to be affixed thereto.
Section 6. The special assessments levied upon the real estate in said
Street Improvement aistrfc.t's., Sanitary Sewer Extension Districts and Water
Extension Districts and the interest on said assessments shall be kept in a
special account and used to pay the principal and interest of said Various
Purpose Bonds. The City agrees that it wiT1 collect said special assessments
and in case the monies collected therefrom are not sufficient to fully and
promptly, pay the interest and principal of said Various Purpose Bonds as and
when such interest and principal become due, then the City will cause to be
levied and collected annually a tax by valuation upon all the taxable
property in the City, in addition to all other taxes, sufficient in amount to
fully pay the interest and principal of said Various Purpose Bonds when and as
such interest and principal .become due.
Section 7. Said bonds and coupons shall be substantially the following
UNITED STATES OF AMERICA
STATE OF NEBRASKA
COUNTY OF WASHINGTON
VARIOUS PURPOSE BOND OF THE CITY OF BLAIR, NEBRASKA
No. $5,000.00
KNOW ALLAN BY THESE PRESENTS: That the City of Blair, in the County of
Washington, in the State of Nebraska, hereby acknowledges itself to owe and
for value received promises to pay the bearer the sum of. FIVE THOUSAND DOLLARS
($5,000.00) in lawful money of the United States of America on the first day
of May, 19 thereon from the date hereof
(INSERT INTEREST RATES AS SET OUT IN SECTION 4 OF THIS BOND ORDINANCE)
All of which interest shall be.:payable May 1, 1981 ° and semi- annually there-
after on the first day of May.and November of each year on presentation and
surrender of the interest coUPC s hereto attached, as they severally become due.
(For Bond Nos. 17 to 45, inclusive) This bond is redeemable at the option
of the City at any time on or, after May 1, 1985, in inverse order of serial
numbers, at par plus accrued interest to the date fixed for redemption.
Both principal hereof and the interest hereon are payable at the
office of the Treasurer of Washington County, in Blair, Nebraska. For the
prompt' payment of this bond, both principal and interest when due, the full
faith, credit and resources of said City are irrevocably pledged.
This bond is one of .a series of forty -five (45) bonds, numbered from 1 to
45, inclusive, of like date and tenor, except as to date of maturity, rate of
interest, and option provision, being the denomination of $5,000.00 each of
� a total principal amount of Two Hundred Twenty -five Thousand Dollars ($225,000)
1 and is issued. by said City for the purpose of paying the unpaid costs of street
improvements including the costs of improving intersections and areas formed
by the crossing of streets, avenues or alleys in Street Improvement District
Nos. 135, 137, 138, 139 and 141, and of sanitary sewer improvements in
Sanitary Sewer Extension District Nos. 42, .43 and 44, and of water improvements
in Water Extension District Nos. 19 through 21, inclusive, of the City of Blair,
Nebraska as provided by Section 16 -623, 16- 624,:16 -626, 19 -2405, 18 -1801,
18-1802, R.R.S., Nebr., 1943,. and has been authorized by an ordinance legally
enacted and proceedings duly had by the Mayor and City Council of the City.
IT IS HEREBY CERTIFIED AND WARRANTED that all conditions, acts and things
required by-law to exist or to be done precedent to and in the issuanc.e.of
thi.s bond, did exist, did happen and were done and performed in regular and
-due form and time as required by law, and that the indebtedness of said City,
including this bond, does not exceed any limitation imposed by law. All as-
sessments levied against property specially benefited by said improvements
are valid liens upon the respective lots and parcels of real estate on which
they are levied, and shall, when collected, be set aside and constitute a
sinking fund for the payment of interest and principal on said bonds. The
City agrees that it will collectsaid special assessments and in case the
principal and interest of said bonds cannot be fully paid out of said, sinking
fund promptly when and as such interest and principal become due, the City
will cause to be levied and collected annually a tax by valuation upon all
the taxable property in said City, in addition to all other taxes, sufficient
to make up the deficiency and fully pay the interest and principal of-said
bonds as and when the same become due.
IN WITNESS WHEREOF, the Mayor and City Council have caused this bond to
be executed on behalf of the City of Blair, by being signed by its Mayor and
Clerk, and by causing the official seal of the City to be affixed and have
caused the interest coupons attached hereto to be executed on behalf of the
City by having affixed thereto,the facsimile signatures of the Mayor and Clerk,
and the Mayor and Clerk by executing this bond, do adopt as and for their own
proper signatures their respective facsimile signatures affixed to said coupons.
Dated this first day of May, 1980.
ATTEST:
(DO NOT SIGN)
City Clerk
CITY OF BLAIR, NEBRASKA
By: (00 NOT "SIGN)
Mayor
No.
(FORM OF COUPON)
On the first day of May (November) 19 (unless the bond to which this
coupon pertains has been called for redemption and money provided therefor
prior to said date) the City of Blair will pay to bearer
Dollars ($ ) at the office of
the County Treasurer of Washington County, in Blair, Nebraska for interest
due on that day on its Various Purpose Bond, dated May 1, 1980, Bond No.
(DO NOT SIGN) (DO NOT SIGN)
City Clerk Mayor
Section 8. After being executed by the Mayor and City Clerk, said bonds
shall be delivered to the City Treasurer who shall be responsible therefor
under his official bond. The City Treasurer shall cause said bond- to be
registered in the office of the Auditor of Public Accounts of the 'State of
Nebraska and in the office of the County Clerk of Washington County, Nebraska.
The City Clerk is directed to make and certify in duplicate transcripts of the
proceedings of the City had and done precedent-to the issuance of said bonds,
one of which transcripts shall be filed with the Auditor of Public Accounts
of the State of Nebraska, and the other shall be delivered to the purchaser
of said bonds.
Section 9. The bonds are hereby sold to First Mid America Inc Omaha,
Nebraska, at par plus accrued interest to date. of delivery. When said bonds
have been duly executed and registered, the City Treasurer is authorized and
ATTEST:
AlAr
City ' e rk
(SEAL)
directed to deliver the same to the purchaser thereof upon receipt of full
payment of the purchase price, which shall be not less than par anc accrued
interest to date of delivery.
Section 10. The City of Blair, Nebraska hereby covenants to tre purchasers
and holders of the bonds hereby authorized that it will make no USE of the
proceeds of said bond issue, including monies held in any sinking fund with
respect to said bonds, which, if such use had been reasonably expected on the
date of issue of said bonds, would have caused said bonds to be arbitrage
bonds within the meaning of Section 103(c) of the Internal Revenue Code of
1954, as amended, and further covenants to comply with said Section 103(c)
and all applicable regulations thereunder throughout the term of said bond
issue.
Section 11. This Ordinance shall take effect and be in force from and
after its passage according to law.
PASSED AND APPROVED this. 8th day of April, 1980.
Mayor
1
ORDINANCE NO. 1278
AN ORDINANCE ANNEXING A TRACT OF LAND DESCRIBED AS TAX LOT EIGHTY -
FOUR (84) IN SECTION TWENTY -THREE (23), TOWNSHIP EIGHTEEN (18)
NORTH, RANGE ELEVEN (11), EAST OF THE SIXTH PRINCIPAL MERIDIAN IN
WASHINGTON COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED HEREIN -
BELOW, WHICH IS CONTIGUOUS TO THE CITY OF BLAIR, NEBRASKA; AND
EXTENDING THE LIMITS OF THE CITY OF BLAIR TO INCLUDE SAID ANNEXED
TERRITORY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON-
FLICT HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN
FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. That the owners of a tract of land
described as: That part of Tax Lot Eighty -Four (84) in Section
Twenty -Three (23), Township Eighteen (18) North, Range Eleven (11),
East of the Sixth Principal Meridian in Washington County, Nebraska,
lying outside the limits of the City of Blair, have indicated to
the Mayor and City Council of the City of Blair their desire that
said territory which is contiguous to the City of Blair be annexed
to said City, which said request was accompanied by a plat of said
territory to be annexed certified by a competent surveyor.
SECTION 2. That a majority of the City Council of
the City of Blair voted in favor of said annexation.
SECTION 3. That the tract of land described herein
be and the same hereby is annexed to the City of Blair, Nebraska.
SECTION 4. The limits of the City of Blair, Nebraska,
are hereby extended to include this said territory.
SECTION 5. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 6; This ordinance shall be in force and
take full effect from and after its passage, approval and publication
as provided by law.
Passed and approved this 22nd day of April, 1980.
ATTEST:
DOUGLAS E. BULLOCK, CITY CLERK
(SEAL)
OFFICES OF
O•HANLON & O•HANLON
LAWYERS
ELAIR, NEBRASKA
M. STANLEY JENS
AYOR
STATE OF NEBRASKA
WASHINGTON COUNTY
) :ss
).
DOUGLAS E. BULLOCK hereby certifies that he is the
duly appointed, qualified and acting City Clerk of the City of Blair,
Nebraska, and that the above and foregoing Ordinance was passed at
a regular meeting of the Mayor and City Council of said City held
on the 22nd day of April, 1980.
(SEAL)
OFFICES OF
O'HANLON & O'HANLON
LAWYERS
BLAIR, NEBRASKA
DO G /LS E. BULLOCK, CITY CLERK
ORDINANCE NO. 1279
AN ORDINANCE FIXING THE COMPENSATION OF THE MAYOR AND COUNCIL-
MEN OF THE CITY OF BLAIR, NEBRASKA; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING
WHEN THIS ORDINANCE SHALL BE IN FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. That the compensation of the Mayor of
the City of Blair, Nebraska, be and hereby is fixed at the sum
of $1,500.Q0 per annum.
SECTION 2. That the compensation of each of the
Councilmen of the City of Blair be and hereby is fixed at the
sum of $1,000.00 per annum.
SECTION 3. That the rates of compensation specified
hereinabove shall take effect December 9, 1980.
SECTION 4. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 4. This ordinance shall be in 'force and take
full effect from and after its passage, approval and publication
as provided by law.
Passed•and'approved this 22nd day of April, 1980.
ATTEST:
(SEAL)
S E. BULLOCK, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :Ss.
