1988ORDINANCE NO. 1469,
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, CHANGING THE NAME OF
OAK STREET AS ESTABLISHED ON THE PLATTING. OF NELSON'S ADDITION TO
THE CITY OF BLAIR, FROM OAK STREET TO OAK DRIVE, REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND
PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA.
SECTION 1. That Oak, Street as established and shown on'the
original platting of Nelson's Addition to',the City of. Blair,
Nebraska, as said- street exists between the 1.400 and 1500 blocks
in the municipality should be renamed and the name of said street
• r
is hereby changed from Oak Street to Oak Drive.
SECTION 2. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in full force and
effect from and following the passage and publication hereof as
required by law.
PASSED AND APPROVED this 26th day of January,, 1988.
ATTEST.
VERNA R. B L ,
(SEAL)
STATE OF NEBRASKA
WASHINGTON COUNTY
) ss
M. STANLEY JE;EV MAYOR
VERNA R. BULL, hereby certifies that she 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 January, 1988,
VE' N R . BULL, C_ TY CLERK
SECTION 1. That the real estate described as LOT 7 IN
K -SPAN INDUSTRIAL PARK SUBDIVISION OF TAX LOT 152, SECTION 12,
TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., CITY OF BLAIR,
NEBRASKA, should be sold and conveyed by the City of Blair,
Nebraska, to J & -V, a partnership.
SECTION 2. That the consideration to be paid by J & V,
partnership, for such real estate is the sum of $4,200.00
payable in cash upon closing. The conveyance shall be by Quit
Claim Deed and the City shall not be. required to
Y q provide an
abstract or title insurance.
SECTION 3. That the Mayor and City Clerk of the City of
Blair, Nebraska, are hereby authorized and directed to execute
any and all necessary documents to effectuate such conveyance.
SECTION 4. All ordinances or carts of ordinances In
conflict herewith are hereby repealed.
SECTION 5. This ordinance shall be in full force and
effect from and following the passage and publication hereof as
required by law.
PASSED AND APPROVED THIS 8th day of March, 1988.
ORDINANCE NO. 1470
AN ORDINANCE PROVIDING FOR THE SALE OF A TRACT OF LAND DESCRIBED
AS. LOT 7 IN K -SPAN. INDUSTRIAL PARK SUBDIVISION OF TAX LOT 152,
SECTION 12, TOWNSHIP 18 NORTH., RANGE 11 EAST OF THE 6TH P.M.,
CITY QF BLAIR, NEBRASKA, PROVIDING FOR. THE TERMS AND CONDITIONS
OF SAID SALE, REPEALING ALL ORDINANCES. OR.PARTS.OF ORDINANCES IN
CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN
FULL FORCE AND EFFECT.
BE IT ORDAINED BY 'THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA.
466//oa„.
M. STANLEY J iS N, MAYOR
ATTEST:
Z/S4 - �- .or
VERNA R. BULL, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
VERNA R. BULL, hereby certifies that she 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 8th day of March, 1988.
VERNA
R. BULL, CITY:CLERK
ORDINANCE NO. 1471
AN ORDINANCE PROVIDING FOR THE SALE OF THE FOLLOWING DESCRIBED
REAL ESTATE,.. TO -WIT: THE NORTH ONE -HALF (N1/2) OF THE VACATED
STREET ADJACENT TO LOTS 45 AND 37 IN BARONAGE VALLEY ADDITION TO
THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, AND ... MORE
PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF
LOT 37 IN SAID BARONAGE VALLEY ADDITION, AND ASSUMING THE WEST
LINE OF SAID LOT 37 TO BEAR N 00 DEGREES 03 MINUTES 02 SECONDS E;
THENCE N 00 DEGREES 03 MINUTES 02. SECONDS E A DISTANCE OF 25.00
FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N 00 DEGREES 03
MINUTES 02 SECONDS E A DISTANCE OF 25.00 FEET TO THE SOUTHWEST
CORNER OF LOT 45 IN SAID BARONAGE VALLEY ADDITION; THENCE N 90
DEGREES 00 'MINUTES E ALONG THE SOUTH LINE OF SAID LOT 45 A
DISTANCE OF 63.77 FEET TO A`POINT OF CURVATURE; THENCE ALONG A
100 FOOT RADIUS CURVE TO THE RIGHT-,: AN , ARC DISTANCE OF 51.57
FEET; THENCE S. 29 DEGREES 32 MINUTES 56 SECONDS W A DISTANCE OF
25.00 FEET TO A POINT ON A 75.QQ' FOOT .RADIUS CURVE TO THE LEFT,
INITIAL TANGENT OF WHICH BEARS'N 60 DEGREES 27 MINUTES 04 SECONDS
W; THENCE THENCE ALONG SAID 75. FOOT RADIUS CURVE AN ARC
DISTANCE OF 38.68 FEET TO A. POINT OF TANGENCY; THENCE S 90
DEGREES 00 MINUTES W A DISTANCE OF 63.79 FEET TO THE _POINT OF
BEGINNING; PROVIDING FOR • THE - TERMS AND CONDITIONS-OF SAID SALE,
REPEALING ALL. ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL
FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA.
SECTION 1. The real estate described as THE NORTH ONE-
HALF (N1/2) OF THE VACATED STREET ADJACENT TO LOTS 45 AND 37 IN
BARONAGE VALLEY ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY,
NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE
NORTHWEST CORNER OF LOT 37 IN SAID BARONAGE VALLEY ADDITION, AND
ASSUMING THE WEST LINE OF SAID LOT 37 TO BEAR N 00 DEGREES 03
MINUTES 02 SECONDS E; THENCE N 00 DEGREES 03 MINUTES 02 SECONDS E
A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING N 00 DEGREES 03 MINUTES 02 SECONDS E A DISTANCE OF
25.00 FEET TO THE SOUTHWEST CORNER OF LOT 45 IN SAID BARONAGE
VALLEY ADDITION; THENCE N 90 DEGREES 00 MINUTES E ALONG THE SOUTH
LINE OF SAID LOT 45 A DISTANCE OF 63.77 FEET TO A POINT OF
CURVATURE; THENCE ALONG A 100.00 FOOT RADIUS CURVE TO THE RIGHT,
AN ARC DISTANCE OF 51.57 FEET; THENCE S 29 DEGREES 32 MINUTES 56
SECONDS W A DISTANCE OF 25.00 FEET TO A. POINT ON.A 75.00 FOOT
RADIUS CURVE TO THE LEFT, INITIAL TANGENT OF WHICH BEARS 'N 60
DEGREES 27 MINUTES 04 SECONDS W; THENCE THENCE ALONG SAID 75.00
FOOT RADIUS CURVE AN ARC DISTANCE OF, 38.68. FEET TO A POINT OF
TANGENCY; THENCE S 90 DEGREES 00 MINUTES W A DISTANCE OF 63.79
FEET TO THE POINT OF BEGINNING; ;l PROVIDING FOR THE TERMS AND
CONDITIONS OF SAID SALE, should be sold and conveyed by the City
of Blair, Nebraska, to Myron F. Lehl and Adrienne L. Lehl. P .
SECTION 2. That the consideration to be paid by Myron
F. Lehl and Adrienne L. Lehl for such real estate is the sum of
$500.00 payable in cash upon closing. The conveyance shall be by
Quit Claim Deed and the City shall not be required to provide an
abstract or title insurance. The deed shall further contain a
restriction that the parcel sold hereby shall never be conveyed
except simultaneously with Lot 45 , Baronage Valley Addition to
the City of Blair.
SECTION 3. That the Mayor and City Clerk of the City of
Blair, Nebraska, are hereby authorized and directed to execute
any and all necessary documents to effectuate such conveyances.
SECTION 4, All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 5. This ordinance shall be in full force and
effect from and following the passage and publication hereof as
required by law.
22 nd
PASSED AND APPROVED THIS day of March, 1988.
ATTEST:
VERNA R. BULL, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
VERNA R. BULL, hereby certifies that she 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 March, 1988.
glt-7.4)
VERNA' R. BULL, CITY CLERK
ORDINANCE NO. 1472
AN ORDINANCE PROVIDING FOR THE SALE OF THE FOLLOWING DESCRIBED
REAL ESTATE, TO-WIT: THE .SOUTH ONE-HALF (S1/2) OF THE VACATED
STREET ADJACENT TO LOTS 45 AND 37 IN BARONAGE VALLEY ADDITION TO
THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST
CORNER OF LOT 37 IN SAID BARONAGE VALLEY ADDITION, AND ASSUMING
THE WEST LINE OF SAID LOT 37 TO BEAR N 00 DEGREES 03 MINUTES 02
SECONDS E; THENCE N 00 DEGREES 03 MINUTES 02 SECONDS E A DISTANCE
OF 25.00 FEET; THENCE N 90 DEGREES 00 MINUTES E A DISTANCE OF
63.79 FEET TO A POINT OF CURVATURE; THENCE ALONG A 75.00 FOOT
RADIUS CURVE TO THE RIGHT, AN ARC DISTANCE OF 38.68 FEET; THENCX
S 29 DEGREES 32 MINUTES 56 SECONDS W A DISTANCE OF 25.00 FEET TO
A POINT ON A 50.00 FOOT RADIUS CURVE TO THE LEFT, INITIAL TANGENT
OF WHICH BEARS N 60 DEGREES 27 MINUTES 04 SECONDS W; THENCE ALONG
SAID 50.00 FOOT RADIUS CURVE AN ARC DISTANCE OF 25.79 FEET TO A
POINT OF TANGENCY; THENCE 8 90 DEGREES 00 MINUTES W A DISTANCE OF
63.81 FEET TO THE POINT OF BEGINNING, PROVIDING FOR THE TERMS AND
CONDITIONS OF SAID SALE, REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT,
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, •NEBRASKA.
SECTION 1. The real estate described as THE SOUTH ONE-
HALF (S1/2) OF THE VACATED STREET ADJACENT TO LOTS 45 AND 37 IN
BARONAGE VALLEY ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY,
NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING
AT THE NORTHWEST CORNER OF LOT 37 IN SAID BARONAGE VALLEY
ADDITION, AND ASSUMING THE WEST LINE OF SAID LOT 37 TO BEAR N 00
DEGREES 03 MINUTES 02 SECONDS E; THENCE N 00 DEGREES 03 MINUTES
02 SECONDS E A DISTANCE OF 25.00 FEET; THENCE N 90 DEGREES 00
MINUTES E A DISTANCE OF 63.79 FEET TO A POINT OF CURVATURE;
THENCE ALONG A 75.00 FOOT RADIUS CURVE TO THE RIGHT, AN ARC
DISTANCE OF 38.68 FEET; THENCE S 29 DEGREES 32 MINUTES 56 SECONDS
W A DISTANCE OF 25.00 FEET TO A POINT ON A 50.00 FOOT RADIUS
CURVE TO THE LEFT, INITIAL TANGENT OF WHICH BEARS N 60 DEGREES 27
MINUTES 04 SECONDS W; THENCE ALONG SAID 50.00 FOOT RADIUS CURVE
AN ARC DISTANCE OF 25.79 FEET TO A POINT OF TANGENCY; THENCE 5 90
DEGREES 00 MINUTES W A DISTANCE OF 63.81 FEET TO THE POINT OF
BEGINNING, should be sold and conveyed by the City of Blair,
Nebraska, to Pat Mallette subject to the reservation by the City
of an easement over and across such teal estate for the repair,
replacement, maintenance, and existence of a drainage way and
underground tube and that the City shall not be responsible for
or have any liability for any damages to the property or
improvements thereon by virtue of the exerciseof any of its
rights under the easement reserved hereby.
SECTION 2. That the consideration to be paid by Pat
Mallette, Pat Mallette Construction Company for such real estate
is the sum of $200.00 payable in cash upon closing. The
conveyance shall be by Quit Claim Deed and the City shall not be
required to provide an abstract or title insurance. The deed
shall further contain a restriction that the parcel sold hereby
shall never be conveyed except simultaneously with Lot 37 in
Baronage Valley Addition to the City of Blair.
SECTION 3. That the Mayor and City Clerk of the City of
Blair, Nebraska, are hereby authorized and directed to execute
any and all necessary documents to effectuate such conveyances.
SECTION 4. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 5. This ordinance shall be in full force and
effect from and folloWing the passage and publication hereof as
required by law.
PASSED AND APPROVED THIS 22nd day of March, 1988.
640- 46/2/raL„,
M. STANLEYAVEN, MAYOR
ATTEST:
VERNA R. BULL, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
VERNA R. BULL, hereby certifies that she 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 March, 1988.
7
VERNA R. BULL, CITY CLERK
Section 5. That Section 12 of Ordinance No. 1477 is hereby
amended to read as follows:
Section 12. The revenue and earnings of the
Water System. as now existing or hereafter acquired,
are hereby pledged and hypothecated for the payment
of the 1988 Bonds and any Additional Bonds of equal
priority issued as authorized by this ordinance and
interest on such 1988 Bonds and anysuch Additional
Bonds. For such purpose there .shall be included in
the gross revenues of the Water System any monies
appropriated from year to year by the Mayor and
Council to the Water System for purposes of reducing
user rates or other purposes, from whatever source
derived. The City does hereby agree with the holders
of said 1988 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, including appropriations
from other sources. shall be set aside as
collected and deposited in a separate fund
which is hereby ordered established and shall
be designated as the "Blair Water System
Fund". For purposes of allocating the monies
in the Blair Water System Fund, the City shall
maintain the following accounts: (1) Bond
Payment Account; (2) Operation and Maintenance
Account; (3) Debt Service Reserve Account; (4)
Renewal and Replacement Account, and (5)
Surplus Account.
(b) 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, starting with the month
of June, 1988, the following amounts:
-16--
(1) For the period from June 1, 1988 through
April 30, 1989:
(A) an amount equal to 1 /11th of the
next maturing interest payment on
the 1988 Bonds;
(B) an amount equal to 1 /11th of the
next maturing principal payment on
the 1988 Bonds.
(2) For the period from May 1, 1989 on, so
long as the 1988 Bonds remain
outstanding an amount equal to 1 /6th of
the next maturing semiannual interest
payment on the 1988 Bonds;
(3) For the period from May 1, 1989 through
April 30. 2003, an amount equal to
1 /12th of the next maturing principal
payment on the 1988 Bonds due as serial
Bonds.
(4) For the period from May 1, 2003 until
the 1988 Bonds have been paid in full.
an amount equal to 1 /12th of the amount
of principal of 1988 Bonds scheduled for
mandatory redemption as term Bonds on
the next date set for mandatory
redemption in Section 8 hereof.
The City Treasurer is hereby authorized and
directed, without further authorization, 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 sufficient to pay, when
due, the principal of and interest on the 1988
Bonds or any Additional Bonds and to transfer
such amount to the Paying and Registrar
(or other paying agent for Additional Bonds)
on or before each principal and interest
payment date. Upon the issuance of any
Additional Bonds pursuant to this ordinance
appropriate additional credits to the Bond
Payment Account shall be provided for
sufficient to pay principal and interest on
said Additional Bonds.
-17-
(c) OPERATION AND MAINTENANCE ACCOUNT - After any
credits required to be made by the foregoing
subparagraph (b) have been made in full. out
of the Blair Water 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 maintaining the
Water System. and the City may withdraw funds
credited to the Operation and Maintenance
Account as necessary from time to time to pay
such expenses.
(d) DEBT SERVICE RESERVE ACCOUNT r Upon the
issuance of the 1988 Bonds, the City shall
deposit an amount equal to the Maximum
Principal and Interest Payment Obligation on
the 1988 Bonds from funds on hand, which
amount shall represent the required balance to
be maintained from time to time with the
amount required to be maintained being reduced
from time to time if and when the Maximum
Principal and Interest Payment Obligation for
the 1988 Bonds decreases. Monies credited to
the Debt Service Reserve Account may be
withdrawn, as needed to provide funds to pay,
when due, the principal and interest on the
1988 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. In the event
of withdrawal from the Debt Service Reserve
Account, there shall be credited to the Debt
Service Reserve Account in the month or months
following such withdrawal all monies in the
Blair Water System Fund remaining after making
the payments required to be made to the Bond
Payment Account and the Operation and
Maintenance Account. Upon the issuance of any
Additional Bonds pursuant 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 Requirements on
the 1988 Bonds. any Additional Bonds then
outstanding and the proposed Additional Bonds
and the amount of the monthly credit required
for the purpose of accumulating such amount in
-18-
the Debt Service Reserve Account shall be set
so that such amount shall be accumulated in a
period of not more than five years.
(e) Renewal and Replacement Account - Upon the
issuance of the 1988 Bonds, the City shall
deposit an amount not less than $50,000 to the
Renewal and Replacement Account from funds on
hand and shall thereafter each month credit to
such account an amount equal to 1/24th of the
difference between the amount deposited upon
issuance of the 1988 Bonds and $100,000 so
that there shall be accumulated in said
account not later than 24 months from the date
of issuance of the 1988 Bonds the amount of
$100,000, which amount shall ^represent the
required balance to be maintained thereafter.
Monies credited to the Renewal and Replacement
Account shall be applied from time to time, at
the direction of the Mayor and Council, to
make improvements to or renewals, replacements
and repairs for the Water System. Whenever
monies are expended from the Renewal and
Replacement Account for such purposes and the
amount credited thereto is reduced below the
then required balance, monthly credits in the
amount of $1,700 to said account shall
commence and continue to be made until said
account has been restored to the required
balance. Said monthly credits shall be made
from monies in the Blair Water System Fund
after the credits required in the foregoing
paragraphs 11(b), 11(c) and 11(d) have been
made for each month. Any ordinance
authorizing the issuance of Additional Bonds
may provide for an increase in the required
balance and for payments to be made to said
account. The City may from available funds in
the Surplus Account make credits in advance to
satisfy the monthly credits described above in
this subsection 12(e).
(f) SURPLUS ACCOUNT - Monies from the Blair Water
System Fund remaining after the credits
required in the foregoing paragraphs (b), (c).
(d), and (e) 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 1988
Bonds, or any Additional Bonds prior to their
maturity, to pay principal of and interest on
-19-
any junior lien water 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 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
commingled with other City or Water System funds. If
invested, monies credited to the Debt Service Reserve
Account may be commingled 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 and Bond Payment Account may be
invested in securities eligible for investment of other
City funds. Monies in the Bond Payment Account and Debt
Service Reserve Account may be invested in Permitted
-20--
Investments. 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 eight years.
Investments made from or attributable to the Bond Payment
Account shall mature or be redeemable at the option of
the holder by no later than the time monies are required
for payments due from such account. Income from or
profit realized from investment for any Account shall be
credited to such Account until such Account contains the
amount then 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 6. The title of and Sections Nos. 1, 4, 9 and 12 of
Ordinance No. 1477, as originally passed. are hereby repealed.
Section 7. All remaining sections of Ordinance No. 1477 are
hereby confirmed as originally passed.
Section 8. This ordinance shall be published in pamphlet form
and shall be in force and take effect from and after its passage
and approval according to law.
PASSED AND APPROVED this 11th day of
ATTEST
SEAL
l au,, f/-
City Clerk
-21-
May , 1988.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, VACATING THE ALLEY
RUNNING EAST AND WEST IN BLOCK 82, THIRD ADDITION TO THE CITY OF
BLAIR, NEBRASKA, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE
IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA.
SECTION 1. That the alley running East and West in
Block 82, Third Addition to the City of Blair, Nebraska, is
hereby vacated and abandoned by the municipality.
SECTION 2. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in full force and
effect from and following the passage and publication hereof as
required by law.
PASSED AND APPROVED this
ATTEST:
(L: 4
VERNA R. BULL, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
1473
22nd day of March, 1988.
