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1998 ORDINANCE NO. 1829 AN ORDINANCE ANNEXING TIIE REAL ESTATE GENERALLY DESCRIBED AS LISTED BELOW, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWfffi, AND PROVIDING WHEN TIllS ORDINANCE SHALL BE IN FULL FORCE AND EFFEGT, TO-WIT: Tax Lots 60 and 61, Section 3, Township 18 North., Range 11, East of the &h P.M., Washington Cotmty, Nebraska; Tax Lots 63, 73 and 85, Section 2, Township 18 North, Range 11, East of the &h P.M., Washington County, Nebraska; . Tax Lot 86, Section 2, 1:ownship 18 North., Range 11, East pfthe &h P.M., Washington County;Nebraska; . . Tax Lots 34 and 56, Section 2, Township 18 North., Range 11, East of the &h P.M., Washington County, Nebraska; Tax Lots 217and 284, Section 11, Township 18 No~ Range 11, East of the &h P.M., Washington County, Nebraska; ~ Tax Lots 172 and 173, Section 14, Township 18 North, Range 11, East of the &h P.M., Washington County, Ne~; . . Tax Lot 233, Section 14, Township 18 North, Range 11, East of the &h P.M., Washington County, Nebraska; . Tax Lots 72, 186 and 234, Section 14, Township 18 North., Range 11, East of the &h P.M., Washington County, Nebraska; . Tax Lot 93, Section 23, Township 18 North., Range 11, East of the &h P.M., Washington ~ounty, Nebraska; , Tax Lot 97, Section 23, Township 18 North, Range 11, East of the &h P.M., Washington County, Nebraska; . , Tax Lot 157, Section 13, Township 18 North, Range 11,' East of the &h P.M., Washington County, Nebraska; . Tax Lot 160, Section 13, Township 18 North, Range 11, East of the (j1h P.M., Washington County, Nebraska. -1- WHEREAS, the City of Blair is considering the annexation of and a plan for extending èity services to the above described real estate. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR., NEBRASKA: SECTION 1. That the tracts of land described above be and 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 All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 10 t:h day of ...!~bruflry.., ._1998 BY~~ MIdiAE A. MINES, MAYOR ATTEST: ()¿ú'()~ yJH~~ßA-L_t:hJ¿~ ALICE 1. DIEDRICHSEN, CITY CLERK (SEAL) "¡tIl9n'IIf'.1',, ~....~\I;"'i OF l3J ~$#"9 ~..<s c,'\' o"..""""~/.ð ""'.. !I .0." .",," ~ /If . .. ~ i",. CfTYOF ""'.. ~ :: : ~ ~ ... .. " ~ =*: SEAL:-if: :~ :::¿ " ~o FIRST C!JI.SS .,: h . ~ ..~ ",.." ,;:'""- ~ 1"...,,1.961"0"" ..<i' ".,. ¥¡f,e:- "".." u ~ ,," '"'<?#q4t:;;eRþ..S"'~~","" qq/lø'iuua~ß1O STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) ALICE 1. 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 February ,- 1998 () A ~/ß.? L/ P--f ~ / (}/-e-- e .¿; ,I! ~~~ ALICE 1. DIEDRICHSEN, CITY CLERK -3- ORDINANCE NO. 1830 AN ORDINANCE PROVIDING FOR THE SALE OF A TRACT OF LAND LOCATED IN LOTS ONE (1) AND TWO (2), BLOCK 84, CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA~ AND A TRACT OF LAND LOCATED IN TAX LOT 53 IN SECTION 12, TOWNSHIP 18 NORTH, RANGE 11, EAST OF THE 61H P. M., WASHINGTON COUNTY, NEBRASKA, TO THE STATE OF NEBRASKA, DEPARTMENT OF ROADS, PROVIDING FOR THE GRANT OF A TEMPORARY EASEMENT ON A CERTAIN TRACT LOCATED IN LOTS ONE (1) AND TWO (2), BLOCK 84, CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA AND THE GRANT OF A TEMPORARY EASEMENT ON A CERTAIN TRACT LOCATED IN TAX LOT 53 IN SECTION 12, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 61H P. M., WASHINGTON COUNTY, NEBRASKA, PROVIDING FOR THE TERMS AND CONDffiONS OF SAID SALE, PROVIDING FOR THE TERMS AND CONDITIONS OF SAID TEMPORARY EASEMENTS, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN TIIIS 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 transfer and convey, free and clear of all encumbrances, the real estate described as a tract ofland located in Tax Lot 53 in Section 12, Township 18 North, Range 11 East of the ()ili P.M., Washington County, Nebraska, described as follows: Referring to the Southeast Comer of said Section; thence northerly a distance of 1729.60 feet along the east line òf said Section; thence westerly deflecting 90°00'00" left, a distance of 66.00 feet to a point on the westerly existing coùnty road right of way line; thence northerly deflecting 90°00'00" right, a distance of 149.08 feet along said right of way line; thence northerly deflecting 14°57'30" left, a distance of 146.85 feet along said right of way line to the point of beginning; thence northerly deflecting 00°00'00" a distance of 58.32 feet along said right of way line; thence westerly deflecting 75<20'52", left, a distance of 199.30 feet along the southerly existing Highway 30 right of way line; thence southwesterly deflecting 44°40'45" left, a distance of 124.15 feet along said right of way line; thence southerly deflecting 45°00'54" left, a distance -1- of 54.43 feet along the west line of the property owned by the City of Blair; thence easterly deflecting 103°52'59" left, a distance of284.72 feet; thence northeasterly deflecting 26°06'09" left, a distance of33.61 feet to the Point of Beginning containing 28237.28 square feet, more or less. The City of Blair does hereby retain and reserve to the City of Blair and to its successors and assigns all rights to oil and gas mineral rights in or on the above described real property. The City of Blair and/or its successors and assigns shall have no right to enter or use the surface of said real property. for any purpose concerning said oil and gas mineral rights, nor shall the City of Blair and/or its successors and assigns in extracting said oil or gas minerals from said real property, damage or in any way impair the use of said real property. SECTION 2. The City of Blair agrees to transfer and convey, free and clear of all encumbrances, the real estate described as a tract ofland located in Lots 1 and 2, Block 84, City of Blair, Washington County, Nebraska, described as follows: Beginning at the point where the west line of Tenth Street intersects the south line of Washington Street; thence westerly a, distance of 56.98 feet along the southerly Washington Street right of way line; thence southeasterly deflecting 127°48'16" left a distance of 52.39 feet to a point on the east line of the property owned by the City of Blair; thence northeasterly deflecting 111 °Il '35" left a distance of 48.29 feet along the property line of the City of Blair to the Point of Beginning containing 1179.27 square feet, more or less. The City of Blair does hereby retain and reserve to the City of Blair and to its successors and assigns all rights to oil and gas mineral rights in or on the above described real property. The City of Blair and/or its successors and assigns shall have no right to enter or use the surface of -2- said real property for any purpose concerning said oil and gas mineral rights, nor shall the City of Blair and/or its successors and assigns in extracting said oil or gas minerals fÌ'om said real property, damage or in any way impair the use óf said real property. SECTION 3. The conveyance of the tract located in Lots 1 and 2, Block 84, City of Blair, Washington County, Nebraska, shall be pursuant to the terms and conditions of the , proposed agreement attached hereto and marked Exhibit "A". SECTION 4. The conveyance of the tract located in Tax Lot 53 in Section 12, Township 18 North, Range 11 East of the.(jfh P.M., Washington County, Nebraska shall be pursuant to the terms and conditions of the proposed agreement attached hereto and marked Exhibit "B" SECTION 5. The conveyance of the .temporary easement for the tract located in Lots One (1) and Two (2), Block 84, City of Blair, Washington County, Nebraska, shall be pursuant to the terms and conditions of the proposed Right of Way Contract attached hereto ~dmarked Exhibit "C". SECTION 6., The conveyance of the temporary easement for the tract located in Tax Lot 53, Section 12, Township 18 North, Range 11 East of the (jfh P.M., Washington County, Nebraska, shall be pursÛ8D.t to the terms and conditions of the proposed Right of Way Contract attached hereto and marked Exhibit "D". SECTION 7. That the Mayor and City Clerk of the City of Blair, Nebraska, are hereby . authorized an~ directed to execute and deliver any and all necessary documents to effectuate such . ¡ I conveyances of real estate or temporary easements. SECTION 8. All ordinances or parts of ordinances in conflict herewith are hereby repealed. -3- i I 1 'I ! . 1 SECTION 9. This ordinance shall be in full force and effect fÌ'om and following the passage and publication hereof as required by law. PASSED AND APPROVED THIS 1 út:h day of January, 1998. CITY OF BLAIR, NEBRASKA @f.~~ MICHAEL A. MINES, MAYOR ATTEST: (!l¿f :'.? J H ~ d ~ÚA-11':J ALICE I. DffiDRICHSEN, CITY CLERK ----"~'>~-'-'" STATE OF NEBRASKA ) )ss WASHINGTON COUNTY) ,tlll'ff"""" ,"'~~"{ Of BI ~~"'#. --/ r';"7\ ........"'tfIÞ ii>~ .,' v.- ..*r ~ ;. ",' ..-:. .:- ",' ClTVOF .... ~ ~ i ~ ~ ::,-: SEAL: tr§ ~ " : :: :., ':.. FiRST ClASS~" ~ .~ ".. ,," i~ 0:. '", lC!"'l .,e" ,..' ".. eo.~" ."~. ."V " JI'; ~Ð.' .' 'y. ,,-. ii>",; 'rfê.SR þr,:,;~,:", ##Ç6ilb"~¡ .:.:., ".' {SEAL) ALICE I. DffiDRICHSEN, hereby certifies that she is the dilly 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 14th day of January, 1998. &~ u:J £) --Úv dA -t. ; A ~ ALICE 1. DffiDRICHSEN, CITY CLERK -4- ~""- ø-~o ,"u .u.¿o u. ~~".". ..-. ~1§i!2! I. RO.W.DIY..NR,.DepLorlla1ll 2. (1\\1"" 3, 0<\'11'" '. O""kl Eo¡!..ú 5. I'",¡.'tt Idunapr ') IUS CONTRACT. made and ..1- into LhiI --- day or br ODd Imwc.n ~~c.LIU.Jl.L.-.... STo\TJlOl"NI>BRA5KA DBPARTM&NTOF ROADS EXHIBIT "An ProjeoI No. ...!!L.~.~.- '1 ( 110 L- CcnltOJNo. Z1Z20 Traot No. !7 RIGHT OF WAY CONTRACT .~ 19_.._. Add"", ._~.------- h""¡nlÚlol' cuUed the Ovm¡¡R, luct lhe S¡a," otNebtUka, Dtp.,,- or !lam, herelnaJ\oc oal!cd IIIø STATE. WI1'111~'qE1'I: In conolclmùnn or lhe pay"""'! or poymeml ø\ IJKill'(t 1ooIGW, !he OWNER herebJ qreeø \0 - 10 Ihe STo\TB, a deed whll!/t wID 100 prOlt\M!ln<I rlU'llbhod by ¡he STATE, to cart"n ,HI ","lrIdcmlbod rrO1ll!be CCIÞICII!DeoClhe propOMd bi¡hwayaafollowr. Prom 51.. 116+65 IoStL -11.6+97.15 ...u~ 1"°111 Sta. - 10 5ta. -- . a .Idp FmmSI.. - . loStL -- .lllrip Fmm 511. to 51&, - . . ddi' Fr_SIa. ----__.IoSI&. -.-._____.I'\rIp Fmm 51.. to 51&, . a drip r-rotltSl1I. 10$\0. - .lIlIip FrOnl!;1a, - -__loSta. -.- ..llIIIp rnllo 81.. -- - to 510. ----- - . a ,1rIp !'romNla. ._-_____1081'" .amip l'r....51.. - -.-____10511. --...._._.allrip FromS!,. ._lell&, --_--._.a,1JIp Prom 51" ..-.. 10 St.. --- . a Mil 1"1'0111 SIn, .------- Ie 51&, -'-'-'-'~ . a ¡iii, 48. 43-1!J~lL. wldo_.....ß.t......._,Jde A. wid. ---- aide fl. 1ride lid. I\....ide____tlcl. ,,_no wldo_.-_.lhIc I\. vldo ..---. tûie II. ..w. -- .lde tt. wide . lido I\.vl4o.__.IIcI. CL wide ----, tldo _tl.wldo_-_..tldo II. '1114. ----;- tld. n.wlde____,ide I\. wid. --'"-_. .Ide nnd .. sho\>n on appro..d pJon..nd ollualld In Iho ....,!..2..,t!.l..j_Z. BlocU~Th11..4..A.~mL~.Q....th8 C~J..Y-9.l_~ Blair . ;;;;~~~ '=::":::;;;hip -..==:;;.;=.=-=-. at 19 ~ P.M. In ---E.~@!!!:s.t.QD-==:-C~IU\I)', Ne~~ It il "-" and vndmloÞ<l IJ>oIIMSTAT¡ Is b=by Jl'Aßtcd An 11I1nIO1Ii8lOrJahI óremry~IIIII tho pl8minadøorlbed lbow. '11It STATE OS"" 10 pvro- 1M .bovt d..rnbed ..al IIlale UId 10 pay. Ibotdorc. IIP0ll1ho dcIJl'Ir)' of ø1l1l .......,..., 4ooc1. Jí Il1o OWNER .. d.,jrÇ:t, he/tho ""011 he... the rl¡lrt to ,...¡.,. 1009& or 1ho IÛIaI '1'Il1OIIII due """"" ,1m conI1'&Cl prior 10 _dill 19 premùet belnJ IIOCvlred. ApproxillllllOlly JJ.7l.!.~L- ~ ~ s.-?.:..22- per ~ StL -- 10 SIt. $_..__.hUQ.&O...- Appro>tlmRl.¡Y --. ....e. II 1_.._- par acre, $ta, -- 10 SIa. $-- ""pproO¡II\QIC!y --...---- ...... 11 $-----_.. pcr &1:1'8, SIa, ---- ta StL --- $---- MoYìngnndrCf'Looin¡.l'PfOoimltcly.___..___._rocllatr.....al$ ....- porrocl $... Movlns IilId tCþiachl¡ IPproJÙ_loly -.--- .-. rods or ¡lOCO 11 S pol rod $ ------- ..,----.-- S ---- Abs1¡¡:!S.!4J!:sß].,£wa.nclI ---- :=-_.5il..M..... TOTAL $ _M7.Q.M..... ru lib... pay..eoll ohaI1 - eII d....... ø.1IOOCI by the ....blW1m<al .nd ~ 01' !be above pl1l]IIOI .""PI tor CROP DAMAGE. It IIIIY. wllloh will be paiQ ror In the ¡mown buDII on tho yield trom 19 ba3l11cc or the fleklloø 8XJIIIII"S of IIIU~ alld hamsllJll, eIlOP DAMAO! lhull moan dam. Ie oucIt crop> .. ora roqulm! '0 be planted annually Ind INh!dI ...... plaoto<lll \he droo 01' \he ,1¡a1n, of (hlf coolnoc:l and wbJoh 11ft' "lIIaOy ùamlpd dw: 'u con>lnlOlI"" oC Uù8 projoèl, !IVl 10 ftO - ...all d""'..,.. be paid Cor I1\\tJ IhaII one yur'l crop. Tho OWNER a¡¡NOI ¡o n,.k.~ ,.........10 11110"1'110 h.....t aoyorap 10 1110 mil/llluhe Ctóp dlDl1p. If uuy other pan, ,Iud! hold Dn)' ~&11!J8 If.!IIim¡t 11m .f(Ift!IJI1ll1lo1lOd prope:t> II lhe 1!ø1e of delivery or the daad. llIOb 1'11""" '" ... d~ v.der this conlmt .b.n be IIIIdo 10 tho OWNER JoinUY with the patLy or ¡w1!N ho14111J: 1UCh -.mbt&llC6, IIIIlo.u raid party or p.,.\;. boldin. tut:!t ..Cltmbnt""",hidl h... In wrillnl ,"",VA hJ&{h4f tÍ¡i1110 nœIw ...011 pa~ Ex¡"'- for part;,,1 mg. orznorl.tt¡.. will be paid "1 the.STATE, Urcqv/rcd. Thiol _Iract shall be blndln. OD boll! potIita II tOOn OJ 11 I. ..- by bolll1'l'\ÌCI, bIIllhoWd IIOD8 or 1ho lbove real "talC be NIIWrod. Ihil comrW.!hlU \ertnjnl1lO ulon the paYJllellt 01'$10.00 by ¡he STATE 10 19 OWNER. 'I'h~ COPlrKl muv \to ......Icd In mora than IIIl8 copy, oaoD POpy of wJ1IoII, however. ¡haU ..,.. at 111 .,/¡In'" for all putpOle$, ¡,,¡¡ aU oupicJ .11I"ICOI).¡w¡çbuIODllllldlhe_~ THIS IS A LEGAL AND 8INOI«1 COHTRACT - I!£AI IT. ,.... ~U... of !he STATI, In ~1IIa thla ...nlrathat given "" . ""'" 'nd"" lit Dr II' IItI'IIt-. A compItle urtd8nl_lng I.d OXflÚlJ1llfon has -. gI\ffft of tIlt IIrmIDOlOtlY, phr_, and etl~I' oonl8Øwå In 11118 cønlracl.1t Ii ItIIder81ood lhat no llGll\1uI, ¥IoIbIII "9f8OI'I8Dlao'__Iftt>ØMp188 -I to,lh In Il"-oonllllOl.wIIl booholloralfloylhaSTA1'!. STATEOFNEBRASXA JJ{!/IAR'I'MfiNT OF ROt\f!¡ OWNQ fly.. JlWhr-öiIV;;' Mtmø,cr DtJlt .---- ---------- --.---... DR Form 444, Ape 90 Right of Way Contract T"'I'OfII~OII--""""" ......ous 'oo,.... "'" PC 01.......0 ,I I I I I "'.Ih lIT liB" ~~ I. IlO.W. Div.. :idtt. ¡>Opf. ortlClO1ll 2.0-r 3.0\\- (. D;"hlu "...,l4<or ~ Projvo¡ Maua~Ot , HIS com Mer, liliiii. 1M ""terred laio !hIt ---"- dl' at - lI)'undl>oJ___- City of~a11" STATE OF NEBRASKA DEPAIlTMI!J\!T OF ROADS ProjCClNo. ..!!!:.~~:lmQL._- Comra! No.-H~Æ.Q... - '-....- Trocl No.--D_i@,1duL............ RIGHT OF WAY CONTRACT --"'-""- ----I 1'_, A4dt<>,,_.- .. ._--~_._-- . IIeroInaftwcraUed fhe OWNER, al14IhcS- OrN.amb, Depm",.,.. arRow, beroIutterclllod!he STATE. WrrNI!SS!;TII: In COIllJd.rallan Dr tbe 11'".,...1 Dr ptll!enla .It lpec;rœd balow, !lie OWNER Jtmby 1.11'* 10 - 10 Ibe STATE, . deed ""'kh wi] ~ lR:jtarlld IIfl4 rumfanocl by Iho STATE, to øcrw" roalel1&le dflOribe¡ mm Ibt cenlttlillt ot the 1'/010," lllahWII' II follow¡: -_._----~. ---..--- ---, J:romSIl. - 139E9'!U..-IOSI1. -ill!.9..Q__-.lSlrfP 180-165 n.wItk--~.-1ÚfC Fro"Stn. ~...J.-42+00 --108... ---1!.~~~."IdI'- J..u:u~II.WÎcl._lU'-..I_.__..eÙle. FramSI.. ..IOSI1. ------.aelrlp n.w!de_--tldJo From Sra. ----.-. 1\1 SI1. ._----. a aldp n. wùIo --- lido FromS!.. -. ~ '----IoS1&. "'------,.atrlP.__t~w!d..._..---..&1da From SIlo -. -- 10 Sta. . I alrlp II. w!dc -.--- lid. From SIlo 10 SIL --~---. a Mp ~ - ft. wille ""--"'-"""-" lido Fro..S,.. --------....-.10& -- ,InriI' II.w!do'---.._lido :Fr"", St.. - - ;..-_. 10 SfL --------. a llrip -- A. wid. -----..-.-- lido /',.,nl ~IIJ. ---- -...:.........-.-. 10 oS... -------. I IIrIp - ft. wide ...---...---. lido /',..", 51.. - --- to Sla. ------ . I atrip .. - tI. wide -...-.--...- 1Úf. F:om SIa. .------ 10 81.. -"""""'-----. a tIlÍp - n. wide -..-.-...,... iUtc Fro," $11. - -.-.- 10 $1.. -""---., a IIrIp --.... .. Do wid. ------....... aide From S.a. - 10 Stl. ---.--, a sttìþ --- n. wide .-.-...--..- II4t '-.... ----- -"-----------.-----'------.....-..-.---. or 5"'ÛOn ---il-...... TOW12Jh!p _ll!.L llall" -.........lUL.....r 11>0 fll> P,M. ÙI. VuMngton cou".,., Nebrok.. and "' lho~ n on Oll"';"" p!3n¡ ao4 .lluole<! In tho _.--......!!L~-1!........___-_. ----. ""-----.- /1 ia a¡r"'<lanø qlll!orliaod that tho STArs lahere&¡o "anll<! &Illmm"¡w. riøh1 otell1ly upon ¡¡.., Pl1!llÚN&dom1bed 8Òow, 11>0 STATE a¡n:os 10 pun:blUC tho Ibcm d-iind nil awe &lid 10 pay, lbetotOtC, upon Ih. dlllJVCI)' of laid ftecuttd deocI. t! lhe OWNER 00 d...ìtOll. !u:¡bbu .hall 1m.. lb. r(¡¡hl I" recellIt 100% ot !he froal ;ay_,. duo Wldtr thl.! cou¡r~ prior to "l'lC&t/ne lb. J'1M1laet balne ~tùrcd. Aþpr...imlÚ_Jy .~.237ill~'1I! s.......1.38 ....... P",.lri'Sl.. -...-- 10 Sta, $-.l§.,-H9,.J>..9..._- Appro.\Ímftluly ...,......,- ""1 at S. .--....... per ACre, SIL "'-'- 10 Sit. --- S ----......-.........-. ApprD.<ima1>!y --- ...... at 1..-.-- p'" ACre, SIL -- 10 S... - $.----.----.-.-. Mown, Ind "p..olo. Ippro.Î1tIalely -- ------.---.10</1 of r,neu. $..--.--- lOt rod $ ------- Mer-io,.o'" ..,1¡cIø,OPP1O.IIImoltly .-:.---.....--.-.... rod! atltncl.u S"--~.- per rod S .-.-.-.------. ~i":!&.I!!.....tLt:!!£YCli.I!UJ;'.!a.....!I.et amQ.l,I_ut -"--;;--¡TJ---. '- ""- s---!.J.l.Q9..:.QQ.._- -"'- '---_._:Q;;;'¡-"-'~"~4,....J:.tHd~~£.2' $. ~È.~.;'..t.!£l! I!.i~~. ~1!!!!£!._...."----~.__.._-------- $ ----J..9....Q.!L- . "'7 729.99 TOTA&. s'6'3' S'&S ~~ T'>e obovc PO)'lll.... .hall '0,.",. al/ 4øt- cawed by lb. -u,¡,merll 4OIId "QI,lIIC1ion ot lIw covo PI'O.!OCI ~ rOT CB.O~ DAMAOI'. II any. .."¡en willI,. pol<I tor In lhi &""'0.11 bUOl 00 tho yield !'rom lilt bafaøca ot!he IitJd leel ..-. atllWkt¡loa iIId bámttlo,. CROI' DAMAGE .IIfW m,au dam. 10 ...1\ eropl II arc TelVIred 10 be planted -11&11)' MIl ""rid> ...... ¡rJlnted .. the Ii... 0( the cl¡od.. or lid. .nlnO! aod wbicà 0'" ...dIU)' doUIO&Cd duo to oonllt1lel!Dn of thll pro}..., aut In 0O .... !hall daJaaøt:t be poId ror mo... 111M 0/2t year. ClOp. Tho OWNI!A "8"'" 10 ....., 0 re"ollflbl'..'eml11O ho1YOll &IIY crop BO Q 10 I12IUpu: Iltocorop dlllUßo. If "')' olll<r purl>' "'all hold any enetIlllbranco If¡JI/nll !he ato......~ ItOJOr\y at the limo of doJivory 01 !he deod. ...,b P_1s .. are due un<lerCblr "011!- .htfl be lIIIIIe III the OWNEI. Jolllily wIth the pal'l)' or partIcJ h(MIII( !ue)¡ OIICUmlmtnec, ønIoto llrid pm)' Of P"ûet holdÚlS ""04 "'c-aI"~8Iud1 "--10 WrIIilt¡WAi~ hdlhttrisltl 10 """""'¡' :II,......I. E.<p."... rur parÛ1d ..ltoø or ftIOrlp¡n ,.¡u be PIÛr! by !he STATE. if roqoin:d, Thil c(n,,- Ihon ba bÎtldÚl¡ on bolh put/ea If 10011 !II II ir """'IM II)' boll> JIIU1Ioa, but Ihould IIOIIe cllbo abavo rOIl Ø1IIc be rtq>¡fl'eå, l/ù, enmrt.Gtsh.llltrmillJl\e ur>On IJicPlYIIICntofSlo.OOhylbcSTATElotbeOWNEn. Thj. CmItnId lImy'be o-.¡ In more \hili one ""py, eacb 00IlY or wbJch. b_, WI! ..... u 10 ori,¡Îlla! tor tfI DUÍpu.... bill all oopw man cn.~14ltu,. flUlOftOllftÚ l!lasalUcgnlrtcl. STATE OFNr~IRAS~^ UI'ARrMnNl OF ROAnß THIS Ii A LECIAL AND ØINÞIHQ COHTIIAcr .... R£41) IT. Tñ8 I'8ptaNnlal/ve of Ole &TAT!, In ~~It contract 11M D"'*" me . cop, and iIIpIt/ned all 01 III pro./olona. A '!"'I'JII81e """""ÚI!JII1ng - upl.natlon boa II-. 9h'ft of ItI8 1orml , pnl'8M8, and 4IoI*,*,1I conlíthNod åT !Ida 00II1I8C1. 1/ ,. IDIdtraIoall that no IftI/I&IMt, ~ aer_tt or untItrot8odh'S, -,t II HI fol'ltl Ift48 ~ """ boo hon- by u.. STATII. OWNER Dtu. ---'- II.)' "-.. -...-. l/J)¡'jji:;¡:W¡;¡¡w¡;¡'--------." ---- .---. --...-.- .__.~- ....... '-----.--- ----- ...-..-----------.......- DR Form 444, Apr90 Right 01 Way Contract fHIO - """LAC.. Þn 10... "'. ... II. -J0U8 OOlT"". ",u... ""'TO'O""" EXHIBIT "e" COPIES TO: I. R.O.W. Div.. Nebr. nept. oC Roads 2. Owner 3. Owner 4. Dislricl Engineer S. Project Manager STATEOFNEßRASKA DEPARl'MENTOF IWADS RIGHT OF WAY CONTRACT TEMPORARY EASEMENT Projecl No. Jill:-3Q.:1.UJQ.L.._.. Control No._",£!.;t?Q.-_._..:..- Tract No. ._....11.._._.._.........- TillS CONTRACT, made and cntered into this .....-...-..........-.. day of """""'----"'-'-...--...........--..-...., 19.............., by and between -.-....-......---..-.....-..-"Ç,!!::'y-çJ...J3..J...!lk._.........-....--.... --..-..-..-..--..-- Address: ..-..........-...--...-.. ..--.--..-.-..-.-........---..,..-..-.....---..... hereinafter cnlled the OWNlm, and tho State of Nebraska, Departn,ent nC Roads, herein.ner called the STATE. ..-..... ..-...-.-.--.......--.-- - """"'--'-----.--.-.... .......-- . . WITNESSETH: In consideration oC the payment or payments as spccllicd below, the OWNER hereby grants to the STATE a Temporary Easemenl, for construction purposes, to certain renl estate cJcscribed from the centerline of the proposed highway as follows: . From Sta. .._.116 + 9..L..2!L..-._- to Sta. From 518. -.-,.....-- to Sta. From Sta. .........--.:..-.-.- to Sta. From Sta. .........---..............-.......- to Sta. From Sta. . ...........-..........-...........-.- to StD. From St.. ......--.....-----.. to StD. Fronl Sta. ...:--......-...---.- to.Sta. From StD. -.....-.-.......-.....-..........-..- to StD. From SI.. ...........-..-...............-....-... to StD. From StD. ....-.-.........----..-..- to Sla. From SI.. ....-...........-..............-........- to 518. From St.. ...............--.............-..-..- to Sta. From St... .............-......--....-........... to Sta. From St.. -...-.....-..-...- to Sta. From StD. -"""'-""-""", 10 Sta. From Sto. ........-........-...-.....,-..--.... 10 SID. -11~:!:97 .15 . a strip -_...!1j......~3-89 -..12............. ft. wide .-.'ß!<.........-- side , a strip .' ft. wide --""---" side ..--.----.....- , . strip ... . ft. wide ---.--.. side -----.....- , a strip ---........--- ft. wide ..--.-...........-... side -.......-...----....-.-.. , . strip ...-.............-....-.....---.. ft, wide "-""""""""'-""'" side' ..---..---. , . Slrip .------- ft. wide '--"'-""""-'" side -........--........... . a sirip --.... .......... ft. wide ..-.....-........--... side ----...---.....- , a Slrip ""---"---- ft. wide "-"'-...-..-. side ""'---.....-.......... , a strip .--.........-... fl. wide """""'-"'......-... side -...--..--.-........ . a strip ....---.... ft. wide "'-"-"'-""""'" side ..-...-----............ , a strip "--"""'---"- ft. wide """""'-"""--' side ""'-'-""'--"""""""'" , a strip -..--..--- ft. wide -'-"'-""""'-""" side ..--.----- , a strip "'----'---"- ft. wide """"-""""'-"'" side ..--. , a strip ...-----.---. ft. wide """--"""""""'" side , a strip ...------- ft. wide ---........-- side -"--""'--"-"'-" . a strip ""---"'-"-"'-- ft. wide .....................-........ side Sold Temporary Easement, for construction purposes, will be utilized more specilically as follows: -"--" S hl!I!!!!Z___------.. -.....................----..-.......-.--.-..-..-............-..--......--.. As shown on approved plans and siluated in the """""'" .....J:.. ~ !:.~.- !....~....~.....!g..c:!£ ~... §.1.J_.!!!-1!.Uçl,!!i t ~ lL 1. t:!...l!!LÇgy -.Q1.JU."gr..._.. ..---.-.,-...---.......- "'-""" oC Sccllon "-".........-..-.., Township ........--...--, Range .._-_......_..~ of the 6th P.M. in __~a shigz.!<.Q!:!_.... County, Nebraska. . It Is al.:rccd and understood tbat Ibe STATE Is hereby granted aD Immedlnte right of enlry upon tbe premises described above. 1110 STAT); agrees to pay for the use of tbe above described real estnte a. slICCllied helow. If the OWNER desires, he/she shall hove the right to rct"Cive 100% DC Ii.. payments due under the eolllract prior to the STAT"'s use Ihereof. S.F. S.F. Approximately :?~..~§..~..~.L.- JilN1« at $..........'t!L!!__... per mOt Sta. ............................ to StD. "-""""".....--.. Approximately....................:....... acres at ~.__........- per acre, Sta. .......................-.. to StD. .....-....--'-- . Approximately ...................-..... acres at $....--.....-......... per acre, StD. ......-...-........ to Sta. """"'-"'-- Moving and replncing approximately ...--...---..... rods of fence at $.._.._..-.......~.....~. per rod Moving and replncing approximately ....-....--........-..- rods oC fence 01 $-.........-......-..-- per rod .....-..............-.... . ............-........-.....-.-'..-.-...-.............---.........-.----..--...----- $ _._Qlil.....Q.O_...- $ -"-'-"'-- $ ..........:....................-..--. $ ........-.........,.....-.- $ --......................- $ -..-.....-..---..- $ ---"""-""""'" $ ----""""-- """" ........ - -........... ....-................- ...-------..- -.... --...... ...... """'--"""-'- .----.- .--...................... -....--........-....--.....-.--....-.......--.....-.....--......--.-.--........... TOTAL $ -........~16.!.9..L._... It' Is und.",!ood tbal the eaSemeDlarea may be used for IIle temporary relocation ofnlllities during the construction of the project. The above payments shall cover all dnmnges caused by tbe establisbmenl and ennstructlon of the above project except for CROP DAMAGE. If any, which will be paid for In the amount based on the yield from the balnnce of the field leSs expenses of marketing and harvesting. CROI' DAMAGE shall menn damage to such erops as arc required to be planted annUl!lly and which were planted at the lime of the signing of this CODtract and which are actuaUy damaged due 10 construction of Ihis project, but in ao case shall damages be paid for more than one year's crop. The OWNER agrees 10 make a reasnnnble attempt to harvest any erop so as to mitigate the erop damage. 1"11.. eootrnct sbaU be binding on both parties as soon as it Is executed by both pnrtles bul, should none of the above real estate he required. tbls conlract shall terminate upon the payment ofSIO.OO by tbe STATE to tbe OWNER. 1-1lis cnntrm'l DI.y be executed in more than one copy, caeh cnpy oC wbich, however, shaU serve as on original for aU purposes, hut DU copies shaU ,,~!stitule hot one ond tho same eontmct. . '111b oonln"'1 shnllienninate upon completion and acceplance of the above project by the STATE. THIS IS A LEGAL AND BINDING CONTRACT - READ IT. The roprellGntalive 01 the 81' ATE. In presenting tbl. contract h88 glv.n me a copy and .xplalnad aU 01 1t8 provlalon.. A compl.te Under8tandlng and explanation has been given 01 Ihe terminology, phr......., and alatem.nla contalnad In this contr8cL It la understood thai no promises. vorbl1ll1greem""ts or underatandlng, except aa aet lorth 10 thla contracl, wIll be hooorad by the STATE. STATE or NHIIRASKA nHf'ARTMENT ()' ROADS ~~.::.............._.........._......__......._........_............._..... .......~........- Dy .... .........................-........-..........-....-....--.........-...-...... Right-or-Way Manager I)nle ............... ..............................................-..-...--.................................. ......-...-.-.--.-....-...............-..........--.- -...........-........-......-.....--..-.--......-,......................... """"""""""" --.---,...................-.............--..-..................,.-........... DR Form 44 '. Apr 90 Temporary Easement THIS FORM Ra'lACES on FOI1M "'. FEO ... PREVIOUS EonlONS WIll. BE ""amOVED .' .~, "".'.. ."'" . . . COPIES TO: I. R.O.W. !)iv., Nebr. Dept. of Roads 2. (h",er 3. Owner 4. f)tmict Rnglneer S. Project Manager EXHIBIT "D" STATE OF NEBRASKA DEPARTMENT OF ROADS RIGHT OF WAY CONTRACT TEMPOAARYEASEMENT Project No. .. Nlk:.J.Q::-lillQ.L_- Control No.-~11Q___- Tract No. -...1J...----.-..-. TillS CONTRACT, n",de and entered inlo this ..--...---..... day of -...-.-.....--------...-. 19....._......, by and belween .....__................._._City oL!t:!.1!!r_.................... Address: ............---..-...-.----...---...--......-.-..-..-. he",innfter called the OWNER, and Ihe SIDle of Nebraska, Deparlmenl of lnuds, he",lnofter called lbe STATE. ----""""""" '. -.. "'-"'-'--"'-"'------'-.... .-..-......... ..-----. WITNESSETII: In cnn.<iderntlon of Ihe paymenl or pnymenrs as specified below,lhe OWNER hereby grantS to the STATE a Temporary Easemcnl, for conslruclion purposes, 10 certain ",aI estale described from Ihe cenlerline of lhe proposed highway as follows: , , From Sta. ....--.!..=!.~.:g..~..:.~.Q.._.. to Sin. ..-14C;>~__, a strip --160-:.~~5 ft. wide _....Rh.-.... side From SIn.' ..._......J~9-t...<?9..___- to Sin. ..-1.1.!:!'2i.._.._, a strip ---125-1 ~2 ft. wide -.-.Rh.-- side From Sta. ..._..........!..~.~ + 7 i..-..-....- 10 Sla. ..-14 ~:!'1.2.:..=!L_--_. , a strip --1.!! 2 -180 Ct. wide ...._.Ì~h_..- side From Sla. .............-..-...........................-.... to Sta. .._..__..__.........._:~. a strip --..- ft. wide .-....--.- side From SID. .........----........-..-............ to Sta. ........----.......-, 0 strip. ft. wide -.--..----.... side ' From Sin. ................-.--.--..-.....-.... to Sla. -"'--"'---.-..--, a strip ---"-- n. wide ...-----. side From Sta. .....-..---....-....-.-- to Sin. -----..-, a strip --' ft. wide -.... side From Sin. ...............-.............-...-.....- 10 Sin. -....--..-... a strip ----- ft. wide .--.----- side 'Fronl SIn., ....~.,......__.............._........._to SID. --"-"-...---.....-.-., 0 Slrlp . fl, wide .---...- side From Sin. _.... .....--.......-.-......-..- 10 Sin. --.............--.-.-...-, a strip. Ct. wide '-'--..-. side From Sla. ............-......................-.........-- 10 Sin. ...........-......-....--...--.. 0 strip ----..-..---'-- fl. wide "'-'--'--.,- side From SIn. .-........-...........-...---. 10 Sin. -----.......-..--. a Slrlp -. fl. wide ""-"-"-'- side From SIn, ..............".-..........-..........-.- 10 Sin. -----....-.-... a strip.. ft. wide ""'---.-.. side From Sta. .........--..--...-....-.--...- 10 SIn. ....--..-..-.-..-...-, a strip -..--- ft. wide ..-....--....... side From St~. ...-.............-........,...-.--- 10 Stn. "-.""--...--.............., a strip. fl. wide .-.--...-....... side From Sin. ........'.........-....,.........-...........-.... 10 Sin. -""""""'......-..........................., a slrlp .. ""- ft. wide ......-.....-.-. side Sold Temporary Easemenl. f~r Conslructlon purposes, will be utilized more specifically as follows: Shapi!l.,S_...._._--_.- ......-...,,-....-....-....................- As shown on approved plans aIId situaled In lhe Tax Lot 53 ;;;;;;;~:;'::::::::T?""-=::~::::':~:~:;;;;::::""'..l-..!!~::"-=-'::', Range _"":::~I~=.'=: of the 6th P.M. In -..R!Iãh.tn&.t.on CO~ka. It Is agreed and understood Ihat tlte STATE is hereby granled an Immediate right ofcntry upon the premises described above. 'n,e STAT!! agrees 10 pny for the use of the above described real estale lIS specified helow. If the OWNER desires, hefslte Shall have the right to receive (COO,/. of Ihe payments due under the eontracl prior 10 the STATE', Wie thereof. Approxi~alely !..~.!.?~-~.~}.~.~t $.......IiL!:.__...... perW.SIn. ...................-..... 10 Sin. -..-..--..--. Approximately............:............... acres at $...--......-.....-.. per acre. Sla. """.""""'-"-" to Sta. -..-. Approximately..........:................. ncres at $..-.......-............. per acre, Stn. ............................ 10 Stn. ......................-.. Moving and replaelng aJ'proxlmnlely ...-..-............-..-..-.. rods of fence at $..-..-.....----- per rod Moving and replacing approxlmalely "--""'-"-" rods of fence al $. per rod --"-""""'.""" ...--..............-..-..---.-..----..-.-.-...-......--.......-------- $..__..J...?70.!.9.9....- s s -......------............. s --..--."....- $ -----.. $ $.._. S ----- --""-""'-'- ....--......-...-..---..-.-........-..--....-"..-------- "--"-"""-",, "'--"""""'-"""""'-"'- ....-...---...-----............. TOTAL $ ......._....L.21.!h.QQ....... Ii Is understood thai the easement area may he Wied for the temporary relot:lltioo of utilities during the constrUction of the project, TIle above payments sholl cover all damages caused by the establishment and construction of Ihe above project except for CROP DAMAGE. If any. which will be paid for In the amount based on the yield from tlte balance of Ihe field less expenses of marketing and harvesting. CROP DAMAGE sholl mean damoge to Inch crops as are l'CIIulred to be planled annually and which we", planled 01 Ihe ÙßIe of the signing of this contract and whleh are aclually dalUaged due to construction of Ihis project, bUI In no ease shall "amoges be paid for more than one year's crop. The OWNER agrees 10 moke a reas.moble attempllo harvest any crop so as 10 mitigate the crop damage. This contr..CI shall be binding on bolh parties as soon as It is exceuted by bolh parties bul. should none of the above real eslnte be required. Ihis eontracl Ih..lIlermlnole upon the payment of $10.00 by the 81' A TE 10 the OWNER. " 'Iols eoulrllct olay be executed in more Ihan one copy, each copy of which, however. shall serve us an original for all purposes. but all copies slù!.l1 constitute hut oue and Ihe SlIme contrael. ":. TIlis eonlra~'Ishail terminate upon completion and acceptance of the above projecl by lhe STATE, THIS IS A LEGAL AND BINniNG CONTRACT - READ IT. The representative of the STATE, In presenting thla contract hBB given me B copy IIIId explained BIt of Ita provlalonø. A completa under8tanding Bnd explBnatlon hBB been given of the terminology. phreøea, Bnd atet.menta conlBlned In this contracL It la understood that no proml88s. verbn! ngr..m.ìnts or understanding, except 8S 8et forth In thla contract, will be honored by the STATE. STATE OF NHIIRASKA DEPARTMENT OF ROADS ~ WN E~.__....._---~-_...__...._._-_...._, lIy ....-................ ...-.-...'...........................-..-...-..-......-..--.......-- /liglll-of-WayManager . Dule ........... ..... ...............................................-........-..-...--....--.-..- . -..-------.-..-----.-......- .......-..........--...-.-....--.-..-..--......--...... ..... -..-...-...----...-.---..-.-....-.---,....... DR Form 447, Apr 90 Temporary Easement THIS FORM REP1AC£S OR FORM 441. FED e. PRIËVIOUS EOnIONS WlU.IIE ,,"'nROVED. V,~.",..:, ,...""",..". .., ~ ORDINANCE NO. 1831 AN ORDINANCE VACATING THE ALLEY BETWEEN 9TH STREET AND 10TH STREET IN BLOCK 85, IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, SUBJECT TO A PERPETUAL EASEMENT FOR TELEPHONE UTILITIES LOCATED IN SAID ALLEY, 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, AS FOLLOWS: SECTION L That the alley between 9th Street and 10th Street in Block 85, in the City of Blair, Washington County, Nebraska, is hereby vacated and the ownership of the same shall, pursuant to Neb. Rev. Stat. 16-611, revert to the owner of the adjacent real estate, one-half on each side thereof, subject to, however, the perpetual easement for telephone utilities located in said alley. , " SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance'shall be in full force and effect from and following the passage and publication hereof as required by law. PASSED AND APPROVED this 27th day of Jan:nary , 1998. GITY OF BLAIR, NEBRASKA ATTEST: ¡JÞ¿~:7 ~f)il.d;'J~L4f ¡?4'~J ALICE 1. DIEDRICHSEN, CITY CLERK ~~ ~ , MICHAEL A. MINES, MAYOR """""""" ~~~~~2t~~~<t,#. ....~"C;\o~ 0 rr ~ ~.o -.0 ~ ~ 00 CJTYOF 0 ':0. $ 0" '\ , :: e' o. : :¡"*: SEAL :*æ ::. .. : ... 0;:. .. .. :: ':. ".. FIRST ClASS..." i ~, """, ." ;¡;. .~... to". 196\ .eo ...:f .,-, , /'....;::,<'.'~~I\),. ......" s. ""&:-:"f'\\.'I> . <. ,; ¡.;~ , -1- STATE OF NEBRASKA ) )ss ) WASHINGTON COUNTY ALICE 1. 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 27th day of January , 1998. ~ L/. f)~/ ~~ ;'~41~A'/~ ALICE 1. DIEDRICHSEN, CITY CLERK -2- ~, ". ORDINANCE NO. 1832 AN ORDINANCE AMENDING SECTION 1102 OF THE COMPREHENSNE ZONING ORDINANCE OF THE CITY OF BLAIR., NEBRASKA, SPECIFICALL YPROVIDING- THAT NO COMPONENT OF A FRONT YARD FENCE SHALL EXCEED FOUR (4) FEET IN HEIGHT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT .- HEREWITH, AND PROVIDING WHEN TIllS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, A.S FOLLOWS: SECTION 1. S~ction 1102(2) of the Comprehensive Zoning Ordinance o{the City of Blair, Nebraska, is hereby amended to read as follows: "(2) No fence erected in a required front yard shall materially. obstruct public view.. Permitted types offences shall include. split rail, chain link, or other similar material.. No component of a front yard fence shall exceed four (4) feet in height, nor shall any structural member exceed thirty-six (36) inches in area, as measured using the horiZontal cross section." SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repeal~d. 