ALL REQUESTS FOR SIGN LANGUAGE INTERPRETERS (SIGNERS) WILL REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE.

IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A MINIMUM OF 72 HOURS ADVANCE NOTICE.

PLEASE NOTIFY ELIZABETH BUTLER –  CITY CLERK – 402-444-5557, IF ARRANGEMENTS NEED TO BE MADE.

 

CITY OF OMAHA

   Notice is hereby given that the City Council of the City of Omaha met on November 5, 2019 and passed and approved the ordinances entitled:

 

ORDINANCE NO. 42012

   AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone property located southwest of 204th and Q Streets from AG-Agricultural District and MU-Mixed Use District to DR-Development Reserve District. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: Outlots A thru B, Coventry North, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from AG-Agricultural District and MU-Mixed Use District to DR-Development Reserve District. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

   First Reading October 22, 2019; Second Reading October 29, 2019; Third Reading, Public Hearing and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

______

 

ORDINANCE NO. 42013

   AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone property located southwest of 204th and Q Streets from AG-Agricultural District and MU-Mixed Use District to MU-Mixed Use District. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: Lots 2 thru 11, Coventry North, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from AG-Agricultural District and MU-Mixed Use District to MU-Mixed Use District. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

   First Reading October 22, 2019; Second Reading October 29, 2019; Third Reading, Public Hearing and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

______

 

ORDINANCE NO. 42014

   AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone property located northeast of 60th and L Streets from DR-Developmental Reserve District, R3-Single Family Residential District (Medium Density), R7-Medium Density Multiple Family Residential District, CC-Community Commercial District, and GI-General Industrial District to R4-Single Family Residential District (High Density). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: Lot 1, OPS 60th Street Addition, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from DR-Developmental Reserve District, R3-Single Family Residential District (Medium Density), R7-Medium Density Multiple Family Residential District, CC-Community Commercial District, and GI-General Industrial District to R4-Single Family Residential District (High Density). Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

   First Reading October 22, 2019; Second Reading October 29, 2019; Third Reading, Public Hearing and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

______

 

ORDINANCE NO. 42015

   AN ORDINANCE to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located northeast of 60th and L Streets; and to provide for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. In accordance with Sections 55-681 through 55-688 and 55-886 of the Omaha Municipal Code, the official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended so that: Lot 1, OPS 60th Street Addition, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned to be included in and incorporated into the MCC-Major Commercial Corridor Overlay District; provided, that the base zoning district for such property shall not be changed by this ordinance. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

   First Reading October 22, 2019; Second Reading October 29, 2019; Third Reading, Public Hearing and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

______

 

ORDINANCE NO. 42018

   AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone property located northwest of 156th and Ida Streets from AG-Agricultural District to R5-Urban Family Residential District. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: Lots 1-3 and Outlots A-C, OPS Pine Creek Addition, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from AG-Agricultural District to R5-Urban Family Residential District. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

   First Reading October 22, 2019; Second Reading October 29, 2019; Third Reading, Public Hearing and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

______

 

ORDINANCE NO. 42016

   AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone property located southeast of 96th and State Streets from DR-Development Reserve District to R5-Urban Family Residential District. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: Lots 1-168 and Outlots A-L, Lake Cunningham Village, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from DR-Development Reserve District to R5-Urban Family Residential District. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

   First Reading October 22, 2019; Second Reading October 29, 2019; Third Reading, Public Hearing and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

______

 

ORDINANCE NO. 42017

   AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone property located northwest of 13th and Locust Streets from R4-Single Family Residential District (High Density), R5-Urban Family Residential District, R7-Medium-Density Multiple Family Residential District, and HI-Heavy Industrial District to HI-Heavy Industrial District. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: Lot 1, Enterprise Industrial Park, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, is hereby rezoned from R4-Single Family Residential District (High Density), R5-Urban Family Residential District, R7-Medium-Density Multiple Family Residential District, and HI-Heavy Industrial District to HI-Heavy Industrial District. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

   First Reading October 22, 2019; Second Reading October 29, 2019; Third Reading, Public Hearing and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

______

 

ORDINANCE NO. 42019

   AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone property located south of 130th Street and Deer Creek Drive from DR-Development Reserve District to DR-Development Reserve District. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: Lot 1, Deer Creek Replat 21, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, is hereby rezoned from DR-Development Reserve District to DR-Development Reserve District. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

   First Reading October 22, 2019; Second Reading October 29, 2019; Third Reading, Public Hearing and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

______

 

ORDINANCE NO. 42020

   AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone property located south of 130th Street and Deer Creek Drive from DR-Development Reserve District to R4-Single-Family Residential District (High Density). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: Lot 2, Deer Creek Replat 21, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, is hereby rezoned from DR-Development Reserve District to R4-Single-Family Residential District (High Density). Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

First Reading October 22, 2019; Second Reading October 29, 2019; Third Reading, Public Hearing and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

______

 

