2000L.
ORDINANCE NO, 1896
AN ORDINANCE AMENDING ARTICLE 5 OF CHAPTER 4 OF THE OF THE MUNICIPAL
CODE OF THE CITY OF BLA1R, NEBRASKA DEALING WITH NUISANCES AND LITTER,
BY ADDING THERETO A DEFINITION OF STREAMS, CREEKS OR WATERCOURSES AND
BY ADDING TO THE DEFINITION OF NUISANCES A NEW PROVISION PERTAINING TO
THE DEPOSITING OR ALLOWING THE DEPOSITION OF MATERIALS WHICH TEND TO
OBSTRUCT STREAMS, CREEKS OR WATERCOURSES; TO PROVIDE FOR NOTIFYING
LANDOWNERS OF THE EXISTENCE OF SUCH OBSTRUCTION AND TO PROVIDE FOR
ITS REMOVAL AT THE EXPENSE OF THE OWNERS OR PERSON IN CONTROL OF THE
LAND CONTAINING OR PROVIDING THE SOURCE OF SUCH OBSTRUCTION;
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 1. That Article 5 of Chapter 4 of the Municipal Code of the City of Blair,
Nebraska, entitled "Nuisances" is hereby amended by adding to said Article 5 a new Section 4-
501.01, which shall read as follows:
"Sec. 4- 501.01 STREAMS, LITTER; SPECIFICALLY DEFINED For the
purpose of this Article, the following words and phrases shall have the meanings
respectively ascribed to them:
Streams Streams shall include all streams, creeks or water courses within. the City of
Blair, Nebraska, including, but not limited to, Cauble Creek and South Creek,
including all of their branches and watercourses leading thereto, and specifically
including the channel of the same. Streams are further defined as any depression or
draw two feet below the surrounding lands and having a continuos outlet to a stream,
creek, water course or river.
Litter In addition to any other definition of litter contained in this Code, litter shall
also include, for the purposes of this Article only, concrete, stone, gravel, crushed
rock or stone, sand, dirt and similar earthen materials."
SECTION 2. That Article 5 of Chapter 4 of the Municipal Code of the City of Blair,
Nebraska, entitled "Nuisances" is hereby amended by adding to said Article 5 a new Section 4-
502.01, which shall read as follows:
" Sec. 4- 502.01 NUISANCES; LITTER WITHIN STREAMS It shall be unlawful
for any person who owns or is in control of any property to place or cause to be
placed on his or her property, or any other property, or allow to remain on his or her
property any litter within any stream as said terms are defined hereinabove; provided,
however, that such act will not be unlawful if a specific written permit for such
activity is obtained under any other provisions of the Municipal Code of the City of
Blair, Nebraska, or from the appropriate regulatory agency of the United States
Government; provided, however, a written permit from the appropriate governmental
agency of the United States Government is an affirmative defense, and it shall be the
burden of the person who owns, is in control of, places or causes to be placed or
allowed to remain any litter within any stream to provide satisfactory evidence of such
written permit. Nothing contained herein shall be construed as relieving any person
from state or federal permit requirements."
SECTION 3. That Article 5 of Chapter 4 of the Municipal Code of the City of Blair,
Nebraska, entitled "Nuisances" is hereby amended by adding to said Article 5 a new Section 4-
503.01, which shall read as follows:
" Sec. 4503.01 NUISANCES; ABATEMENT PROCEDURE Whenever the City
Administrator, or his authorized representative, determines that any litter deposited
or existing within a stream causes imminent danger to the public health, safety or
welfare, particularly where such litter is determined to cause an obstruction to the
channel, stream, watercourse, or flood way affected, then the City Administrator, or
his designated agent, may remove such litter at the expense of the owner or person
in control of the land on which such litter is found and the land immediately adjacent
thereto, if such land was used as the source of such litter or as the place of access for
the disposition of such litter. In cases where the City Administrator, or his designated
agent, determines that such danger is less remote than imminent, he /she may notify,
in writing, such owner or person in control of such land to remove the litter within a
reasonable time period, not less than ten (10) days from notification. If the owner or
person in control of such land fails or refuses to so remove the litter, the City
Administrator, or his designated agent, may remove it at the expense of the owner or
person in control of the land; provided, further, that the reasonable expense
associated with the removal or abatement of such litter shall be levied, equalized and
assessed as are other special assessments as provided by law.
The remedy provided to the City for the removal or abatement of such litter and
assessment of the cost thereof shall not be deemed the exclusive remedy to the City
for such violations but all of said acts shall remain enforceable as other violations of
this Code and the penalties described or applicable thereto may be applied in lieu of
or in addition to the remedies provided herein."
SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 5. This ordinance shall be in full force and effect from and following the passage
and publication hereof as required by law.
PASSED AND APPROVED this 25th day of January, 2000.
ATTEST:
BRENDA TAYLOR, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
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 25th day of
January, 2000.
BRENDA R TAYLOR, Cla CLERK
ORDINANCE NO. 1897
AN ORDINANCE AMENDING SECTION 6 -333 OF THE MUNICIPAL CODE OF THE CITY
OF BLAM NEBRASKA (ORDINANCE NO. 1488) BY ADDING UNLICENSED MOTOR
VEHICLES OR RECREATIONAL EQUIPMENT, INCLUDING BUT NOT LD41TED TO,
MOTORCYCLES, ALL TERRAIN VEHICLES, AUTOMOBILES, TRUCKS, BOATS AND
TRAILERS TO THE DEFINITION OF JUNK, 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 1. Section 6.333 of Chapter 6 of the Municipal Code of the City of Blair,
Nebraska is hereby amended in its entirety to read as follows:
f
"See. 6333 MISDEMEANORS; JUNK ACCUMULATIQI S It shall be
unlawful for any property owner or lessee to allow an accumulation of junk on
property that is located within the corporate limits. F
r
t
Junk shall mean old scrap, copper, brass, iron, steel, rope, rags, batteries,
paper, trash, rubber debris, waste, and motor vehicles or recreational equipment of
any kind including, but not limited to, motorcycles, all terrain vehicles, automobiles,
trucks, boats and trailers which are dismantled, unlicensed or unregistered in violation
of Chapter 60, Article 3 R.R.S. Nebraska (as amended from time to time) abandoned,
inoperable, or wrecked, or parts thereof wood, limbs, vegetation, and other old or
scrap ferrous or nonferrous material.
The City Administrator or the Chief of Police shall have the power to
investigate all complaints of violations of this Section and if they find that such
property owner or lessee has allowed such accumulation, they shall cause the property
owner or lessee to be served with written notice directing hem to remove the
g �
accumulation of junk within five (5) days of the receipt of said notice. j
f
Any person Whng to remove said accumulation within five (5) days after
receiving notice to do so, shall be deemed guilty of a misdemeanor and a conviction
for violation of this section shall result in a fine for the first offense in any one f
calendar year of the sum of fifty dollars ($50.00), for the second offense in any one
calendar year the sum of one hundred dollars ($100.00), and for the third and
subsequent offenses in any one calendar year the sum of one hundred fifty dollars j
($150.00), and the Court, as part of the judgment, shall order the owner to remove
the accumulation of junk. Each day an accumulation of junk is permitted to exist shall
be deemed a separate violation hereunder. In addition, an authorized agent of the
Municipality may cause said junk or motor vehicles to be removed at the expense of j
the owner or lessee, from the land whereon said junk or motor vehicles exist and the
cost of such removal shall be levied, equalized, and assessed as are other special
assessments."
SECTION 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 23rd day of May, 2000.
CITY OF BLAIR, NEBRASKA
ATTEST:
w qmr n � WE r
r
(SEAL)
ESTATE 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 23 day of
May, 2000. /. �,
BRENDA R. TAYLOR, COVY CLERK
ORDINANCE NO. 1898
AN ORDINANCE AMENDING SECTION 6-401 OF THE MUNICIPAL CODE OF THE CITY
OF BLAIR, NEBRASKA (ORDINANCE NO. 1488) WHEREBY THE OFFENSES OF THE USE
OF TOBACCO BY MINORS AND POSSESSION OF TOBACCO BY MINORS SHALL BE
INCLUDED WITHIN THE VIOLATIONS ALLOWABLE UNDER THE VIOLATIONS
BUREAU; 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 BLA R
NEBRASKA, AS FOLLOWS:
SECTION 1. Section 6-401 of the Municipal Code of the City of Blair, Nebraska is hereby
amended in its entirety to read as follows:
"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 6 -101 through
6 -120, inclusive, Sections 6 -201 through 6 -203, inclusive, Sections 6 -206 through
6 -20.8, inclusive, Sections 6 -319 through 6- 319.10, inclusive, Sections 6-320 through
6 -322, inclusive, Section 6 -325, Section 6- 326,Section 6 -328, Section 6 -333, Section
6 -339 and Section 6 -341 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 Court 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 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in full force and effect from and following the passage
and publication hereof as required by law.
ATTEST:
BRENDA R. TAYLOR, CLERK
(SEAL)
PASSED AND APPROVED this 25 day of April, 2000.
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
BY-
L A. MINES, MAYOR
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 25th day
of April, 2000.
BRETIDA R. TAYLOR CLERK
THIS ORDINANCE WAS DEFEATED ON APRIL 25, 2000
MEMBERS VOTING AYE: REEH, MCMANIGAL
MEMBERS VOTING NAY: REALPH, ABBOTT, RYAN, FANOELE, SHOTWELL
MEMBERS ABSTAINED: BOEKA
ORDINANCE NO. 1899
AN ORDINANCE FANG THE COMPENSATION AND EMOLUMENTS FOR THE MAYOR
AND MEMBERS OF THE CITY COUNCIL FOR THE CITY OF BLAIR, NEBRASKA;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH,
AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND C1 COUNCIL OF THE CITY OF BLAIR,
NEBRASKA, AS FOLLOWS:
SECTION 1. That beginning December 12, 2000, members of the City Council of the City
of Blair and members of the City Council whose terms begin on December 12, 2000, shall receive the
compensation and emoluments set forth under Alternative No. 1 or Alternative No. 2 immediately
hereinbelow:
Alternative No. 1 - Members of the City Council shall receive a salary in the amount
of One Thousand Dollars ($1,000.00) per year and in addition to such salary, all
members of the City Council shall be entitled to receive, at no cost to them, full family
coverage under the Group Health Insurance Policy sponsored under the City of Blair
for all employees, and in addition thereto, such members of the City Council shall also
be entitled to such dental /vision, life insurance and any other types of group insurance
available through the City of Blair for all employees.
Alternative No. 2 - Members of the City Council shall be entitled to a salary in the
amount of Four Thousand Three Hundred Dollars ($4,300.00) per year. In addition
to the annual salary, members ofthe City Council shall be entitled to purchase, at their
cost, single or family coverage under the Group Health Insurance Policy sponsored
by the City of Blair for all employees, and in addition thereto, members of the City
Council shall be entitled to purchase, at their cost, such dental/vision, life insurance
and any other types of group insurance available through the City of Blair for all
employees.
On or before December 12, 2000, members of City Council and City Council members whose terms
commence on December 12, 2000, shall execute and deliver to the City Clerk of the City of Blair,
their election of either Alternative No. 1 or Alternative No. 2; provided further, that should any City
Council member not timely make such election, then they shall be deemed to be
compensated under Alternative No. 2 hereinabove; provided further, that any election made or
deemed to be made under this provision, shall be irrevocable.
SECTION 2. That beginning on the first day of the full term for the City Council in
December, 2002, any members of the City Council whose terms begin on or after such date shall
receive the compensation set forth in Alternative No. 2 above.
SECTION 3. The Mayor shall receive as compensation, beginning on the first day of the full
term commencing in December, 2002, a salary in the amount of Five Thousand Eight Hundred
Dollars ($5,800.00) per year. In addition to the above salary, the Mayor shall be entitled to purchase,
at his/her cost, full family or single health insurance coverage under the existing health insurance
policy sponsored by the City of Blair, Nebraska for all employees, and in addition thereto, shall be
entitled to purchase such dental/vision and life insurance coverage available through the City of Blair
Group Health Insurance Policy.
SECTION 4. Members of the City Council and the Mayor shall be entitled to participate, at
their cost, in the City of Blair Section 125 Flexible Benefit Plan.
SECTION 5. Members of the City Council and the Mayor of the City of Blair shall be
entitled to reimbursement for mileage or other out -of- pocket business or education expenses related
to the affairs to the City of Blair.
SECTION 6. It is recommended that the Mayor and City Council review the compensation
and emoluments each four years in conjunction with the term of the Mayor.
including, but not limited to, Ordinance No. , adopted on
200
and publication hereof as required by law.
PASSED AND APPROVED this day of , 2000.
CITY OF BLAIR, NEBRASKA
By
ATTEST:
BRENDA R. TAYLOR, CITY CLERK
(SEAL)
SECTION 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed,
SECTION 8. This ordinance shall be in full force and effect from and following the passage
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
MICHAEL A. MINES, MAYOR
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 day of
2000.
BRENDA R. TAYLOR, CITY CLERK
AN ORDINANCE AMENDING SECTION 501 AGG GENERAL AGRICULTURAL DISTRICT
OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF BLAIR, NEBRASKA
(ORDINANCE NO. 1798) TO ALLOW THE SALE OF ALL TYPES OF TRUCKS AS A
CONDITIONAL USE; 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 1: Section 501.04 of Article 5 "Agricultural Districts" of Ordinance No. 1798 is
hereby amended to add the following conditional use as an exception in the AGG General
Agricultural District upon the issuance of a conditional use permit, to -wit:
"(19) Truck sales, both new and used."
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 23' day of May, 2000.
CITY OF BLAIR, NEBRASKA
ATTEST:
B' �A R. TAYLOR, CITY LERK
(SEAL)
ORDINANCE NO. 1900
MICHAEL A. 1 S, MAYOR
STATE OF NEBRASKA )
) :ss:
COUNTY OF )
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 City Council of said city held on the 23r day of May, 2000.
le. /a
BRENDA R. TAYLOR, t' ITY CLERK
ORDINANCE NO. 1901
AN ORDINANCE AMENDING SECTION 1110 ADJUSTMENTS TO FRONT, REAR, AND
SIDE YARD REQUIREMENTS OF ORDINANCE NO. 1798 TO CHANGE THE SET BACK
FRONTAGE REQUIREMENT WHERE FORTY PERCENT OR MORE OF EXISTING
BUILDING FRONTAGE IS REQUIRED TO ESTABLISH THE ADJUSTMENT TO THE SET
BACK REQUIREMENTS; 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 1: SECTION 1110 "ADJUSTMENTS TO FRONT, REAR AND SIDE YARD
REQUIREMENTS" of Ordinance No. 1798 is hereby amended in its entirety to read as follows, to-
wit:
"SECTION 1110 ADJUSTMENTS TO FRONT, REAR AND SIDE YARD
REQUIREMENTS
1. In all districts except A/ML and A/MH. where forty (40) percent or more of the
frontage on one (1) side of a street between the nearest boundary lines of two (2)
intersecting streets, within the same zoning district, is developed with buildings that
have established, with a variation of five (5) feet or less, a front yard of greater or
lesser depth than herein required, new buildings shall be erected no closer to the
street right -of -way than the average front yard setback line established by such
existing buildings.
2. In the A/ML and AIMH districts, the City Council may, upon recommendation
of the Planning Commission, grant a Conditional Use Permit that would allow a front
yard setback different than herein required, if:
a. forty percent (40 %) or more of the frontage 011 one side of the street
between the nearest boundary lines of two (2) intersecting streets, and for a
distance of one block in either direction, is developed with buildings that
have established, with a variation of five feet (5') or less, a front yard of
greater or lesser depth than herein required;
b. the entire two block area is within the same zoning district;
c. the front yard of less depth than herein required would have no deleterious
effect on the value of adjacent property and would pose no threat to health or
safety; and
Such Conditional Use Permit shall allow new buildings to be erected no closer to the
street right -of -way than the average front yard setback line established under the
provisions of 2(a) immediately herein above.
3. Where two (2) lots are under common ownership and have been permanently
appended to each other by an agreement in writing by the owners thereof, running
with the land and binding upon the heirs, personal representatives, successors, and
assigns of such owners, which provides that such lots or portions of lots are
permanently appended (meaning that they may not be conveyed without the other in
a simultaneous transaction to the same grantee); for the determination of minimum
front, rear, and side yard requirements, the outer boundary of such lots shall be
considered the lot line for establishing set back requirements, and no setback from
any internal lot lines, separating such permanently appended lots, shall be required.
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 23r day of May, 2000.
CITY OF BLAIR, NEBRASKA
ATTEST:
B
(SEAL)
d. Said lot does not front upon a Federal Aid - Primary, Federal Aid -
Secondary, or State highway.
A R. TAYLOR, CITY CLERK
BY c . -�.� 'c
MICREL A s, MAYOR
STALE 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 City Council of said city held on the 23r day of May, 2000.
_,&i,1,1, t
BRENDA R. TAYLOR, C Y CLERK
ORDINANCE NO. 1902
AN ORDINANCE AMENDING SECTION 1-411 OF THE MUNICIPAL CODE OF THE. CITY
OF BLAIR, NEBRASKA (ORDINANCE NO. 1488), BY PROVIDING WHEN A MOTION
FOR RECONSIDERATION MAY BE PRESENTED, 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 1. Section 1-411 Meetings- Rules of Conduct of the Municipal Code of the
City of Blair, Nebraska, is hereby amended to read as follows:
"See. 1-411 MEETINGS: RULES OF CONDUCT. The business and proceedings of
the meeting of the Council ehs11 be conducted in accordance with the latest addition of
Robert's Rules of Order providing that the following shall prevail if in convict with
Robert's Rules of Order.
1. The presiding officer may refer back to any order of business after passing it, if
there is no objection from any Councilmember.
2. When a question is being put by the presiding officer, no Councilmember shall
leave the Council Chambers.
3. Upon request of any Councilmember, any motion or resolution shall be reduced to
writing before being acted upon.
4. The minutes ofthe meeting cha11.show that Councilmember who offered or
introduced a motion, resolution or ordinance and the Councilmember seconding
the same.
5. The "yeas" and `nays" upon any question shall be taken and entered on the
minutes on the request of any Councilmember.
6. The Council may reprimand or censure any of its members for improper behavior
as Councilmembers.
7. Any resolution, ordinance, or motion may be withdrawn by its introducer or
mover with consent of the Couucibmember seconding same, before same is voted
upon.
8. Any person not a member of the Council may address the meeting for not more
than three (3) minutes. If such person speaks for more than three minutes any
member of the Council may object thereto and the person shall immediately cease
addressing the meeting. The time limit may be extended following such an
objection by a majority vote of the Council. The presiding officer may reasonably
limit the number of times during any meeting a person, not a member of the
Council, may address the meeting. The presiding officer may also cause any
person not a member of the Council to be removed from the meeting if the person
is disruptive to the meeting refuses to comply with any noes governing order or
conduct at the meeting, refuses to comply with any reasonable order of the
presiding officer, uses profanity in addressing the meeting, or is abusive to the
Mayor and Council or other persons present at the meeting,
9. The presiding officer may express his or her opinion on any subject being
discussed or debated by the Council.
10. Motion for Reconsideration - A motion to reconsider a vote of the Council shall
be made and taken up at the meeting where the action took place or at the next
regular meeting of the Council. The motion can be made by a member of the
Council who did not abstain or did not vote with the losing side; or, in other
words, the maker of the motion to reconsider can be one who voted with the
prevailing side, or was absent from the meeting. Unless all members of the
Council who voted with the prevailing side are present or have been notified that
the reconsideration will be moved, it requires a two- thirds vote to adopt the
motion to reconsider. All other provisions of Robert's Rules of Order pertaining
to motions to reconsider, which are not in conflict herewith, are affirmed and
raged.
11. The roles may be suspended on the affirmative vote of five (5) members of the
Council."
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 23rd day of Hay , 2000.
-2-
CITY OF BLAIR, NEBRASKA
ATTEST:
BRENDA R. TAYLORPTY CLERK
(SEAL)
STATE OF NEBRASKA )
Nis
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
23rd day of May , 2000.
4
-3-
• BRENDA R. TAYLOR, CLERK
ORDINANCE NO. 1903
AN ORDINANCE AMENDING SECTION 901 A/NIL AGRICULTURAL/INDUSTIRAL ZONES
OF ORDINANCE NO. 1798 TO ALLOW GOLF DRIVING RANGES, GOLF COURSES,
MINIATURE GOLF AND BOWLING ALLEYS AS A CONDITIONAL USE; 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 1: Section 901.04 of Article 9 "A/ML Agriculturaltlndustrial and Manufacturing
Districts" of Ordinance No. 1798 is hereby amended in its entirety to read as follows, to -wit:
"901.04 EXCEPTIONS: After the provisions of this Ordinance relating to
exceptions have been fulfilled, the City Council may permit the following
conditional uses as exceptions in the A/ML Agricultural/Light Industrial and
Manufacturing Districts in accordance with Article 14 of this Ordinance:
(1) Antennas and transmitting structures.
(2) Rental and Leasing Establishments, Outside and Inside Storage.
