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1996
ORDINANCE NO. 1774 AN ORDINANCE REZONING TAX LOT 151 IN SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST OF THE 6TH P.M., IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FROM RM - RESIDENTIAL MEDIUM DENSI- TY DISTRICT TO MH - HEAVY INDUSTRIAL AND MANUFACTURING 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 Tax Lot 151 in Section 7, Township 18 North, Range 12 East of the 6th P.M., in the City of Blair, Washington County, Nebraska, from RM - Residential Medium Density District to MH - Heavy Industrial and Manufacturing 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 estab- lished hereby. SECTION 3. All ordinances or parts of ordinances in con- flict herewith are hereby repealed.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 9-th day of January, 1996. MICHAEL A. MINES, MAYOR ATTEST: ALICE I. 600ye esesas eg , ► m$e OF a ' ► p t0 oaaa a be•• ` CITY OF •• s o 1, 's * e SEAL E • s FIRST CLASSei $ • DIEDRICHSEN, hereby certif she is the duly ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY )ss appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 9th day of .January, 1996. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1775 AN ORDINANCE REZONING LOTS 1, 2, AND 3 IN RIDGEVIEW ESTATES FIRST ADDITION, A SUBDIVISION TO THE CITY OF BLAIR, BEING A PLATTING OF A PART OF THE EAST ONE HALF OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, FROM AGG - GENERAL AGRICULTURE DISTRICT TO RMH - MULTI FAMILY RESIDENTIAL HIGH DENSITY DISTRICT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PRO- VIDING 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 Lot 1, 2, and 3 in Ridgeview Estates First Addition, a subdivision to the City of Blair, being a platting of a part of the East One Half of the Southwest Quarter of Section 1, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, from AGG - General Agriculture District to RMH - Multi Family Residential High Density 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 estab- lished hereby. SECTION 3. All ordinances or parts of ordinances in con- flict 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 February, 1996. MICHAEL A. MINES, MAYOR ATTEST: PEGGY J. FRAHM, DEPUTY CITY CLERK (SEAL) STATE OF NEBRASKA )ss WASHINGTON COUNTY ) PEGGY J. FRAIHM, hereby certifies that she is the duly ap- pointed, qualified and acting Deputy City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 13th day of February, 1996. PEGGY J. , DEPUTY CITY CLERK ORDINANCE NO. 1776 AN ORDINANCE ANNEXING THE REAL ESTATE DESCRIBEL) AS LOTS 1, 2, AND 3 IN RIDGEVIEW ESTATES FIRST ADDITION, A SUBDIVISION TO THE CITY OF BLAIR, BEING A PLATTING OF A PART OF THE EAST ONE HALF OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASXA, REPEALING ALL ORDINANCES OR PARTS OP ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING - WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. WHEREAS, the Mayor and City Council of the municipality desire that said real estate which is adjacent and contiguous to the current municipal corporate boundary 1e annexed to the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That the tract of land described as Lots 1, 2, and 3 in Ridgeview Estates First Addition, a subdivision to the City of Blair, being a platting of a part of the East one half of the Southwest Quarter of Section 1, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, be and the same hereby is annexed to the City of Blair, Nebraska. SECTION 2. The limits of the City of Blair, Nebraska are hereby extended to include the above described real. estate. SECTION 3. All ordinances or parts of ordinances in con - flict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and after its passage, approval, and publication as provided by law. ATTEST: PASSED AND APPROVED this 13th day of February, 1996. lkep PEGGY J. FRAHMM DEPUTY CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY )s CITY OF BLAIR, NEBRASKA M CHAEL A. MINES, MAYOR PEGGY J. FRAHM, hereby certifies that she is the duly appointed, qualified and acting Deputy City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 13th day of February, 1996. cicel � PEGGY J. F , DEPUTY CITY CLERK ORDINANCE NO. 1777 AN ORDINANCE ANNEXING THE REAL ESTATE DESCRIBED AS PART OF TAX LOT 19, A TAX LOT LOCATED IN THE NORTHEAST QUARTER OF THE SOUTH- EAST QUARTER IN SECTION 2 AND ALSO PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., BEGINNING AT THE NORTHEAST CORNER OF LOT 5, PINEWOOD ESTATES, WASHINGTON COUNTY, NEBRASKA, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. WHEREAS, the City of Blair have been requested by the owners to annex said real estate which is adjacent and contiguous to the current municipal corporate boundary. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That the tract of land described as part of Tax Lot 19, a tax lot located east Quarter of Section 2 the 6th P.M., Washington described as follows: in the Northeast Quarter of the South- , Township 18 North, Range 11 East of County, Nebraska, more particularly Beginning at the Northeast corner of Lot 6, Pinewood Estates, a subdivision located in said NE 1/4 of the SE 1/4 of said Section 2, said point also being on the East line of said NE 1/4 of the SE 1/4 of Section 2 said point also being on the East line of said Tax Lot 19; thence N 40 degrees 26 minutes 53 seconds West (assumed bearing) along said westerly line of Tax Lot 19, said line also being along the Northerly line of Lots 6, 5, and 2, said Pinewood Estates a distance of 445.95 feet; thence N 49 degrees 33 minutes 07 seconds East, a distance of 135.00 feet; thence S 40 degrees 26 minutes 53 seconds E a distance of 285.73 feet to a point on said East line of the NE 1/4 of the SE 1/4 of Section 2 said line also being said East line of Tax Lot 19; thence S 00 degrees 19 minutes 52 seconds E along said East line of the NE 1/4 of the SE 1/4 of Section 2 said line also being said East line of Tax Lot 19 a distance of 209.51 feet to the point of beginning, be and the same hereby is annexed to the City of Blair, Nebraska. SECTION 2. The limits of the City of Blair, Nebraska, are hereby extended to include the above described real estate. SECTION 3. All ordinances or parts of ordinances in con- flict herewith are hereby repealed. SECTION 4. 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 13th day of February, 1996. CITY OF BLAIR, NEBRASKA ATTEST: PEGGY J ��FRAHM,4 DEPUTY CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY PEGGY J. FRAHM appointed, qualified Blair, Nebraska, and passed and approved Council of said City ) 55 ) MICHAEL A. MINES, MAYOR , hereby certifies that she is the duly and acting Deputy City Clerk o f the City of that the above and foregoing Ordinance was at a regular meeting of the Mayor and City held on the 13th day of February, 1996. PEGGY J. FRAHM; DEPUTY CITY CLERK AN ORDINANCE AMENDING SECTION 1115.01(2) OF THE ZONING REGULATIONS OF THE CITY OF BLAIR, SUCH AMENDMENT ALLOWING OUTSIDE STORAGE OF CERTAIN FUELS AND GASES UNDER SPECIFIC RESTRICTIONS AND CONDITIONS, 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 1115.01(2) of the Zoning Regula- tions of the City of Blair is hereby amended to read as follows: (2) Fire Hazard: No operation shall involve the use of flamma- ble gasses, acid, liquids, grinding processes, or other inherent fire hazard, except that such operation shall be allowed for such flammable gases, acids, liquids, grinding processes, or other inherent fire hazards if same are contained, stored, utilized, processed, or restricted to a building or structure, or area or portion of same that is so constructed as to be explosion proof. No part of this section shall be construed as to prohibit the use of normal heating fuels, motor fuels, and welding gasses when handled in accordance with other City regulations. Notwithstand- ing any other provision herein, such flammable gasses, acids, liquids, and fuels may be stored outside of an explosion proof . building or structure so long as they are not located within 600 feet of a residential structure and further providing same are stored in full compliance with all Nebraska State Fire Marshall Rules and Regulations. SECTION 2. All ordinances or parts of ordinances in con- flict 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 13th day of February, 1996. ORDINANCE NO. 1778 MICHAEL A. MINES, MAYOR ATTEST: (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY DEPUTY CITY CLERK )s s ) PEGGY J. FRAHM, hereby certifies that she is the duly ap- pointed, qualified and acting Deputy City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 13th day of February, 1996. PEGGY J. FRAHi+I, DEPUTY CITY CLERK ORDINANCE NO. 1779 AN ORDINANCE ESTABLISHING CLASSES AND RATES TO BE CHARGED FOR NATURAL GAS SERVICE WITHIN 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. Rate Schedule. Monthly Charae: Hat Value. Basis Of: Adiustment: Penalty for Delinauencv: Adiustment for Cost of Purchased Gas and Taxes:. Grantee, its successors or assigns shall file and make effective initially a schedule of rates for gas service and shall furnish gas at the schedule of rates here- after set forth or at such other reasonable rates as may be hereafter established from time to time under th4 Nebraska Munic- ipal Natural Gas Regulation Act, Neb. Rev. Stat. Section 19- 4601, et seq. (1943). (1) Firm Gas Service Rates Availability - These rates are available only to domestic and commercial customers whose maximum requirements for natural gas are less than one hundred thousand (100,000) cubic feet per day. Grantee shall not be required to serve any customer at the following rates whose requirements amount to one hundred thousand (100,000) cubic feet or more per day. Grantee may negotiate price and other contract terms with customers whose natural gas requirements exceed fifty thousand (50,000) cubic feet per day. Residential Customers Amount Monthly Customer Charge $7.50 Rate per Therm - $0.10077 L 1 Ilidillllll�ulllll 1 l Commercial Customers: Monthly Customer Charge $11.00 and Rate per Therm $ .12109 The foregoing rates apply only when bills are paid on or before twenty (20) days after the monthly billing date. When not so paid, a one percent (1%) per month late feel w .11 apply on the unpaid amount. The above and foregoing rate shall be unders ood to be based upon natural gas of the British Thermal Unit (BT) heating value of 1,000 BTUs per cubic foot of gas. If in any monthly period the average heating value of gas sold and delivered to the cus- tomers shall vary from 1,000 BTUs, then the volumes of gas billed to the customers during that month shall be multiplied by the factor of average heating value in BTUs divided by 1.000 to adjust for the variance. ;fig -on and Reconnect Fee. In addition to the other rates set forth in this Ordinance, Grantee "may charge a $26.00 fee to- _initiate service ( "turn -on- fee ") for each customer account and $30.00 fee ( "reconnect fee ") to reconnect service that has -been discontinued or terminated for non - payment. (2) - 4Ad justm+ nt for Cast of Purchased Ga In addition to the Firm Gas Service Rates . set forth in Sub - Section (1) of this Ordinance, a separate charge per Therm may - be made for the monthly cost of purchased gas in the Purchased Gas Cost Adjustment, if the Grantee (or any predecessor of Grantee) has properly filed a natural gas supply- cost - adjustment rate schedule pursuant to Neb. Rev. Stat. Section 19-4609(1). Such Purchased Gas Cost Adjustment shall be computed monthly pursuant to the natural gas supply - cost - adjustment rate filed by the Grantee (or any predecessor of Grantee) pursuant to Neb. Rev. - Stat. Section 19- 4609(1). Any_ refund ;including interest thereon, if any, received by the :Company.from its supplier in respect of increased rates paid by subject to refund and applicable to natural gas pur- chased on a firm supply basis for resale in Blair, Nebraska, shall be refunded to its gas customers in the form of credits on suchacustoomers'..bills, or in cash, to the extent that such in- creased rates paid by the Company were passed on to such firm gas customers. (3) ,Adjustment for Taxes. If, after the effective date of this Ordinance, the business of Grantee in Blair, Nebraska, shall be subjected to any taxes measured by its gross revenues from the operation of such busi- ness or the volume of such business or constituting a fee for carrying on such business, or in the event that Ca) the rate of any such tax or (b) the amount of any such fee shall be increased after the effective date of this ordinance, the gas distribution company shall be entitled to increase its charges under the aforesaid rates so as to offset such imposition or impositions or such increase.. (4) General Rate Adjustment. The above provided for cost of purchased gas and tax adjust- ments are apart from and shall not in any manner limit or abridge either Grantee's right to request or the Mayor and City Council's authority to grant general rate adjustments increasing or de- creasing such rates. adjust for the variance. Turn -On and Reconnect Fee., In addition to the other rates set forth in this Ordinance, Grantee may charge a $26.00 fee to initiate service ("turn-on- fee") for each customer account and $30.00 fee ( "reconnect fee ") to reconnect service that has-been discontinued or terminated for non - payment. (2) Adiustment for Cost of Purchased Gas In addition to the Firm Gas Service Rates set forth in Sub- Section (1) of this Ordinance, a separate charge per Therm may be made for the monthly cost of purchased gas in the Purchased Gas Cost Adjustment, if the Grantee (or any predecessor of Grantee) has properly filed a natural gas supply -cost adjustment rate schedule pursuant to Neb. Rev. Stat. Section 19- 4609(1). Such Purchased Gas Cost Adjustment shall be computed monthly pursuant to the natural gas supply- cost - adjustment rate filed by the Grantee (or any predecessor of Grantee) pursuant to Neb. Rev. Stat. Section 19- 4609(1). Any refund including interest thereon, if any, received by the Company from its supplier in respect of increased rates paid by Grantee subject to refund and applicable to natural gas pur- chased on a firm supply basis for resale in Blair, Nebraska, shall be refunded to its gas customers in the form of credits on such customers' bills, or in cash, to the extent that such in- creased rates paid by the Company were passed on to such firm gas customers. (3) Adiustment for Taxes. If, after the effective date of this Ordinance, the business of Grantee in Blair, Nebraska, shall be subjected to any taxes measured by its gross revenues from the operation of such busi- ness or the volume of such business or constituting a fee for carrying on such business, or in the event that (a) the rate of any such tax or (b) the amount of any such fee shall be increased after the effective date of this ordinance, the gas distribution company shall be entitled to increase its charges under the aforesaid rates so as to offset such imposition or impositions or such increase. (4) General Rate Adiustment. The above provided for cost of purchased gas and tax adjust- ments are apart from and shall not in any manner limit or abridge either Grantee's right to request or the Mayor and City Council's authority to grant general rate adjustments increasing or de- creasing such rates. IIY8111141i llu nil 1,11 I Rate - The rate of interruptible gas service shall be such" rate as may be mutually agreed upon between the customer and that gas service company. (6) Findires of Fact and Conte f.us i c ^ s of Law The Joint Findings of Fact and Conclusions of Law which were made a part of the official record at an Area Rate Hearing are hereby adopted. The Additional Findings of Fact and Conclusions of Law which were made a part of the official record by Grantee have been considered and are hereby rejected. SECTION 2. All ordinances or parts of ordinances in con- flict 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 may of February, 1996. ATTEST: (5) Interruptible Gas Service Rate. Availability. - This rate is available only on a contract basis to commercial or industrial customers whose use of natural gas is subject to interruption and periods of curtailment for reasons including but not limited to protecting the service of Grantee's firm gas users. ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) � � s • cP L. a� ®�acsmopm© c° CITY OF ® o SEAL 9 FIRST CLASS � 0 e a ,ate® •41.9.S01. / aileron sogis JOHN ABBOTT, ACTING MAYOR STATE OF NEBRASKA WASHINGTON COUNTY ) )ss ) ALICE I. DIEDRICHSEN, 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 and approved at a regular meeting of the Mayor and City Council of said City held on the ?7th day of February, 1996. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. jiafl AN ORDINANCE REZONING TAX LOT 166 IN SECTION 10, TOWNSHIP 18 NORTH, RANGE 12 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRAS- KA, ALSO NOW KNOWN AS LOTS 1 THRU 4 INCLUSIVE IN JENSEN ACRES, A SUBDIVISION IN WASHINGTON COUNTY, NEBRASKA, FROM AGG - GENERAL AGRICULTURE DISTRICT, TO RRE - RURAL RESIDENTIAL ESTATE DIS- F LICT, LICT HEREWITH ANDPROVIDINGNWHEN THIS ORDINANCE D SI ALL BE IN FULL FREWI 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 Tax Lot 166 in Section 10, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska also now known as Lots 1 thru 4 inclusive in Jensen Acres, a subdivision in Washington County, Nebraska, from AGG - General Agriculture District to RRE - Rural Residential Estate 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 estab- lished hereby. SECTION 3. All ordinances or parts of ordinances in con- flict 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 9th day of April, 1996. .sue✓ .. MICHAEL A. MINES, MAYOR ATTEST: it_ � ALICE I. DIEDRICHSEN, CITY CLERK 1/ r!f /f /f eee c °rr OF NEIAA jCA CITY OF $HI,CO e FIRST CLASS o ° e . t ^ 6 4 ° ,�' : 4 0IEDRICHSEN, hereby certifies that she is the duly appoibtekeehualified and acting City. Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 9th day of April, 1996. )s ) ALICE I. DIEDRICHSEN, CITY CLERK NEBRASKA: CITY OF BLAIR, NEBRASKA ORDINANCE NO. 1 7 R 1 AN ORDINANCE CREATING PAVING DISTRICT NOS. 169 AND 170 IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, DESCRIBING SAID PAVING DISTRICTS AND IMPROVEMENTS TO BE CONSTRUCTED THEREIN, AND PROVIDING THAT SPECIAL ASSESSMENTS MAY BE LEVIED IN PROPORTION TO BENEFITS TO THE PROPERTY IN SAID DISTRICTS. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, Section 1. That Paving District No. 169 be and the same is hereby created within the City of Blair, Nebraska, the outer boundaries of which District shall include the following - described properties which abut the streets described below: Lots 1, 2, 4 and 5, Robinson Square Subdivision in Blair, Washington County, Nebraska Tax Lots 186 and 204 in Section 7, T18N, R12E of the 6th P.M., Washington County, Nebraska Union Pacific Railroad right -of -way adjacent to and abutting Blaine Street Southerly right -of -way. Within said District, the streets to be improved are: Blaine Street from the existing asphalt paving at the Jackson Street - River Road railroad crossing, northeasterly to the existing concrete paving at East 5th Street and Fairview Drive. Arthur Street, from Blaine Street, northerly to the north line of Robinson Square. Section 2. That Paving District No. 170 be and the same is hereby created within the City of Blair, Nebraska, the outer boundaries of which District shall include the following - described properties which abut the street described below: Tax Lots 160, 169, 170, 171, 240 and 245 in Section 7, T18N, R12E of the 6th P.M., Washington County, Nebraska. Within said District, the street to be improved is: Grant Street from the existing concrete paving at First Street, east to the existing asphalt paving at Industrial Drive. Section 3. The improvements to be constructed in Paving District Nos. 169 and 170 shall include grading, paving, curbing, guttering, storm sewer improvements and other necessary or incidental ai to the improvements. Section 4. All of said improvements sh C 11 be constructed to the established grades as fixed by ordinance of said City and shall be constructed in accordance with plans and s p e c i fi c a t i o n s t o be m a d e b y Blair F n g i n p P r i rig & S iLr v A y 1 rig employed by the City, to be approved by the City Council. Said improvements in Paving District Nos. 169 and .170 shall be made at public cost, and the cost of such improvements, excepting street intersections, shall be assessed against the propMrty within said Districts specially benefited thereby, in proportion to such benefits. Section 5. That this ordinance shall be o shall wn as Ordinance No. 1 � � i and sh 1 be in effect from and after its passage, approval and publication according to law. Passed and approved this 9th day of April , 1996. ATTEST: Clerk Alice I. Diedrichsen Mayor, Michael A. Mines. ORDINANCE NO. 1789 AN ORDINANCE REZONING TAX LOTS 150 AND 172 IN SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST OF THE 6TH P.M., IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FROM RM - SHM RESIDENTIAL MEDIUM DENSITY DISTRICT SPECIAL - MOBILE HOME DISTRICT, TO MH - HEAVY INDUSTRIAL AND MANUFACTURING DISTRICT, REPRALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS OlcoinAJVLE SHALL BE IN FULL FORCE AND EYJ'ECT. 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 Tax Lots 150 and 172 in Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska, from RM - SHM - Residential Medium Density District - Mobile Home District, to MH - Heavy Industrial and Manufacturing 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 estab- lished hereby. SECTION 3. All ordinances or parts of ordinances in con- flict 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 14th day of May, 1996. MICHAEL A. MINES, MAYOR ATTEST: .„WidatA-LL-1.4-2 ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) ss WASHINGTON COUNTY et .k.i 0F , ,..