WASHINGTON COUNTY )
M. STANLEY JE'NSEN', MAYOR
DOUGLAS E. BULLOCK hereby certifies that he is the duly
appointed, qualified and acting City Clerk of the City of Blair,
Nebraska, and that the above and foregoing Ordinance -was passed at
a regular meeting of the Mayor and City Council of said City held
on the 22nd day of April, 1980.
OFFICES OF
O•HANLON & O•HANLON
LAWYERS
BLAIR. NEBRASKA
ORDINANCE NO. 1280
AN ORDINANCE AMENDING SECTIONS 4 -503 AND 6 -348 OF THE MUNICIPAL
CODE OF THE CITY OF BLAIR TO PROVIDE AN ABATEMENT PROCEDURE FOR
NUISANCES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE
IN FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. That Section 4 -503 of the Municipal Code of
the City of Blair is herewith amended to read as follows:
NUISANCES; ABATEMENT PROCEDURE. It shall be the duty of every
owner, occupant, lessee or mortgagee of real estate in the
Municipality to keep such real estate free of public nuisances.
Upon determination by the Board of Health that said owner, oc-
cupant, lessee, or mortgagee ... has failed to keep such real estate
free of public nuisances, the City Administrator shall thereupon
cause notice to be served upon the owner, occupant, lessee,
mortgagee or agent thereof, by certified mail. Such notice shall
describe the condition as found by the Board of Health and state
that said condition has been declared a public nuisance, and that
the condition must be remedied at once. If the person receiving
the notice has not complied therewith or taken an appeal from the
determination of the Board of. Health within seven (7) days after
receipt of certified mail, the City Administrator shall proceed
to cause the abatement of the described public nuisance. Upon
completion of the work by the Municipality, a statement of the
cost of such work shall be transmitted to the City Clerk, who is
authorized to bill the property owner or occupant, or to levy
the cost as a special assessment against the land. Such special
assessment shall be a lien on the real estate and shall be collected
in the manner provided for special assessments.
SECTION 2. That Section 6 -348 of the Municipal Code of
the City of Blair is herewith amended to read as follows:
MISDEMEANORS; JUNK ACCUMULATIONS. It shall be unlawful for any
property owner or lessee to allow an accumulation of junk on
property that is located within the Corporate Limits to the extent
that such accumulation is a potential hazard to the health and
safety of the residents of the Municipality.
OFFICE$ OF
O'HANLON & O'HANLON
LAWYERS
Junk shall mean old scrap, copper, brass, iron,
rope, rags, batteries, paper, trash, rubber debris, waste, dis-
mantled, unlicensed or wrecked automobiles, or parts thereof, and
other old or scrap ferrous or nonferrous material.
The City Administrator or the Chief of Police shall have
the power to investigate all complaints of violations of this
Section and if they find that such property owner or lessee has
allowed such accumulation, they shall cause the property owner or
lessee to be served with written notice directing them to remove
the accumulation of junk within seven (7) days of the receipt of
said notice.
Any person failing to remove said accumulation within
seven (7) days after receiving notice to do so, shall be deemed
guilty of a misdemeanor and upon conviction thereof, be punished
by a fine of not less than twenty -five ($25.00) dollars nor more
than one hundred ($100.00) dollars, and the Court, as a part of
the judgment, may order the owner to remove the accumulation of
junk. In addition, an authorized agent of the Municipality may
cause said junk or motor vehicles to be removed at the expense of
the owner or lessee, from the land whereon said junk or motor
vehicles exist and the cost of such removal shall be levied,
equalized, and assessed as are other special assessments.
SECTION 3. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
full effect from and after its passage, approval and publication
as provided by law.
Passed and approved this 14th day of May, 1980.
ATTEST:
(SEAL)
SECTION 4. This
OCK, CITY CLERK
ordinance shall be in force and take
OFFICES OF
O'HANLON & O'HANLON
LAWYERS
BLAIR. NEBRASKA
M. STANLEY. JENS�. , YOR
STATE OF NEBRASKA ) -
:ss .
WASHINGTON COUNTY )
DOUGLAS E. BULLOCK hereby certifies that he is the
duly appointed, qualified and acting City Clerk of the City of
Blair, Nebraska, and that the above and foregoing Ordinance was
passed at a regular meeting of the Mayor and City Council of
said City held on the 14th day of May, 1980.
(SEAL)
OFFICES OF
O'HANLON & O'HANLON
LAWYERS
BLAIR. NEBRASKA
i
i U G/ E. ILLOCK, CITY CLERK
AN ORDINANCE REPEALING ORDINANCE NO. 1272 OF THE CITY OF BLAIR,
NEBRASKA, WHICH SAID ORDINANCE CREATED STREET IMPROVEMENT DISTRICT
NO. 143 OF THE CITY OF BLAIR, NEBRASKA, REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN
THIS ORDINANCE SHALL BE IN FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. That Ordinance No. 1272 of the City of Blair,
Nebraska, which said ordinance created Street Improvement District
No. 143 of the City of Blair, Nebraska, be and the same hereby
is repealed.
SECTION 2. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in force and take
full effect from and after its passage, approval and publication
as provided by law.
Passed and approved this 27th day of May, 1980.
ATTEST:
DOUG .� E. BULL6CK CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
ORDINANCE NO. 1281
M.
STANLEY JEN$ N, MAYOR
DOUGLAS E. BULLOCK hereby certifies that he is the
duly appointed, qualified and acting City Clerk of the City of
Blair, Nebraska, and that the above and foregoing Ordinance was
passed at a regular meeting of the Mayor and City Council of
said City held on the 27th day of May, 1980.
(SEAL)
OFFICES OF
- O'HANLON & O'HANLON
LAWYERS
01 •iw ■rnoseve
DO G S E. BULLOCK
ORDINANCE NO. 1282
AN ORDINANCE ADDING A NEW SECTION TO THE MUNICIPAL, CODE OF
THE CITY OF BLAIR WHICH SHALL BE SECTION 12 -207 PROVIDING FOR
A1;PROCEDURE FOR LOT SPLITS; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. There is herewith added to the Municipal
Code of the City of Blair, Nebraska, a new section which shall
read as follows: "12 -207 LOT SPLITS. Nothwithstanding the
foregoing subdivision regulations, lot splits shall be allowed
as follows: A lot split shall be defined as a division of one
tract lot or parcel of real estate with common ownership being
divided into no more than two tract lots or parcels of real
estate. Requests for lot split approval shall be made by the
owner of the land to the City Administrator. Four (4) copies of
a drawing to scale of lots involved if there are no structures
thereon or if structures are located on any part of the lot being
split, four (4) copies of a survey of the lot(s) and the location
of the structure(s) thereon, together with the precise nature,
location and dimensions of the split, shall accompany the appli-
cation. The application shall be accompanied by the names and
addresses of all persons to receive notices. Written notices
shall be given to all owners of land within 100 feet of the
property proposed to be split. Such owners shall have ten (10)
days from the date of notification to notify the City Administrator
of any protests: may have concerning the lot- split. The ten
(10) day waiting period may be waived upon submission in writing
of statements from those to be notified that they have no objection
to the proposed lot split.
APPROVAL GUIDELINES. Approval or disapproval of lot splits shall
be made based on the following guidelines:
(a) No lot split shall be approved if:
(1) A new street or alley is needed or proposed.
(2) A vacation of streets, alleys, setback lines,
access control of easements is required or proposed.
OFFICES OF
O'HANLON & O'HANLON
LAWYERS
BLAIR. NEBRASKA
(3) If such action will result in significant
increases in service requirements, utilities, schools, traffic
control, streets, etc.; or will interfere with maintaining
existing service levels, additional repaving, etc.
(4) There is less street right -of -way than re-
quired by these regulations or the comprehensive plan unless
such dedication can be made by separate instrument.
(5) All easement requirements have not been
satisfied.
(6) If such split results in a tract without
direct access to a street.
(7) A substandard sized lot or parcel will be
created as determined by the existing zoning.
(b) The Planning Commission may make such additional
requirements deemed necessary to carry out the intent and purpose
of existing land development regulations and governing body policy.
Requirements may include, but not be limited to, installation of
public facilities, dedication of right -of -way and easements, and
submission of covenants for the protection of other landowners in
the original subdivision.
(c) The Planning Commission shall, in writing, either
approve with or without conditions or disapprove the lot split
within thirty (30) days of application. If approved, and after
all conditions have been met, the chairman of the planning com-
mission shall sign and furnish a certificate of approval to be
affixed to the lot - split survey.
(d) The lot split survey shall then be submitted
the City Council for appropriate action.
(e) Following approval by the Planning Commission and
the City Council, one copy of the survey bearing the signatures
of the chairman of the Planning Commission and the Mayor indicating
Pl anning Commission and Council approval shall be filed by the City
Clerk in the office of the Washington County Clerk, ex- officio
Register of Deeds.
$10.00.
ATTEST:
(SEAL)
(f) The application fee for lot split approval shall be
SECTION 2 All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in force and take
full effect from and after its passage, approval and publication
as provided by law.
Passed and approved this 27th day of May, 1980.
. BUL OCK, CITY CLERK
OFFICES OF
O'HANLON & O'HANLON
LAWYERS
BLAIR. NEBRASKA
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
DOUGLAS E. BULLOCK hereby certifies that'he is the
duly appointed, qualified and acting City Clerk of the City of
Blair, Nebraska, and that the above and foregoing Ordinance was
passed at a regular meeting of the Mayor and City council of
said City held on the 27th day of May, 1980.
(SEAL)
OFFICES OF •
O•HANLON & O•HANLON
LAWYERS
BLAIR. NEBRASKA
DOUGLAS E. BULLOCK, CITY CLERK
PAMPHLET FORM OF
ORDINANCE NO. 128 PASSED BY
THE MAYOR AND COUNCIL OF
THE CITY OF BLAIR, NEBRASKA
ON JULY 8, 1980
Ordinance No. 1283
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF A JUNIOR LIEN
WATER REVENUE BOND OF THE CITY OF BLAIR, NEBRASKA, IN THE PRINCIPAL
AMOUNT OF THREE MILLION THREE HUNDRED SEVENTY -SIX THOUSAND DOLLARS
($3,376,000) FOR THE PURPOSE OF MAINTAINING, EXTENDING, AND ENLARG-
ING THE WATERWORKS PLANT AND WATER SYSTEM OWNED BY THE CITY; PRE-
SCRIBING THE FORM, TERMS AND. DETAILS OF. SAID BOND, PLEDGING AND.
