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2219ORDINANCE NO. 2219 COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION: A SUPPLEMENTAL ORDINANCE AMENDING ORDINANCE NO. 2217 OF THE CITY RELATING TO THE AUTHORIZATION OF THE ISSUANCE OF WATER SYSTEM REVENUE BONDS, SERIES 2012 OF THE CITY OF BLAIR, NEBRASKA, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO NINE MILLION FIVE HUNDRED THOUSAND DOLLARS ($9,500 PROVIDING AS AN OPTION FOR THE CITY TO ISSUE ANY OR ALL OF SAID BONDS AS TAXABLE BONDS; AUTHORIZING THE CITY TO APPLY A PORTION OF THE PROCEEDS TO REFUND CERTAIN TEMPORARY INDEBTEDNESS (IN ADDITION TO OTHER PURPOSES AUTHORIZED IN ORDINANCE NO. 2217); OTHERWISE AFFIRMING AND RATIFYING ORDINANCE NO. 2217; AND PROVIDING FOR PUBLICATION OF THIS SUPPLEMENTAL ORDINANCE IN PAMPHLET FORM. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: Section 1. The Mayor and City Council (the "Council ") of the City of Blair, Nebraska (the "City ") hereby find and determine: (a) By Ordinance No.2217 (the "Authorizing Ordinance "), the Mayor and Council authorized the issuance and sale of up to $9,500,000 of Water System Revenue Bonds, Series 2012 (the "Bonds ") on the terms set forth in the Authorizing Ordinance; and (b) The Authorizing Ordinance contemplates that the Bonds will be issued as bonds, the interest on which is exempt from income for federal income tax purposes ( "Tax- Exempt Bonds "); and (c) Given current market conditions, it may be advantageous to the City to issue some or all of the Bonds as taxable bonds ( "Taxable Bonds "); and (d) The Council desires to supplement the Authorizing Ordinance as provided in this Supplemental Ordinance to provide the City with the option of issuing some or all of the Bonds as Taxable Bonds or Tax - Exempt Bonds; and (e) Capitalized terms used in this Supplemental Ordinance and not otherwise defined herein shall have the meanings provided in the Authorizing Ordinance. Section 2. As and to the extent provided in the Bond Purchase Agreement, the Bonds may be issued as Tax - Exempt Bonds, Taxable Bonds, or a combination of Tax - Exempt Bonds and Taxable Bonds. Bonds issued as Taxable Bonds shall be designated "Water System Revenue Bonds, Series 2012 (Taxable Series)" (or other designation set forth in the Bond Purchase Agreement indicating that such Bonds are Taxable Bonds). The provisions of Sections 20 and 22 of the Authorizing Ordinance shall not apply to any Bonds which are issued as Taxable Bonds. The Bond Purchase Agreement may provide for the establishment of separate funds and /or accounts relating to Taxable Bonds and Tax - Exempt Bonds, as deemed appropriate by such officers. Section 3. In addition to the purposes set forth in Section 1 of the Authorizing Ordinance, the City is hereby further authorized to apply the proceeds of the Bonds to repay temporary indebtedness of the City incurred to pay costs of enlargements, expansions and improvements to the existing waterworks plant and system of the City in the aggregate principal amount of up to $500,000. The officers of the City are hereby authorized and directed to do all things and execute all such documents as may by them be deemed necessary and proper to repay such temporary indebtedness. Section 4. As modified by this Supplemental Ordinance, the Authorizing Ordinance is hereby ratified, confirmed and approved in all respects. Any and all actions taken by the City or any officer thereof in furtherance of the Authorizing Ordinance or this Supplemental Ordinance, are hereby ratified, confirmed and approved in all respects. Section 5. The Council hereby approves and deems final on behalf of the City the form of Preliminary Official Statement with respect to the Bonds presented herewith, and hereby authorizes the Mayor or any member of the Council: (a) to approve and deem final a final form of Preliminary Official Statement including such changes, modifications and /or completions as such officers deem necessary or appropriate, and (b) to approve and deem final, execute (as required) and deliver on behalf of the City a final Official Statement relating to and describing the Bonds. Section 6. 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 Bonds as contemplated by the Authorizing Ordinance as supplemented by this Supplemental Ordinance. Section 7. If any section, paragraph, clause or provision of this Supplemental Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Supplemental Ordinance. Section 8. This Supplemental Ordinance shall be published in pamphlet form. This Supplemental Ordinance is hereby determined to be a measure necessary to carry out the City's contractual obligations as provided for in the Authorizing Ordinance and shall be in force and take effect from and after its passage and approval according to law. PASSED AND APPROVED this 24th day of April, 2012. CITY OF BLAIR, NEBRASKA J S E. REALPH, MAYOR l ATTEST: ER�ENDA R. WHEELER, CITY &LERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 13th day of March, 2012. BRENDA R. WHEELER, CITY CLERK