(3) Golf driving ranges, golf courses, miniature golf courses and bowling
alleys.
(4) Other uses which are similar to the permitted principal uses and which
are in harmony with the intent of this district.
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 13 day of June, 2000.
CITY OF BLAIR, NEBRASKA
ATTEST:
(SEAL)
STATE OF NEBRASKA )
) :ss:
COUNTY OF )
BRENDA IL 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 City Council of said city held on the 13 day of June, 2000.
ORDINANCE NO. 1904
AN ORDINANCE AMENDING ORDINANCE NO 1488 (THE MUNICIPAL CODE OF THE
CITY OF BLAIR, NEBRASKA) BY REPEALING THE UNIFORM BUILDING CODE AS
ADOPTED BY REFERENCE IN SECTION 9 -201; BY REPEALING THE UNIFORM HOUSING
CODE AS ADOPTED BY REFERENCE IN SECTION 9 -301; BY REPEALING THE UNIFORM
PLUMBING CODE AS ADOPTED BY REFERENCE IN SECTION 9-401; BY ADDING A NEW
SECTION 9 -201 AND ADOPTING BY REFERENCE THE INTERNATIONAL BUILDING
CODE; BY ADDING A NEW SECTION 9 -301 AND ADOPTING BY REFERENCE THE
INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS; BY
ADDING A NEW SECTION 9-401 AND ADOPTING BY REFERENCE THE INTERNATIONAL
PLUMBING CODE; BY ADDING A NEW SECTION 9-403 AND ADOPTING BY REFERENCE
THE INTERNATIONAL MECHANICAL CODE; BY ADDING A NEW. SECTION 9 -502 AND
ADOPTING BY REFERENCE THE NATIONAL FIRE CODE; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT, AND PROVIDING
THAT 'PHIS ORDINANCE SHALL BE PUBLISHED IN PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA, AS FOLLOWS:
SECTION 1. That Section 9 -201 "Building Code ", Section 9 -301 "Housing Code" and
Section 9-401 `Plumbing Code" are repealed and rescinded in their entirety, effective on October 1,
2000, at 12:01 AM.
SECTION 2. That the Municipal Code of the City of Blair, Nebraska, as codified in
Ordinance No. 1488, is hereby amended by adding the following new Section 9 -201 of Chapter 9,
`Budding Regulations", to be effective on October 1, 2000, at 12:01 AM:
"Sec. 9 -201 BUILDING CODE: ADOPTED BY REFERENCE. To provide
certain • • + • t standards, provisions and requ;i.r...04,16 for safe and stable design,
methods of construction, and uses of materials in buildings hereafter erected,
constructed, enlarged, altered, repaired, relocated, and converted, the International
Bnibiing Code, 2000 edition, including all appendices, as recommended and published
by the International Code Council, Inc. 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 International
Building Code as though printed in full herein, insofar as said International Budding
Code and any amendments or revised editions do not conflict with the statutes of the
State ofNebraska and so long as one copy of such International Building Code shall
at all times be kept current in the office of the Blair City Clerk. Such International
Building Code shall also include all amendments, deletions or additions which the City
Council and Mayor may make from time to time. Copies of the International Building
Code, as amended, 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 International Budding Code shall be
controlling throughout the Municipality and throughout its zoning jurisdiction."
SECTION 2. That the Municipal Code of the City of Blair, Nebraska, as codified in
Ordinance No. 1488, is hereby amended by adding the following new Section 9 -301 of Chapter 9,
"Building Regulations", to be effective October 1, 2000, at 12:01 AM:
"Sec. 9 -301 ROUSING 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 houses hereafter erected,
constructed, enlarged, altered, repaired, relocated, and converted, the International
Residential Code, 2000 edition, including all appendices, as recommended and
published by the International Code Council, Inc. in book or pamphlet fora, 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 International
Residential Code as though printed in fuJi herein, insofar as said International
Residential 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 International
Residential Code shall at all times be kept current in the office of the Blair City Clerk,
Such International Residential Code shall also include all amendments, deletions or
additions which the City Council and Mayor may make from time to time. Copies of
the International Residential Code, as amended, 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
International Residential Code shall be controlling throughout the Municipality and
throughout its zoning jurisdiction."
SECTION 3. That the Municipal Code of the City of Blair, Nebraska, as codified in
Ordinance No. 1488, is hereby amended by adding the following new Section 9-401 of Chapter 9,
"Building Regulations ", to be effective on October 1, 2000, at 12:01 AM:
"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 International Plumbing Code, 2000 edition, including all
appendices, as recommended and published by the International Code Council, Inc.
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 International Plumbing Code as thou&' printed in full herein, insofar
as said International Plumbing Code and any amendments or revised editions do not
conflict with the statutes of the State ofNebraska and so long as one copy of such
International Plumbing Code shall at all times be kept current in the office of the Blair
City Clerk. Such International 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 International Plumbing Code, as amended, 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
International Plumbing Code shall be controlling throughout the Municipality and
throughout its zoning jurisdiction"
SECTION 4. That the Municipal Code of the City of Blair, Nebraska, as codified in
Ordinance No. 1488, is hereby amended by adding the following new Section 9-403 of Chapter 9,
"Building Regulations", to be effective October 1, 2000, at 12:01 AM:
"Sec. 9-403 MECHANICAL CODE: ADOPTED BY REFERENCE. To provide
certain minimum standards, provisions and requirements for safe and stable design,
construction, quality of materials, erection, installation, alteration, relocation,
replacement, use or maintenance of mechanical systems, the International Mechanical
Code, 2000 edition, including all appendices, as recommended and published by the
International Code Council, Inc. 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 International Mechanical
Code as though printed in full herein, insofar as said International Mechanical Code
and any amendments or revised editions do not conflict with the statutes ofthe State
of Nebraska and so long as one copy of such International Mechanical Code shall at
all times be kept current in the office of the Blair City Clerk. Such International
Mechanical Code shall also include all amendments, deletions or additions which the
City Council and. Mayor may make from time to time. Copies of the International
Mechanical Code, as amended, 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 ofthe International Mechanical
Code shall be controlling throughout the Municipality and throughout its zoning
jurisdiction."
SECTION 5. That the Municipal Code of the City of Blair, Nebraska, as codified in
Ordinance No. 1488, is hereby amended by adding the following Section 9 -502 of Chapter 9,
`Building Regulations ", to be effective on October 1, 2000, at 12:01 AM:
"Sec. 9 -502 FIRE CODE; ADOPTED BY REFERENCE. To provide certain
minimum standards, provisions, and requirements for sa e and fire proof installations
and other matters affecting or relating to structures, processes, and premises from the
hazard of fire and explosion, the National Fire Code, current 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 adoption of such Code
by reference shall be construed to incorporate any amendments or revised editions to
such National Fire Code as though printed in full herein, insofar as said National Fire
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 National Fire Code shall at all
times be kept current in the office of the Blair City Clerk. Such National Fire Code
shall also include all amendments, deletions or additions which the City Council and
Mayor may make from time to time. Copies of the National Fire Code, as amended,
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 National Fire Code shall be controlling throughout the
Municipality and throughout its zoning jurisdiction."
SECTION 6. That nothing in this Ordinance or in the International Building Code,
International Residential Code, International Plumbing Code, International Mechanical Code, and
National Fire Code shall be construed to affect any suit or proceeding impending in any Court, or any
rights acquired or liability incurred under an act or ordinance hereby repealed or amended; nor shall
any right or remedy of any character be lost, impaired or affected by this Ordinance.
SECTION 7. That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 8. That this ordinance shall be in full force and effect from and following the
passage and publication hereof as required by law and publication hereof shall be in pamphlet form
on file and available for inspection at the office of the Municipal Clerk for the City of Blair, Nebraska.
Passed and approved this 27 day of :Tune, 2000.
AI TEST:
61/4e
fZ.
BRENDA R. TAYLOR, ,% CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
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 CitX Council of said City held on the 27th
day of June, 2000.
BRENDA R. TAYLOR, CIT. CLERK.
THIS ORDINANCE AMENDED THE ZONING ORDINANCE AND WAS
PUBLISHED WITHOUT THE SIGNATURE OF THE MAYOR.
ORDINANCE NO. 1905
AN ORDINANCE AMENDING SECTION 501.04 AND SECTION 303 OF THE GENERAL
AGRICULTURAL DISTRICT OF ORDINANCE NO. 1798 OF THE COMPREHENSIVE
ZONING REGULATIONS FOR THE CITY OF BLAIR, NEBRASKA TO ALLOW A
CONSTRUCTION YARD AS AN EXCEPTION SUBJECT TO THE ISSUANCE OF A
CONDITIONAL USE PERMIT AND PROVIDING A DEFINITION OF CONSTRUCTION
YARD; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE
AND EkkECT.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA, AS FOLLOWS:
SECTION 1. Section 501.04 of `Exceptions" of the Comprehensive Zoning Ordinance is
amended to add the following exception:
"(19) Contractor yards."
SECTION 2. Section 303 `Definitions" of the Comprehensive Zoning Ordinance is
amended to add the following definition:
"(43.1) Contractor Yard: Buildings and premises where contractor firm stores its
equipment, vehicles, tools and inventory. In addition, a business office for the firm and
repairs and maintenance of the firm's equipment and vehicles may occur on site if
conducted entirely within an enclosed structure."
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 11` day of July, 2000.
CITY OF BLAIR, NEBRASKA
BY
MICHAEL A. MINES, MAYOR
ATTEST:
BRENDA R. TAYLOR, CITY 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 City Council of said city held on the 11 day of
July, 2000.
BRENDA R. TAYLOR, CITY CLERK
AN ORDINANCE PROVIDING FOR AND APPROVING THE TRANSFER OF THE CABLE
TELEVISION FRANCHISE TO HUNTEL CABLEVISION, INC. 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 EFFECT.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FORT CALHOUN,
STATE OF NEBRASKA, AS FOLLOWS:
SECTION 1: The City has granted a cable television franchise (the "Franchise ")
pursuant to Ordinance No. 1732 and Resolution No 1995 -1 dated January 10, 1995, which is
currently held by TELEPARTNERS, L.L.C. Pursuant to the Franchise, TELEPARTNERS,
L.L.C. has the authority to operate a cable television system within the boundaries of the City.
TELEPARTNERS, L.L.C. has requested that the City consent to the proposed transfer and
assignment of the Franchise by TELEPARTNERS, L.L.C. to HUNTEL CABLEVISION, INC.,
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 TELEPARTNERS, L.L.C. to HUNTEL CABLEVISION,
INC. Michael A. Mines, 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 HUNTEL
CABLEVISION, INC. of a security interest in the Franchise Ordinance to its lenders to secure
indebtedness or other obligations incurred by HUNTEL CABLEVISION, INC. with respect to
the cable television system to be operated by HUNTEL CABLEVISION, INC. pursuant to the
Franchise.
SECTION 4: The transfer of the Franchise shall be effective upon the closing of the sale
by TELEPARTNERS, L.L.C. to HUNTEL CABLEVISION, INC. of the cable television
facilities serving the City. HUNTEL CABLEVISION, INC shall notify the City of the transfer
of the Franchise within 30 days after the date of closing, and provide a copy of the Assignment
and Assumption Agreement by which the Franchise was transferred and assigned by
TELEPARTNERS, L.L.C. to HUNTELICABLEVISION, INC.
SECTION 5: All 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.
ORDINANCE NO. 1906
ATTEST:
PASSED AND APPROVED THIS 8th day of August 2000.
CITY OF BLAIR, NEBRASKA
BRENDA R. TAYLOR., C►' . CLERK
(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
passed and approved at a "regular meeting of the Mayor and City Council of said City held on the
8th day of August, 2000.
Dated: August 8th, 2000
Al LEST:
6 (416
BIt DA R. TAYLOR, CI ' CLERK
CONSENT TO ASSIGNMENT
The City of Blair, Nebraska (the "Franchisor") consents to the Assignment and
Assumption (the " Assignment") between TELEPARTNERS, L.L.C.( "Seller") and HUNTEL
CABLEVISION, INC. ("Buyer") a copy of which is attached hereto, marked Exhibit "A" and
incorporated by this reference herein, and which provides for the transfer and assignment by
TELEPARTNERS, L.L.C. to HUNTEL CABLEVISION, INC. 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 in Section 14, Township 18 North, Range 11 East of the 6 P.M., Washington
County, Nebraska.
The Franchisor further consents to HUNTEL CABLEVISION, INC. 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 HUNTEL CABLEVISION,
INC. with respect to cable television systems to be operated by HUNTEL CABLEVISION, INC.
pursuant to the Franchise Documents; and to the exercise by such lenders of their rights as
secured parties in and to the Franchise Documents in the event of a default by HUNTEL
CABLEVISION, INC. in the payment of its indebtedness or the performance of its obligations
secured by such security interest; provided, thou • h, 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 and represents that the Franchise Documents are valid and
binding and in full force and effect, and that TELEPARTNERS, L.L.C. is the present holder of
the Franchise Documents.
The Franchisor understands that the execution of the Assignment by Buyer and Seller,
and the assumption by Buyer of the Franchise Documents are contingent upon, and shall occur at
the time of consummation of the Purchase Agreement referred to in the Assignment. This
Consent to Assignment shall also be contingent 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
CITY OF BLAIR, NEBRASKA
ORDINANCE NO. 1907
AN ORDINANCE 'AUTHORIZING THE *ISSUANCE .OF A WATER SYSTEM REVENUE
BONA. SERIES 2000B, . OF. THE CITY OF BLA]R, NEBRASKA, llst THE PRINCIPAL'
AMOUNT OF SIX MILLION EIGHT'HUNDRED rwlrr;NT THOUSAND SEVEN HUNDRED
DOLLARS ($6,815,700), IN THE FORM OF A PROMISSORY. NOTE ISSUED TO EVIDENCE
. INDEBTEDNESS TO THE NEBRASKA DEPARTMENT OF ENVIROTJMENTAL QUALITY;
APPROVING THE FORM OF SAID BOND (ISSUED: AS A SINGLE PROMISSORY NOTE)
AND RELATED .LOAN AGREEMENT; PLEDGING' AND. HYPOTHECATING THE
. REVENUES AND EARNINGS OF THE WATERWORKS PLANT AND WATER SYSTEM
OWNED OR TO : BE OWNED BY THE CITY FOR THE PAYMENT OF SAID BOND;
PROVIDING FOR *THE ISSUANCE AND SALE OF' SAID BOND;.. AUTHORIZING THE
DELIVERY OF SAID BOND TO THE NEBRASKA DEPARTMENT OF ENVIRONMENTAL
QUALITY; PROVIDING FOR THE COLLECTION, SEGREGATION: AND APPLICATION OF
THE REVENUES OF SAID WATERWORKS PLANT AND SYSTEM; DETERMINING THAT
INTEREST ON SAID BOND SHALL NOT BE EXCLUDABLE. FROM GROSS INCOME FOR
PURPOSES OF .1..pirdtAL INCOME TAXATION; PROVIDING FOR. THE DISPOSITION OF
THE PROCEEDS OF SAID BOND AND ORDERING TEE ORDINANCE PUBLISHED IN
PAMPTIT FT 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 (the "City) hereby find
and determine as follows:
(a) The City owns and operates a waterworks plant and system (which plant and
system, together with any additions, extensions and improvements thereto hereafter made are
hereinafter referred to as the "Water System ") which represents a revenue - producing undertaking
of the City.
(b) the Nebraska Department of Environmental Quality ("NDEQ") has .approved a
project of the City for its Water System in order to expand the plant capacity, including conversion
of a.settling tank to a new solid contact basin, new piping from the presediinentation. basin to the
solids contact unit and then. to the recarbonation basin, reconfiguration of recarbonation and
flocculation basins, rapid sand filters, new high service pump station and related piping, upgrading
of chemical feed system and instrumentation systems and related improvements, rehabilitations and
repairs which has been designated as DWSRF Project No. D3110007 (the "Project") and has agreed
to lend from monies in NDEQ's Drinking Water Facilities Loan Fund or from other sources in the
total principal amount of $6,815,700 (the "NDEQ Loan ") and in connection with such loan has
agreed to accept one or more bonds payable from the revenues of the Combined Utilities to be
evidenced by and in the form of a single promissory note (the. "NDEQ Note" and also sometimes
refer to herein as the "Series 2000B Bond "), with such loan to be governed as to terms and
conditions by an agreement with NDEQ entitled "Loan Agreement Between Nebraska. Department
3
of Environmental Quality and the City of Blair, Nebraska, Project No. D311007" (the "NDEQ
Contract");
(c) The City has issued and outstanding the following bonds which are a lien upon
and secured by a pledge of the revenue and earnings of the Water System (collectively, the
"Outstanding Bonds "):
(i) Water System Revenue Bonds, Series 1996, Date of
Original Issue -June 15, 1996, issued pursuant to Ordinance No.
1783 of the City (the "Series 1996 Ordinance "), in the original
principal amount of $3,050,000 (the "Series 1996 Bonds "), of
which bonds in the principal amount of $1,990,000 remain
outstanding and unpaid; and
(ii) Water System Revenue Refunding Bonds, Series
1999, Date of Original Issue January 15, 1999, issued to
Ordinance No. 1867. of the City (the "Series 1999 Ordinance "), in
the original principal amount. of $1,700,000 (the "Series 1999
Bonds "), of which bonds in the principal amount of $1,600,000
remain outstanding and unpaid.
The Outstanding Bonds . constitute the only presently outstanding indebtedness of the : City
payable from the revenues of the Water System;
(d) The Mayor and Council have previously approved and there has been executed
and delivered as of June 27, 2000 a contract by and between the City and Cargill, Inc. (the
"Cargill Contract ") relating to payment for water service based upon expanded service capacity
to be constructed by the City in the form of improvements to the City's water system (the "2000
Project "). In connection with the issuance of the Series 1996 Bonds and the Series 1999 Bonds,
the City has covenanted to take all actions necessary in order to preserve the tax - exempt status of
interest on the Series 1996 Bonds and the Series 1999 Bonds. Under the terms of Reg. Sec.
1.141 -12 (the "141 Regulation ") of the Regulations of the United States Treasury relating to
Section 141 of the Internal Revenue Code of 1986, as amended (the "Code ") in order to preserve
such status in view of the terms and conditions of the Cargill Contract, the City is required to
establish a defeasance escrow and provide for the redemption of the Series 1996 Bonds and the
Series 1999 Bonds at the earliest permissible redemption date. The Series 1996 Bonds and the
Series 1999 Bonds each are to be called for redemption of the earliest respective permitted
redemption dates and, the City proposes and covenants that, prior to any drawing of amounts
evidenced by the NDEQ Loan and to be advanced under the terms and conditions of the NDEQ.
Contract, it will satisfy the requirements for a defeasance escrow under the 141 Regulation by
the issuance of the City's Water System Revenue Refunding Bonds, Series 2000, in the principal
amount not to exceed $3,900,000 (the "Series 2000 Bonds "); that the Series 2000 Bonds will be
authorized pursuant to an ordinance of the City (the "2000 Ordinance ") which will be adopted
prior to the execution and delivery of the NDEQ Note and. the NDEQ Contract; that the 2000
4
Ordinance will permit .and recognize the issuance of the NDEQ Note as "Additional Bonds" of
equal lien with the Series 2000 Bonds under the terms of the 2000 Ordinance; that as of the time
of the first drawing of monies under the NDEQ Note and the NDEQ Contract the Outstanding
Bonds will no longer be outstanding under the terms of their authorizing ordinances.
(e). in connection with the. NDEQ Loan, as evidenced by the Series 2000B Bond, it is
necessary and advisable for the City to approve the execution of the NDEQ Contract and the NDEQ
Note in substantially the forms attached hereto;
(f) all conditions, acts and things required by law to exist or to be done precedent to the
issuance of the Series 2000B Bond as bond for which there shall be no outstanding bonds with prior
rights to payment on or before any drawing of funds and as an "Additional Bond" of equal standing
with the Series 2000 Bonds to be issued as provided for in the 2000 Ordinance and in this
Ordinance do exist and have been done or shall exist and shall be done (as provided herein) in
regular and due form and time as required by law.
Section 2. In addition to the definitions provided in parentheses elsewhere in this
Ordinance, the following definitions of terms shall apply, unless_ the context shall clearly indicate
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
2000 Bonds and the .Series 2000B Bond, including any such bonds issued
pursuant to Section 6 and refunding bonds issued pursuant to Section 7, as and
when such bonds become equal in lien to the Series 2000 Bonds and the Series
2000B Bond, according to their terms and the terms of said Sections 6 and 7.
"Average Annual Debt Service Requirements" shall mean that number
computed by adding all of the principal and interest due when computed to the
absolute maturity of the bonds for which such computation is required and
dividing by the number of years remaining that the longest bond of any issue for
which such computation is required has to run to maturity. In making such
computation, the principal of any bonds for which mandatory redemptions are
scheduled shall be treated as maturing in accordance with such schedule of
mandatory redemptions.
"Deposit Securities" shall mean direct obligations of or obligations the
principal of and interest on which are unconditionally guaranteed by the United
States of America.