„.,.. :: ,-.., : cm: or 0 . . . : r 0 Z E : SEAL i if :: 72. e .71 go 0 0 FIRST CLASS 0 i '' ,,, `1,•:, j'„,;,.e o t ' s t. ALICE I. DIEDRICHSEN, 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 duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 14th day of May, 1996. f ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 17 R 3 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER SYSTEM REVENUE BONDS, SERIES 1996, OF THE CITY OF BLAIR, NEBRASKA, IN THE AGGREGATE PRINCIPAL AMOUNT OF THREE MILLION FIFTY THOUSAND DOLLARS ($3,050,000) FOR THE PURPOSE OF PAYING THE COST OF MAINTAINING, EXTENDING, ENLARGING AND IMPROVING THE WATERWORKS PLANT AND WATER SYSTEM OF SAID CITY; DIRECTING THE APPLICATION OF THE PROCEEDS OF SAID BONDS; PRESCRIBING THE FORM, TERMS AND DETAILS OF SAID BONDS; PLEDGING AND HYPOTHECATING THE REVENUE AND EARNINGS OF THE WATERWORKS PL ANT AND WATER SYSTEM OF SAID CITY FOR THE PAYMENT OF SAID BONDS AND INTEREST THEREON; PROVIDING FOR THE COT T FCTION, SEGREGATION AND APPLICATION OF THE REVENUES OF SAID WATERWORKS PLANT AND WATER SYSTEM; ENTERING INTO A CONTRACT ON BEHALF OF THE CITY WITH THE HOLDERS OF SAID BONDS; 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 Council of the City of Blair 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 ") which represents a revenue - producing undertaking of the City; (b) The City has issued and outstanding the following Water System Revenue and Refunding Bonds which are a lien upon and secured by a pledge of the revenue and earnings of the Water System: Water System Revenue and Refunding Bonds, Series 1992, Date of Original Issue - November 1, 1992, issued pursuant to Ordinance No. 1613 of the City, in the original principal amount of $2,495,000, of which bonds in the principal amount of $2,065,000 remain outstanding and unpaid (the "Series 1992 Bonds" or the "Outstanding Bonds. ") The Series 1992 Bonds constitute the only presently outstanding indebtedness of the City, payable from the revenues of the Water System, other than temporary notes which are to be refunded in full upon the issuance of bonds as herein authorized; (c) Under the terms of Section 14 of Ordinance No. 1613, the City is authorized to issue bonds which qualify as "Additional Bonds" of equal lien to the Outstanding Bonds provided that the "Net Revenues" test described in Section 14(b)(1) of Ordinance No. 1613 can be satisfied. With respect to said conditions, the following determinations are hereby made: 1) The "Net Revenues" of the Water System for the fiscal year ended July 31, 1995, as computed in accordance with the definition of such term as set forth in Ordinance No. 1613 and including $323,004 of revenues attributable to appropriated monies as described in subsection 2(a) and 2(b) of Ordinance No. 1613 which were in fact received and credited to the Blair Water System Fund, were not less than $578,469. The "Average Annual Debt Service Requirements" for the Series 1992 Bonds and the Series 1996 Bonds, as computed in accordance with the definition of such term as set forth in Ordinance No. 1613, are not more than $401,942. 3) Such "Net Revenues" for the most recently completed fiscal year are not less than 1.25 times such "Average Annual Debt Service" and this ordinance provides for an increase in the monthly credits into the Bond Payment Account and for a deposit to the Debt Service Reserve Account sufficient to meet the requirements of Section 14(a) of Ordinance No. 1613. 4) All conditions required by Section 14 of Ordinance No. 1613 precedent to the issuance of the bonds herein authorized as "Additional Bonds" of equal lien and standing with the Series 1992 Bonds do exist and have happened. (d) The City has constructed certain improvements to the Water System for which there are currently outstanding bond anticipation notes requiring permanent funding and that for such purpose, including funding of appropriate reserves and payment of issuance costs, it is necessary and advisable for the City to issue its revenue bonds payable from the revenues of the Water System in the form of the Series 1996 Bonds in the principal amount of $3,050,000; (e) To satisfy the funding requirements described in this Section 1, it is necessary for the City to issue its Water System Revenue Bonds, Series 1996, in the total principal amount of $3,050,000 (the "Series 1996 Bonds ") pursuant to Sections 18 -1803 to 18 -1805 R.R.S. Neb. 1943. All conditions, acts and things required by law to exist or to be done precedent to the issuance of the Series 1996 Bonds as provided for in this ordinance (the "Ordinance ") do exist and have been done and performed in regular and due time and form as required by taw. Said Series 1996 Bonds will be payable from the revenues of the Water System and be on a parity with the lien of the Series 1992 Bonds authorized by Ordinance No. 1613 and shall be equally and ratably secured therewith and entitled to the security and benefits of said ordinance and this Ordinance -2- 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 under contract (the "OPPD Contract ") 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 ar .,, . annually from such payment certain amounts 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 Series 1992 Bonds and the Series 1996 Bonds, 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 appropriate from year to year in each year an amount payable under the OPPD Contract in an amount not less than the amounts falling due with respect to the Series 1992 Bonds in the May and November immediately following each such April, commencing with appropriations to be made in 1996, 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 Series 1992 Bonds and the Series 1996 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 a 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 parentheses elsewhere in this Ordinance, the following definitions of terms shall apply, unless the context shall clearly indicate -3- 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 Series 1992 Bonds and the Series 1996 Bonds, including any 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 Series 1992 Bonds and the Series 1996 Bonds, according to their terms and the terms of said Section 15. "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 Ion est bond of any issue for which such computation is required has to run to m 'ty. In making such computation, the principal of any bonds for which u i datory 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 ivaranteed by the United States of America. "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 ordinai;r expenses to the City of operating and maintaining the Water System payable from the Operation and Maintenance Account described in 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 a shown by an audit for the fiscal . year in question as conducted by inde ndent certified public accountants. In addition to the amount so computed d as a part of the term "Net Revenues" as herein defined, there shall be added to the gross revenues of the Water System any monies pledged or 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 such as the source described and referred to in Section 2 as and to the extent that such pledged or appropriated monies are in fact received and credited to the Blair Water System Fund, as described in Section 12 of this ordinance. "Paying Agent and Registrar" shall mean the Treasurer of the City of Blair, Nebraska, as appointed to act as the combined paying agent and bond registrar for the Series 1996 Bonds pursuant to Section 5 hereof. Section 4. For the purposes described in Section 1 hereof, there shall be and there are hereby ordered issued the negotiable bonds of the City of Blair, Nebraska, to be known as "Water -4- System Revenue Bonds, Series 1996" (the "Series 1996 Bonds "), in the principal amount of Three Million Fifty Thousand Dollars ($3,050,000), with such Series 1996 Bonds bearing interest at the rates per annum and maturing on June 15 of the years shown in the principal amounts as follows: Amount of Interest Date of Principal Rate to Maturity Maturity Maturing or Earlier Redemption June 15, 1997 $250,000 4.05% June 15, 1998 260,000 4.25 June 15, 1999 270,000 4.50 June 15, 2000 280,000 4.60 June 15, 2001 295,000 4.70 June 15, 2002 305,000 4.85 June 15, 2003 320,000 5.00 June 15, 2004 340,000 5.10 June 15, 2005 355,000 5.25 June 15, 2006 375,000 5.40 The Series 1996 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 Series 1996 Bonds shall be June 15, 1996. Interest on the Series 1996 Bonds, at the mpective rates for each maturity, shall be payable on June 15, 1997, and semiannually thereafter on December 15 and June 15 of each year (each of said dates an "Interest Payment Date ") and the Series 1996 Bonds shall bear such interest from the date of original issue or the most recent Interest Payment Date, whichever is later. Interest shall be computed on the basis of a 360 -day year consisting of twelve 30 -day months. The interest due on each Interest Payment D to shall be payable to the registered owners of record as of the close of business on the last business 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 Series 1996 Bonds shall be numbered from 1 upwards in the order of their issuance. No Series 1996 Bond shall be issued originally or upon transfer or partial redemption having more than one principal maturity. The initial bond numbering and -5= principal amounts for each of the Series 1996 Bonds issued Treasurer as directed by the initial purchaser thereof. Payment of interest due prior to maturity or earlier redemption on the Series 1996 Bonds shall be made by the Paying Agent and Registrar, as designated pursuant to Section 5 hereof, by mailing a chec or draft in the amount due for such interest on each Interest Payment Date to the registered o er of each Series 1996 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 and unpaid accrued interest thereon due at maturity or at any date fixed for books for the registration and transfer of the Series 1996 Bon AA t -6- be designated by the City's redemption prior to maturity shall be made by said Paying Agent and Registrar to the registered owners upon presentation and surrender of the Series 1996 Bonds to said Paying Agent and Registrar. The City and said Paying Agent and Registrar may treat the registered owner of any Series 1996 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 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 Series 1996 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 Series 1996 Bands or claims for interest to the extent of the sum or sums so paid. Section 5. The City Treasurer is hereby designated as the Paying Agent and . Registrar for the Series 1996 Bonds. The Paying Agent and Registrar shall keep and maintain for the City at the City offices. The navies and registered addresses of the registered owner or owners of the Series 1996 Bonds shall at all times be recorded in such books. Any Series 1996 Bond may be transferred pursuant to its -7- 1 L, 1 1 1,111,1 di 1.1,h, .u. III.I 1 Il i li .iili Lltli provisions at the 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 such owner's 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 transf 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 Series 1996 Bond or Series 1996 Bond of the same interest rate, aggregate principal amount and maturity. To the extent of the denominations authorized for the Series 1996 . 