HYPOTHECATING THE REVENUES AND EARNINGS OF THE WATERWORKS PLANT
AND WATER SYSTEM OF SAID CITY FOR PAYMENT OF SAID BOND, SUBJECT TO
THE PRIOR LIEN OF CERTAIN OUTSTANDING WATER SYSTEM REVENUE BONDS OF
THE CITY, AND PROVIDING FOR THE COLLECTION, SEGREGATION AND APPLI-
CATION OF THE REVENUES OF SAID WATERWORKS PLANT AND WATER SYSTEM
AND ENTERING INTO A CONTRACT ON BEHALF OF THE CITY WITH THE REGIS-
TERED OWNER OF SAID BOND.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
Section 1.. The Mayor and Council of the City of .Blair,
Nebraska, hereby find and determine: (a) That the City owns and
operates a waterworks plant and water system (which plant and
system is hereinafter collectively referred to as the "Water
System "); that to maintain, extend and enlarge the Water System
the Mayor and Council have found it necessary to provide for cer-
tain improvements, including the construction of a new water treat-
ment facility and related improvements, and in order to provide
'funds for said improvements have made application r
to the Farmers
Home Administration for both grant and loan assistance; that the
Farmers Home Administration has agreed to loan the City the amount
of $3,376,000, said loan to be evidenced by the issuance of a junior 1;
lien water revenue bond of the City as provided for in this Ordinance;
that for purposes of providing interim financing for the costs of
said improvements the City has issued and outstanding its Water
Revenue Bond Anticipation Notes in the principal amount of Three
Million Dollars ($3,000,000) dated June .15, 1979 (the "1979 Notes ");
that by the terms of said notes the City is required to issue and
sell its water revenue bonds in a sufficient amount to enable the
City to take up and
Y p pay off said notes at or prior to maturity,
or to pay said notes from other available sources; that the. 1979
Notes are callable for redemption prior to maturity on June 15,
1980, or at any time thereafter; and that it is also necessary
for the City to issue its junior lien water revenue bond as
provided for in this Ordinance in order to take up and pay off
46.
J1111 1 1M
said notes; (b) that the City presently has issued and outstand-
ing its Water System Revenue Bonds, Series 1980, dated April 15,
1980, in the principal amount of Eight Hundred Eighty -Three Thousand
Dollars ($883,000) (the "Series 1980 Bonds ") as authorized by
Ordinance No. 1276; that the City has by Ordinance No. 1275 pro-
vided for the payment in full of its Combined Electric and Water
Revenue Bonds, Series 1972, dated January 1., 1972 '(the "Series
1972 Bonds ") by a deposit of United States Treasury Securities with
an Escrow Agent and such Series 1972 Bonds no longer constitute a
lien upon the revenues of the City's Water System; that the Series
1979 Notes are to be taken up and paid off from the proceeds of
the Bond herein authorized so that from and after the issuance of
said Bond and the application of the proceeds thereof, the Series
1980 Bonds will constitute the only outstanding bond or note in-
debtedness having a lien on the revenues of the City's Water System;
that under the terms of Ordinance No. 1276 the City of Blair is
authorized to issue additional water revenue bonds of equal lien
only if certain conditions are met; that under the terms of said
Ordinance, based upon the revenues of the Water System for the
most recently completed fiscal year, the City would not be per-
mitted to issue additional water system revenue bonds of equal
lien to the Series 1980 Bonds; that under the terms of Ordinance
No. 1276 the City is further permitted to issue water revenue
or notes that are junior in lien to the Series 1980 Bonds which
are payable from moneys in the Surplus Account in the Blair Water
System Fund as described in Section 6 of Ordinance No. 1276; that
all conditions, acts and things required by law to exist or to
be done precedent to the issuance of a junior lien water revenue
bond, of the City of Blair in the principal amount of Three Million
Three Hundred Seventy -Six Thousand Dollars ($3,376,000) do exiat.and
have been done in due form and time as required by law.
Section 2. For the purpose of providing funds for the
improvements, and to refund the outstanding Water Revenue Bond
Anticipation Notes, as described in Section 1 hereof, there shall
be and there is hereby ordered issued one fully registered bond
of the City of Blair, Nebraska, to be designated as "Junior Lien
Water Revenue Bond, Series 1980" (the Bond "), in the principal
amount of Three Million Three Hundred Seventy -Six Thousand Dollars
($3,376,000), to be dated the date of the closing of the purchase
thereof. The unpaid principal balance of the Bond shall bear
interest at the rate of five percent (5 %) per year from date - -
until paid. The first payment by the City shall be made on
August 1, 1981, and shall be for interest only as accrued from
the date of the Bond to August 1, 1981, and the second payment
thereon, shall be made on August 1, 1982 for interest,only as
accrued from August 1, 1981 to August 1, 1982 in the amount of
$168,800. The principal of and interest on the Bond shall, from
and after August 1, 1982, be payable in equal annual installments
of $200,164, with each such installment, except the last, due
on August 1 of each year commencing. August 1, 1983, and continuing
with thirty -seven such annual payments thereafter or until the
outstanding principal balance on the Bond has been paid in full;
the last such installment together with any other principal or
;interest remaining due on the Bond shall fall due on the day
immediately preceding the fortieth anniversary date of the closing
of the issuance of the Bond. Each installment payment shall be
applied first to accrued interest and then to principal. The City
reserves the right and option of prepaying any or all of the un-
paid principal balance plus accrued interest thereon to date of
payment at any time without penalty or redemption premium.
The City shall cause books for registration and for
the transfer of the Bond as provided in this Ordinance to be kept
by the City Treasurer. The ownership of the Bond shall be re-
gistered as to principal and interest on such books kept by the
City Treasurer who shall make notation of such registration there-
on. The initial registered owner .shall be the United States of
America, acting through the Farmers Home Administration, United
States Department of Agriculture and on or before closing of the
'purchase of the Bond, said Bond shall be registered in such name.
The transfer of the Bond may be registered only upon an assignment
duly executed by said initial registered owner or by its registered
assigns assigns or their legal representative or attorney in such form as
shall be satisfactory to the City Treasurer, such registration of
transfer to be made on such books and endorsed on the Bond by the
City Treasurer. The principal and interest on the Bond shall be
( payable only to or upon the order of the registered owner or his
or its legal representative and neither the City nor the City
Treasurer shall be affected by any notice to the contrary but_regis-
tration may be changed as herein provided. All such payments
shall be valid and effectual to satisfy and discharge the liability
upon the Bond to the extent of the sum or sums so paid. No charge
i
shall be made to the registered owner for the registration and
(transfer of the Bond. All payments of principal and interest
shall be made, so long as the Bond is registered in the name of
the initial registered owner by the City Treasurer by. making
!payment in such manner and to such address as said initial regis-
tered owner shall from time to time direct the City in writing.
Payments of principal and interest to any registered owner other
than the initial registered owner shall be made by the City Trea-
surer by mailing a check or warrant to such registered owner g 4 at
said owner's registered address as shown on the Note Register
maintained by said City Treasurer. Upon final payment of princi-
pal and interest, the Bond shall be surrendered to the City
Treasurer.
g form:
Section 3. The Bond shall not be a general obligation
of the City and shall not be payable out of any fund raised by,
,taxation but shall be paid only out of the revenues and earnings
derived and to be derived from the operation of the Water System
owned by the City including all extensions, enlargements and
improvements thereof as provided in this Ordinance.
Section 4. The Bond shall be in substantially the follow-
due and payable on
UNITED STATES OF AMERICA
STATE OF NEBRASKA •
COUNTY OF WASHINGTON
CITY OF BLAIR
JUNIOR LIEN WATER REVENUE BOND, SERIES 1980
$3,376,000
KNOW ALL MEN BY THESE PRESENTS: That the City of Blair,
in the County of Washington, in the State of Nebraska for value
received promises to pay to the United States of America, acting .
through the Farmers Home Administration, United States Department
of Agriculture, as initial registered owner hereof or registered
assigns, but only out of the special fund hereinafter designated,
the sum of Three Million Three Hundred Seventy -Six Thousand Dollars
($3,376,000) in lawful money of the United States of America with
interest on the unpaid balance thereof from the date hereof until
'paid at five percent (5 %) per year. The first payment hereon
shall be due on August 1, 1981, and shall be in the amount of
'interest accrued from date hereof to August 1, 1981. The second
payment hereon shall be due on August 1, 1982 and shall be in the
amount of $168,800 being interest only upon the principal hereof
from August 1, 1981 to August 1, 1982. From and after August 1,
1982 the principal hereof and interest hereon shall be payable
in equal annual installments of $200,164 due, except for the last
installment, on August 1 of each year commencing with August 1,
1983, and continuing with thirty -seven such annual payments there-
after or until the outstanding principal balance hereof has been
paid in full and the last such installment together with any other
principal and interest then remaining due on this Bond shall fall
, 2020 (here insert date immediately
preceding fortieth anniversary date of the issuance of the Bond).
All such payments shall be applied first to accrued interest and
then to principal. Both the principal hereof and the interest
hereon shall be payable in lawful money of the United States by
the City Treasurer in the manner provided in the Ordinance autho-
rizing the issuance of this Bond.
The City, however, reserves the right and option of
prepaying any or all of the unpaid principal balance hereof at any
_ _ I
time without penalty or redemption premium. Refunds and extra °
payments as defined in the regulations of. the Farmers Home
Administration, according to the source of the funds_involved,.
shall, after payment of interest, be applied to the installments
last to become due under this Bond and shall not affect the
obligation of the City to pay the remaining installments as
scheduled herein.
This Bond is issued by said City to pay the costs of
maintaining, extending and enlarging the waterworks plant and
water system owned and operated by the City. The issuance and
sale of said Bond has been authorized by proceedings duly had
and an Ordinance lawfully enacted by the Mayor and Council of.
said City in strict compliance with Sections 16 -6,101 and 18 -1803
to 18 -1805, R.R.S. Neb., 1943.