VERNA R. BULL, hereby certifies that she 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 March, 1988. '
__„_, a,a . ./Z
VERNA R. BULL, CITY CLERK
ORDINANCE NO. 1474
AN ORDINANCE ANNEXING A TRACT OF LAND DESCRIBED AS TAX LOT 65
LYING IN THE SW1 /4 SE1 /4 OF SECTION 3 AND TAX LOT 121 LYING IN
THE NW1 /4 NE1 /4 OF SECTION 10, ALL IN TOWNSHIP 18 NORTH, RANGE 11
EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, AND FURTHER
DESCRIBED AS FOLLOWS: BEGINNING AT THE S1 /4 CORNER OF SAID
SECTION 3, SAID POINT BEING THE SOUTHWEST CORNER OF SAID TAX LOT
65; THENCE N 00 DEGREES 07 MINUTES 19 SECONDS W (ASSUMED BEARING)
ALONG THE WEST LINE OF SAID TAX LOT AND BEING THE WEST LINE OF
SAID SW1 /4 SE1 /4 OF SECTION 3, A DISTANCE OF 1315.12 FEET TO THE
1/4 1/4 CORNER NORTH OF THE S1/4 CORNER OF SAID SECTION 3, SAID
POINT BEING THE NORTHWEST CORNER OF SAID TAX LOT 65; THENCE S 89
DEGREES 15 MINUTES 20 SECONDS EAST ALONG THE NORTH LINE OF SAID
TAX LOT 65 A DISTANCE OF 772.13 FEET TO THE NORTHEAST CORNER OF
SAID TAX LOT, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT
16 IN WESTRIDGE ADDITION TO THE CITY OF BLAIR; THENCE S 02
DEGREES 49 MINUTES 30 SECONDS E ALONG THE WEST LINE OF SAID
WESTRIDGE ADDITION A DISTANCE OF 710.05 FEET; THENCE S 08 DEGREES
56 MINUTES 26 SECONDS E A DISTANCE OF 433.55 FEET, SAID POINT
BEING THE NORTHWEST CORNER OF LOT 1 IN SAID WESTRrDGE ADDITION;
THENCE S 00 DEGREES 00 MINUTES E A DISTANCE OF 183.25 FEET TO A
POINT ON THE SOUTH LINE OF SAID SW1 /4 SE1 /4 AND BEING THE
SOUTHEAST CORNER OF SAID TAX LOT 65; THENCE N 88 DEGREES 58
MINUTES 21 SECONDS W A DISTANCE OF 871.78 FEET TO THE POINT OF
BEGINNING; AND CONTAINING 24.69 ACRES, MORE OR LESS, AND TAX LOT
121 DESCRIBED AS THE NORTH 33.0 FEET OF THE NW1 /4 NE1 /4 OF
SECTION 10, T 18 N, R 11 E OF THE 6TH P.M., WASHINGTON COUNTY,
NEBRASKA, LESS THE EAST 443.0 FEET OF THE NORTH 33.0 FEET OF SAID
NW1 /4 NE1 /4 AND CONTAINING ACRES, MORE OR LESS, REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND
PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA:
SECTION 1. That Michael Jacobson and Deborah Jacobson
are the owners of a tract of land described as TAX LOT 65 LYING
IN THE SW1 /4 SE1 /4 OF SECTION 3 AND TAX LOT 121 LYING IN THE
NW1 /4 NE1 /4 OF SECTION 10, ALL IN TOWNSHIP 18 NORTH, RANGE 11
EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, AND FURTHER
DESCRIBED AS FOLLOWS: BEGINNING AT THE S1 /4 CORNER OF SAID
SECTION 3, SAID POINT BEING THE SOUTHWEST CORNER OF SAID TAX LOT
65; THENCE N 00 DEGREES 07 MINUTES 19 SECONDS W (ASSUMED BEARING)
ALONG THE WEST LINE OF SAID TAX LOT AND BEING THE WEST LINE OF
SAID SW1 /4 SE1 /4 OF SECTION 3, A DISTANCE OF 1315.12 FEET TO THE
1/4 1/4 CORNER NORTH OF THE 81/4 CORNER OF SAID SECTION 3, SAID
POINT BEING THE NORTHWEST CORNER OF SAID TAX LOT 65; THENCE S 89
DEGREES 15 MINUTES 20 SECONDS EAST ALONG THE NORTH LINE OF SAID
TAX LOT 65 A DISTANCE OF 772.13 FEET TO THE NORTHEAST CORNER OF
SAID TAX LOT, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT
16 IN WESTRIDGE ADDITION TO THE CITY OF BLAIR; THENCE S 02
DEGREES 49 MINUTES 30 SECONDS E ALONG THE WEST LINE OF SAID
WESTRIDGE ADDITION A DISTANCE OF 710.05 FEET; THENCE S 08 DEGREES
56 MINUTES 26 SECONDS E A DISTANCE OF 433.55 FEET, SAID POINT
BEING THE NORTHWEST CORNER OF LOT 1 IN SAID WESTRIDGE ADDITION;
THENCE S 00 DEGREES 00 MINUTES E A DISTANCE OF 183.25 FEET TO A
POINT ON THE SOUTH LINE OF SAID SW1 /4 SE1 /4 AND BEING THE
SOUTHEAST CORNER OF SAID TAX LOT 65; THENCE N 88 DEGREES 58
MINUTES 21 SECONDS W A DISTANCE OF 871.78 FEET TO THE POINT OF
BEGINNING; AND CONTAINING 24.69 ACRES, MORE OR LESS, AND TAX LOT
121 DESCRIBED AS THE NORTH 33.0 FEET OF THE NW1 /4 NE1 /4 OF
SECTION 10, T 18 N, R 11 E OF THE 6TH P.M., WASHINGTON COUNTY,
NEBRASKA, LESS THE EAST 443.0 FEET OF THE NORTH 33.0 FEET OF SAID
NW1 /4 NE1 /4 AND CONTAINING 0.67 ACRES, MORE OR LESS, lying
outside the limits of the City of Blair and that the Mayor and
City Council of the City of Blair desire that said territory
which is contiguous to the City of Blair be annexed to said City,
and a plat of said territory to be annexed certified by a
competent surveyor has been prepared.
SECTION 2. That the tract of land described herein be
and the same hereby is annexed to the City of Blair, Nebraska.
SECTION 3. The limits of the City of Blair, Nebraska,
are hereby extended to include this said territory.
SECTION 4. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 5. This ordinance shall be in full force and
effect from and after its passage, approval and publication as
provided by law.
PASSED AND APPROVED this 12th day of April, 1988.
CITY OF BLAIR, NEBRASKA
ATTEST:
VERNA R. BULL, CITY CLERK
(SEAL) •
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
VERNA R. BULL, hereby certifies that she 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 12 th day of April, 1988.
&tee
e4
M. STANLEY 7 MAYOR
/ ZrAW
VERNA R. BULL, CITY CLERK
to conform to the grades as
said improvements to be
specifications and estimate
Engineer for said district
and to be approved
ORDINANCE NO. 1475
AN ORDINANCE ESTABLISHING AND CREATING STREET IMPtOVEMENT
DISTRICT NO. 1 45 IN THE CITY OF BLAIR, NEBRASKA, DESIGNATING
THE PURPOSE OF SAID DISTRICT, DEFINING THE LIMITS AND BOUNDARIES
OF SAID DISTRICT, PROVIDING FOR THE MANNER OF PAYMENT OF THE
STREET IMPROVEMENTS THEREIN, AND PROVIDING WHEN SAID ORDINANCE
SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA.
SECTION. l.. That.Street Improvement District No. 145 is
hereby established and created for the improvement of the
following described streets in the City of Blair, Nebraska:
Adams Street from the existing concrete paving., at the
intersection of Adams Street and Thirty Second Street "west to the
west line of Lot Y1. in Stone Creek Estates and in Stone Creek
Drive from the intersectian Adams Street and Stone Creek Drive
north to the north line of'Stone Creek.Estates Subdivision.
SECTION 2. The street improvements to be made on said
streets in said district shall be to pave the same, to provide
for necessary drainage for storm water, the grade of said streets
established by the City of Blair and
made according to the plans and
of cost to be prepared by the Special
and to be filed with the City Clerk
by the Mayor and City Council of the City.
SECTION 3 The property included in said Street Improvement
District No. and subject to special assessments to pay for
the cost_and expenses of said street improvement, is all of the
privately owned lots, parts of lots and tracts of land and the
lots, parts of lots and tracts of land owned by any municipal or
public corporation and abutting upon and adjacent to said streets
to be improved, to -wit:
Beginning at the intersection of the. North line of Lot 1
in Westridge Addition and the East line of Lot- 1 in
Stone Creek Estates, and assuming the North line of Lot
1 in Westridge Addition to bear due East and West;.
thence East along the North line of Lots 1, 2, 3, and 4
and the Easterly extension thereof to the centerline of
Thirty- second Street; thence Southerly along. said
centerline to a point 20.00 feet south of the south
right -of -way line of Adams Street; thence N 88 degrees
58 minutes 21 seconds W along a line parallel to and
20.00 feet South of the Southerly right -of: -way line of
Adams Street to a point due South of the Southwest,;
corner of Lot 11.in.. Stone ,Creek Estates; thence North to
the Southwest corner of said Lot 11; thence N 37 degrees
25 minutes 15 seconds. W along the Westerly line of Lot
11 a distance of 401.52 feet; thence N 00 degrees 07
minutes 19 seconds W along the West line of Lots 9 and
10 in Stone Creek. Estates a distance of 429.01 feet;
thence West to the West line of Stone Creek Estates
Subdivision; thence along the boundary of Stone Creek
Estates Subdivision as follows: N`00 degrees 07 minutes
19 seconds W to the Northwest corner of said
subdivision; S 89 degrees 15 minutes 20 seconds E a
distance of 772.13 feet to the Northeast corner of said
subdivision; S 02 degrees 49 minutes 30 seconds E a
distance of 710.05 feet; S 08 degrees 56 minutes 26
seconds E a distance of 433.55 feet to the point of
beginning, lying in the SW1 /4 SE1 /4 of Section 3 and the
NW1 /4 NE1 /4 of Section 10, Township 18 North, Range 11
East of the 6th P.M., Washington County, Nebraska.
SECTION 4. The cost of said improvements in said
improvement district shall be paid out of the fund created by the
levy and assessments on the lots and parcels of land in said
Street Improvement District benefited thereby in proportion to
said benefits, all as by the Statutes of the State of Nebraska in
such cases made and provided.
SECTION 5. This ordinance shall take affect and be in force
from and after its passage, approval and publication as provided
by law.
PASSED AND APPROVED this 12th
ATTEST:
VERNA R. BULL, CITY `CLERK
(SEAL) ..
STATE OF NEBRASKA )
}ss.
WASHINGTON COUNTY
day of March, 1988.
M. STANLEY JENtN, YOR
VERNA R. BULL, hereby certifies that she 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 12th day of March, 1988.
VERNA R. BULL, CITY CLERK
ORDINANCE NO. 1476
AN ORDINANCE AMENDING SECTION 3 -122 OF THE MUNICIPAL CODE OF THE
CITY OF BLAIR, NEBRASKA, PROHIBITING THE USE OF LEAD PIPES,
SOLDER, AND FLUX WITHIN THE MUNICIPALITY, REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND
PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA.
SECTION 1. That Chapter 3 Article 1, Section 3 -122 of the
Municipal Code of the City of Blair is hereby amended to read as
follows:
Section 3-122 MUNICIPAL WATER: LICENSED PLUMBER. It
shall be unlawful for any plumber or pipefitter to do
any work upon any of the pipes or appurtenances of the
Municipal Water System or to make any connection with or
extension of the supply pipes of any consumer taking
water from the said system until such plumber or
pipefitter shall have 'first procured a license and
permit from the Municipality. All plumbing shall be
done in the manner required by the Governing Body. The
said Licensed Plumber shall be at all times subiect to
the inspection and approval 'of. the Building Inspector
and it shall be further unlawful to cover or conceal
willfully any defective or unsatisfactory plumbing work.
Any pipe, solders, or flux used in the installation or
repair of any residential or non - residential facility
which is connected to the water supply system shall be
lead free. For the purposes of this section lead free
shall mean:
1. Solders and flux - not more than
percent lead, and
2. Pipe and pipe fittings - not more
percent lead. (Ref. LB 383,
Legislature).
two - tenths (.2 %)
than eight (8 %)
Nebraska State
SECTION 2. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in full force and
effect from and following the passage and publication hereof as
required by law.
PASSED AND APPROVED THIS 26th. day of April, 1988.
ATTEST:
VERNA R. BULL, CITY CLERK
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
(SEAL) •
M. STAN EY JENSEN
VERNA R. BULL, hereby certifies that she 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 April, 1988.
/LL4 W
VERNA R. BULL, CITY CLERK
ORDINANCE NO. 1477
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF WATER SYSTEM
REVENUE REFUNDING BONDS OF THE CITY OF BLAIR, NEBRASKA, IN THE
PRINCIPAL AMOUNT OF TWO MILLION SEVEN HUNDRED SEVENTY THOUSAND
DOLLARS ($2,770,000) FOR THE PURPOSE OF PAYING OFF $555,000 OF THE
CITY'S OUTSTANDING WATER SYSTEM REVENUE REFUNDING BONDS. SERIES
1985, AND $3,196.013 OF JUNIOR LIEN WATER REVENUE BOND. SERIES 1980;
PRESCRIBING THE FORM, TERMS AND DETAILS OF SAID BONDS; PLEDGING AND
HYPOTHECATING THE REVENUE AND EARNINGS OF THE WATERWORKS 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 WATERWORKS PLANT AND SYSTEM;
ENTERING INTO A CONTRACT ON BEHALF OF THE CITY WITH THE HOLDERS OF
SAID BONDS; MAKING PROVISION FOR BOND INSURANCE; AND PROVIDING FOR
PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM.
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, (the "City ") hereby find and determine: a) The City owns
and operates a waterworks plant and system (which plant and system.
together with any additions, extensions and improvements thereto
hereafter made is hereinafter referred to as the "Water System ");
that the Water System represents a revenue producing undertaking of
the City; that the City has issued and outstanding the following
Water System Revenue Bonds:
Water System Revenue Refunding Bonds. Series 1985. date of
original issue - June 15, 1985, in the principal amount of
Five Hundred Fifty -five Thousand Dollars ($555,000),
numbered as shown on the records of the paying agent and
registrar. in denomination of $5.000 or integral multiples
thereof." with said bonds bearing interest and becoming due
and payable as follows:
Amount of Interest
Maturing on Principal Rate to Maturity
April 15 of Year Maturing or Earlier Redemption
1989 65,000 7.30%
1990 65,000 7.60
1991 70,000 7.85
1992 80.000 8.00
1993 85,000 8.30
1994 90,000 8.50
1995 100.000 8.70
Said bonds are subject to redemption at any time on or
after June 15, 1988, and said interest is payable
semiannually. Said bonds were authorized and ordered
issued by Ordinance No. 1410 which was passed and approved
on the 14th day of May, 1985, and were issued for the
purpose of refunding the City's outstanding Water System
Revenue Bonds, Series 1980, Bonds Nos. 39 to 177,
inclusive. dated April 15, 1980, in the principal amount of
$695,000. Said Series 1985 Bonds are herein referred to as
the "1985 Bonds."
Junior Lien Water Revenue Bond, Series 1980. dated July 30,
1980. issued in the original principal amount of
$3.376,000. presently outstanding in the principal amount
of "$3,196,013., bearing interest at the rate of 5% per annum
and finally maturing as to principal on July 29, 2020.
Said Series 1980 Bond is referred to herein as the "1980
Bond."
The 1985 Bonds and 1980 Bond are valid interest- bearing obligations
of the City of Blair, payable from the revenues of the Water System
and said bonds have been called for payment prior to maturity on
June 15 and June 15 , 1988; that under
Section 14 of Ordinance No. 1410 the City may provide for the
discharge and satisfaction of the 1985 Bonds by a deposit of United
States Government Obligations; that by issuing the City's Water
Revenue Refunding Bonds in the principal amount of $ 2.770.000
(the "1988 Bonds ") as herein provided and by depositing certain
monies on hand the City will be able to provide funds sufficient to
-2-
so satisfy the 1985 Bonds; that the registered owner of the 1980
Bond has agreed to surrender the 1980 Bond for cancellation and
discharge upon payment of a redemption price of $ 3.195.013 ;
that an overall savings in principal and interest costs to the City
can be achieved by paying off the 1985 Bonds and the 1980 Bond; b)
that the City has no indebtedness outstanding against the revenues
of its Water System, other than the 1985 Bonds and the 1980 Bond; c)
that all conditions. acts and things required to exist or to be done
precedent to the issuance of Water System Revenue Refunding Bonds of
the City of Blair in the principal amount of $2,770,000 pursuant to
Sections 18 -1803 to 18 -1805 R.R.S. Neb. 1943, do exist and have been
done as required by law.
Section 2. The Mayor and Council hereby further find and
determine that in 1984 the City sold its electric system to Omaha
Public Power District for the sum of $5,950,000 payable over a
period of 30 years with interest at 9% and annual payments due in
April of each year in the amount of $481,814.93; that since such
sale it has been the policy of the Mayor and Council to appropriate
annually from such payment not less than $310.149 to the City's
Water System for purposes of assuring payment of indebtedness for
which the revenues of the Water System have been pledged, including
the 1985 Bonds and the 1980 Bond in order to provide lower utility
rates payable by users of the Water System than would otherwise be
required; that in connection with the issuance of the bonds hereby
authorized the Mayor and Council do hereby declare their intention
to continue with such program of appropriation from year to year
-3-
with the understanding that the terms of this ordinance require
rates to be charged for service from the Water System sufficient to
provide for all payments of principal and interest on the bonds
herein authorized. all costs of operation and maintenance for the
Water System and all deposits required to be made into the specific
accounts set forth in Section 12 hereof, except to the extent that
monies are appropriated from other sources such as the City's
contract with Omaha Public Power District sufficient in amount to
keep the City in compliance with the covenants set forth in Section
13 hereof.
Section 3. In addition to the definitions provided in
parenthesis elsewhere in this Ordinance, the following definitions
of terms shall apply, unless the context shall clearly indicate
otherwise:
"Additional Bonds" shall mean any and all bonds hereafter
issued by the City pursuant to the terms of this Ordinance which
are equal in lien to the 1988 Bonds. including such bonds issued
pursuant to Section 14 and refunding bonds issued pursuant to
Section 15, as and when such bonds become equal in lien to the
1988 Bonds according to their terms and the terms of said
Section 15.
"AMBAC indemnity" shall mean AMBAC Indemnity Corporation, "a
Wisconsin - domiciled stock insurance company. r!
"Average Annual Debt Service Requirements" shall mean that
number computed by adding all of the principal and interest due
when computed to the absolute maturity of the bonds for which
such computation is required and dividing by the number of years
remaining that the longest bond of any issue for which such
computation is required has to run to maturity. In making such
computation. the principal of any bonds for which mandator
redemptions are scheduled shall be treated as maturing in
accordance with such schedule of mandatory redemptions.
"Deposit Securities" shall mean direct obligations of or
obligations the principal of and interest on which are
unconditionally guaranteed by the United States of America.
-4-
"Maximum Principal and Interest Payment Obligation" shall
mean the maximum amount of principal and interest payable in any
then current or future fiscal year with respect to the bonds for
which such computation is required. In making such computation,
the principal of any bonds for which mandatory redemptions are
scheduled shall be treated as maturing in accordance with such
schedule of mandatory redemptions.
"Municipal Bond Insurance Policy" shall mean the Municipal
Bond Insurance Policy issued by AMBAC Indemnity and insuring the
payment when due of the principal of and interest on the 1988
Bonds as provided therein.
"Net Revenues" shall mean the gross revenues derived by the
City from the ownership or operation of the Water System
including investment income, but not including any income from
sale or disposition of any property belonging to or forming a
part of the Water System, less the ordinary expenses to the City
of operating and maintaining the Water System payable from the
Operation and Maintenance Account established by Section 12 of
this Ordinance. Operation and maintenance expenses for purposes
of determining "Net Revenues" shall not include depreciation,
amortization or interest on any bonds or other indebtedness.
Net Revenues for all purposes of this Ordinance shall be shown
by an audit for the fiscal year in question as conducted by
independent certified public accountants. Except as otherwise
herein expressly provided there shall be added to the gross
revenues of the Water System any monies appropriated by the
Mayor and Council to the Water System for any fiscal year in
question from sources other than revenues of the Water System as
and to the extent that such appropriated monies are in fact
received and credited to the Blair Water System Fund. as
described in Section 12 of this Ordinance.
"Permitted Investments" shall mean any of the following
obligations but only as and to the extent that such obligations'
are permissible investments for a City of the class to which the
City of Blair belongs as of the time of such investment:
(a) direct obligations of (including obligations
issued or held in book entry form on the books the
Department of the Treasury of the United States of America;
(b) obligations of any of the following federal
agencies which obligations represent full faith and credit
of the United States of America:
- Farmers Home Administration
- General Services Administration
- U.S. Maritime Administration
- Small Business Administration
- Government National Mortgage Association (GNMA)
U.S. Department of Housing & Urban Development (PHA's)
- Federal Housing Administration;
(c) U.S. Dollar denominated deposit accounts fully
insured to the holder (up to the $100,000 maximum coverage)
by the Federal Deposit Insurance Corporation in commercial
banks;
(d) U.S. Dollar denominated deposit accounts, federal
funds and banker's acceptances with commercial banks
(foreign or domestic) which have a rating on their short
term certificates of deposit on the date of purchase of
"A -1" or "A -1 +" by Standard & Poor's and "P -1" by Moody's
and maturing no more than 360 days after the date of
purchase;
(e) pre - refunded municipal obligatons defined as
follows;
any bonds or other obligations of any state of the United
States of America or of any agency. instrumentality or
local governmental unit of any such state (i) which are not
callable at the option of the obligor prior to maturity or
as to which irrevocable notice has been given by the
obligor to call such bonds or obligations on the date
specified in the notice, (ii) which are fully secured as to
principal and interest and redemption premium, if any, by a
fund consisting only of cash or obligations described in
(a) above in this definition which fund may be applied only
to the payment of such principal of and interest and
redemption premium. if any. on such bonds or other
obligations on the maturity date or dates thereof or the
specified redemption date or dates pursuant to such
irrevocable instructions, as appropriate, (iii) which fund
is sufficient, as verified by an independent certified
public accountant, to pay principal of and interest and
redemption premium, if any. on the bonds or other
obligations described in this paragraph (e) on the maturity
date or dates thereof or on the redemption date or dates
specified in the irrevocable instructions referred to in
subclause (i) of this paragraph (e), as appropriate and
(iv) which are rated. based on the escrow, in the highest
rating category of either Standard & Poor's Corporation or
Moody's Investors Service, or any successors thereto;
-6-
(f) money market funds rated in the highest rating
category of any nationally recognized rating agency. which
are monitored quarterly.
(g) the following currently existing certificates of
deposit with Washington County Bank, Blair. Nebraska so
long as such certificates are fully collateralized by
securities described in paragraphs (a) or (b) above having
a fair market value equal -to or greater than the amount
deposited with such collateral to be evidenced by joint
custody receipts issued to the City Treasurer:
C.D. Number 10160 in the principal amount of $109,985
maturing October 17, 1988.
C.D. Number 9698 in the principal amount of $100,000
maturing October 20. 1988.
C.D. Number 10159 in the principal amount of $200,164
maturing July 27, 1988.
C.D. Number 10162 in the principal amount of $200,164
maturing April 19, 1989.
None of the foregoing certificates shall be renewed and
after maturity of each of the specific certificates
described above, such certificates shall no longer be
included in the definition of Permitted Investments.
(h) Investment agreements approved by AMBAC Indemnity.
The value of the above investments shall be determined as
provided in "Value" below.