"Maximum Annual Debt Service Requirements" shall mean the maximum
aggregate amount of payments of principal and interest due with respect to the
bonds for which such computation is required in any one fiscal year with respect
5
to the Water System and the revenues thereof. In making such computations the
principal of any bonds for which mandatory redemptions are scheduled shall be
treated as maturing in accordance with such schedule of mandatory redemptions.
"Net Revenues" shall mean the gross revenues derived by the City from
the ownership or operation of the Water System, including investment income,
but not including any income from sale or disposition of any property belonging
to or forming a part of the Water System; less the ordinary expenses to the City of
operating and maintaining the Water System payable from the Operation and
Maintenance Account described in Section 4 of this Ordinance. Operation and
maintenance expenses for purposes of determining `Net Revenues" shall not
include depreciation, amortization (of financing 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
independent certified public accountants. For purposes of this ordinance, whether
or not in accordance with applicable accounting principles, there shall not be
included in revenues or expenses gain or loss from the early extinguishment of
indebtedness, investment income from any securities deposited in escrow for the
defeasance of the Series 1996 Bonds, the Series 1999 Bonds or any other bonds
relating to the Water System or unrealized gain or loss on securities held by the
City's Water System.
Section 3. To provide for the payment of the costs of the Project, there shall be and there is
hereby ordered issued the Series 2000B Bond, in the form of and evidenced by a single promissory
note (sometimes referred to in this Ordinance, according to the context, as the "NDEQ Note" and
sometimes as the "Series 2000B Bond ") in the principal amount of Six Million Eight. Hundred
Fifteen Thousand Seven Hundred Dollars ($6,815,700), with such NDEQ Note to be substantially
in such form and to'have such payment terms as are set forth in Exhibit A to this Ordinance, which
exhibit is by such reference incorporated herein as if fully set forth. In connection with the issuance
of the NDEQ Note, the City shall also enter into the NDEQ Contract in substantially the form set
forth in Exhibit B to this Ordinance, which exhibit is by such reference incorporated herein as if
fully set forth. The terms and conditions of the 2000 NDEQ Note and the NDEQ Contract . are
hereby approved and the Mayor and the City Clerk are hereby authorized to execute, and deliver the
2000 NDEQ Note and the NDEQ Contract for and on behalf of the City in substantially the form
presented but with such changes from the forms presented and attached hereto as such officers shall
deem appropriate for and on behalf of the City.
6
Section 4. The revenues and earnings of the Water System are hereby pledged and
hypothecated for the payment of the Series 2000B Bond, the Series 2000 Bonds and any
Additional Bonds and interest on such Series 2000B Bond, Series 2000 Bonds and any such
Additional Bonds, and the City does hereby agree with the holders of said Series 2000B Bond,
Series 2000 Bonds and Additional Bonds as follows:
(a) BLAIR WATER SYSTEM FUND — From and after the satisfaction
of the Outstanding Bonds in accordance with the terms of the 2000 Ordinance,
the entire gross revenues and income derived from the operation of the Water
System, including pledges and appropriations from other sources, if any, shall
be set aside as collected and deposited in a separate fund designated as the
"Blair Water System Fund." For purposes of allocating the monies in the Blair
Water System Fund, the City shall maintain the following accounts: (1) Bond
Payment Account; (2) Operation and Maintenance Account; (3) Debt Service
Reserve Account (with sub - accounts therein); and (4) Retained Revenues
Account.
(b) BOND PAYMENT ACCOUNT - Out of the Blair Water System
Fund there shall be credited monthly on or before the first day of each month to
the Bond Payment Account, starting with the month of October, 2000, the
following amounts:
(1) during the period from October 1, 2000, until and including
that June 30 or December 31 (as the case may be with respect to the
earliest occurring of such dates) which immediately follows the
"Initiation of Operation" (as in the NDEQ Contract; in this
Ordinance hereafter referred to as the "Initiation of Operation ") of
the Project an amount such that if the same amount were credited on
the first day of each calendar month from such date of credit until the
next payment date upon which any amount falls due on the NDEQ
Note, whether . for principal or interest, the amount accumulated by
such monthly credits would equal the amount falling due on such
payment date on the NDEQ Note, provided, however, that such
credits shall be required only as and to the extent that such payments
are not provided from other sources including amounts advanced by
NDEQ pursuant to the NDEQ Contract and the NDEQ Note;
(2) during the period from and including that January 1 or July 1
(as the case may be with respect to the earliest occurring of such
dates) which immediately follows the Initiation of Operation until the
2000 NDEQ Note has been paid in full an amount equal to one -sixth
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of the installment amount (principal and interest) due on the next
installment payment date for the 2000 NDEQ Note;
(3) During such periods and in such amounts, all such
payments are as required under the terms of the. 2000 Ordinance
with respect to the principal and interest on the Series 2000 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 from the Debt Service Reserve
Account (as and to the extent that amounts are available in a sub - account therein
designated in the authorizing ordinance) and next from the Retained Revenues
Account, an amount sufficient to pay, when due, the principal of and interest on
the Series 2000B Bond, the Series 2000 Bonds or any Additional Bonds and to
transfer the app�k.Ya:ate amounts due to the direct payee for the Series 2000B
Bond and the respective paying agents or direct payees (as may be applicable)
for the Series 2000 Bonds and any issues of Additional Bonds, on or before each
principal and interest payment date. Upon the issuance of any Additional Bonds
pursuant to this Ordinance, a p. :ate additional credits to the Bond Payment
Account shall be provided for sufficient to pay principal and interest on said
Additional Bonds.
(c) OPERATION AND MAINTENANCE ACCOUNT - After any
credits required to be made by the foregoing subparagraph (b) have been made
in full, out of the Blair Water System Fund there shall be monthly credited into
the Operation and Maintenance Account such amounts as the City shall from
time to time determine to be necessary to pay the reasonable and necessary
expenses of operating and maintaining the Water System, and the City may
withdraw funds credited to the Operation and Maintenance Account as
necessary from time to time to pay such expenses. As an operational expense
the City shall pay any and all administrative fees required to be paid in
connection with the NDEQ Loan or due under the NDEQ Contract.
(d) DEBT SERVICE RESERVE ACCOUNT - Within the Debt
Service Reserve Account there shall be established separate sub- accounts for
each series of bonds payable on a parity with the Series 2000B Bond and the
Series 2000 Bonds from the revenues of the Water System, as shall be deemed .
appropriate by the Mayor and Council in connection with each such issue. hi
view of the provisions of the NDEQ Contract, it is hereby determined that no
sub- account shall be established for the Series 2000B Bond. For the Series 2000
Bonds there is to be established a separate sub - account in accordance with the
terms of the 2000 Ordinance into which there shall be deposited either from the
proceeds of the Series 2000 Bonds or from funds of the City on hand an amount
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equal to (or less than as specified in the 2000 Ordinance) the lesser of (i) 10% of
the stated principal amount of the Series 2000 Bonds, (ii) the Maximum Annual
Debt Service Requirements for. the Series 2000 Bonds or (iii). 1.25 times the
Average Annual Debt Service Requirements for the Series 2000 Bonds, which
shall be maintained as the required balance so long as any of the Series 2000
Bonds remain outstanding in accordance with the terms of the 2000 Ordinance'
In issuing any series of Additional Bonds a separate sub - account in the Debt
Service Reserve Account may be established for such series of Additional
Bonds but is not required under the terms of this Ordinance. The balance in any
such additional sub - account may be funded from monies on hand or from
periodic deposits from revenues in the Blair Water System Fund or from the
proceeds of . such Additional Bonds. Each sub - account in the Debt Service
Reserve Account shall be of equal standing with each other sub - account in the
Debt Service Reserve Account and available monies from the Blair Water
System Fund required to be credited to each such sub - account at any time shall
be allocated on a pro rata basis between sub - accounts then requiring credits in
accordance with the respective unpaid principal amounts then outstanding for
each such issue for which there is a sub - account requiring credits. Each sub-
account in the Debt Service Reserve Account shall constitute a separate fund
held in trust by the City Treasurer for the separate benefit of the issue of bonds
for which it is established. Anything in this Subsection 4(d) to the contrary
notwithstanding, the amount required to be maintained in the Debt Service
Reserve Account or any sub - account therein shall not at any time exceed the
maximum amount permitted to be invested without yield restriction under
Section 148 of the Code or any successor provision or related statutory
limitation and applicable regulations of the United States Treasury Department.
(e) RETAINED REVENUES ACCOUNT Monies in the Blair Water
System Fund remaining after the credits required in the foregoing Subsections
(b), (c) and (d) shall be credited to the Retained Revenues Account. Monies in
the Retained Revenues Account may be used to make up any deficiencies in any
of the preceding Accounts, to retire any of the Series 2000B Bond, the Series
2000 Bonds or any Additional Bonds prior to their maturity, to pay principal of
and interest on any junior lien water system revenue bonds or notes or to
provide for any other lawful purpose of the City as directed by the Mayor and
City Council.
The provisions of this Section 4 shall require the City to maintain a set of books and records in
accordance with such accounting methods and procedures as are generally applicable to
municipal utility enterprises, which books and records shall show credits to and expenditures
from the several Accounts and sub - accounts required by this Section. Except as specified below
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for the Debt Service Reserve Account, the City shall not be required to establish separate bank or
investment accounts for said Accounts. Monies credited to the Debt Service Reserve Account or
any sub - account therein shall, if maintained in a demand or time deposit account, be kept in a
separate account and not commingled with other City or Water System funds. If invested,
monies credited to the Debt Service Reserve Account or any sub - account therein may be .
commingled with other City funds, including Water System funds, so long as the City maintains
books and records clearly identifying the specific investments, or portions thereof, which belong
to the Debt Service Reserve Account and specific sub - accounts therein. 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 or any sub - account therein 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.D.I.C. insurance available
thereon, the excess shall be secured in the manner required by Section 16 -715 R.R.S. 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 or sub -
account shall be credited to such Account or sub - account until such Account or sub - account
contains any amount then required to be therein, and thereafter such income or profit shall be
transferred to the Blair Water System Fund and treated as other revenues from the operation of
the Water System.
Section 5. So long as any of the Series 2000 B Bond, the Series 2000 Bonds and any
Additional Bonds issued pursuant to this Ordinance shall remain outstanding and unpaid, the
City covenants and agrees to establish, revise, from time to time as necessary, and collect such
rates and charges for the water and water service furnished from the Water System adequate to
produce revenues and earnings sufficient at all times:
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11
(a) To provide funds to pay, when due, the principal of and interest on
the Series 2000B Bond, the Series 2000 Bonds and any Additional Bonds issued
pursuant to this Ordinance
(b) To pay all proper and necessary costs of operation and maintenance
of the Water System and to pay for the necessary and proper repairs,
replacements, enlargements, extensions and improvements to the Water System,
including payment as the same fall due of any administrative fees related to the
Series 2000B Bond as described in the NDEQ Contract.
(c) To provide funds sufficient to make the credits into the Accounts
and at the times and in the amounts required by Section 4 of this Ordinance.
(d) To maintain Net Revenues in each fiscal year adopted by the City
for the Water 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 . Series,
2000B Bond, the Series 2000 Bonds and any Additional Bonds issued pursuant
to this Ordinance.
Section 6. The Series 2000 Bonds (in a principal amount not to exceed $3,900,000)
are and shall be authorized on a parity with the Series 2000B Bond as described in this
Ordinance without further condition and whether or not issued before, contemporaneously with
or after the issuance of the Series 2000B Bond. To provide funds for any purpose related to the
Water System, the City may issue Additional Bonds (other than Additional Bonds issued for
refunding purposes which are governed by Section 7 of this Ordinance) payable from the
revenues of the Water System having equal priority and on a parity with the Series 2000B Bond,
the Series 2000 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 Series 2000B Bond, the Series 2000 Bonds and any
Additional Bonds then outstanding and the proposed Additional Bonds.
(b) The City shall have complied with one or rhe other of the two
following requirements:
1) The Net Revenues derived by the City from its Water
System for the fiscal year next preceding the issuance of the
Additional Bonds shall have been at least equal to 1.30 times
the Average Annual Debt Service Requirements of the
Series 2000B Bond, the Series 2000 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, or by a
certified public accountant or firm of certified public
accountants (either one of which shall be recognized as
having experience and expertise in municipal utility
systems) projecting that the Net Revenues of the Water
System in each of the three full fiscal years after the issuance
of such Additional Bonds will be at least equal to 1.35 times
the Average Annual Debt Service Requirements of the
Series 2000B Bond the Series 2000 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 beginning 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; (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 program of changes which has been adopted by the
Mayor and Council of the City, (iii) projected revisions in
costs for labor, . wages, salaries, machinery, equipment,
supplies and other operational items; (iv) changes in the
amount of service to be supplied and any related
administrative or other costs associated with such changes
due to increased supply from the acquisition of any new
facility, (v) anticipated receipts from service to any
additional customer or customers for the Water System; and
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(vi) such other factors affecting the projections 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 estimated by the
consulting engineer or certified public accountant 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 or certified public accountant in
any final projections furnished to the City.
If the City shall find it desirable it shall also have the right when issuing Additional Bonds to
combine with its Water System any other utilities of the City authorized to be combined under
Sections 19 -1305 through 19 -1308 or 18 -1803 through 18-1805 R.R.S. Neb. 1997, and to cause .
all of the revenues of such combined utilities systems to be paid into the Blair Water System
Fund, which fund may be appropriately redesignated, and to provide that all of the Series 2000B
Bond, the Series 2000 Bonds and any Additional Bonds previously issued, all as then
outstanding, and the proposed issue of Additional Bonds shall be payable from the revenues of
such combined utilities and shall stand on a parity and in equality as to security and payment,
provided, however, no utility shall be combined with the Water System as contemplated in this
paragraph unless the conditions of subsection 6(a) shall have been satisfied and the . Net
Revenues of the combined utilities systems shall satisfy one or the other of the requirements for
Additional Bonds provided in subsection 6(b) above. For purposes of meeting such requirements,
the definition of Net Revenues shall be altered to include the gross revenues of the additional
utility or utilities and to take into consideration ordinary expenses of operating and maintaining
the additional utility or utilities. In making any projections the consulting engineer or certified
public accountant shall take into consideration the factors described in 6(b)(2) above with respect
to such additional utility or utilities. Net Revenues of the additional utility or utilities shall be
based upon the report or reports of independent certified public accountants in the same manner
as is required under subsection 6(b) above.
Section 7. The City may issue refunding bonds, which shall qualify as Additional
Bonds under this Section 7, to refund any of the Series 2000E Bond, the Series 2000 Bonds or
Additional Bonds without compliance with the provisions of subsection 6(b) above, provided
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that, if any such Series 2000B Bond, Series 2000 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 refimd.any of the Series 2000B Bond,
the Series 2000 Bonds or Additional Bonds then outstanding, provided, that if any such Series
2000B Bond, Series 2000 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
6(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 of the Series 2000B Bond,
Series 2000 Bonds and any Additional. Bonds outstanding at the time of issuance of such
refunding bonds until the time of application of their proceeds to the satisfaction of the bonds
which are to be refunded. In computing Average Annual Debt Service Requirements to show
compliance with said Net Revenues test for such refunding bonds, all payments of principal and
interest due on such refunding bonds from the time of their issuance to the time of application of
the proceeds of such refunding bonds to the satisfaction of the bonds which are to be refunded
shall be excluded from such computation to the extent that such principal and interest are
payable from sources other than the revenues of the Water System, such as bond proceeds or
investment earnings on bond proceeds, or from monies in the Retained Revenues 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. For purposes of this paragraph of this
Section 7, the time of application of the l proceeds of the refunding bonds to the satisfaction of the
bonds which are to be refunded shall be the time of deposit with the paying agent for such bonds
which are to be refunded pursuant to Section 10 -126 R.R.S. Neb. 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.
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Section 8. The City hereby covenants and agrees that so long as any of the Series
2000B Bond, the Series 2000 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 2000B Bond, the Series 2000 Bonds and any such
Additional Bonds with the principal and interest of such bonds or notes to be payable from
monies credited to the Retained Revenues Account as provided in Subsection 4(e). 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 2000B Bond and the Series 2000
Bonds, both as outstanding from time to time, and are issued in accordance with the terms of said
Sections 6. and 7.
Section 9. So long as any of the Series 2000B Bond, the Series 2000 Bonds or any
Additional Bonds are outstanding, the City hereby covenants and agrees as follows:
(a) . The City will maintain the Water System in good condition and
will continuously operate the same in a reasonable and efficient manner, and the
City will punctually perform all the duties with reference to said system
required by the Constitution and statutes of the State of Nebraska, but this
covenant shall not prevent the City from discontinuing the use and operation of
all or any portion of the Water System so long as the revenues derived from the
City's ownership of the properties constituting the Water System shall be
sufficient to fulfill this City's obligations under Section 5 of this Ordinance.
(b) The City will not grant any franchise or right to any person, firm or
corporation to own or operate a water system in competition with that owned by
the City.
(c) The City will maintain insurance on the property constituting the
Water System (other than such portions of the system as are not normally
insured against loss by casualty) in the amounts and . against the risks
customarily carried by similar utilities, but including fire and extended coverage
insurance in an amount which would enable the City to repair, restore or replace
the property damaged to the extent necessary to make the Water System
operable in an efficient and proper manner to carry out the City's obligations
under this Ordinance. The Mayor and Council shall annually, within one month
after the end of each fiscal year adopted by the City for the Water System
examine the amount of insurance carried with respect to the Water System and
shall evidence approval of such insurance by resolution. The proceeds of any
15
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 Retained Revenues
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
antrnally by a certified public accountant or firm of certified public accountants.
The City will furnish to the original purchaser of the Series 2000B Bond and the
Series 2000 Bonds and to the original purchaser or purchasers of each series of
Additional Bonds issued hereunder,- within four months after the end of each
fiscal year of' the Water System, a copy of the financial statements of the Water
System and the report thereon of the certified public accountants.
(e) The City shall cause each person handling any of the monies in the
Blair Water System Fund to be bonded by an insurance company licensed to do
business in Nebraska in an amount or amounts 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 expense from the Operation and Maintenance
Account.
(f) So long as the City is current with all payments or credits required
to be made under Section 4 hereof and is also in compliance with the covenants
of Section 5 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 4 and 5 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.
(g) The City agrees that so long as the Series 2000B Bond and/or the
Series 2000 Bonds are outstanding and unpaid it will keep in force and effect
the Cargill Contract, during the stated term thereof, and will not amend the
16
provisions thereof in any manner which reduces amounts payable thereunder to
any level which would cause the .City to be in violation of the provisions of
Section 5 of this Ordinance.
Section 9. The City's obligations under this Ordinance and the liens, pledges, covenants
and agreements of the City herein made or provided for, shall be fully discharged and satisfied" as
to the Series 2000B Bond or any Additional Bonds issued pursuant to this ordinance and any
such bonds shall no longer be deemed outstanding hereunder if such bonds shall be 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 and/or . (2) Deposit Securities in such amount and
bearing interest at such rates and payable at such,time or limes and maturing or redeemable at
stated fixed prices at the option of the holder as to principal at such time or times as will ensure
the availability of sufficient money to make such payment, provided, however, that with respect
to any bond to be paid prior to maturity, the City shall have duly given notice of redemption of
such bond as required by this Ordinance or given irrevocable instructions for the giving of such
notice. Any such money so deposited with such Paying Agent and Registrar or bank or trust
company in excess of the amount required to pay principal of and interest on the bonds for which
such monies were deposited, shall be paid over to the City as and when collected. For purposes
of this Section 9, any Deposit Securities shall be non - callable or callable only at the option of the
holder. With respect to any deposit made for purposes of satisfying the Series 2000B Bond under
this Section 9, there shall be furnished to NDEQ and the Nebraska Investment Finance Authority
( "NIFA ") an opinion of nationally recognized bond counsel that such deposit for payment of the
Series 2000B Bond will not adversely affect the exclusion for interest from gross income for federal
tax purposes on any bonds issued by NIFA to provide fiords for deposit into the Nebraska Drinking
Water Facilities Loan Fund and the furnishing of such opinion shall be a condition required to be
satisfied prior to the making of any such deposit in trust for payment and satisfaction with respect to
the Series 2000B Bond unless the Series 2000B Bond is to be prepaid and redeemed within 60 days
from the time of such deposit.
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Section 10. The terms and provisions of this Ordinance do and shall constitute a
contract . between the City of Blair and the holder of the Series 2000B Bond and no changes,
variations or alterations of any kind, except for changes necessary to cure any ambiguity, formal
defect or omission, shall be made to this Ordinance without the written consent of the holder of
the Series 2000B Bond. The holder of the Series 2000B Bond may, either in law or in equity, by
suit, action, mandamus or other proceeding, enforce or compel performance of any and all of the
acts and duties required by this Ordinance, and any court of competent jurisdiction may, 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,
the provisions of the 2000 Ordinance and any ordinance authorizing Additional Bonds.