The revenues and earnings of the waterworks plant and
water system of the City of Blair have been pledged and hypo-
thecated for the payment of this Bond, both principal and interest,
subject to the prior lien and rights of Eight Hundred Eighty -Three
Thousand Dollars ($883,000) of Water System Revenue Bonds, Series
1980, dated April 15, 1980 (the "Series 1980 Bonds ") and this Bond
is a lien only upon said revenues and earnings and not a general
obligation of the City of Blair.
The Ordinance authorizing the issuance of this Bond
sets forth the covenants and obligations of the City with respect
to its waterworks plant and water system and the application of
the revenues to be derived therefrom which revenues are under
the terms of said Ordinance to be deposited into the "Blair
Water System Fund" and disbursed to pay costs of operation and
maintenance, make payments of principal and interest on the
Series 1980 Bonds and on this Bond and make other payments as
specified in said Ordinance. Said Ordinance also designates the
terms and conditions upon which additional bonds of lien prior
or equal to that of this Bond may be issued in the future.
It is hereby certified and warranted that all conditions
acts and things required by law to exist or to be done precedent
ATTEST:
City Clerk
Date of
Registration
to and in the issuance of this Bond, did happen and were done
in regular and due form and time as provided by law.
IN WITNESS WHEREOF, the Mayor and Council of the City
of Blair have caused this bond to be executed on behalf of 'the
City with the signature of the Mayor and City Clerk and by causing
the official seal of the City to be affixed hereto.
DATED this day of ,
Mayor
(SEAL)
PROVISION FOR REGISTRATION
The ownership of this Bond shall be registered as to
both principal and interest on the books and records of the City
of Blair, Nebraska, kept by the City Treasurer of the City, who
shall make notation of such registration in the registration blank
below, and the transfer of this bond may thereafter be registered
only upon an assignment duly executed by the registered owner_or_
his or its attorney, or legal representative, in such form as shall
be satisfactory to the City Treasurer, such registration of transfer
to be made on such books and endorsed hereon by the City Treasurer.
The principal and interest of this Bond shall be payable only to or
upon the order of the registered owner or his or its attorney or
legal representative.
Name of Signature of
Registered Owner City Treasurer
United. States of America,
Acting through the Farmers
Home Administration, United
States Department of Agriculture
Section 5. The Bond shall be executed on behalf., of the
City with the signatures of the Mayor and City Clerk and by having
affixed thereto the City Seal. The City Clerk shall cause the
Bond to be registered in the office of the Auditor of Pubic Accounts
for the State of Nebraska and in the office of the City Treasurer of
Blair, Nebraska as finance officer of said City. Upon execution
and registration of said Bond it shall be delivered to the City
Treasurer who is hereby authorized to deliver it to the United
States of America, acting through the Farmers Home Administration,
United States Department of Agriculture, as purchaser thereof upon
receipt of the principal amount of said Bond and said Treasurer
is hereby authorized to date said Bond as of the date of its de-
livery. The City Clerk, in connection with the issuance and sale of
the Bond, is hereby authorized to prepare and certify such number
of complete transcripts of the proceedings had and done precedent
to the issuance of the Bond as shall be required by said purchaser
and bond counsel, one of which transcripts shall be filed in the
office of the Auditor of Public Accounts of the State of Nebraska.
Section 6. Upon receipt of the purchase price for the
Bond, the City Treasurer shall apply the proceeds thereof to the
taking up and paying off of the City's Water Revenue Bond Anti-
cipation Notes as described in Section 1 hereof including the
payment of accrued interest thereon and to providing for payment
of interest accruing on the Bond prior to August 1, 1982 by deposit-
: ing prior to the time required, amounts directed to be deposited'
ti
into the Junior Lien Bond Payment Sub- Account by subparagraph
(a)(i) of Section 9 hereof and any remaining monies shall
be used to pay construction, engineering, legal and other costs of
the project being permanently financed by the Bond.
Section 7. The City hereby pledges and hypothecates the
revenues and earnings derived and to be derived from the operation
of the Water System and all extensions and enlargements thereof,
including any additions and improvements hereafter made for the .
payment of the Bond subject to the prior lien in favor of the
Series 1980 Bonds.
Section 8. The City agrees that it shall maintain and
collect rates and charges for all water and water service furnished
by the Water System adequate to produce revenues and earnings
sufficient at all times:
(a) To provide for the payment of the interest on
and principal of the Series 1980 Bonds and any additional
first lien bonds and further to provide moneys in the City's
Surplus Account sufficient to pay interest and principal
on the Bond as the same fall due.
(b) To pay all reasonable costs of operation and
maintenance of the Water System, and to pay for necessary
repairs, replacements and extensions to the Water System.
(c) To provide funds sufficient to make the deposits
into the accounts required by Section 8 of Ordinance No.
1276 and ,also sufficient to provide. for the additional
required deposits to be made to those sub - accounts within
the City's Surplus Account as are described in Section 9
of this Ordinance.
Section 9. The gross revenues and income derived from
the operation of the Water System, shall be set aside as collected
and deposited in a separate fund which has been previously created
by Ordinance No. 12'6 and which is designated in said Ordinance
and in this Ordinance as the "Blair Water System Fund ". The City
has previously set up and is required to maintain under the provi-
sions of Ordinance No. 1276 the following accounts:
(1) OPERATION AND MAINTENANCE ACCOUNT - which the
City has agreed to set aside monthly accounts sufficient to
pay for the proper maintenance and operation of the Water
System;
(2) BOND PAYMENT ACCOUNT - into which the City has
agreed to deposit monthly amounts sufficient to pay •-..
principal and interest'on the Series ,1980 Bonds as the
same become due or redeemable in accordance with the
terms of Ordinance No. 1276; and
(3) DEBT SERVICE RESERVE ACCOUNT - into which the
City has agreed to deposit monthly the amount of $1,120
until such account contains $132,450.
The City agrees that so long as the Series 1980 Bonds or any addi-
tional first lien bonds remain outstanding that it shall continue
to maintain said accounts in the manner prescribed in Ordinance
No. 1276 or as prescribed in any Ordinance authorizing additional
first lien bonds and that, without respect to whether any of the
Series 1980 Bonds or any add itionai. eixst lien bonds remain out-
standing, so long as the Bond. remains outstanding it shall make
payments to the Operation and Maintenance Account in the manner
described in Ordinance No 1276.
In addition under Ordinance No. 1276 there has been set
up an account in the "Blair Water System Fund" entitled the "Sur-
plus Account" into which all moneys remaining after making deposits
to the above - described prior accounts are to be credited. From
said Surplus Account the City is specifically authorized to provide
for the a ment of
p y principal and interest on any junior lien water
revenue bonds or notes or for any other lawful purpose. The City
hereby makes the following covenants with respect to allocation of
moneys in its Surplus Account for purposes of assuring payment of
principal and interest on the Bond and for purposes of complying
with other requirements of the initial registered owner in con-
nection with the loan evidenced by the Bond. The City hereby agrees
!.that all moneys paid and credited to the Surplus Account other than
moneys required to make up any deficiencies in preceding accounts
shall be applied and credited to the following sub - accounts:
(a) JUNIOR LIEN BOND PAYMENT SUB- ACCOUNT: Monthly on
the fifteenth day of each month, commencing with the month
of August, 1980, there shall be deposited into the Junior
Lien Bond Payment Sub- Account the following amounts at the
times indicated:
(i) Commencing with the month of August, 1980
and ending with the month of July, 1982 an
amount equal to 1 /12th of the next maturing
annual interest payment due on the Bond.
(ii) Commencing with the month of August,
1982 an amount equal to 1 /12th of the next
installment of principal and interest falling
due on the Bond.
The City Treasurer is hereby authorized and directed without
further authorization to withdraw from the Junior Lien Bond
Payment Sub - Account, or if moneys in such sub - account are
insufficient, then from the Junior Lien Reserve Sub - Account
and next from any unrestricted monies in the Surplus Account
an amount sufficient to pay when due the principal of and
interest on the Bond and to make payment of such monies
directly to the registered owner of the Bond in the manner
prescribed in this Ordinance on or before each installment
of principal and interest becomes due.
(b) JUNIOR LIEN RESERVE SUB-ACCOUNT: At least monthly,
after making the allocation of Surplus Account monies
required by the foregoin ::subparagraph there shall be
deposited to the Junio A-;- ;ien Reserve Sub - Account, the ,-
amount of $1,900 untiluch sub - account contains $230,000.
The City �.
y has provided from its own funds the amount of
$1,800 which shall be deposited to this sub- account for
purposes of initial funding. Monies in the Junior Lien
Reserve Sub- Account may be withdrawn from time to time
as needed to provide funds to pay when due, the princi-
pal and interest on the Bond if the Junior Lien Bond
Payment Sub - Account contains insufficient funds for
that purpose and the City Treasurer is hereby authorized
-10-
..u. M1 ui MMMAH a
and directed to make such withdrawal, if any, when
needed. Monies in the Junior Lien Reserve Sub - Account
may also be used, but only with the written consent of
the initial registered owner so long as said initial
registered owner remains as the registered owner of the
Bond, to pay for repairs and replacements to the Water __
System, to the extent not paid from the Operation and
Maintenance Account, and to pay for enlargements, exten-
sions and improvements to the Water System. Such con-
sent shall be evidenced by a writing signed by the State
Director for the State of Nebraska of the Farmers Home
Administration, United States Department of Agriculture,
or his successor or equivalent under the Statutes and
Regulations of the United States of America then in
force. Monies may be withdrawn for said authorized pur-
poses as needed in accordance with procedures established
by the Mayor and Council. After the Junior Lien Reserve
Sub- Account has received the maximum amount required to
be therein, the monthly desposits need not be made to
such sub - account, but in the event of withdrawal from
said sub - account, the monthly deposits shall again
commence until said sub - account again contains the maxi-
mum amount required.
All moneys remaining in the Surplus Account after the deposits re-
quired to be made to the foregoing sub - accounts shall constitute
unrestricted moneys in the City's Surplus Account and may be
used for any of the purposes permitted under Ordinance No. 1276
for moneys in the Surplus Account.