"Paying Agent and Registrar" shall mean First National Bank
of Omaha, as appointed to act as the combined paying agent and .
registrar for the 1988 Bonds pursuant to Section 5 hereof.
"Value" as of any particular time of determination, means
that the value of any investments shall be calculated as follows:
a) as to investments the bid and asked prices of which are
published on a regular basis in The Wall Street Journal
(or, if not there, then in The New York Times): the
average of the bid and asked prices for such investments so
published on or most recently prior to such time of
determination;
b) as to investments the bid and asked prices of which are not
published on a regular basis in The Wall Street Journal or
The New York Times: the average bid price at such time of
-7-
determination for such investments by any two nationally
recognized government securities dealers (selected by the
Trustee in its absolute discretion) at the time making a
market in such investments or the bid price published by a
nationally recognized pricing service;
c) as to certificates of deposit and bankers acceptances: the
face amount thereof. plus accrued interest; and
d) as to any investment not specified above: the value
thereof established by prior agreement between the Issuer,
the Trustee and AMBAC Indemnity Corporation.
If more than one provision of this definition of "Value" shall
apply at any time to any particular investment, the value
thereof at such time shall be determined in accordance with the
provision establishing the lowest value for such investment.
Section 4. To refund the 1985 Bonds and the 1980 Bond as
described in Section 1 hereof. there shall be and there are hereby
ordered issued negotiable bonds of the City of Blair, Nebraska, to
be known as "Water System Revenue Refunding Bonds, Series 1988" (the
"1988 Bonds") in the aggregate principal amount of Two Million Seven
Hundred Seventy Thousand Dollars ($2,770,000), with said Bonds
bearing interest at the rates per annum and to become due on May 1,
of the year as indicated below:
Amount of Interest
Maturing on Principal Rate to Maturity
May 1. of. Year Maturingr or Earlier Redemption
1989 $ 70,000 5.15%
1990 110,000 5.30
1991 115.000 5.50
1992 120.000 5.70
1993 130,000 5.90
194 135,000 6.10
1995 145,000 6.25
1996 50,000 6.40
1997 55,000 6.55
1998 60,000 6.70
1999 60.000 6.90
2000 65,000 7.10
2001 70,000 7.25
2002 75,000 7.40
2003 80,000 7.50
2008 515,000 7.75
2014 915,000 8.00
-8-
Interest on the 1988 Bonds shall be computed on the basis of a three
hundred sixty day year consisting of twelve thirty -day months. The
1988 Bonds maturing in the years 1989 through 2003 are sometimes
herein referred to as "serial Bonds" and the 1988 Bonds maturing in
2008 and 2014 are sometimes herein referred to as "term Bonds." The
1988 Bonds shall be issued in fully registered form in the
denomination of $5,000 or any integral multiple thereof. The date
of original issue for the 1988 Bonds shall be June 15, 1988.
Interest on the 1988 Bonds, at the respective rates for each
maturity, shall be payable on May 1, 1989, and semiannually
thereafter on November 1 and May 1 of each year (each of said dates
an "Interest Payment Date ") and the 1988 Bonds shall bear such
interest from the date of original issue or the most recent Interest
Payment Date, whichever is later. The interest due on each Interest
Payment Date shall be payable to the registered owners of record as
of the close of business on the fifteenth day of the month
immediately preceding the month in which each Interest Payment Date
occurs (the "Record Date "), subject to the provisions of Section 6
hereof. The 1988 Bonds shall be numbered from 1 upwards in the
order of their issuance. No 1988 Bond shall be issued originally or
upon transfer or partial redemption having more than one principal
maturity. The initial bond numbering and principal amounts for each
of the 1988 Bonds issued shall be designated by the City's Treasurer
as directed by the initial purchaser thereof. Payments of interest
due on the 1988 Bonds shall be made by the Paying Agent and
-9-
Registrar, as designated pursuant to Section 5 hereof, by mailing a
check or draft in the amount due for such interest on each Interest
Payment Date to the registered owner of each 1988 Bond, as of the
Record Date for such Interest Payment Date, to such owner's
registered address as shown on the books of registration as required
to be maintained in Section 5 hereof. Payments of principal due at
maturity or at any date fixed for redemption prior to maturity shall
be made by said Paying Agent and Registrar to the registered owners
upon presentation and surrender of the 1988 Bonds to said Paying
Agent and Registrar. The City and said Paying Agent and Registrar
may treat the registered owner of any 1988 Bond as the absolate
owner of such bond for the purpose of making payments thereon and
for all other purposes and neither the City nor the Paying Agent and
Registrar shall be affected by any, notice or knowledge to the
contrary, whether such bond or any installment of interest due
thereon shall be overdue or not. All payments on account of
interest or principal made to the registered owner of any 1988 Bond
in accordance with the terms of this Ordinance shall be valid and
effectual and shall be a discharge of the City and said Paying Agent
and Registrar, in respect of the liability upon the 1988 Bonds or
claims for interest to the extent of the sum or sums so paid.
Section 5. First National Bank of Omaha is hereby designated
the Paying Agent and Registrar for the 1988 Bonds. Said Paying
Agent and Registrar shall serve in such capacities under the terms
of an agreement entitled "Paying Agent and Registrar's Agreement"
between the City and said Paying Agent and Registrar, the form of
-10-
which is hereby approved. The Mayor and City Clerk are hereby
authorized to execute said agreement in substantially the form
presented but with such changes as they shall deem appropriate or
necessary. The Paying Agent and Registrar shall keep and maintain
for the City books for the registration and transfer of the 1988
Bonds at its principal office. The names and registered addresses
of the registered owner or owners of the 1988 Bonds shall at all
times be recorded in such books. Any 1988 Bond may be transferred
pursuant to its provisions at the principal office of said Paying
Agent and Registrar by surrender of such bond for cancellation, .
accompanied by a written instrument of transfer. in form
satisfactory to said Paying Agent and Registrar, duly executed by
the registered owner in person -or by his duly authorized agent, and
thereupon the Paying Agent and Registrar on behalf of the City will
deliver at its office (or send by registered mail to the transferee
owner or owners thereof at such transferee owner's or owners' risk
and expense), registered in the name of such transferee owner or
owners, a new 1988 Bond or Bonds of the same interest rate,
aggregate principal amount and maturity. To the extent of the
denominations authorized for the 1986 . Bonds by this Ordinance, one
such bond may be transferred for several such bonds of the same
interest rate and maturity. and for a like aggregate principal
amount, and several such bonds may be transferred for one or several
such bonds. respectively, of the same interest rate and maturity and
for a like aggregate principal amount. in every case of transfer of
a 1988 Bond. the surrendered 1988 Bond shall be cancelled and
destroyed. All 1988 Bonds issued upon transfer of the 1988 Bonds so
surrendered shall be valid obligations of the City evidencing the
same obligations as the 1988 Bonds surrendered and shall be entitled
to all the benefits and protection of this Ordinance to the same
extent as the 1988 Bonds upon transfer of which they were
delivered The City and said Paying Agent and Registrar shall not
be required to transfer any 1988 Bond during any period from any
Record Date until its immediately following Interest Payment Date or
to transfer any 1988 Bond called for redemption for a period of 30
days next preceding the date fixed for redemption
Section 6. In the event that payments of interest due on the
r
1988 Bonds on an Interest Payment Date are not timely made, such
interest shall cease to be payable to the registered owners as of
the Record Date for such Interest Payment Date and shall be payable
to the registered owners of the'1988. Bonds as of a special date of
record for payment of such defaulted interest as shall be designated
by the Paying Agent and Registrar whenever monies for the purpose of
paying such defaulted interest become available.
Section 7. If the date for payment of the principal of or
interest on these 1988 Bonds shall be a Saturday. Sunday, legal
holiday or a day on which banking institutions in the city where the
principal corporate trust office of the Paying Agent and Registrar
is located are authorized by law or executive order to close, then
the date for such payment shall be the next succeeding day which is
not a Saturday, Sunday, legal holiday or a day on which such banking
institutions are authorized to close, and payment on such day shall
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have the same force and effect as if made on the nominal date of
payment.
Section 8. 1988 Bonds maturing as term Bonds on May 1. 2008
shall be redeemed prior to their stated maturity on May 1, 2004, and
on each May 1 thereafter, in part, in accordance with the following
schedule of mandatory redemptions:
Year of Redemption Amount, to be Redeemed
2004 $ 90,000
2005 95,000
2006 100,000
2007 110,000
2008 120,000
1988 Bonds maturing as term Bonds on May 1. 2014 shall be redeemed
prior to their stated maturity on May 1. 2009, and on each Ma"y 1
thereafter, in part. in accordance with the following schedule of
mandatory redemptions:
Year sof. Red.emption 'Amount to be Redeemed
2009 $125,000
2010 135,000
2011 145,000
2012 160,000
2013 170,000
2014 180,000
Such mandatory redemptions shall be at the principal amount of each
bond redeemed plus interest accrued thereon to the date fixed for
redemption. 1988 Bonds or portions thereof to be selected for
redemption shall be selected by the Paying Agent and Registrar by
lot, with separate lot numbers being assigned to each $5,000 in
principal amount.
1988 Bonds maturing on or after May 1, 1995 shall be subject
to redemption at the option of the City, in whole or in part, prior
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to maturity at any time on or after May 1. 1994, at par plus accrued
interest on the principal amount redeemed to the date fixed for
redemption. As to such optional redemption, the City may select the
1988 Bonds to be redeemed in its sole discretion.
The 1988 Bonds shall be redeemed only in amounts of $5,000 or
integral multiples thereof. Any 1988 Bonds redeemed in part only
shall be surrendered to said Paying Agent and Registrar in exchange
for a new 1988 Bond evidencing the unredeemed principal thereof.
Notice of redemption of any 1988 Bonds called for redemption shall
be given at the direction of the City by the Paying Agent and
Registrar by mail not less than 30 days prior to the date fi ,(ed for
redemption, first class, postage prepaid, sent to the registered
owner of such 1988 Bond at said owner's registered address. Such
notice shall designate the 1988 Bond or Bonds to be redeemed by
maturity or otherwise, the date of original issue and the date fixed
for redemption and shall state that such bonds are to be presented
for prepayment at the principal office of the Paying Agent and
Registrar. In case of any 1988 Bond partially redeemed, such notice
shall specify the portion of the principal amount of such bond to be
redeemed. No defect in the mailing of notice for any 1988 Bond
shall affect the sufficiency of the proceedings of the City
designating the 1988 Bonds called for redemption or the
effectiveness of such call for 1988 Bonds for which notice by mail
has been properly given and the City shall have the right to further
direct notice of redemption for any such bond for which defective
notice has been given.
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Section 9. The 1988 . Bonds shall be in substantially the
following form:
No. $
Interest Rate Maturity Date
May 1,
Registered Owner:
Principal Amount:
UNITED STATES OF AMERICA
STATE OF NEBRASKA
COUNTY OF WASHINGTON
CITY OF B.LAIR
WATER SYSTEM REVENUE BOND, SERIES 1988
Date of Oriainal. Issue CUSIP No.
-16-
June 15, 1988
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, but only from
the sources herein described, to the registered owner specified
above, or registered assigns, the principal amount specified above
in lawful money of the United States of America on the date of
maturity specified above with interest thereon from the date of
original issue or most recent Interest Payment Date, whichever is
Pater, at the rate per annum specified above, payable on May 1, 1989
and on November 1 and May 1 o each year thereafter (each of said
dates an "Interest Payment Date "). Said interest shall be computed
on the basis of a 360 -day year consisting of twelve 30-day months.
The principal hereof is payable upon presentation and surrender of
this bond at the principal office of the First National Bank of
Omaha, the Paying Agent and Registrar, in Omaha, Nebraska. Interest
on this bond will be paid on each Interest Payment Date by a check
or draft mailed by the Paying Agent and Registrar to the registered
owner of this bond, as shown on the books of record maintained by
the Paying Agent and Registrar, at the close of business on the
fifteenth day of the month immediately preceding the month in which
the Interest Payment Date occurs, to such owner's address as shown
on such books and records. Any interest not so timely paid shall
cease to be payable to the person entitled thereto as of the record
date such interest was payable. and shall be payable to the person
who is the registered owner of this bond (or of one or more
predecessor bonds hereto) on such special record date for payment of
such defaulted interest as shall be fixed by the Paying Agent and
Registrar whenever monies for such purpose become available.
This bond is one of an issue of fully registered bonds of the
total principal amount of Two Million Seven Hundred Seventy Thousand
Dollars ($2.770,000), of even date and like tenor except as to date
of maturity, rate of interest and denomination which were issued by
the City for the purpose of refunding the City's outstanding Water
System Revenue Refunding Bonds. Series 1985. . date of original issue
- June 15. 1985. in the principal amount of $555,000 and the City's
outstanding Junior Lien Water Revenue Bond. Series 1980, dated July
30, 1980, in the principal amount of $3.196.013. 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 18 -1803 to 18 -1805 R.R.S. Neb.
1943.
Any or all of the bonds of said issue maturing on or after
May 1. 1995, are subject to redemption at the option of the City, in
whole or in part, at any time on or after May 1, 1994. at par plus
interest accrued on the principal amount redeemed to the date fixed
for redemption.
Bonds of said issue maturing on May 1. 2008, shall be redeemed
prior to their stated maturity, on May 1, 2004, and on each May 1
thereafter, with such redemptions to occur in the years and for the
principal amounts set forth below:
Year
Year
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Amount to be
Redeemed.
2004 $ 90,000
2005 95,000
2006 100,000
2007 110.000
2008 120,000
Bonds of said issue maturing on May 1; 2014, shall be redeemed prior
to their stated maturity on May 1, 2009, and on each May 1
thereafter. with such redemptions to occur in the years and for the
principal amounts set forth below:
Amount to be
Redeemed
2009 $125.000
2010 135.000
2011 145,000
2012 160.000
2013 170,000
2014 180.000
Such mandatory redemptions shall be at a price equal to 100% of the
principal amount redeemed, together with the interest accrued on the
principal amount redeemed to the date fixed for redemption.
Notice of any such redemption shall be given by mail to the
registered owner of any bond to be redeemed at said registered
owner's address in the manner specified in the Ordinance authorizing
said issue of bonds. Individual bonds may be redeemed in part but
only in $5,000 amounts or integral multiples thereof.
This bond is transferable by the registered owner or his
attorney duly authorized in writing at the principal office of the
Paying and Registrar upon surrender and cancellation of this
bond, and thereupon a new bond or bonds of the same aggregate
principal amount, interest rate and maturity will be issued to the
transferee as provided in the Ordinance authorizing said issue of
bonds, subject to the limitations therein prescribed. The City, the
Paying Agent and Registrar and any other person may treat the person
in whose name this bond is registered as the absolute owner owner hereof
for the purpose of receiving payment due hereunder and for all
purposes and shall not be affected by any notice to the contrary,
whether this bond be overdue or not.
If the date for payment of the principal of or interest on this
bond shall be a Saturday. Sunday. legal holiday or a day on which
banking institutions in the city where the corporate trust office of
the Paying Agent and Registrar is located are authorized by law or
executive order to close. then the date for such payment shall be
the next succeeding day which is not a Saturday, Sunday, legal
holiday or a day on which such banking institutions are authorized
to close, and payment on such day shall have the same force and
effect as if made on the nominal date of payment.
The revenue and earnings of the waterworks plant and water
system of the City of Blair. as now owned or hereafter acquired,
(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 obligations
of the City with respect to the Water System and the application 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 make payments of principal and interest on
the bonds of this issue. to pay costs of operation and maintenance,
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 are payable from moneys in the "Surplus Account"
of the Blair Water System Fund as described in said ordinance. Said
ordinance also designates the terms and conditions upon which this
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bond shall cease to be entitled to any lien, benefit or security
under such ordinance and all covenants. agreements and obligations
of the City under such ordinance may be discharged and satisfied at
or prior to the maturity or redemption of this bond if moneys or
certain specified securities shall have been deposited with a
designated trustee.
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 exist, did happen and were done and
performed in regular and due form and time as required by law.
This bond shall not be valid and binding on the City until
authenticated by the Paying Agent and Registrar.
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 signatures of the Mayor and the City Clerk and by
causing the official seal of the City to be imprinted hereon. all as
of the date of original issue specified above.
ATTEST:
l )Y�,ytry : 1 ze
City Clerk
(SEAL)
By:
CITY OF BLAIR, NEBRASKA
Mayor
Certificate of Authentication
This bond is one of the bonds authorized by Ordinance of the
Mayor and Council of the City of Blair, in the County of Washington.
in the State of Nebraska, described in the foregoing bond.
First National Bank of Omaha
Paying Agent and Registrar
Authorized Signature
(Form of Assignment
For value received
hereby sells, assigns acid transfers unto
(Social Security or Taxpayer I.I. No. }
the within bond, and hereby irrevocably constitutes and appoints
attorney. to transfer the
same on the books of registration in the office of the within
mentioned Paying Agent and Registrar with full power of substitution
in the premises.
Signature Guaranteed
By
Authorized Officer
Dated:.
Registered Owner
r
Note: The signature(s) on this assignment MUST
CORRESPOND with the name as written on the face of the within bond
in every particular, without alteration, enlargement or any change
whatsoever. and must be guaranteed by a commercial bank br a trust
company or by a firm having membership on the New York. Midwest or
other stock exchange.
Section 10. Each of the 1988 Bonds shall be executed on
behalf of the City with the facsimile signatures of the Mayor and
the City Clerk and shall have imprinted thereon the City's seal. A
supply of such bonds for issuance upon subsequent transfers or in
the event of partial redemption shall also be so executed and
delivered to the Paying Agent and Registrar. In the event that such
supply of 1988 Bonds shall be insufficient to meet the requirements
of the Paying Agent and Registrar for issuance of replacement 1988
Bonds upon transfer or partial redemption, the City agrees to order
printed an additional supply of 1988 Bonds and to direct their
execution by manual or facsimile signatures of its then. duly,.
qualified and acting Mayor and City Clerk and by imprinting thereon
or affixing thereto the City's seal. In case any officer whose
signature or facsimile thereof shall appear on any 1988 Bond shall
cease to be such officer before the delivery of such bond (including
such bonds delivered to the Paying Agent and Registrar for issuance
upon transfer or partial redemption), such signature or such
facsimile signature shall nevertheless be valid and sufficient for
all purposes the same as if such officer or officers had remained in
office until the delivery of such bond. The 1988 Bonds shall not be
valid and binding on the City until authenticated by the Paying
Agent and Registrar. The City Treasurer shall cause the 1988 Bonds
to be registered in the office of the Auditor of Public Accounts of
the State of Nebraska and in the office of the City Treasurer as
finance officer of the City. Thereafter the 1988 Bonds shall be
delivered to the Paying Agent and Registrar for registration and
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authentication. Upon execution, registration, and authentication of
the 1988 Bonds. they shall be delivered to the City Treasurer. who
is authorized to deliver them to Shearson Lehman Hutton Inc.. Chiles
Heider Division, as initial purchaser thereof, upon receipt of
97.95% of the principal amount of the 1988 Bonds plus accrued
interest thereon to date of payment for the 1988 Bonds. Said
initial purchaser shall have the right to direct the registration of
the 1988 Bonds and the denominations thereof within each maturity,
subject to the restrictions of this Ordinance.
Section 11. The proceeds of the 1988 Bonds shall be applied
to the payment of the 1985 Bonds as called for redemption on'
June 15, 1988, and of the 1980 Bond as called for redemption on June
15, 1988, including reimbursement of the City for advances made
against the redemption of the 1980 Bond. Accrued interest received
upon sale, if any, shall be credited to the Bond Payment Account as
described in Section 12 hereof.
Section 12. The revenue and earnings of the Water System, as
now existing or hereafter acquired, are hereby pledged and
hypothecated for the payment of the 1988 Bonds and any additional
bonds of equal priority issued as authorized by this ordinance and
interest on such 1988 Bonds and any such additional bonds. For such
purpose there shall be included in the gross revenues of the Water
System any monies appropriated from year to year by the Mayor and
Council to the Water System for purposes of reducing user rates or
other purposes. from whatever source derived. The City does hereby
agree with the holders of said 1988 Bonds and additional bonds as
follows:
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(a) BLAIR WATER SYSTEM. FUND - The entire gross
revenues and income derived from the operation
of the Water System, including appropriations
from other sources, shall be set aside as
collected and deposited in a separate fund
which is hereby ordered established and shall
be designated as the "Blair Water System
Fund ". For purposes of allocating the monies
in the Blair Water System Fund, the City shall
maintain the following accounts: (1) Bond
Payment Account; (2) Operation and Maintenance
Account; (3) Debt Service Reserve Account; (4)
Renewal and Replacement Account, and (5)
Surplus Account.
(b) 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, starting with the month
of June, 1988, the following amounts:
(1) For the period from June 1, 1988 through
April 30. 1989:
(A) an amount equal to 1 /11th of the
next maturing interest payment on
the 1988 Bonds;
(B) an amount equal to 1 /11th of the
next maturing principal payment on
the 1988 Bonds.
(2) For the period from May 1, 1989 on, so
long as the 1988 Bonds remain
outstanding an amount equal to 1 /5th of
the next maturing semiannual interest
payment on the 1988 Bonds;
(3) For the period from May 1, 1989 through
April 304 2003, an amount equal to
1 /12th of the next maturing principal
Payment on the 1988 Bonds due as serial
Bonds.
(4) For the period from May 1, 2003 until
the 1988 Bonds have been paid in full,
an amount equal to 1 /12th of the amount
of principal of 1988 Bonds scheduled for
mandatory redemption as term.Bonds on
the next date set for mandatory
redemption in Section 8 hereof.