Section 11. The Mayor and City Clerk of the City are hereby authorized. to do all
things and execute all such documents as may by them be deemed necessary and proper to
complete the issuance and sale of the Series 2000B Bond as contemplated by this Ordinance
The Series 2000B Bond (as evidenced by the NDEQ Note) and the NDEQ Contract shall not be
delivered until the 2000 Ordinance has been passed and approved by the Mayor and Council and
a bond purchase agreement has been executed and delivered with respect to the Series 2000
Bonds. No drawings of funds shall be made under the Series 2000B Bond until the Series 1996
Bonds and the Series 1999 Bonds have been satisfied under the terms of the Series 1996
Ordinance and the Series 1999 Ordinance, respectively.
Section 12. If any section, paragraph, clause or provision of this Ordinance shall be held
invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the
other provisions of this Ordinance
Section 13. The Mayor and Council hereby expressly declare the intent and understanding
that interest on the Series 2000B Bond shall not be excludable from gross income under the terms of
Section 103 of the Internal Revenue Code of 1986, as amended, and the City as issuer shall not file
any information report with respect to the issuance of the Series 2000B Bond pursuant to Section
149(e) of said Code.
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Section 14. All ordinances, resolutions or orders or parts thereof in conflict with the -
provisions of this Ordinance are to the extent of such conflict hereby repealed: •
Section This.Ordinance shall be published in pamphlet form and take effect as
provided by law.
- PASSED AND APPROVED this9. lz,day of August,2000.
ATTEST:
City Cierk BREN1 R. TAYLOR
(SEAL)
19
ORDINANCE NO. 1908
AN ORDINANCE RATIFYING AND CONFIRMING THE PASSAGE AND
APPROVAL OF ORDINANCE NO. 1907 PASSED AND APPROVED BY THE
MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA, MAKING
CERTAIN DETERMINATIONS AND ORDERING THE PUBLICATION OF
THIS ORDINANCE.
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, Nebraska, hereby find and
determine that it is necessary and advisable to ratify and confirm the passage and approval of
Ordinance No. 1907, entitled:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A WATER SYSTEM
REVENUE BOND, SERIES 2000B, OF THE CITY OF BLAIR, NEBRASKA, IN
THE PRINCIPAL RIN AL AMOUNT OF IX
S MILLION EIGHT HUNDRED FIFTEEN
THOUSAND SEVEN HUNDRED DOLLARS ($6,815,700), IN THE FORM OF A
PROMISSORY NOTE ISSUED TO EVIDENCE INDEBTEDNESS TO THE
NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
• APPROVING THE FORM OF SAID BOND (ISSUED . AS A SINGLE
PROMISSORY NOTE) AND RELATED LOAN AGREEMENT; PLEDGING
AND HYPOTHECATING THE REVENUES AND EARNINGS OF THE
WATERWORKS PLANT, AND WATER SYSTEM OWNED OR TO BE
OWNED BY THE CITY FOR THE PAYMENT OF SAID BOND; PROVIDING
FOR THE ISSUANCE AND SALE OF SAID BOND; AUTHORIZING THE
DELIVERY OF SAID BOND TO THE NEBRASKA DEPARTMENT OF
ENVIRONMENTAL QUALITY; PROVIDING FOR THE COLLECTION,
SEGREGATION AND APPLICATION OF THE REVENUES OF SAID
WATERWORKS PLANT AND SYSTEM; DETERMINING THAT INTEREST
ON SAID BOND SHALL NOT BE EXCLUDABLE FROM GROSS INCOME
FOR PURPOSES OF FEDERAL INCOME TAXATION; PROVIDING FOR THE
DISPOSITION OF THE PROCEEDS OF SAID BOND AND ORDERING THE
ORDINANCE PUBLISHED IN PAMPHLET FORM.
Section 2. The Mayor and Council of the City of Blair, Nebraska, hereby ratify and confirm
the passage and approval of Ordinance No. 1907 by the Mayor and Council of the City of Blair,
Nebraska, at the meeting of August 8, 2000, as adjourned and continued for lack of quorum to
August 9, 2000.
Section 3. The Mayor and Council find and determine that this ordinance constitutes a
measure necessary to carry out the contractual obligations of the City of Blair, Nebraska, relating to
construction and other contracts entered into by the City for improvements to the City's water
system.
Section 4. This Ordinance shall be published in its entirety and shall become effective
immediately upon its passage, approval and publication, as provided by law.
ATTEST:
PASSED AND APPROVED this 22nd day of August, 2000.
Ci[v Clerk
10
ORDINANCE NO 1909
AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER SYSTEM
REVENUE REFUNDING BONDS, SERIES 2000, OF THE CITY OF BLAIR,
NEBRASKA, IN THE AGGREGATE PRINCIPAL AMOUNT OF THREE
MILLION THREE HUNDRED NINETY -FIVE THOUSAND DOLLARS
($3,395,000) FOR THE PURPOSE OF PROVIDING FOR THE PAYMENT
AND REDEMPTION OF THE CITY'S OUTSTANDING WATER SYSTEM
REVENUE BONDS, SERIES 1996, AND THE CITY'S OUTSTANDING
WATER SYSTEM REVENUE REFUNDING BONDS, SERIES 1999;
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 SAID WATERWORKS PLANT
AND WATER SYSTEM; ENTERING INTO A CONTRACT ON BEHALF OF
THE CITY WITH THE HOLDERS OF SAID BONDS; ESTABLISHING A
DEFEASANCE ESCROW; AND PROVIDING FOR PUBLICATION OF THIS
ORDINANCE IN PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
Section 1. The Mayor and Council of the City of Blair hereby find and determine:
(a) The City owns and operates a waterworks plant and system (which
plant and system, together with any additions, extensions and improvements
thereto hereafter made 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 bonds which are
a lien upon and secured by a pledge of the revenue and earnings of the Water
System (collectively, the "Outstanding Bonds "):
(i) Water System Revenue Bonds, Series 1996, Date of
Original Issue —June 15, 1996, issued pursuant to Ordinance No.
1783 of the City the "Series 1996 Ordinance "), in the original
principal amount of $3,050,000 (the "Series 1996 Bonds "), of
which bonds in the principal amount of $1,990,000 remain
outstanding and unpaid; and
(ii) Water System Revenue Refunding Bonds, Series
1999, Date of Original Issue —January 15, 1999, issued pursuant to
Ordinance No. 1867 of the City (the "Series 1999 Ordinance "), in
the original principal amount of $1,700,000 (the "Series 1999
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Bonds "), of which bonds in the principal amount of $1,600,000
remain outstanding and unpaid.
The Outstanding Bonds constitute the only presently outstanding indebtedness of
the City payable from the revenues of the Water System;
(c) The Mayor and Council have previously approved and there has
been executed and delivered as of June 27, 2000 a contract by and between the
City and Cargill, Inc. (the "Cargill Contract ") relating to payment for water
service based upon expanded service capacity to be constructed by the City in the
form of improvements to the City's water system (the "2000 Project "). In
connection with the issuance of the Series 1996 Bonds and the Series 1999
Bonds, the City has covenanted to take all actions necessary in order to preserve
the tax- exempt status of interest on the Series 1996 Bonds and the Series 1999
Bonds. Under the terms of Reg. Sec. 1.141 -12 (the "141 Regulation ") of the
Regulations of the United States Treasury relating under Section 141 of the
Internal Revenue Code of 1986, as amended (the "Code ") in order to preserve
such status in view of the terms and conditions of the Cargill Contract, the City is
required to establish a defeasance escrow and provide for the redemption of the
Series 1996 Bonds and the Series 1999 Bonds at the earliest permissible
redemption date. The Series 1996 Bonds and the Series 1999 Bonds have each
been called for redemption of the earliest respective permitted redemption dates
and, in order to satisfy the requirements for a defeasance escrow under the 141
Regulation, it is necessary to issue water system revenue refunding bonds which
qualify as "exempt facilities bonds" under Section 142 of the Code.
(d) the Mayor and Council have previously passed and approved
Ordinance No. 1907 (the "DWSRF Ordinance ") authorizing the issuance of
$6,815,700 in principal amount of its Water System Revenue Bonds, Series
2000B, to be evidenced by a single instrument which is expected to be issued on
or before the issuance and delivery of the bonds herein authorized to evidence a
loan from the Nebraska Department of Environmental Quality (said bonds being
herein referred to as the "DWSRF Loan"); the terms and conditions of the
DWSRF Ordinance and the DWSRF Loan permit the issuance of the bonds
herein authorized as "Additional Bonds" of equal lien and standing with the
DWSRF Loan under the terms of the DWSRF Ordinance as to pledge of the
revenues of the Water System and upon the issuance of the bonds herein
authorized both the Series 1996 Bonds and the Series 1999 Bonds will under the
terms of their authorizing ordinances no longer be outstanding as to the pledge of
such revenues.
(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 2000, in the total principal amount of $3,395,000 (the "Series 2000
Bonds ") pursuant to Sections 18 -1803 to 18 -1805 R.R.S. Neb. 1997. All
conditions, acts and things required by law to exist or to be done precedent to the
issuance of the Series 2000 Bonds as provided for in this ordinance (the
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"Ordinance ") do exist and have been done and performed in regular and due time
and form as required by law. Said Series 2000 Bonds will be payable from the
revenues of the Water System on a parity with the DWSRF Loan.
Section 2. In addition to the definitions provided in parentheses elsewhere in this
Ordinance, the following definitions of terms shall apply, unless the context shall clearly indicate
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
2000 Bonds, including any such bonds issued pursuant to Section 13 and
refunding bonds issued pursuant to Section 14, as and when such bonds become
equal in lien to the Series 2000 Bonds, according to their terms and the terms of
said Sections 13 and 14.
"Average Annual Debt Service Requirements" shall mean that number
computed by adding all of the principal and interest due when computed to the
absolute maturity of the bonds for which such computation is required and
dividing by the number of years remaining that the longest bond of any issue for
which such computation is required has to run to maturity. In making such
computation, the principal of any bonds for which mandatory redemptions are
scheduled shall be treated as maturing in accordance with such schedule of
mandatory redemptions.
"Deposit Securities" shall mean direct obligations of or obligations the
principal of and interest on which are unconditionally guaranteed by the United
States of America.
"Maximum Annual Debt Service Requirements" shall mean the maximum
aggregate amount of payments of principal and interest due with respect to the
bonds for which such computation is required in any one fiscal year with respect
to the Water System. In making such computations the principal of any bonds for
which mandatory redemptions are scheduled shall be treated as maturing in
accordance with such schedule of mandatory redemptions.
"Net Revenues" shall mean the gross revenues derived by the City from
the ownership or operation of the Water System, including investment income,
but not including any income from sale or disposition of any property belonging
to or forming a part of the Water System, less the ordinary expenses to the City of
operating and maintaining the Water System payable from the Operation and
Maintenance Account described in Section 11 of this Ordinance. Operation and
maintenance expenses for purposes of determining "Net Revenues" shall not
include depreciation, amortization (of financing 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
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independent certified public accountants. For purposes of this ordinance, whether
or not in accordance with applicable accounting principles, there shall not be
included in revenues or expenses, for purposes of determining Net Revenues,
gain or loss from the early extinguishment of indebtedness, investment income
from any securities deposited in escrow for the defeasance of the Series 1996
Bonds and the Series 1999 Bonds or unrealized gain or loss on securities held by
the City's Water System.
"Paying Agent and Registrar" shall mean the City Treasurer of the City of
Blair, Nebraska, as appointed to act as the combined paying agent and bond
registrar for the Series 2000 Bonds pursuant to Section 4 hereof.
Section 3. For the purposes described in Section 1 hereof, there shall be and there are
hereby ordered issued the negotiable bonds of the City of Blair, Nebraska, to be known as
"Water System Revenue Refunding Bonds, Series 2000" (the "Series 2000 Bonds "), in the
principal amount of Three Million Three Hundred Ninety -five Thousand Dollars ($3,395,000),
with such Series 2000 Bonds bearing interest at the rates per annum and maturing on June 15 of
the years shown in the principal amounts as follows:
Date of Maturity
Principal Amount Interest Rate
June 15, 2001 $170,000 4.70%
June 15, 2002 $400,000 4.75%
June 15, 2003 $410,000 4.80%
June 15, 2004 $430,000 4.85%
June 15, 2005 $450,000 4.90%
June 15, 2006 $470,000 4.95%
June 15, 2007 $120,000 5.00%
June 15, 2008 $125,000 5.05%
June 15, 2009 $130,000 5.10%
June 15, 2010 $135,000 5.15%
June 15, 2011 $140,000 5.25%
June 15, 2012 $155,000 5.35%
June 15, 2013 $160,000 5.45%
June 15, 2014 $100,000 5.55%
The Series 2000 Bonds shall be issued in fully registered form in the denomination of $5,000 or
any integral multiple thereof. The date of original issue for the Series 2000 Bonds shall be the
date of delivery thereof. Interest on the Series 2000 Bonds, at the respective rates for each
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maturity, shall be payable semiannually on June 15 and December 15 of each year, commencing
June 15, 2001 (each of said dates an "Interest Payment Date ") and the Series 2000 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 business on the last business day of the month immediately
preceding the month in which each Interest Payment Date occurs (the "Record Date "), subject to
the provisions of Section 5 hereof. The Series 2000 Bonds shall be numbered from 1 upwards in
the order of their issuance. No Series 2000 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 Series 2000 Bonds issued shall be designated by the City's
Treasurer as directed by the initial purchaser thereof. Payments of interest due prior to maturity
or earlier redemption on the Series 2000 Bonds 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 Series 2000 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 and unpaid 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 2000 Bonds to said Paying Agent and Registrar. The
City and said Paying Agent and Registrar may treat the registered owner of any Series 2000
Bond as the absolute owner of such bond for the purpose of making payments thereon and for all
other purposes and neither the City nor the Paying Agent and Registrar shall be affected by any
17
notice or knowledge to the contrary, whether such bond or any installment of interest due thereon
shall be overdue or not. All payments on account of interest or principal made to the registered
owner of any Series 2000 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 2000 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 2000 Bonds. The Paying Agent and Registrar shall keep and maintain for the City
books for the registration and transfer of the Series 2000 Bonds at the City's Offices, in Blair,
Nebraska. The names and registered addresses of the registered owner or owners of the Series
2000 Bonds shall at all times be recorded in such books. Any Series 2000 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, duly executed by the registered owner in person
or by such owner's duly authorized agent, and thereupon the Paying Agent and Registrar on
behalf of the City will deliver at its office (or send by registered mail to the transferee owner or
owners thereof at such transferee owners s or owners' risk and expense), registered in the name
of such transferee owner or owners, a new Series 2000 Bond or Series 2000 Bonds of the same
interest rate, aggregate principal amount and maturity. To the extent of the denominations
authorized for the Series 2000 Bonds by this Ordinance, one such bond may be transferred for
several such bonds of the same interest rate and maturity, and for a like aggregate principal
amount, and several such bonds may be transferred for one or several such bonds, respectively,
of the same interest rate and maturity and for a like aggregate principal amount. In every case of
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transfer of a Series 2000 Bond, the surrendered Series 2000 Bond or Bonds shall be canceled and
destroyed. All Series 2000 Bonds issued upon transfer of the Series 2000 Bonds so surrendered
shall be valid obligations of the City evidencing the same obligations as the Series 2000 Bonds
surrendered and shall be entitled to all the benefits and protection of this Ordinance to the same
extent as the Series 2000 Bonds upon transfer of which they were delivered. The City and said
Paying Agent and Registrar shall not be required to transfer any Series 2000 Bond during any
period from any Record Date until its immediately following Interest Payment Date or to transfer
any Series 2000 Bond called for redemption for a period of 30 days next preceding the date fixed
for redemption.
Section 5. In the event that payments of interest due on the Series 2000 Bonds on an
Interest Payment Date are not timely made, such interest shall cease to be payable to the
registered owners as of the Record Date for such Interest Payment Date and shall be payable to
the registered owners of the Series 2000 Bonds as of a special date of record for payment of such
defaulted interest as shall be designated by the Paying Agent and Registrar whenever monies for
the purpose of paying such defaulted interest become available.
Section 6. If the date for payment of the principal of or interest on the Series 2000
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 7. Series 2000 Bonds maturing on or after June 15, 2006, shall be subject to
redemption, in whole or in part, prior to maturity at any time on or after the fifth anniversary of
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the date of original issue, at par plus accrued interest on the principal amount redeemed to the
date fixed for redemption. The City may select the Series 2000 Bonds to be redeemed in its sole
discretion, but the Series 2000 Bonds shall be redeemed only in amounts of $5,000 or integral
multiples thereof. Any Series 2000 Bond redeemed in part only shall be surrendered to said
Paying Agent and Registrar in exchange for a new Series 2000 Bond evidencing the unredeemed
principal thereof. Notice of redemption of any Series 2000 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 2000 Bond at said owner's registered address. Such notice shall designate
the Series 2000 Bond or Bonds to be redeemed by maturity or otherwise, the date of original
issue and the date fixed for redemption and shall state that such bond or bonds are to be
presented for prepayment at the office of said Paying Agent and Registrar. In case of any Series
2000 Bond partially redeemed, such notice shall specify the portion of the principal amount of
such bond to be redeemed. No defect in the mailing of notice for any Series 2000 Bond shall
affect the sufficiency of the proceedings of the City designating the Series 2000 Bonds called for
redemption or the effectiveness of such call for Series 2000 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 8. The Series 2000 Bonds shall be in substantially the following form:
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UNITED STATES OF AMERICA
STATE OF NEBRASKA
COUNTY OF WASHINGTON
CITY OF BLAIR
WATER SYSTEM REVENUE REFUNDING BOND SERIES 2000
No. $
Interest Rate Maturity Date Date of Original Issue CUSIP No.
June 15, 20 September _, 2000
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 (said interest to
be computed on the basis of a 360 -day year consisting of twelve 30 -day months), payable
semiannually on June 15 and December 15 of each year commencing June 15, 2001 (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 surrender of this bond
at the office of City Treasurer of the City of Blair, Nebraska, 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 last business day of the month immediately
preceding the month in which the Interest Payment Date occurs, to such owner's address as
shown on such books and records. Any interest not so timely paid shall cease to be 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
Three Million Three Hundred Ninety -five Thousand Dollars ($3,395,000), of even date and like
tenor except as to date of maturity, rate of interest and denomination which were issued by the
City for providing for the payment and redemption of the City's outstanding Water System
Revenue Bonds, Series 1996, Date of Original Issue June 15, 1996, and the City's outstanding
Water System Revenue Refunding Bonds, Series 1999, Date of Original Issue — January 15,
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1999, in pursuance of Sections 18 -1803 to 18 -1805, R.R.S. Neb. 1997, and has been duly
authorized by ordinance (the "Ordinance ") legally passed, approved and published and by
proceedings duly had by the Mayor and Council of said City.
Any or all of the bonds of said issue maturing on or after June 15, 2006, are subject to
redemption at the option of the City, in whole or in part, at any time on or after the fifth
anniversary of the date of original issue shown above, at par plus interest accrued on the
principal amount redeemed to the date fixed for redemption. Notice of redemption shall be given
by mail to the registered owner of any bond to be redeemed at said registered owner's address in
the manner specified in the ordinance authorizing said issue of bonds. Individual bonds may be
redeemed in part but only in $5,000 amounts or integral multiples thereof.
This bond is 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 of bonds, subject to the limitations therein prescribed. The City, the
Paying Agent and Registrar and any other person may treat the person in whose name this bond
is registered as the absolute owner hereof for the purpose of receiving payment due hereunder
and for all purposes and shall not be affected by any notice to the contrary, whether this bond be
overdue or not.
If the date for payment of the principal of or interest on this bond shall be a Saturday,
Sunday, legal holiday or a day on which banking institutions in the City of Blair, Nebraska, are
authorized by law or executive order to close, then the date for such payment shall be the next
succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking
institutions are authorized to close, and payment on such day shall have the same force and effect
as if made on the nominal date of payment.
The revenue and earnings of the waterworks plant 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 the City's
Combined Utilities Revenue Bonds, Series 2000B, with principal to be drawn up to a maximum
amount of $6,815,700 issued to evidence a loan from the Nebraska Department of
Environmental Quality (said bonds being referred to herein as the "DWSRF Loan") and any
additional bonds of equal priority to the bonds of this issue and the DWSRF Loan 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 therefrom, which revenues are by the terms of said
Ordinance to be deposited into the `Blair Water System Fund" and disbursed to make payments
of principal and interest on the bonds of this issue and the DWSRF Loan, to pay costs of
operation and maintenance, and make other payments as specified in said Ordinance. Said
Ordinance recognizes and permits the issuance of the DWSRF Loan, before, after or
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contemporaneously with the bonds of this issue. Said Ordinance also designates the terms and
conditions on which additional bonds of equal lien to the bonds of this issue and the DWSRF
Loan may be issued. The City also reserves the right to issue bonds junior in lien to the bonds of
this issue, the principal and interest of which are payable from moneys in the "Retained
Revenues Account ". of the Blair Water System Fund as described in the Ordinance. Said
Ordinance also designates the terms and conditions on which this bond shall cease to be entitled
to any lien, benefit or security under such Ordinance and all covenants, agreements and
obligations of the City under such Ordinance may be discharged and satisfied at or prior to the
maturity or redemption of this bond if monies or certain specified securities shall have been
deposited with a designated fiduciary.