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 Series 1996 Bond, the surrendered Series 1996 Bond or Bonds shall be canceled arid destroyed. All Series 1996 Bonds issued upon transfer of the Series 1996 Bonds so surrendered shall be valid obligations of the City evidencing the same obligations as the Series 1996 Bonds surrendered and shall be entitled to all the benefits and protection of this Ordinance to the same extent as the Series 1996 Bonds upon transfer of which they were delivered. The City and aid Paying Agent and Registrar shall not be required to transfer any Series 1996 Bond during any period from any Record Date until its immediately following Interest Payment Date or to tran :fer any Series 1996 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 ue on the Series 1996 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 Series 1996 Bonds as of a special date of record for payment of such II ii II . li .i n. I nlei .i defaulted interest as shall be designated by the Paying Agent and Registrar whenever monies for the purpose of paying such defaulted interest become availabl Section 7. If the date for payment of the principal of or interest on the Series 1996 Bonds shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the City of Blair 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 siLch day shall have the same force and effect as if made on the nominal date of payment. Section 8. Series. 1996 Bonds maturing on or after June 15, 2,002 shall be subject to redemption, in whole or in part, prior to maturity at any time on or after June 15, 2001, at par plus accrued interest on the principal amount redeemed to the date fixed for redemption. The City may select the Series 1996 Bonds to be redeemed in its sole discretion, but the Series 1996 Bonds shall be redeemed only in amounts of $5,000 or integral multiples thereof. Any Series 1996 Bond redeemed in part only shall be surrendered to sai3 Paying Agent and Registrar in exchange for a new Series 1996 Bond evidencing the unredeemed principal thereof. Notice of redemption of any Series 1996 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 Series 1996 Bond at said owner's registered address. Such notice shall designate the Series 1996 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 bond or bonds are to be presented for prepayment at the office of said Paying Agent and Registrar. In case of any Series 1996 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 Series 1996 Bond shall affect the sufficiency of the -8- proceedings of the City designating the Series 1996 Bonds called for redemption or the effectiveness of such call. for Series 1996 Bonds for which notice by mail has been properly given and the City shall have the right to further direct noti a of redemption for any such bond for which defective notice has been given. Section 9. The Series 1996 Bonds shall be in substantially the following form: Interest Rate Registered Owner: Principal Amount: ii flhIl!ili l,I ndi, 11 I. UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF WASHINGTON CITY OF BLAIR WATER SYSTEM REVENUE BOND SERIES 1996 No. Maturity Date June 15, KNOW ALL PERSONS 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 special sources hereinafter 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 to maturity (or earlier redemption) from the date of original issue or most recent Interest Payment Date, whichever is later, at the rate per annum specified above (said interest to be computed on the basis of a 360 -day year consisting of twelve 30-day months), payable on June 15, 1997 and on December 15 and June 15 of each year thereafter (each of said dates an "Interest Payment Date "). The principal hereof and unpaid accrued interest hereon due at maturity or upon earlier redemption are payable upon presen 'on and surrender of this bond at the office of the City Treasurer, the Paying Agent and Regis , in Blair, Nebraska. Interest on this bond due prior to maturity or earlier redemption will be aid on each Interest Payment Date by a check or draft mailed by the Paying Agent and Re • to the registered owner of this bond, as shown on the books of record maintained by theing Agent and Registrar, at the close of business on the last business 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 pa able to the person entitled thereto as of the record date such interest was payable, and shall payable to the person who is the registered owner of this bond (or of one or more prredeces or 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 bond of the total principal amount of Three Million Fifty Thousand Dollars ($3,050,000), of even date and like tenor except as to date of maturity, rate of interest and denomination which were issued by the City for the purpose of paying the costs of maintaining, extending, enlarging, and improving the waterworks plant and water system of the City, in pursuance of Sections 18 -1803 to 18 -1805, R.R.S. Neb. 1943, and has been duly authorized by ordinance (the "Ordinance") leg 1y passed, approved and published and by proceedings duly had by the Mayor and Council of s •d City. -10- Date I of Original Issue CUSIP No. June 15, 1996 ousand Dollars ($ ) Any or all of the bonds of said issue maturing on or after June 15, 2002, are subject to redemption at the option of the City, in whale or in part, at any time on or after June 15, 2001, 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 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 Lwit&t.oble by the registered owner or such owner's attorney duly authorized in writing at the office of the Paying Agent and Registrar u n surrender and cancellation of this bond, and thereupon a new bond or bonds of the same gate 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 ity, the Paying Agent and Registrar and any other person may treat the person in whose name bond is registered as the absolute owner hereof for the purpose of receiving payment due he under 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 inte st on this bond s be a Saturday, Sunday, legal holiday or a day on which banking institutia s in the City of Blair, Nebraska, 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 aid water system of the City of Blair, as now owned or hereafter acquired, (the "Water System ") are pledged and hypothecated, equally and ratably for the payment of this bond and the other bonds of this issue and for the payment of the City's Water System Revenue and Refunding Bonds, Series 1992, presently outstanding in the total principal amount of $2,065,000 (the "Series 192 Bonds "), and any additional bonds of equal priority issued in accordance with the Ordinance authorizing the bonds of this issue. The City additionally agrees that monies appropriated from certain other sources from year to year shall be applied to the payment of principal and interest on the Series 1992 Bonds and on this bond and the other bonds of this issue. The bonds of this issue are a lien only upon said revenue and earnings of the Water System 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 to the bonds of this issue and the Series 1992 Bonds may be issued. The City also reserves the right to issue bonds junior in lien to the bands of this issue and the Series 1992 Bonds, the principal and interest of which are payable from moneys in the "Surplus Account" of the Blair Water System Fund as described in the Ordinance. Said Ordinance also designates the terms . d conditions on which this bond shall cease to be entitled to any lien, benefit or security unde such Ordinance and all covenants, agreements and obligations of the City under such Ordin ce may be discharged and satisfied at or prior to the maturity or redemption of this bond if modes or certain specified securities shall have been deposited with a designateil fiduciary. This bond shall not be valid and binding on the City until authenticated by the Paying' Agent and Registrar. IT IS firatzb 1 urz. irriri) 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 foul and time as required by law. IN WITNESS WHEREOF, the Mayor and Council of the City of Blair, Nebraska, have this bond to be executed on behalf of the Qty with the facsimile signatures of the Mayor an the City Clerk and by calming the official seal of the City to be imprinted hereon, all as of the; date of original issue specified above. ATTEST: (facsimile sienature) City Clerk (SlIAL) CITY OF BLAIR, NEBRASKA (facsimile sienature) Mayor CERTIFICATE OF AUTHENTICATION AND REGISTRATI N This bond is one of the series designated therein end has been registered to the owner named in said bond and the name of such owner has been recorded in the books of record maintained by the undersigned as Paying Agent and Registrar for said issue of bonds. For value received sells, assigns, and transfers unto the within bond and hereby irrevocable 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 (FORM OF ASSIGNMENT) -13- City Treasurer, Paying Agent and Registrar for the City of Blair, Nebraska Date: Registered Owner hereby 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. Section 10. Each of the Series 1996 Bonds shall be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk and City's seal The Series 1996 Bonds shall be issued initially as "book- entry -only" bonds under the services of The Depository Trust Company (the "Depository " , with one typewritten bond per maturity being issued to the Depository. In such connection said officers are authorized to execute and deliver a Letter of Representations (the "Letter -14- • shall have imprinted thereon the f Representations ") in the form required by the Depository, for and on behalf of the City, whii h shall thereafter govern matters with respect to registration, transfer, payment and redemption the Series 1996 Bonds. In the event of issuance of the Series 1996 Bonds as "book- entry-only" bonds, the following provisions shall apply: (a) The City and the Paying Agent and Registrar shall have no responsibility or obligation to any broker - dealer, bank or other financial institution for which the Depository holds Series 1996 Bonds as securities depository (each, a "Bond Participant ") or to any person who is an actual purchaser of a Series 1996 Bond from a Bond Participant while the Series 1996 Bolds are in book -entry form (each, a "Beneficial Owner ") with respect to the follov • ng: (i) the accuracy of the records of the Depository, any nominees of the Depository or any Bond Participant with respect to any ownership interest in the Series 1996 Bonds, (ii) the delivery to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any notice with respect to the Series 1996 Bonds, including any notice of redemption, or (iii) the payment to any Bond Participnt, any