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The City Treasurer is hereby authorized and
directed. without further authorization, 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 sufficient to pay, when
due, the principal of. and interest on the 1988
Bonds or any Additional Bonds and to transfer
such amount to the Paying Agent and Registrar
(or other paying agent for Additional Bonds)
on or before each principal and interest
payment date. Upon the issuance Of any
Additional Bonds pursuant to this ordinance
appropriate additional credits to the Bond
Payment Account . shall be provided for
sufficient to pay principal and interest on
said Additional Bonds.
(c) OPERATION AND MAINTENANCE ACCOUNT - After any
credits required to be made by the foregoing
subparagraph (b) have been made in full. out
of the Blair Water 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 maintaining the
Water System, and the City may withdraw funds
credited to the Operation and Maintenance
Account as necessary from time to time to pay
such expenses.
(d) DEBT SERVICE RESERVE ACCOUNT - Upon the
issuance of the 1988 Bonds. the City shall
deposit an amount equal to the Maximum
Principal and Interest Payment Obligation on
the 1988 Bonds from funds on hand, which
amount shall represent the required balance to
be maintained from time to time with the
amount required to be maintained being reduced
from time to time if and when the Maximum
Principal and Interest Payment Obligation for
the 1988 Bonds decreases. Monies credited to
the Debt Service Reserve Account may be
withdrawn, as needed to provide funds to pay,
when due, the principal and interest on the
1988 Bonds and any Additional Bonds issued
pursuant to this Ordinance. if the Bond
Payment Account contains insufficient funds
-24-
for that purpose. and the City Treasurer is
hereby authorized and directed to make such
withdrawal if and when needed. In the event
of withdrawal from the Debt Service Reserve
Account, there shall be credited to the Debt
Service Reserve Account in the month or months
following such withdrawal all monies in the
Blair Water System Fund remaining after making
the payments required to be made to the Bond
Payment Account and the Operation and
Maintenance Account. Upon the issuance of any
Additional Bonds pursuant 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. Requirements on
the 1988 Bonds. any Additional Bonds then
outstanding and the proposed Additional Bonds
and the amount of the monthly credit required
for 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.
(e) Renewal and Replacement Account - Upon the
issuance of the. 1988 Bonds, the City shall
deposit the amount of $50,000 to the Renewal
and Replacement Account from funds on hand and
shall thereafter each month'credit to such
account the sum of $1.700 until such account
has reached a balance oi $100,000, which
amount shall represent the required balance to
be maintained thereafter. Monies credited to
the Renewal and Replacement Account shall be
applied from time to time, at the direction of
the Mayor and Council., to make improvements to
or renewals., replacements and repairs for the
Water System. Whenever monies are expended
from the Renewal and Replacement Account for
such purposes and the amount credited thereto
is reduced below the then required balance,
monthly credits in the amount of $1,700 to
said account shall again commence and continue
to be made until said account has been
restored to the required balance. Said
monthly credits shall be made from monies in
the Blair Water System Fund after the credits
required in the foregoing paragraphs 11(b),
11(c) and 11(d) have been made for each
month. Any ordinance authorizing the issuance
of Additional Bonds may provide for an
-25-
increase in the required balance for payments
to be made to said account. The City may from
available funds in the Surplus Account make
credits in advance to satisfy the monthly
credits described above in this subsection
12(e).
(f) SURPLUS ACCOUNT - Monies from the Blair Water
System Fund remaining after the credits
required in the foregoing paragraphs (b), (c),
(d). and (e) 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 1988
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 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 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 commingled with other City or Water
System funds. If invested, monies credited to the Debt Service
Reserve Account may be commingled 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.
-26-
Monies in any of the Accounts except the Debt Service Reserve
Account and Bond Payment Account may be invested in securities
eligible for investment of other City funds. Monies in the Bond
Paymerit.Account and Debt Service Reserve Account may be invested in
Permitted Investments. 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 eight years. Investments made from or attributable to
the Bond Payment Account shall mature or be redeemable at the option
of the holder by no later than the time monies are required for
payments due from such account. Income from or profit realijed from
investment for any Account shall be credited to such Account until
such Account contains the amount then 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 13. So long as any of the 1988 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 1988 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,
enlargements, extensions and improvements to the
Water System.
-27-
(c) To provide funds sufficient to make the credits into
the Accounts and at the times and in the amounts
required by Section 12 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 1.20% of the Average Annual Debt Service
Requirements on the 1988 Bonds and any Additional
Bonds issued pursuant to this Ordinance.
Section 14. 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 parity
with the 1988 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 interest on the 1988 Bonds and such
additional bonds and for such monthly credits to the
Debt Service Reserve Account as are required under
subsection 12(d).
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■
(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 1.25 times the Average
Annual Debt Service Requirements of the 1988
Bonds and any Additional Bonds, both as then
outstanding, and of the proposed Additional
Bonds: or
(2) The City shall have received an adjusted
pro - forma statement of Net Revenues prepared by
a consulting engineer or firm of consulting
engineers, recognized as having experience and
expertise in municipal utility systems, or by a
certified public accountant or firm of
certified public accountants, showing adjusted
Net Revenues of the Water System at least 1.25
times the Average Annual Debt Service
Requirements of the 1988 Bonds and any
Additional Bonds, both as then outstanding. and
of the proposed Additional Bonds. In preparing
such statement of pro- forma adjusted Net
Revenues. the consulting engineer shall use as
a basis the Net Revenues of the Water System
during the last fiscal year for which an
independent audit has been prepared and shall
adjust such Net Revenues to reflect changes in
rates which have gone into effect since the
beginning of the fiscal year for which the
audit was made.
For purposes of any such determination under (b)(1) or (b)(2)
above, there shall be excluded from the gross revenues of the
Water System. as described in the definition of "Net
Revenues" provided for in Section 3 hereof, any monies
appropriated by the Mayor and Council to the Water System
from sources other than the revenues of the Water System for
the fiscal year in question. If the City shall find it
desirable it shall also have the, right when issuing
Additional Bonds to combine with its4Water System any other
utilities of the City authorized to be combined under
Sections 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 1988 Bonds and any Additional
Bonds previously issued, both as then outstanding, and the
proposed issue of Additional Bonds shall be payable from the
revenues of such combined utilities and shall stand on a
parity and in equality as to security and payment, provided,
-29-
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 12. the conditions of subsection 12(a)
shall 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
12(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. 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 14(b) above.
Section 15. The City may issue refunding bonds, which
shall qualify as Additional Bonds under this Section 15, to
refund any 1988 Bonds or Additional Bonds without compliance
with the provisions of subsection 14(b) above, provided that,
if any such 1988 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.
-30-
The City, may also issue refunding bonds which shall
qualify as Additional Bonds of equal lien to refund any 1988 .
Bonds or Additional Bonds then outstanding, provided, that,
if any 1988 Bonds or Additional Bonds then outstanding are to
remain outstanding after the application of the proceeds of
the refunding bonds to the payment of the bonds which are to
be refunded, such issuance must comply with the Net Revenues
test set forth in Subsection 14(b)(1) of this Ordinance and,
if the proceeds of such refunding bonds are not to be applied
immediately to the satisfaction of the bonds which are to be
refunded, then such refunding bonds must provide by their
terms that they shall be junior in lien to all 1988 Bonds and
any Additional Bonds outstanding at the time of issuance of
such refunding bonds until the time of application of their
proceeds to the satisfaction of the bonds which are to be
refunded. In computing Average Annual Debt Service
Requirements to show compliance with said Net Revenues test
for such refunding bonds, all payments of principal and
interest due on such refunding bonds from time of their
issuance to the time of application of the proceeds of such
refunding bonds to the satisfaction of the bonds which are to
be refunded shall be excluded from such computation to the
extent that such principal and interest are payable from
sources other than the revenues of the Water System, such as
bond proceeds or investment earnings on bond proceeds. or
from monies in the Surplus Account and all payments of
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principal and interest due on the bonds which are to be
refunded from and after the time of such application shall
also be excluded. For purposes of this paragraph of this
Section 15, the time of application of the proceeds of the
refunding bonds to the satisfaction of the bonds which are to
be refunded shall be the time of deposit with the paying
agent for such bonds which are to be refunded pursuant to
Section 10 -126, R.R.S. Neb. 1943, (or any successor statutory
provision thereof) or the time when such bonds which are to
be refunded under the terms of their authorizing ordinance or
ordinances are no longer deemed to be outstanding, whichever,
occurs sooner.
Section 16. The City hereby covenants and agrees that so
long as any of the 1988 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, including Sections 14
and 15, provided, however, the City reserves the right to
issue bonds or notes which are junior in lien to the 1988
Bonds 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
12(f). The term "Additional Bonds" as used in this ordinance
refers only to such bonds as are payable from the revenues of
the Water System on a parity with the 1988 Bonds and are
issued in accordance with the terms of said Sections 14 and
15.
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Section 17. So long as any 1988 Bonds or Additional
Bonds are outstanding, the City hereby covenants and agrees
as follows:
(a) The City will maintain the Water System in good
condition and will continuously operate the same in
a reasonable and efficient 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 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 Section 13 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 competition 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 r espect 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 necessary 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. Tn 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.
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restoration or replacement from the Operation 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 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 1988 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 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 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 ope rating 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 12 hereof
and is also in compliance with the covenants of
Section 13 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 12 and 13 hereof, 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.
Section 18. 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 1988
Bonds or any additional bonds issued pursuant to this Ordinance and
any such bonds shall no longer be deemed outstanding 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
or caused to be
shall have
Registrar,
been
of maturity or redemption (a) shall have been made
made in accordance with the terms thereof; or (b)
provided for by depositing with the Paying Agent and
or with a national or state bank having trust powers or
trust company, in trust solely for such payment (1) sufficient money
to make such payment deposited in a bank account or bank accounts
which are fully insured by insurance of the Federal Deposit
Insurance Corporation and /or (2) Deposit Securities in such amount
and beAr -- 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 by law or made irrevocable provision for the
giving of such notice. Any such money so deposited with a bank or
trust company or the Paying Agent and Registrar may be invested and
reinvested in Deposit Securities at the direction of the City, and
all interest and income from such Deposit Securities in the hands of
such bank or Paying Agent and Registrar 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.
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For purposes of this Section 18, any Deposit Securities shall be
noncallable or callable only at the option of the holder. In the
event that the principal and or interest due on the 1988 Bonds shall
be paid by AMBAC Indemnity pursuant to the Municipal Bond Insurance
Policy, the 1988 Bonds shall remain outstanding for all purposes,
not be defeased or otherwise satisfied and not be considered paid by
the City, and the assignment and pledge herein contained and all
covenants, agreements and other obligations of the City to the
registered owners of the 1988 Bonds shall continue to exist and
shall run to the benefit of AMBAC Indemnity and AMBAC Indemnity
shall be subrogated to the rights of such registered owners.
Section 19. The terms and provisions of this ordinance do and
shall constitute a contract between the City of Blair and the
registered owners of the 1988 Bonds 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 AMBAC Indemnity and of the
registered owners of two- thirds (2 /3rds) in principal amount of the
1988 Bonds then outstanding, provided. however, that neither the
principal and interest to be paid upon any bond or the maturity date
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of any bond shall be changed without the written consent of all
registered owners of the 1988 Bonds then outstanding affected
thereby. The registered owner of any 1988 Bond or Bonds may, either
in law or in equity, by suit, action. mandamus or other proceedings,
enforce or compel performance of any and all of the acts and duties
required by this Ordinance, and any court of competent jurisdiction
may, after default in payment of principal or interest or
performance of any other obligations under this Ordinance, 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 interest on bonds issued
pursuant to this Ordinance in accordance with the provisions hereof.
Anything in this Ordinance to the contrary notwithstanding, upon
the occurrence and continuance of any default in payment or in
compliance with any of the provisions of this Ordinance, AMBAC
Indemnity shall be entitled to control and direct the enforcement of
all rights and remedies granted to the holders of the 1988 Bonds and
AMBAC Indemnity shall also be entitled to approve all waivers of any
such defaults. Any provision of this Ordinance expressly
recognizing or granting rights in or to AMBAC Indemnity may not be
amended in any manner which affects the rights of AMBAC Indemnity
hereunder without the prior written consent of AMBAC Indemnity.
Section 20. 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 1988 Bonds as contemplated by this ordinance. The
Preliminary Official Statement is hereby approved and the Mayor and
City Clerk are hereby authorized to approve on behalf of the City a
final Official Statement with any changes deemed appropriate by them.
Section 21. The City hereby covenants to the purchasers and
holders of the 1988 Bonds hereby authorized that it will make no use
of the proceeds of said bond issue, including monies held in any
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sinking fund for the 1988 Bonds. which would cause the 1988 Bonds to
be arbitrage bonds within the meaning of Sections 103(b) and 148 of
the Internal Revenue Code of 1986, as amended (the "Code "), and
further covenants to comply with said Sections 103(b) and 148 and
all applicable regulations thereunder throughout the term of said
bond issue. The City hereby covenants and agrees to take all
actions necessary under the Code to maintain the tax exempt status
(as to taxpayers generally) of interest payable on the 1988 Bonds.
The City hereby designates the 1988 Bonds as its "qualified
tax - exempt obligations" pursuant to Section 265(b)(3)(B)(ii) of the
Code, and covenants and warrants that it does not reasonably expect
to issue bonds or other obligations aggregating in principal amount
more than $10,000,000 during calendar 1988.
Section 22. 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 23. The City has provided for insurance of the payments
of principal and interest on the 1988 Bonds by obtaining the
Municipal Bond Insurance Policy from AMBAC Indemnity. The premium
due upon the issuance of the Municipal Bond Insurance Policy shall
be paid from the proceeds of the 1988 Bonds and such payment is
hereby recognized as part of the terms of the purchase provided for
in Section 10 hereof. The Paying Agent and Registrar is authorized
to take any and all actions deemed appropriate by it to collect any
proceeds of the Municipal Bond Insurance Policy and remit such
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proceeds to the registered owners of the 1988 Bonds. Any monies
received by the Paying Agent and Registrar from proceeds of the
Municipal Bond Insurance Policy shall be treated as funds held
separately in trust for each of the registered owners of the 1988
Bonds for whom the Paying Agent and Registrar has received such
monies. The City's officers are hereby authorized to take any and
all steps deemed by them necessary or appropriate in connection with
the obtaining of insurance for the 1988 Bonds pursuant to the
Municipal Bond Insurance Policy.
While the Municipal Bond Insurance Policy is in effect, the City
shall furnish to AMBAC Indemnity:
(a) as soon as practicable after the filing thereof, a copy
of any financial statement of the City and a copy of any audit
and annual report of the City;
(b) a copy of any notice to be given to the registered
owners of the 1988 Bonds; and
(c) such additional information as AMBAC Indemnity may
reasonably request.
The City will permit AMBAC Indemnity to discuss the affairs,
finances and accounts of the City or any information AMBAC Indemnity
may reasonably request regarding the security for the 1988 Bonds
with appropriate officers of the City. The City will permit AMBAC
Indemnity to have access to and to make copies of all books and
records relating to the 1988 Bonds at any reasonable time. 1
AMBAC Indemnity shall have the right to direct an accounting at
the City's expense, and the City's failure to comply with such
direction within thirty (30) days after receipt of written notice of
the direction from AMBAC Indemnity shall be deemed a default
-39-
hereunder; provided, however, that if compliance cannot occur within
such period, then such period will be extended so long as compliance
is begun within such period and diligently pursued, but only if such
extension would not materially adversely affect the interests of any
registered owners of the 1988 Bonds.
For the sole benefit of AMBAC Indemnity and as an inducement for
the issuance of the Municipal Bond Insurance Policy. the City hereby
covenants and agrees, to the fullest extent that it may now or
hereafter be permitted by law to do so. as follows:
1. The City represents and warrants that it is the lawful
owner and obligee under an agreement entitled "Agreement
Between the Omaha Public Power District and the City of
Blair ". dated January 12, 1984 relating to the sale of the
City's electric system (the "OPPD Agreement ") and that
under the OPPD Agreement the sum of $481,814.93 is due
annually in each year through the year 2014.
2. Unless and until the City for two consecutive fiscal years
shall have met its obligation under Section 13(d) without
adding to the gross revenues of the Water System any monies
appropriated by the Mayor and Council from sources other
than the revenues of the Water System, the City shall not,
without the written consent of AMBAC Indemnity, sell,
assign, encumber or otherwise dispose of the OPPD Agreement
or accept prepayment thereof, provided that the City shall
have the right to accept prepayments under the OPPD
Agreement. in whole or in part, as and to the extent that -
all prepayments are applied to the satisfaction of the 1988
Bonds in accordance with Section 18 of this Ordinance.
3. In setting its annual budget in each year and not later
than September 1 of each year, the City shall include in
its budget an appropriation on a first and prior basis from
monies due under the OPPD Agreement in an amount equal to
the payments of principal and interest due during the
twelve month period falling after May 1 of the next
succeeding calendar year and shall make an advance deposit
of such appropriated monies to the Bond Payment Account not
later than the May 1 of such next succeeding year, provided
that in the event that the Mayor and Council determine not
to make such appropriation in any year or if deposit of
monies is not made on or before May 1 in any year (as
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herein required), the City agrees that within thirty days
thereafter it shall adopt an ordinance taking effect not
later than thirty days from passage and approval. providing
for rates and charges for water service based upon the
usage experienced for the most recently completed fiscal sufficient. based upon such usage and the expenses of
operation and maintenance for such fiscal year, to have
produced Net Revenues in such fiscal year (without adding
to the gross revenues of the Water System any monies
appropriated by the Mayor and Council from sources other
than the revenues of the Water System). on a pro -forma
basis, at least equal to 1.20 times the Average Annual Debt
Service Requirements on the 1988 Bond and any Additional
Bonds. both as then outstanding, provided that such
obligation to impose rates may be reduced or altered with
the consent in writing of AMBAC Indemnity.
Section 24. If the date for payment of the principal of or
interest on the 1988 Bonds shall be a Saturday, Sunday. legal
holiday or a day on which banking institutions in the city where the
corporate trust office of the Paying Agent and Registrar is located
are authorized by law or executive order to close, then the date for
such payment shall be the next succeeding day which is not a
Saturday, Sunday, legal holiday or a day on which such banking
institutions are authorized to close, and payment on such day shall
have the same force and effect as if made on the nominal date of
payment.
Section 25. This Ordinance shall be published in pamphlet form
and shall be in force and take effect from and after its passage and
approval according to law.
PASSED AND APPROVED this 4/7 day of¢r.J , 1988.
ATTEST:
City Clerk
(SEAL)
ORDINANCE NO. 1478
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA. AUTHORIZING THE
ISSUANCE OF REFUNDING BONDS OF THE CITY OF BLAIR, IN THE
PRINCIPAL AMOUNT OF THREE HUNDRED TEN THOUSAND DOLLARS
($310.000) FOR THE PURPOSES OF .REFUNDING $125,000 OF OUTSTANDING
VARIOUS PURPOSE BONDS DATED JUNE 15, 1983 AND $175.000 OF
OUTSTANDING VARIOUS PURPOSE BONDS. DATE OF ORIGINAL ISSUE -
JUNE 15, 1985; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR
THE LEVY OF TAXES TO PAY THE SAME; AND PROVIDING FOR PUBLICATION
OF THE ORDINANCE IN PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
Section 1. The Mayor and Council hereby find and determine that
there have been heretofore issued and are now outstanding and unpaid
valid and interest bearing bonds of the City of Blair, Nebraska, as
follows:
Various Purpose Bonds dated June 15. 1983, in the principal
amount of One Hundred Twenty -five Thousand Dollars
($125.000). numbered 15 to 39, inclusive, in denomination
of $5,000, becoming due and bearing interest as follows:
Bond Nos. Amount Maturity Interest Rate
15 -18 $ 20,000. June 15, 1989 7.75%
19 -23 25,0 - 00 June 15, 1990 8.00
24-28 25.000 June 15,- 1991 8.20
29 -33 25,000 June 15, 1992 8.40
34 -39 30,000 June 15. 1993 8.60
Said bonds are subject to redemption at any time on or after
June 15, 1988, and said interest is payable semiannually.
Said bonds were authorized and ordered issued by Ordinance No.
1341 which was passed and approved on the 24th day of May.
1983, and were issued for the purpose of paying the costs of .
improving streets and alleys, intersections and areas formed
by the crossing of streets, avenues or alleys and streets
adjacent to real estate owned by the City in Street
Improvement Districts Nos. 140. 142 and 144. and paying the
costs of water and sewer improvements in Water Extension
District No. 22 and Sanitary Sewer Extension District No. 45.
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Various Purpose Bonds. date of original issue - June 15, 1985.
in the principal amount of One Hundred Seventy -five Thousand
Dollars ($175,000). numbered as shown on the records of the
paying agent and registrar. in denomination of $5,000 or
integral multiples thereof. with said bonds bearing interest
and becoming due and payable as follows:
Amount of Interest
Maturing on Principal Rate to Maturity
May 1 of Year. Maturing or Earlier Redemption
1989 35,000 7.25%
1990 35.000 7.50
1991 45.000 7.75
1992 15,000 8.00
1993 15.000 8.20
1994 15,000 8.40
1995 15.000 8.60
Said bonds are subject to redemption at any time on or
after June 15, 1988, and said interest is payable
semiannually. Said bonds were authorized and ordered
issued by Ordinance No. 1407 which was passed and approved
on the 14th day of May, 1985, and were issued for the
purpose of paying the costs of improvements in Storm Sewer
District No. 2. and to provide for the refunding of the
City's outstanding Various Purpose Bonds dated May 1. 1980,
Bonds Nos. 17 to 45. inclusive, in the principal amount of
$145.000.
All of the above said Bonds are herein referred to as the
"Outstanding Bonds ".