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 day of , 1998. CITY OF BLAIR, NEBRASKA BY MICHAEL A. MINES, MAYOR THIS ORDINANCE WAS DEFEATED 5-3 February 10, 1998 -1- ATTEST: ALICE 1. DIEDRICHSEN, CITY CLERK (SEAL) 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 - day of , 1998. ALICE 1. DIEDRICHSEN, CITY CLERK -2- ORDINANCE NO. 1833 AN ORDINANCE AMENDING SECTION 9-201 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA BY ADOPTING AND RATIFYING THE PROVISIONS OF THE UNIFORM BlRDING CODE, 1997 EDITION, PRINTED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; AMENDING SECTION 9-401 OF THE MUNICIPAL CODE OF BLAIR, NEBRASKA BY ADOPTING AND RATIFYING THE UNIFORM PLUMBING CODE, 1997 EDITION, PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS; BY AMENDING SECTION 9-501 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA BY ADOPTING AND RATIFYING THE PROVISIONS OF THE NATIONAL ELECTRICAL CODE, 1996 EDmON, AS RECOMMENDED AND PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION; BY CREATING SECTION 9-202 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA BY ADOPTING AND RATIFYING THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION, PRINTED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND PROVIDING FOR ALL FUTURE AMENDMENTS, DELETIONS OR ADDITIONS TO SUCH UNIFORM CODES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. SECTION 1. Section 9-201 of Ordinance No. 1488 and referred to as the Municipal Code of the City of Blair, Nebraska is hereby amended to read as follows: Sec. 9-201 BUILDING CODE: ADOPTED BY REFERENCE. To provide certain minimum standards, provisions and requirements for safe and stable design, methods of construction, and uses of materials in buildings hereafter erected, constructed, enlarged, altered, repaired, relocated, and converted, the Uniform Building Code, 1997 edition, printed by the International Conference of Building Officials in book or pamphlet form is hereby incorporated by reference and the adoption of such Code by reference shall be construed to incorporate any .. amendments or revised editions to such Uniform Building Code as though printed in full herein, insofar as said Uniform Building Code and any amendments or revised editions do not conflict with the statutes of the State of Nebraska and so long as one copy of such Uniform Building Code shall at all times be kept current in the office of the Blair City Clerk. Such Uniform Building Code shall alsq include all amendments, deletions or additions which the City Council and Mayor IIlay make from time to time. Copies of the Uniform Building Code are on file at the office oÚhe Municipal Clerk pursuant to state statutes and are available for public inspection during the regular hours the municipal offices are open. The provisions of the Uniform Building Code shall be controlling throughout the Municipality and throughout its zoning jurisdiction. SECTION 2. Sec. 9-401 of Ordinance No. 1488 and referred to as the Municipal Code the City of Blair, Nebraska is hereby amended to read as follows: -1- Sec. 9-401 PLUMBING CODE; ADOPTED BY REFERENCE. To provide certain minimum standards, provisions and requirements for safe and stable installation, methods of connection, and uses of materials in the installation of plumbing and heating, the Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials, 1997 edition, and printed in book or pamphlet form, is hereby incorporated by reference and the adoption of such Code by reference shall be construed to incorporate any amendments or revised editions to such Uniform Plumbing Code as though printed in full herein, insofar as said Uniform Plumbing Code and any amendments or revised editions do not conflict with the statutes of the State of Nebraska and so long as one copy of such Uniform Plumbing Code shall at all times be kept currènt in the office of the Blair City Clerk. Such Uniform Plumbing Code shall also include all amendments, deletions or additions which the City Council and Mayor may make from time to time. Copies of the Uniform Plumbing Code are onfile at the office of the Municipal Clerk pursuant to state statutes and are available for public inspection during the regular hours the municipal offices are open. The provisions of the Uniform ." Plumbing Code shall be controlling throughout the Municipality and throughout its zoning jurisdiction. SECTION 3. Sec. 9-501 of Ordinance No. 1488 and referred to as the Municipal Code the City of Blair, Nebraska is hereby amended to read as follows: Sec. 9-501 ELECTRICAL CODE; ADOPTED BY REFERENCE. To provide certain minimum standards, provisions and requirements for safe and fire proof installation, methods of connection, and uses of materials in the installation of electrical wiring and appliances, the National Electrical Code, 1996 edition, as recommended and published by the National Fire Protection Association, and printed in book or pamphlet form, is hereby incorporated by reference and the adoptiçn of such Code by reference shall be construed to incorporate àny amendments or revised editions to such Uniform Electrical Code as though printed in full herein, insofar as said Uniform Electrical Code and any amendments or revised editions do not conflict with the statutes of the State of Nebraska and so long as one copy of such Uniform Electrical Code shall at all times be kept current in the office of the Blair City Clerk. '" Such Uniform Electrical Code shall also include all amendments, deletions or additions which the City Council and Mayor may make from time to time. Copies of the Uniform Electrical Code are on .file at the office of the Municipal Clerk pursuant to state statutes and are available for public inspection during the regular hours the municipal offices are open. The provisions of the Uniform Electrical Code shall be controlling throughout the Municipality and throughout its zoning jurisdiction. SECTION 4. Sec. 9-202 of Ordinance No. 1488 and referred to as the Municipal Code the City of Blair, Nebraska is hereby created to read as follows: Sec. 9-202 BUILDING CODE/THE ABATEMENT OF DANGEROUS BUILDINGS; ADOPTED BY REFERENCE. To provide certain minimum standards, provisions and requirements for the abatement of dangerous buildings, and to provide for the ~2~ . procedures therewith, the Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, printed by the International Conference of Building Officials in book or pamphlet form, is hereby incorporated by reference and the adoption of such Code by reference shall be construed to incorporate any amendments or revised editions to such Uniform Code for the Abatement of Dangerous Buildings though printed in full herein, insofar as said Uniform Code for the Abatement of Dangerous Buildings and any amendments or revised editions do not conflict with the statutes of the State of Nebraska and so long as one copy of such Uniform Code for the Abatement of Dangerous Buildings shall at all times be kept current in the office of the Blair City Clerk. Such Uniform Code for the Abatement of Dangerous Buildings shall also include all amendments, deletions or additions which the City Council and Mayor may make from time to time. Copies of the Uniform Code for the Abatement of Dangerous Buildings are on file at the office of the Municipal Clerk pursuant to state statutes and are available for public inspection during the regular hours the municipal offices are open. The provisions of the Uniform Code for the Abatement of Dangerous Buildings shall be controlling throughout the Municipality and throughout its zoning jurisdiction. SECTION 5. Ordinance No. 1826 and all other ordinances or parts of ordinances in conflict 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 10th day of March, 1998. CITY OF BLAIR, NEBRASKA BY- ~~~?š~ MICHAEL A. MINES, MAYOR ATTEST: Q~~~ kL PEGGY FRAHM, DEPUTY CITY CLERK (SEAL) """"""'1. &",""... OF 81 ~#~,~ ~..~ û~~.......':"'1b ~'\ ".. ..:.r ~ iii. .. ... I! .. I\I'IVOF e. "- ~. "HI. I. E : ~ : ="': SEAL =*= .. . . .. : ~ : $ '\ ':.. FIRST ClASS.l $ ... .. . :> ~ ".. 19~\ .. ~ "'.. O.".Q e""'" ~.. "'.. A~ '..0' .,~ .." """ 'I'ÞPR Åc,r-r...~.. "~ç';;;;-;'H ,~'it~~~~ -3- STATEOFNEBRASKA ) ) :ss: WASHINGTON COUNTY ) Peggy Frahm, hereby certifies that she is the duly appointed, qualified and acting Deputy City Clerk of the City of Blair, Nebraska, and that the abové and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the lOth day of March, 1998. O'1~ ~ tJL PEGGY FRAHM, DEPUTY CITY CLERK ,. -4- ORDINANCE NO. 1834 AN ORD:{NANCE REZONING TAX LOT TWO (2) IN SECTION 6, TOWNSIDP 18 NORm:, RANGE 12 EAST OF TIlE 61H P.M., WASHINGTON COUNTY, NEBRASKA, FROM AGG - GENERAL AGRICULTURAL DISTRICT TO A/MH - AGRlCULTURALIHEA VY INDUSTRIAL AND MANUFACTURING DISTRICT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN TIllS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY TIlE MAYOR AND THE CITY COUNCn. OF THE CITY OF BLAIR, NEBRASKA: - SECTION 1. That the Zoning Regulations ofthè City of Blair be amended so as to change the zoning designation of Tax Lot Two (2) in Section 6, Township 18 North, Range 12 East of the (Yh P.M., Washington County, Nebraska, from AGG - General Agricultural District to AIMH - Agricultura1/Heavy Industrial and Manufacturing District. SECTION 2. Be it further ordained by the Mayor and the City Council of the City of Blair, Nebraska that the official zoning maps of the City of Blair should be changed to reflect the zoning established hereby. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. . . PASSED AND APPROVED this 14th day of April, 1998. CITY OF BLAIR, NEBRASKA ~-~ MICHAEL A. MINES Mayor ATTEST: STATE OF NEBRASKA ) ) :ss: ) t"."tm""1« ~~,~,:\~ OF 81 .!"'A f'>,'f. C,\ .e".....';'V.lb, ~ I ...- "..;r ~.} ! l ClTVOF ..~ .... - .. . ... .. . ~*: SEAL It¡; . . . a .. .. . flIf '\ ~.. FIRST ClASS ¡ I ~ ".. .#ii ~ ~.. f"'. 1961 0.,([1; J.'fi "'., IV. "'o..cee- \Þ.. ~~ ~"I~,)~.E'!3R AS'f.;~f>t."'i>" t,j':a#'nl~' Û¿ti.v~ fjd~ ÞÞ;D ALICE 1. DIEDRICHSEN, CITY CLERK (SEAL) WASHINGTON COUNTY ALICE 1. 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 14th day of April, 1998. < (})~ vJ fJ~iÁJ~~ ALICE 1. DIEDRICHSEN, CITY CLERK ~, ~,",.JY - , ' ORDINANCE NO. 1835 AN ORDINANCE REZONING LOTS ONE (1) AND TWO (2), PLEASANT DELL SUBDMSION, CITY OF BL~ WASHINGTON COUNTY, NEBRASKA, FROM AGG - GENERAL AGRICULTURAL DISTRICT TO RML - MULTI-FAMILY RESIDENTIAL LOW DENSITY DISTRICT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITII AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND THE 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 One (1) and Two (2), Pleasant Dell Subdivision, City of - t l BlaD:, Washington County, Nebraska, from AGO - General Agricultural District to RML - Multi- I Family Residential Low Density Dis1rict. SECTION 2. Be it further ordained by the Mayor and the City Council of the City of Blair, Nebraska that the, official zoning maps of the City of Blair should be changed to reflect the zoning established hereby. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. . PASSED AND APP~OVED this 14th day of April, 1998. .': ~ , . . CITY OF BLAIR, NEBRASKA ~~~. Mayor, ATTEST: tI/¡flJJJ L/ f)~oÓ>{/lJ4~ ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: ) WASHINGTON COUNTY <¡.~t'IØSfml/l/b~ ......""tff, ~~ OF e/?',i>. ..~ C'.e.".".""~"" ~ .:>..& ""i¡! "'4'1. ~ ~ ",' oT ~ i ..ti CITyOF' *0. \ .: : -:. ~ :*- e Sill '14 :: . : EAL "':: :; " .... =#:> ~ ';. . : ;: ';. "., F/RST"'.a- ~ tì ~ "'" ~." $ "'.:.. Eo""" 1961 ",tlli ,f "'~ 1f~e&"".eee~ ~~ 4'(I#"8;!3R ASv...'~'/..".'ð' QU"S:UU1J"'" 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 14th day of April, 1998. <" ab; f} ~ ~~t Å.-/ J Leu 4-" ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1836 AN ORDJNANCE ANNEXING THE REAL ESTATE GENERALLY DESCRIBED AS COMMENCING FROM THE SW CORNER OF THE SE 1/4 SE 1/4 OF SECTION 10, TOWNSIDP 18 NORTH, RANGE 11 EAST OF THE 6TH PRINCIPAL MERIDIAN, W ASIDNGTON COUNTY, NEBRASKA; THENCE N 00° 00' DO" W (ASSUMED BEARING) ALONG THE WEST LINE OF THE E 1/2 OF THE SE 1/4 OF SECTION 10 A DISTANCE OF 833.02 FEET, TO THE POINT OF BEGINNING; THENCE N 89° 41' 42" W A DISTANCE OF 33.00 FEET TO THE WESTERLY RO.W. OF COUNTY ROAD P 29; THENCE N 00° DO' DO" W ALONG SAID RO.W. TO THE SOUTHERLY RO.W. OF STATE IllGHWAY 91; . THENCE EASTERLY ALONG SAID IllGHW A Y RO.W. TO A POINT ON THE WEST LINE OF THE SE 1/4 SE 1/4 OF SECTION 10, SAID POINT BEING 22.00 FEET SOUTH OF THE NW CORNER OF THE SE 1/4 SE 1/4; THENCE S 87° 50' 40" E ALONG SAID IllGHW A Y RO.W. A DISTANCE OF 850.00 FEET; THENCE N 34° 54' 18" E ALONG SAID IllGHW A Y RO.W. A DISTANCE OF 387.25 FEET TO A POJNT ON THE WESTERLY RAILROAD RO.W.; THENCE S 75° 17' 55" E A DISTANCE OF 100.00 FEET TO THE EASTERLY RAILROAD RO.W.; THENCE S 14° 42' 05" W ALONG SAID EASTERLY RO.W. A DISTANCE OF 1259.56 FEET; THENCE N 75° 17' 55" W A DISTANCE OF 100.00 FEET TO A POINT ON THE WESTERLY RAILROAD RO.W.; THENCE N28° 42' 32" W A DISTANCE OF 25.90 FEET; THENCE N 17° 20' 42" E A DISTANCE OF 119.34 FEET; THENCE N 05° 10' 02" E A DISTANCE OF 160.55 FEET; THENCE N 11 ° 11' 08" W A DISTANCE OF 189.74 FEET; THENCE N 03° 07' 47" E A DISTANCE OF 208.19 FEET; THENCEN 89° 59' 00" W A DISTANCE OF430.11 FEET; THENCE S 00° 00' DO" EA DISTANCE OF 231.83 FEET; THENCE N 89° 41' 42" W A DISTANCE OF 333.39 FEET TO THE POINT OF BEGINNING, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN TillS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. WHEREAS, that parcel of real estate described above 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 ofIand described as: COMMENCING FROM THE SW CORNER OF THE SE 1/4 SE 1/4 OF SECTION 10, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH PRINCIPAL MERIDIAN, . WASHINGTON COUNTY, NEBRASKA; THENCE N 00° 00' 00" W (ASSUMED BEARING) ALONG THE WEST LINE OF THE E 1/2 OF THE SE 1/4 OF SECTION 10 -1- A DISTANCE OF 833.02 FEET, TO THE POINT OF BEGINNING; THENCE N 89° 41' 42" W A DISTANCE OF 3:tOO FEET TO THE WESTERLY R.O.W. OF COUNTY ROAD P 29; THENCE N 00° 00' 00" W ALONG SAID R.O.W. TO THE SOUTHERLY R.O.W.OF STATE HIGHWAY 91; THENCE EASTERLY ALONG SAID HIGHWAY R.O.W. TO A POINT ON THE WEST LINE OF THE SE 1/4 SE 1/4 OF SECTION 10, SAID POINT BEING 22.00 FEET SOUTH OF THE NW CORNER OF THE SE 1/4 SE 1/4; THENCE S 87° 50' 40" E ALONG SAID HIGHWAY R.O.W. A DISTANCE OF 850.00 FEET; THENCE N 34° 54' 18" E ALONG SAID HIGHWAY R.O.W. A DISTANCE OF 387.25 FEET TO A POINT ON THE WESTERLY RAILROAD R.O.W.; THENCE S 75° 17' 55" E A DISTANCE OF 100.00 FEET TO THE EASTERLY RAILROAD R.O.W.; THENCE S 14° 42' 05" W ALONG SAID EASTERLY R.O.W. A DISTANCE OF 1259.56 FEET; THENCE N 75° 17' 55" W A DISTANCE OF 100.00 FEET TO A POINT ON THE WESTERL Y RAILROAD R.O.W.; THENCE N 28° 42' 32" W A DISTANCE OF 25.90 FEET; THENCE N 17° 20' 42" E A DISTANCE OF 119.34 FEET; THENCE N 05° 10' 02" E A DISTANCE OF 160.55 FEET; THENCE NIl ° 11' 08" W A DISTANCE OF 189.74 FEET; THENCE N 03° 07' 47" E A DISTANCE OF 208.19 FEET; THENCE N 89° 59' 00" W A DISTANCE OF 430.11 FEET; THENCE S 00° 00' 00" E A DISTANCE OF 231.83 FEET; THENCE N 89° 41' 42" W A DISTANCE OF 333.39 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 conflict 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 28th day of April, 1998. ~ Br-" MICHAEL A. MINES, MAYOR -2- ATTEST: ,/-~'-J" /J C'L (] , . Ut::'-ÍA!-l1--/ ~ ..cT k.-~ ~ ALICE I. DIEDRICHSEN, CITY CLERK ,""""'."'#1, ~~\\"\1'l OF ~ it,,;,,- ;r¡," C\ ....../:1/ ..: ~ " .ee ..-;-v~ ~ ~ eO .or,.. ~ ':;." 1'rP.. e ~ ::.. "",rOt: ee ... :: .. II> ~ :*= SEA: -= ... . L.. .. : . ....." -: : :~s ~ ~ FIRSTlY A- : G ~ -.. ~ .0- ~ ~ -.. 1961 ..- $ '.. 1'.r- ~.-..... ;ri,ô," "',,;}!!JR AS\\Þ;,\\~\\" ""'U"I.I' (SEAL) 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 28th day of April, 1998. ~V1Ð~ ALICE I. DIEDRICHSEN, CITY CLERK -3- ORDINANCE NO. 1837 I ! AN ORDINANCE AUTHORIZING THE ISSUANCE OF VARIOUS PURPOSE BONDS OF THE CITY OF BLAIR NEBRASKA, IN'THE PRINCIPAL AMOUNT OF THREE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($375,000) FOR THE PURPOSE OF PAYING THE COSTS OF IMPROVING STREETS AND INTERSECTIONS INP A VING DISTRICT NOS. 169, 170 AND 172; 1> A YING THE COST OF WATER IMPROVEMENTS IN WATER EXTENSION DISTRICT NO. 35; PAYING THE COSTS OF SEWER IMPROVEMENTS IN SANITARY SEWER EXTENSION DISTRICT NO. 54; DIRECTING THE APPLICATION OF THE PROCEEDS OF SAID BONDS; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE LEVY AND COLLECTION OF TAXES TO PAY THE SAME; PROVIDING FOR THE SALE OF THE BONDS; AUTHORIZING THE DELIVERY OF THE BONDS TO THE PURCHASER; AND ORDERING THE ORDINANCE PUBLISHED IN PAMPHLET FORM. BE IT ORDAINED BY THE MAYOR AND COUNcIT.. OF THE CITY OF BLAIR., NEBRASKA: Section 1. The Mayor and Council hereby find and determine: that pursuant to or<linances heretofore duly enacted, Paving District Nos. 169, 170 and 172, were created Ín said City and certain street improvements were constructed Ín said Districts; that said improvements have been completed and accepted and hereby are .accepted by the City; that the cost of said improvements, as reported by the City's EngÏneer,is not less than $303,340, of which $291,120 is District cost and $12,220 is the cost of improving Íntersections and areas fonned by the crossÍng of streets, avenues or alleys and one-half of the streets adjacent to real estate owned by the City; that additional miscellaneous costs Íncluding issuance costs have been or are beÍng Íncurred for said improvements; that special assessments have been levied accor<ling to law on the real estate in said Districts specially benefited by said improvements and such special assessments are valid liens on the lots and tracts orland upon which they are assessed; that after applying available monies collected :trom the special assessments and other funds available for such purpose, there still remains due and payable :tröm the City on the district costs not less than $291,000 and on the Íntersection costs not less than $12,000; that all conditions, acts and things required by law to exist or to be done precedent. to the issuance of Intersection Improvement Bonds Ín the amount of $12,000 pursuant to Section 16-626 RRS. Neb. 1997, and to the issuance of Street Improvement Bonds of said Districts in the amount of $291,000 pursuant to Section 16-623 RRS. Neb. 1997, do exist and have been done as required by law. Section 2. The Mayor and Council further find and determine: that pursuant to ordinance dilly enacted Sanitary Sewer Extension District No. 54 was created for said City and certain improvements were constructed in said District; that said improvements have been completed and accepted by the City and are hereby accepted; that the cost of said, improvements as reported by the City's engineers is not less than $46,510; that in addition, the City has incurred additional costs for interest on warrants and miscellaneous expenses; that special assessments have been ~evied according to law on the real estate specially benefited by said improvements and such special assessments are valid liens on the lots and tracts of land upon which they are assessed; that after applying available monies collected ftom special assessments and other funds available for such purpose, there still remains due and payable ftom the City not less than $45,000; that all conditions, acts and thiIigs required by law to exist or to be done precedent to the issuance of District Sanitary Sewer Service Extension Bonds of said District in the amount of $45,000 pursuant to Section 19-2405, RR.S. Neb. 1997, do exist and have been done as required by law. Section 3. The Mayor and Council further find and determine: that pursuant to ordinance dilly enacted Water Extension District No. 35 was created for said City and certain improvements were constructed in said District; that said improvements have been completed and accepted by the City and are hereby accepted; that the cost of said improvements as reported by the City's engineers is not less'than $29,227; that in addition, the City has incurred additional costs for interest on warrants and miscellaneous expenses; that special assessments have been levied according to law on the real estate specially benefited by said improvements and such special assessments are valid -2- liens on the lots and tracts ofland upon which they are assessed; that after applying available monies collected from special assessments and other funds available for such purpose, there still remains due and payable from the City not less than $27,000; that all conditions, acts and things required by law to exist or to be done precedent to the issuance of District Water Service Extension Bonds of said District in the amount of $27,000 pursuant to Section 19-2405, R.R.S. Neb. 1997, do exist and have been done as reqtrired by law. Section 4. The Mayor and Council of the City of Blair, Nebraska, further find and determine: That all conditions, acts and things required to exist or to be done precedent to the issuance of Various Purpose Bonds of the City of Blair, Nebraska, in the principal amount ofTbree Hundred Seventy-five Thousand Dollars ($375,000) under Sections 18-1801 and 18-1802R.R.S. Neb. 1997, as amended, to pay the cost of improvements mentioned in Sections 1,2 and 3 hereof do exist and have been done as required by law. Section 5. For the purposes described in Sections 1,2 and 3, hereof, there shall be and there are hereby ordered issued, Various Purpose Bonds, Series 1998, of the City of Blair, Nebraska, in the principal amount of Three Hundred Seventy-five Thousand Dollars ($375,000) (the "Series 1998 Bonds") with said bonds bearing interest at the rates per annum (said interest to be computed on the basis of a 360-day year consisting of twelve 30-day months) and maturing on June 1 of each year in the principal amounts as follows: -3- Principal Amount $30,000 30,000 35,000 35,000 35,000 40,000 40,000 40,000 45,000 45,000 Date of Maturity June 1, 1999 June 1, 2000 June 1, 2001 June 1,2002 June 1,2003 June 1,2004 June 1, 2005 June 1~ 2006 June 1., 2007 June 1, 2008 Interest Rate 4.10% 4.25 4.35 4.45 4.55 4.60 4.70 4.75 4.80 4.85 The Series 1998 Bonds shall be issued in fully registered form in the denomination of$5,000 or any integralmultip1ethereo£ The date of original issue for the Series 1998 Bonds shall be June 1,1998. . Interest on the Series 1998 Bonds, at the respective rates for each maturity, shall be payable on June 1, 1999 and semiannually thereafter on December 1 and June 1 of each year (each of said dates an "Interest Payment Date") and the Series 1998 Bonds shall bear such interest from the date of original issue or the most recent Interest Payment Date, whichever is latèr. The interest due on each Interest Payment Date shall be payable to the registered owners of record as of the close ofbusiness on the fifteenth day of the month immediately preceding the month in which the Interest Payment . Date occurs (the "Record Date"), subject to the provisions of Section 7 hereof. The Series 1998 Bonds shall he numbered from 1 upwards in the order of their issuance. No Series 1998 Bond shall be issued originàlly or upon transfer or partial redemption having more than one principal maturity. The initial bond numbering and principal amounts for each of the Series 1998 Bonds issued shall be designated by the City's Treasurer as directed by the initial purchaser thereof. Payments of interest due on the Series 1998 Bonds prior to maturity or date of redemption shall be made by the Paying Agent and.Registrar, as designated pursuant to Section 6 hereof: by mailing a check or draft ..-4- in the amount due for such interest on each Interest Payment Date to the registered owner of each Series 1998 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 6 hereof. Payments of principal and accrued interest thereon due at maturity or at any date fixed for redemption prior to maturity shall be made by said Paying Agent and Registrar to the registered ~ owners upon presentation and surrender of the Series 1998 Bonds to said Paying Agent and Registrar. The City and said Paying Agent and Registrar may treat the registered owner of any Series 1998 Bond as the absolute owner of such Series 1998 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 Series 1998 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 1998 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 1998 Bonds or claims for interest to the extent of the sum or sums so paid. Section 6. The City Treasurer is hereby designated as the Paying Agent and Registrar for the Series 1998 Bonds. The Paying Agent and Registrar shall keep and maintain for the City books for the registration and transfer of the Series 1998 Bonds at the City offices. The names and registered addresses of the registered owner or owners of the Series 1998 Bonds shall at all times be recorded in such books. Any Series 1998 Bond may be transferred pursuant to its provisions at the office of said Paying. Agent and Registrar by surrender of such Series 1998 Bond for cancellation, accompanied by a written instrument of transfer, in form satisfactory to said Paying -5- Agent and Registrar, du1y 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 transferee owner or owners thereof at such transferee owner's or owners' risk and expense), registered in the name of such transferee owner or owners, a new Series 1998 Bond or Series 1998 Bonds of the same interest rate, aggregate principal amount and maturity. To the extent of the denominations authorized for the Series 1998 Bonds by this Ordinance, one Series 1998 Bond may be transferred for several such Series 1998 Bonds of the same interest rate and maturity, and for a like aggregate principal amount, and several such Series 1998 Bonds may be transferred for one or several such Series 1998 Bonds, respectively, of the same interest rate and maturity and for a like aggregate principal amount. In every case of transfer of a Series 1998 Bond, the surrendered: Series 1998 Bond shall be canceled and destroyed. All Series 1998 Bonds issued upon transfer of the Series 1998 Bonds so surrendered shall be valid obligations of the City evidencing the same obligations as the Series 1998 Bonds surrendered and shall be entitled to all the benefits and protection of this Ordinance to the same extent as the Series 1998 Bonds upon transfer of which they were delivered. The City and said Paying Agent and Registrar shall not be required to transfer any Series 1998 Bond during any period from any Record Date until its immediately following Interest Payment Date or to transfer any Series 1998 Bond called for redemption for a period of30 days next preceding the date fixed for redemption. Section 7. In the event that payments of interest due on the Series 1998 Bonds on an Interest Payment Date are not timely màde, 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 1998 Bonds as of a special date of record forpay.ment of such defaulted interest as shall -6- be designated by the Paying Agent and Registrar whenever monies for the purpose of paying such defaulted interest become available. Section 8. If the date for payment of the principal of or interest on the Series 1998 Bonds shall be a Saturday, Sunday, legal holiday or a day on which banking institutions 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. Section 9. Series 1998 Bonds maturing June 1,2004,. and thereafter shall be subject to redemption, in whole or in part, prior to maturity at any time on or after June 1, 2003, at par plus accroed interest on the principal' amount redeemed to the date fixed for redemption. The City may select the Series 1998 Bonds to be redeemed in its sale discretion but the Series 1998 Bonds shall be redeemed only in amounts of $5,000 or integral multiples thereof. Series 1998 Bonds redeemed in part only shall be surrendered to said Paying Agent and Registrar in exchange for new Series 1998 Bonds evidencing the unredeemed principal thereof. Notice of redemption of any Series 1998 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 1998 Bond at said owner's registered address. Such notice shall designate the Series 1998 Bond or Series 1998 Bonds to be redeemed by maturity or otherwise, the date of original issue and the date fixed for redemption and shall state that such Seri.es 1998 Bond or Series 1998 Bonds are to be presented for prepayment at the office of said Paying Agent and Registrar. In case of any Series 1998 Bond partially redeemed, such notice shall specify the portion -7- of the principal amount of sIJeh Series 1998 Bond to be redeemed. No defect in the mailiIig of notice for any Series 1998 Bond shall affect the sufficiency of the proceedings of the City designating the Series 1998 Bonds called for redemption or the effectiveness of such call for Series 1998 Bonds for which notice by mail has been properly given and the City shall ~ve the right to further direct notice of redemption for any such Series 1998 Bond for which defective notice has been given. Section 10. The Series 1998 Bonds shall be in substantially the following form: -8- UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF WASHINGTON VARIOUS PURPOSE BOND OF THE CITY OF BLAIR, NEBRASKA SERIES 1998 . No. $ Interest Rate Maturity Date June 1, - Date of Original Issue June 1, 1998 Cusip No. Registered Owner: Principal Amount: Dollars ($ ) KNOW ALL PERSONS BY THESE PRESENTS: That the City of Blair, in the Comity of Washington, in the State of Nebraska, hereby acknowledges itself to owe and for value received promises to pay 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, payable on June 1,1999, and semiannually thereafter on December 1 and June 1 of each year (each of said dates an "Interest Payment Date"). Said interest shall be computed on the basis of a 360-day year consisting of twelve 30-day months. The principal hereof and unpaid accrued interest thereon due at maturity or upon redemption prior to maturity are payable upon presentation and surrender of this bond at the office of the City Treasurer, the Paying Agent and Registrar, in Blair, Nebraska. Interest on this bond due prior to maturity or earlier redemption will be paid on each Interest Payment Date by a check or draft mailed by the Paying Agent and Registrar to the registered owner of this bond, as shown on the books of record maintained by the Paying Agent and Registrar, at the close of business on the fifteenth day of the month immediately preceding the month in which the Interest Payment Date occurs, to such owner's registered address as shown on such books-and records. Any interest not so timely paid shall cease to be payable to the person entitled thereto as of the record date such interest was payable, and shall be payable to the person who is the registered owner of this bond (or of one or more predecessor bonds hereto) on such special record date for payment of such defaulted interest as shall be fixed by the Paying Agent and Registrar whenever monies for such purpose become available. For the prompt payment of this bond, principal and interest, as the same become due, the full fai~ credit and resources of said City are hereby irrevocably pledged. This bond is one of an issue of fully registered bonds of the total principal amount. of Three Hundred Seventy-five Thousand D~llars ($375,000), 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 -9- paying the costs of improving streets and alleys, intersections and areas formed by the crossing of streets, avenues or alleys and streets adj acent to real estate owned by the City in Paving District Nos. 169,170 and 172; paying the cost of water improvements in Water Extension District No. 35; paying the costs of sewer improvements in Sanitary Sewer Extension District No. 54, all in strict compliance with Sections 16-623, 16-626, 18-1801, 18-1802, and 19-2405, It.RS. Neb. 1997, as amended. The issuance of said bonds has been authorized by proceedings dilly had and an ordinance legally passed, approved and published by the Mayor and Council of said City. Bonds of this issue maturing June 1, 2004 and thereafter are subject to redemption at the option of the City, in whole or in part, at any time on or after June 1, 2003, 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 milltiples thereof. This bond is transferable by the registered owner or such owner's attorney dilly authorized in writing at the office of the Paying Agent and Registrar upon surrender and cancellation of this bond, and thereupon a new bond or bonds of the same aggregate principal amount, interest rate and maturity will be issued to the transferee as provided in the ordinance authorizing said issue ofbonds, subject to the limitations therein prescnòed. The City, the Paying Agent and Registrar and any other person may treat the person in whose name this bond is registered as the absolute owner hereof for the purpose of receiving paynient due hereunder and for all purposes and shall not be affected by any notice to the contrary, whether this bond be overdue or not. If the date for payment of the prm,cipal of or interest on this bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions 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. . IT IS HEREBY CERTIFIED AND WARRANTED that all conditions, acts and things required by law to exist or to be done precedent to and in the issuance of this bond did exist, did happen and were done and performed in regular and due form and time as req1Úred by law and that the indebtedness of said City, including this bond, does not exceed any limitation imposed by law. The special assessments levied upon real estate specially benefited by the improvements in said districts are valid liens on the lots and tracts of land upon which they have been levied and when collected shall be set aside and constitute a sinking fund for the payment of the principal and interest of this bond and the bonds of this issue; the City agrees that it will collect said special assessments and, Ì1i addition thereto, will càuse to be levied and collected annually a tax by valuation on all the taxable property in the City, in addition to all other taxes, sufficient in rate and amount to make up . the deficiency between the amounts collected on said special assessments and the amount required to fully pay the principal and interest of said bonds as the same become due. -10- . . This bond shall not be valid and binding on the City until authenticated by the Paying Agent and Regis1rar. IN WITNESS WHEREOF, the Mayor and Council of the City of Blair, Nebraska, have caused this bond to be executed on behalf of the City with the facsTInile signatures of the Mayor and the City Clerk and by causing the official seal of the City to be imprinted hereon or affixed hereto, all as of the date of original issue specified above. ATTEST: City Clerk (SEAL) -11- CITY OF BLAIR., NEBRASKA Mayor , . CERTIFICATE OF AUTHENTICATION AND REGISTRATION This bond is one of the series designated. therein and 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 ofbonds. City Treasurer, . Paying Agent and Registrar for the City of Blair, Nebraska (Form of Assignment) For value received . hereby sells; assigns and transfers unto (Social Security or Taxpayer I.D. No. ) the within bond and hereby irrevocably constitutes a:tld 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. Dated: Registered.. Owner( s ) Signature Guaranteed. By Authorized Officer( s) 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 commerciâ1 bank or a trust company or by a .firm having membership on the New York, Midwest or other stock exchange. -12- . . Section 11. Each of the Series 1998 Bonds shall be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk and shall have imprinted thereon the City's seal. The Series 1998 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 L,etter of Representations (the "Letter of Representations") in the form required by the Depository, for and on behalf of the City, which shall thereafter govern. matters with respect to registration, transfer, payment and redemption of the Series 1998 Bonds. .With respect to the issuance of the Series 1998 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 1998 Bonds as securities depository (each, a "Bond Participant") or to any person who is an actual purchaser of a Series 1998 Bond from a Bond Participant while the Series 1998 Bonds are in book .:.entry form (each, a "Beneficial Owner") with respect to the following: (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 1998 Bonds, (n) 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 1998 Bonds, including any notice of redemption, or (ill) the payment to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the Series 1998 Bonds. The Paying Agent .and Registrar shall make payments with respect to the Series 1998 Bonds only to or upon the order of the Depository or its nominee, and all such payments shall be valid and effective :fully to satisfy and discharge the obligations with respect to such Series 1998 Bonds to the extent of the sum or sums so paid. No person other than the Depository shall receive an authenticated Bond, except as provided in (e) below. -13- . . (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 1998 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 appropriate 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 maiD.tain custody of the Series ¡998 Bonds or (ii) to make available Series 1998 Bonds registered in whatever name or names as the Beneficial Owners transferring or exchanging such Series 1998 Bonds shall designate. (c) If the City determines that it is desirable that certificates representing the Series 1998 Bonds be delivered to the ultimate beneficial owners of the Series 1998 Bonds and so notifies the Paying Agent and Registrar in writing, the Paying Agent and Registrar shall so notify the Depository, whereupon the Depository will notify the Bond Participants of the availability through the Depository of bond certificates representing the Series 1998 Bonds. In such even4 the Paying Agent and Registrar shall issue, transfer and exchange bond certificates representing the Series 1998 Bonds as'requested by the Depository in appropriate amounts and in authorized denominations. (d) Notwithstanding. any other provision of this Ordinance to the contrary, so long