Beneficial Owner or any other person, other than the repository, of any amount with respect to the Series 1996 Bonds. The Paying Agent and Registrar shall make payments with respect to the Series 1996 Bonds only to or upon the order of the Deposit ry or its nominee, and all such payments shall be valid and effective fully to satisfy and discharge the obligations with respect to such Series 1996 Bonds to. the extent of the sum or sums so paid. No person other than the Depository shall receive an authenticated Bond. (b) Upon receipt by the Paying Agent and Registrar of written notice from the Depository to the effect that the Depository is unable or unwilling to discharge its responsibilities, the Paying Agent and Registrar shall issue, transfer and exchange Series 1996 Bonds requested by the Depository in appropriate amounts Whenever the Depository requests the Paying Agent and Registrar to do so, the Paying Agent and Registrar will cooperate with the Depository in taking a r..ate action after reasonable notice (i) to arrange, with the prior written consent of the City, for a substitute depository willing and able upon reasonable and customary terms to maintain custody of the Seri 1996 Bonds or (ii) to make available Series 1996 Bonds registered in what er name or names as the Beneficial Owners transferring or exchanging su h Series 1996 Bonds shall designate. (c) If the City determines that it is desirable that certificates representing the Series 1996 Bonds be delivered to the ultimate beneficial owners of the Series 1996 Bonds and so notifies the Paying Agent and Registrar in writing, the Paying Agent and Registrar shall so notify the Depository, hereupon the Depository will notify the Bond Participants of the availability through the Depository of bond certificates representing the Series 1996 Bonds. In uch event, the Paying Agent and Registrar shall issue, transfer and exchange bon certificates representing the Series 1996 Bonds as requested by the Depository ' appropriate amounts and in authorized denominations. -15- (d) Notwithstanding any other provision of t!is Ordinance to the contrary, so long as any Series 1996 Bond is registered in the name of the Depository or any nominee thereof, all payments with respect to sich Series 1996 Bond and all notices with respect to such Series 1996 Bond shall be made and given, respectively, to the Depository as provided in the Letter of Representations. (e) Registered ownership of the Series 1996 Bonds may be transferre4 on the books of registration maintained by the Paying Agent and Registrar, and the Series 1996 Bonds may be delivered in physical foam to the following: (i) any successor securities depository or its nominee; (ii) any person, upon (A) the resignation of the Depository from its functions as depository or (B) termination of the use of the Depository pursuant to this Section and the terms of the Paying Agent and Registrar's Agreement. If for any reason the Depository resigns and is not replaced, the City shall immediately provide a supply of printed bond certificates, duly executed by manual or facsimile signatures of the Mayor and City Clerk and sealed with the City's seal, for issuance upon the transfers from the Depository and subsequent transfers or in the event of partial :redemption. In the event that such supply of certificates shall be insufficient to meet the requikements of the Paying Agent and Registrar for issuance of replacement certificates upon transfer or partial redemption, the City agrees to order printed an additional supply of such certificates 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 Series 1996 Bond shall cease to be such officer before the delivery of such bond (including such certificates 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 Series 1996 Bonds shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. The City Treasurer shall cause the Series 1996 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 Series 1996 Bonds shall be delivered to the Paying Agent and Registrar for -16- registration and authentication. Upon execution, registration, and authentication of the Series 1996 Bonds, they shall be delivered to the City Treasurer, is authorized to deliver them to Smith Barney Inc., Chiles Heider Division, as initial purchas thereof. The Series 1996 Bonds are hereby sold to said purchaser for the sum of $3,007,605, plus accrued interest, if any, thereon to date of payment and delivery. Said initial purchaser shall have the right to direct the registration of the Series 1996 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 Series 1996 Bonds, one of which shall be delivered to said purchaser. Section 11. All accrued interest received from the sale of the Series 1996 Bonds shall be applied to pay interest falling due on June 15, 1997 and shall be credited to the Bond Payment Account as described in Section 12 hereof. Expenses of be paid from the proceeds of the Series 1996 Bonds. $305,000 from the proceeds of the Series 1996 Bonds shall be deposited to the Debt Service Reserve Account. The remaining proceeds of the Series 1996 Bonds shall be held in a separate account by the City Treasurer and applied to the payment of costs of the improvements to the Water System as directed by the Mayor and Council. Such monies shall be applied without further direction to the redemption of those outstanding Water Revenue Bond Anticipation Notes, Series 1994, of the City related to improvements to the Water System which are being refinanced by the Series 1996 Bonds. Pending disbursement for project costs such funds shall be invested by the City Treasurer in such investments as are legal investments for a city of the first class as shall be determined by the City Treasurer. Section 12. The revenues and earnings of the Water System are hereby pledged and hypothecated for the payment of the Series 1996 Bonds, the Series 1992 Bonds and any Additional Bonds and interest on such Series 1996 Bonds, Series 1992 Bonds and any such Additional Bonds, and the City does hereby agree with the holders of said Series 1996 Bonds, -17- nuance of the Series 1996 Bonds may Series 1992 Bonds and Additional Bonds as follows: (a) BLAIR WATER SYSTEM FUND - entire gross revenues and income derived from.the operation of the Water Sys m, including pledges and appropriations from other sources, shall be set aside as collected and deposited in that separate fimd previously created by Ordinance No. 1613 and 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 ticcount and (5) Surplus Account. (b) BOND PAYMENT ACCOUNT - Out f the Blair Water System Fund there shall be credited monthly on or before the st day of each month to the Bond Payment Account, starting with the month o July, 1996, the following amounts: 1) during the period from and including July 1, 1996 to and including June 1, 1997, an amount equal to 1 /12th of the interest payment due on the Series 1996 Bonds on June 15, 1997: 2) during the period from and including JU1y 1, 1997 until the Series 1996 Bonds have been paid in full, an amount equal to 1 /6th of the next maturing semiannual interest payment due on the Series 1996 Bonds; 3) during the period from and including July 1, 1996 until. the Series 1996 Bonds have been paid in full, an amount equal to 1 /12th of the next maturing principal payment for the Series 1996 Bonds; and 4) during the periods set forth and in the amounts required by subsection 12(b) of Ordinance No. 1613 for the Series 1992 Bonds as are then outstanding. The City Treasurer is hereby authorized and directed, w ithout further authorization, to withdraw monies credited to the Bond Payment A :count, 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 Series 1996 Bonds, the Series 1992 Bonds or any Additional Bonds and to transfer the appropriate amounts due to the respective paying agent for the Series 1992 Bonds and the Paying Agent and Registrar (or the designated paying agent for any Additional Bonds), on or before each principal and -18- WW. interest payment date. Upon the issuance of any A ditional Bonds pursuant to this Ordinance, appropriate additional credits to the B nd Payment Account shall be provided for sufficient to pay principal and interes 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 'ty shall from time to time determine to be necessary to pay the reasonabl 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 - There is presently on hand in the Debt Service Reserve Account the sum of $232,000 as required under the terms of Ordinance No. 1613, which amount c nstitutes the amount currently required to be maintained under said ordinance with respect to the Series 1992 Bonds. In addition to such previously required balance, from the proceeds of the Series 1996 Bonds, there shall be deposited to the bt Service Reserve Account the sum of $305,000 to provide a total aggregate ount not less than the Average Annual Debt Service Requirement for the Series 1 9 Bonds and the Series 1992 Bonds. So long as both the Series 1992 Bonds and the Series 1996 Bonds are both outstanding such total aggregate amount of $537,000 shall be maintained in the Debt Service Reserve Account as the required balance. From and after June 15, 2006 (the final maturity of the Series 1996 Bonds), the balance required to be maintained in the Debt Service Reserve Account with respect to the Series 1992 Bonds shall be reduced to $187,000, unless otherbvise provided in an ordinance authorizing Additional Bonds. Monies credited .to the Debt Service Reserve Account may be withdrawn, as needed, to provid � funds to pay, when due, the principal of and interest on the Series 1996 Bonds, the Series 1992 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 d when needed. In the event of a withdrawal from the Debt Service Reserve withdrawal there shall be credited to the Debt Service Reserve Account in the month : following such withdrawal all monies in the Blair Water System Fund remaining after making the payments required to be made in such month to the Operation and Maintenance Account and Bond Payment Account and each month thereafter all such remaining monies shall be credited to the Debt Service Reserve Account until such account has been restored.to the required balance. Upon the issuance of any Additional Bonds, 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 of the Series 1996 Bonds, the Serie; 1992 Bonds, any Additional Bonds then outstanding and the proposed Additional Bonds, provided, however, -19- such amount shall not be required to exceed the maximum amount permitted to be held and invested without yield restrictions under Section' 148 of the Internal Revenue Code of 1986, as amended, and applicable regulations of the United States Treasury Department relating to Sections 103(b) and 148 of said Code. Any such required increase shall be provided for either by credit made from bond proceeds or current funds of the Water System then available or by equal monthly credits from the Blair Water System Fund made in such amounts so that the required amount shall be accumulated in a period of not More than five years. Any ordinance providing for the issuance of Additional Bonds may provide for a reduction in the amount required to be maintained ' the Debt Service Reserve Account after the Series 1996 Bonds, the Series 1 92 Bonds or any issue of Additional Bonds are no longer outstanding. (e) RENEWAL AND REPLACEMENT AC OUNT - Upon the issuance of the Series 1996 Bonds, the City shall maintain in t Renewal and Replacement Account previously established by ordinance the oust of $100,000, which amount shall represent the required balance to be maintained. 