The Outstanding Bonds are valid, interest bearing obligations of the
City of Blair. Nebraska, and have been called for redemption on June
15, 1988; that since the Outstanding Bonds were issued, the rate of
interest has so declined in the markets that by taking up and paying
off said bonds on said call date. a substantial savings in the
amount of yearly running interest will be made to the City; that for
the purpose of making said redemption on June 15, 1988, it is for
the best interest of the City to issue refunding bonds of the City
in the principal amount of $310,000; that all conditions, acts, and
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things required to exist or to be done precedent to the issuance of
refunding bonds of the City of Blair, Nebraska, in the principal
amount of Three Hundred Ten Thousand Dollars ($310,000), pursuant to
Section 10 -142 R.R.S. Neb. 1943, do exist and have been done as
required by law.
Section 2. To provide for the refunding of bonds as
described in Section 1 hereof, there shall be and there are hereby
ordered issued Refunding Bonds of the City of Blair, Nebraska, in
the principal amount of Three Hundred Ten Thousand Dollars
($310.000) (the 'Refunding Bonds "). with said bonds bearing interest
at the rates per annum and to become due on May 1 of the years as
indicated below:
Maturing
May 1 Interest Rate
Principal Amount
of Year Per Annum
1959 5.25%
$55,000 1990 5.50
65.000 1991 5.60
70.000
45,000 1992 80
5 5 5.80
00
45,000 1993 6.00
15,000 1994 6.20
15.000 1995
The Refunding ndin Bonds shall be issued in fully registered form in the
denomination of $5,000 or any integral multiple thereof. The date
of original issue for the Refunding Bonds shall be June 15. 1988.
Interest on the Refunding Bonds, at the respective rates for each
maturity, shall be payable on May 1, 1989, and semiannually
thereafter on November 1 and May 1 of each year (each of said dates
an "Interest Payment Date ") and the Refunding Bonds shall bear such
interest from the date of original issue or the most recent Interest
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Payment Date, whichever is later. The interest due on each Interest
Payment Date shall be payable to the registered owners of record as
of the close of business on the fifteenth day of the month
immediately preceding the month in which each Interest Payment Date
occurs (the "Record Date "). subject to the provisions of Section 4
hereof. The Refunding Bonds shall be numbered from 1 upwards in the
order of their issuance. No Refunding Bond shall be issued
originally or upon transfer having more than one principal
maturity. The initial bond numbering and principal amounts for each
of the Refunding Bonds issued shall be designated by the City's
Treasurer as directed by the initial purchaser thereof. Payments of
interest due on the Refunding Bonds shall be made by the Paying
Agent and Registrar, as designated pursuant to Section 3 hereof, by
mailing a check or draft in the amount due for such interest on each
Interest Payment Date to the registered owner of each Refunding
Bond, as of the Record Date for such Interest Payment Date, to such
owner's registered address as shown on the books of registration as
required to be maintained in Section 3 hereof. Payments of
principal due at maturity or at any date fixed for redemption prior
to maturity shall be made by said Paying Agent and Registrar to the
registered owners upon presentation and surrender of the Refunding
Bonds to said Paying Agent and Registrar. The City and said Paying
Agent and Registrar may treat the registered owner of any Refunding
Bond as the absolute owner of such Refunding Bond for the purpose of
making payments thereon and for all other purposes and neither the
City nor the Paying Agent and Registrar shall be affected by any
-4-
notice or knowledge to the contrary, whether such Refunding Bond or
any installment of interest due thereon shall be overdue or not.
All payments on account of interest or principal made to the
registered owner of any Refunding Bond in accordance with the terms
of this Ordinance shall be valid and effectual and shall be a
discharge of the City and said Paying Agent and Registrar, in
respect of the liability upon the Refunding Bonds or claims for
interest to the extent of the sum or sums so paid.
Section 3. First National Bank of is hereby designated
the Paying Agent and Registrar for the Refunding Bonds. Said Paying
Agent and Registrar shall serve in such capacities under the terms
of an agreement entitled "Paying Agent and Registrar's Agreement"
between the City and said Paying Agent and Registrar, the form of
which is hereby approved. The Mayor and City Clerk are hereby
authorized to execute said agreement in substantially the form
presented but with such changes as they shall deem appropriate or
necessary. The Paying Agent and Registrar shall keep and maintain
for the City books for the registration and transfer of the
Refunding Bonds at its principal office. The names and registered
addresses of the registered owner or owners of the Refunding Bonds
shall at all times be recorded in such books. Any Refunding Bond
may be transferred pursuant to its provisions at the principal
office of said Paying Agent and Registrar by surrender of such
Refunding Bond for cancellation, accompanied by a written instrument
of transfer, in form satisfactory to said Paying Agent and
-5-
Registrar. duly executed by the registered owner in person or by his
duly authorized agent, and thereupon the Paying Agent and Registrar
on behalf of the City will deliver at its office (or send by
registered mail to the transferee owner or owners thereof at such
transferee owner's or owners' risk - and expense), registered in the
name of such transferee owner or owners. a new Refunding Bond or
Refunding Bonds of the same interest rate, aggregate principal
amount and maturity. To the extent of the denominations authorized
for the Refunding Bonds by this Ordinance. one Refunding Bond may be
transferred for several such Refunding Bonds of the same interest
rate and maturity, and for a like aggregate principal amount, and
several such Refunding Bonds may be transferred for one or several
such Refunding Bonds. respectively. of the same interest rate and
maturity and for a like aggregate principal amount. In every case
of transfer of a Refunding Bond, the surrendered Refunding Bond
shall be cancelled and destroyed. All Refunding Bonds issued upon
transfer of the Refunding Bonds so surrendered shall be valid
obligations of the City evidencing the same obligation as the
Refunding Bonds surrendered and shall be entitled to all the
benefits and protection of this Ordinance to the same extent as the
Refunding Bonds upon transfer of which they were delivered. The
City and said Paying Agent and Registrar shall not be required to
transfer any Refunding Bond during any period from any Record Date
until its immediately following Interest Payment Date or to transfer
any Refunding Bond called for redemption for a period of 30 days
next preceding the date fixed for redemption.
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Section 4. In the event that payments of interest due on the
Refunding Bonds on an Interest Payment Date are not timely made,
such interest shall cease to be payable to the registered owners as
of the Record Date for such Interest Payment Date and shall be
payable to the registered owners of the Refunding Bonds as of a
special date of record for payment of such defaulted interest as
shall be designated by the Paying Agent and Registrar whenever
monies for the purpose of paying such defaulted interest become
available.
Section 5. If the date for payment of the principal of or
interest on the Refunding Bonds shall be a Saturday, Sunday. legal
holiday or a'day on which banking institutions in the city where the
corporate trust office of the Paying Agent and Registrar is located
are authorized by law or executive order to close, then the date for
such payment shall be the next succeeding day which is not a
Saturday, Sunday, legal holiday or a day on which such banking
institutions are authorized to close, and payment on such day shall
have the same force and effect as if made on the nominal date of
payment.
Section 6. Refunding Bonds maturing on or after May 1, 1994
shall be subject to redemption, in whole or in part. prior to
maturity at any time on or after May 1, 1993. at par plus accrued
interest on the principal amount redeemed to the date fixed for
redemption. The City may select the Refunding Bonds to be redeemed
in its sole discretion but the Refunding Bonds shall be redeemed
only in amounts of $5,000 or integral multiples thereof. Refunding
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Bonds redeemed in part only shall be surrendered to said Paying
Agent and Registrar in exchange for a new Refunding Bond evidencing
the unredeemed principal thereof. Notice of redemption of any
Refunding Bond called for redemption shall be given at the direction
of the City by said Paying Agent and Registrar by mail not less than
30 days prior to the date fixed for redemption, first class, postage
prepaid, sent to the registered owner of such Refunding Bond at said
owner's registered address. Such notice shall designate the
Refunding Bond or Refunding Bonds to be redeemed by maturity or
otherwise, the date of original issue and the date fixed for
redemption and shall state that such Refunding Bond or Refunding
Bonds are to be presented for prepayment at the principal office of
said Paying Agent and Registrar. In case of any Refunding Bond
partially redeemed, such notice shall specify the portion of the
principal amount of such Refunding Bond to be redeemed. No defect
in the mailing of notice for any Refunding Bond shall affect the
sufficiency of the proceedings of the City designating the Refunding
Bonds ca11td for redemption or the effectiveness of such call for
-8-
Refunding Bonds for which notice by mail has been properly given and
the City shall have the right to further direct notice of redemption
for any such Refunding Bond for which defective notice has been
given.
Section 7. The Refunding Bonds shall be in substantially the
following form:
No.
Interest Rate.
UNITED STATES OF AMERICA
STATE OF NEBRASKA
COUNTY OF WASHINGTON ..
REFUNDING BOND OF
THE CITY OF BLAIR, NEBRASKA
Maturity Date,
May 1,
Date of Original Issue Cusiv No.
June 15, 1988
Registered Owner:
Principal Amount: of Blair, in
That the City
KNOW. ALL MEN BY THESE PRESENTS:
hereby
the
acknowledges of Washington,
in the State of Nebraska. promises to pay to
the specified above, or registered assigns.
the
es itself to owe and for value received of the United
pr cipaltamou owner specified of t U i ted
principal amount specified above in lawful money P erica on
States of America the date of maturity as the rate per annum
Interest thereon from the date of original issue or most recent
a
a
Interest Payment Date. whichever is used on the basis of
months ?, payable on Nay 1.
specified above (said interest welve 30-day (each of
3989, year November 1 of eac year thereafter
and May �� ) Th principal hereof is
said and on "Interest 1 Payment Date"). "Interest Paym the Paying Agent
said dates an der o f Omaha,
payable upon presentation and surrender of this bond at d will be the
Omaha, Nebraska. Interest on this bon
principal office of First Natrona a check or draft mailed by th'
paid Registrar. �n registered owner of this bond, as
paid g Agent and Registrar to Dtheereg� b d he Pe of Agent and
Paying Agent an of th
Regis on the books of eeofrd business o 1n the the Interest a of Payment
at the close of businQSnt�in the f fifteenth day and
month immediately receding the mo
Date curs o preceding as shown on such books payable
Date occurs to such owner's y
records. Any interest not et timely paid shall cease to be p
entitled thereto as of the record
erson such
was the Pere. and payable to the person the bon
was payable. and sha be P Y one or more predecessor
'al rec'ord .date for payment of such defaulted
registered such of this bond (or of Agent and Regist
interest on such special Paying Registrar
the prompt
purpose become available. same become
interest as. shall be fixed Y as
whenever monies for such pricial and interest. are become
due. the of this f . credit and resources of said City
due, the full faith.
irrevocably pledged.
one of an issue of fully registered bonds of 1
This bend is Thousand Dollars total principal amount of Three Hundred Ten t as to date
($310.000), of even date and like tenor excep
maturity, rate of interest and denomination which were issued by the
City for the purpose of refunding the City's outstanding Various
Purpose Bonds, dated June 15. 1983, in the principal amount of One
Hundred Twenty -five Thousand Dollars ($125,000). numbered 15 to 39.
inclusive, and the City's outstanding Various Purpose Bonds, date of
original issue - June 15. 1985, in the principal amount of One
Hundred Seventy -five Thousand Dollars ($175,000). all in strict
compliance with and in pursuance of Section 10 -142 R.R.S. Neb.
1943. The issuance of said bonds has been authorized by proceedings
duly had and an ordinance legally passed, approved and published by
the Mayor and Council of said City.
Any or all of the bonds of said issue maturing on or after
May 1, 1994, are subject to redemption at the option of the City, in
whole or in part, at any time on or after May 1, 1993. at par plus
interest accrued on the principal amount redeemed to the date fixed
for redemption. Notice of redemption shall be given by mail to the
registered owner of any bond called for redemption at said
registered owner's address in the manner specified in the Ordinance
authorizing said issue of bonds. Individual bonds may be redeemed
in part but only in $5,000 amounts or integral multiples thereof.
This bond is transferable by the registered owner or his
attorney duly authorized in writing at the principal office of the
Paying Agent and Registrar upon surrender and cancellation of this
bond, and thereupon a new bond or bonds of the same aggregate
principal amount, interest rate and maturity will be issued to the
transferee as provided in the Ordinance authorizing said issue of
bonds, subject to the limitatio~is therein prescribed. The City, the
Paying Agent and Registrar and ny other person may treat the person
in whose name this bond is regi tered as the absolute owner hereof
for the purpose of receiving pa went due hereunder and for all
purposes and shall not be affec ed by any notice to the contrary,
whether this bond be overdue or not.
If the date for payment f the principal of or interest on
this bond shall be a Saturday, . Aunday, legal holiday or a day on
which banking institutions in the city where the corporate trust
office of the Paying Agent and egistrar is located are authorized
by law or executive order to close, then the date for such payment
shall be the next succeeding da/ which is not a Saturday, Sunday,
legal holiday or a day on which such banking institutions are
authorized to close, and payment on such day shall have the same
force and effect as if made on the nominal date of payment.
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 and of the bonds refunded hereby,
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 and _the indebtedness hereby refunded, does
-1
ATTEST:
not now and did not at the time of the incurring of said original
indebtedness* exceed any limitation imposed by law. The City agrees
•that it shall levy and collect taxes on all the taxable property in
said City, in addition to all other taxes. sufficient in rate and
amount to pay the principal of and interest on this bond as the same
become due.
This bond shall not be valid and binding on the City until
authenticated by the Paying Agent and Registrar.
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 signatures of the Mayor and the City
Clerk and by causing the official seal of the City to be imprinted
hereon, all as of the date of original issue specified above.
CITY OF BLAIR, NEBRASKA
City Clerk
(SEAL)
Certificate of Authentication
T.p,bond is one of the bonds authorized by Ordinance of the
Mayoi and Council of the City of Blair, in the County of Washington.
t,
in the State of Nebraska. described in the foregoing bond.*
First National Bank of Omaha
Paying Agent and Registrar
By:
Authorized Signature
By
For value received
(Social Security or Taxpayer I.D. No. )
the within bond and hereby irrevocably constitutes and appoints
attorney, to transfer the
same on the books of registration in the office of the within
mentioned Paying Agent and Registrar with full power of substitution
in the premises.
Signature Guaranteed
Authorized Officer
(Form of Assignment)
hereby sells, assigns and transfers unto
Dated:
Note: The signature(s) on this assignment MUST CORRESPOND
with the name(s) as written on the face of the within bond in every
particular. without alteration. enlargement or any change
whatsoever. and must be guaranteed by a commercial bank or a trust
company or by a firm having membership on the New York, Midwest or
other stock exchange.
Registered Owner
Section 8. Each of the Refunding Bonds shall be executed on
behalf of the City with the facsimile signatures of the Mayor and
the City Clerk and shall have imprinted thereon the City's seal. A
supply of such Refunding Bonds for issuance upon subsequent
transfers or in the event of partial redemption shall also be so
executed and delivered to the Paying Agent and Registrar. In the
event that such supply of Refunding Bonds . `shall be insufficient to
meet the requirements of the Paying Agent and Registrar for issuance
of replacement Refunding Bonds upon transfer or partial redemption,
the City agrees to order printed an additional supply of Refunding
Bonds and to direct their execution by manual or facsimile
signatures of its then duly qualified and acting Mayor and City
Clerk and by imprinting thereon or affixing thereto the City's
seal. In case any officer whose signature or facsimile thereof
shall appear on any Refunding Bond shall cease to be such officer
before the delivery of such Refunding Bond (including such Refunding
Bonds delivered to the Paying Agent and Registrar for issuance upon
transfer or partial redemption), such signature or such facsimile
signature shall nevertheless
purposes the same as if such
office until the delivery of
Bonds shall not be valid and
by the Paying Agent
and Regis
the Refunding Bonds to be re
Public Accounts of the State
be valid and sufficient for all
officer or officers had remained in
such Refunding Bond. The Refunding
binding on the City until authenticated
tsar. The City Treasurer shall cause
the office of the Auditor of
gistered in
of Nebraska and in the office of the
County Clerk of Washington County. Thereafter the Refunding Bonds
-13-
shall be delivered to the Paying Agent and Registrar for
registration and authentication. Upon execution, registration, and
authentication of the Refunding Bonds, they shall be delivered to
the City Treasurer, who is authorized to deliver them to Shearson
Lehman Hutton Inc.. Chiles Heider Division, as initial purchaser
thereof, upon receipt of % of the principal amount of the
Refunding Bonds plus accrued interest thereon to date of payment for
the Refunding Bonds. Said initial purchaser shall have the right to
direct the registration of the Refunding Bonds and the denominations
thereof within each maturity. subject to the restrictions of this
Ordinance. The City Clerk shall make and certify duplicate
transcripts of the proceedings of the Mayor and Council with respect
to the Refunding Bonds. one of which shall be filed with the Auditor
of Public Accounts and the other of which shall be delivered to said
purchaser.
Section 9. The proceeds of the Refunding Bonds shall be
applied to the redemption of bonds as described in Section 1
hereof. The City shall provide from its funds an amount sufficient
to meet the payment of interest accruing on the Outstanding Bonds on
said redemption date.
Section 10. The Mayor and Council shall cause to be levied
and collected annually a special levy of taxes on all the taxable
property in the City for the purpose of paying and sufficient to pay
the interest and principal of the Refunding Bonds herein authorized
as and when such interest and principal become due according to the
terms thereof. The holders of the Refunding Bonds shall be
-14-
subrogated to all rights of the holders of the Outstanding Bonds
from and after their redemption on June 15, 1988, including the
right to have special assessments set aside as a sinking fund for
the payment of principal thereof and interest thereon.
Section 11. The City hereby covenants to the purchasers and
holders of the Refunding Bonds hereby authorized that it will make
no use of the proceeds of said bond issue, including monies held in
any sinking fund for the Refunding Bonds, which would cause the
Refunding Bonds to be arbitrage bonds within the meaning of Sections
103(b) and 148 of the Code, and further covenants to comply with
said Sections 103(b) and 148 and all applicable regulations
thereunder throughout the term of said bond issue. The City hereby
covenants and agrees to take all actions necessary under the Code to
maintain the tax exempt status (as to taxpayers - generally) of
interest payable on the Refunding Bonds. The City hereby designates
the Refunding Bonds as its "qualified tax - exempt obligations"
pursuant to Section 265(b)(3)(B)(ii) of the Code, and covenants and
warrants that it does not reasonably expect to issue bonds or other
obligations aggregating in principal amount more than $10,000,000
during calendar 1988.
Section 12. The City's obligations under this Ordinance . with
respect to any or all of the Refunding Bonds herein authorized shall
be fully discharged and satisfied as to any or all of such Refunding
Bonds and any such Refunding Bond shall no longer be deemed to be
outstanding hereunder if such Refunding Bond has been purchased by
the City and cancelled or when the payment of the principal of and
-15-
interest thereon to the respective date of maturity (a) shall have
been made or caused to be made in accordance with the terms thereof
or (b) shall have been provided for by depositing with the Paying
Agent and Registrar for the Refunding Bonds, or with a national or
state bank having trust powers or trust company, in trust, solely
for such payment (i) sufficient money to make such payment or
(ii) - 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
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. Any money so deposited with the Paying Agent and
Registrar or such bank or trust company may be invested or
reinvested in U.S. Government Obligations at the direction of the
City, and all interest and income from U.S.' Government Obligations
in the hands of such bank or trust company of Paying Agent and
Registrar in excess of the amount required to pay principal of and
interest on the Refunding Bonds for which such monies or U.S.
Government Obligations were deposited shall be paid over to the City
as and when collected.
Section 13. This Ordinance shall be in force and take effect
from and after its passage and publication in pamphlet form as
provided by law.
PASSED AND APPROVED this 46 day of r'� ff ,
1988.
(SEAL)
City Clerk
ORDINANCE NO. 1479
AN ORDINANCE AMENDING ORDINANCE NO. 1477 OF THE CITY OF BLAIR,
NEBRASKA; PROVIDING FOR AN INCREASE IN AMOUNT OF BONDS AUTHORIZED;
AMENDING THE TITLE; AMENDING PROVISIONS CONTAINED IN SECTIONS NOS.
1, 4, 9 AND 12 OF SAID ORDINANCE; CONFIRMING ALL OTHER REMAINING
PROVISIONS; REPEALING THE ORIGINAL SECTIONS NOS. 1, 4, 9 AND 12; AND
PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA AS FOLLOWS:
Section 1. That the title of Ordinance No. 1477 be and it is
hereby amended to read as follows:
ORDINANCE NO. 1477
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE WATER SYSTEM
REVENUE REFUNDING BONDS OF THE CITY OF BLAIR, NEBRASKA, IN THE
PRINCIPAL AMOUNT OF TWO MILLION SEVEN HUNDRED NINETY THOUSAND
DOLLARS ($2,790,000) FOR THE PURPOSE OF PAYING OFF $555,000 OF
THE CITY'S OUTSTANDING WATER SYSTEM REVENUE REFUNDING BONDS,
SERIES 1985, AND $3.196,013 OF JUNIOR LIEN WATER REVENUE BOND.
SERIES 1980; PRESCRIBING THE FORM. TERMS AND DETAILS OF SAID
BONDS; PLEDGING AND HYPOTHECATING THE REVENUE AND EARNINGS OF
THE WATERWORKS 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
WATERWORKS PLANT AND SYSTEM; ENTERING INTO A CONTRACT ON BEHALF
OF THE CITY WITH THE HOLDERS OF SAID BONDS; MAKING PROVISION FOR
BOND INSURANCE AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE
IN PAMPHLET FORM.