as any Series 1998 Bond is registered in the name of the Depository or any nominee thereof, all payments with respect to such Series 1998 Bond and all notices with respect to such Series 1998 Bond shall be made arid given, respectively, to the Depository as provided in the Letter of Representations. (e) Registered ownership of the Series 1998 Bonds maybe transferred on the books of registration maintained by the Paying Agent and Registrar, and the Series 1998 Bonds may be delivered ill physical form 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 any). If for any reason the Depository resigns and is not replaced, the City shall Îmmediately provide a supply of printed bond certificates for issuance upon the 1ransfers from the Depository and subsequent transfers or in the event of partial redemption. In the event that such supply of -14- I r I ¡ r I ¡ i ¡ , -¡ I < . certificates shall be insufficient to meet the requirements 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 dilly qualified and acting Mayor and City Clerk and by imprinting thereon or a.:f:fi$g thereto the City's seal. In case any officer whose signature or facsimile thereof shall appear on any Series 1998 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 remamed in office until the delivery of such bond. The Series 1998 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 1998 Bonds to be registered in the office of the Auditor of Public Accounts of the State of Nebraska. Thereafter the Series 1998 Bonds shall be delivered to the Paying Agent and Registrar for registration and authentication. Upon execution, registration and authentication of the Series 1998 BondS, they shall be delivered to the city Treasurer, who is authorized to deliver them to Ameritas Investment Corp., as initial purchaser thereof, upon receipt of 98.25% of the principal amount of the Series 1998 Bonds plus accrued interest thereon to date of payment for the Series 1998 Bonds. The officers of the City (or anyone of them) are hereby authorized to execute and deliver the Bond Purchase Agreement for and on behalf of the City. Said initial purchaser shall have the right to direct the registration of the Series 1998 Bonds and the denominations thereof within each maturity, subject to the restrictions of this Ordinance. The City Clerk shall make and certify a transcript of the proceedings of the Mayor and Council with respect to the Series 1998 Bonds which shall be delivered to said purchaser. -15- . < Section 12. The proceeds of the Series 1998 Bonds shall be applied to the payment of costs of cons1mction of the improvements described in Sections 1,2 and 3 hereof or to the payment of warrant or other indebtedness incurred for the payment of said costs and to pay issuance costs. Any accrued interest received from the sale of the Series 1998 Bonds shall be applied to pay interest falling due on said Series 1998 Bonds on June 1, 1999. Expenses of issuance of the Series 1998 Bonds may be paid from the proceeds of the Series 1998 Bonds. Section 13. The special assessments levied as described in Sections 1, 2 and 3 of this Ordinance and the interest on said assessments shall constitute a sinking fund for the payment of the principal and interest of the Series 1998 Bonds. The City agrees that it will collect said special . . assessments and, in addition thereto, shall cause to be levied and collected annl1a11y a special levy of taxes on all the taxable property in the City, in addition to all other taxes, sufficient in rate and amount to make up the deficiency between the amounts collected on said special assessments and the amount required to fully pay the principal and interest of the Series 1998 Bonds when and as such principal and interest become due. Section 14. The City hereby covenants to the purchasers and holders of the Series 1998 Bonds hereby authorized that it will make no use of the proceeds of said 'bond issue, including monies held in àny sinking fund for the Series 1998 Bonds, which would cause the ,Series 1998 Bonds to be arbitrage bonds within the meaning of Sections 1 03(b) and 148 of the Internal Revenue Code of 1986, as amended (the "Code"), and further covenants to comply with said Sections 1 03 (b) and 148 and all applicable regulations thereunder throughout the term of said bond issue. The City hereby covenants and agrees to take all actions necessary under the Code to maintain the tax exempt status (as to taxpayers generally) of interest payable on the Series 1998 Bonds. The City hereby -16- . . designates the Series 1998 Bonds as its "qualified tax-exempt obligations" pursuant to SectioIi 265(b )(3)(B)(i)(ITI) of the Code and covenants and wammts that the Series 1998 Bonds are not ~"private activity bonds" as such term is defined in Section 141(a) of the Code, 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 1998, and that it has not designated more than $10,000,000 of obligations (including the Series 1998 Bonds herein authorized) during the 1998 calendar year to the date of this Ordinance as qualified tax-exempt obligations. Section 15. The City's obligations under this Ordinance with respect to any or all of the Series 1998 Bonds herein authorized shall be fully discharged and satisfied as to any or all of such Series 1998 Bonds and any such Series 1998 Bond shall no longer be deemed to be outstanding hereunder if such Series 1998 Bond has been purchased by the City and canceled or when the payment of the principal of and interest thereon to the respective date of maturity or redemption (a) shall have been made or caused to be made in accordance with the terms thereof or (b) shall have been provided for by depositing with a national or state bank having trust powers, or trust company, in trust, solely for such payment (i) sufficient money to make such payment or (ü) direct general obligations (including"obligations issued or held in book entry form on the books of the Department of Treasury of the United States of America) of or obligations the principal and interest of which are unconditionally guaranteed by the United States of America (herein referred to as "U.S. Government Obligations") in such amount and bearing interest payable 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 Series 1998 Bond to be paid prior to maturity, the City shall have duly called such bond for" -17- . . redemption and giVeIl notice of such redemption as provided by law or made irrevocable provision for the giving of such notice. Any money so deposited with such bank or trust company may be. invested or reinvested in U.S. Government Obligations at the direction of the City, and all interest and income from U.S. Government Obligations in the hands of such bank or trust company in excess of the" amount required to pay principal of and interest on the Series 1998 Bonds for which such monies or U.S. GovemmentObligations were deposited shall be paid over to the City as and when collected. Section 16. The Prelimma;ry 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 17. This Ordinance shall be in force and take effect from and after its passage and publication in pamphlet form as provided by law. Passed and approved this 28tJ;!.. day of April . 1998. ~ Mayor Michael A. Mines Attest: . ()It.~.;,..¡J f)~P-^A"~~ City C1~". Alice I~. :"D;i.ß4r~çh"s.en (SEAL) "O\ln..,."... ~"".., OF ð~~"" ~.. "4:,, c::;, ¡>4! ~'f t;, ':,..,........ ~ ~ ;:... It. ~ ~ ",' -.. ~ !,: ClTYOF ,,\ :: : III :: ~*: SEAL !~! '; ~ : S \" "'.. FJRSTWSS .~ G ... .. .. 4' """" "'" . ;;> ".. ~"" oIa6.. ..- ~.. "'-.. 4""" ro""e~v. ~ ...." 4"""'$"t::.SR~"~,,t'ð" "'ouur.oat8 -18- I : î I I I I I ¡ r I f I I ORDINANCE NO. JR38 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA BY ADDING SECTION 9-111 ESTABLISHING GUIDELINES APPLICABLE TO ADDITIONS AND/OR AL TERA TIONS TO MANUFACTURED HOMES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN TIllS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MA YOR AN D THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That the Municipal Code of the City of Blair, Nebraska is hereby amended so as to add the following Section pertaining to manufactured homes: "Sec. 9-111 REQUIREMENTS FOR ADDITIONS AND/OR AL TERA TIONS TO MANUFACTURED HOMES. Additions and/or alterations to manufactured homes will be permissible within the corporate limits and within the zoning jurisdictional limits of the City of Blair, Nebraska, subject to the following: A. All additions, alterations or other areas subject to remodeling in manufactured homes will conform to the Uniform Mechanical Code, National Electrical Code, . Uniform Plumbing Code and Uniform Building Code. B. When any structural addition or structural alteration changes or modifies the original roof or the pitch of the original roof of a manufactured home, the owner shall provide City with a certification duly executed by a licensed and registered architect ór engineer in the State of Nebraska approving the plans for structural integrity of the addition/alteration and the existing manufactured home. C. Electrical service for the new addition and/or alteration shall be connected to an electrical panel in the new addition/alteration which then feeds into the original . panel of the manufactured home, thus making the original panel a subpanel; provided however, this condition may be waived if a licensed and registered engineer in the State of Nebraska certifies that the original electrical service in the manufactured home is of sufficient size and quality to handle the additional electrical load created by the addition/alteration. D. The plumbing, including water, sewer and gas, to the new addition/alteration shall not be connected to onginal plumbing system of the existing manufactured home; provided further, that all sewer drain lines from the addition may be connected. below the original sewer drain line connection of the manufactured home; provided however, this condition may be waived if a licensed and registered -1- [ r ~ I' ¡ r f I I ¡ I I [ i f I I f , STATEOFNEBRASKA ) ) :ss: WASHINGTON COUNTY) ALICE 1. DIEDRICHSEN, hereby certifies that she is the dilly 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 28th day of April, 1998. ~ Ð ~'1P-/d A, --' -,,-AI AJ' ~ .-,~ ALICE 1. DIEDRICHSEN, CITY CLERK -3- ,." .. ORDINANCE NO. 1839 AN ORDINANCE REZONING LOTS ONE (I)AND TWO (2), PLEASANT DELL SUBDNISION, CITY OF BLAIR., WASHINGTON COUNTY, NEBRASKA, FROM RML- MULTI-FAMILY RESIDENTIAL LOW DENSITY DISTRICT TO RL - RESIDENTIAL LOW DENSITY DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN TIllS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BL~ NEBRASKA: SECTION 1. Thatthe Zoning Regulations of the City of Blair be amended so as to change the zoning designation of Lots One (l)and Two (2), Pleasant Dell Subdivision, City of Blair, Washington County, Nebraska, fÌ'om RML - Multi-Family Resid~ntial Low Density District to. RL - Residential Low Density District. SECTION 2. Be it further ordained by the Mayor and the City Council of the City of Blair, Nebraska that the official zoning maps of the City of Blair should be changed to reflect the zoning established hereby. SECTION 3. All ordinances or parts of orcijnances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect fÌ'om and following the passage and publication hereof as required by law. PASSED AND APPROVED tbis 28 day of April, 1998. CITY OF BLAIR, NEBRASKA ..~~. ~CHAEL A. MINES ATTEST: /liu;~a,/J9-,ò ol,t£/J~j~r.J-Ø( , ALICE I. DIEDRlCHSEN, CITY CLERK STATE OF NEBRASKA ) ) :ss: ) "I"","""~ ,~~'~" OF 8/ ':"'. ~~ v~~"_...":'.IJ\~#~ ~.. ...rr c:.. ~. ,,~ ! ... cm OF -°.. ~ .. .. . .. :: .. .. .. -oJ, . BE ..: ::"'": AL :".!¥= : ~ : ~ -; ':.,. FIRST CLASS ,l ~ ';, $~ ~.. ,,:: "\',..?>" !:~~l ,~:':,: .. J~' (SEAL) W ASIllNGTON COUNTY ALICE I. DIEDRlCHSEN, 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 28th day of April, 1998. ~ J þ , (/11 1) ~ 0 .e /'L/ -<" j -' /..-7"./1 ALICE I. DIEDRlCHSEN, CITY CLÈRK ORDINANCE NO. 1840 AN ORDINANCE AMENDING THE CÛ:MPREHENSNE ZONING ORDINANCE OF THE CITY OF BLAIR., NEBRASKA, BY AMENDING SECTION 1101 SUCH AMENDMENT REDEFINING THE PARAMETERS OF THE SIGHT TRIANGLE EASEMENT; 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. Section 1101 of the Comprehensive Zoning Ordinances of the City of Blair, Nebraska, is amended to read as follows: "SECTION 1101 VISIBILITY AT INTERSECTIONS Sight Triangle Easement: On a comer lot in all districts, except the CCB Central Business District, , continuous unobstructed sight distance shall be provided for safe traffic operations. No obstruction, including fences, hedges, walls, shrubbery or other manmade or natural, obstructions shall exist between a height of two and one-half (2 Y2) feet and ten (10) feet with a sight triangle of the dimensions set forth on Diagram shown below and incorporated by this reference herein. --- --- 9"':""'¡Z:.S=:¡ C..,Get <::'1...A~IFIc::.,..:...7!O"N) I -A" ,t, ~_a "':""'Að!..:z) J . ~~øø.~ .J¡~ f r~,.,.~-;?- ':0 /.,4 .., "':< r- I -; . I ~ -J.r ,.. ( t~ , -s Ic5Hï ./ f- ~ ~'CURB ,¡Z::AN G:..ëi: ~ It. c- 5AS'aM ENï I l!l;: CTyPt<:::AL..) ]1 'U1: I ii ..¡ t.. \I 1 I I I. I Ii): I I ~ J<:,~I~Mæl<..!T e;.y "&(þ!~"".Al¥CS tl<l FGT) . , -- ----- ~ S~S;;T c::.L-A~ I FrCA TlOÑ I- Ii. .j. (MSASU2S;> AI..ØNG Cilrb or JII Q I- ,I- t"J ~I outside lane) ~! œ~ \1!. 13.\1. . ~~ g~ ~!- '""," (t:tf4TA""<?= IN FaST)' -('4\ l45 I ~&AL.. ~ïf/:.S¡;¡ T , .45 I 45' 60 45 I ~CL..I.-SG";'~c. <;"T'2.5iiï , 45, 45 I 60 60 I Aso:-r == 1Z-lÄL.. '.,...z.æe-¡ I 45 45 60 5IGl-lT Trz..[ANGLE * All Local to Collector, Local to Arterial, Collector to Arterial and Arterial to Arterial should be controlled by stop signs and traffic signals. Source: The illustrated Book of Development Definitions, (Moskowitz, Harvey and Carl Lindbloom, 1995)." SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and after its passage and publication hereof as provided by law. . Passed and approved this 12th day of May, 1998. CITY OF BLAIR, NEBRASKA ~ LA. MINES, MAYOR ATTEST: a~ ,)~ PEGGY FRAHM, DEPUTY CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) """"",."- ~"~q,~'f OF e/~'", ....~ (j\ .........~/.À¡'~ ... ..1"+ ¡øo. ~.. ..- e. . '" :' .. """"OF e. '" ...e ""f . ~ : . . ':Ii ~*i SEAL i1\'J - .. : '\ ~". FIRST ClASs l i .... " . I ..~ """" 1961 ..- f!i.~ '"".. -1tt" a......."" ,...'fi "'~~..; lJp, ASv..r;.,'~ R.t",U'uo" PEGGY 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 12th day of May,.1998. aJU)....J~ J PEGGY FRAHM, DEPUTY CITY CLERK ORDINANCE NO. 1841 AN ORDINANCE AMENDING THE SUBDIVISION REGULATION ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, BY CREATING SECTION 402.065, SAID SECTION PROVIDES FOR NOTIFICATION TO THE WASHINGTON COUNTY SURVEYOR OF A PROPOSED SUBDMSION PLAT; AND AMENDING SECTION 402.05, REDUCING THE OFFICIAL COMMENT PERIOD OF THE WASHINGTON COUNTY PLANNING COMMISSION AND COUNTY illGHW A Y SUPERINTENDENT FROM SIX (6) WEEKS TO FOUR (4) WEEKS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICTHEREWI1H, AND PROVIDING WHEN TIllS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. . BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR., . NEB RASKA: SECTION 1. Section 402.065 of the Subdivision Regulation Ordinance of the City of Blair, Nebraska, shall be created to read as follows: "402.065 NOTIFICATION OF WASHINGTON COUNTY SURVEYOR: At least ten (10) days prior to the Planning Commission meeting at which the préliminary plat is to be considered for approval, thé Planning Commission shall submit a copy of the proposal to the Washington County Surveyor and shall notify said Surveyor of the meeting date. SECTION 2. Section 402.05 of the Subdivision Regulation Ordinance of the City of Blair, Nebraska, shall be amended to read as follows: "402.05 NOTIFICATION OF THE COUNTY PLANNING COMMISSION AND COUNTY illGHW A Y SUPERINTENDENT: The City shall notify the Washington County Planning Commission and County Highway Superintendent. of any proposed subdIVIsIon plat and provIde the commission and superintendent with all avåilable materials on the proposed plat, when such proposed plat lies partially or totally within the . extraterritorial subdivision jurisdÍcnon being exercised by the City of Blair. The commission and highway superintendent shall be given Thirty (30) days to officially comment on the appropriateness of the design and improvements proposed in the plat. The review period shall run concurrently with subdivision review activities of the City of Blair after the County Planning Commission and Highway Superintendent receives all available material for a proposed subdivision plat: SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby ¡ ¡ I l I I ¡ r I I I l I r repealed. SECTION 4. This ordinance shall be in full force and effect ftom and after its passage , and publication hereof as provided by law. Passed and approved this 12th day of "May, 1998. CITY OF BLAIR, NEBRASKA ~~3 MICHAEL Å MINES, Mi\ YOR ATTEST: ~,""""I1f#1#. ,;.'.... OF el ...'I#. , 1io,..'!l,.~":........"':t'tJ:'"" ø v..,...... .,.. ~ If" eo ~ !Ii .e -OF .. ':r. I lI, Vln .. ~ .. '8 .. .. Z' AL:: =*: BE :*= =: -! ': .. : ... ~ .. FIRST ClASS" {t ,~~ ,,";1 '\ ... 1961 .ti J.':f "',#. 1!.,......." t-. ~~ ~#....¿r'£8R ~S~"..", '#111'"1111'" ~~ PEGGY FRAHM, DEPUTY CITY CLERK ' (SEAL) STATE OF NEBRASKA ) ) :ss: W ASHINqTON COUNTY ) PEGGY FRAHM, hereby certifies that she is the duly appointed, qualified and acting Deputy City Clerk of the City ofBlak, 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 12th day of ~ay, 1998. Q~ ;LL PEGGY FRAHM, DEPUTY CITY CLERK ORDINANCE NO. 1842 AN ORDINANCE AMENDING ORDINANCE 1488 BY ADDING SECTION 8-109 TO . MUNICIPAL CODE OF BLAIR, NEBRASKA, TO AUTHORIZE CERTAIN TEMPORARY I POLmCAL SIGNS TO BE PLACED UPON STREET RIGHT OF WAY OWNED BY THE . CITY OF BLAIR; BY ADDING SECTION 8-110 TO THE MUNICIPAL CODE OF BLAIR, NEBRASKA, TO AUTHORIZE CERTAIN TEMPORARY SIGNS ADVERTISING REAL ESTATE FOR SALE ON STREET RIGHT OF WAY OWNED BY THE CITY OF BLAIR, NEBRASKA; AND BY ADDING SECTION 8-111 TO THE MUNICIPAL CODE OF BLAIR, NEBRASKA, TO AUTHORIZE TEMPORARY Y ARD/GARAGE SALE SIGNS ON STREET RIGHT OF WAY OWNED. BY THE CITY OF BLAIR, NEBRASKA, PROVIDING FOR THE TERMS AND CONDmONS UNDER WHICH SUCH SIGNS MAY BE ERECTED; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCÈ SHALL BE IN FULL FORCE AND EFFECT. SECTION 1. That the Municipal Code of the City of Blair, Nebraska as codified in Ordinance No. 1488 is hereby amended to add the following provisions, to-wit: "Sec. 8-109 POLmCAL SIGNS. GENERALLY. Temporary political signs may be placed upon the right of way owned by the City of Blair, Nebraska, provided that the following terms and conditions are satisfied: 1. 2. Signs shall not exceed ten (10) square feet in area; Signs shall be placed: (a) not less than fifteen (15) feet from the back of the curb or edge of the pavement if no curb exists, or, (b) on the interior side of the sidewalk, whichever location is the greater distance from the street; Signs must be placed at least fifty (50) feet from a corner; Signs shall not be placed within two hundred (200) feet of a polling place; Pennission must be obtained from the property owner abutting the City right of way prior to installing any signs; Signs shall not be installed'more than four (4) weeks in advance of any primary, general or special election and shall be removed within seven (7) days after the election day; The provisions of this section shall apply only to right of way owned by the City and shall not apply to City owned parks, parking lots or other City owned real estate; and, Political signs shall be defined.as signs in support of or against a candidate or a proposition which is the subject of a general, primary or special election held in the City of Blair, Nebraska. 3. 4. 5. 6. 7. 8. -1- .' Political signs placed on City owned right of way that do not confonn to the foregoing tenns and conditions, or any political signs placed on any City owned parks, parking lots or other City owned real estate, shall be removed and disposed of by the City Administrator or by City employees designated by the City Administrator of the City of Blair, Nebraska." SECTION 2. That the Municipal Code of the City of Blair, Nebraska as codified in Ordinance No. 1488 is hereby amended to add the following provision, to-wit: ~'Sec. 8-110. TEMPORARY SIGNS, WHEN AND WHERE AUTHORIZED. Temporary signs advertising real estate for sale may be placed upon right of way owned by the City of Blair, Nebraska, provided that the following terms and conditions are satisfied: 1. 2. 5. Signs shall not exceed ten (10) square feet in area; Signs shall be placed: (a) not less than fifteen (15) feet from the back of the curb or edge of the pavement if no curb exists, or, on the interior side of the sidewalk, whichever location is the greater distance from the street; Signs must be placed at least fifty (50) feet from a comer; Permission must be obtained from the property owner abutting the City right of way prior to installing any signs; Such signs may only be placed on the right of way immediately abutting the specific real estate advertised for sale and may not be placed at any other location; furthennore, such signs. shall be removed within three (3) days of the completion of the sale; and, The provisions of this section shall apply only to right of way owned by the City and shall not apply to City owned parks, parking lots or other City owned real estate. (b) 3. 4. 6. Signs advertising real estate for sale placed on City owned right of way that do not confonn to the foregoing tenns and conditions or any such signs placed on City owned parks, parking lots or other City owned real estates shall be removed and disposed of by the City Administrator or by City employees designated by the City Administrator of the City of Blair, Nebraska." SECTION 3. That the Municipal Code of the City of Blair, Nebraska as codified in Ordinance No. 1488 is hereby amended to add the following provisions, to-wit: "Sec. 8-111 TEMPORARY YARD/GARAGE SALE SIGNS. Temporary signs advertising yard or garage sales may be placed upon right of way owned by the City of -2- Blair, Nebraska, provided that the following terms and conditions are satisfied: 1. 2. Signs shall not exceed ten (10) square feet in area; Signs shall be placed: (a) not less thari. fifteen (15) feet from the back of the curb or edge of the pavement if no curb exists, or, - on the interior side of the :;;idewalk, whichever location is the greater distance from the street; Signs must be placed at least fifty (50) feet from a comer; Such signs may only be placed on the right of way immediately abutting the specific real estate on which the yard or garage sale is taking place and my not be placed at any other location; such signs shall be removed within twenty-four (24) hours of the completion of the sale; and, The provisions of this section shall apply only to right of way owned by the City and shall not apply to City owned parks, parking lots or other City owned real estate. (b) 3. 4. 5. Yard or garage sale signs placed on City owned right of way that do not conform to the foregoing terms and conditions or any such signs placed on any City owned parks, parking lots Of other City owned real estate shall be removed and disposed of by the City Administrator or by City employees designated by the City Administrator of the City of Blair, Nebraska." SECTION 4. All ordinances or parts of ordinances in conflict with herewith are repealed. SECTION 5. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. PASSED AND APPROVED this 14th dayofJÙly,1998. CITY OF BLAIR, NEBRASKA BY{~ MICHAEL A. MINES, MAYOR -3- ATTEST: Brenda R. Taylor, (SEAL) STATE OF NEBRASKA ) : ) :ss: W ASlllNGTON 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 aIid foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 14th day of July,1998. -4- ORDINANCE NO. 1843 AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, TO ADOPT AND IMPOSE A SALES AND USE TAX EFFECTIVE ON AND AFTER OCTOBER 1,1998 OF ONE PERCENT UPON THE SAME 1RANSACTION WITHIN THE CORPORATE LIMITS OF THE CITY OF BLAIR ON WHICH THE STATE OF NEBRASKA IS AUTHORIZED TO IMPOSE SUCH A TAX PURSUANT TO THE PROVISIONS OF THE NEBRASKA REVENUE ACT OF 1967 AS AMENDED AND'THE LOCAL OPTION REVENUE ACT AS AMENDED; TO PROVIDE FOR THE ADMINISTRATION, ASSESSIYIENT, COLLECJION, CLAIMS, REMEDIES, PENALTIES, AND DISPOSmON OF SUCH SALES AND USE TAX; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND'PROVIDING WHEN TIllS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE ITORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That pursuant to the approval of the electors of the City of Blair, Nebraska, at the election held on May 12, 1998, there is hereby adopted and imposed pursuant to Section 77-2701, et seq. R.R.S. Neb. known as the Nebraska Revenue Act of 1967, as amended, and Section 77-27,142, et seq. R.R.S. Neb. known as the Local Option Revenue Act, as amended, a sales and use tax effective on and after October 1, 1998 of one percent (1 %) upon the same transactions within the corporate limits of the City of Blair, Washington County, Nebraska on which the State of Nebraska is authorized to impose a tax pursuant to the provisions of the aforementioned statutes of the State of Nebraska as the same may be from.time to time amended. SECTION 2. That said sales and use tax adopted and imposed herein shall terminate on September 30, 2005, unless an extension thereof is approved pur~uant to the requirements of said Local Option Revenue Act. SECTION 3. The administration of the sales and use tax imposed by this Ordinance, the making of returns for the ascertainment and assessment thereof, the provisions for tax claims and -1- remedies, the laws governing consummation of sales, penalties, and collection, and for the disposition and distribution of the taxes so imposed and collected shall be as provided by Section 77-2701 et seq. RRS. Neb. and Section 77-27,142 et seq., as amended, or as otherwise provided under Nebraska Law. SECTION 4. All revenue collections from the imposition of the sales and use tax adopted herein on the affected transactions within the corporate limits of the City of Blair: Nebraska, and any ihterest accruing on same shall be used only for the purposes of (1) funding street and road construction and repair within the City of Blair, Nebraska, and maintenance costs associated therewith, and/or, (2) the repair, remodeling or construction of Fire Department and Rescue Squad building improvements, or other similar permanent improvements, or the possible acquisition of real estate for such improvements, or both. SECTION 5. That the priorities of the specific projects to be funded with any of the proceeds of the one percent (1 %) City sales and use tax shall be determined by the Mayor and City Council, after having received input from the public pertaining to the priority of such specific projects. SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7. 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 June, 1998. ~~ CHAEL A. MINES, MAYOR -2- ATTEST: (}~/JJ H/; d,¡(,ß/A~ß~ ALICE 1. DIEDRICHSEN, CITY CLERK (SE~..'I'IJ"IÌ"/, ,,~~'¡-<~ OF at "'" ",.." t".!\ \ ............:09/"" ..~ .." V,," '".."l" ~ ,:>. .." .." lsT/..TE <8"V RfEB~J'f(A ) š*: SEAL :*~ ) :ss: ~~s~~ GÕùN"TY ) ~ "" ." ¡ ~.. "."" 1961 ....." .." QÓ"...... ~~~~DRICHSEN, hereby certifies that she is the dilly appointed, qualified and """"UUi",e9t' "" 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 9th day of June, 1998. t2Iuu tf!~ ALICE 1. DIE RICHSEN, CITY CLERK -3- ORDINANCE NO. 1844 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, BY REPEALING SECTION 1102 THEREOF AND ADOPTING NEW PROVISIONS PERTAINING TO FENCES, WALLS AND HEDGES, 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 MA YOR AND THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. Section 1102 of the Comprehensive Zoning Ordinance of the City of Blair, Nebraska is hereby repealed and revoked in its entirety. SECTION 2. The Comprehensive Zoning Ordinance of the City of Blair, Nebraska is hereby amended to add the following provisions: "SECTION 1102 FENCES. WALLS AND HEDGES Fences. Walls and Hedges: Notwithstanding other provisions of this ordinance, fences, walls and hedges may be permitted in any required yard, provided that no fence, wall or hedge along the sides or front edge of any front yard shall be over three and one half feet (3 1/2') in height. Additionally, no fence, wall or hedge shall exceed two and one half feet (2 1/2') in height when located within the site triangle of a comer lot. The following regulations shall apply to the construction of fences: 1) No solid fence shall be constructed closer to the street than the front property line. If sidewalk is located within the front yard, no fence shall enclose the sidewalk not shall a fence be constructed nearer than six inches (6") from the sidewalk. 2) No fence erected in a required front yard shall materially obstruct public view. Permitted types of fences shall include chain link fencing, wood fencing, (including split rail), wrought iron, plastic, vinyl, or other ornamental fencing. No component of a front yard fence shall exceed three and one half feet (3 1/2') in height, nor shall any structural member exceed thirty six inches (36") in area, as measured using the horizontal cross section. 3) No fence shall be constructed which will constitute a traffic hazard as identified in the sight triangle of a comer lot (See Section 1101). 4) No fence constructed in the second front yard of a comer lot shall exceed forty eight inches.(48") in height. For purposes of this Section, the 'second front yard' shall be deemed to be the area extending from the front comer of the house to the rear lot line on the side of the lot immediately adjacent to a City street. 5) No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals by intent of its construction or by inadequate maintenance. 6) No fence within Residential Districts, except fences erected upon public or parochial school grounds or in public parks and in public playgrounds, shall be constructed of a height greater than six feet (6'). 7) All fences shall conform to the construction standards of the Uniform Building Code and other ordinances. 8) In Commercial and Industrial Districts, maximum height of fences shall be six feet (6'); provided however, if industry standards for certain types of businesses . require fences of greater heights, the Zoning Administrator at his/her discretion . may allow greater heights. 9) All fences or parts thereofwhich are solid shall be constructed so that posts, braces, stringers, and all other structural members faced to the interior of the lot or parcel being fenced. 10) Effective from and after July 1, 1998, the Rules and Regulations of the Uniform Building Code pertaining to confinement and fencing of outdoor pools shall be in effect and shall be enforced. 11) All fence posts shall be made of wood, wrought iron, plastic, vinyl, ornamental fencing or of similar material as the remainder of the fence." SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. PASSED AND APPROVED this 23 day of June , 1998. CITY OF BLAIR, NEBRASKA B~~ C L A. MINES, MAYOR ATTEST: ~J ~9~dh"Þ~£dd, ALICE I. DIEDRICHSEN, CITY CLERK STATE OF NEBRASKA ) )ss ) """ "'OlJf" ':' ###"" ~"~.t'( oJ JO I,#. ..~" r"!\ \ .........":""IÞ ;;,.:0. .." v.. -."T ~ ~.. -. ~ ~ .11 CITY OF -. ~ : : ':t 10 : .. .. : ::.,I,c.: SEAL :-Jt.! : : : ~ :. .. . "" ~ ~ FIRST ClASS: I ... .. .- If " -..0 1961, ..- , """ IV."€..II..~ to: ..~.., "Þ#'IJE'BRAS""i..'~ 116'"814"'" (SEAL) WASHINGTON COUNTY ALICE 1. 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 23. day of June , 1998. ,f¿ ~ ~ ' vJ j)~JA;/f~~ ALICE 1. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1845 INTRODUCED :sY COUNCILMAN RYAN AN ORDINANCE ESTABliSHING THE BOUNDARIES OF THE VOTING WARDS OF 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. SECTION 1. That the vo~g wards of the City of Blair, Nebraska are set and eStablished as set forth on Exhibit "A" attached hereto and incorporated by this reference herein. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance shallbe in ~ force and effect :from and after its passage, approval and publication as provided by law. PASSED AND APPROVED this 2 ~rd day of June, 1998. ~ BY . . ~ LA. MINES, , Y R AITEST: ~ ~ f).~cißr~'.A1 ~ .ÆI/f' ) ALICE 1. DIEDRICHSEN, CITY CLERK ~~,tt"""'",« . ~""'... OF ÐJ ~!"" (SEAL) ~~.,.i\~....~4t'\ . " "'.° 0..' :!i 'eO .. \ 5 .. cnYOF -0. -.' ~ : . . . ::. AL ,.. =*: SE :*¡ : ~ .. = . ~ .. .. ~ ~ ~ ".. FIRST CLASS l I '; ""'.. .° ç ~ "0 196\ ..- ~ -:-,,~ )1.""'....""'- ",,; -", <¡I~OD I\t;~r\\.. '<','.,- "" ~n f""V tt\)11 ""toHH,H' l STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY) ALICE 1. DIEDRICHSEN, hereby certifies that she is the dilly 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 23rd day of June, 1998. (J}¡jI" t4R~ojA./ þ~ ALICE 1. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1846 AN ORDINANCE AMENDING SECTION 6-401 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA AS CODIFIED IN ORDINANCE NO. 1488 TO ELIMINATE CERTAIN VIOLATIONS WHICH ARE NOW ELIGIBLE TO BE DISPOSED OF BY THE "VIOLATIONS BUREAU" FOR THE CITY OF BLAIR, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN TillS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. Section 6-401 of the Municipal Code of the City of Blair, Nebraska as codified in Ordinance No. 1488 is hereby repealed in its entirety and is replaced with the following provisions, to-wit: "Sec.6-401 VIOLATIONS BUREAU. A Violations Bureau for the City of Blair is hereby created pursuant to Section 18-1729 R.R.S. Neb. for the purpose of collecting penalties for nuisance violations. Any person accused of a violation as established by Sections 6r 1 0 1 through 6-120 inclusive, Sections 6-201 through 6-203 inclusive, Sections 6-206 through 6-208 inclusive, Sections 6-3~19 through 6-319.10 inclusive, Sections 6-320 through 6-322 inclusive, Sections 6-325, Section 6-326, Section 6-328 and Section 6-333, inclusive, may within ten (10) days after the issuance of a citation of the violation and before the appearance date thereon, dispose of the citation by appearing at the office of the City Clerk of the City of Blair and remitting full payment of the penalty assessed for the specific violation. . Any person may plead not guilty to the citation and he or she may appear before the County Court of Washington County, Nebraska, on the date and at the time specified on the citation. At the time of the commission of the alleged violation, the accused shall be served with printed notice informing the accused of his or her options in disposing of the citation as noted hereinabove. If the accused fails to appear at the office of the City Clerk of the City of Blair or before the County Cou,rt of Washington County, Nebraska, on or before the date specified on the citation, a warrant for his or her arrest shall be issued by the County Court of Washington County, Nebraska. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. PASSED AND APPROVED this 23rd day of June, 1998. CITY OF BLAIR, NEBRASKA B~~~ ATTEST: STATE OF NEBRASKA ) ) :ss: ) "'.UU""" ~" OF a "'- ....", 4--( dl A ..., ...." ,..~, ......e.'";:"IIÞ 0...., ~.. 'OJ"," ",,7 ~ .:> eO> eo '" $ ." CITY OF °. ~ : : ~ ~ ~ .. .. - =,,!.t: SEAL :*= : : : S ~ .. . ~ " \ FIRST ClASS l ¡ .. .. . ~ ~ °.. 1"'~'. <)..." *.. """ oV""'°t.,: Ii," 0/>.. Ii, ...." .1'",.." """'4<,:E"SR p..~"'i,,'/i." ð,flaua."etfl,e i2b~ <.J 11; ~hJAC j4 ~ ALICE 1. DIEDRICHSEN, CITY CLERK (SEAL) WASHINGTON COUNTY ALICE 1. DIEDRICHSEN hereby certifies that she is the du1y 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 23rd day of June, 1998. 12tùv~ £)~ ALICE 1. DIEDRICHSEN, CITY CLERK OFFENSES INCLUDED IN VIOLATIONS BUREAU SECTION NO. DESCRIPTION 6-325 6-326 6-328 6-333 Animals; Running at Large A nimals; Banned from Municipality Animals; Wild Animals; Enclosures Fowls; CockFighting Baby Poultry Misdemeanor; Appliances in Yard. (Class ill Misdemeanor) Misdemeanor; Diseased or dying trees (Class ill Misdemeanor) Misdemeanor; Slingshots (Class V) Misdemeanor; Planting of Trees Misdemeanor; Spacing of Street Trees Misdemeai1or; Planting Distance from Curb and Sidewalk of Park and Street Trees Misdemeanor; Planting Distance from Street Comers &'Fire Plugs of Street & Park TreeS Misdemeanor; Tree Topping Misdemeanor; Pruning and Comer Clearance of Trees Misdemeanor; Removal of Stumps Misdemeanor; Interference with Park and Recreation Advisory Board of City Forester Misdemeanor; Injury to Trees Penalties ' Misdemeanor; Littering Misdemeanor; Posting (handbills, etc.) Misdemeanor; Notices Official, Unlawful Acts Misdemeanor; Window Peeping Misdemeanor; Obstruction of Public Ways Misdemeanor; Loitering and Vagrants Misdemeanor; Junk. Accumulations 6-201 6-202 6-203 6-206 6-207 6-208 6-310 6-312 6-318 6-319.01 6-319.02 6-319.03 6-319.04 6-319.05 6-319,06 6-319.07 6-319.08 6-319.09 6-319.10 6-320 6-321 6-322 OFFENSES MOT INCLUDED IN VIOLATIONS BUREAU SECTION NÒ. DESCRIPTION 6-327 Animals; Cruelty (Class IT Misdemeanor) Dogs and Other Animals; Rabies Suspected. Animals; Impounding Misdemeanors; Assault in the Third Degree. (Class I I Class IT Misdemeanor) Misdemeanors; Theft. (Class ill Misdemeanor) Misdemeanors; Criminal Mischief (Class II I Class ill Misdemeanor) Misdemeanors; Criminal Trespass. (Class III Class ill Misdemeanor) Misdemeanors; Impersonating a Peace Officer (Class I Misdemeanor) Misdemeanors; Public Indecency (Class II Misdemeanor) Misdemeanors; Resisting Arrest, Without Use of a Deadly or Dangerous Weapon. (Class I Misdemeanor) Misdemeanors; Obstructing a Peace Officer (Class I I II Misdemeanor) Misdemeanors; Disturbing the Peace (Class ill Misdemeanor) Misdemeanors; Radio Interference (Class III Misdemeanor) Misdemeanors; Discharge of Firearms. Misdemeanors; Firearms, Possession, Transportation When Allowed Misdemeanors; Hand Guns, Possession, , Transportation When Allowed Misdemeanors; Possession of Firearms by Person under 21 years. Misdemeanors; Firearms, Possession, Exceptions Misdemeanors; Disorderly Conduct Misdemeanors; Unlawful Assembly (Class III Misdemeanor) Misdemeanors; Curfew (Class III Misdemeanor. Misdemeanors; Misrepresentation by Minor (Class III Misdemeanor) 6-204 6-205 6-209 6-301 6-302 6-303 6-304 6-305 6-306 6-307 6-308 6-309 6-313 6-314 6-315 6-316 6-316.01 6-317 6-323 6-324 6-329 ." .. 