07/25/2006 Ordinances 9057
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ORDINANCE NO. 9057
AN ORDINANCE AUTHORIZING THE ISSUANCE OF PUBLIC SAFETY T AX ANTICIPATION BONDS
OF THE CITY OF GRAND ISLAND, NEBRASKA, IN THE PRINCIPAL AMOUNT OF SEVEN MILLION
NINE HUNDRED NINETY-FIVE THOUSAND DOLLARS ($7,995,000) FOR THE PURPOSE OF
CONSTRUCTING AND EQUIPPING A NEW LA W ENFORCEMENT CENTER AND FOR THE PAYMENT
OF MISCELLANEOUS COSTS ASSOCIATED THEREWITH; 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 GRAND ISLAND,
NEBRASKA:
Section 1. The Mayor and Council of the City of Grand Island, Nebraska, hereby fmd and determine:
That it is necessary for the City to provide funds for the purpose of constructing a new law enforcement center
and for the payment of miscellaneous costs associated therewith; that in order to pay the cost of the foregoing, it
is necessary and advisable for the City to issue its Public Safety Tax Anticipation Bonds in the amount of
$7,995,000; that the taxable valuation of all taxable property within the City as most recently determined, is
$2,084,825,444; that the City has no outstanding bonds outstanding under the provisions of Section 18-1202
RRS. Neb. 1997, as amended; that pursuant to Section 18-1201 Reissue Revised Statutes of Nebraska, 1997, as
amended, the Mayor and Council of the City of Grand Island do hereby provide for the levying of a special tax, all
~ more specifically described in Section 10 hereof; that all conditions, acts and things required by law to exist or
to be done precedent to the issuance of Public Safety Tax Anticipation Bonds in the amount of $7,995,000
pursuant to Section 18-1202 RRS. Neb. 1997, as amended, do exist and have been done as required by law.
Section 2. To pay the costs specified in Section 1 hereof, there shall be and there are hereby ordered
issued Public Safety Tax Anticipation Bonds, Series 2006, of the City of Grand Island, Nebraska, in the principal
amount of Seven Million Nine Hundred Ninety-five Thousand Dollars ($7,995,000) (the "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 September 1 of each year in the principal amounts as
follows:
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Principal
Amount
$535,000
555,000
570,000
600,000
620,000
645,000
670,000
700,000
725,000
755,000
790,000
830,000
Interest
Rate
3.70%
3.80
3.85
3.90
3.95
4.00
4.00
4.10
4.15
4.20
4.30
4.35
Date of Maturitv
September 1,2007
September 1, 2008
September 1, 2009
September 1, 2010
September 1, 2011
September 1, 2012
September 1,2013
September 1,2014
September 1,2015
September 1,2016
September 1,2017
September 1,2018
The 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 Bonds shall be the date of delivery thereof. Interest on the Bonds, at the
respective rates for each maturity, shall be payable semiannually on March 1 and September 1 of each year,
commencing March 1,2007 (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, 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 of the month immediately preceding the month in which the Interest Payment Date occurs
(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 initial purchaser thereof. 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 amoWlt 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
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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. Cornerstone Bank, National Association, York, Nebraska is hereby designated as the Paying
Agent and Registrar for the Bonds. Said Paying Agent and Registrar shall serve in such capacities under the
tenns of an agreement entitled "Paying Agent and Registrar's Agreement" between the City and said Paying
Agent and Registrar, the form of which is hereby approved. The Mayor and City Clerk are hereby authorized to
execute said agreement in substantially the form presented but with such changes as they shall deem appropriate
or necessary. The Paying Agent and Registrar shall keep and maintain for the City books for the registration and
transfer of the Bonds at its principal corporate trust office in York, Nebraska. 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 principal corporate trust 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 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
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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 of30
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 where the principal corporate trust office
of the Paying Agent and Registrar is located 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. Bonds maturing September I, 2011 and thereafter shall be subject to redemption, in whole or
in part, prior to maturity at any time on or after the fifth anniversary of the date of original issue thereof, at par
plus accrued interest on the principal amount redeemed to the date fixed for redemption. 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 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
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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 Bond partially redeemed, such notice shall specify the portion of the principal amomrt 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:
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UNITED STATES OF AMERICA
STATE OF NEBRASKA
COUNTY OF HALL
PUBLIC SAFETY TAX ANTICIPATION BOND OF
THE CITY OF GRAND ISLAND, NEBRASKA
SERIES 2006
No.