Section 2. That Section 1 of Ordinance: No. 1477 is hereby
amended to read as follows:
Section 1. The Mayor and City Council of the City
of Blair, Nebraska, (the "City ") hereby find and
determine: a) The City owns and operates a waterworks
plant and system (which plant and system, together with
any additions, extensions and improvements thereto
hereafter made is hereinafter referred to as the "Water
-4-
System "): that the Water System represents a revenue
producing undertaking of the City; that the City has
issued and outstanding the following Water System Revenue
Bonds:
Water System Revenue Refunding Bonds, Series 1985, date of
original issue - June 15. 1985, in the principal amount of
Five Hundred Fifty -five Thousand Dollars ($555,000),
numbered as shown on the records of the paying agent and
registrar, in denomination of $5,000 or integral multiples
thereof, with said bonds bearing interest and becoming due
and payable as follows:
Maturing on
April 15 of Year
1989
1990
1991
1992
1993
1994
1995
Amount of Interest
Principal Rate to Maturity
Maturing or Earlier Redemption
65,000
65,000
70,000
80,000
85,000
90,000
100,000
7.30%
7.60
7.85
8.00
8.30
8.50
8.70
Said bonds are subject to redemption at any time on or
after June 15. 1988, and said interest is payable
semiannually. Said bonds were authorized and ordered
issued by Ordinance No. 1410 which was passed and approved
on the 14th day of May, 1985, and'were issued for the
purpose of refunding the City's outstanding Water System
Revenue Bonds, Series 1980, Bonds. Nos. 39 to 177,
inclusive. dated April 15, 1980, in the principal amount of
$695,000. Said Series 1985 Bonds are herein referred to as
the "1985 Bonds."
Junior Lien Water Revenue Bond, Series 1980, dated July 30.
1980, issued in the original principal amount of
$3,376,000, presently outstanding in the principal amount
of $3,196.013, bearing interest at the rate of 5% per annum
and finally maturing as to principal on July 29, 2020.
Said Series 1980 Bond is referred to herein as the "1980
Bond."
The 1985 Bonds and 1980 Bond are valid interest - bearing
obligations of the City of Blair. payable from the revenues
-5-
of the Water System and said bonds have been called for
payment prior to maturity on June 15. 1988; that under
Section 14 of Ordinance No. 1410 the City may provide
for the discharge and satisfaction of the 1985 Bonds by
a deposit of United States Government Obligations; that
by issuing the City's Water Revenue Refunding Bonds in
the principal amount of $ .2.790,000 (the "1988
Bonds ") as herein provided and by depositing certain
monies on hand the City will be able to provide funds
sufficient to so satisfy the 1985 Bonds.; that the
registered owner of the 1980 Bond has agreed to
surrender the 1980 Bond for cancellation and discharge
upon payment of a redemption price of $ 3.196,013 ;
that an overall savings in .principal and interest costs
to the City can be achieved by paying tiff the 1985 Bonds
and the 1980 Bond; b) that the City has no indebtedness
outstanding against the revenues of its Water System,
other than the 1985 Bonds and the 1980 Bond; c) that all
conditions, acts and things required to exist or to be
done precedent to the issuance of Water System Revenue
Refunding Bonds of the City of Blair in the principal
amount of $2.790.000 pursuant to Sections 18 -1803 to
18 -1805. R.R.S. Neb. 1943, do exist and have been done as
required by law.
Section 3. That Section 4 of Ordinance No. 1477 is hereby
amended to read as follows:
-6-
Section 4. To refund the 1985 Bonds and the 1980
Bond as described in Section 1 hereof, there shall be
and there are hereby ordered issued negotiable bonds of
the City of Blair. Nebraska. to be known as "Water
System Revenue Refunding Bonds, Series 1988" (the "1988
Bonds ") in the aggregate principal amount of Two Million
Seven Hundred Ninety Thousand Dollars ($2,790.000), with
said Bonds bearing interest at the rates per annum and
to become
ue on May 1. of the year as indicated below:
Amount of Interest
Matur ng on Principal Rate to Maturity
May 1,. of Year Maturing or Earlier. Redemption
19 9 $ 70,000 5.15%
19'0 110.000 5.30
19 115.000 5.50
19'2 120,.000 5.70
19'' 3 130.000 5.90
19 4 135.000 66 .10
19'5 145,000 6.25
19 55.000 6.40
19 55,000 6.55
198 60,000 6.70
19`9 65.000 6.90
20 f 0 70.000 7.10
20.1 75,000 7.25
20.2 75,,.000 7.40
20 +3 80.000 7.50
20.8 515.000 7.75
2014 915,000 8.00
Interest on the 1988 Bonds shall be computed on the
basis of a three hundred sixty day year consisting of
twelve thirty -day months. The 1988 Bonds maturing in
the years 1989 through 2003 are sometimes herein
referred to as "serial Bonds" and the 1988 Bonds
maturing in 2008 and 2014 are sometimes herein referred
-7-
to as "term Bonds." The 1988 Bonds shall be issued in
fully registered form in the denomination of $5,000 or
any integral multiple thereof. The date of original
issue for the 1988 Bonds shall be June 15, 1988.
Interest on the 1938 Bonds. at -the respective rates for
each maturity. shall be payable on May 1. 1989. and
semiannually thereafter on November 1 and May 1 of each
year (each of said dates an "Interest. Payment Date ") and
the 198.8 Bonds shall bear such interest from the date of
original • issue or the most recent Interest Payment Date,
whichever is later. The interest due on each Interest
Payment Date shall be payable to the registered owners
of record as of the close of business: on the fifteenth
day of the month immediately preceding the month in
which eac
Date ").. s
The 1988
order of
or iginal l '.
more than
numbering
Interest Payment Date occurs (the "Record
bject to the provisions of Section 6 hereof.
onds shall be numbered from 1 Upwards
heir issuance. No 1988. Bond shall be
or upon transfer or partial redemption having
one principal maturity. The initial bond
and principal amounts for each of the 1988
Bonds issued shall be designated by the City's Treasurer
as direct d by the initial purchaser thereof. Payments
of intere t due on the 1988 Bonds shall be ,made by the
Paying Agent and Registrar, as designated pursuant to
Section 5 hereof. by mailing a check or draft in the
-8-
in the
issued
amount due for such interest on each Interest Payment
Date to the registered owner of each 1988 Bond, as of
the Record Date for such Interest Payment Date, to such
owner's registered address as shown on the books of
registration as required to be maintained in Section 5
hereof. Payments of principal due at maturity or at any
date fixed for redemption prior to maturity shall be
made by said Paying Agent and Registrar to the
registered owners upon presentation and surrender of the
1988 Bonds
to said Paying Agent and Registrar. The City
and said Paying Agent and Registrar may treat the
registered owner of any 1988 Bond as the absolute owner
of such bond for the purpose of making payments thereon
and for all other purposes and neither the City nor the
Paying Agent and Registrar shall be affected by any
notice or cnowledge to the contrary, whether such bond
or any insItallment of interest due thereon shall be
overdue or not. All payments on account of interest or.
principal made to the registered owner of any 1988 Bond
in accordance with the terms of this Ordinance shall be
valid and effectual and shall be a discharge of the City
and said Pying Agent and Registrar, in respect of the
liability ipon the 1988 Bonds or claims for interest to
the extent of the sum or sums so paid.
Section 4. That Section 9 of Ordinance No. 1477 is hereby
amended to read as follows:
-9-
Sec9.on 9. The 1988 Bonds shall be in substantially the
following, form:
UNITED STATES OF AMERICA
STATE OF NEBRASKA
COUNTY OF WASHINGTON.
CITY OF BLAIR
WATER SYSTEM REVENUE BOND, SERIES 1988
No.
Interest Rate Maturity Date
May 1.
Registered Owner:
Principal Amount:
Date of Oricrinal Issue CUSIP No.
June15, 1988
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, but only from
the sources herein described, to the registered owner specified
above, or registered assigns, the principal amount specified above
in lawful money of the United States of America on the date of
maturity specified above with interest thereon from the date of
original issue or most recent Interest Payment Date, whichever is
later. at the rate per annum specified above. payable on May 1, 1989
and on November 1 and May 1 of each year thereafter (each of said
dates an "Interest Payment Date "). Said interest shall be computed
on the basis of a 360 -day year consisting of twelve 30-day months.
The principal hereof is payable upon presentation and surrender of
this bond at the principal office of the First National Bank of
Omaha, the Paying Agent and Registrar, in Omaha, Nebraska. Interest
on this bond will be paid on each Interest Payment Date by a check
or draft mailed by the Paying Agent and Registrar to the registered
owner of this bond, as shown on the books of record maintained by.
the Paying Agent and Registrar, at the close of business on the
fifteenth day of the month immediately preceding the month in which
the Interest Payment Date occurs. to such owner's address as shown
on such books and records. Any interest not so timely paid shall
cease to be payable to the person entitled thereto as of the record
date such interest was payable, and shall be payable to the person
who is the registered owner of this bond (or of one or more
predecessor bonds hereto) on such special record date for payment of
such defaulted interest as shall be fixed by the Paying Agent and
Registrar whenever monies for such purpose become available.
This bond is one of an issue of fully registered bonds of the
total principal amount of Two Million Seven Hundred Ninety Thousand
Dollars ($2.790,000), of even date and like tenor except as to date
of maturity, rate of interest and denomination which were issued by
the City for the purpose of refunding the City's outstanding Water
System Revenue Refunding Bonds, Series 1985, date of original issue
- June 15. 1985, in the principal amount of $555,000 and the City's
outstanding Junior Lien Water Revenue Bond, Series 1980, dated July
30, 1980. in the principal amount of $3,196,013. 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 18 -1803 to 18 -1805 R.R.S. Neb.
1943.
Any or all of the bonds of said issue maturing on or after
May 1. 1995. are subject to redemption at the option of the City, in
whole or in part. at any time on or after May 1, 1994. at par plus
interest accrued on the principal amount redeemed to the date fixed
for redemption.
Bonds of said issue maturing on May 1. 2008, shall be redeemed
prior to their stated maturity on May 1, 2004, and on each May 1
thereafter, with such redemptions to occur in the years and for the
principal amounts set forth below:
Year
2004 $ 90,000
2005 95,000
2006 100,000
2007, 110,000
2008 120,000
Bonds of said issue maturing on May 1, 2014, shall be redeemed prior
to their stated maturity on May 1, 2009, and on each May 1
thereafter. with such redemptions to occur in the years and for the
principal amounts set forth below:
Year
2009 / $125.000
2010 135,000
2011 145,000
2012 160,000
2013 170,000
2014 180.000
Such mandatory redemptions shall be at a price equal to 100% of the
principal amount redeemed, together with the interest accrued on the
principal amount redeemed to the date fixed for redemption.
Notice of any such redemption shall be given by mail to the
registered owner of any bond to be redeemed at said registered
-12-
Amount to be
Redeemed
Amount to be
Redeemed
owner's address in the manner specified in the Ordinance authorizing
said issue of bonds. Individual bonds may be redeemed in part but
only in $5,000 amounts or integral multiples thereof.
This bond is transferable by the registered owner or his
attorney duly authorized in writing at the principal office of the
Paying Agent and Registrar upon surrender and cancellation of this
bond. and thereupon a new bond or .bonds of the same aggregate
principal amount. interest rate and maturity will be issued to the
transferee as provided in the Ordinance authorizing said issue of
bonds. subject to the limitations therein prescribed. The City, the
Paying Agent and Registrar and any other person may treat the person
in whose name this bond is registered as the absolute owner hereof
for the purpose of receiving payment due hereunder and for all
purposes and shall not be affected by any notice to the contrary,
whether this bond be overdue or not.
If the date for payment of the principal of or interest on this
bond shall be a Saturday, Sunday. legal holiday or a day on which
banking institutions in the city where the :corporate trust office of
the Paying Agent and Registrar is located are authorized by law or
executive order to close, then the date for such payment shall be
the next succeeding day which is not a Saturday. Sunday, legal
holiday or a day on which such banking institutions are authorized
to close. and payment on such day shall have the same force and
effect as if made on the nominal date of payment.
The revenue and earnings of the waterworks plant and water
system of the City of Blair, as now owned or hereafter acquired,
(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 obligations
of the City with respect to the Water System and the application 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 make payments of principal and interest on
the bonds of this issue, to pay costs of operation and maintenance,
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 are payable from moneys in the "Surplus Account"
of the Blair Water System Fund as described in said ordinance. Said
ordinance also designates the terms and conditions upon which this
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bond shall cease to be entitled to any lien, benefit or security
under such ordinance and all covenants, agreements and obligations
of the City under such ordinance may be discharged and satisfied at
or prior to the maturity or redemption of this bond if moneys or
certain specified securities shall have been deposited with a
designated trustee.
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 exist, did happen and were. done and
performed in regular and due form and time as required by law.
This bond shall not be valid and binding on the City until
authenticated by the Paying Agent and Registrar.
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 signatures of the Mayor and the City Clerk and by
causing the official seal of the City to be imprinted hereon, all as
of the date of original issue specified above.
ATTEST:
City Clerk
(SEAL)
CITY OF BLAIR, NEBRASKA
Mayor
Certificate of Authentication
This bond is one of the bonds authorized by Ordinance of the
Mayor and Council of the City of Blair, in the County of Washington,
in the State of Nebra ska, described in the foregoing bond.
First National Bank of Omaha
Paying Agent and Registrar
By:
Authorized Signature
For value received
(Form of Assignment)
hereby sells, assigns and transfers unto
(Social Security or Taxpayer I.D. No. )
the within bond and hereby irrevocably constitutes and appoints
, attorney, to transfer the
same on the books of registration in the office of the within
mentioned Paying Agent and Registrar with full power of substitution
in the premises.
Signature Guaranteed
By
Authorized Officer
Dated:.
Note: The signature(s) on this assignment MUST
CORRESPOND with the name as written on the face of the within bond
in every particular, without alteration, enlargement or any change
whatsoever, and must be guaranteed by a commercial bank or a trust
company or by a firm having membership on the New York, Midwest or
other stock exchange.
Registered Owner
ORDINANCE NO.. 1480
N ORDINANCE AMENDING ORDINANCE NO. 1477 AS AMENDED BY ORDINANCE NO.
479 OF THE CITY OF BLAIR, NEBRASKA; AMENDING PROVISIONS CONTAINED
[J SECTIONS NOS. 3, 12, 14, 18 AND 23 OF SAID ORDINANCE; CONFIRMING
LL OTHER REMAINING PROVISIONS; REPEALING THE EXISTING SECTIONS NOS.
, 12, 14, 18 AND 23; APPROVING THE FINAL OFFICIAL STATEMENT; AND
ROVIDING FOR THE PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
LAIR, NEBRASKA AS FOLLOWS:
Section 1. The Mayor and Council of the City of Blair. Nebraska
:reby find and determine that certain typographical errors require
)rrection and that certain changes need to be made in the terms of
:dinance No. 1477 as amended by Ordinance No. 1479 (the
)rdinance "); that the sections requiring changes are Sections 3.
14, 18 and 23; and that such corrections have been agreed to by
ie original purchaser of the 1988 Bonds and by AMBAC Indemnity
)rporation.
Section 2. That Section 3 of the Ordinance is hereby amended to
!ad as follows:
Section 3. In addition to the definitions
provided in parenthesis elsewhere in this Ordinance,
the following definitions of terms shall apply, unless
the context shall clearly indicate otherwise:
"Additional Bonds" shall mean any and all
bonds hereafter issued by the City pursuant to the
terms of this Ordinance which are equal in lien to
the 1988 Bands. including such bonds issued
pursuant to Section 14 and refunding bonds issued
pursuant to Section 15, as and when such bonds
become equal in lien to the 1988 Bonds according
to their terms and the terms of said Section 15.
" AMBAC Indemnity" shall mean AMBAC Indemnity
Corporation, a Wisconsin- domiciled stock insurance
company.
"Average Annual Debt Service Requirements"
shall mean that number computed by adding all of
the principal and interest due when computed to
the absolute maturity of the bonds for which such
computation is required and dividing by the number
of years remaining that the longest bond of any
issue for which such computation is required has
to run to maturity. In making such computation.
the principal of any bonds for which mandatory
redemptions are scheduled shall be treated as
maturing in accordance with such schedule of
mandatory redemptions.
"Deposit Securities" shall mean direct
obligations of or obligations the principal of and
interest on which are unconditionally guaranteed
by the United States of America.
"Maximum Principal and Interest Payment
Obligation" shall mean the maximum amount of
principal and interest payable in any then current
or future fiscal year with respect to the bonds for
which such computation is required. In making such
computation. the principal of any bonds for which
mandatory redemptions are scheduled shall be treated
as maturing in accordance with such schedule of
mandatory redemptions.
"Municipal Bond Insurance Policy" shall mean
the Municipal Bond Insurance Policy issued by AMBAC
Indemnity and insuring the payment when due of the
principal of and interest on the 1988 Bonds as
provided therein.
"Net Revenues" shall mean the gross revenues
derived by the City from the ownership or operation
of the Water System including investment income, but
not including any income from sale or disposition of
any property belonging to or forming a part of the
Water System, less the ordinary expenses to the City
of operating and maintaining the Water System
payable from the Operation and Maintenance Account
established by Section 12 of this Ordinance.
Operation and maintenance expenses for purposes of
determining "Net Revenues" shall not include
depreciation, amortization or interest on any bonds
or other indebtedness. Net Revenues for all
purposes of this Ordinance shall be shown by an
audit for the fiscal year in question as conducted
by independent certified public accountants. Except
as otherwise herein expressly provided there shall
be added to the gross revenues of the Water System
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any monies appropriated by the Mayor and Council to
the Water System for any fiscal year in question
from sources other than revenues of the Water System
as and to the extent that such appropriated monies
are in fact received and credited to the Blair Water
System Fund, as described in Section 12 of this
Ordinance.
"Permitted Investments" shall mean any of the
following obligations but only as and to the extent
that such obligations are permissible investments
for a City of the class to which the City of Blair
belongs as of the time of such investment:
(a) direct obligations of (including
obligations issued or held in book entry form
on the books of) the Department of the Treasury
of the United States of America;
(b) obligations of any of the following
federal agencies which obligations represent
full faith and credit of the United States of
America:
- Farmers Home Administration
- General Services Administration
- U.S. Maritime Administration
- Small Business Administration
- Government National Mortgage Association
(GNMA)
- U.S. Department of Housing & Urban
Development (PHA's)
- Federal Housing Administration;
(c) U.S. Dollar denominated deposit
accounts fully insured to the holder (up to the
$100,000 maximum coverage) by the Federal
Deposit Insurance Corporation in commercial
banks;
(d) U.S. Dollar denominated deposit
accounts, federal funds and banker's
acceptances with commercial banks (foreign or
domestic) which have a rating on their short
term certificates of deposit on the date of
purchase of "A -1" or "A -1 +" by Standard &
Poor's and "P -1" by Moody's and maturing no
more than 360 days after the date of purchase;
(e) pre- refunded municipal obligatons
defined as follows:
any bonds or other obligations of any state of
the United States of America or of any agency,
instrumentality or local governmental unit of
any such state (i) which are not callable at
the option of the obligor prior to maturity or
as to which irrevocable notice has been given
by the obligor to call such bonds or
obligations on the date specified in the
notice, (ii) which are fully secured as to
principal and interest and redemption premium.
if any, by a fund consisting only of cash or
obligations described in (a) above in this
definition which fund may be applied only to
the payment of such principal of and interest .
and redemption premium, if any, on such bonds
or other obligations on the maturity date or
dates thereof or the specified redemption date
or dates pursuant to such irrevocable
instructions. as appropriate, (iii) which fund
is sufficient, as verified by an independent
certified public accountant, to pay principal
of and interest and redemption premium, if any,
on the bonds or other obligations described in
this paragraph (e) on the maturity date or
dates thereof or on the redemption date or
dates specified in the irrevocable instructions
referred to in subclause (i) of this paragraph
(e), as appropriate and (iv) which are rated,
based on the escrow, in the highest rating
category of either Standard & Poor's
Corporation or Moody's Investors Service, or
any successors thereto;
(f) money market funds rated in the
highest rating category of any nationally
recognized rating agency. which are monitored
quarterly.
(g) the following currently existing
certificates of deposit with Washington County
Bank, Blair, Nebraska so long as such
certificates are fully collateralized by
securities described in paragraphs (a) or (b)
above having a fair market value equal to or
greater than the amount deposited with such
collateral to be evidenced by joint custody
receipts issued to the City Treasurer:
C.D. Number 10160 in the principal amount
of $109,985 maturing October 17, 1988.
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C.D. Number 9698 in the principal amount
of $100,000 maturing October 20, 1988.
C.D. Number 10159 in the principal amount
of $200.164 maturing July 27, 1988.
C.D. Number 10162 in the principal amount
of $200.164 maturing April 19, 1989.
None of the foregoing certificates shall be
renewed and after maturity of each of the
specific certificates described above. such
certificates shall no longer be included in the
definition of Permitted Investments.
(h) Investment agreements approved by
AMBAC Indemnity.
The value of the above investments shall be
determined as provided in "Value" below.
"Paying Agent and Registrar" shall mean First
National Bank of Omaha, as appointed to act as the
combined paying agent and registrar for the 1988
Bonds pursuant to Section 5 hereof.
"Value" as of any particular time of
determination, means that the value of any
investments shall be calculated as follows:
a) as to investments the bid and asked prices of
which are published on a regular basis in The
Wall Street Journal (or, if not there, then in
The New York Times): the average of the bid
and asked prices for such investments so
published on or most recently prior to such
time of determination;
b) as to investments the bid and asked prices of
which are not published on a regular basis in
The Wall Street Journal or The New York Times:
the average bid price at such time of
determination for such investments by any two
nationally recognized government securities
dealers at the time making a market in such
investments or the bid price published by a
nationally recognized pricing service;
c) as to certificates of deposit and bankers
acceptances: the face amount thereof. plus
accrued interest; and
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d) as to any investment not specified above: the
value thereof established by prior agreement
between the Issuer and AMBAC Indemnity
Corporation.
If more than one provision of this definition of
"Value" shall apply at any time to any particular
investment. the value thereof at such time shall be
determined in accordance with the provision
establishing the lowest value for such investment.
