2298ORDINANCE NO. 2298
COUNCIL MEMBER HANSEN INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF PUBLIC SAFETY EQUIPMENT
TAX ANTICIPATION BONDS OF THE CITY OF BLAIR, NEBRASKA, IN THE
PRINCIPAL AMOUNT OF UP TO ONE HUNDRED FIFTY THOUSAND DOLLARS
($150,000) FOR THE PURPOSE OF PAYING THE COST OF CERTAIN PUBLIC SAFETY
EQUIPMENT AND MISCELLANEOUS COSTS ASSOCIATED THEREWITH; DIRECTING
THE APPLICATION OF THE PROCEEDS OF THE BONDS; PRESCRIBING THE FORM
OF THE BONDS; PROVIDING FOR THE LEVY AND COLLECTION OF TAXES TO PAY
THE SAME; PROVIDING FOR THE SALE OF THE BONDS; AUTHORIZING OFFICERS
OF THE CITY TO ESTABLISH THE FINAL TERMS 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,
Section 1. The Mayor and City Council of the City of Blair, Nebraska (the "City")
hereby find and determine that:
(a) it is necessary for the City to provide funds for the purpose of purchasing a
new air pack system and related equipment and to pay miscellaneous costs associated
therewith (the "Project") for the City's fire department, in cooperation with the Blair
Rural Fire Protection District under the terms of an Interlocal Cooperation Act
Agreement (the "Interlocal Agreement"), the proposed form of which has been prepared
and submitted for approval by the Council;
(b) in order to pay the cost of the Project it is necessary and advisable for the
City to issue its Public Safety Equipment Tax Anticipation Bonds in the amount of up to
$150,000;
(c) there are outstanding under the provisions of Section 18-1201 R.R.S. Neb.
2012, as amended (the "Act") the following Public Safety Equipment Tax Anticipation
Bonds of the City:
Principal Amount
Issue Date of Issue Outstanding Final Maturity
Public Safety Equipment Tax
Anticipation Bonds, Series 2008 02/26/08
(the "Outstanding Bonds");
$42500 03/01/23
(d) the special tax authorized under the Act is sufficient to provide for
payment of the principal of and interest on the Outstanding Bonds and the bonds herein
authorized (as well as any excess sinking funds required by the Act); and
(e) all conditions, acts and things required to exist or to be done precedent to
the issuance of public safety equipment tax anticipation bonds of the City in the principal
amount of up to One Hundred Fifty Thousand Dollars ($150,000) pursuant to the Act do
exist and have been done as required by law.
Section 2. To provide for the payment of the costs specified in Section 1 hereof, there
shall be and there are hereby ordered issued Public Safety Equipment Tax Anticipation Bonds,
Series 2015, of the City, in the principal amount of up to One Hundred Fifty Thousand Dollars
($150,000) (the "Bonds") with the 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 as
provided the Designation (as hereinafter defined); provided, that the Bonds shall mature, be
subject to redemption, bear such series designation, be issuable as taxable or tax-exempt bonds,
shall bear interest at the rate or rates per annum and shall be issued and sold on such other terms
as shall be determined in a written designation (the "Designation") signed by the Mayor or City
Administrator of the City (each, an "Authorized Officer") on behalf of the City and which may
be agreed to by the Purchaser identified pursuant to Section 10 below, all within the following
limitations:
(a) the aggregate principal amount of the Bonds shall not exceed the
maximum amount set forth in this Section 2;
(b) the true interest cost of the Bonds shall not exceed 2.5%;
(c) the aggregate amount of original issue premium and original issue
discount (if any) may result in an aggregate net original issue discount (if any) provided
that the net proceeds of the Bonds are sufficient to pay the costs of the Project;
(d) the longest maturity of the Bonds may not be later than January 1, 2031;
(e) two or more of the principal maturities may be combined and issued as
"term bonds" and the Authorized Officer may determine the mandatory sinking fund
payments and mandatory redemption amounts (any Bonds issued as "term bonds" shall
be redeemed at a redemption price equal to 100% of the principal amount thereof plus
accrued interest thereon to the date of redemption and may be selected for redemption by
any random method of selection determined appropriate by the Registrar (as hereinafter
designated) or by the Depository (as hereinafter designated)).