6-336 Misdemeanors; Minor În Possession of Alcohol (Class III Misdemeanor) Misdemeanors; Drinking În Public (Class IT / Class IV Misdemeanor) Misdemeanors; Aerial Traffic (Class III Misdemeanor) Misdemeanors; Meter Tampering (Class III Misdemeanor) Misdemeanors; Cable Television, Theft of Service. (Class IT Misdemeanor) Misdemeanors; Bingo Games, Lotteries, Operation and Participation (Class III Misdemeanor) Drugs, Controlled Substances" Paraphernalia (Class II Misdemeanor. 6-330 6-331 6-332 6-334 6-335 6-337 ,'. .' ORDlNANCE NO. 1847 AN ORDlNANCE VACATING THAT PORTION OF FOURTEENTH SJREET LYING BETWEEN BLOCK 23 AND BLOCK 24 AND LYING SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF STATE STREET IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, RESERVING, HOWEVER., UNTO THE CITY OF BLAIR A PERPETUAL EASEMENT FOR ANY PUBLIC OR PRIVATE UTILITIES LOCATED IN SAID STREET, lNCLUDING BUT NOT LIMITED TO WATER LINES, SEWER LINES, TELEPHONE, GAS OR CABLE TELEVISION LINES, REPEALING ALL ORDINANCES OR PARTS OF ORDlNANCES IN CONFLICT HEREWITH, AND PROVIDlNG WHEN TIllS ORDlNANCE 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 portion of Fourteenth Street lying between Block 23 and Block 24 and ¡ lying south of the southerly right of way line of State Street in the City of Blair, Washington County, Nebraska, is hereby vacated providing, however, the City of Blair, for itself or its assignees, hereby reserves a perpetual easement fot any public or private utilities located in said I street, including but not limited to water lines, sewer lines, telephone, gas or cable television lines. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in full force and effect :ITom and following the passage and publication hereof as required by law. . PASSED AND APPROVED this 14 th day of July, 1998. C~I ~ MICHAEL A. MINES, MA YOR ATTEST: '~t~ BRENDATA YLOR, C CLERK (SEAL) STATE OF NEBRASKA ) ):ss: WASHINGTON COUNTY ) BRENDA TAYLOR, 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 Orclinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 14 th day of July, 1998 -_.~-~._-- ORDINANCE NO. 1848 AN ORDINANCE OF THE CITY OFBLAIR, WASHINGTON COUNTY, NEBRASKA, GRANTING TO PEOPLES NATURAL GAS COMPANY, A DMSION OF UTILIÇORP UNITED INC., A NONEXCLUSIVE FRANCHISE, FOR A PERIOD OF TEN (10) YEARS WITH AN OPTION TO EXTEND THE TERM AN. ADDITIONAL FIVE (5) YEARS. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. Grant of Franchise. Thatin consideration of the benefits to be derived from the installation and operation of a gas distribution system in the City of Blair, Nebraska (hereinafter sometimes designated as "City"), by City and its inhabitants, there is hereby granted to Peoples Natural Gas Company, a division of Utili Corp United Inc., a public service corporation duly incorporated under the laws of the State of Delaware, and authorized to do business in the State of Nebraska (hereinafter sometimes designated as "Grantee"), its successors and assigns, the right, permission and authority to lay, install, maintain and operate a gas transmission and distribution system within the limits of City, as the same now exists or may be hereafter extended, during the term of this franchise; and for this purpose there is hereby further granted to Grantee the right, permission and authority during said period to lay~ install, maintain and operate in, upon, over, across and along all of the streets, avenues, alleys, bridges and public places of City all mains, services, pipes, conduits and/or appliances necessary or convenient for transmitting! transporting, distributing and supplying gas for heating, industrial, power - and other purposes for which gas may be used, and for the purpose of transmitting, . transporting and conveying such gas into, through or beyond the immediate limits of City to other cities, villages and customers. SECTION 2. Installation ofMahts, Servi~s and Pipes. That all mains, services and pipes which shall be laid or installed under this grant shall be located and laid so as not to obstruct or interfere with any water pipes, drains, sewers, paving or other structures already installed, and all such mains, services and pipes shall be laid in place subject to the approval of the Committee on Streets and Alleys of the City or subject to the approval of such representative as City may from time to time provide; provided that mains, services and pipes shall be laid in the alleys of City where reasonably practicable. Grantee shall, in doing any work in connection with mains, pipes and services, avoid, so far as may be practicable, interfering with the use of any street, alley, or other highway, . and where paving of sUrface of the street is disturbed for Grantee's purposes, Grantee shall, at its own expense and in a manner satisfactory to the duly authorized representatives of City, replace such paving or surface of the street or alley in as good condition as before the work was commenced. / /' - SECTION 3. Construction and Extension of Mains. That Grantee, its successors or assigns, shall make such reasonable extensions of its maiÌlS and shall install services, including installation and maintenance of reliable meters and other measurement and regulation equipment, as are economically feasible to parties located within City who have requested and received from Grantee approved applications therefore; provided, however, that no obligation shall extend to, or be binding upon Grantee, to construct or extend its mains or furnish natural gas or gas servíce within City if Grantee, is, for any reason, unable to obtain delivery of an adequate supply of natural gas at or near the- corporate limits of City to warrant the construction or extension of its mains; provided, further, that when the amount of natural gas supplÍed to Grantee at or near thè City limits is :i:nsu:f5cient to meet the additional firm requirements of connected or new consumers, ~tee shall have the right to prescribe reasonable rules and regulations for allocating the available supply of natural gas for such additional :firm requirements to domestic, commercial and industrial consumers, in that order of priority. SECTION 4. Relocation of Company Facilities. If Grantor elects to alter or -change the grade of or otherwise improve any street, alley, public way, public property or public right-of-way, or construct, repair, or reconstruct any sewer or water system therein, Grantee~ upon reasonable notice by the Grantor, shall remove, ~lay, and relocate its facilities or equipment at the cost and expense of the Grantee. However, if the Grantor orders the Grantee to relocate its facilities or equipment, said relocation being for the primary benefit of a private individual or entity or for the primary benefit of a private project, the Grantee shall have the right to receive reimbursement for the reasonable cost of such reloc~tion. SECTION 5. Franchise Term. That this franchise is hereby granted for a period often (10) years commencing Oêt'õber 1, 1998 . with a five-year extension unless City notifies Grantee, in writing, within 30 days prior to the 10th anniversary, and -- demonstrates that Grantee has failed to act in a prudent and commercially reasonable manner during the initial term. SECTION 6. Insurance. That Grantee shall maintain insurance at all times during term of this franchise and any extension hereof in an amount of not less than $10,000,000 per occurrence to cover and protect itself and the City as an additional insured from and against all claims, demands, losses, actions, judgments, costs, expenses and liabilities which may arise. or result, directly or indirectly, from or by reason of loss, injury or damage to the City, its property? employees or agents, or to other persons or their property on account of or arising from negligence of Grantee in the laying, installing, removing, inspection or repair of any mains, pipes, service or appliances of Grantee or in the use and operation thereof, pr9vided, however, such coverage and protection shall not extend to claims, demand, loss and expense arising out of the negligence of the City, its employees or agents. Grantee's insurer shall carry a rating equal to or greater than A.M. Best's A, FSC Class VIII. - ; i , [ I i I i r I i í ! ! It is a condition of this franchise that all policies waive governmental iinmunity as a defense in any action brought against the insured or any other party to this franchise, and that the City be named in the policies as an additional insured. The Grantee shall file and maintain current Certificates of Insurance for all required coverages with the City at all times s~owing the specific limits of insurance, coverages and deductibles. - SECTION 7. Inspection of Records. That for the purpose of affording City the opportunity to enforce and collect the franchise fee imposed by this Ordinance and any and all fees, taxes or other assessments imposed by City, Grantee shall provide. all reasonably requested data and information necessary to ascertain or verify correctness and accuracy of all franchise fees paid. Grantee shall further permit City to inspect books, records, contracts, and other documents related to the Grantee's provision of gas service under this franchise, excluding, however, those documents beyond the jurisdiction of the City pursuant to the provisions of the Municipal Natural Gas Regulation Act. SECTION 8. Regulatory Authority. The City expressly reserves, and the (Jqmtee expressly recognizes, the City's right and duty to adopt, in addition to the provisions in this franchise, ordinances, rules and regulations as the City deems necessary to exercise its police power for the protection of the health, safety and welfare of its citizens and their properties. The City shall exercise its responsibility to establish, regulate and control the classes of service, the type. of services to be provided, !be rates for each type of service, and the terms and conditions of service for all gas customers, consistent with aPplicable provisions of the Municipal Gas Regulation Act~ Grantee agrees to comply with all ordinances, rules and regulations of the City from time to time enacted or adopted by City pertaining to the distribution 8.!!d sale of gas within the City, the establishing of rates therèfor and as may otherwise pertain to the business of Grantee. Upon request of the City, the Grantee shall make available to the public in the office of the City Clerk of the City current copies of the rates charged to each customer or customer class, the rate tariffs approved by the City, and, ifrequested by City, Grantee's then current service standards, service rules and regulations and service connection and extension policies. SECTION 9. Grantee Holds City Harmless. That Grantee, during the term of this Ordinance, agrees to save harmless the City from and against all claims, demands, loss and expense arising out of the negligence of Grantee in the laying, installing, removing, inspection or repair of any mains, pipes, service or appliances of Grantee or in the use and operation thereof, provided, however, that Grantee need not save harmless the / ./ - City from claims, demand, loss and expense arising out of the negligence of the City, its employees or agents. SECTION 10. Acceptance of Franchise. That this Ordinance shall be in full force and effect from and after its passage and publication as required by law, and its acceptance by Grantee, If Grantee does not, within sixty (-60) days following passage of this Ordinance, express in ~ting Its objection to any term or provisions contained therein, or_reject this Ordinance in its entirety, then Grantee shall be deemed to have accepted this Ordinance. SECTION 11. Rate Schedule. That Grantee shall file and make effective a schedule of rates for gas service and shall furnish gas at the schedule of rates set forth - therein or at such other reasonable rates as may, be hereafter established from time to time under the Nebraska Municipal Gas Regulation Act, Neb. Rev. Stat. §§19-4601,-et seq. (1943). / SECTION 12. Franchise Fee. That Grantee shall collect from its customers and pay to the City Treasurer an amount equal to five (5) percent of its gross collected receipts derived from sales or transportation of natural gas delivered within the City, computed from and after the first day of the billing month following the effective date' of this Ordinance. Such payments shall be in lieu of any and all other fees, charges, licenses, taxes or assessments which the City may impose on Grantee for the rights and privileges granted herein or for the privilege of conducting a gás business within the City. Such payments shall be made semi-annually on or before March 1st and September 1st of each year. Such fees shall be recovered by Grantee (rom its customers in the City as a line it~m on. the customer bill. ' In the event that, after the effective date of this Ordinance, the business of Grantee in City shall be subjected to any additional taxes measured by its gross revenues from the operation of its business or as a fee for carrying on such busines~, or in the event that (i) the rate of any tax or (ii) the amõunt of any fee shall be mcreased after the effective date of this Ordinance, Grantee shall be entitled to assess such additional fees or taxes to customers in the City. SECTION 13. Operative Date. That this Ordinance shall constitute a binding contract between City and Peoples Natural Gas Company, its successors and assigns, and shall be in full force and take effect (after written acceptance by Grantee in accordance with the provisions of Section 10 above) upon approval' and publication which approval and publication shall be written within fifteen (15) days of passage. SECTION 14. All ordinances or parts of ordinances in conflict herewith are hereby repealed. - , ' Passed and approved this 28th day of July , 1998. CITY OF BLAIR, NEBRASKA ~ By . . ....-: CHAEL A. MINES, MAYOR. . ATTEST: ~R.~ BRENDA R. TA YLO~ TY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: W ASHlNGTON COUNTY) BRENDA R. TAYLOR hereby certifies thai sh~ is the dilly appointed, qualified and . .,; acting City Cierk of the City of Blair, Nebrask~ and that the above and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of the City of Blair, Nebraska held on the. 28th day of July , 1998. BRENDAR. TAYLO~ CIT .) " i .( 1 ; i j.. 5 " , " c Acceptance of Franchise 'The undersigned, Peoples Natural Gas Company, a division of Utili Corp United Inc., a Delaware corporation, for itself, its successors and assigns, hereby accepts Ordinance No. /ilØð, granting. to Pe~ples Natural Gas Company, a ftanchise to construct, maintain and operáte a system of mains, pipes, services and other appliances in, upon, over, across and along the streets and public places of the City of Blair, Nebraska for the purpose of transmitting, distributing and selling gas for domestic, commercial, industrial and other uses in the City, which was passed and adopted by the City on the 2'f11 day of ~ 1998, this acceptance being made in compliance with Section /0 of the Ordinance. Dated at~.J ~, ~ this,~ day of~, 1998. Peoples Natural Gas Company, a division of Utili Corp United Inc. B9!;:r-H a business segment - of Utili Corp United, Inc. ATTEST: Acknowledgment and Veri!ication of Acknowledgment of Filing of Acceptance of Franchise The receipt and filing of the foregoing Acceptance of Franchise pursuant to the provisions of Ordinance No. ) ~ Lt ~ of the City of Blãir, Nebraska is hereby acknowledged and verified this 22. rd day of Dc:CCJn her , 1998. þ~!~ (SEAL) / /' r,' - . ORDINANCE NO. 1849 AN ORDINANCE PROVIDING FOR AND APPROVING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE TO USA CABLE EAST, L.L.C. AND AMENDING THE FRANCHISE AS PROVIDED FOR IN THIS ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND AFFECT. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCil., OF BLAIR, NEBRASKA: SECTION 1: The City has granted a cable television franchise (the "Franchise") pursuant to Ordinance No. 1732 and Resolution 1995-1 dated January 10, 1995 which is currently held by Cable USA, Inc. ("USA"). Pursuant to the Franchise, USA has the authority to operate a cable television system within the boundaries of the CityNillage. USA has requested that the City consent to the proposed transfer and assignment of the Franchise by USA to USA Cable East, L.L.c. ("USA East"), and the City is willing to consent to this transfer and assignment. SECTION 2: Pursuant to the Franchise, consent and approval is granted for the transfer and assignment of the Franchise by USA to USA East. The Mayor and City Clerk of the City of Blair, Nebraska are authorized to execute and deliver the attached Consent to Assignment, marked Exhibit "A" and incorporated by this reference h~rein. SECTION 3: A copy of the Assignment and Assumption by which the Franchise was transferred and assigned by USA to USA East is attached to this Ordinance. All terms and provisions of the Franchise shall continue in full force and effect. SECTION 4: In the event any of the terms and provisions of any other ordinance or regulation of the City are inconsistent with the terms and provisions of this Ordinance, the terms and provisions of this Ordinance shall govern and control. SECTION 5: This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. PASSED AND APPROVED this 11 th day of August, 1998. CITY OF BLAIR, NEBRASKA ~~ -1- ATTEST: ~i<~~ B. NDA R. AYLOR, C CLERK (SEAL) STATE OF NEBRASKA ) .) :ss: ) WASHINGTON COUNTY BRENDA R. TAYLOR, 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 11 th day of August, 1998. BRENDA R. TAYLOR, C -2- EXHIBIT itA" I , The Ci ty of Blair, Nebr. aska. ( "the Fran chiso;") C. onsents to~the -Assignment and Assumption (the" Assignment" ) between Cable SA, Inc. {"USA"} and USA Cable East, L.L.C. {"USA East"}, -a cop of which is attached, and which provides for the transfer I and assignment by USA to USA East of the following (the "Franc ise Documents") : CONSENT-TO ASSIGNMENT Cable television franchise granted pursuant to Ordinance No. 1732 and Resolution No. 1995-1, dated January 10, 1995; and I I An int. erest . in an Easem. ant. from the City on proptrt. y I... described as: Tax Lot 67 and Tax Lot 23 is Section 14,l Township 18 North, Range 11 East of the 6th I? M. t l Washington County, Nebraska. I. The Franchisor confirms that the Franchise Documents are v lid and binding and- in fuLl force ap.d effect i that USA is the pre ent' holder of the Franchise Documents. Dated:,At,tgust llih, 1998. 'City of Blair Attest: Brenda R. '" ORDINANCE NO. 1850 AN ORDINANCE PROVIDING FOR AND APPROVING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE TO TELEPARTNERS, LLC. AND AMENDING THE FRANCHISE AS PROVIDED FOR IN THIS ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND AFFECT. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF BLAJR NEBRASKA: SECTION 1: The City has granted a cable television ftanchise (the "Franchise") pursuant to Ordinance No. 1732 and Resolution 1995-1 dated January 10, 1995 which is currently held by USA Cable East, LLC ("USA East). Pursuant to the Franchise, USA East has the authority to operate a cable television system within the boundaries of the CityNillage. USA East has . requested that the City consent to the proposed transfer and assignment of the Franchise by USA East to TelePartners, LLC. ("TelePartners"), and the City is willing to consent to this transfer' and assignment. SECTION 2: Pursuant to the Franchise, consent and approval is granted for the transfer and assignment of the Franchise by USA East to TelePartners. The Mayor and City Clerk of the City of Blair, Nebraska are authorized to execute and deliver the attached Consent to Assignment, marked Exhibit "A" and incorporated by this reference herein. SECTION 3: All terms and provisions of the Franchise shall continue in full force and effect. As set forth in the Consent to Assignment, the City consents to the grant by TelePartners of a security interest in the Franchise Ordinance to its lenders to secure indebtedness or oilier obligations incurred by TelePartners with respect to the cable television system to be operated by Telepartners pursuant to the Franchise. . SECTION 4: The transfer of the Franchise shall be effective upon the closing of the sale by USA East to TelePartners of the cable television facilities serving the City. TelePartners shall notify the City of the transfer of the Franchise within 30 day of the this closing, and provide a copy of the Assignment and Assumption by which the Franchise was transferred and assigned by USA East to Telepartners. -1- SECTION 5: This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. PASSED AND APPROVED this 11th day of August, 1998. CITY OF BLAIR, NEBRASKA ¿..~ MICHAEL A. MINES ATTEST: BRE1\1DAR. TAYLOR (SEAL) STATE OF NEBRASKA ) ) :ss: ) WASHINGTON COUNTY BRENDA R. TAYLOR, 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 11 th day of August, 1998. -2- '" ',. EXHIBIT "A" " CONSENT TO ASSIGNMENT The City of Blair, Nebraska ("the Franchisor") consents to the Assignment and Assumption (the" Assignment") between TelePartners, L.L.C. ("Buyer") and USA Cable East, L.L.C. ("Seller"), a copy of which is attached, and which provides for the transfer and assignment by Seller to Buyer of the following (the "Franchise Documents") : Cable television franchise granted pursuant to 'Ordinance No. 1732 and Resolution No. 1995-1, dated January 10, 1995; and An interest in an Easement from the City on property described as: Tax Lot 67 and Tax Lot 23 is Section 14, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska. The Franchisor further consents to (i) Buyer' s collateral assignment of, or grant of a security interest in, the Franchise Documents to Buyer's lenders to secure indebtedness or other obligations which may be incurred by Buyer with respect to the cable television system to be operated by Buyer pursuant to the Franchise Documents; and (ii) to the exercise by such lenders of their rights as secured parties in and to the Franchise Documents in the event ofa default by Buyer in the payment of its indebted- ness" or the performance of its obligations secured by such security interest; provided, though, that nothing contained herein shall constitute a waiver of any rights of the Franchisor to approve any subsequent transfer or assignment of the Franchise Documents. The Franchisor confirms that the Franchise Documents are valid and binding and in full force and effect i that Seller is the present holdèr of the Franchise Documents. The Franchisor understands that the execution of the Assign- ment by Buyer and Seller, and the assumption by Buyer of the Franchise Documents are contingent upon, and shall occur at the time of theconsurnmation of the Purchase Agreement referred to in the Assignment. This Consent to Assignment shall also be contin- gent upon receipt by the Franchisor of a fully-executed document citing the Buyer's agreement to faithfully perform and carry out all terms, conditions, and provisions of the Franchise Documents. Dated: August ~., 1998. City of Blair ~ l.tle: Michael A. Mines, Mayor Attest: NOTICE OF PASSAGE AND PUBLICATION OF ORDINANCE Pubhc L.otice is hereby given that the Mayor and Council of the City of Blair, Nebraska, at their meeting on August 25 , 1998, have passed and approved Ordinance No. 1851 - the title of which reads as follows: ORDINANCE NO. 1851 AN ORDINANCE AUTHORIZING THE ISSUANCE OF SEWER SYSTEM REVENUE BONDS, SERIES 1998, OF THE CITY OF BLAIR, NEBRASKA, IN THE AGGREGATE PRINCIPAL AMOUNT OF ONE MILLION NINETY-FIVE THQUSAND DOLLARS ($1,095,000) FOR THE PURPOSE OF PROVIDING FOR THE PAYMENT AND REDEMPTION OF ¡HE CITY'S OUTSTANDING SEWER REVENUE BOND ANTICIPATION NOTES, SERIES 1995, IN THE PRINCIPAL AMOUNT OF $980,000; DIRECTING THE APPLICATION OF THE PROCEEDS OF SAID BONDS; PRESCRIBING THE FORM, TERMS AND DETAILS OF SAID BONDS; PLEDGING AND HYPOTHECATING THE REVENUES AND EARNINGS. OF THE SEWAGE DISPOSAL PLANT AND SANITARY SEWER SYSTEM OF SAID CITY FOR THE PAYMENT. OF SAID BONDS AND INTEREST THEREON; PROVIDING FOR THE COLLECTION, SEGREGATION AND APPLICATION OF THE REVENUES OF SAID SEWAGE DISPOSAL PLANT AND SANITARY SEWER SYSTEM; ENTERING INTO A CONTRACT ON BEHALF OF THE CITY WITH THE HOLDERS OF SAID BONDS; AND PROVIDING FOR PUBLICATION OF TIllS ORDINANCE INP AMPHLETFORM. Said Ordinance has been published in pamphlet form. Copies of the OrdIDance as so published are available at the office of the City Clerk at 218 S. 16th Street in Blair, Nebraska. ~d RI¥= City Clerk ORDINANCE NO. 1851' AN ORDINANCE AUTHORIZING THE ISSUANCE OF SEWER SYSTEM REVENUE BONDS, SERIES 1998, OF THE CITY OF BLAIR, NEBRASKA, IN THE AGGREGATE PRINCIPAL AMOUNT OF ONE MILLION NINETY-FIVE THOUSAND DOLLARS ($1,095,000) FOR THE PURPOSE OF PROVIDING FOR THE PAYMENT AND REDEMPTION OF THE CITY'S OUTSTANDING SEWER REVENUE BOND ANTICIPATION NOTES, SERIES 1995, IN THE PRINCIPAL AMOUNT OF $980,000; DIRECTING THE APPLICATION OF THE PROCEEDS OF SAID BONDS; PRESCRIBING THE FORM, TERMS AND DETAILS OF SAID BONDS; PLEDGING AND HYPOTHECATING THE REVENUES AND EARNINGS OF THE SEWAGE DISPOSAL PLANT AND SANITARY SEWER SYSTEM OF SAID CITY FOR THE PAYMENT OF SAID BONDS AND INTEREST THEREON; PROVIDING FOR THE COLLECTION, SEGREGATION AND APPLICATION OF THE REVENUES OF SAID SEWAGE DISPOSAL PLANT AND SANITARY SEWER SYSTEM; ENTERING INTO A CONTRACT ON BEHALF OF THEcCITY WITH THE HOLDERS OF SAID BONDS; AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE INP AMPHLET FORM. BE IT ORDAINED by the Mayor and Council of the City of Blair, Nebraska, as follows: Section 1. The Mayor and Council of the City of Blair, Nebraska, hereby find and determine: (a) The City owns and 'operates a sewage disposal plant and sanitary sewer system which constitutes a revenue producing facility and undertaking within the meaning of such term as setforth'inSections 18-1803 to 18-1805 RRS. Neb. 1997; that said plant and system together with all additions and improvements thereto hereafter acquired or constructed are herein referred to as the "Sewer System"; (b) The City has determined that it is necessary and advisable for the City to construct certain improvements to the Sewer System. The City has constructed said improvements which include the construction of a sludge stabilization facility and other miscellaneous and related work. There are cun-ently outstanding bond anticipation notes in the principal amount of$980,000, which provided interim financing for a portion of the improvements; the total cost of said improvements requiring permanent funding is not less than $980,000. I I I I i I I l ( c) There is presently no outstanding indebtedness of the City other than temporary notes, which have been called for redemption on October 1, 1998, upon the issuance of bonds as herein authorized, for which the revenues of the Sewer System have been pledged or hypothecated in any manner (d) To satisfy the funding requirements described in this Section 1, including funding of appropriate reserves and payment of issuance costs, it is necessary for th~ City to issue its Sewer System Revenue Bonds, Series 1998, in the total principal amount of $1,095,000 pursuant to Sections 18-1803 to 18-1805 RRS. Neb. 1997. All conditions, acts and things required by law to exist or to be done precedent to the issuance of the City's Sewer System Revenue Bonds in the principal amount of $1,095,000, do exist and have been done and performed in regular and due time and form as required by law. Said bonds will be payable from the revenues of the Sewer System. Section 2. In addition to the definitions provided in parentheses elsewhere in this Ordinance, the following definitions ofterms shall apply, unless the context shall clearly indicate otherwise: ( a) the term "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 1998 Bonds, including any such bonds issued pursuant to S ecti on 13 and refunding bonds issued pursuant to Section 14. (b) the term "Average Annual Debt Service Requirements" shall mean that number computed by adding all of the principal and interest due when computed to the absolute maturity of the bonds for which such computation is required and dividing by the number of years remaining that the longest bond of any issue for which such computation is required has to run to maturity. In making such computation, the principal of any bonds for which' mandatory redemptions are scheduled shall be treated as maturing in accordance with such schedule of mandatory redemptions. (c) the term "Deposit Securities" shall mean obligations of the United States of America, direèt or unconditionally guaranteed, including any such obligations issued in book entry ~orm. (d) the term "Net Revenues" shall mean the gross revenues derived by the City from the ownership or operation of the Sewer System, including investment income, but not including any income from sale or disposition of any property belonging to or forming a part : of the Sewer System, less the ordinary expens.es for operating and maintaining the Sewer System payable from the Operation and Maintenance Account described in Section 11 oftbis Ordinance. Operation and Maintenance expenses for purposes of determining "Net Revenues" shall not include depreciation, amortization offinancing expenses or interest on any bonds or other indebtedness. Net Revenues for all purposes of this Ordinance shall be shown by an audit for the fiscal year in question as conducted by an independent certified public accountant or firm of such accountants. ( e) the term "Paying Agent and Registrar" shall mean the Treasurer of the City of Blair, Nebraska, as appointed to act as paying agent and registrar for the Series 1998 Bonds pursuant to Section 4 hereof, or any successor thereto. -2- .."". II; \ I I \ I (f) the term "Revenues" shall mean all of the rates, rentals, fees and charges, earnings. \ and other monies, including investment income, :trom any source derived by the City offilair, Nebraska, through its ownership and operation of the Sewer System. Section 3. T 0 provide funds for the purposes described in Section 1, there shall be and there. . are hereby ordered issued the negotiable bonds of the. City of Blair, Nebraska, to be designated as "Sewer System Revenue Bonds, Series 1998" (tbe "1998 Bonds"), in the aggregate principal amount of One Million Ninety-five Thousand Dollars ($1,095,000), with said bonds bearing interest at the rates per annum and to become due on October 1 of the year as indicated below: Maturing on October 1 of Year 2000 2001 2002 2003 2004. 2005 2006 .2007 2008 2009 2010 2011 2012 2013 . 2018 Amount of Principal Maturing $ 40,000 40,000 40,000 40,000 45,000 45,000 50,000 50,000 . 55,000 55,000 60,000 60,000 65,000 65,000 385,000 Interest Rate Per Annum 4.10% 4.20 4.25 4.30 4.40 4.50 4.60 4.65 4.70 4.80 4.90 5.00 5.10 5.15 5.30 The 1998 Bonds due as term bonds on October 1, 2018, are sometimes referred to herein as the "1998 Term Bonds." The 1998 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 1998 Bonds shall be October 1, 1998. Interest on the 1998 Bonds, at the respective rates for each maturity, shall be payable on October 1, 1999, and semiannually thereafter on April 1 and October 1 of each year (each -3- an "Interest Payment Date"), and the 1998 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 36D-day year consisting of twelve 3D-day months. The interest due on each Interest Payment Date shall be payable to the registered owners of record as of the fifteenth day of the calendar month immedi~telypreceding the calendar month in which the Interest Payment Date occurs (the "Record Date"), subject to the provisions of Section 5 hereof. The 1998 Bonds shall be numbered from 1 upwards in the order of their issuance. No 1998 Bond shall be issued originally or upon transfer or partial redemption having more than one principal maturity. The initial bond numbering and principal amounts for each of the 1998 Bonds issued shall be as designated by the City Treasurer as directed by the initial purchaser thereof. Payments of interest due on the 1998 Bonds prior to maturity or earlier redemption shall be made by the Paying Agent and Registrar as designated pursuant to Section 4 hereof, by mailing a check or draft in the amount due for such interest on each Interest Payment Date to the registered owner of each 1998 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 4 hereof. Payments of principal due at maturity or at any date fixed for redemption prior to maturity together with any unpaid interest accrued thereon shall be made by said Paying Agent and Registrar to the registered owners upon presentation and surrender of the 1998 Bonds to the Paying Agent and Registrar. The City and the Paying Agent and ! Registrar may treat the registered owner of any 1998 Bond as the absolute owner of such 1998 Bond [I ~ for the purpose of making payments thereon and for all other purposes and neither the City nor the 11 Ii Paying Agent and Registrar shaI1 be affected by any notice or knowledge to the conJrary, whether I I such 1998 Bond or any insta1lri1ent of interest due thereon shall be overdue or not. All payments on I' -4- account of interest or principal made to the registered owner of any 1998 Bond in accordance with the terms oftbis Ordinance shall be valid and effectual and shall be a discharge of the City and the . Paying Agent and Registrar, in respect of the liability upon the 1998 Bonds or claims for interest to the extent of the sum or sums so paid. Section 4. The City Treasurer is hereby designated as the Paying Agent and Registrar for the Series 1998 Bonds. The Paying Agent and Registrar shall keep and maintain for the City books for the registration and transfer of the Series 1998 Bonds at the City offices. The names and registered addresses of the registered owner or owners of the 1998 Bonds shall at all times be recorded in such books. Any 1998 Bond may be transferred pursuant to its 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, dilly executed by the registered owner in person or by such owner's dilly authorized agent, and thereupon the Paying Agent and Registrar on behalf of the City will deliver at its office (or send by registered mail to the transferee owner or owners thereof at such transferee owner's or owners' risk and expense), registered in the name of such transferee owner or owners, a new 1998 Bond or 1998 Bonds of the same interest rate, aggregate principal amount and maturity. To the extent of the denominations authorized for the 1998 Bonds by this Ordinance, one 1998 Bond may be transferred for several such 1998 Bonds of the same interest rate and maturity, and for a like aggregate principal amount, and several such 1998 Bonds may be transferred for one or several such 1998 Bonds, respectively, of the same interest rate and maturity and for a like aggregate principal amount. In every case of transfer of a 1998 Bond, the surrendered 1998 Bond or 1998 Bonds shall be canceled and destroyed. All 1998 Bonds issued upon transfer of the 1998 Bonds so surrendered shall be valid obligations of the City evidencing the same -5- obligations as the 1998 Bonds surrendered and shall be entitled to all the benefits and protection of ;, this Ordinance to the same extent as the 1998 Bonds upon 1ransfer of which they were delivered. The City and said Paying Agent and Registrar shall not be required to 1ransfer any 1998 Bond during any period ITom any Record Date until its :immediately following Interest Payment Date or to 1ransfer any 1998 Bond called forredemption for a period ono days next preceding the date fixed forredemption. Section 5. In the event that payments of interest due on the 1998 Bonds on an Interest Payment Date are not timely made, such interest shall cease to be payable to the registered owners as ofthe Record Date for such Interest Payment Date and shall be payable to the registered owners of the 1998 Bonds as of a special date of record for payment of such defaulted interest as shall be designated by the Paying Agent and Regis1rar whenever monies for the purpose of paying such defaulted interest become available. Section 6. 