Section 3. That Section 12 of the Ordinance is hereby amended
read as follows:
Section 12. The revenue and earnings of the
Water System. as now existing or hereafter acquired,
are hereby pledged and hypothecated for the payment
of the 1988 Bonds and any Additional Bonds of equal
priority issued as authorized by this ordinance and
interest on such 1988 Bonds and any such Additional
Bonds. For such purpose there shall be included in
the gross revenues of the Water System any monies
appropriated from year to year by the Mayor and
Council to the Water System for purposes of reducing
user rates or other purposes, from whatever source
derived. The City does hereby agree with the holders
of said 1988 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, including
appropriations from other sources, shall
be set aside as collected and deposited in
a separate fund which is hereby ordered
established and shall be designated as the
"Blair Water System Fund ". For purposes
of allocating the monies in the Blair
Water System Fund. the City shall maintain
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the following accounts: (1) Bond Payment
Account; (2) Operation and Maintenance
Account; (3) Debt Service Reserve Account;
(4) Renewal and Replacement Account, and
(5) Surplus Account.
(b) 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,
starting with the month of June, 1988, the
following amounts:
(1) For the period from June 1, 1988
through April 30, 1989:
(A) an amount equal to 1 /11th of
the next maturing interest
payment on the 1988 Bonds;
(B) an amount equal to 1 /11th of
the next maturing principal
payment on the 1988 Bonds.
(2) For the period from May 1, 1989
on, so long as the 1988 Bonds
remain outstanding an amount equal
to 1 /6th of the next maturing
semiannual interest payment on the
1988 Bonds;
(3) For the period from May 1, 1989
through April 30, 2003, an amount
equal to 1 /12th of the next
maturing principal payment on the
1988 Bonds due as- serial Bonds.
(4) For the period from May 1. 2003
until the 1988 Bonds have been
paid in full, an amount equal to
1 /12th of the amount of principal
of 1988 Bonds scheduled for
mandatory redemption as term Bonds
on the next date set for mandatory
redemption in Section 8 hereof.
The City Treasurer is hereby authorized
and directed, without further
authorization. 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 sufficient to
pay. when due, the principal of and
interest on the 1988 Bonds or any
Additional Bonds and to transfer such
amount to the Paying Agent and Registrar
(or other paying agent for Additional
Bonds) on or before each principal and
interest payment date. Upon the
issuance of any Additional Bonds
pursuant to this ordinance appropriate
additional credits to the Bond Payment
Account shall be provided for sufficient
to pay principal and interest on said
Additional Bonds.
(c) OPERATION AND MAINTENANCE ACCOUNT - After
any credits required to be made by the
foregoing subparagraph (b) have been made
in full, out of the Blair Water 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 maintaining the Water
System, and the City may withdraw funds
credited to the Operation and Maintenance
Account as necessary from time to time to
pay such expenses.
(d.) DEBT SERVICE RESERVE ACCOUNT - Upon the
issuance of the 1988 Bonds, the City
shall deposit an amount equal to the
Maximum Principal and Interest Payment
Obligation on the 1988 Bonds from funds
on hand, which amount shall represent the
required balance to be maintained from
time to time with the amount required to
be maintained being reduced from time to
time if and when the Maximum Principal
and Interest Payment Obligation for the
1988 Bonds decreases. Monies credited to
the Debt Service Reserve Account may be
withdrawn, as needed to provide funds to
pay, when due, the principal and interest
on the 1988 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. In the event of
withdrawal from the Debt Service Reserve
Account. there shall be credited to the
Debt Service Reserve Account in the month
or months following such withdrawal all
monies in the Blair Water System Fund
remaining after making the payments
required to be made to the Bond Payment
Account and the Operation and Maintenance
Account. Upon the issuance of any
Additional Bonds pursuant 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 Requirements on the
1988 Bonds, any Additional Bonds then
outstanding and the proposed Additional
Bonds and the amount of the monthly
credit required for 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.
(e) Renewal and Replacement Account - Upon
the issuance of the 1988-Bonds, the City
shall deposit an amount not less than
$50,000 to the Renewal and Replacement
Account from funds on hand and shall
thereafter each month credit to such
account an amount equal to 1 /24th of the
difference between the amount deposited
upon issuance of the 1988 Bonds and
$100,000 so that there shall be
accumulated in said account not later
than 24 months from the date of issuance
of the 1988 Bonds the amount of $100,000,
which amount shall represent the required
balance to be maintained thereafter.
Monies credited to the Renewal and
Replacement Account shall be applied from
time to time, at the direction of the
Mayor and Council. to make improvements
to or renewals, replacements and repairs
for the Water System. Whenever monies
are expended from the Renewal and
Replacement Account for such purposes and
the amount credited thereto is reduced
below the then required balance. monthly
credits in the amount of $1,700 to said
account shall commence and
continue to be made until said account has
been restored to the required balance.
Said monthly credits shall be made from
monies in the Blair Water System Fund
after the credits required in the
foregoing paragraphs 11(b). 11(c) and
11(d) have been made for each month. Any
ordinance authorizing the issuance of
_Additional Bonds may provide for an
increase in the required balance and for
payments to be made to said account. The
City may from available funds in the
Surplus Account make credits in advance to
satisfy the monthly credits described
above in this subsection 12(e).
(f) SURPLUS ACCOUNT - Monies from the Blair
Water System Fund remaining after the
credits required in the foregoing
paragraphs (b), (c), (d). and (e) 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 1988 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 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 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
commingled with other City or Water System funds.
If invested, monies credited to the Debt Service
Reserve.ACcount may be commingled 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 and Bond Payment Account may
be invested in securities eligible for investment of
other City funds. Monies in the Bond Payment
Account and Debt Service Reserve Account shall be
invested in Permitted Investments. 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 eight years. Investments
made from or attributable to the Bond Payment
Account shall mature or be redeemable at the option
of the holder by no later than the time monies are
required for payments due from such account. Income
from or profit realized from investment for any
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Account shall be credited to such Account until such
Account contains the amount then 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 4. That Section 14 of the Ordinance is hereby amended
to read as follows:
Section 14. 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 parity with the
1988 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 interest on
the 1988 Bonds and such Additional Bonds and
for such monthly credits to the Debt Service
Reserve Account as are required under
subsection 12(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
1.25 times the Average Annual Debt Service
Requirements of the 1988 Bonds and any
Additional Bonds, both as then
outstanding, and of the proposed
Additional Bonds; or
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(2) The City shall have received an adjusted
pro - forma statement of Net Revenues
prepared by a consulting engineer or firm
of consulting engineers, recognized as
having experience and expertise in
municipal utility systems, or by a
certified public accountant or firm of
certified public accountants, showing
adjusted Net Revenues of the Water System
at least 1.25 times the Average Annual
Debt Service Requirements of the 1988
Bonds and any Additional Bonds, both as
then outstanding, and of the proposed
Additional Bonds. In preparing such
statement of pro -forma adjusted Net
Revenues, the consulting engineer shall
use as a basis the Net Revenues of the
Water System during the last fiscal year
for which an independent audit has been
prepared and shall adjust such Net
Revenues to reflect changes in rates which
have gone into effect since the beginning .
of the fiscal year for which the audit was
made.
For purposes of any such determination under (b)(1)
or (b)(2) above, there shall be excluded from the
gross revenues of the Water System, as described in
the definition of "Net Revenues" provided for in
Section 3 hereof, any monies appropriated by the
Mayor and Council to the Water System from sources
other than the revenues of the Water System for the
fiscal year in question. 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 Sections 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
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utilities systems to be paid into the Blair Water
System Fund, which fund may be appropriately
redesignated, and to provide that all of the 1988
Bonds and any Additional Bonds previously issued,
both as then outstanding, and the proposed issue of
Additional Bonds shall be payable from the revenues
' 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 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 12, the conditions of subsection 14(a) shall
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 14(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. 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
14(b) above.
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Section 5. That Section 18 of the Ordinance is hereby amended to
sad as follows:
Section 18. 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 1988 Bonds or any Additional Bonds issued
pursuant to this Ordinance and any such bonds shall no longer
be deemed outstanding 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 depositing with the Paying Agent
and Registrar, or with a national or state bank having trust
powers or trust company, in trust solely for such payment (1)
sufficient money to make such payment deposited in a bank
account or bank accounts which are fully insured by insurance
of the Federal Deposit Insurance Corporation and/or (2)
Deposit Securities 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 by law or made
irrevocable provision for the giving of such notice. Any
such money so deposited with a bank or trust company or the
Paying Agent and Registrar may be invested and reinvested in
Deposit Securities at the direction of the City, and all
interest and income from such Deposit Securities in the hands
of such bank or Paying Agent and Registrar 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.
For purposes of this Section 18, any Deposit Securities
shall be noncallable or callable only at the option of the
holder. In the event that the principal and or interest due
on the 1988 Bonds shall be paid by AMBAC Indemnity pursuant
to the Municipal Bond Insurance Policy, the 1988 Bonds shall
remain outstanding for all purposes, not be defeased or
otherwise satisfied and not be considered paid by the City,
and the assignment and pledge herein contained and all
covenants, agreements and other obligations of the City to
the registered owners of the 1988 Bonds shall continue to
exist and shall run to the benefit of AMBAC Indemnity and
AMBAC Indemnity shall be subrogated to the rights of such
registered owners.
Section 6. That Section 23 of the Ordinance is hereby amended
read as follows:
Section 23. The City has provided for insurance of
the payments of principal and interest on the 1988 Bonds
by obtaining the Municipal Bond Insurance Policy from
AMBAC Indemnity. The_premium due upon the issuance of the
Municipal Bond Insurance Policy shall be paid from the
proceeds of the 1988 Bonds and such payment is hereby
recognized as part of the terms of the purchase provided
for in Section 10 hereof. The Paying Agent and Registrar
is authorized to take any and all actions deemed
appropriate by it to collect any proceeds of the Municipal
Bond Insurance Policy and remit such proceeds to the
registered owners of the 1988 Bonds. Any monies received
by the Paying Agent and Registrar from proceeds of the
Municipal Bond Insurance Policy shall be treated as funds
held separately in trust for each of the registered owners
of the 1988 Bonds for whom the Paying Agent and Registrar
has received such monies. The City's officers are hereby
authorized to take any and all steps deemed by them
necessary or appropriate in connection with the obtaining
of insurance for the 1988 Bonds pursuant to the Municipal
Bond Insurance Policy.
While the Municipal Bond Insurance Policy is in
effect, the City shall furnish to AMBAC Indemnity:
(a) as soon as practicable after the filing
thereof, a copy of any financial statement of
the City and a copy of any audit and annual
report of the City;
(b) a copy of any notice to be given to the
registered owners of the 1988 Bonds; and
(c) such additional information as AMBAC
Indemnity may reasonably request.
The City will permit AMBAC Indemnity to discuss the
affairs, finances and accounts of the City or any
information AMBAC Indemnity may reasonably request
regarding the security for the 1988 Bonds with
appropriate officers of the City. The City will permit
AMBAC Indemnity to have access to and to make copies of
all books and records relating to the 1988 Bonds at any
reasonable time.
AMBAC Indemnity shall have the right to direct an
accounting at the City's expense, and the City's failure
to comply with such direction within thirty (30) days
after receipt of written notice of the direction from
AMBAC Indemnity shall be deemed a default hereunder;
provided, however, that if compliance cannot occur within
such period, then such period will be extended so long as
compliance is begun within such period and diligently
pursued, but only if such extension would not materially
adversely affect the interests of any registered owners
of the 1988 Bonds.
For the sole benefit of AMBAC Indemnity and as an
inducement for the issuance of the Municipal Bond
Insurance Policy, the City hereby covenants and agrees,
to the fullest extent that it may now or hereafter be
permitted by law to do so, as follows:
1. The City represents and warrants that it is
the lawful owner and obligee under an
agreement entitled "Agreement Between the
Omaha Public Power District and the City of
Blair ", dated January 12. 1984 relating to
the sale of the City's electric system (the
"OPPD Agreement ") and that under the OPPD
Agreement the sum of $481,814.93 is due
annually in each year through the year 2014.
2. Unless and until the City for two consecutive
fiscal years shall have met its obligation
under Section 13(d) without adding to the
gross revenues of the Water System any monies
appropriated by the Mayor and Council from
sources other than the revenues of the Water
System,.. the City shall not, without the
written consent of AMBAC Indemnity, sell,
assign, encumber or otherwise dispose of the
OPPD Agreement or accept prepayment thereof,
provided that the City shall have the right
to accept prepayments under the OPPD
Agreement, in whole or in part, as and to the
extent that all prepayments are applied to
the satisfaction of the 1988 Bonds in
accordance with Section 18 of this Ordinance.
3. In setting its annual budget in each year and
not later than September 1 of each year, the
City shall include in its budget an
appropriation on a first and prior basis from
monies due under the OPPD Agreement in an
amount equal to the payments of principal and
interest due during the twelve month period
falling after May 1 of the next succeeding
calendar year and shall make an advance
deposit of such appropriated monies to the
Bond Payment Account not later than the May 1
of such next succeeding year, provided that
in the event that the Mayor and Council
determine not to make such appropriation in
any year or if deposit of monies is not made
on or before May 1 in any year (as herein
required), the City agrees that within thirty
days thereafter it shall adopt an ordinance
taking effect not later than thirty days from
passage and approval, providing for rates and
charges for water service based upon the
usage experienced for the most recently
completed fiscal year sufficient, based upon
such usage and the expenses of operation and
maintenance for such fiscal year, to have
produced Net Revenues in such fiscal year
(without adding to the gross revenues of the
Water System any monies appropriated by the
-19-
Mayor and Council from sources other than the
revenues of the Water System), on a pro -forma
basis. at least equal to 1.20 times the Average
Annual Debt Service Requirements on the 1988
Bonds and any Additional Bonds, both as then
outstanding, provided that such obligation to
impose rates may be reduced or altered with the
consent in writing of AMBAC Indemnity.
Section 7. The Final Official Statement is hereby approved
and the Mayor is hereby authorized to execute and deliver said
Final Official Statement.
Section 8, The Mayor and Council find and determine that
because of the final price for paying off the 1980 Bond (as
defined in the Ordinance). $65,000 in principal amount of 1988
Bonds authorized by the Ordinance may be cancelled and not issued
with such 1988 Bonds to be from 1988 Bonds maturing in the year
2014. and the schedule of mandatory redemptions provided for in
Section 8 of the Ordinance shall be maintained in the amount set
forth until the time of final maturity when all 1988 Bonds then
remaining outstanding shall be redeemed.
Section 9. All other sections of the Ordinance are hereby
confirmed.
Section 10. This ordinance shall be published in pamphlet
for and shall be in force and take effect from and aft its
passage and approval according to law.
PASSED AND APPROVED this 14th day of June , 1988.
ATTES
1
SEAL
City Clerk
-20-
d Lt y_
Mi"
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, VACATING THE ALLEY
IN BLOCK 85, FOURTH ADDITION TO THE CITY OF BLAIR, NEBRASKA,
RESERVING, HOWEVER, ALL EASEMENTS FOR ALL UTILITY PURPOSES,
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL
FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA.
SECTION 1. That the alley in Block 85, Fourth Addition
to the City of Blair, Nebraska, is hereby vacated and abandoned
by the municipality, reserving, however, all easements for all
utility purposes.
In the event said option is not exercised of record in .
the office of the Registrar of Deeds of Washington County,
Nebraska on or before August 1, 1989, this ordinance shall become
null and void and any purported vacation of said alley shall not
be effective.
ATTEST:
SECTION 2. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in full force and
effect from and following the passage and publication hereof as
required by law.
PASSED AND APPROVED this 12th day of July, 1988.
VERNA R. BULL, CITY CLERK
(SEAL)
ORDINANCE NO. 1481
d 4?).t.,
M. STANLEY JEN'S,E AYOR
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
VERNA R. BULL, hereby certifies that she 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 12th day of July, 1988.
7
VERNA R. BULL, CITY CLERK
ORDINANCE NO. 1482
AN ORDINANCE LEVYING TAXES ON ALL TAXABLE PROPERTY WITHIN THE
CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FOR THE FISCAL YEAR
COMMENCING AUGUST 1, 1988, AND ENDING ON JULY 31,, 1989, 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, 1988, a tax on all property within the
corporate limits of said City in the amount of $581,724.00, which
will result in a levy of 47.76 cents per $100.00 of assumed - total
tentative valuation of $121,809,594.00.
SECTION 2. All taxes levied herein shall be and become
due, and remaining unpaid, shall.become delinquent as provided by
law.
SECTION 4.
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, with levies required to raise the necessary amount for
the maintenance of said City and the amount required or
authorized to be raised by statute.
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 25th day of July, 1988.
ATTEST:
VERNA R. BULL, CITY CLERK
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
?)-2
M. STANLEY JENSEN
VERNA R. BULL hereby certifies that she is the duly
appointed, qualified and acting City Clerk of the City of Blair,
Nebraska, and that the above and fdregoing Ordinance was passed
at a regular meeting of the Mayor and City Council of said City
held on the 25th day of July, 1988.
L.,„„
VERNA R. BULL, CITY CLERK
ORDINANCE NO.
1483
AN ORDINANCE TO BE TERMED THE "ANNUAL APPROPRIATION BILL"
APPROPRIATING SUCH SUMS OF MONEY NECESSARY TO DEFRAY ALL
NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF BLAIR,
NEBRASKA, FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF
AUGUST, 1988, 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
$5,176,778.00 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 1988-
1989 fiscal year.
SECTION 2. That the following amounts be and hereby are
appropriated from the various .funds to the use and purpose
hereinafter specified, to -wit:
FUND - ALL SOURCES EST.
General Fund $1,273,186.00
Debt Service $ 113,061.00
Street $ 970,516.00
Blair Apartments $ 81,051.00
Water $ 910,680.00
CDBG (CD) $ 1,764.00
Insurance $ 239,884.00
Sewer $ 286,208.00
Water Bond $ 979,393.00
Sewer Bond $ 70,652.00
Capital Outlay Res. $ 125,357.00
CDBG (ED) $ 125,026.00.
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.
ATTEST:
!�G�A ♦ ii., „,
VERNA R. BULL, CITY CLERK
(SEAL)
STATE OF NEBRASKA
WASHINGTON COUNTY
VERNA R. BULL hereby certifies that she 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
Passed and approved this 25th day of July, 1988.
)ss
25th day of July, 1988.
M. STANLEY JENSEN
VERNA R. BULL, CITY CLERK
ORDINANCE NO. 1484
AN ORDINANCE SETTING AND FIXING THE COMPENSATION FOR THE OFFICERS
AND EMPLOYEES 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, AS FOLLOWS:
SECTION 1. That the compensation for the officers and
employees of the City of Blair which will be effective August 7,
1988, is hereby established and set as follows: Bi- Weekly
Salaries: Doug Bullock - $1,544.00, Verna Bull - $961.54, Alice
Diedrichsen - $670.00, Warren Whitaker - $1,215.35, Herman Alien
- $770.00, Robert Bolton - $770.00, Alan Engelke - $770.00,
Harold Jacobsen - $730.00, Lairy Jones - $610.00, Everett Paine -
$790.00, Patrick Long - $750.00, Kris Robinson - $650.00, Shawna
Reid - $510.00, Tony Hale - $1,137„.04, Eddie Kuhl - $970.00,
Darwin Shaw - $890.00, John Sacks - $790.00, John Timm - $870.00,
Nick Thallas - $770.00, Don Buttery - $870.00, Ben Scherer -
$790.00, Mitchell Robinson - $790.00, Joe Lager - $790.00, Dale
Stricklett - $750.00, Luverne Rembold - $630.00, Anne Keenan. -
$790.00, Bill Wilson - $690.00, Bob Hardy - $887.69, Teri S.
Warrick - $650.00, Peggy Frahm - $690.00, Marcia Nickerson -
$650.00, Robert Frahm - $690.00, Dan Coon - $850.00, Red Jensen -
$730.00, Mark Adams - $850.00, Dan McMurty - $570.00, Vaughn
Korth $810.00, Kenny Wulf - $810.00, Jim Stier - $810.00,
Saylor Clements - $570.00, Richard Warrick - $610.00, Bruce
Klanderud - $790.00, Dick Everhart - $850.00, Darlene Safely -
$630.00. Hourly Wages: DeAnna Jensen - $7.125 per hour, Leslee
Lorenzen - $7.875 per hour, Elizabeth Burge - $6.625 per hour.
Yearly Salaries: Councilmembers: Bob Vinton - $1,00.0.00, Jerome
Jenny - $1,000.00, Mary Jo Kubie - $1,000.00, J. Merton Kuhr
$1,000.00, James Long - $1,000.00, Bernard Kros - $1,000.00,
Frank Reyzlik - $1,000.00, James Ryan — $1,000.00, and Mayor M.
Stanley Jensen - $1,500.00.
SECTION 2. That all ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 3. 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 25th
ATTEST:
day of July, 1988.
M. 'STANLEY JENSEJS. MLYQ
VERNA R. BULL, CITY CLERK
f
VERNA R. BULL, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
VERNA R. BULL hereby certifies that she 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 25th day of July, 1988.
ORDINANCE NO. 1485
AN 'ORDINANCE REZONING THE REAL ESTATE DESCRIBED AS TAX LOTS 223
AND 224 IN SECTION 13, TOWNSHIP 18 NORTH, RANGE 11, CITY OF
BLAIR, WASHINGTON COUNTY, NEBRASKA, FROM RL - RESIDENTIAL LOW
DENSITY DISTRICT TO SC - SPECIAL - CONDOMINIUM, REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND
PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA.