AS PROVIDED IN THE ORDINANCE REFERRED TO HEREIN, UNTIL THE
TERMINATION OF THE SYSTEM OF BOOK - ENTRY -ONLY TRANSFERS THROUGH
THE DEPOSITORY TRUST COMPANY, NEW YORK, NEW YORK, (TOGETHER WITH
ANY SUCCESSOR SECURITIES DEPOSITORY APPOINTED PURSUANT TO THE
ORDINANCE, "DTC "), AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THE
ORDINANCE TO THE CONTRARY, A PORTION OF THE PRINCIPAL AMOUNT OF
THIS BOND MAY BE PAID OR REDEEMED WITHOUT SURRENDER HEREOF TO THE
PAYING AGENT AND REGISTRAR. DTC OR A NOMINEE, TRANSFEREE OR
ASSIGNEE OF DTC OF THIS BOND MAY NOT RELY UPON THE PRINCIPAL AMOUNT
INDICATED HEREON AS THE PRINCIPAL AMOUNT HEREOF OUTSTANDING AND
UNPAID. THE PRINCIPAL AMOUNT HEREOF OUTSTANDING AND UNPAID SHALL
FOR ALL PURPOSES BE THE AMOUNT DETERMINED IN THE MANNER PROVIDED
IN THE ORDINANCE.
UNLESS THIS BOND IS PRESENTED BY AN AUTHORIZED OFFICER OF DTC
(A) TO THE PAYING AGENT AND REGISTRAR FOR REGISTRATION OF TRANSFER
OR EXCHANGE OR (B) TO THE PAYING AGENT AND REGISTRAR FOR PAYMENT OF
PRINCIPAL, AND ANY BOND ISSUED IN REPLACEMENT HEREOF OR
SUBSTITUTION HEREOF IS REGISTERED IN THE NAME OF DTC AND ANY
PAYMENT IS MADE TO DTC OR ITS NOMINEE, ANY TRANSFER, PLEDGE OR OTHER
USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSONS IS WRONGFUL
BECAUSE ONLY THE REGISTERED OWNER HEREOF, DTC OR ITS NOMINEE, HAS
AN INTEREST HEREIN.
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 were done and performed in regular and due form and time as required by law.
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IN WITNESS WHEREOF, the Mayor and Council of the City of Blair, Nebraska, have
caused this bond to be executed on behalf of the City with the facsimile signatures of the Mayor
and the City Clerk and by causing the official seal of the City to be imprinted hereon, all as of
the date of original issue specified above.
ATTEST:
(facsimile simaturel
City Clerk
(SEAL)
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.
24
CITY OF BLAIR, NEBRASKA
(facsimile signature)
Mayor
City Treasurer, Paying Agent
and Registrar for the City of Blair, Nebraska
Date:
For value received hereby
sells, assigns, and transfers unto the
within bond and hereby irrevocably constitutes and appoints
Attorney, to transfer the same on the books of registration in the office of the within mentioned
Paying Agent and Registrar with full power of substitution in the premises.
Registered Owner
Signature Guaranteed
By:
Authorized Officer
(FORM OF ASSIGNMENT)
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Note: The signature(s) on this assignment MUST CORRESPOND with the name(s) as
written on the face of the within bond in every particular, without alteration, enlargement or any
change whatsoever, and must be guaranteed by a commercial bank or a trust company or by a
firm having membership on the New York, Midwest or other stock exchange.
Section 9. Each of the Series 2000 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 2000 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
required by the Depository (which may be in the form of one or more instruments or may be a
blanket letter previously or contemporaneously executed), for and on behalf of the City, which
shall thereafter govern matters with respect to registration, transfer, payment and redemption of
the Series 2000 Bonds. In the event of issuance of the Series 2000 Bonds as "book- entry- only"
bonds, the following provisions shall apply:
(a) The City and the Paying Agent and Registrar shall have 110
responsibility or obligation to any broker - dealer, bank or other financial
institution for which the Depository holds Series 2000 Bonds as securities
depository (each, a `Bond Participant ") or to any person who is an actual
purchaser of a Series 2000 Bond from a Bond Participant while the Series 2000
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 2000 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 2000 Bonds, including
any notice of redemption, or
(iii) 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 2000 Bonds. The Paying Agent
and Registrar shall make payments with respect to the Series
2000 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
26
2000 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.
(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 2000 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 Series 2000 Bonds
or (ii) to make available Series 2000 Bonds registered in whatever name or
names as the Beneficial Owners transferring or exchanging such Series 2000
Bonds shall designate.
(c) If the City determines that it is desirable that certificates
representing the Series 2000 Bonds be delivered to the ultimate beneficial
owners of the Series 2000 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 2000 Bonds.
In such event, the Paying Agent and Registrar shall issue, transfer and exchange
bond certificates representing the Series 2000 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 2000 Bond is registered in the name of the
Depository or any nominee thereof, all payments with respect to such Series
2000 Bond and all notices with respect to such Series 2000 Bond shall be made
and given, respectively, to the Depository as provided in the Letter of
Representations.
(e) Registered ownership of the Series 2000 Bonds may be transferred
on the books of registration maintained by the Paying Agent and Registrar, and
the Series 2000 Bonds may be delivered in 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.
(f) In the event of any partial redemption of a Series 2000 Bond unless
and until such partially redeemed bond has been replaced in accordance with the
provisions of this Ordinance, the books and records of the Paying Agent and
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Registrar shall govern and establish the principal amount of such bond as is then
outstanding and all of the Series 2000 Bonds issued to the Depository or its
nominee shall contain a legend to such effect.
If for any reason the Depository resigns and is not replaced, the City shall immediately provide a
supply of printed bond certificates, duly executed by manual or facsimile signatures of the
Mayor and City Clerk and sealed with the City's seal, for issuance upon the transfers from the
Depository and subsequent transfers or in the event of partial redemption. In the event that such
supply of certificates shall be insufficient to meet the 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 duly qualified and acting Mayor and City Clerk and by
imprinting thereon or affixing thereto the City's seal. In case any officer whose signature or
facsimile thereof shall appear on any Series 2000 Bond shall cease to be such officer before the
delivery of such bond (including such certificates delivered to the Paying Agent and Registrar for
issuance upon transfer or partial redemption), such signature or such facsimile signature shall
nevertheless be valid and sufficient for all purposes the same as if such officer or officers had
remained in office until the delivery of such bond. The Series 2000 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 2000 Bonds to be registered in the office of the Auditor of Public Accounts
of the State of Nebraska and in the office of the City Treasurer as finance officer of the City.
Thereafter the Series 2000 Bonds shall be delivered to the Paying Agent and Registrar for
registration and authentication. Upon execution, registration, and authentication of the Series
2000 Bonds, they shall be delivered to the City Treasurer, who is authorized to deliver them to
Ameritas Investment Corp., as initial purchaser thereof. The Series 2000 Bonds are hereby sold
to said purchaser for the sum of $3,338,982.50 plus accrued interest, if any, thereon to date of
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payment and delivery. Said initial purchaser shall have the right to direct the registration of the
Series 2000 Bonds and the denominations thereof within each maturity, subject to the restrictions
of this Ordinance. The officers of the City (or any one of them) are hereby authorized to execute
and deliver the Bond 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
2000 Bonds which shall be delivered to said purchaser.
Section 10. The proceeds of the Series 2000 Bonds, including accrued interest, shall
be applied concurrently with the delivery of such bonds as follows:
(a) Any accrued interest received upon the issuance of the Series 2000
Bonds shall be deposited into the Bond Account established under Section 11 of
this Ordinance for credit to the Debt Service Sub - account therein to be applied to
make payment next falling due for interest on the Series 2000 Bonds.
(b) The net principal proceeds of the Series 2000 Bonds, after payment
or provision for payment of all expenses of issuing the Series 2000 Bonds, shall
be irrevocably deposited in escrow for the payment of the Series 1996 Bonds and
the Series 1999 Bonds under the following terms and conditions:
(1) The Series 1996 Bonds and the Series 1999 Bonds have each
been called for redemption on their respective earliest permitted
redemption dates (each, a "Redemption Date "). The City hereby
undertakes to take all actions necessary to provide for the calling and
redemption of such bonds on their respective Redemption Dates.
(2) Nebraska Trust Company, N.A., is hereby appointed as escrow
agent ( "Escrow Agent ") to hold the net proceeds of the Series 2000 Bonds
in trust and apply the same to the redemption of the Series 1996 Bonds and
the Series 1999 Bonds as called for redemption on their respective
Redemption Dates, including payment of principal and interest maturing on
or before such Redemption Dates. The Escrow Agent shall serve in such
capacity under the terms of an agreement entitled Escrow Agreement (the
"Escrow Agreement ") by and between the City and the Escrow Agent. The
form of the Escrow Agreement as presented in connection with the
adoption of this Ordinance is hereby approved and the Mayor and City
Clerk are hereby authorized to execute and deliver the Escrow Agreement
in final form with such completions of information and changes as such
officers shall deem app..,t,iiate for and on behalf of the City. Under the
terms of the Escrow Agreement, the proceeds of the Series 2000 Bonds
shall be invested pending application to the redemption of the Outstanding
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Bonds in direct obligations of the United States of America or in bank
depository accounts which are either fully insured or fully secured by
collateral securities as required by law for deposits of funds of the City.
The officers of the City, or any one or more of them, are hereby authorized
to approve any such investments on behalf of the City and the execution
and delivery of the Escrow Agreement in final form shall constitute
conclusive evidence of such approval. Any such investments made shall
mature on or before the Redemption Date. The officers of the City or any
one or more of them are hereby authorized to take any and all actions and
to make any and all transfers of funds necessary or apps. p.iate in
connection with the Escrow Agreement and the defeasance of the Series
1996 Bonds and the Series 1999 Bonds under the terms of their authorizing
ordinances and the 141 Regulation.
(3) The City hereby covenants and agrees to provide all amounts
in addition to the net proceeds of the Series 2000 Bonds necessary to be
deposited under the Escrow Agreement to effect the defeasance of the
Outstanding Bonds, including amounts held in the debt service funds or
accounts for the Outstanding Bonds and amounts in the debt service
reserve account for and allocated to the 1996 Bonds remaining after the
transfer directed to be made under the terms of Section 11(d) of this
Ordinance
Section 11. The revenues and earnings of the Water System are hereby pledged and
hypothecated for the payment of the Series 2000 Bonds and any Additional Bonds and interest
on such Series 2000 Bonds, and any such Additional Bonds, and the City does hereby agree with
the holders of said Series 2000 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 a separate fund designated as the `Blair Water System Fund." For purposes
of allocating the monies in the Blair Water System Fund, the City shall maintain
the following accounts: (1) Bond Payment Account; (2) Operation and
Maintenance Account; (3) Debt Service Reserve Account (with sub - accounts
therein); and (4) Retained Revenues Account.
(b) BOND PAYMENT ACCOUNT - Out of the Blair Water System
Fund there shall be credited monthly on or before the first day of each month to
the Bond Payment Account, starting with the month of October, 2000, the
following amounts:
1) during the period from and including October 1,
2000 to and including June 1, 2001, an amount equal to 1 /9th of
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the interest payment due on the Series 2000 Bonds on June 15,
2001;
2) during the period from and including July 1, 2001
until the Series 2000 Bonds have been paid in full, an amount
equal to 1 /6th of the next maturing semiannual interest payment
due on the Series 2000 Bonds;
3) during the period from and including October 1,
2000 to and including June 1, 2001, an amount equal to 1 /9th of
the principal payment for the Series 2000 Bonds due on June 15,
2001
4) during the period from and including July 1, 2001
until the Series 2000 Bonds have been paid in full, an amount
equal to 1 /12th of the next maturing principal payment for the
Series 2000 Bonds; and
(5) During such periods and in such amounts, all such
payments are as required under the terms of the DWSRF
Ordinance with respect to the DWSRF Loan.
The City Treasurer is hereby authorized and directed, without further
authorization, to withdraw monies credited to the Bond Payment Account, or if
the monies in such Account are insufficient, then from the Debt Service Reserve
Account (as and to the extent that amounts are available in a sub - account therein
designated in the authorizing ordinance for each issue) and next from the
Retained Revenues Account, an amount sufficient to pay, when due, the
principal of and interest on the Series 2000 Bonds, the DWSRF Loan or any
Additional Bonds and to transfer the appropriate amounts due to the direct payee
for the DWSRF Loan, the respective paying agent or direct payee for any issues
of Additional Bonds and the Paying Agent and Registrar, on or before each
principal and interest payment date. Upon the issuance of any Additional Bonds
pursuant to this Ordinance, appropriate additional credits to the Bond Payment
Account shall be provided for sufficient to pay principal and interest on said
Additional Bonds.
(c) OPERATION AND MAINTENANCE ACCOUNT - After any
credits required to be made by the foregoing subparagraph (b) have been made
in full, out of the Blair Water System Fund there shall be monthly credited into
the Operation and Maintenance Account such amounts as the City shall from
time to time determine to be necessary to pay the reasonable and necessary
expenses of operating and maintaining the Water System, and the City may
withdraw funds credited to the Operation and Maintenance Account as
necessary from time to time to pay such expenses. As an operational expense
the City shall pay any and all administrative fees required to be paid in
connection with the DWSRF Loan.
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(d) DEBT SERVICE RESERVE ACCOUNT - Within the Debt
Service Reserve Account there shall be established separate sub - accounts for
each series of bonds payable on a parity from the revenues of the Water System
with the Series 2000 Bonds and the DWSRF Loan, as shall be deemed
appiv by the Mayor and Council in connection with each such issue. No
sub - account for the DWSRF Loan has been or is to be established under the
DWSRF Ordinance based upon determinations of the Mayor and Council. For
the Series 2000 Bonds there is hereby ordered established the Series 2000 Debt
Service Reserve Sub - account into which there shall be deposited, from funds of
the City on hand in the debt service reserve account for and as allocated to the
Series 1999 Bonds until such account and allocation has been fully applied and
thereafter from the debt service reserve account for and as allocated to the Series
1996 Bonds, the sum of $339,500 which shall be maintained as the required
balance until the Series 2000 Bonds maturing on or before June 15, 2006 have
been paid in full and thereafter the required amount to be maintained in the
Series 2000 Debt Service Reserve Sub - account shall be maintained at an amount
not less than the Maximum Annual Debt Service Requirements for the Series
2000 Bonds remaining outstanding (as the required balance). so long as any of
the Series 2000 Bonds remain outstanding, provided that amounts in the Series
2000 Debt Service Reserve Sub - account equal to the reduction in the required
balance shall be applied to pay principal falling due on June 15, 2006 and the
required credits for such principal payments as set forth in Subsection 11(b)
shall be deemed satisfied in such year by such amount to be so applied. Monies
credited to the Series 2000 Debt Service Reserve Sub - account may be
withdrawn, as needed, to provide funds to pay when due the principal of and
interest on the Series 2000 Bonds, if the Bond Payment Account contains
insufficient funds for such purpose, and the City Treasurer is hereby authorized
and directed to make such withdrawal if and when needed. The Series 2000
Debt Service Reserve Sub - account has been established with respect to and shall
be maintained for the security of the Series 2000 Bonds only. In the event of
any withdrawal from the Series 2000 Debt Service Reserve Sub - account but
subject to allocation among other sub - accounts in the Debt Service Reserve
Account as described below, there shall be credited to the Series 2000 Debt
Service Reserve Sub - 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 Bond Payment Account and the
Operation and Maintenance Account and each month thereafter all such
remaining monies shall be credited to the Series 2000 Debt Service Reserve
Sub - account until such sub - account has been restored to the required balance.
In issuing any series of Additional Bonds a separate sub - account in the Debt
Service Reserve Account may be established for such series of Additional
Bonds but is not required under the terms of this Ordinance. The balance in any
such additional sub - account may be funded from monies on hand or from
periodic deposits from revenues in the Blair Water System Fund or from the
proceeds of such Additional Bonds. Each sub - account in the Debt Service
Reserve Account shall be of equal standing with each other sub - account in the
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Debt Service Reserve Account and available monies from the Blair Water
System Fund required to be credited to each such sub - account at any time shall
be allocated on a pro rata basis between sub - accounts then requiring credits in
accordance with the respective unpaid principal amounts then outstanding for
each such issue for which there is a sub - account requiring credits. Each sub -
account in the Debt Service Reserve Account shall constitute a separate fund
held in trust by the City Treasurer for the separate benefit of the issue of bonds
for which it is established. Anything in this Subsection 11(d) to the contrary
notwithstanding, the amount required to be maintained in the Debt Service
Reserve Account or any sub - account therein shall not at any time exceed the
maximum amount permitted to be invested without yield restriction under
Section 148 of the Code or any successor provision or related statutory
limitation and applicable regulations of the United States Treasury Department.
(e) RETAINED REVENUES ACCOUNT Monies in the Blair Water
System Fund remaining after the credits required in the foregoing Subsections
(b), (c) and (d) shall be credited to the Retained Revenues Account. Monies in
the Retained Revenues Account may be used to make up any deficiencies in any
of the preceding Accounts, to retire any of the Series 2000 Bonds, the DWSRF
Loan or any Additional Bonds prior to their maturity, to pay principal of and
interest on any junior lien water system revenue bonds or notes or to provide for
any other lawful purpose of the City as directed by the Mayor and City Council.
The provisions of this Section 11 shall require the City to maintain a set of books and records in
accordance with such accounting methods and procedures as are generally applicable to
municipal utility enterprises, which books and records shall show credits to and expenditures
from the several Accounts required by this Section. Except as specified below for the Debt
Service Reserve Account, the City shall not be required to establish separate bank or investment
accounts for said Accounts. Monies credited to the Debt Service Reserve Account or any sub -
account therein shall, if maintained in a demand or time deposit account, be kept in a separate
account and not commingled with other City or Water System funds. If invested, monies
credited to the Debt Service Reserve Account or any sub - account therein may be commingled
with other City funds, including Water System funds, so long as the City maintains books and
records clearly identifying the specific investments, or portions thereof, which belong to the Debt
Service Reserve Account and specific sub - account therein. Monies in any of said Accounts
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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 or any sub - account therein 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.D.I.C. insurance available thereon, the excess shall be
secured in the manner required by Section 16 -715 R.R.S. 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 thereafter
such income or profit shall be transferred to the Blair Water System Fund and treated as other
revenues from the operation of the Water System.
Section 12. So long as any of the Series 2000 Bonds, the DWSRF Loan and any
Additional Bonds issued pursuant to this Ordinance shall remain outstanding and unpaid, the
City covenants and agrees to establish, revise, from time to time as necessary, and collect such
rates and charges for the water and water service furnished from the Water System adequate to
produce revenues and earnings sufficient at all times:
(a) To provide funds to pay, when due, the principal of and interest on
the Series 2000 Bonds, the DWSRF Loan and any Additional Bonds issued
pursuant to this Ordinance.
(b) To pay all proper and necessary costs of operation and maintenance
of the Water System and to pay for the necessary and proper repairs,
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replacements, enlargements, extensions and improvements to the Water System,
including payment as the same fall due of any administrative fees related to the
DWSRF Loan.
(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 Water 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 Series 2000
Bonds, the DWSRF Loan and any Additional Bonds issued pursuant to this
Ordinance.
Section 13. The DWSRF Loan shall be authorized on a parity with the Series 2000
Bonds as described in this Ordinance without further condition and whether or not issued before,
contemporaneously with or after the issuance of the Series 2000 Bonds. To provide funds for
any purpose related to the Water System, the City may issue Additional Bonds (other than
Additional Bonds issued for refunding purposes which are governed by Section 14 of this
Ordinance) payable from the revenues of the Water System having equal priority and on a parity
with the Series 2000 Bonds, the DWSRF Loan 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 Series 2000 Bonds, the DWSRF Loan and any Additional
Bonds then outstanding and the proposed Additional Bonds.
(b) The City shall have complied with one or the other of the two
following requirements:
1) The Net Revenues derived by the City from its Water
System for the fiscal year next preceding the issuance of the
Additional Bonds shall have been at least equal to 1.30 times
the Average Annual Debt Service Requirements of the
Series 2000 Bonds, the DWSRF Loan and any Additional
Bonds, all as then outstanding, and of the proposed
Additional Bonds; or
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2) The City shall have received a projection made by a
consulting engineer or firm of consulting engineers, or by a
certified public account or firm of certified public accounts
(either one of which shall be recognized as having
experience and expertise in municipal utility systems)
projecting that the Net Revenues of the Water System in
each of the three full fiscal years after the issuance of such
Additional Bonds will be at least equal to 1.35 times the
Average Annual Debt Service Requirements of the Series
2000 Bonds, the DWSRF Loan 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 beginning 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; (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
program of changes which has been adopted by the Mayor
and Council of the City; (iii) projected revisions in costs for
labor, wages, salaries, machinery, equipment, 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 the acquisition of any new facility; (v) anticipated
receipts from service to any additional customer or
customers for the Water System; and (vi) such other factors
affecting the projections of revenues and expenses as the
consulting engineer or accountant deems reasonable and
proper. Annual debt service on any proposed Additional
Bonds to be issued may be estimated by the consulting
engineer or certified public accountant 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 or certified public accountant in any
final projections furnished to the City.