$
Interest Rate
Maturity Date
September 1,
Date of Original Issue
,2006
CUSIP No.
Registered Owner:
Principal Amount:
Dollars ($
)
KNOW ALL PERSONS BY THESE PRESENTS: That the City of Grand Island, in the County of
Hall, 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 semiannually on March 1 and September 1 of each year, commencing March
1,2007 (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
principal corporate trust office of Cornerstone Bank, National Association, the Paying Agent and Registrar, in
York, Nebraska. Interest on this bond due prior to maturity or earlier redemption will be paid on each Interest
Payment Date by a check or draft mailed by the Paying Agent and Registrar to the registered owner of this bond,
as shown on the books of record maintained by the Paying Agent and Registrar, at the close of business on the
fifteenth day of the month immediately preceding the month in which the Interest Payment Date occurs, to such
owner's registered address as shown on such books and records. Any interest not so timely paid shall cease to be
payable to the person entitled thereto as of the record date such interest was payable, and shall be payable to the
person who is the registered owner of this bond (or of one or more predecessor bonds hereto) on such special
record date for payment of such defaulted interest as shall be fixed by the Paying Agent and Registrarwhenever
monies for such purpose become available.
This bond is one of an issue of fully registered bonds of the total principal amount of Seven Million
Nine Hundred Ninety-five Thousand Dollars ($7,995,000), of even date and like tenor except as to date of
maturity, rate of interest and denomination which were issued by the City for the purpose of providing fimds for
the construction and equipping of a law enforcement center and miscellaneous costs associated therewith, in
strict compliance with and in pursuance of Sections 18-1201 and 18-1202 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 September 1, 2011 and thereafter 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. 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.
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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 where the principal corporate trust office of the Paying
Agent and Registrar is located 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 RRS. Neb., 1997, as amended, of not more than 5t per $100 of taxable value on
all the taxable property within the City, which tax shall be sufficient in rate and amount to fully pay the principal
and interest of 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 out of the funds derived from
such tax. The City reserves the right to appropriate and apply monies available from the levy of a local option
sales taxpursuantto Sections 77-27,141 through 77-27,148, RRS. Neb. 2003, to the payment of the principal
and interest on this bond and the other bonds of this issue.
AS PROVIDED IN THE ORDINANCE REFERRED TO HEREIN, UNTIL THE TERMINA nON OF
THE SYSTEM OF BOOK-ENTRY-ONL Y 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 PA YTNG AGENT AND REGISTRAR DTC OR A NOMINEE, TRANSFEREE OR
ASSIGNEE OF DTC OF THIS BOND MA YNOT RELY UPON THE PRINCIP ALAMOUNT 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 Grand Island, 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.
CITY OF GRAND ISLAND, NEBRASKA
Mayor
ATTEST:
City Clerk
(SEAL)
Certificate of Authentication
This bond is one of the bonds authorized by ordinance of the Mayor and Council of the City of Grand
Island, in the County of Hall, in the State of Nebraska, described in the foregoing bond.
Cornerstone Bank, National Association
York, Nebraska
Paying Agent and Registrar
By:
Authorized Signature
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(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.
INSURANCE PROVISION
Financial Guaranty Insurance Policy No._ (the "Policy") with respect to payments due for principal of and
interest on this Bond has been issued by Ambac Assurance Corporation ("Ambac Assurance"). The Policy has
been delivered to The Bank of New York, New York, New York, as the Insurance Trustee under said Policy and
will be held by such Insurance Trustee or any successor insurance trustee. The Policy is on fIle and available for
inspection at the principal office of the Insurance Trustee and a copy thereof may be secured from Ambac
Assurance or the Insurance Trustee. All payments required to be made under the Policy shall be made in
accordance with the provisions thereof. The owner of this Bond acknowledges and consents to the subrogation
rights of Ambac Assurance as more fully set forth in the Policy.