The Authorized Officers (or any one of them) are hereby authorized to make such determinations
on behalf of the Board and to evidence the same by execution and delivery of the Designation
and such determinations, when made and agreed to by the Purchaser, shall constitute the action
of the Board without further action of the Board.
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The Bonds shall be issued in fully registered form in the denomination of $5,000 or any
integral multiple thereof. The Bonds shall bear date of original issue of the date of delivery
thereof. Interest on the Bonds, at the respective rates for each maturity, shall be payable
semiannually on such dates and commencing on such date as set out in the Designation (each of
said dates an "Interest Payment Date") and the Bonds shall bear such interest from the date of
original issue or the most recent Interest Payment Date to which interest has been paid or
provided for, whichever is later. The interest due on each Interest Payment Date shall be payable
to the registered owners of record as of the close of business on the fifteenth day immediately
preceding the Interest Payment Date (or such other record date as may be set out in the
Designation, the "Record Date"), subject to the provisions of Section 4 hereof. The Bonds shall
be numbered from 1 upwards in the order of their issuance. No 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 Bonds issued shall be designated by the City's
Treasurer as directed by the Purchaser. Payments of interest due on the Bonds prior to maturity
or date of redemption shall be made by the Paying Agent and Registrar, as designated pursuant
to Section 3 hereof, by mailing a check or draft in the amount due for such interest on each
Interest Payment Date to the registered owner of each Bond, as of the Record Date for such
Interest Payment Date, to such owner's registered address as shown on the books of registration
as required to be maintained in Section 3 hereof. Payments of principal 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
Bonds to said Paying Agent and Registrar. The City and said Paying Agent and Registrar may
treat the registered owner of any Bond as the absolute owner of such Bond for the purpose of
making payments thereon and for all other purposes and neither the City nor the Paying Agent
and Registrar shall be affected by any notice or knowledge to the contrary, whether such Bond or
any installment of interest due thereon shall be overdue or not. All payments on account of
interest or principal made to the registered owner of any 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 Bonds or claims for interest to the extent
of the sum or sums so paid.
Section 3. The City Treasurer is hereby designated as the Paying Agent and Registrar for
the Bonds provided that the City reserves the right to designate a bank or trust company to serve
in such capacity and upon such agreed terms as shall be determined by the Mayor and Council.
The Paying Agent and Registrar shall keep and maintain for the City books for the registration
and transfer of the Bonds at the City offices. The names and registered addresses of the
registered owner or owners of the Bonds shall at all times be recorded in such books. Any 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 owner's or owners' risk and expense), registered in the name
of such transferee owner or owners, a new Bond or Bonds of the same interest rate, aggregate
principal amount and maturity. To the extent of the denominations authorized for the Bonds by
this Ordinance, one Bond may be transferred for several such Bonds of the same interest rate and
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maturity, and for a like aggregate principal amount, and several such Bonds may be transferred
for one or several such Bonds, respectively, of the same interest rate and maturity and for a like
aggregate principal amount. In every case of transfer of a Bond, the surrendered Bond shall be
canceled and destroyed. All Bonds issued upon transfer of the Bonds so surrendered shall be
valid obligations of the City evidencing the same obligations as the Bonds surrendered and shall
be entitled to all the benefits and protection of this Ordinance to the same extent as the Bonds
upon transfer of which they were delivered. The City and said Paying Agent and Registrar shall
not be required to transfer any Bond during any period from any Record Date until its
immediately following Interest Payment Date or to transfer any Bond called for redemption for a
period of thirty (30) days next preceding the date fixed for redemption.
Section 4. In the event that payments of interest due on the 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 Bonds as of a special date of record for payment of such defaulted interest as shall be
designated by the Paying Agent and Registrar whenever monies for the purpose of paying such
defaulted interest become available.
Section 5. If the date for payment of the principal of or interest on the Bonds shall be a
Saturday, Sunday, legal holiday or a day on which banking institutions in the City are authorized
by law or executive order to close, then the date for such payment shall be the next succeeding
day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions
are authorized to close, and payment on such day shall have the same force and effect as if made
on the nominal date of payment.