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 12(b), 12(c). and 12(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 in they Blair Water System Fund remaining after the credits required in the foregoing Subsections (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 any of the preceding Accounts, to retire any of the Series 1996 Bonds, Series 1992 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 to provide for any other la vfful purpose of the City as directed by the Mayor and City Council. The provisions of this Section 12 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 -20- municipal utility enterprises, which books and records shall show credits to and expenditures from the several Accounts required by this Section. Exc pt 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 or time deposit 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 said Accounts except the Debt Service Reserve Account may be invested in permissible investments for a City of the class to which the City of Flair belongs as of the time of such investment. Monies in the Debt Service Reserve Account or in certificates of deposit, savings accounts or other interst bearing accounts in banks which are members of the Federal Deposit Insurance Corporation, except that whenever the amount so deposited exceeds the amount of the F.D.I.C. insurance available thereon, the excess shall be secured in the manner required by Section 16 -715 R.R.S. Neb. 1943. 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 tot more than ten years. Investments -21- .y be invested in Deposit Securities 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 rquired 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 any 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 Series 1996 Bonds, the Series 1992 Bonds and any Additional Bonds issued pursuant to this Ordinance shall remain outstanding and unpaid, the City covenants and agrees to establish, revise, from time to time as necessary, and collect such rates and charges for the water and water service furnished from the Water System adequate to produce revenues and earnings sufficient at all times: (a) To provide funds to pay, when due, the principal of and interest on the Series 1996 Bonds, the Series 1992 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. (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 maintain Net Revenues in each fiscal y::ar adopted by the City for the Water System in an amount not less than 1.20 times the Average Annual Debt Service Requirements on the Series 1992 Bonds, the Series 1996 Bonds and any Additional Bonds issued pursuant to this Ordinance Section 14. To provide funds for any purpose related t) the Water System, the City may issue Additional Bonds (other than Additional Bonds issued for refunding purposes which are governed by Section 15 of this Ordinance) payable from the revenues of the Water System having equal priority and on a parity with the Series 1996 Bonds, the Series 1992 Bonds and any Additional Bonds then outstanding, only upon compliance wirh 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 Series 1996 Bonds, the Series 1992 Bonds and any Additional Bonds then outstanding and the proposed Additional Bonds and for any monthly credits to the -22- 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 Req ' ments of the Series 1996 Bonds, the Series 1992 Bon and any Additional Bonds, all as then outstanding, d of the proposed Additional Bonds; or 2) The City shall have received a projection made by a consulting engineer or firm of consultng engineers, or by a certified public account or .firm of certified public accounts (either one of which shall be recognized as having experience and expertise in municipal utility systems) projecting that the Net Revenues of the Water System in each of the three full fiscal years after the issuance of such Additional Bonds will be at least equal to 1.25 times the Average Annual Debt Service Requirements of the Series 1096 Bonds, the. Series 1992 Bonds and any Additional Bonds, all as then outstanding, and of the proposed Additional Bonds. In making such projection, the consulting ngineer or accountant 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 as follows: (A) to reflect changes in rates which have gone into effect since the beginning of the fiscal year fdr which the audit was made, (B) to reflect such engineer's or accountant's estimate of the net increase over or net decrease under the Net Revenues of the Water System for the fiscal year for which the audit was made by reason of: (i changes of amounts payable under existing contracts for s rvices; (ii) additional general income from sales to custQul rs under existing rate schedules for various classes of customers or as such schedules may be revised under a program of changes which has been adopted by the Mayor and Ccluncil of the City; (iii) projected revisions in costs for la r, wages, salaries, machinery, equipment, supplies and o er operational items; (iv) revisions in the amount of service be supplied and any related administrative or other costs associated with such increases due to increased supply from the acquisition of any new facility; (v) anticipated receipts from service to any -23- additional customer or customers for the Water System; and (vi) such other factors affecting the projections 'of revenues and expenses as the consulting engineer or accountant deems reasonable and proper. Annual debt servi on any proposed Additional Bonds to be issued may estimated by the consulting engineer or certified pub 'c accountant in projecting Average Annual Debt Service Requirements, but no Additional Bonds shall be issued =. • • ig any annual debt service payment in excess of the amount ..o estimated by the consulting engineer or certified public • • untant in any final projections furnished to the City. 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 -18 5 R.R.S. Neb. 1943, and to cause all of the revenues of such combined utilities systems to be aid into the Blair Water System Fund, which fund may be appropriately redesignated, and to provide that all of the Series 1992 Bonds, the Series 1996 Bonds and any Additional Bonds previously issued, all 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 o the other of the requirements for Additional Bonds provided in subsection 14(h) 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. In making any projections the consulting engineer or certified public accountant shall take into consideration the factors described in 14(b)(2) above -24- with respect to such additional utility or utilities. Net Revenues of the additional utility or utilities shall be based upon the report or reports of independent certified public accountants in the same manner as is required under subsection 14(b) above. Section 15. The City may issue refunding bonds, which shall qualify as Additional Bonds under this Section 15, to refund any Series 1992 Bonds, Series 1996 Bonds or Additional Bonds without compliance with the provisions of subsection 14(b) above, provided that, if any such Series 1992 Bonds, Series 1996 Bonds or Additional Bonds are to remain outstanding after the issuance of such refunding bonds, the principal payments due in any calendar year in which those bonds which are to remain outstanding mature, or in any calendar year prior thereto, shall not be increased over the amount of such principal payments due in such calendar years immediately prior to such refunding. The City may also issue refunding bonds which shall i juaiify as Additional Bonds of equal lien to refund any Series 1996 Bonds, Series 1992 Bonds or Additional Bonds then outstanding, provided, that if any such Series 1996 Bonds, Series 1992 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 -25- be refunded, then such refunding bonds must provide by their terms that they shall be junior in lien to all Series 1992 Bonds, Series 1996 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 the 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 principal and interest due on the bonds which are to be refunded from and aft 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 thereto) 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 Series -1996 Bonds, Series 1992 Bonds and any Additional Bonds are outstanding, it will not issue any bonds or notes payable from the revenues of the Water System except in accordance with the provisions of this Ordinance, provided, however, the City reserves the right to issue bonds or notes which are junior in lien to the Series 1996 Bonds, the Series 1992 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(0. The term "Additional Bonds" as used in this ordinance refers only to such bonds as are payable front the revenues of the Water System on a parity with the Series 1992 Bonds and the Series 1996 Bonds and are issued in accordance with the terms of said Sections 14 and 15. -26- i I. AIM a. L_Fir Section 17. So long as any Series 1992 Bonds, Series 1996 Bonds or Additional Bonds are outstanding, the City hereby covenants and agrees as fellows: (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 this City's obligations under Section 13 of this Ordinance. (b) The City will not grant any franchise o: r 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 syste ' as are not normally insured against loss by casualty) in the amounts and • : - ' ' the risks customarily carried by similar utilities, but including fire and extend • coverage insurance in an amount which would enable the City to repair, re • re or replace the property damaged to the extent necessary to make the • ater System operable in an efficient and proper manner to carry out the City's obligations under this Ordinance. The Mayor and Council shall annually, within one month after the end of each fiscal year adopted by the City for the Water System examine the amount of insurance carried with respect to the Water System and shall evidence approval of such insurance by resolution. The proceeds of y such insurance received by the City shall be used to repair, replace or res re the property damaged or destroyed to the extent necessary to make the ater System operable in an efficient and proper manner, and any amount of ' urance proceeds not so used shall be credited to the Surplus Account. In the even of any such insured casualty loss, the City may advance funds to make temporary repairs or provide for an advance on costs of the permanent repair, restoration or replacement from the Operation and 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 Series 1996 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 -27- of the financial statements of the Water System and I 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 deeme sufficient to cover at all times the maximum amount of money belonging to a Water System in the possession or control of any such person. The amo t of such bond or bonds shall be fixed by the Mayor and Council and the costs hereof shall be paid as an operating and maintenance expense from the Operation d 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 determined by 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 Series 1992 Bonds, the Series 1996 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 canceled by the City, or when payment of the principal of and interest thereon to the respective date of maturity or rede: mption (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 a national or state bank having trust powers, or trust company, in trust solely for such payment (1) sufficient money to make such payment 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 -28- redemption of such bonds as provided by law or made irrevocable provisions for the giving of such notice. Any such money so deposited with a bank or 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 trust company 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 ths Section 18, any Deposit Securities shall be non - callable or callable only at the option of the Bolder. 