1998 Bonds maturing October 1, 2004, and thereafter shall be subject to redemption, in whole or in part, prior to maturity at any time on or after October 1, 2003, at par plus accrued interest on the principal amoUnt redeemed to the date fixed for redemption. The City may select the 1998 Bonds to be redeemed by optional redemption in its sole discretion but the 1998 Bonds shall be redeemed only in amounts of$5,000 or integral multiples thereof. The 1998 Term Bonds are required to be redeemed prior to their stated maturity, commencing on October 1, 2014, and continuing on October 1 of each year thereafter, in part, ITom monies required to be deposited by the City into the Bond Payment Account for such mandatory redemption, which redemptions shall be in the years and for th~ principal amounts set forth below: -6- Year of Redemption 2014 2015 2016 2017 2018 Amount Required to be Redeemed $70,000 75,000 80,000 80,000 80,000 Such scheduled mandatory redemptions shall be at a price equal to 100% of the principal amount redeemed plus interest accrued on the principal amount being redeemed to the date fixed for redemption. The Paying Agent and Registrar shall select the 1998 Term Bonds for mandatory redemption using any random method of selection deemed appropriate by the Paying Agent and Registrar. 1998 Bonds redeemed in part only shall be surrendered to said Paying Agent and Registrar in exchange for new 1998 Bonds evidencing the unredeemed principal thereof. Notice of redemption of any 1998 Bond called for redemption shall be given at the direction of the City, in the case of optional redemptions, and without further direction, in the case of mandatory redemptions, 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 1998 Bond at said owner's registered address. Such notice shall designate the 1998 Bond or 1998 Bonds to be redeemed by maturity or otherwise, the date of original issue and the date fixed for redemption and shall state that such 1998 Bond or 1998 Bonds are to be presented for prepayment at the office of said Paying Agent and Registrar. In case of any 1998 Bond partially redeemed, such notice shall specify the portion of the principal amount of such 1998 Bond to be redeemed. No defect in the mailing of notice for any 1998 Bond shall affect the sufficiency of the proceedings of the City designating the 1998 Bonds called for redemption or the effectiveness of such call for 1998 Bonds for which notice by mail has been properly given and the City shall have the right to further direct notice of redemption for any such -7- 1998 Bond for which defective notice has been given. Section 7. If the date for payment of the principal of or interest on the 1998 Bonds shall be a Saturday, Sunday, legal holiday or a day on which banking institutions 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. Section 8. The 1998 Bonds shall be in sub~tantial1y the following form: -8- UffiITEDSTATESOFAMERICA STATE OF NEBRASKA COUNTY OF WASHINGTON CITY OF BLAIR SEWER SYSTEM REVENUE BOND, SERIES 1998 No. $ Interest Rate Maturity Date Date of Original Issue CUSIP.No. October 1, ~ October 1, 1998 Registered Owner: Principal Amount: Thousand Dollars ($ ) 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 payable October 1, 1999 and semiannually thereafter on April 1 and October 1 of each year (each, an "Interest Payment Date"). Such interest shall be computed on the basis of a 360-day year consisting of twelve 30 day months. The principal of this bond together with interest thereon unpaid and accrued at maturity (or earlier redemption) is payable upon presentation and surrender of this bond at the office of the City Treasurer, the Paying Agent and Registrar, in Blair, Nebraska. Interest on this bond due prior to maturity or earlier redemption will be paid on each Interest Payment Date by a check or draft mailed by the Paying Agent and Registrar to the registered owner of this bond, as shown on the books of record maintained by the Paying Agent and Registrar, at the close of business on the fifteenth day of the month immediately preceding the month in which the Interest Payment Date occurs, to such owner's address as shown on such books and records. Any interest not so timely paid shall cease to be payable to the person entitled thereto as of the record date such interest was payable, and shall be payable to the person who is the registered owner of this bond (or of one or more predecessor bonds hereto) on such special record date for payment of such defaulted interest as shall be fixed by the Paying Agent and Registrar whenever monies for such purpose become available. This bond is one of an issue of fully registered bonds of the total principal amount of One Million Ninety-five Thousand Dollars ($1,095,000), of even date and like tenor except as to date of maturity, rate of interest and denomination, (the "Series 1998 Bonds") which were issued by the City for the purpose of paying the costs of constructing additions to and improving, extending and -9- equipping the sanitary sewer system and sewage disposal plant of the City of Blair, Nebraska, and is issued pursuant to the terms of an ordinance (the "Ordinance") passed and approved by the Mayor and Council of said City in accordance with and under the provisions of Sections 18-1803 to 18-1805, RRS. Neb. 1997. Any or all of the bonds of said issue maturing on or after October 1,2004, are subject to ; redemption at the option of the City, in whole or in part, at any time on or after October 1, 2003, or at any time thereafter at the principal amount thereof, together with accrued interest on the principal amount redeemed to the date fixed for redemption. Such optional redemption shall be made ftom time to time as shall be directed by the Mayor and Council of the City. The City may select the Series 1998 Bonds for optional redemption in its sole discretion. The Series 1998 Bonds due as term bonds in the year 2018 are required to be redeemed prior to their stated maturity, commencing on October 1, ~014, and continuing on October 1 of each year thereafter, in part, ftom monies required to be deposited by the City for such mandatory redemptions into the "Bond Payment Account" maintained under the Ordinance, which redemptions shall be in the years and for the principal amounts set forth below: Year of Redemption 2014 2015 2016 2017 2018 Amount Required to be Redeemed $70,000 75,000 80,000 80,000 80,000 Such mandatory redemptions shall be at a price equal to 100% of the principal amount redeemed plus interest accrued on the principal amount being redeemed to the date fixed forredemption. The Paying Agent and Registrar shall select the 1998 Term Bonds for mandatory redemption using any random method of selection deemed appropriate by the Paying Agent and Registrar. Notice of redemption shall be given by mail to the registered owner of any Series 1998 Bond called for redemption in the manner specified in the Ordinance authorizing said issue of bonds. Individual bonds may be redeemed in part but only in $5,000 amounts or integral multiples thereof. This bond is transferable by the registered owner or such owner's attorney dilly authorized in writing at the office of the Paying Agent and Registrar upon surrender and cancellation of this bond, and thereupon anew bond or bonds ofthe same aggregate principal amount, interest rate and maturity will be issued to the transferee as provided in the Ordinance, subject to the limitations therein prescribed. The City, the Paying Agent and Registrar and any other person may treat the person in whose name this bond is registered as the absolute owner hereof for the purpose of receiving payment due hereunder and for all purposes and shall not be affected by any notice to the contrary, whether this bond be overdue or not. -10- lfthe date for payment of the principal of or interest on this bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the City 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 revenues and earnings of the sanitary sewer system and sewage disposal plant of the City, including all improvements and additions thereto hereafter constructed or acquired (the "Sewer System"), are pledged and hypothecated, equally and ratably for the payment of this bond and the other Series 1998 Bonds and for the payment of any additional bonds of equal priority issued in accordance with the terms of the Ordinance. The Series 1998 Bonds are a lien only upon said revenue and earnings and are not general obligations of the City of Blair, Nebraska. The Ordinance sets forth the covenants and obligations of the City with respect to the Sewer System and the applications of the revenues and earnings thereof, which revenues and earnings under the terms of the Ordinance are required to be deposited to the "Blair Sewer System Fund" (as maintained in the Ordinance) and disbursed to pay costs of operation and maintenance of the Sewer System, make payments of principal and interest on the Series 1998 Bonds and any additional bonds of equal priority with the Series 1998 Bonds and other payments as specified in the Ordinance. The Ordinance also designates the terms and conditions under which additional bonds of equal priority with the Series 1998 Bonds may be issued. The Ordinance also designates the terms and conditions upon which this bond shall cease to be entitled to any lien, benefit or security under such Ordinance and all covenants, agreements and obligatioIlB of the City under the Ordinance may be discharged and satisfied at or prior to the maturity or redemption of this bond if monies or certain specified securities shall have been deposited with a trustee bank. In the Ordinance the City also reserves the right to issue bonds or notes junior in lien to Series 1998 Bonds and additional bonds of equal priority to the Series 1998 Bonds, the principal and interest ofwbich shall be payable from monies in the "Surplus Account" of the Blair Sewer System Fund as described in the Ordinance. IT IS HEREBY CERTIFIED AND WARRANTED that all conditions, acts and things required by law to exist or to be done precedent to and in the issuance of this bond did exist, did happen and were done and performed in regular and due form and time as required by law. This bond shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. -11- IN WITNESS WHEREOF, the Mayor and Council of the City ofB lair, Nebraska, have caused this bond to be executed on behalf ofthe City with the facsimile signatures of the Mayor and the City Clerk of the City and by causing the official seal of the City to be imprinted hereon, all as ofthe Date of Original Issue shown above. CITY OF BLAIR, NEBRASKA (facsimile signature) Mayor ATTEST: (facsimile signature) City Clerk (SEAL) -12- CERTIFICATE OF AUTHENTICATION AND REGISTRATION This bond is one of the series designated therein and 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. City Treasurer, . Paying Agent and Registrar for the City of Blair, Nebraska (FORM OF ASSIGNMENT) For value received . assigns, and transfers unto bond and hereby irrevocably coristitutes and appoints . . Attorney, to transfer the same on the books of registration in the office of the within mentioned Paying Agent and Registrar with :fu.llpower of substitution in the premises. hereby sells, the within . Date: Registered Owner Signature Guaranteed By: Authorized Officer Note: The signature(s) ontbis 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. -13- Section 9. Each of the 1998 Bonds shall be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk and shall have imprinted thereon the City's seal. The 1998 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 coDnection said officers of the City are authorized to execute and deliver a Letter of Representations (the "Letter of Representations") in the foTID. required by the Depository, for and on behalf of the City, which shall thereafter govern matters withrespectto registration, transfer, payment and redemption of the 1998 Bonds. With respect to the issuance of the 1998 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 1998 Bonds as securities depository (each, a "Bond Participant") or to any person who is an actual purchaser of a 1998 Bond ftom a Bond Participant while the 1998 Bonds are in book-entry form (each, a "Beneficial Owner") with respect to the following: (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 1998 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 1998 Bonds, includÎ11g any notice of redemption, or (ill) the payment to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the 1998 Bonds. The Paying Agent and Registrar shall make payments with respect to the 1998 Bonds only to or upon the order of the Depository or its nominee, and all such payments shall be valid and effective fully to satisfy and discharge the obligations with respect to such 1998 Bonds to the extent of the sum or sums so paid. No person other than the Depository shall receive an authenticated Bond, except as provided in (e) below. '-14- (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 1998 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 appropriate 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 1998 Bonds or (ü) to make available 1998 Bonds registered in whatever name or names as the Beneficial Owners transferring or exchanging such 1998 Bonds shall designate. ( c) If the City determines that it is desirable that certificates representing the 1998 Bonds be delivered to the ultimate beneficial owners of the 1998 Bonds and so notifies the Paying Agent and Registrar in writing, the Paying Agent and Registrar shall so notify the Depository, whereupon the Depository will notify the Bond Participants of the availability through the Depository of bond certificates representing the 1998 Bonds. In such event, the Paying Agent and Registrar shall issue, transfer and exchange bond certificates representing the 1998 Bonds as requested by the Depository in appropriate amounts and in authorized denominations. (d) Notwithstanding any other provision of this Ordinance to the contrary, so long as any 1998 Bond is registered in the name of the Depository or any nominee thereof, all paym~nts with respect to such 1998 Bond and all notices with respect to such 1998 Bond shall be made and given, respectively, to the Depository as provided in the Letter of Representations. ( e) Registered ownership of the 1998 Bonds may be transferred on the books of registration maintained by the Paying Agent and Registrar, and the 1998 Bonds may be delivered in physical fonD. to the following: (i) any successor securities depository or its nominee; (ü) 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 any). If for any reason the Depository resigns and is not replaced, or upon termination by the City ofbook- entry-only fonD., the City shall Îmmediately provide a supply of printed bond certificates, for issuance upon the transfers from the Depository and subsequent transfers or in the event of partial -15- redemption. In the event that such supply of certificates shall be insufficient to meet the ! requirements of the Paying Agent and Registrar for issuance of replacement bond certificates upon transfer or partial redemption, the City agrees to order printed an additional supply of bond certificates and to direct their execution by manual or facsimile signatures of its then duly qualified and acting officers. In case any officer whose signature or facsimile thereof shall appear on any 1998 Bond shall cease to be such officer before the delivelY 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 the 1998 Bond. The 1998 Bonds shall not be valid and bÍ1+ding on the City until authenticated by the Paying Agent and Registrar. The 1998 Bonds shall be registered with the office of the Auditor of Public Accounts of the State of Nebraska. The 1998 Bonds shall be delivered to the Paying Agent and Registrar for registration and authentication. Upon execution, registration, and authentication of the 1998 Bonds, they shall be delivered to the City Treasurer, acting on behalf of the City, who is authorized to deliver them to Ameritas Investment Corp., as initial purchaser thereof The 1998 Bonds are hereby sold to said purchaser for the sum of$I,075,837.50, plus accrued interest on the principal amount of the 1998 Bonds to date of payment for the 1998 Bonds. The officers of the City (or anyone of them) are hereby authorized to execute and deliver the Bond Purchase Agreement for and on behalf of the City. Said initial purchaser shall have the right to direct the registration of the 1998 Bonds and the denominations thereof within each maturity, subject to the restrictions of this Ordinance. The City Clerk shall make and certify a transcript of the proceedings orthe Mayor and Council with respect to the 1998 Bonds which shall be delivered to said purchaser. The 1998 Bonds shall also be -16- registered in the office of the City Treasurer as the chief financial officer of the City pursuant to the requirements of Section 10-201, R.R.S.Neb. 1997. Section 10. All accrued interest received from the sale offue 1998 Bonds shall be applied to pay interest falling due on October 1, 1999, and shall be credited to the Bond Payment Account as described in Section 11 hereof Expenses of issuance of the 1998 Bonds may be paid from the proceeds of the 1998 Bonds. $93,602.50 from proceeds of the 1998 Bonds shall be deposited to the Debt Service Reserve Account. The balance of proceeds ofthe 1998 Bonds shall be applied without further direction to the payment on October 1, 1998, of the principal and interest on the Sewer Revenue Bond Anticipation Notes, Series 1995, of the City related to improvements to the Sewer System which are being refinanced by the 1998 Bonds with any remaining funds to be applied to further improvements to the Sewer System. Section 11. The revenues and earnings of the Sewer System (including any and all additions and improvements thereto hereafter acquired) are hereby pledged and hypothecated for the payment of the 1998 Bonds and any Additional Bonds as authorized by this Ordinance and interest on such 1998 Bonds and any such Additional Bonds and the City does hereby agree with the holders of said 1998 Bonds as follows: (a) BLAIR SEWER SYSTEM FUND - The entire gross revenues and income derived from the operation of the Sewer System shall be set aside as collected and deposited in a separate fund which is hereby ordered established and designated as the "Blair Sewer System Fund." For purposes of allocating the monies in the Blair Sewer System Fund, the City shall maintain the following accounts: (1) Operation and Maintenance Account; (2) Bond Payment Account; (3) Debt Service Reserve Account; and (4) Surplus Account. (b) OPERATION AND MAINTENANCE ACCOUNT - Out of the Blair Sewer System Fund there' shall be monthly credited into the Operation and Maintenance Account such amounts as the City shall ITom time to time determine to -17- be necessary to pay the reasonable and necessary expenses of operating and maintaining the Sewer System and the City may withdraw funds credited to the Operation and Maintenance Account as necessary from time to time to pay such expenses. (c) BOND PAYMENT ACCOUNT - Out of the Blair Sewer System Fund there shall be credited monthly on or before the fifteenth day of each month to the Bond Payment Account, starting with the month of October 1998, the following amounts: (1) For the period from and inclusive of October 15, 1998, to and including September 15,1999, an amount equal to 1/12thofthe interest payment due on the 1998 Bonds on October 1, 1999; (2) For the period from and inclusive of October 15,1999, until the 1998 Bonds have been paid in full, an amount equal to 1I6th of the next interest payment due on the 1998 Bonds; (3) For the period from and inclusive of October 15,1999, until the 1998 Bonds have been paid in full, an amount equal to If12th of the next maturing principal payment or next mandatory redemption amount for the 1998 Bonds, as may then be the next required payment for principal with respect to the 1998 Bonds. The City Treasurer is hereby authorized and directed, without further authorization, to withdraw monies credited to the Bond Payment Account, or if the monies in such Account are insufficient, then ITom 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 1998 Bonds or any Additional Bonds and to transfer such amounts due to the Paying Agent and Registrar (or other paying agent for Additional Bonds), at -least five (5) business days before each principal and interest payment date. Upon the issuance of any Additional Bonds pursuant to this Ordinance, appropriate additional credits to the Bond Payment Account shall be provided for sufficient to pay principal and interest on said Additional Bonds. (d) DEBT SERVICE RESERVE ACCOUNT -The City agrees that it shall deposit from bond proceeds the amount of $93,602.50 as the amount required to be maintained attributable to the 1998 Bonds in a separate sub-account in the Debt Service Reserve Account. Monies credited to the Debt Service Reserve Account may be withdrawn, but only ITom the designåted sub-account for a specific issue, as needed, to provide funds to pay, when due, the principal of and interest on the 1998 - Bonds and any Additional Bonds issued pursuant to this Ordinance, as the case may -18- be, if the Bond Payment Account contains insufficient funds for that purpose, and the City Treasurer is hereby authorized and directed to make such withdrawal if and when needed. In the event of a withdrawal from the Debt Service Reserve Account, there shall be credited to the Debt Service Reserve Account in the month following such withdrawal all monies in the Blair Sewer 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, in a separate sub-account for each such issue of Additional Bonds, shall be set at an amount not less than the Average Annual Debt Service Requirements on the proposed issue of Additional Bonds' or such greater or lesser amount (which may be $-0-), if any as determmed appropriate by the Mayor and Council in connection with any such issue of Additional Bonds. Any such required increase shall be provided for either by credit made from bond proceeds or CUITent funds of the Sewer System then available or by equal monthly credits from the Blair Sewer System Fund made in such amounts so that the required amount shall be accumulated in a period of not more than five years. Each sub-account in the Debt Service Reserve Account shall be held solely for the specific issue for which it is established. In the event of withdrawal from any such sub-account which results in the amount in such sub-account being deficient to meet the required balance, available amounts forrestoring sub-account b<!lances shall be credited to each deficient sub-account on a pro rata basis in accordance with the respective outstanding principal amounts for those issues for which the respective sub- accounts are then deficient. When the 1998 Bonds or any issue of Additional Bonds forwbich a sub-account has been established is no long<?r outstanding, the particular sub-account for such issue shall no longer be required to be maintained. Anything in this subsection 11 (d) to the contrary notwithstanding, the amount required to be maintained in the Debt Service Reserve Account with respect to the 1998 Bonds or any issue of Additional Bonds shall not at any time exceed the maximum amount permitted to be invested without yield restriction under Sections 1 03(b) and 148 of the Internal Revenue Code of 1986, as amended, and applicable regulations of the United States Treasury Department. (e) SURPLUS ACCOUNT - Monies in the Blair Sewer System Fund remaining after the credits required in the foregoing Subsections 11 (b), 11 (c), and 11 (dj 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 1998 Bonds or any Additional Bonds prior to their maturity, to pay principal of and interest on any junior lien indebtedness incUITed with respect to the Sewer System, to provide for replacements or improvements for the Sewer System or to provide for any other lawful purpose of the City (including payments in lieu oftaxes -19- " ¡ -, -, or interfund transfers) as directed by the Mayor and City Council. The provisions of this Section shall require the City to maintain a set of books and records in accordance with such accounting methods and procedures as are generally applicable to mUDicipal utility enterprises, which books and records shall show credits to and expenditures from the several Accounts required by this Section. Monies credited to the Blair Sewer System Fund or any of the Accounts therein as established by this Ordinance shall be deposited or invested separate and apart from other City funds. Except as specified below for the Debt Service Reserve Account, the City shall not be required to establish separate bank or investment accounts for the Accounts described in Subsections I I (b), ll( c), ll( d), and ll( e). 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 Sewer System funds or accounts. If invested, monies credited to the Debt Service Reserve Account may be commingled with other Sewer System funds or accounts 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 investments permissible for a city of the first class. Monies in the Debt Service Reserve Account may be invested in Deposit Securities. Monies invested from the Debt Service Reserve Account shall be invested to mature in not more than five years. Investments held for the Debt Service Reserve Account will be valued at cost for purposes of determining compliance with the requirements of this Ordinance as to the amount required to be maintained in the Debt Service - , Reserve Account or any sub-account therein. Income from or profit realized from investments for any Account or any sub-account shall be credited to such Account or sub-account until suchAccount -20- or sub-account contains any amount then required to be therein, and thereafter such income or profit, shall be transferred to the Blair Sewer System Fund and treated as other revenues from the operation of the Sewer System. The ordinance authorizing any series of Additional Bonds for which a debt ì service reserve sub-account is to be established shall establish the terms for investment related to I such sub-account. The pledge and hypothecation provided for the 1998 Bonds and any Additional Bonds as ¡ provided for in this ordinance is intended to and shall provide for a first and prior lien upon the revenues of the Sewer System. Section 12. So long as any of the 1998 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 service furnished from the Sewer 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 1998 Bonds and any Additional Bonds issued pursuant to this Ordinance. (b) To pay all proper and necessary costs of operation and maintenance of the Sewer System and to pay for the necessary and proper repaÍrs, replacements, enlargements, extensions and improvements to the Sewer System. (c) To provide funds sufficient to make the credits into the Accounts and at the times and in the amounts required by Section 11 of this Ordinance. (d) To maintain Net Revenues in each fiscal year adopted by the City for the Sewer System in an amount not less than 1.25 times' the total amount of principal paid or payable (exclusive of any principal redeemed prior to maturity other than principal redeemed pursuant to a schedule of mandatory redemptions) and interest falling due during such fiscal year on the 1998 Bonds and any Additional Bonds. Section 13. To provide funds for any purpose related to the Sewer System, the City may issue Additional Bonds, except for Additional Bonds issued for'refunding purposes which are -21- governed by Section 14 of this Ordinance, payable ÍÌ"om the revenues of the Sewer System having equal priority and on a parity with the 1998 Bonds and any Additional Bonds then outstanding, only upon compliance with the following conditions: (a) Such Additional Bonds shall be issued only pursuant to an ordinance which shall provide for an increase in the monthly credits into the Bond Payment Account in amounts sufficient to pay, when due, the principal of and interest on the 1998 Bonds, any Additional Bonds then outstanding and the proposed Additional Bonds and for any monthly credits to the Debt Service Reserve Account as are required under Subsection 11 (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 ÍÌ"om its Sewer System for the fiscal year next preceding the issuance of the Additional Bonds shall have been at least equal to 1.25 times the Average Annual Debt Service Requirements of the 1998 Bonds and any Additional Bonds, all as then outstanding, and of the proposed Additional Bonds; or . 2) The City shall have received a projection made by a consulting engineer or firm of consulting engineers, recognized as having experience and expertise in municipal utility systems, projecting that the Net Revenues of the Sewer 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 1998 Bonds and any Additional Bonds, all as then outstanding, and of the proposed Additional Bonds. In making such projection, the consulting engineer shall use as a basis the Net Revenues of the Sewer 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 int{) effect since the beginning of the year for which the audit was made, (B) to reflect such engine~r's estimate of the net increase over or net decrease under the Net Revenues of the Sewer System for the year for which the audit was made by reason of: (i) changes of amounts payable under existing contracts for services; (ii) additional general income from sales to customers under existing rate schedules for various classes of customers or as such schedules may be revised under a -22- program of changes which has been adopted by the Mayor and Council of the City; (ill) projected revisions in costs for labor, wages, salaries, machinery, equipment, supplies and other operational items; (iv) revisions in the amount of service to be supplied and any related administrative or other costs associated with such increases due to increased supply from th~ acquisition of any new facility; and (v) such other factors affecting the projections of revenues and expenses as the consulting engineer deems reasonable and proper. Annual debt service on any proposed Additional Bonds to be issued may be estimated by the consulting engineer in projecting Average Annual Debt Service Requirements, but no Additional Bonds shall be issued requiring any annual debt service payment in excess of the amount so estimated by the consulting engineer. The City hereby covenants and agrees that so long as any of the 1998 Bonds and any Additional Bonds are outstanding, it will not issue any bonds or notes payable from the revenues of the Sewer 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 1998 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 11 (e). Section 14. The City may issue refunding bonds which shall qualify as Additional Bonds of equal lien to refund any 1998 Bonds or Additional Bonds then outstanding, provided, that if any such 1998 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. Refunding bonds issued in accordance with this paragraph of this Section 14 may be issued as Additional Bonds of equal lien without compliance with the conditions set forth in Subsection 13(b) of this Ordinance. -23- The City may also issue refunding bonds which shall qualify as Additional Bonds of equal lien to refund any 1998 Bonds or Additional Bonds then outstanding provided, that, if any such 1998 Bonds or Additional Bonds 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 13(b)(1) of this Ordinance and, if the proceeds of such refunding bonds are not to be applied immediately to the satisfaction of the bonds which are to be refunded, then such refunding bonds must provide by their terms that they shall be junior in lien to all 1998 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 principaÍ 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 Sewer System (such as bond proceeds held in escrow or investment earnings thereon) 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 after the time of such application shall also be excluded. Forpurposes of this paragraph of this Section 14, 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 RRS. Neb. 1997 (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 -24- to be outstanding, whichever occurs sooner. Section 15. So long as any 1998 Bonds or Additional Bonds are outstandIDg, the City hereby covenants and agrees as follows: (a) The City will maintain the Sewer 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 ofN ebraska, but thìs covenant shall not prevent the City from discontinuing the use and operation of all or any portion of the Sewer System so long as the revenues derived from the City's ownership of the properties constituting the Sewer System shall be sufficient to fulfill this City's obligations under Sections 11 and 12 of this Ordinance. (b) The City will not grant any franchise or right to any person, firm or corporation to own or operate a utility system or systems in competition with the Sewer System. (c) The City will maintain insurance on the property constituting the Sewer System (other than such portions of the system as are not normally insured) against risks customarily carried by similar utilities, but inc1udIDg fire and extended coverage insurance in an amount which would enable the City to repair, restore or replace the property damaged to the extent necessary to make the Sewer System operable in an efficient and proper manner to carry out the City's obligations under this Ordinance. The Mayor and Council shall annually, after the end of each fiscal year adopted by the City for the Sewer System, examine the amount of insurance carried with respect to the Sewer System and shall evidence approval of such insurance by resolution. The proceeds of any such insurance received by the City shall be used to repair, replace or restore the property damaged or destroyed to the extent necessary to make the Sewer System operable in an efficient and proper manner, and any amount of insurance proceeds not so used shall be credited to the Surplus Account. In the event of any such insured casualty loss, the City may advance funds to make temporary repairs or provide for an advance on costs of the permanent repair, restoration or replacement from the Operation and Maintenance Account and any such advances shill be repaid from insurance proceeds received. (d) The City will keep proper books, records, and accounts separate from all other records and accounts in ~hich complete and correct entries will be made of all transactions relating to the Sewer System. The City will have its operating and financial statements relating to the Sewer System audited annually by a certified public accountant or firm of certified public accountants. The City will furnish to the original purchaser of the 1998 Bonds and to the original purchaser or purchasers of each series of Additional Bonds issued hereunder, within four months after the end -25- of each fiscal year of the Sewer System, a copy of the financial statements of the Sewer System and the report thereon of the certified public accountants. (e) The City shall cause each person handling any of the monies in the Blair Sewer System Fund to be bonded by an insurance company licensed to do business in Nebraska in an amount or amounts deemed sufficient by the Mayor and Council to cover the amount of money belonging to said system reasonably expected to be in the possession or control of such person. The amount of such bond or bonds shall be fixed by the Mayor and Council and the costs thereof shall be paid as an operating and maintenance expense ftom the Operation and Maintenance Account. Section 16. 