Section 6. The Bonds shall be subject to redemption, in whole or in part, prior to
maturity at any time on or after the fifth (5th) anniversary of the date of original issue thereof, at
par (or such other redemption price or prices as may be set out in the Designation) plus accrued
interest on the principal amount redeemed to the date fixed for redemption. Any Bonds issued as
term bonds as provided in the Designation are required to be redeemed in part prior to their
stated maturity in accordance with the applicable mandatory sinking fund schedule(s) provided
in the Designation. Such scheduled mandatory redemptions shall be at a price equal to 100% of
the principal amount redeemed plus interest accrued on the principal amount being redeemed to
the date fixed for redemption. The Paying Agent and Registrar shall select the Term Bonds for
mandatory redemption using any random method of selection deemed appropriate by the Paying
Agent and Registrar, subject to the provisions of Section 8 hereof.
The City may select the Bonds to be redeemed in its sole discretion but the Bonds shall
be redeemed only in amounts of $5,000 or integral multiples thereof. Bonds redeemed in part
only shall be surrendered to said Paying Agent and Registrar in exchange for new Bonds
evidencing the unredeemed principal thereof. Notice of redemption of any Bond called for
redemption shall be given at the direction of the City by said Paying Agent and Registrar by mail
not less than thirty (30) days prior to the date fixed for redemption, first class, postage prepaid,
sent to the registered owner of such Bond at said owner's registered address. Such notice shall
designate the 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
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prepayment at the office of said Paying Agent and Registrar. Notice of redemption of any Term
Bonds called for mandatory redemption shall be given without further direction by the City. In
case of any 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 Bond shall
affect the sufficiency of the proceedings of the City designating the Bonds called for redemption
or the effectiveness of such call for 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 7. The Bonds shall be in substantially the following form:
E
UNITED STATES OFA ERICA
STATE OF NEBRASKA
COUNTY OF WASHINGTON
PUBLIC SAFETY EQUIPMENT TAX ANTICIPATION BOND
OF THE CITY OF BLAIR, NEBRASKA
SERIES 2015
No. $
Interest Rate Maturity Date Date of Original Issue CUSIP No.
20 , 2015
Registered Owner:
Principal Amount:
Dollars ($
KNOW ALL PERSONS BY THESE PRESENTS: That the City of Blair, in the County
of Washington, in the State of Nebraska (the "City"), 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 to which interest has been paid or
provided for, whichever is later, at the rate per annum specified above, payable semiannually on
and of each year, commencing , 20 (each of said
dates an "Interest Payment Date"). Said interest shall be computed on the basis of a 360 -day
year consisting of twelve 30 -day months. The principal hereof and unpaid accrued interest
thereon due at maturity or upon redemption prior to maturity are payable upon presentation and
surrender of this bond at the office of the City Treasurer, the Paying Agent and Registrar, in
Blair, Nebraska. Interest on this bond due prior to maturity or earlier redemption will be paid on
each Interest Payment Date by a check or draft mailed by the Paying Agent and Registrar to the
registered owner of this bond, as shown on the books of record maintained by the Paying Agent
and Registrar, at the close of business on the fifteenth (15th) day of the month immediately
preceding the Interest Payment Date, to such owner's registered address as shown on such books
and records (the "Record Date"). 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
Dollars ($ ), of even date and like tenor except as to date of
maturity, rate of interest and denomination which were issued by the City for the purpose of
paying the cost of paying the costs of public safety equipment and miscellaneous costs associated
therewith, all in strict compliance with Sections 18-1201 and 18-1202 R.R.S. Neb. 2012, 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 (the
"Ordinance").
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Bonds of this issue 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 thereof, [at par] plus
interest accrued on the principal amount redeemed to the date fixed for redemption.
[Bonds of this issue maturing on , 20_ (the "Term Bonds") are required to
be redeemed prior to their stated maturity, commencing on , 20 , and continuing
on of each year thereafter, in part, which redemptions shall be in the years and
for the principal amounts set forth below:
Year of Redemption Amount Required to be Redeemed
(final maturity)
Such mandatory redemptions shall be at a price equal to 100% of the principal amount redeemed
plus interest accrued on the principal amount being redeemed to the date fixed for redemption.
The Paying Agent and Registrar shall select the Term Bonds for mandatory redemption using
any random method of selection deemed appropriate by the Paying Agent and Registrar.]