The provisions of this Section shall require the City to
maintain a set of books and records in accordance with such'account-
ing methods and procedures as are generally applicable to municipal
utility enterprises, which books and records shall show credits to
and expenditures from the several sub - accounts required by this
Section. Except as specified below for the Junior Lien Reserve Sub-
Account, the City shall not be required t� establish separate bank
or investment accounts for said sub- accounts. Monies credited to
the Junior Lien Reserve Sub - Account shall, if maintained in a demand
account be kept in a separate account and not commingled with other
City or Water System funds. If invested, monies credited to the
Junior Lien Reserve Sub - Account may be commingled with other City
funds, including other Water System funds, so long as the City main-
tains books and records clearly identifying the specific investments,
or portions thereof, which belong to the Junior Lien Reserve Sub-
Account.
Moneys in any of the above - described sub- accounts may be
invested in securities eligible for investment of other City funds.
Income from or profit realized from any such investment shall be
credited to the respective sub- account from which such investment
is made until such sub - account contains the maximum amount required
to be therein and thereafter such income or profit shall be trans-
ferred to the Blair Water System Fund and treated as other revenues
from the operation -of the Water System.
Section 10. The term "additional first lien bond" as
used in this Ordinance refers only to such bonds of the City as
are by their terms payable from the revenues of the Water System
with priority of lien over the Bond and are issued in accordance
with the terms of this Section 10, including refunding bonds satis-
fying the conditions prescribed in this Section 10. To provide
funds for the purpose of extending, improving, enlarging and equip-
ping the Water System the City may issue additional first lien
bonds payable from the revenues of the Water System having equal
priority to and being on a par with any of the Series 1980 Bonds
as may then be outstanding and having priority over the Bond only
on compliance with the following conditions:
(a) So long as there are any Series 1980 Bonds,
or additional first lien bonds outstanding there must
be compliance with the provisions of the ordinances
governing the Series 1980 Bonds and any such additional
first lien bonds governing the issuance of additional
first lien bonds.
(b) The City shall have Net Revenues derived from
the Water System for the fiscal year next preceding the
issuance of such additional first lien bonds which shall
have been at least equal to 1.25 times the average annual
debt service requirements of the Series 1980 Bonds, any
additional first lien bonds previously issued, all as
then outstanding, of the Bond and of the proposed addi-
tional first lien bonds. For purposes of such determi-
nation, "Net Revenues" shall mean the gross revenues
derived from the ownership and operation of the Water
System, including investment income, less ordinary expenses
of operating and maintaining the Water System payable from
the Operation and Maintenance Account. Operation and
maintenance expenses for such purpose shall not include
depreciation, amortization or interest on any bonds or
other indebtedness. Also for such purposes "average
annual debt service" shall be determined by adding all
the principal and interest which will become due when
computed to the absolute maturity of the Series 1980
Bonds, any additional first lien bonds, all as then out-
standing, together with the total of principal and
interest which will become due when computed to absolute
maturity on the Bond and together with the total principal
and interest which will become due when computed to abso-
lute maturity on the proposed additional first lien bonds
and dividing such total by the number of years remaining
that the longest bond of any such issue of bonds has to
run to maturity, including the proposed additional first
lien bonds.
-12-
The City may issue refunding bonds to refund the Series
1980 Bonds or any additional first lien bonds which refunding bonds
shall qualify as "additional first lien bonds" and have the same
priority as to lien over the Bond without compliance with the Net
Revenues test previously described in this Section 10 provided that
at least one of the following conditions has been met:
(a) such issuance of refunding bonds does not
result in average annual debt service
requirements on the refunding bonds in
excess of such average annual debt service
requirements as would result if the princi-
pal amount of the Series 1980 Bonds or addi-
tional first lien bonds which are being
refunded by the refundin§ bonds were amor-
tized by even annual payments of principal
and interest over a period of ten years
with an interest rate of 9% per annum; or
(b) such issuance of refunding bonds shall have
the consent of the initial registered owner
as evidenced by a writing signed by the State
Director for the State of Nebraska of the
Farmers Home Administration, United States
Department of Agriculture, or his successor
or equivalent under the Statutes and Regulations
of the United States of America then in force.
The provisions of this ordinance shall not be construed
as manner limiting the City's rights to issue refunding
bonds payable from any special source or payable from unrestricted
monies in the Surplus Account, pending the application of the 'pro-
ceeds thereof to the payment of bonds to be refunded with such re-
funding bonds to have a lien upon the revenues of the Water System
junior to that of the Series 1980 Bonds or any additional first lien
I I
bonds then outstanding and the Bond during the period•preceding the
application of the proceeds thereof to the payment of the bonds to
be refunded. For any such refunding bonds to qualify as additional
first lien bonds under this Section and thus be entitled to priority
over the Bond from and after the application of the proceeds thereof
to the payment of the bonds to be refunded, such refunding bonds, as o:
the time of their issuance must comply with one or another of the
conditions shown above, but for purposes of showing compliance with
the conditions of Subsection (a) of the second paragraph of this
Section 10 payments of principal and interest due on the bonds to
be refunded, after their proposed date of redemption, and on such
-13-
refunding bonds, from time of their issuance until the time the
proceeds thereof are applied to the payment of the bonds to be
refunded, shall be excluded from consideration.
Section 11. The term "additional junior lien bonds"
as used in this Ordinance shall refer only to such bonds as are
issued in accordance with the provisions of this Section 11.
To provide funds for the purpose of extending, improving, enlarg-
ing and equipping the Water System, the City may issue additional
junior lien bonds payable from the revenues of the Water System,
having equal priority to and being on a par with the Bond only on
compliance with the following conditions:
(a) Such additional junior lien bonds shall be issued
only pursuant to an ordinance which shall provide
for an increase in the monthly allocations to be
made of monies in the Surplus Account to the Junior
Lien Bond Payment Sub - Account in amounts sufficient
to pay when due the principal of and interest on the
Bond and such additional junior lien bonds.
(b) The City shall have Net Revenues derived by it from
the Water System for the fiscal year next preceding
the issuance of such additional junior lien bonds
which shall have been at least equal to 1.20 times
the average annual debt service requirements of the
Series 1980 Bonds and any additional first lien
bonds, then outstanding, of the Bond and of any
additional junior lien bonds, then outstanding, and
of the proposed additional junior lien bonds. For
purpose of such determination "Net Revenues" shall
mean the same as they are defined in the first para-
graph of Section 10 and "average annual debt service"
shall be determined in the manner described in the
first paragraph of Section 10 but including in such
computation principal and interest on any additional
junior lien bonds then outstanding and on the pro-
posed additional junior lien bonds and taking into
consideration the last maturity of any additional
junior lien bonds.
Section 12. The City reserves the right to issue bonds
or notes which are inferior in lien to the Series 1980 Bonds, and
any additional first lien bonds and to the Bond and any additional
junior lien bonds, with the principal and interest of such bonds
or notes to be payable from any unrestricted monies in the City's
Surplus Account, as provided in Section 9 above.
Section 13. With the consent of the initial registered
owner, evidenced by a writing signed by the State Director for the
State of Nebraska of the Farmers Home Administration, United States
Department of Agriculture, or his successor or equivalent under the
Statutes and Regulations of the United States of America then in
force the City may issue additional first lien bonds or additional
junior lien bonds without compliance with the requirements of Sec-
tion 10 or Section 11 of this Ordinance and any such additional
first lien bonds or additional junior lien bonds issued with such
consent shall have the rights and standing under the terms of this
Ordinance as if such bonds had been issued after full compliance
with Section 10 or Section 11 respectively.
Section 14. The City hereby finds and determines and
certifies that it is unable to obtain sufficient credit, without
purchase of the Bond by the initial registered owner as described
herein, to finance its actual needs at reasonable rates and terms,
taking into consideration prevailing private and cooperative rates
and terms in or near its community for similar purposes and periods
of time. The City hereby covenants and agrees with the, initial
registered owner hereof that, in consideration of advantages accru-
ing to the City from said initial registered owner's purchase of
the Bond, if at any time while the Bond is held by said initial
registered owner,' it shall appear to said initial registered owner
that the City ; may be able to obtain credit from other sources at
reasonable rates and terms for loans for similar purposes and
periods of time, the City, within the limitations of its then
existing legal powers, at the request of said initial registered
owner, will make an effort in good faith to pay in full all princi-
pal remaining on the Bond then held by said initial registered owner,
by issuing refunding bonds or otherwise.
Section 15. The City will maintain the Water System,
including extensions and improvements, in good condition and operate
the same in an efficient manner and at a reasonable cost. The City
agrees with the registered owner from time to time of the Bond
that the City will continue to own, free from all liens and encum-
brances (other than as permitted under the terms of this Ordinance),,
and will adequately maintain and efficiently operate said Water
System and the City will not operate or suffer to be created any
lien or charges on or pledge of the revenues of said system which
shall be superior to or on a parity with the lien, charge and pledge
in favor of the Bond, except as provided for in Sections 10, 11
and 13 of this Ordinance.
-15-
Section 16. So long as the Bond is outstanding, the
City hereby covenants and agrees as follows:
(a) The City will maintain the Water System in
good condition and will continuously oper-
ate the same in a reasonable and efficient
manner, and the City will punctually per-
form all the duties with reference to said
system required by the Constitution and
statutes of the State of Nebraska, but this
covenant shall not prevent the. City from
discontinuing the use and operation of all
or any portion of the Water System so long
as the revenues derived from the City's
ownership of the properties constituting
the Water System shall be sufficient to
fulfull the City's obligations under this
ordinance.
(b) The City will not grant any franchise or
right to any person, firm or corporation
to own or operate a water system in compe-
tition with that owned by the City.
(c) The City will maintain insurance on the
property constituting the Water System
(other than such portions of the system
as are not normally insured against loss
by casualty) in the amounts and against
the risks customarily carried by similar
utilities, but including fire and extended
coverage insurance in an amount which
would enable the City to repair, restore
or replace the property damaged to the
extent necessary to make the Water System
operable in an efficient and proper manner
to carry out the City's obligations under
this Ordinance. The Board of Public Works
shall annually, within one month after the
end of each fiscal year adopted by the
City for the Water System examine the
amount of insurance carried with respect
to the Water System and shall evidence
approval of such insurance by resolution.