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 1998 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 redemption (a) shall have been made or caused to be made in accordance with the terms thereof; or (b) shall have been provided for by depositing with a national or state bank having trust powers, or trust company, in trust, solely for such payment (1) sufficient money to make such payment deposited in a bank account or bank accounts which are fully insured by insurance of the Federal Deposit Insurance Corporation and/or (2) Deposit Securities in such amount and bearing interest at such rates and payable at such time or times and maturing or redeemable at stated fixed prices at the option of the holder as to principal at such time or times as will ensure the availability of sufficient money to make such payment; provided, however, that, with respect to any bond to be paid prior to maturity, the City shall have dilly given notice of redemption of such bonds as provided by law or made irrevocable provision for the giving of such notice. Any money so deposited with such bank or trust company may be invested or reinvested in U.S. Government Obligations at the direction of the City, and all interest and income ftom U.S. Government Obligations in the hands of such bank -26- or trust company in excess of the amount required to pay principal of and interest on the 1998 Bonds for which such monies or U.S. Government Obligations were deposited shall be paid over to the City as and when collected. For purposes of this Section 16, any Deposit Securities shall be noncallable or callable only at the option of the holder. Section 17. The terms and provisions of this Ordinance do and shall constitute a contract between the City and the registered owner or owners of the 1998 Bonds and no changes, variations or alterations of any kind, except for changes necessary to cure any ambiguity, formal defect or omission, shall be made to this Ordinance without the written consent of the holders of two-thirds (2/3rds) in principal amount of the 1998 Bonds and any Additional Bonds then outstanding, provided, however, that neither the principal and interest to be paid upon any 1998 Bond or Additional Bond nor the maturity date of any 1998 Bond or Additional Bond shall be changed without the written consent of the registered owner of all such bonds then outstanding. Any registered owner of a 1998 Bond or Additional Bond may by mandamus or other appropriate action or proceedings at law or in equity in any court or competent jurisdiction enforce or compel performance of any and all of the acts and duties required by this Ordinance, and every provision and covenant hereof, including without limiting the generality of the foregoing, the enforcement of the performance of all duties required of the City by this Ordinance and the applicable laws of the State of Nebraska, including such duties the collecting of revenues of the Sewer System and the segregation and application of such revenues as described in Section 11 of this Ordinance. After any default in payment or other default in performance, the registered owners of the 1998 Bonds or any Additional Bonds shall be entitled to the appointment of a receiverfor the Sewer System. Any and -27'; all actions brought by any registered owner or owners of the 1998 Bonds or Additional Bonds shall be maintained for the equal and ratable benefit of all registered owners of the 1998 Bonds and Additional Bonds outstanding and no registered owners of any of the 1998 Bonds or Additional Bonds shall have any right in any manner whatsoever by any action or proceedings to affect, disturb or prejudice the pledge created by this Ordinance. Section 18. The Mayor and City ClerklTreasurer 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 1998 Bonds as contemplated by this Ordinance. The Preliminary Official Statement in the form presented is hereby approved and deemed final as of its date under the terms of Reg. Sec. 240.15c2-12 of the Rules of the Securities and Exchange Commission and such officers or anyone of them are further authorized to approve a final Official Statement on behaJf of the City. Section 19. 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 1998 Bonds, the City shall provide annual financial and operating information generally consistent with the information set forth under the heading "FINANCIAL STATEMENT" in the Official Statement for said bonds, information concerning the rates and number of users for the Sewer 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; audited financial information shall be provided for governmental fund types based on the modified acèrual basis whereby revenues are recognized when earned and expenses are reco gnized whenincun-ed except for property taxes and interest expense on general obligation bonds and for proprietary and fiduciary fund types in conformity with generally accepted accounting principles; (b) in a timely manner to each NRMSIR or to the Municipal Securities Ru1e -28- Making Board ("MSRB "), notice of the occurrence of any of the following events with respect to the 1998 Bonds, ifin 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 1998 Bonds); (5) substitution of credit or liquidity providers, or their failure to . perform (not applicable to the 1998 Bonds); (6) adverse tax opinions or events affecting the tax-exempt status of the 1998 Bonds, (7) modifications to rights oftbebondholders, (8) bond calls, (9) defeasances, (10) release, substitution, or sale of property securing repayment of the 1998 Bonds, and (11) rating changes (the 1998 Bonds are not rated and no rating for the 1998 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 NRMSIRor to the Municipal Securities Rule Making Board ("MSRB") notice of any failure on the part of the City to provide reqtrired annual financial information not later than seven months from the close of the City's fiscal year. The City reserves the right to modify from time to time the specific types of information provided or the format of the presentation øf such information, to the extent necessary or appropriate in the judgment of the City, consistent with the Rule. The City hereby agrees that such covenants are for -29- the benefit of the registered owners of the 1998 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 the City under the Ordinance, as described above, shall cease when none of the 1998 Bonds remain outstanding. Section 20. If any section, paragraph, clause or provision oftms Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. Section 21. The City hereby covenants and agrees that it will make no use of the proceeds of the 1998 Bonds wmch would cause the 1998 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 1 03(b) and 148 and all applicable regulations thereunder throughout theterm of said issue; The City hereby covenants and agrees to take all actions necessary under the Code to maintain the tax exempt status' of interest on the 1998 Bonds for federal income tax purposes under the Code with respect to taxpayers generally. The City further agrees that it will not take any actions wmch would cause the 1998 Bonds to constitute "private activity bonds" within: the meaning of Section 141 of the Code. The City hereby designates the 1998 Bonds as its "qualified tax-exempt obligations" pursuant to Section 265(b)(3)(B)(i)(IJI) 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 1998. Section 22. This Ordinance shall be in force and take effect from and after its passage and -30- approval åccording to law. This Ordinance shall be published in pamphlet form. PASSED AND APPROVED this 25th day of August , 1998. A TIEST: ~ I. g City Cled<: Brenda R. Ta~ (SEAL) .~~ Mayor Michael Mines -31- .~ -'.' ORDINANCE NO. 1852 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 TIllS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. 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, 1998, and ending September 30, 1999, was published in The Pilot Tribune, the official newspaper of the City of Blair on September ---' 1998; and, WHEREAS, said budget statement was prepared on the appropriate budget forms provided by the State of Nebraska and was duly filed with the City Clerk. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BL.A.IR NEBRASKA: SECTION 1. That after complying with all procedures required 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, 1998 and ending September 30, 1999. All sums of money contained in the budget statement are hereby appropriated for the necessary expenses and liabilities of the City of Blair. A copy of the budget documents shall be forwarded as provided by law to the Auditor of Public Accounts, State Capitol, Lincoln, Nebraska, and to the County Clerk of Washington County, Nebraska, for use by levying authority. SEC!ION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. -1- I- f - Passed and approved this 8th day of September, 1998. CITY OF BLAIR, NEBRASKA B~~ MIC L A. S, MAYOR ATTEST: (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY) BRENDA R. TAYLOR, hereby certifies that she is the dilly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing ordinance was passed at a regular meeting of the Mayor and City Council of said City held ort the 8th day of September, 1998. ~¡~ BRENDAR. TAYLOR, C CLERK -2- , , ORDINANCE NO. 1853 AN ORDINANCE TO BE TERMED THE "ANNUAL APPROPRlA TION BILL" APPROPRIATING SUCH SUMS OF MONEY NECESSARY TO DEFRAY ALL NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF BLAIR, NEBRASKA, FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF OCTOBER, 1998, AND SPECIFYING THE OBJECT AND PURPOSED OF EACH APPROPRIATION AND THE AMOUNT FOR EACH OBJECT AND PURPOSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. There is hereby appropriated for the use of the City of Blair, Washington County, Nebraska, the sum of $17,636,408.00 to be raised and acquired by the levy of general and special taxes and by bond issue, this sum being necessary to defray the expenses and liabilities of said City for the 1998-1999 fiscal year. SECTION 2. That the following amounts be and hereby are appropriated from the various funds to the use and purpose hereinafter specified, to wit: FUND ALL SOURCES EST. Total General Fund Debt Service Street Landfill Sales Tax 97 Vote Health & Benefit Insurance Water Sewer CDBG(ED) Fund Donated Funds Capital Outlay Reserve CDBG Reuse Funds MirfFund Economic Development 840 Keno Funds $3,328,632.00 $2,636,510.00 $2,941,999.00 $ 0.00 . $ 709,333.00 $ 83,289.00 $6,062,373.00 $ 848,684.00 $ 505,000.00 $ 7,991.00 $ 130,365.00 $ 158,826.00 $ 27,853.00 $ 0.00 $ 195,553.00 -1- , '. 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 fÌ'om and after its passage, approval and publications as provided by law. Passed and approved this 8th day of September, 1998. CITY OF BLAIR, NEBRASKA B~ "c LA. MINES, MAYOR ATTEST: B~£R~~= (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 8th day of September, 1998. B~~~RK -2- c-" ~~ ORDINANCE NO. 1854 AN ORDINANCE RELATING TO THE LOTTERY: TO PROHIBIT KNOWINGLY PERMITTING AN INDIVIDUAL UNDER NINETEEN YEARS OF AGE TO PLAY OR PARTICIPATE IN ANY WAY IN THE LOTTERY CONDUCTED BY THE MUNICIPALITY; TO REPEAL CONFLICTING ORDINANCES AND SECTIONS; TO PROVIDE AN EFFECTIVE DATE: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRAKSA: SECTION 1: Ordinance No. 1709 of the City of Blair; Nebraska is hereby repealed and the following provisions are hereby adopted. LOTIERY; PARTICIPATION; RESTRICTIONS. (1) No person under nineteen (19) years of age shall play or participate in any way in the lottery established and conducted by thè Municipality. (2) No owner or officer of a lottery operator with whom the Municjpalitycontracts to cònduct its lottery shall play the lottery conducted by the Municipality. No employee òr agent of the Municipality, lottery operator, or authorized sales outlet location shall play the lottery of the Municipality for which he or she performs work during such time as he or she is actually working at such lottery or while on duty. (3) Nothing shall prolnl>it (a) any member of the Governing Body, a municipal official, or the immediate family of such member or official or (b) an owner or officer of an authorized sales outlet location for the Municjpality from playing the lottery conducted by the Municipality as long as such person is nineteen (19) years of age or older. (4) No person, or employee or agent of any person or the Municipality, shall knowingly permit an individual under nineteen (19) years of age to play or particjpate in any way in the lottery conducted by the Municipality. (5) For purposes of this section,. immediate family of a member of the Governing Body or a municjpal official shall mean (a) a person who is related to the member of official by blood, marriage, or adoption and resides in the same household or (b) a person who is claimed by the member or official, or the spouse of the member or official, as a dependent for federal income tax purposes. (Ref. 9-646 RS Neb.) SECTION 2. Any-other ordinance or section passed and approved prior to passage, approval, and publication of this ordinance and in conflict with its provisions is repealed. SECTION 3. This ordinance shall take effect and be. in full force from and after its passage, approval, and publication as required by Jaw. Passed and approved this 8th day of September, 1998. -, .- CITY OF BL~ NEBRASKA B ATTEST: B~1o5t= (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY) BRENDA R. T AYLOR, hereby certifies that she is duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 8th day of September, 1998. B~!~ . c. ORDINANCE NO. 1855 AN ORDINANCE RELATING TO CIVIL SERVICE TO REQUIRE APPLICANTS TO SUBMIT A FULL SET OF FINGERPRINTS AND WRITTEN PERMISSION TO FORWARD THE FINGERPRINTS FOR IDENTIFICATION: TO PROVIDE THAT THE FINGERPRINTS AND RESULTING INFORMATION ARE NOT PUBLIC RECORDS; TO REPEAL CONFLICTING ORDINANCE AND SECTIONS; TO PROVIDE AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCOL OF THE CITY OF BLAIR, NEBRAS~ SECTION 1. Section 2-1103 is hereby added to the Municipal Code of Blair, Nebraska which shall read as follows: - CIVIL SERVICE: REQUIREMENTS FOR CIVIL SERVICE POSmON APPUCANTS. (1) An applicant for a position of any kind under Civil Service shall be able to read and write the English Language, meet the minimum job qualifications of the position as established by the Mayor, and be of good moral character. An applicant shall be required to disclose his or her past employment history and his or her criminal record, if any, and submit a full set of his or her fingerprints and a written statement of permission authorizing the Mayor to forward the fingerprints for identificatìon. Prior to certifying to the Mayor the name of the persons elig¡ole for the position or positions, the Commission shall validate the qualifications of such persons. (2) The Mayor shall require an applicant, as part of the application process, to submit a full set of his or her fingerprints along with written permission authorizing the Mayor to forward the fingerprints to the Federal Bureau of Investigation through the Nebraska State Patrol for identification. The fingerprint identification shall be solely for the purpose of confirming information provided by the applicant. (3) Any fingerprints received by the Commission or Mayor pursuant to a request made under subsection (2) of this section and any information in the custody of the Commission or Mayor resulting from inquiries or investigations made with regard to those fingerprints initiated by the Commission or Mayor shall not be a public record within the meaning of sections 84-712 to 84-712.09 RS Neb. and shall be withheld from the public by the lawful custodians or such fingerprints and information and shall only be released to those law:fu1ly entitled to the possession of such fingerprints and information. Any member, officer, agent, or employee of the Commission, Mayor or Municipality who comes into possession of fingerprints and information gathered pursuant to ..~ subsection (2) of this section shall be an official within the meaning of Section 84-712.09 RS Neb. (Ref. 19-1831 RS Neb.) SECTION 2. Any other ordinance or section passed and approved prior to passage, approval and publication of this .ordinance and in conflict with its provisions is repealed. SECTION 3. This ordinance shall take effect and be in full force ft~ and after its passage, approval and publication as required by law. Passed and approved this 8th day of September, 1998. CITY OF BLAIR, NEBRASKA ~~ MICHAEL A MINES, MAYOR ATTEST: ~Æ~ BRENDA R. TAYLOR; CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA A TAYLOR" hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing ordinance was passed at a regular meeting øf the Mayor and City Council of said City held on the 8th day of September, 19?8. ~I: BRENDA R. TAYLOR, >-- ORDINANCE NO. 1856 AN ORDINANCE CREATING SECTION 5-227 OF THE CITY OF BLAIR MUNICIPAL CODE PERTAINING TO FINANCIAL RESPONSffiILITY FOR ANY OWNER OF A MOTOR VEHICLE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. SECTION 1. Section 5-227 of the City of Blair Municipal Code is hereby created to read as follows: Sec. 5-227. Financial responsibility; owner; requirements; prohibited acts; violation; penalty; dismissal of citation; when. (1) It shall be unlawful for any owner of a motor vehicle which is being operated with In Transit decals pursuant to Neb. Rev. Stat. 60-320, which is being operated pursuant to Neb. Rev. Stat. 60-320.01, or which is required to be registered in this city and which is operated on a public highway of this city to allow the operation of the motor vehicle on a public highway of this city without having a current and effective automobile liability policy, evidence of insurance, or proof of financial responsibility. The owner shall be presumed to know of the operation of his or her motor vehicle on a public highway of this city in violation of this section when the motor vehicle is being operated by a person other than the owner. An owner of a motor vehicle who operates the motor vehicle or allows the operation of the motor vehicle in violation of this section shall be guilty of a Class IT misdemeanor and shall be advised by the court that his or her motor vehicle operator's license, motor vehicle certificate of registration, and license plates will be suspended by the Department of Motor Vehicles until he or she complies with Neb. Rev. Stat. 60-505;02 and 60-528. Upon conviction the owner shall have his or her motor vehicle operator's license, motor vehicle certificate of registration, and license plates suspended by the department until he or she complies with Neb. Rev. Stat. 60- 505.02 and 60-528. The owner shall also be required to comply with Neb. Rev. Stat. 60-528 for a continuous period of three years after the violation. This subsection shall not apply to motor vehicles registered in another state. . (2) An owner who is unable to produce a current and effective automobile liability policy, evidence of insurance, or proof of financial responsibility upon the request of a law enforcement officer shall be allowed ten days after the date of the request to produce proof to the appropriate prosecutor or county attorney that a current and effective automobile liability pol~cy or proof of financial responsibility was in existence for the motor vehicle at the time of such request. Upon presentation of such proof, the citation shall be dismissed by the prosecutor or county attorney without cost to the owner and no prosecution for the offense cited shall occur. (3) The department shall, for any person convicted for a violation of this section, reinstate such person's operator's license, motor vehicle certificate of rf1gistration, and license plates and rescind any order requiring such person to comply with Neb. Rev. Stat. 60-528 without cost to -1- such person upon presentation to the director that, at the time such person was cited for a violation of this section, a current and effective automobile liability policy or proof of financial responsibility was in existence for the motor vehicle at the time the citation was issued. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This orclirn!nce shall be in full force and effect :ITom and following the passage and publication hereof as required by law. Passed and approved this 8th day of September, 1998. CITY OF BLAIR, NEBRASKA ATIEST: ~k.~ BRENDA R. TAYLOR, CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing ordinance was , - passed at a regular meeting of the Mayor and City Council of said City heldon the 8th day of September, 1998. B~A 1~lliRK -2- ORDINANCE NO. 1857 AN ORDINANCE RELATING TO LAW ENFORCEMENT PERSONNEL; TO GRANT ENFORCEMENT AUTHORITY TO LAW ENFORCEMENT PERSONNEL WHEN THEY ARE RENDERING AID OUTSIDE THE MUNICIPALITY DURING DISASTERS, EMERGENCIES, AND PRACTICE OR TRAINING SESSIONS; 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 COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. The Municipal Code of the City of Blair, Nebraska is hereby amended to add to Chapter 6 the following Article and Subsection set forth below: "ARTICLE 6. ARREST AND ENFORCEMENT JURISDICTION 6-601 POLICE DEPARTMENT; ARREST AM! ENFORCEMENT JURISDICTION. (1) Every Municipal law enforcement officer shall have the power and authority to enforce the laws of this state and the Municipality or otherwise perform the functions of that office anywhere within his or her primary jurisdiction. Primary jurisdiction shall mean the geographic area within territorial limits of the Municipality. (2) Any Municipal law enforcement officer who is within this state, but beyond the tenitorialIimits of his or her primary jurisdiction, shall have' the power and authority to enforce the laws of this state or my legal ordinance of any city or incorporated village or otherwise perform the functions ofms or her office, including the authority to arrest and detain suspects, as if enforcing the' laws or performing the functions within the territorial limits ofms or her primary jurisdiction in the following cases: (a) Any Municipal law enforcement officer, if in a fresh attempt to apprehend a person suspected of committing a felony, may follow such person into any other jurisdiction in this state and there arrest and detain such person and return such person to the officer's primary jurisdiction; (b) Any Municipal law enforcement officer, if in a fresh attempt to apprehend a .person suspected of committing a misdemeanor or a traffic infraction, may follow such person anywhere in an area within twenty-five (25) miles of the boundaries of the officer's primary jurisdiction and there arrest and detain such person and return such person to the officer's primary jurisdiction; (c) Any Municipal law enforcement officer shall have such enforcement and arrest and detention authority when responding to a call in which a local, state, or federal law enforcement officer is in need of assistance. A law enforcement officer in need of assistance shall mean (i) a law enforcement officer whose life is in danger or (ii) a law enforcement officer who needs assistance in making an arrest and the suspect (A) will not be apprehended unless immediately arrested, (B) may cause injury to himself or herself or others or damage to property unless immediately arrested, or (C) may destroy or conceal evidence of the com:m.1ssion of a crime; arid (d) If the Municipality, under the provisions of the Interlocal Cooperation Act, enters into a contract with any other municipality or county for law enforcement services or joint law enforcement services, law enforcement personnel may have such enforcement authority within the jurisdiction of each of the participating political subdivisions if provided for in the agreement. Unless otherwise provided in the agreement, the Municipality shall provide liability insurance coverage for its oWn law enforcement personnel as provided in Section 13-1802 RS Neb. (3) If Munieipallaw enforcement personnel are rendering aid in their law enforcement capacity outside the limits of the Municipality in the event of disaster, emergency, or civil defense emergency or in connection with any program of practice or training for such disaster, emergency, or civil defense emergency when such program is conducted or participated in by the Nebraska Emergency Management Agency or with any other related training program, the law enforcement personnel shall have the power and authority to enforce the laws of this state or any legal ordinances or resolutions of the local government where they are rendering aid or otherwise perform the functions of their office, including the authority to arrest and detain suspects, as if enforcing the laws or performing the functions within the territorial limits of their primary jurisdiction. The Municipality shall self-insure or contract for insurance against any liability for personal injuries or property damage that may be incurred by it or by its personnel as the result of any movement of its personnel outside the limits of the Municipality pursuant to this subsection. (Ref. 29-215,81-829.65 RS Neb.)." SECTION 2. Any other ordinance or section passed and approved prior to passage, approval, and publication of this ordinance and in conflict with its prövisions is repealed. SECTION 3. This ordinance shall take effect and be in full force from and after its passage, approval, and publication as required by law. Passed and approved this 22nd day of September, 1998. CITY OF BLAIR, NEBRASKA ~ 'ATTEST .~t.~. BRENDA R TA YLO . ITY CLERK (SEAL) STATE OF NEBRASKA ) ) :88: ) WASmNGTONCOUNTY BRENDA,R TAYLOR, hereby certifies that she ìsthe duly appointed, qùalified and - acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 22nd 'day of September, 1998. ~f(-~ BRENDA R. TA ThO CTIY CLERK ¡ [ l t ¡ ¡ ,- ORDINANCE NO. 1858 AN ORDINANCE RELATING TO TRAFFIC REGULATIONS; TO AUTHORIZE TIffi GOVERNING BODY TO DESIGNATE SCHOOL CROSSING ZONES; TO AUTHORIZE THE CITY COUNCIL FOR TIffi CITY OF BLAIR, NEBRA:SKA TO DESIGNATE SCHOOL CROSSING ZONES; TO AMEND SECTION 5-221 OF THE MUNICIPAL CODE PERTAINING TO SCHOOL CROSSING ZONES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BEIN FULL FORCE AND EFFECT. BE IT ORD~D BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. Section 5-221 of the Municipal Code of the City of Blair, Nebraska is hereby amended to read as follows: "Sec. 5-221 SCHOOL CROSSING ZONES; ENTERING, OVERTAKING AND PASSING. It shall be unlawful for: (1) A person operating a motor vehicle to enter or cross a school crossing zone designated by the City Council for the City of Blair, Nebrask~ and, at which appropriate regulatory signs have been erected, when a pedestrian or pedestrians are in the designated crosswalk, without first coming to a complete stop; and, the operator of such motor vehicle shall not proceed across the designated crosswalk before the pedestrian or pedestrians have left the lane of 1ra:ffic of such motor vehicle; and, (2) A person operating a motor vehicle to overtake and pass another vehicle in any school crossing zone designated by the City Council for the City of Blair, Nebraska at which appropriate signs have been erected, in which the street has only one lane of traffic in each direction. (Ref. Neb. Rev. Stat. 60-6, 134.01)". SECTION 2. A new Section 5-228 is hereby added to the Municipal Code of the City of Blair, Nebraska, as follows: "Sec. 5-228 SCHOOL CROSSING ZONES; DESIGNATION. (1) Section 60-682.01 RS Neb. provides fines for operating a motor vehicle in violation of authorized speed limits and states that the fines are doubled if the violation occurs within a school crossing zone. (2) Section 60-6,134.01 RS Neb. and Section 5-211 (2) of the Municipal Codemakes it unlawful for a person operating a motor vehicle to overtake and pass another vehicle in a school crossing zone in which the street has only one lane of traffic in each direction and provides fines for violation of that prohibition. (3) The City Council for the City of Blair, Nebraska ("Governing Body") may, by resolution, designate to the public any area of a street, other than a fteeway, as a school crossing zone through the use of a sign or traffic control device as specified by the Governing Body in conformity with the Manual on Uniform Traffic Control Devices. Any school crossing zone so designated starts at the location of the first sign or traffic control device identifying the school crossing zone and continues until a sign or traffic control device indicates that the school crossing zone has ended. (Ref.. 60-658.01 RS Neb.)". SECTION 2. Any other ordinance or section passed and approved prior to passage, approval, and publication of this ordinance and in conflict with its provisions is repealed. SECTION 3. Thkordinance shall take effect and be in:full force ftom and after its passage, approval, and publication as required by law. Passed and approved this 22ndday of September, 1998. CITY OF BLAIR, NEBRASKA ð~~ MICHAEL A. MINES, MAYOR ATTEST B~fi~~ (SEAL) STATE OF NEBRASKA ) ) :ss: ) WASHINGTON COUNTY BRENDA R. TAYLOR, hereby certifies that she is the duly appointe~, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 22nd day of September, 1998. . ~ If. i ~ BRENDA R. TAYLOR, TY CLERK ORDINANCE NO. 1859 AN ORDINANCE RELATING TO MUNICIP At PROPERTY; TO PROHIBIT. THE CONSTRUCTION OF ANY PUBLIC WORKS INVOL VlNG ARCIDTECTURE OR ENGINEERING UNLESS CERTAIN REQUlREMENTS ARE l\ŒT; TO PROVIDE EXCEPTIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH8 AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. . BE IT ORDAß\1ED BY THE MA VOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. A new Section 8-112 is added to the Municipal Code of the City of Blair, Nebraska. as follows: . ~'.8:lU MUMCIP AL PROPERTY; PJJBI.IC WORK~ INVOL \lING ARCBITF,CTIJRE OR ENGINEERING; REQUJ:RJ¡;MENTS. (1) Except as provided in subsection (2) of this section, the Municipality shall not engage in the Construction of any public works involving architecture or engineering unless the plans, specifications, and estimates have been prepared and the construction has been observed by an architect, a professional engineer, or a person under the direct supC1"VÎsion of an architect, pr.ofessional engineer. or those under the direct supervision of an architect or professional engineer. (2) Subsection (1) of this section shall not apply to the following activities: (a) Any public works project with contemplated expenditures for the completed project that do not exceed forty thousand dollars ($40~OOO): (b) Any a:1tera.tion~ renovation, Of :remodeling of a building if the alteration, renovation, or remodeling does not affect architectural or engineering safety features oftbe building; (c) Períonnance of professional services for itself if the Municipality appoints a municipal engineer or employs a fuII--time person licensed undet.' the Engineers and Architeéts Regulation Act who is in responsible charge of architectural or engineering work; . (d) The practice of any other certified trade or legally recognized profession; (e) Earthmoving and related work associated with soil and water conservation practices performed on any land owned by the Municipality that is not subject to a permit tram the Department of Water Resources; (f) The work of employees and agents of the Municipality perfonningJ in accordance with other requirew.ents of law, their customary duties in the administration and enforcement of codes, pennit programs, and land-use regulations and their customary duties in utility and public works conStruction. operation", and maintenance; (g) Those services. ordinarily performed by sub~rdinates 1.U1der ~ct supe~ision of a professional engmeer or those commonly desIgnated as locomotive. stationary, marine operating engineers, power plant operating engineers, OJ: manufacturers who supervise the operation of or operate machinery or equipment or who supervise construction within their own plant; (h) '. The construction of municipal water wells as defined in section 46-1212 RS Neb., the installation of pumps and pumping equipment into municipal water wells, and the decommissioning of municipal water wells, unless such constmction, installation, or decommissioning is required by the Municipality to be designed or supervised by an engÍneer or unless legal reqUirements are imposed upon the Municipality as a part of a public water supply; and (i)Any other activities described in sections 81-3449 to 81-3453 RS Neb. (Ref. . 81-3423,81-3445,81..3449 thróugh 81-3453 RS Neb.)". . SECTION 2. Any other ordinance or section passed and approved prior to passage. approval, and publication of this ordinance and in conflict with its provisions is repealed. SECTION 3. This ordinance shall take effect and be in full force from and after its passage, approval, and publication as required by law. Passed and approved this 22nd da.yofSeptember,1998. CITY OF BLAIR. NEBRASKA ~~ BY "~L A. MINES, MAYOR . ATTEST: (SEAL). STATE OF NEBRASKA ) ) :88: ) WASHINGTON COUNTY BRENDA R. T A nOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing ordinance was passed at a regular meeting of the Mayo!.' and City Council of said City held on the'Î2nd day of S~1nbe~1998. ~ ORDINANCE NO. 1861 AN ORDINANCE REZONING TAX LOT 57 IN SECTION 1, TOWNSHIP 18 NORTH, RANGE 11, EAST OF THE 6THp .M., IN WASHINGTON COUNTY, NEBRASKA, FROM GENERAL AGRICULTURAL DISTRICT (AGG) TO MULTI-FAMILY IllGH DENSITY DISTRICT (RMH), REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN TIllS 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 57, to be known as Tax Lots 86 and Tax Lot 87 after such tract is subdivided by lot split, in Section 1, Township 18 North, Range 11, East of the 6th P.M., in Washington County, Nebraska from General Agricultural District (AGG) to Multi-Family Residential High Density District (RMH). SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as established hereby. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 13th day of October, 1998. CITY OF BLAIR, NEBRASKA ~~~ ATTEST: (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R TA YLO~ hereby éertifies 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 13th day of October, 1998. ni:::L~~ . -...- ..---.,."----.. ._---..... ---- -"'--"-' ,. -.. --",.." .....-.".. -,..-- ..,. -- -----'---- -2- ORDINANCE NO. 1862 AN ORDINANCE ANNEXING THE REAL ESTATE GENERALLY DESCRIBED AS TAX LOT 57, IN SECTION 1, TOWNSHIP 18 NORTH, RANGE 11, EAST OF THE 6TH P.M., IN WASHINGTON COUNTY, NEBRASKA, REPEALING ALL ORDINANCES OR P ARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN TIllS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. WHEREAS, that parcel of real estate described above 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 real estate described as Tax Lot 57, to be known as Tax Lot 86 and Tax Lot 87 after such tract is subdivided by lot split, all in Section 1, Township 18 North, Range 11, East of the ~ P.M., in 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 tracts of real estate. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED this 13th day of October, 1998. CITY OF BLAIR, NEBRASKA BY...~ ~HAEL A. MINES, MAYOR -1- ATTEST: BRENDAR. TAYLOR, C (SEAL) STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON) BRENDA R TAYLOR, 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 13th day of October, 1998. BRENDA R. TAYLOR, C ORDINANCE NO. 1863 AN ORDINANCE PROVIDING FOR THE SALE OF A TRACT OF LAND DESCRIBED AS THAT PORTION OF FOURTEENTH STREET LYING BETWEEN BLOCK 23 AND BLOCK 24 AND LYING SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF STATE STREET IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, PROVIDING FOR THE TERMS AND CONDITIONS OF SAID SALE, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN TIllS 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 transfer and quitclaim unto Concrete Equipment Company all of the City's right, title, and interest in and to a tract of real estate described as that portion of Fourteenth Street lying between Block 23 and Block 24 and lying South of the Southerly right of way line of State Street in the City of Blair, Washington County, Nebraska. SECTION 2. The conveyance of the tract of real estate described in Section 1, hereinabove, 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 and deliver any and all necessary documents or quitclaim deeds to effectuate such conveyance of real estate. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. -1- Passed and approved this 13th day of October, 1998. CITY OF BLAIR, NEBRASKA B~ ATTEST: ~i BRENDA R TA YLO (SEAL) STATE OF NEBRASKA ) )ss W ASIDNGTON COUNTY ) B~A R TAYLOR, hereby certifies that she is the dilly appoÏnted, qualified and acting City Clerk öfthe City of Blair, Nebraska, and that the above and foregoÏng Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 13th day of October, 1998. BRENDAR TAYLOR, -2- AGREEMENT FOR SALE OF REAL ESTATE THIS AGREEMENT made this J/;~ day of October, 1998, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller", and Concrete Equipment Company, Inc., a Nebraska Corporation, hereinafter referred to as "Buyer". WITNES SETH: Seller agrees to sell and convey to the Buyer by Quit Claim Deed, free and clear of all encumbrances except easements and restrictions of record, the following described real estate, to-wit: THAT PORTION OF FOURTEENTH STREET LYING BETWEEN BLOCK 23 AND BLOCK 24 AND LYING SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF STATE STREET IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, the said Buyer agrees to purchase said property on the following terms and conditions, to-wit: The purchase price therefor is agreed to be the sum of $6,720.00, which shall be paid in cash at the time of closing. Closing of the transaction shall be on or before forty-five (45) days following passage of an ordinance by the City of Blair approving the sale herein. It is understood and agreed by and between the parties hereto that Buyer shall receive possession of the premises upon closing. The City of Blair hereby specifically reserves an easement over and across said right of way for any storm sewer or any other utilities on said real estate. The Buyer shall have the right to move and reconstruct said storm sewer or other utilities to any location on said real estate provided same is at the Buyer's sole expense and pursuant to the Seller's specifications. The Seller shall not be responsible for payment of any real estate taxes assessed against the premises. The Buyer shall be responsible for and shall pay any and all taxes assessed against the premises including but not limited to any assessments made for any year or partial year during which the City owned the premises, but which are levied as a result of this transaction. The Seller shall not have any obligation or liability to provide a survey of the premises. In the event the Buyer requests, Seller shall provide to the Buyer a title insurance commitment to said premises showing fee simple title in Seller, subject to any easements and restrictions of record, for conveyance to said Buyer. The cost of such title insurance shall be paid solely by the Buyer. The Seller specifically makes no warranties or representations as to the condition of the premises nor their usability as may be intended by the Buyer. The Buyer is purchasing the premises "as is". The Buyer has made an inspection of the property and is familiar with the condition thereof and is not relying upon any representations made with reference thereto by the Seller except those set forth herein. This Agreement shall be subject to the filing of any remonstrance pursuant to Nebraska Statutes against the sale of this property by Blair wherein such remonstrance would be deemed to be valid and which would prohibit, pursuant to the statutes of the State of Nebraska, the conveyance of the property by the City of Blair. In the event of such remonstrance, the purchase price shall be returned to the Buyer. Under no other circumstance shall the Buyer be entitled to a refund of the purchase price. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their assigns and successors in interest. CITY OF BLAIR, NEBRASKA ~ MICHAEL A. MINES, MAYOR ATTEST: ~¡f BRENDA R. TAYLOR, CONCRETE EQUIPMENT COJ\1P ANY, INC., a Nebraska Corp arlon, STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) On this day of October, 1998, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came Michael A. Mines, Mayor of the City of Blair, Nebraska, Seller, to me known to be the identical person whose name is affixed to the foregoing agreement and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. - NOTARY. ~."- NO~/? ~- BRENDAR. TAYLOR My eomm. Exp. June 20. 2000 -=:;! r I I r t I I t f I I I , ' STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) On this / Iii!; day of () cfo k. . 1998, before me, the undersigned a Notary Public, dilly commissioned and qualified for in said county, personally came Neil Smith, dilly authorized officer of Concrete EqUipment Company, Inc., a Nebraska corporation, Buyer, to me known to be the identical person whose name is affixed to the foregoing agreement and acknowledged the execution thereof to be his/her voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. '~~ þr J;E.HERAl NOTARY-State of Nebraska JANICE J. WHITEHEAD .. My Comm. Exp. July 14, 2000 f I. ORDINANCE NO. 1864 AN ORDINANCE CREATING SECTION 6-339, SECTION 6-340, AND SECTION 6-341 OF MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, PERTAINING TO TOBACCO USE BY MINORS, MINORS MISREPRESENTING AGE TO OBTAIN TOBACCO AND UNLAWFUL POSSESSION OF TOBACCO BY MINORS; PROVIDING FOR PENALTIES; 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. A new Section 6-339 is added to the Municipal Code of the City of Blair, Nebraska as follows: "Sec. 6-339. TOBACCO; USE BY MINORS; PENALTY. Any person under the age of 18 years who shall smoke cigarettes or cigars, or use tobacco in any form whatsoever, in the City of Blair, Nebraska, shall be guilty of a Class V Misdemeanor. Any minor so charged with the violation of this Section may be ftee ftom prosecution when such minor shall have furnished evidence for the conviction of the person or persons selling or giving such minor the cigarettes, cigars or tobacco. (Neb. Rev. Stat. 28-1418)." SECTION 2. A new Section 6-340 is added to the Municipal Code of the City of Blair, Nebraska as follows: "Sec. 6-340. MINOR MISREPRESENTING AGE TO OBTAIN TOBACCO; PENALTY. Any person under the age of18 years who shall obtain cigarettes, cigars, tobacco, or tobacco material ftom any person, partnership, limited liability company or corporation licensed by the State of Nebraska as provided in Neb. Rev. Stat. 28-1421 and 28-1422, by representing that he/she is of the age of 18 years or older, shall be guilty of a Class V Misdemeanor. (Neb. Rev. Stat. 28-1427)." SECTION 3. A new Section 6-341 is added to the Municipal Code of the City of Blair, Nebraska as follows: "Sec. 6-341. MINOR; UNLAWFUL POSSESSION OF TOBACCO; PENALTY. Any person under the age of 18 years who shall have in his or her possession or physical control any cigarettes, cigars, tobacco, or tobacco material in any form whatsoever in the City of Blair, Nebraska, shall be guilty of a Class V Misdemeanor. Any person so charged with the violation of this Section may be ftee ftom prosecution when such minor shall have furnished evidence for the conviction of the person or persons selling or giving such minor the cigarettes, cigars, tobacco, or tobacco material. SECTION 4. All ordinarices or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 13th day of October, 1998. CITY OF BLAIR, NEBRASKA ~~ A. S, MAYOR (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 13th day of October, 1998. ORDINANCE NO. 1865 AN ORDINANCE AMENDING SECTION 1401 OF THE COMPREHENSIVE WNING ORDINANCE OF THE CITY OF BLAIR, NEBRASKA BY PROVIDING THAT CONDffiONAL USE PERMITS SHALL RUN WITH THE LAND. WHEREAS, the City Council deems it to be in the public good and general welfare of the City to amend Section 140 1 of the Comprehensive Zoning Ordinance of the City ofBJair, Nebraska to provide that conditional use permits shall run with the Iànd. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That Section 1401 of the Comprehensive Zoning Ordinance of the City of BIak, Nebraska, shall be amended to read as follows: "SECTION 1401 GENERAL POWERS The City Council may, by conditional use permit after a Public Hearing and referral to a recommendation ftom the P1anning Commission, authorize and permit conditional uses that are designated in the district use reguJations if it is found that the location and characteristics of the use will not be detrimental to the health, safety, morals, and general welfare of the area. Allowable conditional uses may be permitted, enlarged, or altered upon application for a conditional use permit in accordance with the rules and procedures of this Ordinance. The City Council may grant or deny a conditional use per:mit in accordance with the intent and purpose of this Ordfuance. In granting a conditional use permit, the City Council will authorize limitations and shall prescnœ and impose appropriate conditions, safeguards, and a specified time limit for the performance of the conditional use permit. Any conditional use permit granted pursuant to the provisions of this Article 14 shall run with the ]and subject only to satisfactory compliance with the conditions, safeguards, and specified thne limit reqillred under the conditional use permit, as established by the Mayor and City Council. A conditional use permit shall not terminate merely because the conditional use permit applicant sells, transfers, conveys or assigns, voluntarily or involuntarily, its interest .in the property subject to the conditional use permit." SECTION 2. All ordinances or parts of ordinances in cont1ict herewith are hereby repealed. SECTION 3. This or<linance shall be in full force and effect fÌ'om and followIDg the passage and publication hereof as reqillred by Jaw. .. PASSED AND APPROVED this 10th day ofNovember, 1998. CITY OF BLAIR, NEBRASKA . ~~~- ATTEST: 6~'~ BRENDA R TA nOR, CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: ) W ASIDNGTON COUNTY BRENDA R TAYLOR, hereby ~ that she is the duly appointed, quaJified and acting City Clerk of the City ofBJair, Nebraska, and that the above and foregoing Ontinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 10th day of November, 1998. .~ ~.te BRENDA R TAYLOR,. . ORDINANCE NO. 1866 I AN ORDINANCE PROVIDING FOR TIIE SALE OF TWO TRACTS OF LAND DESCRIB I AS FOLLOWS: TRACT A: BEGINNING AT THE SOUTIIEAST CORNER OF LOT 20, BLO~ 17, ORIGINAL TOWNSITE OF BLAIR, THENCE NORTH ALONG TIlE EAST LINE OF LqT 20 TO TIIE NORTIffiAST CORNER THEREOF; THENCE WEST ALONG THE NORTH i OF LOTS 16, 17, 18, 19 AND 20 TO TIlE EAST RIGHT OF WAY OF DEDICATED 15 STREET; THENCE soum ALONG THE EAST RIGIIT OF WAY OF 15TH STREET TO NORTH RIGIIT OF WAY OF STATE S1REET; THENCE EAST ALONG THE NORTH RIG OF WAY OF STATE STREET TO TIIE POINT OF BEGINNING, CONTAININ~ APPROXIMATELY 12,000 SQ. FT.; TRACT B: BEGINNING AT THE SOUTHEAST CO OF BLOCK 16,' ORIGINAL TOWNSITE OF BLAIR., THENCE NORTH ALONG TIIE E T LINE OF BLOCK 16 TO TIIE NORTIIEAST CORNER OF THE SOUTH HALF OF BLOCK 1~; TIIENCE EAST TO THE NORTHWEST CORNER OF TIIE SOUTH HALF OF BLOCK 1~; , I THENCE SOUTH ALONG THE WEST LINE OF BLOCK 17 TO TIlE SOUTHWEST CORNER THEREOF; THENCE WEST ALONG THE NORTH RIGIIT OF WAY OF STATE STREET Tþ TIlE POINT OF BEGINNING, CONTAINING APPROXIMATELY 8,000 SQ. FT., PROVIDINP FOR TIIE TERMS AND CONDmONS OF SAID SALE, REPEALING ALL ORDINANCES o~ PARTS OF ORDINANCES IN CONFliCT HEREWITH AND PROVIDING wHEN THJ!s ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. I I BE IT ORDAINED BY TIm MAYOR AND CITY COUNCIL OF TIlE CITY OF B~ NEBRASKA. I SECTION 1. That the City of BJak agrees to transfer and quitclaim unto Great p4 Communications, Inc., all of the City's right, title, and' Ïnterest in and to two tracts of real esta~e descnòed as follows: Tract A: Begjnning ~ the Southe~ co~ of Lot 20, Block 17, 0rignJ¡ Townsite ofBJak, thence North along the East line of Lot 20 to the Northeast comer thereof; then1 West along the North line ofLots 16, 17, 18, 19 and 20 to the east right of W3¥ Of. ~ ¡Sf S tree!; thence South aJong the East right of way of IS" Street to the North right of way of I Street; thence East along the North right of way of State Street to the point ofbe£innin£, containin~ approJåmateJy 12,000 sq. ft.; Tract D: Beginnñ1g at the Southeast corner of Block 16, on4 Townsite 0 fBIair, thence North along the East line of Block 16 to the Northeast comer of the So1 -1- I I baJf 0 fBJock 16; thence East to the Northwest corner of the South baJf 0 fB Jock 17; thence SOr along the West line of Block 17 to the Southwest corner thereof; thence West along the North. I t SECTION 2. The conveyance of the tracts ofreal estate described in Section 1~ hereinabo e, of way of State Street to the point of beginning, containing approximately 8,000 sq. ft. shall be pursuant to the terms and conditions of the proposed agreement attached hereto and mark~ I Exhibit "A'!'. I SECTION 3. That the Mayor and City Clerk of the City ofBJair, Nebraska, are hereby I authorized and directed to execute and deliver any and all necessary documents or quitclaim deeþ I I to effectuate such conveyance of real estate. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. This ordinance shall be in :full force and effect :from and following the ~e and publication hereof as required by law. I PASSED AND APPROVED TIllS 10th day of November, 1998. I I ~~) CITY OF BLAIR NEBRASKA ATTEST: ~YL{ ~ (SEAL) -2- j -- " STATEOFNEBRASKA ) )ss W ASIDNGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qua1ffied and city Clerk of the City ofBJair~ Nebraska, and that the above and foregoing Ordinance was passed. approved at a regular meeting of the Mayor and City Council of said City held on the 10th day f November~ 1998.- ~,f~. BRENDA R. TAYLOR,. . CŒRK -~- \ -.. I .1 I I I AGREEMENT FOR SALE OF REAL ESTATE I THIS AGREEMENT made this dY'fh day of November, 1998, by and between the CiJ of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller", and Great Plains Communications, Inc., a Nebraska Corporation, hereinafter referred to as "Buyer". WITNESSETH: , Seller agrees to sell and convey to the Buyer by Quit Claim Deed, free and clear of ~l encumbrances except easements and restrictions of record, the following described real estate, to-1t: TRACT A: BEGINNING AT THE SOUTHEAST CORNER OF LOT 20, BLOCK 117, ORIGINAL TOWNSITE OF BLAIR, THENCE NORTH ALONG TijÊ EAST LINE OF LOT 20 TO THE NORTHEAST CORNER THEREOf; THENCE WEST ALONG THE NORTH LINE OF LOTS 16, 17, 18, i9 AND 20 TO THE EAST RIGHT OF WAY OF DEDICATED 15THSTREæl. ; TIIENCE SOUTH ALONG THE EAST RIGHT OF WAY OF 15TH STRE T TO THE NORTH RIGHT OF WAY OF STATE STREET; THENCE EA T ALONG THE NORTH RIGHT OF WAY OF STATE STREET TO POINT OF BEGINNING, CONTAINING APPROXIMATELY 12,000 S~. FT.; AND I . I . I TRACT B: BEGINNING AT THE SOUTHEAST CORNER OF BLOCK 1~, ORIGINAL TOWNSITE OF BLAIR, THENCE NORTH ALONG THE EAST LINE OF BLOCK 16 TO THE NORTHEAST CORNER OF THß SOUTH HALF OF BLOCK 16; THENCE EAST TO THE NORTHWESt CQRNER OF THE SOUTH HALF OF BLOCK 17; THENCE SOUTIjI ALONG THE WEST LINE OF BLOCK 17 TO THE SOUTHWES CORNER THEREOF; THENCE WEST ALONG THE NORTH RIGHT 0 WAY OF STATE STREET TO THE POINT OF BEGINNIN , CONTAINING APPROXIMATELY 8,000 SQ. FT. the said Buyer agrees to purchase said property on the following terms and conditions, to-wit: The purchase price therefor is agreed to be the sum of$21,000.00, which shall be paid in cas* at the time of closing. Closing of the transaction shall be on or before forty-five (45) days followin~ passage of an ordinance by the City of Blair approving the sale herein. I It is understood and agreed by and between the parties hereto that Buyer shall receivJ possession of the premises upon closing. I The City of Blair hereby specifically reserves an easement over and across said right of wa~ for any storm sewer or any other utilities on said real estate. The Buyer shall have the right to movel and reconstruct said storm sewer or other utilities to any location on said real estate provided same is at the Buyer's sole expense and pursuant to the Seller's specifications. 1 I I I I The Seller shall not be responsible for payment of any real estate taxes assessed against ~e premises. The Buyer shall be responsible for and shall pay any and all taxes assessed against the premises including but not limited to any assessments made for any year or partial year during which the City owned the premises, but which are levied as a result of this transaction. The Seller shall not have any obligation or liability to provide a survey of the premises. In the event the Buyer requests, Seller shall provide to the Buyer a title insur~ce commitment to said premises showing fee simple title in Seller, subject to any easements ahd restrictions of record, for conveyance to said Buyer. The cost of such title insurance shall be pJid solely by the Buyer. I . I The Seller specifically makes no warranties or representations as to the condition of e premises nor their usability as may be intended by the Buyer. The Buyer is purchasing the premis s "as is". The Buyer has made an inspection of the property and is familiar with the condition there f and is not relying upon any representations made with reference thereto by the Seller except tho e set forth herein. This Agreement shall be subject to the filing of any remonstrance pursuant to NebrasJa Statutes against the sale of this property by Blair wherein such remonstrance would be deemed ~o be valid and which would prohibit, pursuant to the statutes of the State of Nebraska, the conveyanqe of the property by the City of Blair. In the event of such remonstrance, the purchase price shalllje returned to the Buyer. Under no other circumstance shall the Buyer be entitled to a refund of 1e purchase price. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their assigns and successors in interest. I I I CITY OF BLAIR, NEBRASKA B A~ « fa BRENDA R. TA YLOR.~LERK . -' STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY) I , On this ::N~ day of November, 1998, before me, the undersigned a Notary Public, dcly commissioned and qualified for in said county, personally came Michael A. Mines, Mayor of t1b.e City of Blair, Nebraska, Seller, to me known to be the identical person whose name is affixed to m-e foregoing agreement and acknowledged the execution thereof to be Iris volumary act and deed, WITNESS my hand and Notarial Seal the day and year last above written. No~IIT~ ~ STATE OF NEBRASKA) I WASHINGTON COUNTY j :ss: .' I On this .:!3..!. day of November, 1998, before me, the undersigned a Notary Public, duI} commissioned and qualified for in said county, personally came lJ..YVk1i\ £:. (\Jd~V1 , dull authorized officer of Great Plains Communications, Inc., a Nebraska corporation, Buyer, to m known to be the identical person whose name is affixed to the foregoing agreement an acknowledged the execution thereof to be hislher voluntary act and deed. I WITNESS my hand and Notarial Seal the day and year last above written. GENERAL NOTARY - State ofrJroraska BRENDAR. TAYI_OR My Comm. Ex¡> JuP" ê" 2Cj)O. . ." ,_. ,~=, GEl_lOURY-Slate of Iebmb USA M. ANDERSEN My Comm. Exp. Apr. 23, 2001 ~,"9"~'~ , NOTARYPUBUC I I ORDINANCE ~O.1867 i\N ORDINANCE AUTHORIZING THE ISSUANCE OF WATER SYSTEM REVENUE REFUNDING BONDS, SERIES 1999, OF THE CITY OF BLAIR., NEBRASKA, IN THE AGGREGATE PRINCIPAL AMOUNT OF ONE :MILLION SEVEN HUNDRED THOUSAND DOLLARS ($1,700,000) FOR THE PURPOSE OF PROVIDING FOR THE P A ~ AND REDEMPTION OF THE CITY'S OUTSTANDING WATER SYSTEM REVENUE AND REFUNDING BONDS, SERIES 1992, IN THE PRINCIPAL AMOUNT OF $1,790,000; 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 PLANT AND WATER SYSTEM OF SAID CITY FOR THE PAYMENT OF SAID BONDS AND INTEREST THEREON; PROVIDING FOR THE COLLECTION", SEGREGATION AND APPLICATION OF THE REVENUES OF SAIDW ATERWORKS PLANT AND WATER SYSTEM; ENTERING INTO A CONTRACT ON BEHALF OF THE CITY WITH THE HOLDERS OF SAID BONDS; AND PROVIDING FOR PUBLICATION OF TIllS 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 improvenients thereto hereafter made are 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 Bonds which are a lien upon and secured by apledge of the revenue and earnings of the Water System: ' ,'. "-c-",,----,"> ,- Water System Revenue arid Refunding Bonds, SerIes 1992, date of original issue - November 1, 1992, in the original principal amount of$2,495,000, of which $1,790,000 in principal amount currently remain outstanding and unpaid (the "Series 1992 Bonds"). The Series 1992 Bonds are callable for redemption on or after November 1, 1997, at par plus accrued interest to date of redemption. Water System Revenue Bonds, Series 1996, Date of Original Issue- June 15, 1996, issued pursuant to Ordinance No. 1783 of the City, in the original principal amount of$3,050,000, of which bonds in the principal amount of $2,540,000 remain outstanding and unpaid (the "Series 1996 Bonds" or the "Outstanding Bonds. ") The Series 1992 Bonds and the Series 1996 Bonds constitute the only presently outstanding indebtedness of the City payable ftom the revenues of the Water System; ( c) In order to effect a savings in interest costs, it is necessary and advisable for the City to provide funds for the purpose of refunding the-Series 1992 Bonds. Series 1992 Bonds maturing May 1, 1999 through May 1, 2014, in the principal amount of $1,790,000, have been called for redemption on January 19,1999. (d) Under the terms of Section 15 of Ordinance No.1783, the City is authorized to issue refunding bonds which qualify as "Additional Bonds" of equal lien to the Outstanding Bonds provided that the "Net Revenues Test" described in Section 14(b)(l) of Ordinance No. 1783 can be satisfied. With respect to said conditions, the following deternrinations are hereby made: 1) The "Net Revenues" of the Water System as defined in Ordinance No~ -1783 for fiscal year ended September 30, 1998 were not less than $1,068,417.00. Prior to theissua:ttce of the Series 1999 Bonds herein authorized, there shall be placed on file wìth the City Clerk a report of the City's accountants that the audit report for the fiscal year ended September 30, 1998, did show such net revenues as hereby determined. 2) The "A verageAnnual Debt Service Requirements" of the Outstanding Bonds and the proposed Series 1999 Bonds are $360,662.25. 3) Said "Net Revenues" exceed 1.25 times said "Average Annual Debt Service Requirements" of the Outstanding Bonds, all as propo¡;ed to remain outst~ding, and of the proposed Series 1999 Bonds. 4) All conditions required by Sections 14 and 15 of Ordinance No. 1783 precedent to the issuance of the Series 1999 Bonds , äS"Additional Bnfids" uriãêr-tñêl'elms~of saìd ordiñance"dcf- ,,-c,7~ exist and have happene:d. (e) To satisfy the funding requirements described in this Section 1, it is necessary for the City to issue its Water System Revenue Refunding Bonds, Series 1999, in the total principal amountof$I,700,000 (the "Series 1999 Bonds") pursuant to Sections 18-1803 to 18-1805 RRS. Neb. 1997. All conditions, acts and things required by law to exist or to be done precedent to the issuance of the Series 1999 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 law. Said Series 1999 Bonds will be payable from the revenues of the Water System and be on a parity wìth the lien of the Series 1996 Bonds authorized by Ordinance No. 1783 and shall be equally and ratably secured' therewìth and entitled to the security and benefits of said ordinance and this Ordinance. -2- ... -'----, ¡, '..'c, '- <-.-- ','~ . .. -.- Section 2. The Mayor and Council hereby ~er 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 of30 years with interest at 9% and annual payments due in April o~ each year in the amount of$481,814.93; that since such sale it has been the policy ofthe Mayor and Council to appropriate 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 " Sy~em have been pledged, including the Series 1996 Bonds and the Series.1999 Bonds, in order to provide lower utility rates payable by users of the Water System than would otherwise be requiI:ed; 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 fallirig due with respect to the Series 1999 Bonds in the May and November immediately following each such April, commencing with appropriations to be made in 1999, 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 1996 Bonds and the Series 1999 Bonds herein authorized, all ..costs of operation-'andmaintenance for the Wat-e:r=System and-all deposits required to. be madeintu ~ the specific accounts set forth in Section 12 hereof, except to the extent that monies are appropriated from other sources such as the City's contract with Omaha Public Power District sufficient in amount to keep the City in compliance with the covenants set forth in Section 13 hereof. Anything in this Section 2 to the contrary notwithstanding, after the Series 1996 Bonds are no longer outstanding, such declaration of intention shall cease to be in effect and the Mayor and Council shall be absolutely free in their discretion to appropriate or not appropriate revenues attributable to the OPPD Contract. -3- Section 3. In addition to the definitions provi4ed in parentheses elsewhere in this Ordinance, the following definitions of terms shall apply, unless the context shall clearly indicate otherwise: "Additional Bonds" shall mean any and all bonds hereafter issued by the City pursuant to the terms of this Ordinance which are equal in lien to the Series 1996 Bonds ~d the Series 1999 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 1996 Bonds and the Series 1999 Bonds, according to their terms and the terms of said Section 15. "Average Annual Debt Service Requirements" shall mean that number ,H9wputed by adding all of the principal and interest due when comput~~:~~L,the ä.bSoÎute maturity of the bonds for which' such computation is required and dividing by the number of yeárs remaiÏiing that the' longest bond of any issue for which such computation is required has to run to maturity. In making such computation, the principal of any bonds for which mandatory redemptions are scheduled shall be treated as maturing in accordance with such schedule of mandatory redemptions. "Deposit Securities" shall mean direct obligations of or obligations the principal of and interest on which are unconditionally guaranteed by the United States of America. "Net Revenues" shall mean the gross revenues derived by the City ITom the ownership or operation of the Water System, including investment income, but not including any income ITom sale or disposition of any property belonging to or forming a part of the Water System, less the ordinary expenses to the City of operating and máintaining the Water System payable' ITom the Operation and Maintenance Account described in Section 12 of this Ordinance. Operation and maintenance expepses for purposes of determining "Net Revenues" shall not include . . deprí;(ciation, à.mortization or interest on _any bonds or other-indebtedness.. - Net Revenues for all purposes of this Ordinance shall be shown by an audit for the fiscal year in question as conducted by independent certified public accountants. In addition to the amount so computed and 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 ITom 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 1999 Bonds pursuant to Section 5 hereof Section 4. For the purposes described in Section 1 hereof, there shall be and there are hereby -4- ordered issued the negotiable bonds of the City of Blair, Nebraska, to bé known as "Water System Re-venue Refunding Bonds, Series 1999" (the "Series 1999 Bonds"), in the principal amount of One Million Seven Hundred Thousand Dollars ($1,700,000), with such Series 1999 Bonds bearing interest at the ~es per annum and maturing on May 1 of the years shown in the principal amounts as follows: Date of Maturity May 1, 1999 May 1, 2000 May 1, 2001 May 1,2002 May 1,2003 May 1, 2004 May 1, 2005 May 1,2006 May 1, 2007 May 1,2008 May 1, 2009 May 1,2010 May 1,2011 May 1,2012 May 1, 2013 May 1,2014 Amount of Principal Maturing $ 10,000 90,000 95,000 95,000 95,000 100,000 105,000 105,000 115,000 120,000 125,000 130,000 130,000 145,000 150,000 90,000 Interest Rate to Maturity or Earlier Redemption 3.75% 3.80 3.85 3.90 3.95 4.00 4.05 4.10 4.20 4.30 4.40 4.50 4.60 4.70 4.80 4.90 -, .~----~ . The Series 1999 Bonds shallbe-issuedinfullYl'egistered-formin1:he-denomination-of$5,00Oor-cany integral multiple thereof The date of original issue for the Series 1999 Bonds shall be January 15, 1999. Interest on the Series 1999 Bonds, at the respective rates for each maturity, shall be payable on May 1, 1999, and semiannually thereafter on November 1 and May" 1 of each year (each of said' dates an "Interest Payment Date") and the Series 1999 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 Date shall be payable to the registered owners of record as of the close of -5- lusiness on the fifteenth day of the month immediately preceding the month in which each Interest layment Date occurs (the "Record Date"), subject to the provisions of Section 6 hereof. The Series 999 Bonds shall be numbered :lÌom 1 upwards in the order of their issuance. No Series 1999 Bond hall be issued ,originally or upon transfer or partial redemption having more than one principal laturity. The initial bond numbering and principal amounts for each of the Series 1999 Bonds ;sued shall be designated by the City's Treasurer as directed by the initial purchaser thereof ayments of interest due prior to maturity or earlier!e~~ption on the Series 1999 Bonds shall be lade by the Paying Agent and Registrar, as designated pursuant to Section 5 hereof, by mailing a b.eck or draft in the amount due for such interest on each Interest Payment Date to the registered wner of each Series 1999 Bond, as of the Record Date for such Interest Payment Date, to such wner's registered address as shown on the books of registration as required to be maintained in ection 5 hereof. Payments of principal and unpaid accrued interest thereon due at maturity or at lY date fixed for redemption prior,to maturity shall be made by said Paying Agent and Registrar ) the registered owners upon presentation and sUITender of tþ.e Series 1999 Bonds to said Paying .gent and Registrar. The City and said Paying'Agent and Registrar may treat the registered owner :- any Series 1999 Bond as-the absolute-,owner-of such bond forthe.pmpose ,ofmalång payments .ereon and for all other purposes and neither the City nor the Paying Agent and Registrar shall be fected by any notice or knowledge to the contrary, whether such bond or anyinstallment of interest Ie thereon shall be overdue or not. All payments on account of interest or principal made to the gistered owner of any Series 1999 Bond in accordance with the terms of this Ordinance shall be ilid and effectual and shall be a dìscharge of the City and said Paying Agent and Registrar, in spect of the liability upon the Series 1999 Bonds or claims for interest to the extent of the sum or IDS so paid. ' -6- Section 5. The City Treasurer is hereby designated as the Paying Agent and Registrar for the-Series 1999 Bonds. The Paying Agent and Registrar shall keep and maintain for the City books for the registration and transfer of the Series 1999 Bonds at the City offices. The names and registered addr~sses of the registered owner or owners of the Series 1999 Bonds shall at all times be recorded in such books. Any Series 1999 Bond may be transferred pursuant to its provisions at the office of smd 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, dilly executed by the registered owner in person or by such owner's dilly authorized agent, and thereupon the Paying Agent and Registrar on behalf of the City will deliver at its office (or send by registered mail to the transferee owner or owners thereof at such transferee owner's or owners' risk and expense), registered in the name of such transferee owner or owners, a new Series 1999 Bond or Series 1999 Bonds of the same interest rate, aggregate principal amount and maturity. To- the extent of the denominations authorized for the Series 1999 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 ma:t1:Jrity and for a like aggregate principal amount. In every case of transfer of a Series 1999 Bond, the surrendered Series 1999 Bond or Bonds shall be canceled and destroyed. All Series 1999 Bonds issued upon transfer of the Series 1999 Bonds so surrendered shall be valid obligations of the City evidencing the same obligations as the Series 1999 Bonds surrendered and shall be entitled to all the benefits and protection of this Ordinance to the same extent as the Series 1999 Bonds upon transfer of which they were delivered. The City and said Paying Agent and Registrar shall not be required to transfer any Series 1999 Bond during any period from any Record Date Until its immediately following Interest Payment Date or to transfer -7- any Series 1999 Bond called for redemption for a p~od of30 days next preceding the date fixed, for redemption. Section 6. In the event that payments of interest due on the Series 1999 Bonds on an Interest Payment Date ~e 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 1999 Bonds as of a special date of record for payment of such defaulted interest as shall be designated by the.:g~~g Agent and Registrar whenever monies for the purpose of paying sucþ" " defaulted interest become available. SeCtion 7. If the date for payment of the principal of or interest on the Series 1999 Bonds shall be a Saturday, Sunday, legal holiday or a day on which banking institutions Ìi1 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 such day shall have the same force and effe~t as if made on the nominal date of payment. Section 8. Series 1999 Bonds maturing on or after May 1, 2004 shall be subject to :edemptien, in whole or in part, prior to maturity at any time on or after January 15, 2004, at par plus ìccrned interest on the principal amount red~emed to the date fixed for redemption. The City may ¡elecUhe Series 1999 Bonds to be redeemed in its sole discretion, but the Series 1999 Bonds shall ,e redeemed only in amounts of $5,000 or integral multiples thereof Any Series 1999 Bond 'edeemed in part only shall be surrendered to said Paying Agent and Registrar in exchange fora new ;eries 1999 Bond evidencing the unredeemed principal thereof Notice of redemption of any Series ,999 Bond called for redemption shall be given at the,direction of the City by said Paying Agent and tegistrar by mail not less than 30 days prior to the date fixed for redemption, first class, postage -8- prepaid, sent to the registered owner of such Series ~999 Bond at said owner's registered address. Such notice shall designate the Series 1999 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 preseJ?ted for prepayment at the office of said Paying Agent and Registrar. In case of any Series 1999 ~ond 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 1999 Bond shall :,.,.' affect the sufficiency of the proceedings of the City designating the Series 1999 Bonds called for redemption or the effectiveness of such call for Series 1999 Bonds for which notice by mail has been properly given and the City shall have the right to further direct notice of redemption for any such bond for which defective notice has been given. Section 9. The Series 1999 Bonds shall be in substantially the following fòrm: -9- UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF WASHINGTON CITY 0 F BLAIR WATER SYSTEM REVENUE REFUNDING BOND SERIES 1999 No. $ Interest Rate Maturity Date May 1, - Date of Original Issue January 15, 1999 CUSIP No. Registered Owner: Principal Amount: Thousand Dollars ($ ) 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) ftom 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 semiannually on May 1 and November 1 of each year commencing May 1, 1999 (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 presentation and S1J1'Fender of this bond at the office of the City Treasurer, the Paying Agent and Registrar, in Blair, Nebraska. Interest on this bond due prior to maturity or earlier redemption will be paid on each Interest Payment Date by a check or draft mailed by the Paying Agent -and Regîstrar to the registered OWI1er of tllls .bond, as shown on 'the Þ~?Qks..of r~cord maintained by the Paying Agent and Registr(!I, at the close of business on the fifteenth day of the month immediately preceding the month in which the Interest Payment Date occurs, to such owner's address as shown on such books and records. Any interest not so timely paid shall cease to be payable to the person entitled thereto as of the record date such interest was payable, and shall be payable to the person who is the registered owner of this bond (or of one or more predecessor bonds hereto) on such special record date for payment of such defaulted interest as shall be fixed by the Paying Agent and Registrar whenever monies for such purpose become available. This bond is one of an issue of fully registered bonds of the total principal amount of One Million Seven Hundred Thousand Dollars ($1,700,000), of even date and like tenor except as to date )f maturity, rate of interest and denomination which were issued by the City for providing for the ?ayment and redemption of the City's outstanding Water System Revenue and Refunding Bonds, Series 1992, in the principal amount of $ 1,790,000, in pursuance of Sections 18-1803 to 18-1805, ~.R.S. Neb. 1997~ and has been dilly authorized by ordinance (the "Ordinance") legally passed, ipproved and published and by proceedings dilly had by the Mayor and Council of said City. -10- Any or all of the bonds of said issue maturing on or after May 1, 2004, are subject to redemption at the option of the City, in whole or in part, at any time on or after January 15,2004, 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:ib. the ordinance authorizing said issue of bonds. Individual bonds may be redeemed in part but only in $5,000 amounts or integral multiples thereof This bond is transferable by the registered owner or such owner's attorney duly authorized in writing at the office of the Paying Agent and Registrar upon surrender and cancellation of this bond, and thereupon a new .bond or bonds of the same aggregate principal amount, interest rate and maturity will be issued to the transferee as provided in the Ordinance authorizing said issue ofbonds, subject to the limitations therein prescribed. The City, the Paying Agent and Registrar and any other person may treat the person in whose name this bond is registered as the absolute owner hereof for the purpose of receiving payment due hereunder and for all purposes and shall not be affected by any notice to the contrary, whether this bond be overdue or not. If the date for payment of the principal of or interest on this bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the City 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 institutiòns are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. The revenue and earnings of the waterworks plant and water system of the City of Blair, as now owned or hereafter acquired, (the "Water System") are pledged and hypothecated., 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 Bonds, Series 1996, presently outstanding in the total principal amount of$2,540,000 (the "Series 1996 Bonds"), and any additional bonds of equal priority issued in accordance with the Ordinance authorizing the 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 thereftom, which revenues are by the terms of said Ordinance to be deposited into the "Blair Water Systen:ì. Fund" and disbursed to make payments ofprincip~ 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 1996 Bonds may be issued. The City also reserves the right to issue bonds junior in lien to the bonds of this issue and the Series 1996 Bonds, the principal and interest of which are payable ftom moneys in the "Surplus Account" of the Blair Water System Fund as described in the Ordinance. cSaid Ordinance also designates the terms and conditions on which this bond shall cease to be entitled to any lie~ benefit . or security under such Ordinance and all covenants, agreements and obligations of the City under such Ordinance may be discharged and satisfied at or prior to the maturity or redemption of this bond -11- if monies or certain specified securities shall have be~ deposited with a designated fiduciary. This bond shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. IT IS HEREBY CERTIFIED AND WARRANTED that all conditions, acts and things required by law: to exist or to be done precedent to and in the issuance of this bond did exist, did happen and w~e done and performed in regular and due form. and time as required by law. \ IN WITNESS WHEREOF, the Mayor and Council of the City of Blair, Nebraska, have caused this bond to be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk and by causing the official seal of the City to be imprinted hereon, all as of the date of original issue specified above. . .,. CITY OF BLAIR, NEBRASKA Mayor (facsimile S1 ynature) I\TTEST: (facsimile signature) :::ity Clerk SEAL) I I ¡ I ¡ f ¡ ¡ -12- CERTIFICATE OF AUTHENTICATION AND REGISTRATION This bond is one of the series designated therein and 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 ofbonds. , ,~, '. .:, '", .' City Treasurer, Paying Agent and Registrar for the City of Blair, Nebraska' (FORM OF ASSIGNMENT) For value received sells, assigns, and transfers unto within bond and hereby irrevocably constitutes and appoints . Attorney, to transfer the same on the books of registration in the office of the within mentioned Paying Agent and Registrar with full power of substitution in the premises. hereby the Date: 'Registered Owner Signature Guaranteed By: Authorized Officer 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. -13- Section 10. Each of the Series 1999 Bonds shall be executed on behalf of the City with the facsimile signatures ofthe Mayor and the City Clerk and shall have imprinted thereon the City's seal. The Series 1999. 