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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. 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 [mancial 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.
(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.
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(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 and the tenns
of the Paying Agent and Registrar's Agreement.
(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 for any reason the Depository is terminated or resigns and is not replaced, the City shall inunediately
provide a supply of printed 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 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 authenticated by the Paying Agent and Registrar. Thereafter 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 initial purchaser thereof The Bonds are hereby sold to said purchaser for the smn
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of$7 ,866,215.10, which sum represents a discount to the stated principal amount in the sum of $128,784.90, of
which $107,932.50 is attributable to underwriter's discount and $20,852.40 in aggregate is attributable to
original issue discount, allocated to the specific maturities of principal as follows:
Date Total Total Price for each
Principal Principal Original Issue Discount $100 of
Maturini! Amount Maturini! Der Maturitv PrinciDal
9-01-2013 $ 670,000 $ 2,030.1 0 $ 99.697
9-01-2014 700,000 2,366.00 99.662
9-01-2015 725,000 2,697.00 99.628
9-01-2016 755,000 4,273.30 99.434
9-01-2017 790,000 4,115.90 99.479
9-01-2018 830,000 5.370.10 99.353
$20,852.40
The officers of the City (or anyone of them) are hereby authorized to execute and deliver the Bond Purchase
Agreement for and on behalf of the City. Said initial purchaser shall have the right to direct the registration of
the Bonds and the denominations thereof within each maturity, subject to the restrictions of this Ordinance.
Such purchaser and its agents and representatives and the City's 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. The City Clerk
shall make and certify a transcript of the proceedings of the Mayor and Council with respect to the Bonds which
shall be delivered to said purchaser.
Section 9. The proceeds of the Bonds shall be applied to the payment of the costs 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 March 1,2007. Bond insurance premium for
bond insurance as described in Section 14 of this Ordinance shall be paid from the proceeds of the sale of the
Bonds and the Underwriter is hereby authorized to make payment of such premium on behalf of the City directly
to the insurer in connection with its purchase of the Bonds. Expenses of issuance of the Bonds may be paid from
the proceeds of the Bonds.
12
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Section 10. The City agrees that it shall, pursuant to Section 18-120 I RRS. Neb. 1997, as amended,
cause to be levied a special tax so long as any of said Bonds remain outstanding of not more than 5~ per $1 00 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 Bonds of
this issue, 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 Bonds of this issue in such calendar year. Said 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 of this issue or making
redemptions as provided in Section 6 of this ordinance. The City reserves the right to appropriate and apply
monies available from the levy of a local option sales tax pursuant to Sections 77-27,141 through 77-27,148,
RRS. Neb. 2003, to satisfy the City's obligations under this Ordinance with respect to the payment of the
I principal and interest 00 the Bonds.
Section II. 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 fund for the Bonds,
which would cause the Bonds to be arbitrage bonds within the meaning of Sections I 03(b) and 148 of the Internal
Revenue Code of 1986, as amended (the "Code"), and further covenants to comply with said Sections 1 03(b) and
148 and all applicable regulations thereunder throughout the term of said Bond issue. The City hereby covenants
and agrees to take all actions necessary under the Code to maintain the tax exempt status (as to taxpayers
generally) of interest payable on the Bonds.
Section 12. 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
13
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been made or caused to be made in accordance with the terms thereof or (b) shall have been provided for by
depositing with the Paying Agent. and Registrar, or 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 du1y 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 a bank or trust company or the Paying Agent and Registrar
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 or Paying Agent and
I Registrar in excess of the amoont required In pay principal of and interest 00 the Bonds fur which such monies or
U.S. Government Obligations were deposited shall be paid over to the City as and when collected.