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If the City shall find it desirable it shall also have the right when issuing Additional Bonds to
combine with its Water System any other utilities of the City authorized to be combined under
Sections 19 -1305 through 19 -1308 or 18 -1803 through 18 -1805 R.R.S. Neb. 1997, and to cause
all of the revenues of such combined utilities systems to be paid into the Blair Water System
Fund, which fund may be appropriately redesignated, and to provide that all of the Series 2000
Bonds, DWSRF Loan and any Additional Bonds previously issued, all as then outstanding, and
the proposed issue of Additional Bonds shall be payable from the revenues of such combined
utilities and shall stand on a parity and in equality as to security and payment, provided,
however, no utility shall be combined with the Water System as contemplated in this paragraph
unless the conditions of subsection 13(a) shall have been satisfied and the Net Revenues of the
combined utilities systems shall satisfy one or the other of the requirements for Additional Bonds
provided in subsection 13(b) above. For purposes of meeting such requirements, the definition of
Net Revenues shall be altered to .include the gross revenues of the additional utility or utilities
and to take into consideration ordinary expenses of operating and maintaining the additional
utility or utilities. In making any projections the consulting engineer or certified public
accountant shall take into consideration the factors described in 13(b)(2) above with respect to
such additional utility or utilities. Net Revenues of the additional utility or utilities shall be based
upon the report or reports of independent certified public accountants in the same manner as is
required under subsection 13(b) above.
Section 14. The City may issue refunding bonds, which shall qualify as Additional
Bonds under this Section 14, to refund any Series 2000 Bonds, the DWSRF Loan or Additional
Bonds without compliance with the provisions of subsection 13(b) above, provided that, if any
such Series 2000 Bonds, DWSRF Loan or Additional Bonds are to remain outstanding after the
37
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 2000 Bonds, the DWSRF Loan or
Additional Bonds then outstanding, provided, that if any such Series 2000 Bonds, DWSRF Loan
or Additions 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 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 Series 2000 Bonds, DWSRF Loan and any
Additional Bonds outstanding at the time of issuance of such refunding bonds until the time of
application of their proceeds to the satisfaction of the bonds which are to be refunded. In
computing Average Annual Debt Service Requirements to show compliance with said Net
Revenues test for such refunding bonds, all payments of principal and interest due on such
refunding bonds from the time of their issuance to the time of application of the proceeds of such
refunding bonds to the satisfaction of the bonds which are to be refunded shall be excluded from
such computation to the extent that such principal and interest are payable from sources other
than the revenues of the Water System, such as bond proceeds or investment earnings on bond
proceeds, or from monies in the Retained Revenues 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. For purposes of this paragraph of this Section 14, the time of application
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of the proceeds of the refunding bonds to the satisfaction of the bonds which are to be refunded
shall be the time of deposit with the paying agent for such bonds which are to be refunded
pursuant to Section 10 -126 R.R.S. Neb. 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 15. The City hereby covenants and agrees that so long as any of the Series
2000 Bonds, the DWSRF Loan 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 2000 Bonds, the DWSRF Loan and any such
Additional Bonds with the principal and interest of such bonds or notes to be payable from
monies credited to the Retained Revenues Account as provided in Subsection 11(f). The term
"Additional Bonds" as used in this ordinance refers only to such bonds as are payable from the
revenues of the Water System on a parity with the Series 2000 Bonds and the DWSRF Loan and
are issued in accordance with the terms of said Sections 13 and 14.
Section 16. So long as any Series 2000 Bonds, the DWSRF Loan or Additional Bonds
are outstanding, the City hereby covenants and agrees as follows:
(a) The City will maintain the Water System in good condition and
will continuously operate the same in a reasonable and efficient manner, and the
City will, punctually perform all the duties with reference to said system
required by the Constitution and statutes of the State of Nebraska, but this
covenant shall not prevent the City from discontinuing the use and operation of
all or any portion of the Water System so long as the revenues derived from the
City's ownership of the properties constituting the Water System shall be
sufficient to fulfill this City's obligations under Section 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 water system in competition with that owned by
the City.
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(c) The City will maintain insurance on the property constituting the
Water System (other than such portions of the system as are not normally
insured against loss by casualty) in the amounts and against the risks
customarily carried by similar utilities, but including fire and extended coverage
insurance in an amount which would enable the City to repair, restore or replace
the property damaged to the extent necessary to make the Water System
operable in an efficient and proper manner to carry out the City's obligations
under this Ordinance The Mayor and Council shall annually, within one month
after the end of each fiscal year adopted by the City for the Water System
examine the amount of insurance carried with respect to the Water System and
shall evidence approval of such insurance by resolution. The proceeds of 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 Retained Revenues
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. The City agrees to obtain and maintain so long as any of the
Series 2000 Bonds are outstanding, as and to the extent available from
insurance carriers authorized to provide insurance in the State of Nebraska,
business interruption insurance or loss of earnings insurance providing a
monthly coverage amount of not less than $123,500 for a covered period of not
less than six months (subject to actual loss experience)
(d) The City will keep proper books, records and accounts separate
from all other records and accounts in which complete and correct entries will
be made of all transactions relating to the Water System. The City will have its
operating and financial statements relating to the Water System audited
annually by a certified public accountant or firm of certified public accountants.
The City will furnish to the original purchaser of the Series 2000 Bonds and to
the original purchaser or purchasers of each series of Additional Bonds issued
hereunder, within four months after the end of each fiscal year of the Water
System, a copy of the financial statements of the Water System and the report
thereon of the certified public accountants.
(e) The City shall cause each person handling any of the monies in the
Blair Water System Fund to be bonded by an insurance company licensed to do
business in Nebraska in an amount or amounts 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 expense from the Operation and Maintenance
Account.
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(f) So long as the City is current with all payments or credits required
to be made under Section 11 hereof and is also in compliance with the
covenants of Section 12 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 11 and 12
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.
(g) The City covenants and agrees for the benefit of the registered
owners of the Series 2000 Bonds that it will observe all contractual obligations
provided for in the DWSRF Ordinance and any agreement or agreements
relating to the DWSRF Loan.
(h) The City agrees that so long as the Series 2000 Bonds are
outstanding and unpaid it will keep in force and effect the Cargill Contract and
will not amend the provisions thereof in any manner which reduces amounts
payable thereunder to any level which would cause the City to be in violation of
the provisions of Section 12 of this Ordinance.
Section 17. The City's obligations under this Ordinance and the liens, pledges,
covenants, and agreements of the City herein made or provided for, shall be frilly discharged and
satisfied as to the Series 2000 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 or (2) Deposit Securities in such amount and bearing interest at such rates
and payable at such time or times and maturing or redeemable at stated fixed prices at the option
of the holder as to principal at such time or times as will ensure the availability of sufficient
money to make such payment; provided, however, that with respect to any bond to be paid prior
to maturity, the City shall have duly given notice of redemption of such bonds as provided by
law or made irrevocable provisions for the giving of such notice. Any such money so deposited
41
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 from such Deposit Securities in the hands of
such bank or trust company in excess of the amount required to pay principal of and interest on
the bonds for which such monies were deposited, shall be paid over to the City as and when
collected. For purposes of this Section 17, any Deposit Securities shall be non - callable or
callable only at the option of the holder.
Section 18. 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 2000 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 2000
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 2000 Bonds then outstanding affected thereby. The registered
owner of any Series 2000 Bond or Bonds may, either in law or in equity, by suit, action,
mandamus or other proceeding, enforce or compel performance of any and all of the acts and
duties required by this Ordinance, and any court of competent jurisdiction may, after default in
payment of principal or interest or performance of any other obligations under this Ordinance, on
application of any such holder, appoint a receiver to take charge of the Water System and operate
the same and apply the earnings thereof to the payment of the principal of and interest on bonds
issued pursuant to this Ordinance in accordance with the provisions hereof, the provisions of the
DWSRF Ordinance and any ordinance authorizing Additional Bonds.
42
Section 19. The Mayor and City Clerk of the City are hereby authorized to do all
things and execute all such documents as may by them be deemed necessary and proper to
complete the issuance and sale of the Series 2000 Bonds as contemplated by this Ordinance
Section 20. The City hereby covenants to the purchasers and holders of the Series
2000 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 2000 Bonds, which would cause the
Series 2000 Bonds to be arbitrage bonds within the meaning of Sections 103(b) and 148 of the
Internal Revenue Code of 1986, as amended (the "Code "), and further covenants to comply with
said Sections 103(b) and 148 and all applicable regulations thereunder throughout the term of
said bond issue. The City hereby covenants and agrees to take all actions necessary under the
Code to maintain the tax exempt status (as to taxpayers generally but not with respect to any
"substantial user" or "related person" as defined in Section 147 of the Code) of interest payable
on the 2000 Bonds, including payment of any rebate amount required under Section 148 of the
Code. The officers of the City (or any one or more of them) are hereby authorized to make any
allocations, certifications, elections and filings deemed necessary in connection with the
maintaining the status of interest on the Series 2000 Bonds as excludable from gross income
under the Code and in connection with the defeasance escrow for the Outstanding Bonds as
established under the terms of this Ordinance.
Section 21. In accordance with the requirements of Rule 1 5c2 -12 (the "Rule ")
promulgated by the Securities and Exchange Commission, the City hereby agrees that it will
provide the following continuing disclosure information:
(a) to each nationally recognized municipal securities information
repository (a "NRMSIR ") and to the initial purchaser of the Series 2000 Bonds,
the City shall provide annual financial and operating information generally
consistent with the information set forth under the heading "FINANCIAL
43
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
Oil an accrual basis;
(b) in a timely manner to each NRMSIR or to the Municipal
Securities Rule Making Board ( "MSRB "), notice of the occurrence of any of the
following events with respect to the Series 2000 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;
(5) substitution of credit or liquidity providers, or their
failure to perform;
(6) adverse tax opinions or events affecting the tax -
exempt status of the Series 2000 Bonds,
(7) modifications to rights of the Bondholders,
(8) bond calls,
(9) defeasances,
(10) release, substitution, or sale of property securing
repayment of the Series 2000 Bonds, and
(11) rating changes.
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
44
City to provide required 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 of 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 the benefit of the registered owners of the Series 2000 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 Series 2000 Bonds remain outstanding.
Section 22. If any section, paragraph, clause or provision of this Ordinance shall be
held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of
the other provisions of this Ordinance
Section 23. The Preliminary Official Statement is hereby approved and the Mayor and
City Clerk are hereby authorized to approve on behalf of the City a final Official Statement with
any changes deemed appropriate by them.
45
Section 24. This Ordinance shall be published in pamphlet form and shall be in force
and take effect from and after its passage and approval according to law.
PASSED AND APPROVED this 22nd day of August, 2000.
ATTEST:
(SEAL)
46
Motion for adjournment was duly made, seconded and on roll call vote was declared duly
adopted by the Temporary Acting Mayor.
I the undersigned City Clerk for the City of Blair, Nebraska, hereby certify that the
foregoing is a true and correct copy of the proceedings had and done by the Mayor and Council on
August 22, 2000; that all of the subjects included in the foregoing proceedings were contained in the
agenda for the meeting, kept continually current and readily available for public inspection at the
office of the City Clerk; that such subjects were contained in said agenda for at least twenty -four
hours prior to said meeting; that at least one copy of all reproducible material discussed at the
meeting was available at the meeting for examination and copying by members of the public; that
the said minutes from which the foregoing proceedings have been extracted were in written form
and available for public inspection within ten working days and prior to the next convened meeting
of said body; that all news media requesting notification concerning meetings of said body were
provided advance notification of the time and place of said meeting and the subjects to be discussed
at said meeting.
47
to91
City Clerk
NOTICE OF PUBLICATION OF ORDINANCE IN PAMPHLET FORM
On August 22, 2000, the Mayor and Council of the City of Blair, Nebraska, passed and
approved Ordinance No. 1909, entitled:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER SYSTEM REVENUE
REFUNDING BONDS, SERIES 2000, OF THE CITY OF BLAIR, NEBRASKA, IN THE
AGGREGATE PRINCIPAL AMOUNT OF THREE MILLION THREE HUNDRED NINETY -
FIVE THOUSAND DOLLARS ($3,395,000) FOR THE PURPOSE OF PROVIDING FOR THE
PAYMENT AND REDEMPTION OF THE CITY'S OUTSTANDING WATER SYSTEM
REVENUE BONDS, SERIES 1996, AND THE CITY'S OUTSTANDING WATER SYSTEM
REVENUE REFUNDING BONDS, SERIES 1999; 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 SAID
WATERWORKS PLANT AND WATER SYSTEM; ENTERING INTO A CONTRACT ON
BEHALF OF THE CITY WITH THE HOLDERS OF SAID BONDS; ESTABLISHING A
DEFEASANCE ESCROW; AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE
IN PAMPHLET FORM.
Said ordinance was published in pamphlet form and copies thereof are available at the office of the
City Clerk, in Blair, Nebraska.
48
2.iu` lael
City Clerk
ORDINANCE NO. 1910
AN ORDINANCE AUTHORIZING THE ISSUANCE OF VARIOUS PURPOSE BONDS OF THE
CITY OF BLAIR, NEBRASKA, IN THE PRINCIPAL AMOUNT OF NINE HUNDRED THIRTY
THOUSAND DOLLARS ($930,000) FOR THE PURPOSE OF PAYING THE COSTS OF
IMPROVING STREETS AND INTERSECTIONS IN STREET IlVIPROVEMENT DISTRICT
NOS. 173 AND 176; 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 COUNCIL OF THE CITY OF BLAIR, NEBRASKA:
Section 1. The Mayor and Council hereby find and determine: that pursuant to ordinances
heretofore duly enacted, Street Improvement District Nos. 173 and 176, were created in said City
and certain street improvements were constructed in 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 Engineer, is not less than $1,433,713, of which $1,420,713 is District cost and
$13,000 is the cost of improving intersections and areas formed by the crossing of streets, avenues
or alleys and one -half of the streets adjacent to real estate owned by the City; that additional
miscellaneous costs including interest on warrants or other indebtedness and issuance costs have
been or are being incurred for said improvements; that special assessments have been or shall be
levied according to law on the real estate in certain of said Districts 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 from the special assessments and
other funds available for such purpose, there still remains due and payable from the City on the
district costs not less than $917,000 and on the intersection costs not less than $13,000; that all
conditions, acts and things required by law to exist or to be done precedent to the issuance of
Intersection Improvement Bonds in the amount of $13,000 pursuant to Section 16 -626 R.R.S. Neb.
1997, and to the issuance of Street Improvement Bonds of said Districts in the amount of $917,000
pursuant to Section 16 -623 R.R.S. Neb. 1997, do exist and have been done as required by law.
Section 2. 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 of Nine Hundred
Thirty Thousand Dollars ($930,000) under Sections 18 -1801 and 18 -1802 R.R.S. Neb. 1997, as
amended, to pay the cost of improvements mentioned in Section 1 hereof do exist and have been
done as required by law.
Section 3. For the purposes described in Section 1 hereof there shall be and there are hereby
ordered issued, Various Purpose Bonds, Series 2000, of the City of Blair, Nebraska, in the principal
amount of Nine Hundred Thirty Thousand Dollars ($930,000) (the "Series 2000 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 October 15 of each year in the principal
amounts as follows:
Principal Interest
Amount Date of Maturity Rate
$45,000 October 15, 2001 4.65%
45,000 October 15, 2002 4.70
50,000 October 15, 2003 4.75
50,000 October 15, 2004 4.80
50,000 October 15, 2005 4.80
55,000 October 15, 2006 , 4.85
60,000 October 15, 2007 4.90
60,000 October 15, 2008 4.95
65,000 October 15, 2009 5.00
65,000 October 15, 2010 5.05
70,000 October 15, 2011 5.15
75,000 October 15, 2012 5.25
75,000 October 15, 2013 5.35
-2-
80,000
85,000
October 15, 2014
October 15, 2015
-3-
5.45
5.50
The Series 2000 Bonds shall be issued in fully registered form in the denomination of $5,000 or any
integral multiple thereof. The date of original issue for the Series 2000 Bonds shall be the date of
delivery thereof. . Interest on the Series 2000 Bonds, at the respective rates for each maturity, shall
be payable on October 15, 2001, and semiannually thereafter on April 15 and October 15 of each
year (each of said dates an "Interest Payment Date ") and the Series 2000 Bonds shall bear such
interest from the date of original issue or the most recent Interest Payment Date, whichever is later.
The interest due on each Interest Payment Date shall be payable to the registered owners of record
as of the close of business on the last business day of the month immediately preceding the month
in which the Interest Payment Date occurs (the "Record Date "), subject to the provisions of Section
5 hereof. The Series 2000 Bonds shall be numbered from 1 upwards in the order of their issuance.
No Series 2000 Bond shall be issued originally or upon transfer or partial redemption having more
than one principal maturity. The initial bond numbering andprincipal amounts for each of the Series
2000 Bonds issued shall be designated by the City's Treasurer as directed by the initial purchaser
thereof. Payments of interest due on the Series 2000 Bonds prior to maturity or date of 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 Series 2000 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 ofprincipal 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 2000 Bonds to said Paying Agent
and Registrar. The City and said Paying Agent and Registrar may treat the registered owner of any
Series 2000 Bond as the absolute owner of such Series 2000 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 2000 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 2000 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 2000 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 2000 Bonds. The Paying Agent and Registrar shall keep and maintain for the City books
for the registration and transfer of the Series 2000 Bonds at the City offices. The names and
registered addresses of the registered owner or owners of the Series 2000 Bonds shall at all times
be recorded in such books. Any Series 2000 Bond may be transferred pursuant to its provisions at
the office of said Paying Agent and Registrar by surrender of such Series 2000 Bond for
cancellation, accompanied by a written instrument of transfer, in form satisfactory to said Paying
Agent and Registrar, duly executed by the registered owner in person or by such owner's duly
authorized agent, and thereupon the Paying Agent 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 2000 Bond or Series 2000 Bonds of the same interest rate, aggregate principal amount
-4-
and maturity. To the extent of the denominations authorized for the Series 2000 Bonds by this
Ordinance, one Series 2000 Bond maybe transferred for several such Series 2000 Bonds ofthe same
interest rate and maturity, and for a like aggregate principal amount, and several such Series 2000
Bonds may be transferred for one or several such Series 2000 Bonds, respectively, of the same
interest rate and maturity and for a like aggregate principal amount. In every case of transfer of a
Series 2000 Bond, the surrendered Series 2000 Bond shall be canceled and destroyed. All Series
2000 Bonds issued upon transfer of the Series 2000 Bonds so surrendered shall be valid obligations
of the City evidencing the same obligations as the Series 2000 Bonds surrendered and shall be
entitled to all the benefits and protection of this Ordinance to the same extent as the Series 2000
Bonds upon transfer of which they were delivered. The City and said Paying Agent and Registrar
shall not be required to transfer any Series 2000 Bond during any period from any Record Date until
its immediately following Interest Payment Date or to transfer any Series 2000 Bond called for
redemption for a period of 30 days next preceding the date fixed for redemption.
Section 5. In the event that payments of interest due on the Series 2000 Bonds on an Interest
Payment Date are not timely made, such interest shall cease to be payable to the registered owners
as of the Record Date for such Interest Payment Date and shall be payable to the registered owners
of the Series 2000 Bonds as of a special date of record for payment of such defaulted interest as shall
be designated by the Paying Agent and Registrar whenever monies for the purpose of paying such
defaulted interest become available.
Section 6. If the date for payment of the principal of or interest on the Series 2000 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
-5-
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 7. Series 2000 Bonds maturing October 15, 2006, and thereafter shall be subject to
redemption, in whole or in part, prior to maturity at any time on or after October 15, 2005, at par plus
accrued interest on the principal amount redeemed to the date fixed for redemption. The City may
select the Series 2000 Bonds to be redeemed in its sole discretion but the Series 2000 Bonds shall
be redeemed only in amounts of $5,000 or integral multiples thereof. Series 2000 Bonds redeemed
in part only shall be surrendered to said Paying Agent and Registrar in exchange for new Series 2000
Bonds evidencing the unredeemed principal thereof. Notice of redemption of any Series 2000 Bond
called for redemption shall be given at the direction of the City by said Paying Agent and Registrar
by mail not less than 30 days prior to the date fixed for redemption, first class, postage prepaid, sent
to the registered owner of such Series 2000 Bond at said owner's registered address. Such notice
shall designate the Series 2000 Bond or Series 2000 Bonds to be redeemed by maturity or otherwise,
the date of original issue and the date fixed for redemption and shall state that such Series 2000 Bond
or Series 2000 Bonds are to be presented for prepayment at the office of said Paying Agent and
Registrar. In case of any Series 2000 Bond partially redeemed, such notice shall specify the portion
of the principal amount of such Series 2000 Bond to be redeemed. No defect in the mailing of notice
for any Series 2000 Bond shall affect the sufficiency of the proceedings of the City designating the
Series 2000 Bonds called for redemption or the effectiveness of such call for Series 2000 Bonds for
which notice by mail has been properly given and the City shall have the right to further direct notice
of redemption for any. such Series 2000 Bond for which defective notice has been given.