The proceeds of any such insurance
received by the City shall be used to
repair, replace or restore the property
damaged or destroyed to the extent neces-
sary to make the Water System operable
in an efficient and proper manner, and
any amount of insurance proceeds not so
used shall be credited to the. Surplus
Account. In the event of any such
insured casualty loss, the City may
advance funds to make temporary repairs
or provide for an advance on costs of
the permanent repair, restoration or
replacement from the Operation and Mainte-
nance Account and any such advances shall
be repaid from insurance proceeds received.
At a minimum pursuant to this subsection
16(c), the City shall carry public lia-
bility and property damage insurance with
limits of not less than $100,000 per person
and $300,000 per occurrence for personal
injury and not less than $50,000 per
occurrence for property damage. The
City shall also provide for such workmen's
compensation insurance as is required by
Nebraska law on all employees of the
City.
(d) The City will keep proper books, records
and accounts separate from all other rec-
ords and accounts in_which complete and
correct entries will be made of all trans-
actions relating to the Water System. The.
City will have its operating and financial
statements relating to the Water System
audited annually by a certified public
accountant or firm of certified public
accountants. The City will furnish to
the registered owner of the Bond, as soon as
practicable after the end of each fiscal
year of the Water System, a copy of the
financial statements of the Water System
and the report thereon of the certified
public accountants. In addition, the
City agrees to provide the initial regis-
tered owner with quarterly business re-
ports on the operations of the Water
System during each of the three years
following the closing of the purchase
of the Bond on such forms as said initial
registered owner shall require and shall
report annually to the initial regis-
tered owner, so long as such owner con-
tinues to own the Bond, the names of
those City officers who shall have manage-
ment responsibility for the Water System
during the next fiscal year. If not
shown in the City's certified financial
statement, the City shall furnish to the
registered owner of the Bond annually a
statement showing all insurance coverage,
including suretyship bonds, maintained
by the City with respect to the Water
System.
(e) The City shall cause each person handling
any of the monies in the Blair Water Sys-
tem Fund to be bonded by an insurance
company licensed to do business in
Nebraska in an amount or amounts suffi-
cient to cover at all times the maximum
amount of money belonging to the Water
System in the possession or control of any
such person. The amount of such bond or
bonds shall be fixed by the Mayor and
Council and the costs thereof shall be
paid as an operating and maintenance ex-
pense from the Operation and Maintenance
Account provided that such bond as fixed
for the City Treasurer shall not be in
an amount less than $125,000.
(f) So long as the City is current with all
payments or credits required to be made
under Section 6 of Ordinance No. 1276
and under Section 9 of this Ordinance
and is also in compliance with the cove-
nants of Section 7 of Ordinance No. 1276
and Section 8 of this Ordinance, the
City may pay for water service used by
it at such rate or rates as shall be
agreed upon by the Board of Public Works
and the Mayor and Council. In the event
that the City is not in compliance with
the provisions of said Sections of said
Ordinances, the City shall be required
to pay for water service used by it at
the rate or rates applicable to such
usage as fixed by the City's water rate
ordinances then in effect.
-18 -.
Section 17. The City's obligations under this .ordinance
and the liens, pledges, covenants and agreements of the City's herein
made or provided for, shall be fully discharged and satisfied as to
the Bond and the Bond shall no longer be deemed outstanding hereunder
if the Bond shall have been purchased and cancelled by the City, or
when payment of the principal of and interest thereon to the respec-
tive date of maturity or redemption shall have been made or caused
to be made in accordance with the terms thereof.
Section 18. The terms and provisions of this ordinance
do and shall constitute a contract between the City of Blair and
the registered owner of the Bond and no changes, variations or
alterations of any kind (except for changes necessary to cure any
ambiguity, formal defect or omission) shall be made to this ordinance
without the written consent of said registered owner. The registered
owner of the Bond may, either in law or in equity, by suit, action,
mandamus or other proceeding, enforce or compel performance of any
and all of the acts and duties required by this Ordinance, and any
court of competent jurisdiction may, on application of any such
owner, appoint a receiver to take charge of the Water System and
operate the same and apply the earnings thereof in accordance with
the provisions hereof.
Section 19. The. Mayor and City Clerk of the City are
hereby authorized to do all things and execute all such documents
as may by them be deemed necessary and proper to complete the
issuance and sale of the Bond as contemplated by this Ordinance.
Section 20. If any section, . paragraph, clause or pro-
vision of this Ordinance shall be held invalid, the invalidity of
such section, paragraph, clause or provision shall not affect any of
the other provisions of this Ordinance.
Section 21. The City of Blair, Nebraska, hereby
covenants to the purchaser and registered owner, from time to
time, of the Bond that it will make no use of the proceeds of the
Bond which would cause it to be an arbitrage bond within the
meaning of Section 103(c) of the Internal Revenue Code of 1954,
as amended, and further covenants to comply with said Section 103(c)
and all applicable regulations thereunder throughout the term of
the Bond.
Section 22. This ordinance shall be in force and take
effect from and after its passage and approval according to law
and shall be published in pamphlet form.
PASSED AND APPROVED THIS 8th day July .' , 1980.
ATTEST:
(SEAL)
CERTIFICATION
The undersigned City Clerk for the City of Blair,
Nebraska, hereby certifies that the attached and foregoing document
is a true and correct copy of Ordinance No. 1283 as passed by the
Mayor and Council of the City of Blair, Nebraska, on July 8, 1980,
and that said Ordinance was published in pamphlet form as attached
on the 8th day of July, 1980.
(SEAL)
$ 8.362.61.00
ATTEST:
ORDINANCE NO. 1284
AN ORDINANCE TO BE TERMED THE "ANNUAL: APPROPRIATION BILL"
APPROPRIATING SUCH SUMS OF MONEY NECESSARY TO DEFRAY ALL NECES-
SARY EXPENSES AND LIABILITIES OF THE CITY OF BLAIR, NEBRASKA,
FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF AUGUST, 1980,
AND SPECIFYING THE OBJECT AND PURPOSE OF EACH APPROPRIATION AND
THE AMOUNT FOR EACH OBJECT AND PURPOSE; REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE
IN FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA, AS FOLLOWS:
SECTION 1. There is hereby appropriated for the use of
the City of Blair, Washington County, Nebraska, the sum of
to be raised and acquired by the levy of general
and special taxes and by bond issue, this sum being necessary to
defray the expenses and liabilities of said City for the 1980 -81
fiscal year.
SECTION 2. That the following amounts be and hereby are
appropriated from the various funds to the use and purpose herein-
after specified, to -wit:
FUND ALL SOURCES EST.
General
Street
Revenue Sharing
Police Pension
Blair Apartments
Various Purpose Bonds
Capital Outlay Reserve
Federal Grant Projects
Water Department
Sewer Department
Electrical Department
Water Treatment Plant Construction
SECTION 3. That all ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 4. That this ordinance shall be in force and take
effect from and after its passage, approval and publication as
provided by law.
Passed and approved this 29th day of July, 1980.
ige.
DOUG !'S E. BU OCK, CITY CLERK
(SEAL)
OFFICES OF
O'HANLON & O'HANLON
LAWYERS
BLAIR. NEBRASKA
M. ‘ STANLEY JENS AYOR
,TANLEY JENSv A YOR
$891,428.00
325,712.00
79,700.00
67, 788.00
58,478.00
1.57,525.00
128,000.00
11,000.00
480,000.00
203,650.00
1,959,360.00
4,000,000.00
STATE OF NEBRASKA
WASHINGTON COUNTY
.ss.
DOUGLAS E. BULLOCK hereby certifies that he is the duly
appointed, qualified and acting City Clerk of the City of Blair,
Nebraska, and that the above and foregoing Ordinance was passed
at a regular meeting of the Mayor and City Council held on the 29th
day of July, 1980.
OFFICES OF
O•HANLON & O'HANLON
LAWYERS
BLAIR, NEBRASKA
DOUGLAS E. BULLOCK, CITY CLERK
ATTEST:
DOUGL E. BULLOCK, CITY CLERK
(SEAL)
ORDINANCE NO. 1285
AN ORDINANCE LEVYING TAXES ON ALL TAXABLE PROPERTY WITHIN THE CITY
OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FOR THE FISCAL YEAR COMMENCING
AUGUST 1, 1980, AND ENDING ON JULY 31, 1981; . REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA, AS FOLLOWS:
SECTION 1. There is hereby levied for the use and benefit of
the City of Blair, Nebraska, for the fiscal year commencing on August 1,
1980, a tax on all property within the corporate limits of said City in
theamount of $472,680.00, which will result in a tentative mill levy of
15.879 on an assumed total assessed valuation of $29,767,476.00.
SECTION 2. All taxes levied herein shall be and . become due,
and remaining unpaid, shall become delinquent as provided by law.
SECTION 3. The City Clerk is hereby authorized and instructed
to certify to the County Clerk of Washington County, Nebraska, the
percentage of or number of mills on the dollar of taxes levied for all
City purposes hereunder, on the taxable property within the City for said
year as shown by the assessment roll for said year, including all special
assessments and taxes assessed as herein provided to be collected in the
manner provided by law for the collection of State and County taxes within
Washington County wherein the City of Blair, Nebraska, is situated, the
foregoing being levies required to raise the necessary amount for the
maintenance of said City and the amount required or authorized to be
raised by statute.
SECTION 4. That all ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 5. That this ordinance shall be in force and take
effect from and after its passage, approval and publication as provided
by law.
Passed and approved this 29th day of July, 1980.
OFFICES OF
O'HANLON & O'HANLON
LAWYERS
(" k
M. STAN EY JENSE►>, WYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
DOUGLAS E. BULLOCK hereby certifies that he is the duly ap-
pointed; qualified and acting City Clerk of the City of Blair, Nebraska,
and that the above and foregoing Ordinance was passed at a regular meet-
ing of the Mayor and City Council held on the 29th day of July , 1980.