Notice of redemption shall be given by mail to the registered owner of any bond to be
redeemed at said registered owner's address in the manner specified in the Ordinance.
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,
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.
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 City has agreed to make a special levy of taxes as permitted by Section 18-1201
R.R.S. Neb., 2012, as amended, of not more than 50 per $100 of taxable value on all the taxable
h
property within the City, which tax shall be sufficient in rate and amount to fully pay the
principal and interest of the Outstanding Bonds (as defined in the Ordinance), this bond and the
other bonds of this issue as the same become due. The City agrees that said bonds shall be
secured by such tax so assessed and levied and shall be payable only out of the funds derived
from such tax.
[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.
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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 or affixed
hereto, all as of the date of original issue specified above.
ATTEST:
(Do not sign)
City Clerk
(SEAL)
CITY OF BLAIR, NEBRASKA
(Do not sign)
Mayor
I NUNN -
ill Ill ti X" 6N I %9AIT4 I Lljlz
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.
(Do not sign)
City Treasurer, as Paying Agent and
Registrar for the City of Blair, Nebraska
(Form of Assignment)
For value received hereby sells, assigns and transfers unto
(Social Security or Taxpayer I.D. No. ) the within bond and hereby irrevocably
constitutes 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)
Signature Guaranteed
By
Authorized Officer(s)
Note: The signature(s) on this assignment MUST CORRESPOND with the name(s) as written
on the face of the within bond in every particular, without alteration, enlargement or any change
whatsoever, and must be guaranteed by a commercial bank or a trust company or by a firm
having membership on the New York, Midwest or other stock exchange.
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Section 8. Each of the 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.
Unless it is determined otherwise in the Designation, the 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
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 Bonds. With respect to the issuance of the 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 Bonds as securities depository (each, a "Bond Participant") or to any
person who is an actual purchaser of a Bond from a Bond Participant while the 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
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 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 Bonds.
The Paying Agent and Registrar shall make payments with respect to the 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 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 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 Bonds or (ii) to make
available Bonds registered in whatever name or names as the Beneficial Owners
transferring or exchanging such Bonds shall designate.
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(c) If the City determines that it is desirable that certificates representing the
Bonds be delivered to the ultimate beneficial owners of the 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 Bonds. In such
event, the Paying Agent and Registrar shall issue, transfer and exchange bond
certificates representing the 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 Bond is registered in the name of the Depository or any nominee thereof, all
payments with respect to such Bond and all notices with respect to such Bond shall be
made and given, respectively, to the Depository as provided in the Letter of
Representations.
(e) Registered ownership of the Bonds may be transferred on the books of
registration maintained by the Paying Agent and Registrar, and the Bonds may be
delivered in physical form to the following:
(i) any successor securities depository or its nominee; or
(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 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 Bonds
issued to the Depository or its nominee shall contain a legend to such effect.
If the Bonds are not initially issued as book -entry bonds, or if for any reason the Depository is
terminated or 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 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 Bonds shall not be valid and binding on the City until
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authenticated by the Paying Agent and Registrar.
Section 9. The Bonds shall be delivered to the Paying Agent and Registrar for
registration and authentication. Upon execution, registration, and authentication of the Bonds,
they shall be delivered to the City Treasurer, who is authorized to deliver them to Ameritas
Investment Corp., as underwriter (or to any other purchaser that may be identified in the
Designation; hereinafter the "Purchaser") as initial purchaser thereof. The Bonds are hereby sold
to said Purchaser for the sum set forth in the Designation, which sum shall not be less than %
of the stated principal amount of the Bonds, plus or minus original issue discount and/or
premium (within the limitations of Section 2), plus accrued interest thereon, if any, to date of
payment for the Bonds. Such Purchaser and its agents, representatives and counsel (including its
bond counsel) are hereby authorized to take such actions on behalf of the City as are necessary to
effectuate the closing of the issuance and sale of the Bonds, including without limitation,
authorizing the release of the Bonds by the Depository at closing. Said initial Purchaser shall
have the right to direct the registration of the 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 Treasurer of the City shall maintain a record of information with respect
to the Bonds as required under Section 10-140, R.R.S. 2012, and shall cause the same to be filed
in the office of the Auditor of Public Accounts of the State of Nebraska. The City Clerk shall
make and certify a duplicate transcript of the proceedings of the Mayor and Council with respect
to the Bonds which shall be delivered to said Purchaser. The officers of the City are further
authorized to take such actions as such officers may deem necessary or appropriate in order to
carry out the terms of this Ordinance.