-6-
Section 8. The Series 2000 Bonds shall be in substantially the following form:
UNITED STATES OF AMERICA
STATE OF NEBRASKA
COUNTY OF WASHINGTON
VARIOUS PURPOSE BOND OF
THE CITY OF BLAIR, NEBRASKA
SERIES 2000
No.
Interest Rate
Registered Owner:
Principal Amount:
Maturity Date Date of Original Issue Cusin No.
October 15, October . 2000
Dollars ($ )
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 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
October 15, 2001, and semiannn ally thereafter on April 15 and October 15 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 last business 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 saris become due, the full faith, 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 Nine
Hundred Thirty Thousand Dollars ($930,000), of even date and like tenor except as to date of
-8-
maturity, rate of interest and denomination which were issued by the City for the purpose of paying
the costs of improving streets and alleys, intersections and areas formed by the crossing of streets,
avenues or alleys and streets adjacent to real estate owned by the City in Street Improvement District
Nos. 173 and 176, all in strict compliance with Sections 16 -623, 16 -626, 18 -1801 and 18 -1802,
R.R.S. Neb. 1997, as amended. The issuance of said bonds has been authorized by proceedings duly
had and an ordinance legally passed, approved and published by the Mayor and Council of said City.
Bonds of this issue maturing October 15, 2006, and thereafter are subject to redemption at
the option of the City, in whole or in part, at any time on or after October 15, 2005, 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 onlyin $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 of bonds,
subject to the limitations therein prescribed. The City, the Paying Agent and Registrar and any other
person may treat the person in whose name this bond is registered as the absolute owner hereof for
the purpose ofreceiving 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
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 required 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 certain
of said districts are valid liens on the lots and tracts of land upon which they have been or shall be
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 levy and
collect said special assessments and, in addition thereto, will cause 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.
-9-
AS PROVIDED IN THE ORDINANCE REFERRED TO HEREIN, UNTIL THE
TERMINATION OF THE SYSTEM OF BOOK - ENTRY -ONLY TRANSFERS THROUGH THE
DEPOSITORY TRUST COMPANY, NEW YORK, NEW YORK (TOGETHER WITH ANY
SUCCESSOR SECURITIES DEPOSITORY APPOINTED PURSUANT TO THE ORDINANCE,
"DTC "), AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THE ORDINANCE TO
THE CONTRARY, A PORTION OF THE PRINCIPAL AMOUNT OF THIS BOND MAY BE
PAID OR REDEEMED WITHOUT SURRENDER HEREOF TO THE PAYING AGENT AND
REGISTRAR. DTC OR A NOMINEE, TRANSFEREE OR ASSIGNEE OF DTC OF THIS BOND
MAY NOT RELY UPON THE PRINCIPAL AMOUNT INDICATED HEREON AS THE
PRINCIPAL AMOUNT HEREOF OUTSTANDING AND UNPAID. THE PRINCIPAL AMOUNT
HEREOF OUTSTANDING AND UNPAID SHALL FOR ALL PURPOSES BE THE AMOUNT
DETERMINED IN THE MANNER PROVIDED IN THE ORDINANCE.
UNLESS THIS BOND IS PRESENTED BY AN AUTHORIZED OFFICER OF DTC (A)
TO THE PAYING AGENT AND REGISTRAR FOR REGISTRATION OF TRANSFER OR
EXCHANGE OR (B) TO THE PAYING AGENT AND REGISTRAR FOR PAYMENT OF
PRINCIPAL, AND ANY BOND ISSUED IN REPLACEMENT HEREOF OR SUBSTITUTION
HEREOF IS REGISTERED IN THE NAME OF DTC AND ANY PAYMENT IS MADE TO DTC
OR ITS NOMINEE, ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR
OTHERWISE BY OR TO ANY PERSONS IS WRONGFUL BECAUSE ONLY THE
REGISTERED OWNER HEREOF, DTC OR ITS NOMINEE, HAS AN INTEREST HEREIN.
This bond shall not be valid and binding on the City until authenticated by the Paying Agent
and Registrar.
IN WITNESS WHEREOF, the Mayor and Council of the City of Blair, Nebraska, have
caused this bond to be executed on behalf of the City with the facsimile signatures of the Mayor and
the City Clerk and by causing the official seal of the City to be imprinted hereon or affixed hereto,
all as of the date of original issue specified above.
ATTEST:
City Clerk
(SEAL)
-
CITY OF BLAIR, NEBRASKA
Mayor
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.
Signature Guaranteed
By
Authorized Officer(s)
CERi i1 ' KATE OF AUTHENTICATION
AND REGISTRATION
(Form of Assignment)
City Treasurer,
Paying Agent and Registrar
for the City of Blair, Nebraska
For value received hereby sells, assigns and transfers unto
- (Social Security or Taxpayer I.D. No.
the within bond and hereby irrevocably constitutes and appoints
, attorney, to transfer the same on the books of registration in the office of the
within mentioned Paying Agent and Registrar with full power of substitution in the premises.
Dated:
Registered Owner(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 commercial bank or a trust company or by a firm
having membership on the New York, Midwest or other stock exchange.
Section 9. Each of the Series 2000 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 2000 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 ofRepresentations ") in the form required by the Depository (which may
be in the form of a blanket letter, including any such letter previously executed and delivered), for
and on behalf of the City, which shall thereafter govern matters with respect to registration, transfer,
payment and redemption of the Series 2000 Bonds. With respect to the issuance of the Series 2000
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 2000 Bonds as securities depository (each, a "Bond Participant ") or to any
person who is an actual purchaser of a Series 2000 Bond from a Bond Participant while the
Series 2000 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 2000 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 2000 Bonds, including any notice of redemption, or
(iii) 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 2000 Bonds. The Paying Agent and Registrar shall make
payments with respect to the Series 2000 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 2000 Bonds to the extent ofthe sum or sums so paid. No person other
than the Depository shall receive an authenticated Bond, except as provided
in (e) below.
-12-
(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
2000 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 Series 2000 Bonds or
(ii) to make available Series 2000 Bonds registered in whatever name or names as the
Beneficial Owners transferring or exchanging such Series 2000 Bonds shall designate.
(c) If the City determines that it is desirable that certificates representing the Series
2000 Bonds be delivered to the ultimate beneficial owners of the Series 2000 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 ofbond certificates representing the Series 2000 Bonds.
In such event, the Paying Agent and Registrar shall issue, transfer and exchange bond
certificates representing the Series 2000 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 2000 Bond is registered in the name of the Depository or any nominee thereof,
all payments with respect to such Series 2000 Bond and all notices with respect to such
Series 2000 Bond shall be made and given, respectively, to the Depository as provided in the
Letter of Representations.
(e) Registered ownership of the Series 2000 Bonds may be transferred on the books
of registration maintained by the Paying Agent and Registrar, and the Series 2000 Bonds
may be delivered in 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).
(f) In the event of any partial redemption of a Series 2000 Bond unless and until such
partially redeemed bond has been replaced in accordance with the provisions of this
Ordinance, the books and records of the Paying Agent and Registrar shall govern and
establish the principal amount of such bond as is then outstanding and all of the Series 2000
Bonds issued to the Depository or its nominee shall contain a legend to such effect.
-13-
If for any reason the Depository resigns and is not replaced, the City shall immediately
provide a supply ofprinted bond certificates for issuance upon the transfers from the Depository and
subsequent transfers or in the event of partial redemption. In the event that such supply of
certificates shall be insufficient to meet the 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 duly qualified and acting Mayor and City Clerk and by imprinting thereon or
affixing thereto the City's seal. In case any officer whose signature or facsimile thereof shall appear
on any Series 2000 Bond shall cease to be such officer before the delivery of such bond (including
such certificates delivered to the Paying Agent and Registrar for issuance upon transfer or partial
redemption), such signature or such facsimile signature shall nevertheless be valid and sufficient for
all purposes the same as if such officer or officers had remained in office until the delivery of such
bond. The Series 2000 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 2000 Bonds to be registered
in the office of the Auditor of Public Accounts of the State of Nebraska Thereafter the Series 2000
Bonds shall be delivered to the Paying Agent and Registrar for registration and authentication. Upon
execution, registration and authentication of the Series 2000 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 98.35% of the principal amount of the Series 2000 Bonds plus accrued
interest thereon to date of payment for the Series 2000 Bonds. The officers of the City (or any one
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
-14-
2000 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 2000 Bonds which shall be delivered to said purchaser.
Section 10. The proceeds of the Series 2000 Bonds shall be applied to the payment of costs
of construction of the improvements described in Section 1 hereof or to the payment of warrant or
other indebtedness incurred for the payment of said costs and to pay issuance costs. Expenses of
issuance of the Series 2000 Bonds may be paid from the proceeds of the Series 2000 Bonds.
Section 11. The special assessments levied and to be levied as described in Section 1 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 2000 Bonds. The City agrees that it will levy and collect said
special assessments and, in addition thereto, shall cause to be levied and collected annually 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 2000 Bonds when and
as such principal and interest become due.
Section 12. The City hereby covenants to the purchasers and holders of the Series 2000
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 2000 Bonds, which would cause the Series 2000
Bonds to be arbitrage bonds within the meaning of Sections 103(b) and 148 of the Internal Revenue
Code of 1986, as amended (the "Code "), and further covenants to comply with said Sections 103(b)
and 148 and all applicable regulations thereunder throughout the term of said bond issue. The City
hereby covenants and agrees to take all actions necessary under the Code to maintain the tax exempt
-15-
status (as to taxpayers generally) of interest payable on the Series 2000 Bonds. The City hereby
designates the Series 2000 Bonds as its "qualified tax- exempt obligations" pursuant to Section
265(b)(3)(B)(i)(III) of the Code and covenants and warrants that the Series 2000 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 not including private
activity bonds (other than qualified 501(c)3 bonds) aggregating in principal amount more than
$10,000,000 during calendar 2000, and that it has not designated more than $10,000,000 of
obligations (including the Series 2000 Bonds herein authorized) during the 2000 calendar year to the
date of this Ordinance as qualified tax- exempt obligations.
Section 13. The City's obligations under this Ordinance with respect to any or all of the
Series 2000 Bonds herein authorized shall be fully discharged and satisfied as to any or all of such
Series 2000 Bonds and any such Series 2000 Bond shall no longer be deemed to be outstanding
hereunder if such Series 2000 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 (ii) 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
-16=
availability of sufficient money to make such payment; provided, however, that with respect to any
Series 2000 Bond to be paid prior to maturity, the City shall have duly called such bond for
redemption and given 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 2000 Bonds for which such
monies or U.S. Government Obligations were deposited shall be paid over to the City as and when
collected.
Section 14. In accordance with the requirements of Rule 15c2 -12 (the "Rule ") promulgated
by the Securities and Exchange Commission, the City hereby agrees that it will provide the
following continuing disclosure information:
(a) to each nationally recognized municipal securities information repository (a
"NRMSIR ") and to the initial purchaser of the Series 2000 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 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 Rule
Making Board ( "MSRB "), notice of the occurrence of any of the following events
with respect to the Series 2000 Bonds, if in the judgment of the City, such event is
material:
(1) principal and interest payment delinquencies,
(2) non-payment related defaults,
-17-
(3)
(4) unscheduled draws on credit enhancements reflecting financial
difficulties (there is no credit enhancement on the Series 2000
Bonds);
unscheduled draws on debt service reserves reflecting financial
difficulties (there are no debt service reserves established for the
Series 2000 Bonds under the terms of the Ordinance),
substitution of credit or liquidity providers, or their failure to
perform (not applicable to the Series 2000 Bonds);
adverse tax opinions or events affecting the tax - exempt status of
the Series 2000 Bonds,
(7) modifications to rights of the bondholders,
(8) bond calls,
(9) defeasances,
(10) release, substitution, or sale ofproperty securing repayment ofthe
Series 2000 Bonds, and
(11) rating changes (the Series 2000 Bonds are not rated and no rating
for the Series 2000 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 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 of such information, to the extent necessary or ate in the
judgment of the City, consistent with the Rule. The City hereby agrees that such covenants are for
the benefit of the registered owners of the Series 2000 Bonds (including Beneficial Owners) and that
such covenants may be enforced by any registered owner or Beneficial Owner, provided that any
-18-
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 Series
2000 Bonds remain outstanding.
Section 15. The Preliminary Official Statement is hereby approved and the Mayor and City
Clerk are hereby authorized to approve on behalf of the City a . final Official Statement with any
changes deemed a,p,..,Ynlate by them.
Section 16. This Ordinance shall be in force and take effect from and after its passage and
publication in pamphlet form as provided by law.
Attest:
Passed and approved this /Z-
City Clerk
(SEAL)
day of , 2000.
ORDINANCE NO. 1911
AN ORDINANCE TO ADOPT THE BUDGET STATEMENT TO BE TERMED THE ANNUAL
APPROPRIATION BILL; TO APPROPRIATE SUMS FOR NECESSARY EXPENSES AND
LIABILITIES OF THE MUNICIPALITY; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT, AND PROVIDING WHEN THIS ORDINANCE SHALL BE
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 fiscal year beginning October 1, 2000, and ending September 30,
2001, was published in The Pilot Tribune, the official newspaper of the City of Blair on September
5, 2000; 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
BLAIR, 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, 2000, and ending September 30, 2001. 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.
SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 3. That this ordinance shall be in force and take effect from and after its passage,
approval and publication as provided by law.
Passed and approved this 12 day of September, 2000.
ATTEST:
eL(e,,\
BRENDA R TAYLOR, CfITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
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 l2 day of September,
2000.
BRENDA R. TAYLOR, C I'Y CLERK
ORDINANCE NO. 1912
AN ORDINANCE TO BE 'PERMED THE "ANNUAL APPROPRIATION BILL"
APPROPRIATING SUCH SUMS OF MONEY NECESSARY TO DEFRAY ALL NECESSARY
EXPENSES AND LIABILITIES OF THE CITY OF BLAIR, NEBRASKA, FOR THE FISCAL
YEAR COMMENCING ON THE FIRST DAY OF OCTOBER, 2000, AND SPECIFYING THE
OBJECT AND PURPOSE OF EACH APPROPRIATION AND THE AMOUNT FOR EACH
OBJECT AN D 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 $20,923,119.00 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 2000 -2001 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
Total General Fund $ 2,743,366.00
Debt - Service $ 1,945,767.00
Street $ 1,555,489.00
Landfill $ 0.00
Sales Tax (1997 Vote) $ 982,231.00
Lodging Occupation Tax $ 30,561.00
Health & Benefit Insurance $ 110,370.00
Water $10,031,865.00
Sewer $ 1,445,981.00
Community Development Block
Grant Fund (ED) $ 1,425,000.00
Donated Funds $ 29,842.00
Capital Outlay Reserve $ . 26,146.00
Community Development Block
Grant Reuse Funds $ 269,389.00
Municipal Infrastructure
Redevelopment Fund $ 130,424.00
Economic Development 840 $ 0.00
Keno Funds $ 196,688.00
SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 4. That this ordinance shall be in force and take effect from and after its passage,
approval and publication as provided by law.
Passed and approved this 12 day of September, 2000.
ATTEST:
Z igozik_ R.
BRENDA R. TAYLOR, ,QTY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
MICHAEL A. i I S MAYOR
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 12 day of September,
2000.
R,� u✓„ �' / Gn
BRENDA R. TAYLOR, C 'Y CLERK
ORDINANCE NO. 1913
AN ORDINANCE AMENDING SECTION 8 -601 OF THE MUNICIPAL CODE OF THE CITY
OF BLAIR, NEBRASKA (ORDINANCE NO. 1488) TO REQUIRE THAT THE CITY OF BLAIR
PAY THE COST OF ALL ROCK AS MAY BE APPLIED, FROM TIME TO TIME, ON ALL
ROCK SURFACED STREETS IN THE CITY OF BLAIR; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT, AND PROVIDING THAT THIS
ORDINANCE SHALL BE PUBLISHED IN PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA, AS FOLLOWS:
SECTION 1. That Section 8 -601 of the Municipal Code of the City of Blair, Nebraska
(Ordinance No. 1488) is hereby repealed and deleted in its entirety, and that the revised Section 8 -601
shall be and hereby is adopted as follows:
"Sec. 8-601 ALLEY IMPROVEMENTS; APPLYING ROCK. On all rock
surfaced alleys within the City, rocks shall be applied from time to time as deemed
necessary by the Director of Public Works and City Administrator. Said rock shall
be hauled and applied by employees of the City Street Department, and the cost of the
same shall be borne by the City. Property owners who own property adjacent to the
alley to be rocked shall be responsible for their proportionate share of the rock applied
to the alley. The amount to be paid by each property owner shall be determined
according to the following formula: the total cost of the rock divided by the total front
footage of the property adjacent to the alley to be rocked times the front footage
owned by the individual property owner."
SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 3. That 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 26 day of September, 2000.
CITY OF BLAIR, NEBRASKA
B1
I LEST:
BT1ENDA R TAYLOR, r1 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 duly
passed and approved at a regular meeting of the Mayor and City Council of said City held on the 26
day of September, 2000.
ORDINANCE NO. 1914
AN ORDINANCE ANNEXING THE REAL ESTATE GENERALLY DESCRIBED AS TAX LOT
234 IN SECTION 12, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6 P.M.,
WASHINGTON COUNTY, NEBRASKA AND LOT 2, SKOBO ACRES SUBDIVISION, IN
WASHINGTON COUNTY, NEBRASKA, LESS THAT PART OF LOT 2 CONVEYED TO THE
CHICAGO NORTHWESTERN RAILWAY COMPANY, A DELAWARE CORPORATION, BY
WARRANTY DEED RECORDED JUNE 30, 1994, IN RECORD BOOK 231, PAGES 385 -386;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH,
AND PROVIDING WHEN THIS 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 tracts of real estate described as Tax Lot 234 in Section 12, Township
18 North, Range 11 East of the 6 P.M., Washington County, Nebraska and Lot 2, Skobo Acres
Subdivision, in Washington County, Nebraska, less that part of Lot 2 conveyed to the Chicago
Northwestern Railway Company, a Delaware Corporation, by Warranty Deed recorded June 30,
1994, in Record Book 231, Pages 385 -386, 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.
ATTEST:
BRENDA R. TAYLORQCITY CLERK
(SEAL)
PASSED AND APPROVED this 14: day of November, 2000.
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 wa4
passed and approved at a regular meeting of the Mayor and City Council of said City held on
the 14' day of November, 2000.
CITY OF BLAIR, NEBRASKA
BY
MICHAEL A. MINES, MAYOR
v, ��
BRENDA R. TAYLOR,
'A. -
CLERK
ORDINANCE NO. 1915
AN ORDINANCE VACATING THAT PORTION OF PROSPECT AVENUE LYING BETWEEN
U.S. HIGHWAY 75 (13 STREET) AND 10 STREET WHICH IS LEGALLY DESCRIBED AS
FOLLOWS: FROM THE NORTH QUARTER CORNER OF SECTION 13, TOWNSHIP 18
NORTH, RANGE 11 EAST OF THE 6 P. IVL, WASHINGTON COUNTY, NEBRASKA AND
ASSUMING THE NORTH/SOUTH 1/4 SECTION LINE OF SAID SECTION 13 TO BEAR S
00 °02'48" W; THENCE S 00 °02'48" W ALONG SAID NORTH/SOUTH 1/4 SECTION LINE A
DISTANCE OF 319.44 FEET; THENCE WEST A DISTANCE OF 20.00 FEET; THENCE S
00 °02'48" W ALONG A LINE 20.00 FEET WEST OF AND PARALLEL TO THE
NORTH/SOUTH 1/4 SECTION LINE OF SECTION 13 A DISTANCE OF 693.72 FEET TO THE
POINT OF BEGINNING; THENCE S 89 °56'19" W TO A POINT ON THE EASTERLY RIGHT -
OF -WAY OF U.S. HIGHWAY 75 (13 STREET); 'THENCE SOUTHERLY ALONG SAID
EASTERLY RIGHT -OF -WAY TO A POINT 50.00 FEET SOUTH OF THE LAST DESCRIBED
COURSE; THENCE N 89 °56'19" E ALONG A LINE 50.00 FEET SOUTH OF AND PARALLEL
TO SAID COURSE TO A POINT 20.00 FEET WEST OF THE NORTH/SOUTH 1/4 SECTION
LINE OF SECTION 13; THENCE N 00 °02'48" E 20.00 FEET EAST OF AND PARALLEL TO
SAID NORTH/SOUTH 1/4 SECTION LINE A DISTANCE OF 50.00 FEET TO THE POINT OF
BEGINNING, ALL LYING IN THE NW1 /4 OF SECTION 13, TOWNSHIP 18 NORTH, RANGE
11 EAST OF THE 6 PRINCIPAL MERIDIAN, WASHINGTON COUNTY, NEBRASKA,
RESERVING UNTO THE CITY OF BLAIR A PERPETUAL EASEMENT FOR ANY PUBLIC
OR PRIVATE UTILITIES LOCATED IN SAID STREET, INCLUDING BUT NOT LIMITED TO
WATER LINES, SEWER LINES, TELEPHONE, GAS OR CABLE TELEVISION LINES;
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 1. The portion of Prospect Avenue lying between U.S. Highway 75 (13 Street)
and 10 Street which is legally described as follows: From the North Quarter Comer of Section 13,
Township 18 North, Range 11 East of the 6 P.M., Washington County, Nebraska and assuming
the North/South 1/4 section line of said Section 13 to bear 5 00 °02'48" W; thence S 00 °02'48" W
along said North/South 1/4 section line a distance of 319.44 feet; thence West a distance of 20.00
feet; thence S 00 °02'48" W along a line 20.00 feet West of and parallel to the North/South 1/4 section
line of Section 13 a distance of 693.72 feet to the point of beginning; thence S 89 °56'19" W to a point
on the Easterly right -of -way of U.S. Highway 75 (13 Street); thence Southerly along said Easterly
right -of -way to a point 50.00 feet South of the last described course; thence N 89 °56'19" E along a
line 50.00 feet south of and parallel to said course to a point 20.00 feet West of the North/South 1/4
section line of Section 13; thence N 00 °02'48" E 20.00 feet East of and parallel to said North/South
1/4 section line a distance of 50.00 feet to the point of beginning, all lying in the NW1 /4 of Section
13, Township 18 North, Range 11 East of the 6t' P.M., Washington County, Nebraska is hereby
vacated; provided, however, the City of Blair, for itself or its assignees, hereby reserves a perpetual
easement for any public or private utilities located in said 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 from and following the passage
and publication hereof as required by law.