SECTION 1. That the Zoning Regulations of the City of
Blair be amended so as to change the zoning designation of the
real estate described as Tax Lots 223 and 224, Section 13,
Township 18 North, Range 11, City of Blair, Washington County,
Nebraska, from RL - Residential Low Density District, to SC -
Special - Condominium, repealing all ordinances or parts of
ordinances in conflict herewith and providing when this ordinance
shall be in full force and effect.
SECTION 2. Be it further ordained by the Mayor and City
Council of the City of Blair that the official zoning maps of the
City of Blair should be changed to reflect the zoning as
established hereby.
SECTION 3. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 4. This ordinance shall be in full force and
effect from and following the passage and publication hereof as
required by law.
Passed and approved this 13th day of September, 1988.
M. STANLEY JEN/5/ENI /MAYOR
ATTEST:
(SEAL)
VERNA R. BULL, CITY CLERK
STATE OF NEBRASKA
WASHINGTON COUNTY
)ss
VERNA R. BULL, hereby certifies that she 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 13th day of September, 1988.
( Le� lv�,
VERNA R. BULL, CITY CLERK
ORDINANCE NO. 1486
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, VACATING THE ALLEY
BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 4, PRAIRIE PARK
ADDITION TO THE CITY OF BLAIR, NEBRASKA; THENCE WEST TO THE
NORTHEAST CORNER OF LOT 1, BLOCK 5 IN. SAID PRAIRIE PARK ADDITION;
THENCE SOUTH TO THE SOUTHEAST CORNER QF SAID LOT. 1, BLOCK 5;
THENCE EAST ON THE EASTERLY PROJECTION OF THE SOUTH LINE OF LOT
1, BLOCK 5 TO THE WEST LINE OF BLOCK ;4; THENCE NORTH ALONG THE
WEST LINE OF BLOCK 4 TO THE POINT. OFOIEGINNING, REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES CONFLICT HEREWITH AND
PROVIDING WHEN THIS ORDINANCE SHALL EeIN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR ANQ'CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA.
SECTION 1. That the alley beginning at the Northwest
corner of Lot 1, Block 4, Prairie Park Addition to the City of
Blair, Nebraska; thence West to the Northeast corner of Lot 1,
Block 5 in said Prairie Park Addition; thence South to the
Southeast corner of said Lot 1, ,Block 5; thence East on the
Easterly projection of the South line 'of Lot 1, Block 5 to the
West line of Block 4; thence North along the the West line of
Block, 4 to the point of beginning, is hereby. vacated and
abandoned by the municipality, reserving unto the City of Blair,
its
purposes.
successors and assigns, any and all easements for utility
SECTION 2. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in full force and
effect from and following the passage and publication hereof as
required by law.
PASSED AND APPROVED this 27th day of September, 1988.
ATTEST:
VERNA R. BULL, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
VERNA R. BULL, hereby certes that she is the duly
appointed, qualified and acting City Cierk 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 September, 1988.
VERNA R. BULL, CITY CLERK
ORDINANCE NO.
1487
AN ORDINANCE PROVIDING FOR THE SALE OF A TRACT OF LAND DESCRIBED
AS LOT 6 AND THE EAST 38.2 FEET OF LOT 7, BLOCK 26, ORIGINAL
TOWNSITE OF BLAIR, WASHINGTON COUNTY, NEBRASKA, PROVIDING FOR THE .
TERMS AND CONDITIONS OF SAID SALE, RE1?EALaNG ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDI.NG WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND ..EFFECT.
BE IT ORDAINED BY THE MAYOR CUT/ COUNCIL OF THE CITY
OF BLAIR, NEBRASKA.
SECTION 1. That the real estate d asCtibed as Lot 6 and
the East 38.2 'feet of Lot 7, Block 26, Original Townsite of
Blair, Washington County, Nebraska, should be sold and 'conveyed
by the City of Blair, Nebraska, to Jim Judt.
SECTION 2. That the consideration to be paid by Jim
Judt for such real estate is the'sum of $2,555.00 payable in cash
upon closing. The conveyance shall be by Quit Claim Deed and the
City shall not be required to provide an abstract or title
insurance.
SECTION 3. That the Mayor and City Clerk of the City of
Blair, Nebraska, are hereby authorized and directed to execute
any and all necessary documents to effectuate such conveyance.
SECTION 4. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 5. This ordinance shall be in full force and
effect from and following the passage and publication hereof as
required by Law.
PASSED AND APPROVED THIS 27th day of September, 1988.
M. STANLEY JE.NSI /,'OR
ATTEST:
VERffA R. BULL, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
VERNA R. BULL, hereby certifies that she is the duly
appointed, qualified and acting City Clerk of the City of Blair,
if
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 September, 1988.
(Th
VERNA R. BULL, CITY CLERK
ORDINANCE NO. 1488
° An ordinance of the City of Blair, Nebraska, codifying the
general ordinances of the Municipality, repealing prior
ordinances in conflict herewith.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BLAIR,
NEBRASKA.
Section 1, Codification. The general ordinances of the
Municipality of Blair, Nebraska, are hereby codified into twelve
chapters and the articles and sections hereunder, which are
adopted and declared to be ordinances of this Municipality.
Section 2. Repeal of Prior Ordinances in Conflict. All
ordinances and parts of ordinances of a general or permanent
nature passed and approved prior to the passage and approval of
this codification ordinance and in conflict with this ordinance
or with any of the provisions of this ordinance, are ,
repealed; Provided, that in construing the provisions of this
ordinance the following ordinances shall not be considered or
held to be ordinances of a general or permanent nature, to -wit:
1. Ordinances vacating streets and alleys.
2. Ordinances authorizing or directing public
improvements to be made.
3. Ordinances levying' taxes or special
assessments.
4. Ordinances granting a franchise, or special
license to persons, firms, or corporations.
5. Ordinances providing for the issuance of
bonds or other instruments of indebtedness.
6. Ordinances establishing grades.
7. Real Estate Transactions.
8. Any other ordinance which by nature would
be considered special.
Section 3. Exceptions. The repeal of ordinances as provided
in Section 2, Ordinance No. 1488 shall not affect any rights
acquired, fines, penalties, forfeitures, or liabilities incurred
thereunder, or actions involving any of the provisions of such
ordinances and parts thereof prior to repeal. Such ordinances
above repealed are hereby continued in force and effect after the
passage, approval and publication of this general codification
ordinance for the purpose of all rights, fines, penalties,
forfeitures, liabilities, and actions therefor.
Section 4. Defining Chapters, Articles, and Sections. The
chapters, articles, and sections as set forth herein shall be and
hereby are declared to be the chapters, articles, and sections of
this general codifications ordinance. All ordinances hereafter
passed by the local Governing Body of the Municipality shall be
numbered consecutively, beginning with No.1489 .
Section 5. Severability. If any section, subsection,
paragraph, sentence, clause, phrase, term or provisions of this
ordinance should be declared invalid by any court of competent
jurisdiction for any reason whatsoever, such decision shall not
affect the remaining portions of this code, which will remain in
full'force and effect, and the provisions of this ordinance are
hereby declared to be severable.
Section E. Blanket Penalty. Any person, his or her agents,
or servants who shall violate any of the provisions of this
Municipal Code unless otherwise specifically provided herein,
shall be deemed guilty of a misdemeanor and upon conviction
thereof, shall be fined in any sum not exceeding one hundred
($100.00) dollars. Whoever aids, abets, procures, encourages,
requests, advises, or incites another to commit any act which is
an offense under this Code or under any other ordinance of the
Municipality may be prosecuted and punished as though he or she
were the principal offender.
Section 7. General Definitions:
1. Person. Whenever used in this code, the
word person shall include natural persons,
artificial persons, such as corporations,
co partnerships, associations, and all
aggregate organizations of whatever
character.
2. Gender and Number. All words used herein
implying the masculine gender may apply
to, and include the feminine or neuter
gender and all words importing the plural
may be applied to, and mean a single
person, firm, or things. All words
importing the singular number may be
applied to and mean the plural number.
3. Code, Ordinance, and Chapter. Municipal
Code shall mean the General
Codification Ordinance No. . Ordinance
and chapter are used synonymously unless
from the context the contrary clearly
appears.
4. Municipal and Municipality. The words
Municipal and Municipality whenever used in
this code shall mean the City of Blair,
Nebraska, a Municipal Corporation.
5. Governing Body. The words Governing Body,
whenever they appear in this Code mean the
Mayor and City Council of the Municipality.
6. Mayor. The word Mayor means the Chief
Executive Official of the Municipality
whenever it appears in this Code.
7. Municipal Police. Municipal Police shall
mean any police officer of the Municipality
whenever it appears in this Code.
Section 8. Time. Whenever words fixing or importing time
or the hour of the day are used in this Code, they shall be
construed to mean Central Standard Time or Central Daylight
Savings Time whichever is applicable.
Section 9. Construction of Chapters, Articles, and Sections.
For purposes of construction each chapter contained and arranged
in this Code shall be considered as a separate and distinct
ordinance grouped for convenience under the General Codification
Ordinance No. 1488 , each section appearing in the several
chapters of this Code shall be considered a separate and distinct
unit of legislation germane to the chapter or article under which
it is grouped and each article appearing in the said chapters
shall be considered as a group of legislative units germane to
the chapter wherein it is placed. Any chapter, article, or
section duly enacted by the Governing Body of the Municipality
and included in this Code and any other independent ordinance,
chapter, article, section, or subsection of an ordinance duly
enacted shall be altered, amended, or revised only by the
complete nullification and repeal of such ordinance, chapter,
article, section, or subsection and by the substitutipn of a new
ordinance, chapter, article, section, or subsection containing
the entire ordinance, chapter, article, section, or subsection as
amended, altered, or revised.
Section 12. Publication and Distribution. This code was
printed in book form under the direction of the Governing Body,
and shall be distributed' pursuant to the policies of the
Municipality. (Ref. 17 -613, 17 -614 RS Neb.)
Section 11. When Operative. This ordinance shall be in full
force and shall take effect from' and after its passage, approval
and publication according to law.
Passed and approved this 27th day of September, etiq ta
M. Stanley Je -n Mayor
ATTES
Verna R. Bull, City Clerk
(SEAL)
STATE OF NEBRASKA 1
)ss
WASHINGTON COUNTY )
VERNA R. BULL, hereby certifies that she 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 September, 988.
&/A,w f • i
VERNA R. BULL, CITY CLERK
ORDINANCE NO. 1489
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, VACATING THE FOLLOW-
ING DESCRIBED PROPERTY: BEGINNING AT THE NORTHEAST CORNER OF LOT
1, BLOCK 8, DEXTER'S ADDITION TO THE CITY OF BLAIR; THENCE WEST
ALONG THE NORTH LINE OF LOT 1 A DISTANCE OF 150, FEET TO THE
NORTHWEST CORNER OF SAID LOT 1; THENCE NORTH ON THE NORTHERLY
EXTENSION OF THE WEST LINE OF LOT 1 A DISTANCE OF 10.00 FEET;
THENCE EASTERLY PARALLEL TO THE NORTH LINE OF LOT 1 A DISTANCE OF
150.00 FEET; THENCE SOUTHERLY ALONG THE WEST RIGHT OF WAY OF 23RD
STREET A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING, RE-
PEALING ALL ORDINANCES OR PARTS, OF ORDINANCES IN CONFLICT HERE-
WITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND
EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA.
SECTION 1. That THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 8, ' ® DEXTER'S
ADDITION TO THE CITY OF BLAIR; THENCE WEST ALONG THE NORTH LINE
OF LOT 1 A DISTANCE OF. 150.00 FEET. TO THE NORTHWEST CORNER OF
SAID LOT 1; THENCE NORTH ON THE NORTHERLY EXTENSION OF THE WEST
LINE OF LOT 1 A DISTANCE OF 10.00 FEET; THENCE EASTERLY PARALLEL
TO THE NORTH LINE OF LOT 1 A DISTANCE OF 150.00 FEET; THENCE
SOUTHERLY ALONG THE WEST RIGHT OF WAY OF 23RD STREET A DISTANCE
OF 10.00 FEET TO THE POINT OF BEGINNING, is hereby vacated and
abandoned by the municipality, reserving unto the City of Blair,
its successors and assigns, any and all easements for utility
purposes.
SECTION 2. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in full force and
effect from and following the passage and publication hereof as
required by law.
ATTEST:
PASSED AND APPROVED this 9th day of November, 1988.
VERNA R. BULL, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
M. STANLEY JEN N I`AYOR
VERNA R. BULL, hereby certifies that she 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 9th day of November, 1988.
VERNA R. BULL, CITY CLERK
ORDINANCE NO. 1490
AN ORDINANCE PROVIDING FOR THE SALE OF A TRACT OF LAND DESCRIBED
AS BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 8, DEXTER'S
ADDITION TO THE CITY OF BLAIR; THENCE WEST ALONG THE NORTH LINE
OF LOT 1 A DISTANCE OF 150.00 FEET TO THE NORTHWEST CORNER OF
SAID LOT 1; THENCE NORTH ON THE NORTHERLY EXTENSION OF THE WEST
LINE OF LOT 1 A DISTANCE OF 10.00 FEET; THENCE EASTERLY PARALLEL
TO THE NORTH LINE OF LOT 1 A DISTANCE OF 150.00 FEET; THENCE
SOUTHERLY ALONG THE WEST RIGHT OF WAY OF 23RD STREET A DISTANCE
OF 10.00 FEET TO THE POINT OF BEGINNING, IN THE CITY OF BLAIR,
WASHINGTON COUNTY, NEBRASKA PROVIDING FOR THE TERMS AND CONDI-
TIONS OF SAID SALE, REPEALING ALL ORDINANCES OR PARTS OF ORDI-
NANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE
SHALL BE IN FULL. FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA.
SECTION 1. That the real estate described as beginning
at the Northeast corner of Lot 1, Block 8, Dexter's Addition to
the City of Blair; thence West along the North line of Lot 1 a
distance of 150.0 feet to the Northwest corner of said Lot 1;
thence North on the Northerly extension of the West line of Lot 1
a distance of 10.00 feet; thence Easterly parallel to the North
line of Lot 1 a distance of 150.00 feet; thence Southerly along
the West right of way of 23rd Street a distance of 10.00 feet to
the point of beginning, in the City of Blair, Washington County,
Nebraska, should be sold and conveyed by the City of Blair,
Nebraska, to Edwin S. Belles and Jacque A. Belles.
SECTION 2. That the consideration to be paid by Edwin
S. Belles and Jacque A. Belles for such real estate is the sum of
$990.00 payable in cash upon closing. The conveyance shall be by
Quit Claim Deed and the City shall not be required to provide an
abstract or title insurance.
SECTION 3. That the Mayor and City Clerk of the City of
Blair, Nebraska, are hereby authorized and directed to execute
any and all necessary documents to effectuate such conveyance.
SECTION 4. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 5. This ordinance shall be in full force and
effect from and following the passage and publication hereof as
required by law.
PASSED AND APPROVED THIS day of November, 1988.
ATTEST:
VERNA R. BULL, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
M. 'STANLEY JENS
of November, 1988.
(L2.,
VERNA R. BULL, CITY CLERK
P
VERNA R. BULL, hereby certifies that she is the duly
appointed, qualified and acting City Clerk of the City of Blair,
Nebraska, and that the above and foregoing Ordinance was passed
at a regular meeting of the Mayor and City Council of said City
held on the 22nd day
69 q L
ORDINANCE NO. 1491
9OJN23 P ' 9
AN ORDINANCE ANNEXING THE REAL ESTATE DESCRIBED AS THE SOUTH S
ONE- QUARTER OF THE NORTHEAST ONE- QUARTER AND TAX LOTSaM4E$iNJU1;
IN SECTION 10, TOWNSHIP 18 NORTH, RANGE 11 EAST OF
WASHINGTON COUNTY, NEBRASKA, REPEALING ALL ORDINANCES dikANOMS OF
ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDI-
NANCE SHALL BE IN FULL FORCE AND EFFECT.
BE ,IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA:
SECTION 1. That the City of Blair is the owner of a
tract of land described as THE SOUTHWEST ONE- QUARTER OF THE
NORTHEAST ONE- QUARTER AND TAX LOTS 118 AND 122 IN SECTION 10,
TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON
COUNTY, NEBRASKA, lying outside the limits of the City of Blair
and that the Mayor and City Council of the City of Blair desire
that said territory which is contiguous to the City of Blair be
annexed to the City.
SECTION 2. That the tract of land described herein be
and the same hereby is annexed to the City of Blair Nebraska.
SECTION 3. The limits of the City of Blair, Nebraska,
are hereby extended to include this territory.
SECTION. 4. All ordinances or parts of ordinances in .
conflict herewith are hereby repealed.
SECTION 5. This ordinance shall be in full force and
effect from and after its passage, approval and publication as
provided by law.
PASSED AND APPROVED this 2nd day of November, 1988.
OF WASHINGTON) allr ° 6 CITY OF BLAIR, NEBRASKA
a AND FILED FOR
X111
M. STANLEY JENS
ATTEST:
_OWA, /71„.(.. 0/
.VERNA Rt BULL, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
VERNA R. BULL, hereby certifies that she 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 November, 1988.
,d v‘s,
VERNA R. BULL, CITY CLERK
70 er
ORDINANCE NO. 1492
AN ORDINANCE REZONING THE REAL ESTATE DESCRIBED AS LOTS 27 AND 28
IN BLOCK 14, CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FROM ML
- LIGHT INDUSTRIAL AND MANUFACTURING DISTRICT TO CN - NEIGHBOR-
HOOD COMMERCIAL DISTRICT, REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE
SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA.
SECTION 1. That the Zoning Regulations of the City of
Blair be amended so as to change the zoning designation of the
real estate described as Lots 27 and 28, Block 14, City of Blair,
Washington County, Nebraska, from ML - Light Industrial and
Manufacturing District, to CN - Neighborhood Commercial District.
SECTION 2. Be it further ordained by the Mayor and City
Council of the City of Blair that the official zoning maps of the
City of Blair should be ,changed to reflect the zoning as
established hereby.
SECTION 3. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 4. This ordinance shall be in full force and
effect from and following the passage and publication hereof as
required by law.
Passed and approved this nth
ATTEST:
L 242-et , A
VERNA R. BULL, CITY CLERK
(SEAL)
day of December, 1988.
M. STANLEY JE r.E AYOR
STATE OF NEBRASKA
)ss
WASHINGTON COUNTY
VERNA R. BULL, hereby certifies that she 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 13th day of December, 1988.
4 LJu /u
VERNA R. BULL, CITY CLERK
ORDINANCE, NO. 7ial
AN ORDINANCE CREATING SECTION 9 -402 OF THE MUNICIPAL CODE, PRO-
VIDING FOR AN -EXCEPTION TO THE UNIFORM PLUMBING CODE AS ADOPTED
BY THE MUNICIPALITY, SPECIFYING CERTAIN.EXCEPTIONS FOR THE USE OF
PLASTIC PIPE, AND FOR THE SPECIFICATIONS THEREOF, "AMENDING SEC-
TION 9 -106 OF THE MUNICIPAL CODE PROVIDING FOR THE REQUIREMENT OF
CERTAIN PLANS AND SPECIFICATIONS, REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA.
SECTION 1. That Section 9 -402 of the Municipal Code of the
City of Blair is hereby created to read as follows:
Sec. 9 -402 PLUMBING CODE: EXCEPTIONS Plastic sewer pipe
beneath ground level, including under residencds and
other buildings in construction within the municipality
shall be permitted and allowed so long as the sewer pipe
installed under the foundations of any buildings and
within five (5) feet of the exterior of the footings of
said buildings, is that of schedule 40 or greater and so
long as all fittings and connection units are also of a
schedule 40 or greater. Any plastic sewer pipe in-
stalled not closer than five (5) feet of the footings
and foundation of any building shall be a schedule 40 or
greater or shall be ASTM 3034 -80 (PSM SDR 35), ASTM
3033 -80 (PSP SDR 41) or an equivalent thereto. All
fittings and connection units shall be of an equal or
better quality. All connections and joints of said
plastic sewer pipe shall be approved by the building
inspector of the municipality.
SECTION 2. That Section 9 -106 of the Municipal Code of the
City of Blair is hereby amended to read as follows:
Sec. 9 -106 BUILDING INSPECTOR:, APPLICATION AND PERMIT
FORMS. Application for a building permit shall be in
writing and shall be delivered to the Municipal Clerk
who shall refer such application to the Building Inspec-
tor for rejection or authorization for issuance of a
permit. Such application shall be accompanied by speci-
fications showing the size of the proposed building or
structure and its location on the lot in the case of new
construction, and in all cases the proposed construction
materials, details and type of construction to be used.
In the event such permit application is for the build-
ing, remodeling, repairing, or construction of or upon a
building or structure which provides for the employment,
housing, or assembly of twenty (20) or more persons or
is larger than five thousand (5000) square feet, or the
walls of such building or structure exceed thirty (30)
feet in height, the application shall be accompanied by
structural, mechanical, and electrical plans and speci-
fications.
Blank forms shall be provided by the Municipal
Clerk for the use of those applying for permits. Any
permits authorized by the Building Inspector shall be
issued by the Municipal Clerk and shall be on standard
forms for such purposes and furnished by the Municipali-
ty.
A complete record of all such applications, plans
and permits shall be kept in the office of the Municipal
Clerk.
SECTION 3. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 4. That if any section or part of 'this ordi-
nance shall be declared to be invalid or void by a Court of
competent jurisdiction, no other section shall be affected there-
by and shall, remain in full fbrce and effect.
SECTION 5. This ordinance shall be in full force and
effect from and following the passage and publication hereof as
required by law.
PASSED AND APPROVED THIS
ATTEST:
VERNA R. BULL, CITY CLERK
(SEAL)
27 th day of December, 1988.
M. STANLEY JENSE 0
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
VERNA R. BULL, hereby certifies that she 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 December, 1988.
J 1
_"")
VERNA R. BULL, CITY CLERK