OFFICES OF
O•HANLON & O'HANLON
LAWVFPS
DOUGLAS E. BULLOCK, CITY CLERK
mercial and industrial
ORDINANCE NO. - 1
AN ORDINANCE FIXING, SPECIFYING AND SETTING RATE CHARGES, AVAIL-
ABILITY AND SERVICE SPECIFICATIONS TO CUSTOMERS OF THE MUNICIPAL
WATERWORKS OF THE CITY OF BLAIR; REPEALING ALL ORDINANCES IN,
CONFLICT HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE
IN FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. That the rate
service specifications to customers
of the City of Blair are hereby set
A. Water services from the municipal water-
works of the City of Blair shall be available to all customers
within the corporate limits of said City for all domestic, com-
B.
shall be computed on the following rates to which shall be added
an amount of 15 percent of the customer's bill.
First 330 cubic feet per month @ $
Next 370 cubic feet per month @ $
Next 16,300 cubic feet per month @
Over 17,000 cubic feet per month @
Minimum billing shall be based
facilitate fair and just billing.
charges, availability and
of the municipal waterworks
and specified as follows:
purposes.
The gross monthly bill due each customer
3.05 per HCF
1.45 per HCF
1.08 per HCF
$ .90 per HCF
on meter size as follows:
5/8" or 3/4" meter $ 7.02 per month
1" meter $ 11 per month
1 - 1/4" and 1 -1/2" meter $ 23.90 per month
2" meter $ 39.A0 per month
Over 2" meter By agreement
C. An amount of 15 percent of the gross monthly
bill shall be deducted from each customer's bill if said bill is
paid on or before the due date indicated on the bill.
D. The rates set and established herein for
customers of said municipal waterworks shall apply to single- family
dwellings, farms, trailers, commercial and industrial customers,
and to each unit of flats, apartment houses and multiple family
dwellings., When two or more of said customers including separate
units of flats, apartment houses or multiple family dwellings are
served by a common meter, the use of blocks shall be multiplied
by the number 'of units or consumers served by the common meter to
E. Service may be obtained outside of the
corporate limits of the City of Blair if the individual desiring
such service applies for said service on an individual basis and
such application is approved by the governing body. The meter for
said service shall be located at the city limits and responsibility
.for the installation, repair and maintenance of all water pipe out-
side of the city limits to be assumed by the customers served. All
materials and installation and repair procedures shall be approved
by the Board of Public Works. The expense of the installation of
the meter and all water pipe and appurtenances necessary for the
installation of said meter shall be paid by the customers and all
of said materials and appurtenances shall be paid by the customers
and all of said materials and appurtenances shall be conveyed
without consideration to the City in return for which the City will
assume perpetual maintenance of the water pipe within the city
limits.
F. Be it further resolved that the usage is
to begin in August of 1980. Reading of the meters will begin in
September, 1980, and billing of the service charges to begin in
October, 1980.
G. Be it further resolved that all rate
charges, availability and service specifications now or previously
in effect shall be and the same are hereby repealed as of the
effective date of the rate charges, availability and service
specifications set forth and fixed herein.
SECTION 2. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 3. This ordinance shall'be in force and take
full effect from and after its passage, approval and publication
as provided by law.
ATTEST:
4 7
ALA E. BULLOCK, CITY CL 8RK
(SEAL)
STATE OF NEBRASKA )
WASHINGTON COUNTY )
DOUGLAS E. BULLOCK hereby certifies that he is the
duly appointed, qualified and acting City Clerk of the City of
Blair, Nebraska, and that the above and foregoing Ordinance was -
passed at a regular meeting of the Mayor and City Council held
on the 29th day of July, 1980.
Passed and approved this 29th day of July, 1980.
:ss:
M. STANLEY JENSW
DOUGLAS E. BULLOCK, CITY CLERK
the
any seals
guilty of
ORDINANCE NO. 1287
OFFICES OF
O'HANLON & O'HANLON
LAWYERS
BLAIR. NEBRASKA
AN ORDINANCE CREATING SECTION 6 -352 OF THE MUNICIPAL CODE OF THE
CITY OF BLAIR TO PROVIDE FOR THE CREATION OF A PENALTY FOR THE
TAMPERING, DESTRUCTION, ALTERATION OR REMOVAL OF WATER OR ELEC-
TRICAL METERING DEVICES REGISTERING AND METERING WATER AND ELEC-
TRICAL USAGE AS SUPPLIED BY THE CITY OF BLAIR; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH: AND PRO-
VIDING WHEN THIS ORDINANCE.SHALL BE IN FORCE AND EFFECT.
BE IT ORDAINED!) BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. That Section 6 -352 of the Municipal Code of
the City of Blair is hereby created and shall read as follows:
MISDEMEANORS; METER TAMPERING. It shall be unlawful for any
person to tamper with, alter, destroy or modify or to do any other
act or cause any other act to be done which alters or prohibits
accurate metering and registering of water or electricty as
supplied by the City of Blair to its customers. Said
shall also specifically include but not be limited to
tampering
breaking of
on the metering device and adjusting or removing cams.
Notwithstanding the provisions of 6 -401, any person
any unlawful acts as provided for by this section shall
be punished by a fine of not less than $25.00, 'nor more than $500.00,
and the court as part of the judgment may order said person to make
reasonable restitution to the City of Blair for any electricity or
water used but not registered by said metering device as a result
of the unlawful acts of said person.
SECTION 2. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
take full effect from and after its passage, approval and
publication as provided by law.
Passed and approved this
1980.
ATTEST:
(SEAL)
STATE OF NEBRASKA
WASHINGTON COUNTY
SECTION 3. This ordinance shall be in force and
. BUL O0CK, City Clerk
:ss:
OFFICES OF
OHANLON & O•HANLON
LAWYERS
BLAIR. NEBRASKA
26th day of
August
M. STANLEY JENSEN, *OR
DOUGLAS E. BULLOCK, hereby certifies that he is the
duly appointed, qualified and acting City Clerk of the City
of Blair, Nebraska, and that the above and foregoing Ordinance
was passed at a regular meeting of the Mayor and City Council
of said City held on the 26th day of August , 1980.
O.GL' E. BULLOCK, CITY .CLERK
ORDINANCE NO. 1288
AN ORDINANCE ESTABLISHING A SEWER USE FUND FOR THE CITY OF BLAIR
AS SPECIFIED THEREIN: REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH: AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN
FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. There is hereby added to the Municipal
Code of the City of Blair the following Section, to -wit: 4 -602
SANITARY SEWER SYSTEM: FUNDING, RATES BILLINGS, RECORDS, AND SURCHARGE.
There is hereby established a fund exclusively for the construction,
maintenance, extension and operation of the Sewage Disposal Works
of the Municipality and all expenses directly related thereto. The
rates and charges for the use of the Municipal Sewer and Sewage
Disposal Works shall be based upon the water usage for each water
user, whose waste is discharged into the sanitary sewers of the City,
and shall be a monthly sum equal to Fiftv -one
applicable monthly water charge at the current water rates as speci-
fied herein. The monthly water charge for commercial and industrial
users shall be the actual water charge made for the billing period
to the consumer and the monthly water charge for residential users
shall be the average water charge made for the months of December,
January and February for the immediately preceding December, January,
and February. Such funds so collected shall be kept separate from
any other fund, and a record of the receipts and disbursements along
with sinking funds and /or unpaid obligations shall be part of this
record. This record shall be made a part of the report by the Clerk
and Treasurer of the City on a monthly basis. The sewer use fee,
as established by the method set forth herein shall begin with the
billing for October 1, 1980. A minimum sewer use fee of Pi -one
per cent (51 %) per month of the minimum monthly water billing shall
be made on all single residences or single dwelling units when water
usage. during the preceding winter period such residence or
dwelling unit does not exist.
OFFICES OF
O'HANLON & O'HANLON
LAWYERS
BLAIR. NEBRASKA
per cent (51%) of the
Multiple dwellings served by one common water meter
shall have each apartment or living unit that is provided with
cooking facilities counted as one unit with the total units multi-
plied by the minimum monthly sewer use fee to establish the minimum
sewer use fee to be applied to the units involved.
Two or more commercial or industrial users served by
a common water meter shall have the number of users so served
multiplied by the minimum monthly sewer use fee to establish the
minimum monthly sewer use fee to be applied to such users.
Residential dwelling units that are served from a
water meter common to a commercial or industrial user shall be
considered a commercial user for purposes of establishing sewer
use fees.
Water which is not metered by the Board of Public
Works in the City of Blair shall not be permitted to enter the
sanitary sewer system of the City of Blair unless special permis-
sion has been granted by the Board of Public Works. Individual
cases where unmetered water enters into the sanitary sewer system
of the City of Blair shall be considered on an individual basis
and the user shall be required at his expense to install a water
mater which shall be used for the purpose of determining the sewer
use fee .only.
SECTION 2. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in force and
take full effect from and after its passage, approval and publication
as provided by law.
Passed and approved this 26th day of
ATTEST:
DO LA E. BULLOCK, City Clerk
M. STANLEY JENSEN ay
OFFICES OF
O'HANLON & O'HANLON
LAWYERS
August , 1980.
STATE OF NEBRASKA )
:ss: DOUGLAS E. BULLOCK hereby
WASHINGTON COUNTY )
certified that he is the
duly appointed, qualified and acting City Clerk of the City of Blair,
Nebraska, and that the above and foregoing Ordinance was passed at
a regular meeting of the Mayor and City Council of said City held on
the 26th day of August
, 1980.
OFFICES OF
O'HANLON & O'HANLON
LAWYERS
K, City Clerk
ORDINANCE NO. 1289
AN ORDINANCE OF THE CITY OF BLAIR , WASHINGTON COUNTY,
NEBRASKA, ESTABLISHING CLASSES OF GAS SERVICE AND RATES TO BE
CHARGED FOR GAS SERVICE WITHIN THE CITY OF BLAIR
NEBRASKA, AND REPEALING ORDINANCE NO. 1232 AND ALL OTHER
ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT WITH THE PROVISIONS
OF THIS ORDINANCE.
BE IT ORDAINED by the Mayor and Council of the City of Blair
Nebraska:
SECTION I - APPLICABILITY AND CLASSIFICATION
This ordinance shall apply to any person, firm or corporation supplying
gas service to the City of Blair , Nebraska, and the inhabitants.
thereof. Any such person, firm, or corporation shall be hereinafter referred
to as the gas distribution company, or company.