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 Series 1996 Bonds and no changes, trust company may be invested and 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 the registered owners of two-thirds (2/3rds) in principal amount of the Series 1996 Bonds, the Series 1992 Bonds and any Additional Bonds then outstanding, provided, however, that neither the principal and interest to be paid upon any bond or the maturity date cf any bond shall be changed without the written consent of all registered owners of the Series 1996 Bonds, the Series 1992 Bonds or any Additional Bonds then outstanding affected thereby. The registered owner of any Series 1996 Bond or Bonds may, either in law or in equity, by suit, action, mandamus or other proceeding, enforce or compel performance of any and all of the acts and duties required by this Ordinance, and any court of competent jurisdiction may, 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. -29- lil 3 1 /111.lhidi 1lY.IYU Section 20. The Mayor and City Cleric of the City are hereby authorized to do all things and execute all such documents as may by them be deemed necessary and proper to complete the issuance and sale of the Series 1996 Bonds as contemplated by this Ordinance. Section 21. The City hereby covenants to the purchasers and holders of the Series 1996 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 Series 1996 Bonds, which would cause the Series 1996 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 al] actions necessary under the Code to maintain the tax exempt status (as to taxpayers generally) of interest payable on the 1996 Bonds. The City hereby designates the Series 1996 Bonds as its "qualified tax- exempt obligations" pursuant to Section 265(b)(3)(B)(i)(III) of the Code and covenants and warrants that it does not reasonably expect to issue tax - exempt bonds or other tax- exempt obligations aggregating in principal amount more than $10,000,000 during calendar 1996. Section 22. In accordance with the requirements of Rule 15c2 -12 (the "Rule ") promulgated by the Securities and Exchange Commission, the City hereby agrees that it will provide the following continuing disclosure information: (a) to each nationally recognized municipal securities information repository (a "NRMSIR ") and to the initial purchaser of the Series 1996 Bonds, the City shall provide annual financial and operating information generally consistent with the information set forth under the heading "FTNANC]AL STATEMENT' in the Official Statement for said bonds, information concerning the rates and number of users for the Water System and the City's audited financial statements; such information is expected to be available not later than seven months after the end of each fiscal year for the City (currently July 31 of each year, which will be changed to September 30 from and after October 1, 1996); audited financial -30- (5) information shall be provided for governmental and i fiduciary fund types based on revenues collected and expenses paid, which is not in conformity with generally accepted accounting principles, and as to proprietary fund types on an accrual basis; (j) in a timely manner to each NRMSIR or to the Municipal Securities Rule Making Board ( "MSRB "), notice of the occurrence of any of the following events with respect to the Series 1996 Bonds, if in the judgment of the City, such event is material: (1) principal and interest payment delinquencies, (2) non- payment related defaults, (3) unscheduled draws on debt service reserves reflecting financial difficulties, (4) unscheduled draws on credit enhancements reflecting financial difficulties (there is no credit enhancement on the Series 1996 Bonds); substitution of credit or liquidity providers, or their failure to perform (not applicable to the Series 1996 Bonds); (6) adverse tax opinions or events affecting the tax- exempt status of the Series 1996 Bonds, (7) modifications to rights of the Bondholders, (8) bond calls, (9) defeasances, (10) release, substitution, or sale of property securing repayment of the Series 1996 Bonds, and (11) rating changes (the Series 1996 Bonds are not rated and no rating for the Series 1996 Bonds is expected to be requested). The City has not undertaken to provide notice of the occurrence of any other material' event, except the events listed above. (c) in a timely manner to each NRMSIR or to he Municipal Securities Rule Making Board ( "MSRB ") notice of any failure on tha part of the City to provide required annual fmancial information not later than seven months from the close of the City's fiscal year. -31- The City reserves the right to modify from time to time the specific types of information provided or the format of the presentation of such information, to the extent necessary a in the judgment of the City, consistent with the Rule. The City hereby agrees that such covenants are for the benefit of the registered owners of the Series 1996 Bonds (including Beneficial Owners) and that such covenants may be enforced by any registered owner or Beneficial Owner, provided that any such right to enforcement shall be limited to specific enforcement of such undertaking and any failure shall not constitute an event of default under the Ordinance. The continuing disclosure obligations of described above, shall cease when none of the Series 1996 Bonds remain outstanding. Section 23. If any section, paragraph, clause or provis_on of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or pr vision shall not affect any of the other provisions of this Ordinance. Section 24. 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 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 14 t h day of M a v . 1996. ATTEST: City Clerk A l GT`"ys M• »��` "3' c h s e n (SEAL) �. � ° w dTY OF % '+ i r ,..." e ` � SEAL ... * ° • w .. FIRST CLASS y, 196 .• ,••• J , -32- e City under the Ordinance, as Mayor Michael A. Mines ORDINANCE NO. 1784 AN ORDINANCE REZONING TAX LOTS 42 AND 43 N SECTION 18 AND TAX LOTS 66 AND 67 IN SECTION 19, ALL IN TOWNS IP 18 NORTH, RANGE 12 EAST OF THE 6TH P.M., AND TAX LOT 15 IN SE TION 18, AND TAX LOTS 225 AND 226 IN SECTION 13, ALL IN TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, FROM CH HIGHWAY COMMERCIAL DISTRICT AND ML - LIGHT INDUSTRIAL AND MANU- FACTURING DISTRICT TO AGG - GENERAL AGRICULTURE DISTRICT, REPEAL- ING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL $E IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY CDUNCIL 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 Tax Lots 42 and 43 in Section 18 and Tax Lots 66 and 67 in Section 19, all in Township 18 North, Range 12 East of the 6th P.M., and Tax Lot 15 in Section 18, and Tax Lots 225 and 226 in Section 13, all in Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska, from CH - Highway Commercial District and ML - Light Industrial and Manufacturing District to AGG - General Agriculture 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 estab- lished hereby. SECTION 3. All ordinances or parts of ordinances in con- flict 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. ATTEST: This Ordinance was defeated on July 9, 1996. Passed and approved this day of July, 1996. MICHAEL A. MINES, MAYOR ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA )ss WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby ertifies that she is the duly appointed, qualified and acting Ci y Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the day of July, 1996. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 17R; AN ORDINANCE TO ADOPT THE BUDGET STATEMENT TO BE TERMED THE ANNUAL APPROPRIATION BILL; TO APPROPRIATE SUMS FOR NECESSARY EXPENSES AND LIABILITIES OF THE MUNICIPALITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND AFFECT. WHEREAS, a notice of public hearing together with a summary of the proposed budget statement of the City of Blair for the fiscal year beginning October 1, 1996, and ending September 30, 1997, was published in The Pilot Tribune, the official newspaper of the City of Blair on September 3, 1996; and, WHEREAS, said budget statement was prepared on the appro- priate budget forms provided by, the State of Nebraska and was duly filed with the City Clerk. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That after complying with all procedures re- quired by law, the budget presented and set forth in the budget statement is hereby approved as the Annual Appropriation Bill for the fiscal year beginning October 1, 1996, and ending September 30, 1997. All sums of money contained in the budget statement are hereby appropriated for the necessary expenses and liabili- ties of the City of Blair. A copy of the budget documents shall be forwarded as provided by law to the Auditor of Public Ac- counts, State Capitol, Lincoln, Nebraska, and to the County Clerk of Washington County, Nebraska, for use by the levying authority. SECTION 2. All ordinances or parts of ordinances in con- flict 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 10th day of September, 1996. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEA) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) MICHAEL A. MINES, MAYOR SIP CITY of P b SEAL ©# o FIRST CLASS ee pprr . 