PASSED AND APPROVED this 10 day of October, 2000.
CITY OF BLAIR, NEBRASKA
ATTEST:
(SEAL)
Bv_
MICHAEL A. MINES, MAYOR
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 Ordinance was passed and
approved at a regular meeting of the Mayor and City Council of said City held on the 10 day of
October, 2000.
BRENDA TAYLOR, •2 CLERK
ORDINANCE NO. 1916
AN ORDINANCE AMENDING SECTION 501.08 OF THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF BLAIR, NEBRASKA (ORDINANCE NO. 1798) BY
PROVIDING AN EXCEPTION TO THE SIDE YARD AND REAR YARD SETBACK
REQUIREMENT BY REDUCING SAID SETBACK TO NOT LESS THAN 25 FEET FOR
RESIDENTIAL ACCESSORY STRUCTURES AND AGRICULTURAL ACCESSORY
STRUCTURES, OTHER THAN THOSE THAT ARE USED FOR THE REARING, BREEDING,
SHELTERING OR KEEPING OF LIVESTOCK OR OTHER ANIMALS; 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 1. That Section 501.08 (2) of the Comprehensive Zoning Ordinance of the City
of Blair, Nebraska (Ordinance No. 1798) shall be amended in its entirety to read as follows:
"(2) Rear yard: There shall be a minimum rear yard of not less than a depth of fifty
(50) feet; provided, however, residential accessory structures and agricultural
accessory structures, other than those that are used for the rearing, breeding,
sheltering, or keeping of livestock or other animals, including, but not limited to,
cattle, swine, horses, sheep, goats, poultry, or domestic animals, may have a rear yard
setback of not less than twenty- five(25) feet."
SECTION 2. That Section 501.08 (3) of the Comprehensive Zoning Ordinance of the City
of Blair, Nebraska (Ordinance No. 1798) shall be amended in its entirety to read as follows:
"(3) Side yard: There shall be a side yard of not less than filly (50) feet;
provided, however, residential accessory structures and agricultural accessory
structures, other than those that are used for the rearing, breeding, sheltering, or
keeping of livestock or other animals, including, but not limited to, cattle, swine,
horses, sheep, goats, poultry, or domestic animals, may have a side yard setback of
not less than twenty -five (25) feet."
SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 4. That this ordinance shall be in full force and effect from and following the
passage and publication hereof as required by law.
ATTEST:
(SEAL)
Passed and approved this 10th day of October, 2000.
B r A R. TAYLOR, Y CLERK
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
MICHAEL A. AMES, Mayor
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 10
day of October, 2000.
BRENDA R. TAYLOR, C * CLERK
ORDINANCE NO. 1917
AN ORDINANCE AMENDING SECTION 6 -114 OF THE MUNICIPAL CODE OF THE CITY
OF BLAIR, NEBRASKA (ORDINANCE NO. 1488) PROVIDING FOR THE IMPOUNDMENT
OF ANIMALS AND HOUSING SUCH ANIMALS FOR NOT LESS THAN FIVE DAYS AND
ALSO ESTABLISHING AN IMPOUNDMENT FEE OF $10.00 AND A DAILY BOARDING FEE
OF $3.00 PER DAY FOR SUCH ANIMALS; REVOKING AND RESCINDING THE
PROVISIONS OF SECTION 6 -209, IN ITS ENTIRETY PERTAINING TO THE
IMPOUNDMENT OF ANIMALS AND THE HOUSING OF SUCH ANIMALS; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND C;l'1'Y COUNCIL OF THE CITY OF BLAIR,
NEBRASKA, AS FOLLOWS:
SECTION 1. That Section 6 -209 of the Municipal Code of the City of Blair, Nebraska
(Ordinance No. 1488) is hereby revoked and rescinded in its entirety as follows:
"Sec. 6 -209 ANIMALS: IMPOUNDING. It shall be the duty of the Municipal
Police or its authorized agent to capture, secure, and remove in a humane manner to
the Municipal Animal Shelter or to a designated animal shelter located within or out
of the City limits any dog or other animal violating any of the provisions of this
Article. The dog or other animal or animals so impounded shall be treated in a
humane manner and shall be provided with a sufficient supply of food and fresh water
each day. Each impounded dog or other animal shall be kept and maintained at the
pound for not less than forty -eight (48) hours unless reclaimed earlier by the owner.
A list of impounded dogs or other animals, including any significant marks or
identifications, shall be maintained at the Police Station. Any dog or other animal may
be reclaimed by its owner during the period of impoundment by payment to ten
($10.00) dollars for a general impoundment fee. If the dog or other animal is not
claimed at the end of forty -eight (48) hours, the Municipal Police or its authorized
agent may dispose of the dog or other animal or destroy the dog or other animal in
any humane manner within the discretion of the Municipal Police or its authorized
agent; Provided, that it in the judgment of the Municipal Police or its authorized
agent, a suitable place can be found for any such animal, the said animal shall be
turned over to that person and the new owner shall then be required to pay all fees
and meet all licensing and vaccinating requirements, if any, provided in this Article.
' The Municipality, or its authorized agent, shall acquire legal title to any dog or other
animal impounded in the Animal Shelter after forty -eight (48) hours. All dogs or
other animals destroyed shall be disposed of in a summary and humane manner. (Ord.
No. 1163,1/13/76)"
SECTION 2: That Section 6 -114 of' the Municipal Code of the City of Blair, Nebraska
(Ordinance No. 1488) is hereby amended in its entirety to read as follows, to -wit:
"Sec. 6 -114 DOGS AND OTHER ANIMALS: IMPOUNDING. It shall be the
duty of the Municipal Police Blair Police Department or their authorized agent to
capture, secure, and remove, in a humane manner, to the City of Blair Municipal
Animal Shelter, or to a designated animal shelter located within or outside of the City
limits (" designated animal shelter"). any dog or other animal or animals violating any
of the provisions of this Article. The dogs or other animal or animals so impounded
shall be treated in a humane manner and shall be provided with a sufficient supply of
food and fresh water each day. Each impounded dog or other animal or animals shall
be kept and maintained at the pound designated animal shelter for a period of not less
than five (5) days unless reclaimed earlier by the owner. Notice of impoundment of
all dogs or other animal or animals including any significant marks or identifications,
shall be posted at the office of the Blair City Clerk as public notification of such
impoundment. Any dog or other animal or animals may be reclaimed by its owner
during the period of impoundment by payment of ten ($10.00) dollars as a general
impoundment fee or any other impoundment fee as may be set by the Mayor and City
Council of the City of Blair, Nebraska, by resolution, from time to time. Such owner
or any other person claiming or obtaining possession of an impounded dog or other
animal or animals shall also pay a daily boarding fee of three ($3.00) dollars per day,
or such other boarding fee as may ht, set by the Mayor and City Council of the City
of Blair. Nebraska. by resolution. from time to time. for each day such dog or other
animal or animals was impounded at the Municipal Animal Shelter designated animal
shelter. Such impoundment fee and boarding fee may be set and determined from
time to time by resolution. The owner shall then be required to comply with the
licensing and rabies vaccination requirements of this Article within seventy -two (72)
hours after release. If the dog or other animal or animals is not claimed at the end of
five (5) days, the Municipal Police Chief of Police of the City of Blair Police
Department or their his authorized agent may dispose of the dog or other animal or
animals or destroy in any humane manner within the discretion of the Chief of Police
for the City of Blair Police Department Municipal Police or their his authorized agent;
Provided, that it in the judgment of the Chief of Police for the City of Blair Police
Department Municipal Police or their his authorized agent, a suitable home can be
found for any such dog or other animal or animals. then said dog or other animal or
animals shall be turned over to that person and the new owner shall then be required
to pay all fees and meet all licensing and vaccination requirements provided in this
Article. The City of Blair Municipality, or its authorized agent, shall acquire legal title
to any unlicensed dog or other animal or impounded in the designated animal
shelter Animal Shelter after five (5) days. All dogs or other animal or animals which
are shall be destroyed under the provisions of this Section. shall be destroyed and
buried in the summary and humane manner as prescribed by the Board of Health.
For the purposes of this Article, impoundment shall be deemed to have
occurred when the doe or other animal or animals has been captured, secured and
placed into a vehicle for transportation to the designated animal shelter Municipal
Animal Shelter or designated animal shelter. (Ref. 16 -236, 71 -4408 RS Neb.)"
SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 4. That 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 le day of October, 2000.
CITY OF BLAIR, NEBRASKA
ATTE
BRENDA R. TAYLOR, ' Y 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 duly
passed and approved at a regular meeting of the Mayor and City Council of said City held on the 10
day of October, 2000.
BRENDA R. TAYLOR, C
CLERK
ORDINANCE NO. 1918
AN ORDINANCE ACCEPTING THE DEDICATION OF A PARCEL OF REAL ESTATE IN
A PORTION OF TAX LOTS 157 AND 187 IN SECTION 13, TOWNSHIP 18 NORTH, RANGE 11
EAST OF THE 6 P.M., WASHINGTON COUNTY, NEBRASKA, AND DECLARING THE PORTION
OF SAID STRIP TO BE NAMED "WILBUR STREET' AND DEDICATED AS A PUBLIC STREET
IN THE CITY OF BLAIR, NEBRASKA; AND ACCEPTING THE TERMS OF AN AGREEMENT
BETWEEN THE CITY OF BLAIR, NEBRASKA AND STRATBUCKER FARMS, LTD.; 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 1. That attached hereto, marked Exhibit "A" and incorporated by this reference
herein, is a strip of land which has been transferred and conveyed by Stratbucker Farms, Ltd. unto the
City of Blair, Nebraska, and the City of Blair, Nebraska does hereby accept such transfer and does
hereby dedicate such area to be a public street and the same is hereby named "Wilbur Street".
SECTION 2. That attached hereto, marked Exhibit `B" and incorporated by this reference
herein, is a copy of an Agreement between the City of Blair, Nebraska, and Stratbucker Farms, Ltd., in
regard to the transfer and conveyance of the real estate described on Exhibit "A" and providing for
certain terms and provisions regarding special assessments and street access to Wilbur Street.
SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 5. This ordinance shall be in full force and effect from and following the
passage and publication hereof as required by law.
PASSED AND APPROVED this 14 day of November, 2000.
CITY OF BLAIR, NEBRASKA
ATTEST:
(SEAL)
ofNovember, 2000.
BRENDA.R. TAYLOR, • CLERK
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 14 day
BRENDA R. TAYLOR!ITY CT ARK
AGREEMENT
This Agreement and entered into J f1-` , 2000 by and between the City of
Blair, Nebraska, hereinafter referred to as "City" and Strabucker Farms Limited, hereinafter
referred to as "Stratbucker ".
Whereas, Stratbucker is the fee simple title owner of the following described real estate:
Tax Lot 187 and Tax Lot 157 in Section 13, Township 18 North,
Range 11 East of the 6 P.M., Washington County, Nebraska.
Whereas, city desires to construct and open a new city street parallel and adjacent to the
Stratbucker real estate and that Stratbucker desires to transfer and convey a Thirty -Three foot
(33') strip of land to the City to be used for a portion of the city Street and other public utilities
and improvements.
For valuable consideration of the mutual covenants and promises herein, the parties
hereto agree as follows:
1. Conveyance: Stratbucker hereby agrees to execute and deliver, within Fourteen
(14) days of the date of execution of this Agreement, a warranty deed transferring,
conveying and gifting to the City of Blair good and marketable fee simple title in and to
the real estate described on Exhibit "A" attached hereto and incorporated by this
reference herein.
2. Street Dedication: City agrees to dedicate a city street to be named "Wilbur
Street" which street is to be constructed on the real estate described on Exhibit "A"
attached hereto and incorporated by this reference herein.
3. Additional Imorovements: City intends to construct and install storm sewer,
sanitary sewer and a water line along and under the real estate acquired from Stratbucker
and adjacent real estate which is to be conveyed by the Blair Area YMCA.
4. Additional Aereements: The parties hereto agree as follows:
a. One half of the costs of the paving, grading, construction and installation
of the paved street (Wilbur Street) and one -half of the cost of the installation of
the sanitary sewer, storm sewer, water line and appurtenances (adjacent to Wilbur
Street) thereto shall be assessed to the remaining portion of the Stratbucker real
estate which remains after the real estate described on Exhibit "A" has been
transferred and conveyed unto City;
b. That the terms of the special assessments will include that the entire one-
half cost of the special assessments assessed to the Stratbucker real estate will be
payable in Ten (10) equal annual installments at an interest rate not to exceed
7.5 %; provided further, that Stratbucker shall be entitled to pre -pay the entire
balance of the special assessments within Fifty (50) days after the total cost of
construction is received by City and City has officially assessed said costs to the
Stratbucker real estate; provided further, that if Stratbucker does not pay the entire
outstanding balance within said 50 day period, the balance will be payable in Ten
(10) equal installments bearing interest at the rate of 7.5% from the date of the
special assessment with the first installment due 50 days after the date of official
assessment and the remaining Nine (9) installments due and payable annually on
the anniversary date of said special assessment; provided further, that any
installments that become delinquent shall bear interest at the delinquency rate of
interest as set by Nebraska law and City shall be entitled to any remedies or causes
of action allowed by Nebraska law as may be amended from time to time in regard
to collection of delinquent special assessments;
c. City agrees that in the event that the Stratbucker or its heirs, successors
and assigns desire to subdivide and develop the Statbucker real estate, that City
agrees that for the area between the existing creek and Highway 75, that the
developer /sub- divider shall be entitled openings onto Wilbur Street for .up to three
platted streets and that for the area east of the existing creek, the developer /sub-
divider shall be entitled to an opening for one platted city street;
d. City agrees that there shall be no fees for the sanitary sewer or water hook-
up to the city sewer line or water line for the Stratbucker real estate which is subject
to the special assessments for the construction of the water line and sanitary sewer
lines.
5. Binding Effect: This Agreement shall be binding upon and enure to the benefit
parties hereto, their heirs, successors and assigns.
CITY OF BLAIR, NEBRASKA
. c__
y ' ICHAEL A ES, MAYO
STRATBUCKER FARMS, LTD.
c
oPri)c),_
1 e4,,v 4.. LORA FISHER
* * MY COMMISSION EXPIRES
inn March 28, 2003
Exhibit "A"
Part of Tax Lots 187 and 157, Lying in the S;EI /4 NW1 /4 and part of Tax Lot
22, lying in the S W I /4 NE 1 /4, all Iying in Section 13, Township 18 North, Range 11
East of the 6th Principal Meridian, Washington County, Nebraska and more
particularly described as follows:
Beginning at the northeast comer of the SEI /4 NWI /4 of Section 13,
Township 18 North. Range I I East and assuming the north line of said SEI /4 NEI /4
to bear S 90 ° 00'00" W; thence N 90 °00'00" E along the north line of the SE1 /4
NEI /4 of said Section 13 a distance of 33.00 feet; thence S 00 ° 03'09" E a distance
of 33.00 feet; thence S 90 °00'00" W parallel to and 33.00 feet south of the north line
of said SE 1 /4 N W 1 /4 a distance of 1245.92 feet to a point on the easterly right-of-
way line of U.S. Highway No. 75; thence N 13 °30'00" W along said easterly highway
right -of -way line a distance of 33.94 feet to a point on the north line of said SEI /4
NW 1/4; thence N 90 °.00'00" E along said north line a distance of 1220.81 feet to the
Point of Beginning; and containing 0.95 Acres, more or less.
AN ORDINANCE AMENDING SECTION 6 -310 AND 6 -333 OF THE MUNICIPAL CODE
OF THE CITY OF BLAIR, NEBRASKA (ORDINANCE NO. 1488), IN SWITCHING THE
FINE FOR JUNK ACCUMULATION AND APPLIANCES IN YARD TO THE SUM OF ONE
HUNDRED DOLLARS ($1 00.00) FOR FIRST OFFENSE, ONE HUNDRED FIFTY
DOLLARS ($150.00) FOR SECOND OFFENSE AND TWO HUNDRED DOLLARS ($200.00)
FOR THIRD OFFENSE, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN
FULL FORCE AND EFFECT.
ORDINANCE NO. 1919
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA, AS FOLLOWS:
SECTION 1. Section 6 -310 of the Municipal Code of the City of Blair, Nebraska, is
hereby amended to read as follows:
"Sec. 6 -310 MISDEMEANORS: APPLIANCES IN YARD. It shall be unlawful for
any person to permit a refrigerator, icebox, freezer, or any other dangerous appliance to
be in the open and accessible to children whether on private or public property unless he
or she shall first remove all doors and make the same reasonably safe. A
conviction for violation of this section shall result in a fine for the first offense in any one
calendar year of the sum of one hundred dollars ($100.00), for the second offense in any
one calendar year the sum of one hundred fifty dollars ($150.00), and for the third offense
and subsequent offenses in any one calendar year the sum of two hundred dollars
($200.00). Each day a refrigerator, ice box, freezer, or any other dangerous appliance is
open, accessible to children, and unsafe shall be deemed a separate violation hereunder."
SECTION 2. Section 6 -333 of the Municipal Code of the City of Blair, Nebraska, is
hereby amended to read as follows:
"Sec. 6 -333 MISDEMEANORS: JUNK ACCUMULATIONS. It shall be unlawful
for any property owner or lessee to allow an accumulation of junk on property that is
located within the corporate limits to the extent that such accumulation is a potential
hazard to the health and safety of the residents of the Municipality.
Junk shall mean old scrap, copper, brass, iron, steel, rope, rags, batteries, paper,
trash, rubber debris, waste, motor vehicles or recreational equipment of any kind
including, but not limited to, motorcycles, all terrain vehicles, automobiles, trucks, boats
and trailers which are not dismantled, unlicensed or unregistered in violation of Chapter
60, Article 3 R.R.S. Nebraska (as amended from time to time), abandoned, inoperable, or
wrecked automobiles, or parts thereof, wood, limbs, vegetation, and other old or scrap
ferrous or nonferrous material.
The City Administrator or the Chief of Police shall have the power to investigate
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 28 day of November, 2000.
ATTEST:
all complaints of violations of this Section and if they find that such property owner or
lessee has allowed such accumulation, they shall cause the property owner or lessee to be
served with written notice directing them to remove the accumulation of junk within five
(5) days of the receipt of said notice.
Any person failing to remove said accumulation within five (5) days after receiving
notice to do so, shall be deemed guilty ofa misdemeanor and a conviction for violation of
this section shall result in a fine for the first offense in any one calendar year of the sum of
one hundred dollars ($100.00), for the second offense in any one calendar year the sum of
one hundred fifty dollars ($150.00), and for the third and subsequent offenses in any one
calendar year the sum of two hundred dollars ($200.00), and the Court, as part of the
judgment, shall order the owner to remove the accumulation of junk. Each day an
accumulation of junk is permitted to exist shall be deemed a separate violation hereunder.
In addition, an authorized agent of the Municipality may cause said jumk or motor vehicles
to be removed at the expense of the owner or lessee, from the land whereon said junk or
motor vehicles exist and the cost of such removal shall be levied, equalized, and assessed
as are other special assessments. (Ord. No. 1280, 5/14/80)
\_,
BRENDA R TAYLOR, CY CLERK
(SEAL)
CITY OF BLAIR, NEBRASKA
STATE OF NEBRASKA
WASHINGTON COUNTY
)ss
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 28 day
of November, 2000.