The gas distribution company shall provide two classes of service to
its customers as hereinafter specified and defined:
1. Firm Gas Service
Firm gas service is defined as gas service that is supplied
on a noninterruptible basis. Firm gas service shall be made
available to all customers whose maximum space heating 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 distribution
company whenever necessary to protect the service of its firm
gas customers.
SECTION II - RATES
The gas distribution company shall not, after the effective date of
this ordinance, charge more for such gas service than hereinafter set forth.
1. Firm Gas Service Rate
a. Availability - This rate is available only to customers
whose maximum space heating requirements for gas are less than
1,000 cubic feet per hour. The gas distribution company shall
not be required to serve any customer at the following rate
whose space heating requirements amount to 1,000 cubic feet or
more per hour.
b. Rate
-2-
First 500 Cubic Feet or Less $ 3.0000. Per Month
Next 4,500 Cubic Feet at $ 3.7313 Per MCF Per Month
Excess Cubic Feet at • $3.4800 . Per MCF Per Month
Minimum Monthly Bill $ 3.00
c. Adjustment for Cost of Purchased Gas
In the event the rates to be charged the gas distribution
company for any natural or supplemental gas purchased by
it on a firm supply basis for resale in Blair
Nebraska, are increased or decreased, either temporarily
or permanently, the rates prescribed in the foregoing
schedule may be increased or shall be decreased correspond-
ingly to reflect the change in the cost of firm gas for
Blair ,. Nebraska, such increase or decrease by the
company to be effective not earlier than the effective date
of the increase or decrease in rates charged the company.
Any refund including interest thereon, if any, received by
the company from its supplier in respect of increased rates
paid by the gas distribution company subject to refund and
applicable to gas purchased on a firm supply basis for resale,
in Blair , Nebraska, shall be refunded to its firm
gas customers in the form of credits on such customers'
bills or in cash to the extent that such increased rates
paid by the company were passed on to such firm gas customers.
d. Adjustment for Taxes
In the event that, after the effective date of this ordinance,
the business of the gas distribution company in the City
of Blair , Nebraska, shall be subjected to any
additional taxes measured by its gross revenues from the
operation of such business on the volume of such business or
constituting a fee for carrying on such business, or in the
event that (i) the rate of any such tax or (ii) the amount
of any such fee shall be increased after the effective date
of this ordinance, the gas distribution company shall be
entitled to increase its charges under the aforesaid rates
so as to offset such additional imposition or impositions of
such increase.
2. Interruptible Gas Service Rate
Availability - This rate is available only on a contract basis
to customers whose requirements for gas amount to 1,000 cubic
feet or more per hour, and who install and maintain sufficient
The gas distribution company may enter into written contracts with
any customer or class of customer making application therefor without
discrimination for special gas service for commercial and industrial uses
at such rates and on such conditions as the contracting parties may agree.
ATTEST:
-3-
standby fuel to take care of customer's entire requirements
during periods of curtailment of the use of gas by the gas
distribution 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 mutually agreed upon between the customer and
the gas distribution company but shall not be higher than
the firm gas service rate that may be in effect from time to
time.
City Clerk
SECTION III - OTHER CONTRACTS
SECTION IV - REPEALER
That Ordinance No. 1232 and all other ordinances and parts of
ordinances in conflict with the provisions of this ordinance are hereby
repealed.
SECTION V - EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its
passage, approval and publication as required by law.
PASSED AND APPROVED this 28th day of October , 19-80 .
Signed:
ORDINANCE NO. 1290
AN ORDINANCE AMENDING SECTIONS 6 -101, 6 -103, 6 -114, 6 -116, AND
REPEALING AND REPLACING 6 -117; PROVIDING FOR A REDUCTION IN THE
LICENSE FEES FOR SPAYED FEMALE DOGS OR NEUTERED MALE DOGS;
PROVIDING FOR THE INCLUSION OF WRONGFUL LICENSING OF NEUTERED
MALE DOGS; PROVIDING FOR A PROCEDURE BY WHICH THE MAYOR AND CITY
COUNCIL MAY SET MUNICIPAL ANIMAL SHELTER BOARDING FEES; PROVIDING
FOR PAYMENT OF BOARDING FEES PRIOR TO RELEASE OF A DOG FROM CON-
FINEMENT; REPEALING OF THE LEGAL DESTRUCTION OF DOGS; PROVIDING
FOR THE CONFINEMENT OF FEMALE DOGS DURING THE PERIOD. OF FERTILITY;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN
THIS ORDINANCE SHALL BE IN FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. That Section 6 -101 of the Municipal Code of
the City of Blair, Nebraska, is hereby amended to read as follows:
6 -101 DOGS; LICENSE. Any person who shall own, keep, or harbor a
dog over the age of three (3) months within the Municipality shall
within thirty (30) days after acquisition of the said dog acquire a
license for each such dog annually by or before the first day of
January of each year. The said tax shall be delinquent from and
after January 31st; provided, the possessor of any dog brought
into or harbored within the corporate limits shall be liable for the
payment of the dog tax levied herein. Licenses shall be issued by
the Municipal Clerk upon the payment of a license fee of Five ($5.00)
Dollars for each.spayed female dog and each neutered male dog and
Ten ($10.00) Dollars for all other dogs. Said license shall not be
transferable and no refund will be allowed in case of death, sale,
or other disposition of the licensed dog. The owner shall state at
the time the application is made and upon printed forms provided for
such purpose, his name and address and the name, breed, color, and
sex of each dog owned and kept by him. A certificate that the dog has
had a rabies shot, effective for the ensuing year of the license,
shall be presented when the license is applied for and no license or
tag shall be issued until the certificate is shown.
SECTION 2. That Section 6 -103 of the Municipal Code of
the City of Blair, Nebraska, is hereby amended to read as follows:
6 -103 DOGS; WRONGFUL LICENSING. It
owner, keeper, or harborer of any dog
shall be unlawful for the
to permit or allow such dog
to wear any license, metallic tag or other Municipal identification
than that issued by the Municipal Clerk for dogs, nor shall the
owner, keeper, or harborer wrongfully and knowingly license an
unspayed female dog and an unneutered male dog with a license pre-
scribed for a neutered male or spayed female dog.
SECTION 3. That Section 6 -114 of the Municipal Code
of the City of Blair, Nebraska, is hereby amended, to read as
follows: 6 -114 DOGS; IMPOUNDING. It shall be the duty of the
Municipal Po .ice or their authorized agent to capture, secure, and
remove in a humane manner to the Municipal Animal Shelter, or to
a designated animal shelter located within or out of the City
Limits, any dog violating any of the provisions of this Article.
The dogs so impounded shall be treated in a humane manner and shall
be provided with a sufficient supply of food and fresh water each
day. Each impounded dog shall be kept and maintained at the pound
for a period of not less than five (5) days unless reclaimed
earlier by the owner. Notice of impoundment of all animals, in-
cluding any significant marks or identifications shall be posted
at the office of the City Clerk as public notification of such
impoundment. Any dog may be reclaimed by its owner during the
period of impoundment by payment of ten ($10.00) dollars as a
general impoundment fee or any other impoundment fee as set by
the Mayor and City Council of the City of Blair, Nebraska, from
time to time. The owner shall then be required to comply with
the licensing and rabies vaccination requirements within seventy -
two (72) hours after release. If the dog is not claimed at the
end of five (5) days, the Municipal Police or their authorized
agent, may dispose of the dog or destroy in any humane manner within
the discretion of the Municipal Police or their authorized agent;
provided, that if, in the judgment of the Municipal Police or their
authorized agent, a suitable home can be found for any such dog,
the said dog shall be turned over to that person and the new owner
shall then be required to pay all fees and meet all licensing and
vaccinating requirements provided in this Article. The Municipality
or its authorized agent, shall acquire legal title to any unlicensed
dog impounded in the Animal Shelter after five (5) days. All
dogs shall be destroyed and buried in the summary and humane
manner as prescribed by the Board of Health:
For the purposes of this Article, impoundment shall be
deemed to have occurred when the animal has been captured, secured
and placed into a vehicle for transporation to the Municipal Animal
Shelter or designated animal shelter.
SECTION 4. That Section 6 -116 of the Municipal Code of
the City of Blair, Nebraska, is hereby amended to read as follows:
6 -116 DOGS; RABIES SUSPECTED. Any dog suspected of being afflicted
with rabies, or any dog not vaccinated in accordance with the pro-
visions of this Article which has bitten any person and caused an
abrasion of the skin, shall be seized and impounded under the super-
vision of the Board of Health for a period of not less than ten (10)
days. If upon examination by a veterinarian, the dog has no clinical
signs of rabies at the end of such impoundment, it may be released
to the owner, or, in the case of an unlicensed dog, it shall be
disposed of in accordance with the provisions herein. If the owner
of the said dog has proof of vaccination, it shall be confined by
the owner or some other responsible person for a period of at least
ten (10) days, at which time the dog shall be examined by a licensed
veterinarian. If no signs of rabies are observed, the dog may be
released from confinement, only after payment of all impoundment fees
during the period of confinement.
SECTION 5. That Section 6 -117 of the Municipal Code of
the City of Blair, is hereby repealed and replaced by a
new Section 6 -117. That the new Section 6 -117 shall read as follows:
6 -117 DOGS; CONFINEMENT OF FEMALE DOGS DURING PERIOD OF FERTILITY.
Any person who owns, harbors or in any way sustains a female dog
shall confine the same in an enclosed building during the female
referred
to as the period
dog's entire period of fertility, commonly
during which the dog is in season.
SECTION 6. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 7. This ordinance shall be in force and take
full effect from and after its passage, approval and publication
as provided by law.
Passed and approved thls23r'd day of December, 1980.
ATTEST:
21/5
VERNA R. BULL, CITY CLERK
(SEAL)
STATE OF NEBRASKA
WASHINGTON COUNTY
(SEAL)
) :ss:
)
M. STANLEY JENSE
OR
VERNA R. BULL, hereby certifies that the is the duly
appointed, qualified and acting City Clerk of the City of Blair,
Nebraska, and that the above and foregoing Ordinance was passed
at a regular meeting of the Mayor and City Council of said City
held on the 23 rdday of December, 1980.
Za olLAJ 1
VERNA R. BULL, CITY CLERK