Section 10. The proceeds of the Bonds shall be applied to the payment of the costs of the
Project as described in Section 1 hereof upon order of the Mayor and Council. Accrued interest
received from the sale of the Bonds, if any, shall be applied to pay interest falling due on said
Bonds on June 15, 2015. Expenses of issuance of the Bonds may be paid from the proceeds of
the Bonds.
Section 11. The City agrees that it shall, pursuant to Section 18-1201 R.R.S. Neb. 2012,
as amended, levy a special tax so long as any of the Outstanding Bonds and the Bonds remain
outstanding of not more than 5 ¢ per $100 of taxable value on all the taxable property within the
City. The City further agrees that such tax shall be levied in such amount so that in each
calendar year in which payments of principal and interest fall due on the Outstanding Bonds and
the Bonds, the anticipated amount to be collected from such tax shall be an amount of not less
than [112%] of the total amount of principal and interest payable on the Outstanding Bonds and
the Bonds in such calendar year. The Outstanding Bonds and the Bonds shall be secured by such
tax and shall be payable out of the funds derived from such tax. On receipt of such taxes, the
City Treasurer shall hold such tax in a separate fund for the purpose of paying the Bonds and the
Outstanding Bonds or making redemptions as provided in Section 6 of this Ordinance.
Section 12. The City hereby covenants to the purchasers and holders of the Bonds hereby
authorized that it will make no use of the proceeds of said bond issue, including monies held in
any sinking fiend for the Bonds, which would cause the Bonds to be arbitrage bonds within the
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meaning of Sections 103(b) and 148 of the Internal Revenue Code of 1986, as amended (the
"Code"), and further covenants to comply with said Sections 103(b) and 148 and all applicable
regulations thereunder throughout the term of said bond issue. The City hereby covenants and
agrees to take all actions necessary under the Code to maintain the tax exempt status (as to
taxpayers generally) of interest payable on the Bonds. The City hereby designates the Bonds as
its "qualified tax-exempt obligations" pursuant to Section 265(b)(3)(B)(i)(III) of the Code and
covenants and warrants that it does not reasonably expect to issue tax-exempt bonds or other tax-
exempt obligations aggregating in principal amount more than $10,000,000 during calendar year
2015 (taking into consideration the exception for current refunding issues).
Section 13. The City's obligations under this Ordinance with respect to any or all of the
Bonds herein authorized shall be fully discharged and satisfied as to any or all of such Bonds and
any such Bond shall no longer be deemed to be outstanding hereunder if such 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 and/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 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 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
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. Without in any way limiting the power, authority or discretion elsewhere
herein granted or delegated, the Mayor and the City Council hereby authorize and direct all of the
officers, employees and agents of the City to carry out, or cause to be carried out, and to perform
such obligations of the City and such other actions as they, or any one of them, shall consider
necessary, advisable, desirable, or appropriate in connection with this ordinance, and the issuance,
sale and delivery of the Bonds, including, without limitation and whenever appropriate, the
execution and delivery thereof and of all other related documents (including the Bond Purchase
Agreement), instruments, certifications and opinions; and delegates, authorizes and directs the
Mayor and the City Administrator (or either one of them) the right, power and authority to exercise
his or her own independent judgment and discretion in determining and finalizing the terms,
provisions, form and contents of each of the foregoing. The execution and delivery by the Mayor
or City Administrator or by any such other officer, officers, agent or agents of the City of any such
documents, instruments, certifications and opinions, or the doing by him or her of any act in
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connection with any of the matters which are the subject of this ordinance, shall constitute
conclusive evidence of both the City's and his or her approval of all changes, modifications,
amendments, revisions and alterations made therein, and shall conclusively establish his or her
authority with respect thereto from the City and the authorization, approval and ratification by the
City of the documents, instruments and certifications so executed and the action so taken.