9.6 °�o1e o ao � S that she is the ALICE I. DIEDRICHSEN, hereby certifies appo nted, 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 10th day of September, 1996. ALICE I. DIEDRICHSEN, CITY CLERK duly. ATTEST: ( ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1786 AN ORDINANCE REZONING LOTS 1 THROUGH 4, BLOCK 57, CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FROM CCB - CENTRAL BUSINESS DISTRICT TO RMH - MULTI- FAMILY RESIDENTIAL HIGH DENSITY DISTRICT, REPEAL- ING 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 Lots 1 through 4, Block 57, City of Blair, Washington County, Nebraska, from CCB - Central Business District to RMH - Multi- Family Residential High Density 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 estab- lished hereby. SECTION 3. All ordinances or parts of ordinances in con- flict 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 10th day of September, 1996. G MICHAEL A. MINES, MAYOR STATE OF NEBRASKA WASHINGTON COUNTY )ss ALICE I. DIEDRICHSEN, 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 duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the loth day of September, 1996. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1787 AN ORDINANCE ADOPTING A COMPREHENSIVE DEVELOPMENT PLAN FOR THE CITY OF BLAIR, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. Whereas, the Mayor and City Council adopted a Comprehensive Development Plan and adopted same in 1981; and, Whereas, the growth and development within the municipality and its two (2) mile planning and zoning jurisdiction area neces- sitated an update and revision of said 1981 Comprehensive Devel- opment Plan; and, Whereas, the Blair Planning Commission, pursuant to 19 -901 et. seq. has held public hearings on said Comprehensive Develop- ment Plan and has submitted its final report to the Mayor and City Council; and, Whereas, the Mayor and City Council have held a public hearing on the final report of the Blair Planning Commission for the adoption of a current Comprehensive Development Plan; and, Whereas, said Plan is in conformity with Section 19 -903 R.R.S. Neb. and is acceptable to the Mayor and City Council. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Comprehensive Plan attached hereto, marked Exhibit "A," and by this reference made a part hereof is hereby adopted by the City of Blair as its Compre- hensive Development Plan. All ordinances or parts of ordinances in conflict herewith are hereby repealed. This ordinance shall be in full force and effect from and ATTEST: following the passage and publication hereof in pamphlet form as required by law. PASSED AND APPROVED this 10th day of September, 1996. ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ALICE I. DIEDRICHSEN, hereby certifies appointed, qualified and acting City Nebraska, and that the above and foregoing ALICE I. that she is the Clerk of the City of Blair, Ordinancew7s passed and approved at a regular meeting of the Mayor and City Council of Said City held on the 10th day of September, 1996. DIEDRICHSEN, CITY CLERK duly ORDINANCE NO. 17R8 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 10 - - 96 , is hereby established and set as follows: Bi- Weekly Salaries: City Administrator - $2,056.00, City Clerk - $1,043.62, Police Chief - $1,644.36, Director of Public Works - $1,644.36, Street Supervisor - $1,093.20. In addition to the compensation as set forth hereinabove, the employees, officers, and elected officials of the municipality shall be entitled to coverage under the health and accident insurance, life insurance, and such other benefits as may be designated by the personnel manual. SECTION 2. That the City Administrator shall be paid an automobile allowance of $ 310.00 per month and the Director of Public Works shall be paid an automobile allowance of $150.00 per month. SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. That this ordinance shall be in force and take effect from and after its passage, approval and publication as provided by law. Passed and approved this a. i / I crryoF At l * SEAL 9 M L A. MI MA ° OR • • •. nRsT c1 Ass o f ap B{9 A V ,10° 6 ALICE I. DIEDRICHSEN, CITY CLERK (SE;AL ) STA OF NEBRASKA WASHINGTON COUNTY )ss ) 12th day of November, 1996, ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City f Blair, Nebraska, and that the above and foregoing ordinance w s passed at a special meeting of the Mayor and City Council of said City held on the 12th day of November, 1996 . ALICE L. DIEDR3CHSEN, CIT'm CLERK AN ORDINANCE VACATING THE EIGHTEENTH STREET RIGHT OF WAY NORTH OF THE NORTH RIGHT OF WAY LINE OF FRONT STREET AND SOUTH OF TAX LOT 521 IN SECTION 11, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, RESERV- ING, HOWEVER, UNTO THE CITY OF BLAIR A PERPETUAL EASEMENT FOR UTILITIES LOCATED IN SAID STREET, INCLUDING BUT NOT LIMITED TO WATER AND SEWER LINES, REPEALING ALL ORDINANCES OR PARTS 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, AS FOLLOWS: SECTION 1. The Eighteenth Street Right of Way North of the North Right of Way line of Front Stret and South of Tax Lot 521 in Section 11, Township 18 North, Range 11 East of the 6th P.M., in the City of Blair, Washington County, Nebraska, or otherwise described as that portion of the Eighteenth Street Right of Way adjacent and lying East of Lot 1, Block 30, original Townsite in the City of Blair, Washington County, Nebraska, is hereby vacated providing, however, the City of Blair hereby reserves a perpetu- al easement for utilities located in said alley, including but not limited to water and sewer lines. SECTION 2. All ordinances or parts of ordinances in con- flict 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 November, 1996. ORDINANCE NO. 1789 MI 1I0, c MAYOR arl OF P ° 6 tl� 1 h 4 FIRST CLASS STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 26th day of November, 1996. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1790 AN ORDINANCE PROVIDING FOR THE SALE OF A TRACT OF LAND DESCRIBED AS THE EIGHTEENTH STREET RIGHT OF WAY NORTH OF THE NORTH RIGHT OF WAY LINE OF FRONT STREET AND SOUTH OF TAX LOT 521 IN SECTION 11, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M. IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, OR OTHERWISE DESCRIBED AS THAT PORTION OF THE EIGHTEENTH STREET RIGHT OF WAY ADJACENT AND LYING EAST OF LOT 1 IN BLOCK 30, ORIGINAL TOWNSITE, IN THE CITY OF BLAIR, 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 real estate described as the Eighteenth Street Right of Way North of the North right of way line of Front Street and South of Tax Lot 521 in Section 11, Township 18 North, in the City of Blair, Washington County, Nebraska, is hereby sold and should be conveyed by the City of Blair, Nebraska, to Ed's Investments, Inc. SECTION 2. That the consideration to be paid for such real estate is the sum of $10,000.00 payable in cash upon closing. The conveyance shall be, pursuant to the terms and conditions of an Agreement on file with the City Clerk. SECTION 3. The City of Blair hereby specifialy reserves an easement over and across said right of way for utilities and infraatures specifically including but not limited to a storm sewer which runs generaly north and south in the center of said right of way. The Grantee, its successors and assigns, shall not build or erect any permanent structures over said storm sewer, and in the event the Grantee, its successors and assigns surface said right of way and repairs to said storm sewer are necesssary, the Grantee, its succesors and assigns, shall be responsible for the removal of said surfacing and the replacement thereof if they desire. SECTION 4. 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 5. All ordinances or parts of ordinances in con- flict herewith are hereby repealed. SECTION 6. 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 ?6th day of November, 1996. ATTEST: ICHAEL A. MINES, MAYOR 0.&)- 64214- ALICE I. DIEDRICHSEN, CITY CLERK 4 o G���,a�.a.gjq��,� ° s (SEAL) CITY of e : e �. e ', STATE OF NEBRASKA ) '1L m ss o FIRST CLASS / a WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certif-_Iteh 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 26th day of November, 1996. aeeb ) ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1791 AN ORDINANCE ESTABLISHING THE BLAIR KENO COMMITTEE, ESTABLISHING THE TERMS AND CONDITIONS FOR APPOINTMENT OF MEMBERS, QUALIFICA- TIONS OF SAID MEMBERS, THE TERM OF MEMBERSHIP, AND THE DUTIES AND RESPONSIBILITIES THEREOF, REPEALING ALL ORDINANCES OR PARTS 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. The Blair Keno Committee is hereby created and established and shall be known as the Blair Keno Committee. SECTION 2. The Blair Keno Committee shall consist of five (5) members who shall be appointed by the M yor with the approval of the City Council. Not more than thre- (3) members of said Committee shall.be members of the City Council. All of the members of the Committee shall be a resident of the City of Blair. Each member shall be appointed to a two (2) year term which shall commence January 1. SECTION 3. The Blair Keno Committee shall have the duty of reviewing all requests for expenditures of keno funds generated from any keno game conducted within the City of Blair and recom- mending to the Mayor and City Council whether or not any keno funds shall be expended for specific purposes. The governing body shall have and retain the final decis_on as to whether keno funds should be expended and for what purpose. SECTION 4. All ordinances or parts of ordinances in con- flict herewith are hereby repealed. SECTION 5. This ordinance shall be in full force and effect from and following the passage and publication hereof in pamphlet form as required by law. ATTEST: PASSED AND APPROVED THIS 10th day of December, 1996. at; ; ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY )ss MICHAEL A MINES, MAYOR ALICE I. DIEDRICHSEN, 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 10th day of December, 1996. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1792 AN ORDINANCE PROVIDING FOR THE SALE AND EXCHANGE OF THE SOUTH 50 FEET OF TAX LOT 232 IN SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, TO P & W, INC., PROVIDING FOR THE TERMS AND CONDITIONS OF SAID SALE, 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 City of Blair agrees to deed and con- vey, free and clear of all encumbrances, the real estate de- scribed as the South 50 feet of Tax Lot 232 in Section 7, Town- ship 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska, to P & W, Inc. for and consideration of P & W, Inc. conveying good and fee simple title, free and clear of all encum- brances, to the City of Blair, Nebraska, a Municipal Corporation, of the real estate described as Lots 16, 17, 18, 19, and 20 in Block 17 in the City of Blair, Washington County, Nebraska. SECTION 2. The conveyance shall be pursuant to the terms and conditions of the proposed agreement attached hereto and marked Exhibit "A." 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 con - fli4 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. ATTEST: PASSED AND APPROVES this 10th day of December, 1996. ALICE I. DIEDRICHSEN, CITY CLERK MICHAEL A. MINES, YOR (SEAL) STATE OF NEBRASKA ) )ss WASilINGTON COUNTY ) ALICE I. DIEDRICHSEN, 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 10th day of December, 1996. ALICE I. DIEDRICHSEN, CITY CLERK