Notwithstanding anything in this Ordinance to the contrary, in the event that the principal and/or interest
due on the Bonds shall be paid by Ambac Assurance (as defined in Section 14 below) pursuant to the Financial
Guaranty Insurance Policy (as defined in Section 14 below), the Bonds shall remain outstanding for all purposes,
not be defeased or otherwise satisfied and not be considered paid by the City, and all covenants, agreements and
other obligations of the City to the registered owners shall continue to exist and shall run to the benefit of Ambac
Assurance, and Ambac Assurance shall be subrogated to the rights of such registered owners. Ambac Assurance
will allow the following obligations to be used as Permitted Investments for defeasance purposes in refunding
escrow accounts: (1) cash (insured at all times by the Federal Deposit Insurance Corporation); (2) direct
obligations of the United States of America; or (3) senior debt obligations of other Government Sponsored
Agencies approved by Ambac Assurance.
14
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Section 13. 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 secuntIes information repository (a
"NRMSIR") and to the Underwriter, the City shall provide annual financial and operating
information generally consistent with the information set forth under the heading
"SUMMARY FINANCIAL STATEMENT AND OPERATING STATISTICS" in the
Official Statement for said bonds and its audited fmancial statements; such information is
expected to be available not later than seven months after the end of each fiscal year for the
City. Audited fmancial information shall be provided in accordance with generally accepted
accounting principles;
(b) in a timely manner to each NRMSIR or to the Municipal Securities Rulemaking Board
("MSRB"), notice of the occurrence of any of the following events with respect to the 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 fmancial
difficulties (there are no debt service reserves established for the Bonds
under the terms of this Ordinance),
(4) unscheduled draws on credit enhancements reflecting fmancial
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 Bonds,
(7) modifications to rights of the Bondholders,
(8) bond calls,
(9) defeasances,
(10) release, substitution, or sale of property securing repayment of the 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 MSRB notice of any failure on the part
of the City to provide required annual fmancial information not later than seven months from
the close of the City's fiscal year.
15
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Any filing with respect to the Ordinance may be made solely by transmitting such filing to the Texas Municipal
Advisory Council (the "MAC") as provided at http://www.disclosureusa.orgunless the United States Securities
and Exchange Commission has withdrawn the interpretive advice in its letter to the MAC dated September 7,
2004. 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,
so long as such modification is consistent with the Rule. The City hereby agrees that such covenants are for the
benefit of the registered owners of the 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
this Ordinance. The continuing disclosure obligations of the City under this Ordinance, as described above, shall
cease when none of the Bonds remain outstanding.
Section 14. Financial Guaranty Insurance. The Bonds have been sold to the Underwriter on the basis of
bond insurance to be obtained on behalf of the City. For such purposes the following terms shall apply with
respect to the Bonds:
16
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DefInitions
"Ambac Assurance" shall mean Ambac Assurance Corporation, a Wisconsin-domiciled stock insurance
company.
"Financial Guaranty Insurance Policy" shall mean the fmancial guaranty insurance policy issued by
Ambac Assurance insuring the payment when due of the principal of and interest on the Bonds as provided
therein.
Consent of Ambac Assurance
Any provision of this Ordinance expressly recognizing or granting rights in or to Ambac Assurance may
not be amended in any manner which affects the rights of Ambac Assurance hereunder without the prior written
consent of Ambac Assurance. Ambac Assurance reserves the right to charge the City a fee for any consent or
amendment to this Ordinance while the Financial Guaranty Insurance Policy is outstanding.
Consent of Ambac Assurance in lieu of Bondholder Consent
Unless othenvise provided in this Section, Ambac Assurance's consent shall be required in lieu of
bondholder consent, when required, for the following purposes: (i) execution and delivery of any supplemental
ordinance, (ii) removal of the Paying Agent and Registrar and selection and appointment of any successor Paying
Agent and Registrar; and (iii) initiation or approval of any action not described in (i) or (ii) above which requires
bondholder consent.
Consent of Ambac Assurance in the Event of Insolvency
Any reorganization or liquidation plan with respect to the City must be acceptable to Ambac Assurance.
In the event of any reorganization or liquidation, Ambac Assurance shall have the right to vote on behalf of all
bondholders who hold Ambac Assurance-insured Bonds absent a default by Ambac Assurance under the
applicable Financial Guaranty Insurance Policy insuring such Bonds.