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 of Representations") in the form req1rired by the Depository"Jor and on behalf of the City, which shall thereafter govern matters with respect to registration, transfer, ?ayment and redemption of the Series 1999 Bonds. In the event of issuance of the Series 1999 Bonds as "book-entry-only" bonds, the followin~ provisions shall apply: (a) The City and the Paying Agent and Registrar shall have no r~sponsibi1ity or obligation to any broker-dealer, bank or other financial institution for which the Depository holds Series 1999 Bonds as securities depository (each, a "Bond Participant") or to any person who is an actual purchaser of a Series 1999 Bond from a Bond Participant while the Series 1999 Bonds are in book-entry form (each,:a "Beneficial Owner") with respect to the following: (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 1999 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 1999 Bonds, including any notice of redemption, or (ill) the payment to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the Series 1999 Bonds. The Paying Agent and Registrar shall make payments with respect to the Series 1999 Bonds only to or upon the order of the Depository or its nominee, and all such payments shall be valid and effective fully to satisfy and discharge the obligations with respect to such Series 1999 BondS to the extent of the sum or sums so paid. No person other than the -14- .' Depository shall receive an authenticated Bond, except as provided in (e) below. (b) Upon receipt by the Paying Agent and Registrar of written notice ftom 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 1999 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 appropriate action after reasonable notice (i) to auange,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 Series 1999 Bonds or (ü) to make available Series 1999 Bonds registered in whatever name or names as the Beneficial Owners transferring or exchanging such Series 1999 Bonds shall designate. (c) If the City determines that it is desirable that certificates representing the Series 1999 Bonds be delivered to the ultimate beneficial owners of the Series 1999 Bonds and so notifies the Paying Agent and Registrar in writing, the Paying Agent and Registrar shall so notify the Depository, whereupon the Depository will notify the Bond Partiçipants of the availability through the Depository of bond certificates representing the Series 1999 Bonds. In such event, the Paying Agent and Registrar shall issue, transfer and exchange bond certificates representing the Series 1999 Bonds as requested by the Depository in appropriate amounts and in authorized denominations. . (d) Notwithstanding any other provision of this Ordinance to the contrary, so long as any Series 1999 Bond is registered in the name of the Depository or any nominee thereof, all payments with respect to such Series 1999 Bond and all notices with respect to such Series 1999 Bond shall be made.and given, respectively, to the Depository as-provided in the Letter of Representations. . (e) Registered ownership of the Series 1999 Bonds may be transferred on the books of registration maintained by the Paying Agent and Registrar, and the Series 1999 Bonds may be delivered in physical form to the following: (i) any successor securities depository or its nominee; (ü) any person, upon (A) the resignation of the Depository ftom its functions as depository or (B) termination of the use of the Depository pursuant to this Section. -15- 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 CÍtý's seal, for issuance upon the transfers :fÌ'om 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 requÏrements 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 ;ignatures of its then dilly qualified and acting Mayor and City Clerk and by imprinting thereon or lffixing thereto the City's seal. In case any officer whose signature or facsimile thereof shall appear >n any Series 1999 Bond shall cease to be such officer before the delivery of such bond (including mch certificates delivered to the Paying Agent and Registrar for issuance. upon transfer or partial 'edemption), such signature or such facsimile signature shall nevertheless be valid and sufficient for ill purposes the same as if such officer or officers had remained in office until the delivery of such lond. The Series 1999 Bonds shall not be valid and binding qn the City until authenticated by the )aying Agent and Registrar. The City Treasurer shall cause the Series 1999 Bonds to be registered . . - .' -, '.. ,."... " !1 the office of the Auditor of Public Accounts of the State of Nebraska and in the office of the City ~reasurer as finance officer of the City. Thereafter the Series 1999 Bonds shall be delivered to the laying Agent and Registrar for registration and authentication. Upon execution, registration, and uthentication of the Series 1999 Bonds, they shall be delivered to the City Treasurer, who is uthorized to deliver them to Ameritas Investment Corp., as initial purchaser thereof The Series 999 Bonds are hereby sold to said purchaser for the sum of$1 ,671,100 plus accrued interest, if any, tereon to date of payment and delivery. Said initial purchaser shall have the right to direct the -16- registration of the Series 1999 Bonds and the denominations thereofwithin each maturity, subject to the restrictions of this Ordinance. The officers of the City (or anyone of them) are hereby authorized to execute and deliver the Bònd Purchase Agreement for and on behalf of the City. The City Clerk shall make and certify a transcript of the proceedings of the Mayor and Council with respect to the 1999 Bonds which shall be delivered to said purchaser. Section 11. All accrued interest received from the sale of the Series 1999 Bonds shall be applied to pay interest falling due on May 1, 1999, and shall be credited to the Bond Payment Account as described in Section -12 hereof Expenses of issuance of the Series 1999 Bonds may be paid from the proceeds of the Series 1999 Bonds. The remaining proceeds of the Series 1999 Bonds shall be applied without further direction to the redemption of those outstanding Water System Revenue and Refunding Bonds, Series 1992, of the City. Section 12. The revenues and earnings of the Water System are hereby pledged and hypothecated for the payment of the Series 1999 Bonds, the Series 1996 Bonds and any Additional Bonds and interest on such Series 1999 Bonds, Series 1996 Bonds and any such Additional Bonds, . and the City does hereby agree with the holders of said Series 1999 Bonds, Series 1996 Bonds and .. . . -.. . ... . .-. . Additional Bonds as follows: (a) BLAIR WATER SYSTEM FUND - The entire gross revenues and income derived from the operation of the Water System, including pledges and appropriations from other sources, shall be set aside as collected and deposited in that separate fund described in Ordinance No. 1783 and designated as the "Blair Water System Fund." For pmposes of allocating the monies in the Blair Water System Fund, the City shall maintain the following accounts: (1) Bond Payment Account; (2) Operation and Maintenance Account; (3) Debt Service Reserve Account; (4) Renewal and Replacement Account and (5) Smplus Account -17- (b) BOND PAYMENT ACCOUNT - Out oithe Blali' Water System Fund there shall be credited monthly on or before the fifteenth day of each month to the Payment Account, starting with the month of February, 1999, the following amounts: 1) during the period :ITom and including February 15, 1999 to and including April 15, 1999, an amount equal to 1/3rd of the interest payment due on the Series 1999 Bonds on May 1, 1999: 2) during the period :ITom and including May 15, 1999 until the Series 1999 Bonds have been paid in full, an amount equal to 1/6th of the next maturing semiannual interest payment due on the Series 1999 Bonds; 3) during the period :ITom and including February 15, 1999 to and including April 15, 1999, an amount equal to 1/3rd of the next maturing principal payment for the Series 1999 Bonds; 4) during the period from and including May 15, 1999 until the Series 1999 Bonds have been paid in full, an amount equal to 1/12th of the next maturing principal payment for the Series 1999 Bonds; and 5) during the periods set forth and in the amounts required by subsection 12(b) of Ordinance No. 1783 for the Series 1996 Bonds as are then outstanding. tIne City Treasurer is hereby authorized and directed, without further authorization, ~o withdraw monies credited to the Bond Payment Account, orifthe monies in such, Acc<mnt are insufficient, then :ITom thee Debt Bervice Reserve Account-and next :ITem the Surplus Account, an amount sufficient to pay, when due, the principal of and ~terest on the Series 1999 Bonds, the Series 1996 Bonds or any Additional Bonds þd to transfer the appropriate amounts due to the respective paying agent for the Series 1996 Bonds and the Paying Agent and Registrar (or the designated paying ~gent for any Additional Bonds), on or before each principal and interest payment Çiate. Upon the issuance of any Additional Bonds pursuant to this Ordinance, ~ppropriate additional credits to the Bond Payment Account shall be provided for Ffficient to pay prin~ipal and interest on said Additional Bonds. I ! (c) OPERATION AND MAINTENANCE ACCOUNT - After any credits ~equired to be made by the foregoing subparagraph (b) have been made in fuJ.4 out of ~e Blair Water System Fund there shall be monthly credited into the Operation and . ¥aintenance Account such amounts as the City shall :ITom time to time detennine to -18- be necessary to pay the reasonable and necessary expenses of operating and maintaining the Water System, and the City may withdraw funds credited to the Operation and Maintenance Account as necessary from time to time to pay such expenses. (d) DEBT SERVICE ~SERVE ACCOUNT - The City has agreed that $170,000 from reserve monies held with respect to the Series 1992 Bonds shall be credited to the Debt Service Reserve Account which when added to the amount on hand will equal or exceed the Average Annual Debt Service Requirement for the Series 1996 Bonds and the Series 1999 Bonds and that such amount shall be maintained until June 15,2006. From and after June 15, 2006, the balance shall be reduced to $170,000, which amount shall be maintained until the Series 1999 Bonds - have been paid in full subject to adjustment upon the issuance of Additional Bonds. The amount required to be maintained in the Debt Service Reserve Account after the Series 1996 Bonds, the Series 1999 Bonds or any issue of Additional Bonds are no longer outstanding may be reduced. Monies credited to the Debt Service Reserve Account may be withdrawn, as needed, to provide funds to pay, when due, the principal of and interest on the Series 1999 Bonds, the Series 1996 Bonds and any Additional Bonds issued pursuant to this Ordinance, if the Bond Payment Account contains insufficient funds for that purpose, and the City Treasurer is hereby authorized and directed to make such withdrawal if and when needed. In the event of a withdrawal from the Debt Sèrvice Reserve AccoUnt, 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 Maintenånce 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 .~- -ãiri.ôunt not less than the kveiåge AriIiuåITIèbt Service RequìreDients.oÍt1ie genes 1999 Bonds, the Series 1996 Bonds,- any Additional Bonds then outstanding and the proposed Additional Bonds, provided, however, 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 of1986, 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 ordffiance providing for the issuance of Additional Bonds may provide for a reduction in the amount required to be maintained in the Debt Service Reserve Account after the Series 1999 Bonds, the Series 1996 Bonds or any issue of Additional Bonds are no longer. outstanding. ':'19- ...- (e) RENEWAL AND REPLACEMENT ACCOUNT - Upon the issuance " . I of the Series 1999 Bonds, the City shall maintain in the Renewal and Replacement I Account previously established by ordinance the amount of$l 00,000, which amount : shall represent the required balance to be maintained. Momes credited to the Renewal I and Replacement Account shall be applied from time to time, at the direction of the. i Mayor and Council, to make improvements to or renewals, replacements and repairs i for the Water System. Whenever momes are expended from the Renewal and i Replacement Account for such purposes and the amount credited thereto is reduced ¡ below the then required balance, monthly credits in the amount of $1,700. to said I account shall commence and continue to be made until said account has been restored I to the required balance. Said monthly credits shall be made from monies in the Blair i Water System Fund. after the credits required in the foregoing paragraphs 12(b), 12( c) I and. 12( d) have been made for ea,ch month.. juJ.y ordinance authorizing the issuanc~ i of Additional Bonds may provide for an increase in the required balance and for I payments to be made to said account. The City may from available funds in the i Surplus Account make credits in advance to satisfy the monthly credits described i above in this subsection 12( e). I I I I (f) SURPLUS ACCOUNT - Momes in the Blair Water System Fund I remaining ~er the credits required in the for~go~g Subsections (b), (c), (d) and ( e) i shall be credited to the Surplus Account Momes ill the Surplus Account may be used I to make up any deficiencies in any of the preceding Accounts, to retire any of the I Series 1999 Bonds, Series 1996 Bonds or any Additional Bonds prior to their . maturity, to pay principal of and intereSt on any junior lien water system revenue I bonds or notes or to provide for any other .lawful purpose of the City as directed by i the Mayor and City Council. ! . The prpvisions of this Section 12 shall require the City to maintain a set of books and records in I . . . accordþ.ce with such accounting methods and-procedures as are generally applicable to. municipal . ~ . utility þ-terprises, which books and records shall show credits to and expendi~es from the several i . Acco~ts required by this Section. Except as specified below for the Debt Service Reserve Account, ! the Ci~ shall not be required to establish separate bank or investment accounts for said Accounts. I I Monie$ credited to the Debt Service Reserve Account shill, if maintained in a demand or time I deposit account, be kept in a separate account and not commingled with other City or Water System I I funds. Ilf invested, monies credited to the Debt Service Reserve Account may be commingled with I I -20- 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 Blair belongs as of the time of such investment. Monies in the Debt Service Reserve Account may be invested in Deposit Securities or in certificates of deposit, savings accounts or other interest bearing accounts in banks which are members of the Federal Deposit Insurance Corporation, except that whenever the amount so deposited exceeds the amount of the F .DJ.C. insurance availabl~ thereon, the excess shall be secured in the manner required by Section 16-715 R.RS. Neb. 1997. Investments made from or attributable, in whole or in part, to the Debt Service Reserve Account shall mature or be redeemable at the option of the holder, without penalty, in not more than ten years. Investments made from or attributable to the Bond Payment Account shall mature or be redeemable at the option of the holder by no later than the time monies are reqUired for payments due from such account. Income from or profit realized from investment for any Account shall be credited to such Account until such Account contains any amount then required to be therein, and thèreafter such income or profit shall bé . -- -, .. ". -, - . 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 1999 Bonds, the Series 1996 Bonds and any Additional Bonds issued pursuant to this Ordinance shall remain outstanding and unpaid, the City covenants and agrees to establish, revise, ftom time to time as necessary, and collect such rates and -21- i I ! charges for the water and water service furnished ftom the Water System adequate to produce - I rev~ues and earnings sufficient at all times: ! ! I (a) To provide funds t6 pay, when due, the prlD.cipal.of and interest on the I Series 1999 Bonds, the Series 1996 Bonds and any Additional Bonds issued pursuant I to this Ordinance. I . i (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. I I . I . (c) To provide funds. sufficient tq make the credits into the. Accounts and at I the tinies and in the amounts required by Section 12 of this Ordinance. ! i : . (d) To nïamtain Net Revenues in each fiscal year adopted by the City for the ¡Water System in an amount not less than 1.20 times the Average Annual Debt Service I Requirements on the Series 1996 Bonds, the Series 1999 Bonds and any Additional I Bonds issued pursuant to this Ordinance. I I I Section 14. To provide funds for any purpose related to the Water System, the City may I I I issue! Additional Bonds (other than Additional Bonds issued for refunding purposes which are govetned by Secti~n 15 of this Ordinance) payable ftom the revenues of the Water System having eq~ priority and on a parity with the Series 1999 Bonds, the Series 1996 Bonds and any Additional I Bon~ then outstanding, only upon compliance with the following conditions: (a) Such Additional Bonds shall be issued only pursuant to an ordbiance . which shall provide for an increase in the monthIy credits into the Bond Payment I Account in amounts sufficient to pay, when due, the principal of and interest òn the ! Series 1999 Bonds, the Series 1996 Bonds and any Additional Bonds then ¡ outstanding and the proposed Additional Bonds and for any monthly credits to the i Debt Service Reserve Account as are required under Subsection 12( d). . I . (b) The City shall have complied with one or the other of the two following I requirements: . ! 1) The Net ~evenues derived by the City ftom its Water System for the fiscal year next preceding the issuance of the Additional Bonds shall have been afleast equal to 1.25 times the Average Annual Debt Service Requirements of the Series 1999-Bonds, -22- the Series 1996 Bonds and any Additional Bonds, all as then outstanding, and of the proposed Additional Bonds; or 2) The City shall have received a proj ection made by a consulting engineer or firm of consulting engineers, or by a certified public account or firm of certified public accounts (either one ofwhich 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 1999 Bonds, the. Series 1996 Bonds and any Additional Bonds, all as then outstanding, and of the proposed Additional Bonds. In making such projection, the consulting engineer 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 begllming of the fiscal year for 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 services; (ü) additional general income from sales to customers under existing rate' schedules for various classes of customers or as such sc}¡edules may be revised under a program of changes which has been adopted by the Mayor and Council of the City; (ill) projected revisions in costs for labor, wages, salaries, machinery, equipment, supplies and other operational. items; (iv) revisions in the amount of service to be supplied and any related ac1miJ1istrative or other costs associated with such increases due to increased supply ftom the acquisition of any new facility; (v) anticipated receipts ftom service to any additional customer or customers for the Water System; and (vi) such other factors affecting the proj ections of revenues and expenses as the consulting engineer or accountant deems reasonable and proper. Annual debt service on any proposed Additional Bonds to be issued may be éstimated by the consulting engineer or certified public accountant in projecting Average Annual Debt Service Requirements, but no Additional Bonds shall be issued requÏring any annual debt service payment in excess _of the amount so estimated by the consulting engineer or certified public accountant in any final projections furnished to the City. -23- I If the I City shall find it desirable it shall also have the right when issuing Additional Bonds to comb~e with its Water System any other utilities of the City authorized to be combined under ¡ I , Sectiqns 19-1305 through 19-1308 or 18-1803 through 18-1805 RRS. Neb. 1997, and to cause all I ¡ of the I revenues of such combined utilities systems. to be paid into the Blair Water System Fund, , i ' which! fund may be appropriately redesignated, and to provide that all of the Series 1996 Bonds, the i i Series1999 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 I ' I and sHall stand on a parity and ~ equality as to security and payment, provided, however, no utility i shall ~e combined with the Water System as contemplated in this paragraph unless the City is current I i with aU the payments required to be made into the Accounts created in Section 12, the conditions I ¡ ofsub~ection 14(a) shall have been satisfied and the Net Revenues of the combined utilities systems shall siatisfy one or the other of the requirements for Additional Bonds provided in subsection 14(b) above! For purposes ~f meeting such requirements, the definition of Net Re~enues shall be altered to inctude, the gross revenues of the additional utility or utilities and to take into consideration ¡. - , ordina¡ry expenses of operating and maintaining the additional utility or utilities. In making any , i , pro] ecjtions the consulting engineer or certified public accountant shall ta¡{e into consideration the I ¡ factor$ described in 14(b )(2) above with respect to such additional utility or utilities. Net Revenues i of the ~dditional utility or utilities shall be based upon the report or reports of iIidependent certified publici accountants in the same manner as is required under subsection 14(b) above. i i I . ¡Section 15. The City may issue refunding bonds, which shall qualify as Additional Bonds i under pns Section 15, to refund any Series 1996 Bonds, Series 1999 Bonds or Additional Bonds , . ¡ without compliance with the provisions of subsection 14(b) above, provided that, if any such Series I I . -24- ... -. -, . , 1996 Bonds, Series 1999 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 qualify as Additional Bonds of equal lien to refund any Series 1999 Bonds, Series 1996 Bonds or Additional Bonds then outstanding, provided, that if any such Series 1999 Bonds, Series 1996 Bonds or Additional Bonds then outstanding are to remain outstanding after the application of the proceeds of the refunding bonds to the payment of the bonds which are to be refunded, such issuance must comply with the Net Revenues test set forth in Subsection 14(b )(1) of this ordinance and, if the proceeds of such refunding bonds are not to be applied immediately to the satisfaction of the bonds which are to be refunded, then such refunding bonds must provide by their terms that they shall be junior in lien to all Series 1996 Bonds, Series 1999 Bonds and any Additional Bonds outstanding at the time of }ssuance of such refunding bonds until the time of application of their pro~eeds 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 re~ding 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 - -25- and interest due on the bonds which are to be refunded from and after the time of such application shall also be excluded. For purposes of this paragraph of this Section 15, the time of application of the proceeds of the refunding bonds to the satisfaction of the bonds which are to be refunded shall be the time of deposit with the paying agent for such bonds which are to be refunded pursuant to Section 10-126 RR.S. Neb. 1997 (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 1999 Bonds, Series 1996 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 1999 Bonds, the Series 1996 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(t). The term "Additional Bonds" as used in this ordinance refers only to such bonds as are payable from the revenues of the Water System on a parity with the - -.-- --. --- Series 1996 Bonds and the Series 1999 Bonds and are issued in accordance with the terms of said Sections 14 and 15. Section 17. So long as any Series 1996 Bonds, Series 1999 Bonds or Additional Bonds are outstanding, the City hereby covenants and agrees as follows: (a) The City will maintain the Water System in good condition and will continuously operate the same in a reasonable and efficient manner, and the City will punctually perform all the duties with reference to said system required by the Constitution and statutes of the State ofNebraska, 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 --26- 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 or right to any person, firm or coIporation to own or operate a water system in competition with that owned by the City. (c) The City will maintain insurance on the property constituting the Water System (other than such portions of the system as are not normally insured against loss by casualty) in the amounts and against the risks customarily carned by similar utilities, but including fire and extended coverage insurance in an amount which would enable tbe City to repair, restore or replace the property damaged to the extent necessary to make the Water System operable in an efficient and proper manner to carry out the City's obligations under this Ordinance. The 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 carned with respect to the Water System and shall evidence approval of such insurance by resolution. The proceeds of any such insurance received by the City shall be used to repair, replace or restore the property damaged or destroyed to the extent necessary to make the Water System operable in an efficient and proper manner, and any amount of insurance proceeds not so used shall be credited to the Surplus Account. In the event of any such insured casualty loss, the City may advance funds to make temporary repairs or provide for an advance on costs of the permanent repair, restoration or replacement from the Operation.and 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 firmöf certified public accountants. The City will furnish to the original purchaser of the Series 1999 Bonds and to the original purchaser or purchasers of each series of Additional Bonds issued hereunder"witbin four months after the end of each fiscal year of the Water System, a copy of the financial statèments of the Water System and the report thereon of the certified public accountants. ( e) The City shall cause each person handling any of the monies in the Blair Water System Fund to be bonded by an insurance company licensed to do business in Nebraska in an .amount or amounts deemed sufficient to cover at all times the maximum amount of money belonging to the Water System in the possession or control of any such person. The amount of such bond or bonds shall be fixed by the Mayor and Council and the costs thereof shall be paid as an operating and maintenance èxpense from the Operation and Maintenance Account. -27- (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 herem made or provided for, shall be fully discharged and satisfied as . - to the Series 1996 Bonds, the Series 1999 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 redemption (a) shall have been made or caused to be madè-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, thatwith respect to any bond to be paid prior to maturity, the City shall have duly given notice of redemption of such bonds as provided by law or made irrevocable provisions for the giving of such notice. Any such money so deposited with a bank or trust company may be invested and reinvested in Deposit Securities at the direction of the City, and all interest and income :/Tom 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 -28- such monies were deposited, shall be paid over to the City as and when collected. For purposes of tlris Section 18, any Deposit Securities shall be non-callable or callable only at the option of the holder. 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 1999 Bonds and no changes, variations or alterations of any kind, except for changes necessary to cure any ambiguity, formal defect or omission, shall be made to this Ordinance without the written consent of the registered owners of two-thirds (2/3rds) in principal amount of the Series 1999 Bonds, the Series 1996 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 of any bond shall be changed without the written consent of all registered owners of the Series 1999 Bonds, the Series 1996 Bonds or any Additional Bonds then outstanding affected thereby. The registered owner of any Series 1999 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 tlris 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. Section 20. The Mayor and City .Clerk of the City are hereby authorized to do allthings and execute all such documents as may by them be deemed necessary and proper to complete the issuance and sale of the Series 1999 Bonds as contemplated bttlris Ordinance. -29- Section 21. The City hereby covenants to the purchasers and holders of the Series 1999 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 1999 Bonds, which would cause the Series 1999 Bonds to be arbitrage bonds within the meaIIing of Sections 1 03(b) and 148 of the Internal Revenue Code of 1986, as amended (the "Code"), and further covenants to comply with said Sections 1 03 (b) and 148 and all applicable regulations thereunder throughout the term of said bond issue. The City hereby covenants and agrees to take all actions necessary under the Code to maintain the tax exempt status (as to taxpayers generally) of interest payable on the 1999 Bonds. The City hereby designates the Series 1999 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 1999. Section 22. In accordance with the requirements of Rule 15c2-12 (the "Rille") prom:uIgated 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 1999 Bonds, the City shall provide annual financial and operating information generally consistent with the information set forth under the heading "FINANCIAL 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; audited financial information shall be provided for governmental and 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; (b) in a timely manner to each NRMSIR or to the Municipal Securities Rille Making Board (flMSRB"), notice of the occurrence of any of the following events --30- with respect to the Series 1999 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 1999 Bonds); (5) substitution of credit or liquidity providers, or their failure to perform (not applicable to the Series 1999 Bonds); (6) adverse tax opinions or events affecting the tax-exempt status of the Series 1999 Bonds, (7) modifications to rights of the Bondl:1olders, , (8) bond calls, (9) defeasances, (1 0) release~ substitution, or sale of property securing repayment of the Series 1999 Bonds, and (11) rating changes (the Series 1999 Bonds are not rated and no rating for:the Series 1999 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 the Municipal Securities Rule Making Board ("MSRB ") notice of any failure on the part of the City to provide required annual financial information not later than seven months :trom the close of the City's fiscal year. The City reserves the right to modify ftom time to time the specific types of information provided or the format of the presentation of such information, to the extent necessary or appropriate in the -31- iudgment of the City, consistent with the Rule. The City hereby agrees that such covenants are for ne benefit of the registered owners of the Series 1999 Bonds (mcluding Beneficial Owners) and that mch covenants may be enforced by any registered owner or Beneficial Owner, provided that any mch right to eIÍforcement 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 )bligations of the City under the Ordinance, as described above, shall cease when none of the Series L999 Bonds remain outstanding. Section 23. If any section, paragraph, clause or provision of this Ordinance shall be held nvalid, the mvalidity of such section, paragraph, clause or provision shall not affect any of the other )rovisions of this Ordinance. Section 24. The Preliminary Official Statement is hereby approved and the Mayor and City :lerk are hereby authorized to approve on behalf of the City a final Official Statement with any ~hanges deemed appropriate by them. Section 25. This Ordinance shall be published in pamphlet form and shall be in force and :ake effect from and áfter its passage and approval according to law. PASSED AND APPROVED this 8th day of December , 1998. ~14~ Mayor \TTEST: Q9 ~ "J/Vt-Q~r--J ::;ity Clerk :SEAL ) -32- ,-- ORDINANCE NO. 1868 AN ORDINANCE TERMINATING AND VACATING THE BUSINESS IMPROVEMENT BOARD~ REPEALING ORDINANCE NO. 1648 AND ALL OTHER ORDINANCES IN CONFLICT HEREOF AND PROVIDING WHEN TIllS ORDINANCE 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. That the Business Improvement Board created by Ordinance No. 1648 on or about July 13:> 1993, is hereby terminated and vacated, and the duties and obligations of any members , of the Business Improvement Board shall cease following the passage and publication of this ordinance. . SECTION 2. Ordinance No. 1648 and all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in full force and effect iTom. and following the passage and publication hereof as required by law. PASSED AND APPROVED this 8th day of December, 1998. ATTEST: ~.)JlAL PEGGY J DEPUTY CITY CLERK I CITY OF BLAIR, NEBRAS~ ! ~ ~ B / -' . A/\.. cY .- , ~ MICHAEL A S, MÁ YOR II II ~ II (SEAL) STATE OF NEBRASKA ) ):ss: W ASInNGTON COUNTY ) PEGGY J FRAHM, hereby. certifies that she is the duly appointed, quañfied and acting City aerk of the City ofBlair~ Nebraska, and that the abo,:e and foregoing Ordinance was p~sed and approved at a regular meeting of the M.'ayor and City Council of said City held on the 8th day of December ~ 1998 ~~... PEGGY J DEPUTY CITY CLERK ~.~;~