Section 15. In order to promote compliance with certain federal tax and securities laws
relating to the bonds herein authorized (as well as other outstanding bonds and notes) the policy and
procedures attached hereto as Exhibit "A" (the "Post -Issuance Compliance Policy and Procedures")
are hereby adopted and approved in all respects. To the extent that there is any inconsistency
between the attached Post -Issuance Compliance Policy and Procedures and any similar policy or
procedures previously adopted and approved, the Post -Issuance Compliance Policy and Procedures
shall control.
Section 16. Each Authorized Officer is authorized to prepare, approve and deem final on
behalf of the Village a preliminary offering circular or official statement, as applicable, for use
by the Underwriter in connection with the offering and sale of the Bonds, and to approve a final
offering circular or official statement, as applicable, in accordance with any applicable governing
laws, rules or regulations.
Section 17. The attached form of Interlocal Agreement is hereby approved, and the
Mayor and City Clerk of the City are hereby authorized and directed to execute and deliver on
behalf of the City said Interlocal Agreement in substantially the form presented but with any
changes as such officers shall deem appropriate for and on behalf of the City, with the execution
of such Agreement by such officers being conclusive evidence of approval of any modification
from the form presented.
[NO FURTHER TEXT ON THIS PAGE]
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Section 18. This Ordinance shall be in force and take effect from and after its passage
and publication in pamphlet form as provided by law.
PASSED AND APPROVED this 10th day of November, 2015.
CITY OF BLAIR, NEBRASKA
AAgES E. REALPH, MAYOR
ATTEST:
BA- DA R. WHEELER, CITY CLERK
(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 and approved at a regular meeting of the Mayor and City Council of said City held on the
10th day of November, 2015.
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t
BRDA R. WHEELER, CITY CLERK
EXHIBIT "A"
POLICY AND PROCEDURES
[SEE ATTACHED]
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Policy and Procedures
Federal Tax Law and Disclosure Requirements for
Tax-exempt Bonds and/or Tax Advantaged Bonds
ISSUER NAME: The City of Blair, Nebraska
COMPLIANCE OFFICER (BY TITLE):City Administrator
It is the policy of the Issuer identified above (the "Issuer") to comply with all Federal tax
requirements and securities law continuing disclosure obligations for its obligations issued as
tax-exempt bonds (or as tax credit, direct pay subsidy or other tax -advantaged bonds, as
applicable) to ensure, as applicable (a) that interest on its tax-exempt bonds remains exempt from
Federal income tax, (b) that the direct payments or tax credits associated with its bonds issued as
tax advantaged bonds are received in a timely manner and (c) compliance with any continuing
disclosure obligations of the Issuer with respect to its outstanding bonds.
Compliance Officer. Review of compliance with Federal tax requirements and securities law
continuing disclosure obligations as generally outlined below shall be conducted by the
Compliance Officer identified above (the "Compliance Officer"). To the extent more than one
person has been delegated specific responsibilities, the Compliance Officer shall be responsible
for ensuring coordination of all compliance review efforts.
Training. The Compliance Officer shall evaluate and review educational resources regarding
post -issuance compliance with Federal tax and securities laws, including periodic review of
resources published for issuers of tax-exempt obligations by the Internal Revenue Service (either
on its website at http://www.irs.gov/taxexemptbond, or elsewhere) and the Municipal Securities
Rulemaking Board (either on its Electronic Municipal Market Access website ["EMMA"] at
http://www.emma.msrb.org, or elsewhere).
Compliance Review. A compliance review shall be conducted at least annually by or at the
direction of the Compliance Officer. The review shall occur at the time the Issuer's annual audit
takes place, unless the Compliance Officer otherwise specifically determines a different time
period or frequency of review would be more appropriate.
Scope of Review.