Consent of Ambac Assurance Upon Default
Anything in this Ordinance to the contrary notwithstanding, upon the occurrence and continuance of an event of
default as defmed herein, Ambac Assurance shall be entitled to control and direct the enforcement of all rights
and remedies granted to the bondholders under this Ordinance pursuant to state law. For such purposes an event
of default shall constitute any failure on the part of the City to pay principal and interest on the Bonds as the
same fall due.
Notices to be sent to the attention of the SURVEILLANCE DEPARTMENT:
A. While the Financial Guaranty Insurance Policy is in effect, the City shall furnish to Ambac
Assurance:
(a) as soon as practicable after the fIling thereof, a copy of any fInancial statement of the
City and a copy of any audit and annual report of the City;
(b) such additional information Ambac Assurance may reasonably request.
Upon request by Ambac Assurance, such information shall be delivered at the City's expense to the
attention of the Surveillance Department, unless otherwise indicated.
17
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B. A copy of any notice to be given to the registered owners of the Bonds, including, without
limitation, notice of any redemption of or defeasance of Bonds, and any certificate rendered
pursuant to this Ordinance relating to the security for the Bonds, at no cost to Ambac
Assurance.
C. To the extent that the City has entered into a continuing disclosure agreement with respect to
the Bonds, Ambac Assurance shall be included as party to be notified.
Notices to be sent to the attention of the GENERAL COUNSEL OFFICE:
The City shall notify Ambac Assurance of any failure of the City to provide relevant notices,
certificates, etc.
Notwithstanding any other provision of this Ordinance, the City shall immediately notify Ambac
Assurance if at any time there are insufficient moneys to make any payments of principal and/or interest as
required and immediately upon the occurrence of any event of default hereunder.
Other Information to be given to Ambac Assurance:
The City will permit Ambac Assurance to discuss the affairs, fmances and accounts of the City or any
information Ambac Assurance may reasonably request regarding the security for the Bonds with appropriate
officers of the City. The City will permit Ambac Assurance to have access to the project fmanced by the Bonds
and have access to and to make copies of all books and records relating to the Bonds at any reasonable time.
Ambac Assurance shall have the right to direct an accounting at the City's expense, and the City's
failure to comply with such direction within thirty (30) days after receipt of written notice of the direction from
Ambac Assurance shall be deemed a default hereunder; provided, however, that if compliance cannot occur
within such period, then such period will be extended so long as compliance is begun within such period and
diligently pursued, but only if such extension would not materially adversely affect the interests of any registered
owner of the Bonds.
Payment Procedure Pursuant to the Financial Guaranty Insurance Policy
As long as the bond insurance shall be in full force and effect, the City and the Paying Agent and Registrar agree
to comply with the following provisions:
(a) At least one (1) day prior to all Interest Payment Dates the Paying Agent and Registrar will
determine whether there will be sufficient funds available to pay the principal of or interest on the
Bonds on such Interest Payment Date. If the Paying Agent and Registrar determines that there will be
insufficient funds available, the Paying Agent and Registrar shall so notify Ambac Assurance. Such
notice shall specify the amount of the anticipated deficiency, the Bonds to which such deficiency is
applicable and whether such Bonds will be deficient as to principal or interest, or both. If the Paying
Agent and Registrar has not so notified Ambac Assurance at least one (1) day prior to an Interest
Payment Date, Ambac Assurance will make payments of principal or interest due on the Bonds on or
before the first (1 st) day next following the date on which Ambac Assurance shall have received notice
of nonpayment from the Paying Agent and Registrar.
(b) The Paying Agent and Registrar shall, after giving notice to Ambac Assurance as provided in (a)
above, make available to Ambac Assurance and, at Ambac Assurance's direction, to The Bank of New
18
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York, as insurance trustee for Ambac Assurance or any successor insurance trustee (the "Insurance
Trustee"), the registration books of the City maintained by the Paying Agent and Registrar and all
records relating to any funds and accounts maintained under this Ordinance by the Paying Agent and
Registrar.
(c) The Paying Agent and Registrar shall provide Ambac Assurance and the Insurance Trustee with a
list of registered owners of the Bonds entitled to receive principal or interest payments from Ambac
Assurance under the terms of the Financial Guaranty Insurance Policy, and shall make arrangements
with the Insurance Trustee (i) to mail checks or drafts to the registered owners of Bonds entitled to
receive full or partial interest payments from Ambac Assurance and (ii) to pay principal upon Bonds
surrendered to the Insurance Trustee by the registered owners of Bonds entitled to receive full or partial
principal payments from Ambac Assurance.
I
(d) The Paying Agent and Registrar shall, at the time it provides notice to Ambac Assurance pursuant
to (a) above, notify registered owners of Bonds entitled to receive the payment of principal or interest
thereon from Ambac Assurance (i) as to the fact of such entitlement, (ii) that Ambac Assurance will
remit to them all or a part of the interest payments next coming due upon proof of bondholder
entitlement to interest payments and delivery to the Insurance Trustee, in form satisfactory to the
Insurance Trustee, of an appropriate assignment of the registered owner's right to payment, (iii) that
should they be entitled to receive full payment of principal from Ambac Assurance, they must surrender
their Bonds (along with an appropriate instrument of assignment in form satisfactory to the Insurance
Trustee to permit ownership of such Bonds to be registered in the name of Ambac Assurance) for
payment to the Insurance Trustee, and not the Paying Agent and Registrar, and (iv) that should they be
entitled to receive partial payment of principal from Ambac Assurance, they must surrender their Bonds
for payment thereon fIrst to the Paying Agent and Registrar, who shall note on such Bonds the portion
of the principal paid by the Paying Agent and Registrar and then, along with an appropriate instrument
of assignment in form satisfactory to the Insurance Trustee, to the Insurance Trustee, which will then
pay the unpaid portion of principal.
( e) In the event that the Paying Agent and Registrar has notice that any payment of principal of or
interest on a Bond which has become Due for Payment (as defmed in the Financial Guaranty Insurance
Policy) and which is made to a bondholder by or on behalf of the City has been deemed a preferential
transfer and theretofore recovered from its registered owner pursuant to the United States Bankruptcy
Code by a trustee in bankruptcy in accordance with the fmal, nonappealable order of a court having
competent jurisdiction, the Paying Agent and Registrar shall, at the time Ambac Assurance is notifIed
pursuant to (a) above, notify all registered owners that in the event that any registered owner's payment
is so recovered, such registered owner will be entitled to payment from Ambac Assurance to the extent
of such recovery if suffIcient funds are not otherwise available, and the Paying Agent and Registrar
shall furnish to Ambac Assurance its records evidencing the payments of principal of and interest on the
Bonds which have been made by the Paying Agent and Registrar and subsequently recovered from
registered owners and the dates on which such payments were made.
(f) In addition to those rights granted Ambac Assurance under this Ordinance, Ambac Assurance shall,
to the extent it makes payment of principal of or interest on the Bonds, become subrogated to the rights
of the recipients of such payments in accordance with the terms of the Financial Guaranty Insurance
Policy, and to evidence such subrogation (i) in the case of subrogation as to claims for past due interest,
the Paying Agent and Registrar shall note Ambac Assurance's rights as subrogee on the registration
books of the City maintained by the Paying Agent and Registrar upon receipt from Ambac Assurance of
proof of the payment of interest thereon to the registered owners of the Bonds, and (ii) in the case of
19
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subrogation as to claims for past due principal, the Paying Agent and Registrar shall note Ambac
Assurance's rights as subrogee on the registration books of the City maintained by the Paying Agent
and Registrar upon surrender of the Bonds by the registered owners thereof together with proof of the
payment of principal thereof.
Ambac as Third Party Beneficiary
To the extent that this Ordinance confers upon or gives or grants to Ambac Assurance any right, remedy
or claim under or by reason of this Ordinance, Ambac Assurance is hereby explicitly recognized as being a third-
party beneficiary hereunder and may enforce any such right remedy or claim conferred, given or granted
hereunder.
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
appropriate 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.
Passed and approved this d 5
:::\ u. \~
, 2006.
day of
Attest:
QJ'\<to ~I2~,
City Clerk
(SEAL)
20
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