Document Review. At the compliance review, the following documents (the "Bond Documents")
shall be reviewed for general compliance with covenants and agreements and applicable
regulations with respect to each outstanding bond issue:
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(a) the resolution(s) and/or ordinance(s), as applicable, adopted by the governing body of the
Issuer authorizing the issuance of its outstanding bonds, together with any documents setting
the final rates and terms of such bonds (the "Authorizing Proceedings"),
(b) the tax documentation associated with each bond issue, which may include some or all of the
following (the "Tax Documents"):
(i) covenants, certifications and expectations regarding Federal tax requirements which are
described in the Authorizing Proceedings;
(ii) Form 8038 series filed with the Internal Revenue Service;
(iii)tax certificates, tax compliance agreements, tax regulatory agreement or similar
documents;
(iv) covenants, agreements, instructions or memoranda with respect to rebate or private use;
(v) any reports from rebate analysts received as a result of prior compliance review or
evaluation efforts; and
(vi) any and all other agreements, certificates and documents contained in the transcript
associated with the Authorizing Proceedings relating to federal tax matters.
(c) the Issuer's continuing disclosure obligations, if any, contained in the Authorizing
Proceedings or in a separate agreement (the "Continuing Disclosure Obligations"), and
(d) any communications or other materials received by the Issuer or its counsel, from bond
counsel, the underwriter or placement agent or its counsel, the IRS, or any other material
correspondence relating to the tax-exempt status of the Issuer's bonds or relating to the
Issuer's Continuing Disclosure Obligations.
Use and Timely Expenditure of Bond Proceeds. Expenditure of bond proceeds shall be reviewed
by the Compliance Officer to ensure (a) such proceeds are spent for the purpose stated in the
Authorizing Proceedings and as described in the Tax Documents and (b) that the proceeds,
together with investment earnings on such proceeds, are spent within the timeframes described in
the Tax Documents, and (c) that any mandatory redemptions from excess bond proceeds are
timely made if required under the Authorizing Proceedings and Tax Documents.
Arbitrage Yield Restrictions and Rebate Matters. The Tax Documents shall be reviewed by the
Compliance Officer to ensure compliance with any applicable yield restriction requirements
under Section 148(a) of the Internal Revenue Code (the "Code") and timely calculation and
payment of any rebate and the filing of any associated returns pursuant to Section 148(f) of the
Code. A qualified rebate analyst shall be engaged as appropriate or as may be required under the
Tax Documents.
Use of Bond Financed Property. Expectations and covenants contained in the Bond Documents
regarding private use shall be reviewed by the Compliance Officer to ensure compliance. Bond -
financed properties shall be clearly identified (by mapping or other reasonable means). Prior to
execution, the Compliance Officer (and bond counsel, if deemed appropriate by the Compliance
Officer) shall review (a) all proposed leases, contracts related to operation or management of
bond -financed property, sponsored research agreements, take -or -pay contracts or other
agreements or arrangements or proposed uses which have the potential to give any entity any
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special legal entitlement to the bond -financed property, (b) all proposed agreements which would
result in disposal of any bond -financed property, and (c) all proposed uses of bond -financed
property which were not anticipated at the time the bonds were issued. Such actions could be
prohibited by the Authorizing Proceedings, the Tax Documents or Federal tax law.
Continuing Disclosure. Compliance with the Continuing Disclosure Obligations with respect to
each bond issue shall be evaluated (a) to ensure timely compliance with any annual disclosure
requirement, and (b) to ensure that any material events have been properly disclosed as required
by the Continuing Disclosure Obligation.
Record Keeping. If not otherwise specified in the Bond Documents, all records related to each
bond issue shall be kept for the life of the indebtedness associated with such bond issue
(including all tax-exempt refundings) plus six (6) years.
Incorporation of Tax Documents. The requirements, agreements and procedures set forth in the
Tax Documents, now or hereafter in existence, are hereby incorporated into these procedures by
this reference and are adopted as procedures of the Issuer with respect to the series of bonds to
which such Tax Documents relate.
Consultation Regarding Questions or Concerns. Any questions or concerns which arise as a
result of any review by the Compliance Officer shall be raised by the Compliance Officer with
the Issuer's counsel or with bond counsel to determine whether non-compliance exists and what
measures should be taken with respect to any non-compliance.
VCAP and Remedial Actions. The Issuer is aware of (a) the Voluntary Closing Agreement
Program (known as "VCAP") operated by the Internal Revenue Service which allows issuers
under certain circumstances to voluntarily enter into a closing agreement in the event of certain
non-compliance with Federal tax requirements and (b) the remedial actions available to issuers
of certain bonds under Section 1.141-12 of the Income Tax Regulations for private use of bond
financed property which was not expected at the time the bonds were issued.
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