ORDINANCE NO. 42008

   AN ORDINANCE approving a redevelopment agreement, which incorporates necessary lease and development management agreements, between the City of Omaha, HCD River Crossing Owner, LLC, a Delaware limited liability company, and Hines Interests Limited Partnership, a Delaware limited liability partnership, to implement the River Crossing-Phase 1a Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment site generally bound by Farnam Street on the North, a to-be-constructed 8th Street on the East, a to-be-constructed Harney Street on the South, and 10th Street on the West, which proposes to construct a single building with apartments and retail, which apartments and retail will enclose an approximately 720 space garage, ultimately to be owned and operated by the City; the agreement authorizes the contribution of approximately $15,500,000 toward the expenses associated with construction of the garage, up to $9,000,000 of additional bond financing for various associated public infrastructure improvements, and the use of up to $11,000,000.00, plus accrued interest, in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project, and providing for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA; Section 1. The Mayor is hereby authorized to execute, and the City Clerk to attest, the attached Redevelopment Agreement, including the associated lease and development management agreements necessary to complete the proposed redevelopment, between the City of Omaha, HCD River Crossing Owner, LLC, a Delaware limited liability company and Hines Interests Limited Partnership, a Delaware limited liability partnership, to authorize the contribution of approximately $15,500,000 toward the expenses associated with construction of the garage, up to $9,000,000 of additional bond financing for various associated public infrastructure improvements, and the use of up to $11,000,000.00, plus accrued interest, to offset TIF eligible costs as allowed by the Community Development Law for land acquisition, demolition, site work, utility infrastructure, environmental issues, geotechnical issues and special foundations, architectural, administration and engineering fees, and surveying for the multi-family and retail portion of the project with the applicant contributing $100,000.00 of the TIF loan proceeds to the Downtown Public Improvement Fund, as required, for a project with total estimated costs of $106,500,000.00, all as provided for in the redevelopment agreement; including any other documents in connection with the Redevelopment Agreement necessary or appropriate to consummate the loan. Section 2. Said Redevelopment Agreement contains obligations undertaken pursuant to the Nebraska Community Development Law and Sections 18-2147 through 18-2150; and, are not otherwise obligations of the City of Omaha. Section 3. This Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage.

 

   First Reading October 22, 2019; Second Reading and Public Hearing October 29, 2019; Third Reading and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk 

 

11-13-19

______

 

ORDINANCE NO. 42021

   AN ORDINANCE to approve a Major Amendment to PUR-Planned Unit Redevelopment located at 1011 South Saddle Creek Road, to approve the Development Plan, and to provide for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. In accordance with Sections 55-584 through 55-594 of the Omaha Municipal Code, a Major Amendment to the PUR-Planned Unit Redevelopment and the Development Plan, attached hereto and made a part hereof, are hereby approved, for the following described land in Douglas County, Nebraska: Lot 1, West Side Replat 7, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska Section 2. The proposed Development Plan has been reviewed and evaluated pursuant to, and meets each of, the site plan criteria set forth in Section 55-885 of the Omaha Municipal Code. Section 3. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

   First Reading October 22, 2019; Second Reading October 29, 2019; Third Reading, Public Hearing, and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk 

 

11-13-19

______

 

ORDINANCE NO. 42022

   AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone the property located at 4830 Webster Street from R4(35) Single-Family Residential District (High Density) and R5(35) Urban-Family Residential District to R4-Single-Family Residential District. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: Lot 12 and the north 48.5 feet of Lot 13, Block 124, Dundee Place, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska is hereby rezoned from R4(35) Single-Family Residential District (High Density) and R5(35) Urban-Family Residential District to R4-Single-Family Residential District. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

   First Reading October 22, 2019; Second Reading October 29, 2019; Third Reading, Public Hearing, and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk 

 

11-13-19

______

 

ORDINANCE NO. 42023

   AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone the property located at 1219 Pacific Street from HI-Heavy Industrial District to NBD-Neighborhood Business District (property is also located within an ACI-1-Area of Civic Importance Overlay District). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: Lot 3, Block 252, City Lots, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska is hereby rezoned from HI-Heavy Industrial District to NBD-Neighborhood Business District (property is also located within an ACI-1-Area of Civic Importance Overlay District). Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

   First Reading October 22, 2019; Second Reading October 29, 2019; Third Reading, Public Hearing, and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

______

 

ORDINANCE NO. 42024

   AN ORDINANCE to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located at 11900 Pacific Street; and to provide for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. In accordance with Sections 55-681 through 55-688 and 55-886 of the Omaha Municipal Code, the official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended so that: LANDS SEC-TWN-RGE 20-15-12 N 572 S 622 E 1006 W 1056 FT SW 1/4, in Douglas County, Nebraska is hereby rezoned to be included in and incorporated into the MCC-Major Commercial Corridor Overlay District; provided, that the base zoning district for such property shall not be changed by this ordinance. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

   First Reading October 22, 2019; Second Reading October 29, 2019; Third Reading, Public Hearing, and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

______

 

ORDINANCE NO. 42025

   AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone the property located at 8040 and 8050 Chicago Street from R7-Medium-Density Multiple Family Residential District to LO-Limited Office. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: Lots 29-30, Block 2, Tower Plaza, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska are hereby rezoned from R7-Medium-Density Multiple Family Residential District to LO-Limited Office. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

   First Reading October 22, 2019; Second Reading October 29, 2019; Third Reading, Public Hearing, and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

______

 

ORDINANCE NO. 42026

AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone the property located at 2517 Ames Avenue from GC-General Commercial District to R5-Urban Family Residential District. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section l. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: Lot 4, Block 2, Isabel Addition, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska is hereby rezoned from GC-General Commercial District to R5-Urban Family Residential District. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

   First Reading October 22, 2019; Second Reading October 29, 2019; Third Reading, Public Hearing, and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

______

 

ORDINANCE NO. 42027

    AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone the property located at 2006 Ohio Street from GC-General Commercial District to R7-Medium-Density Multiple-Family Residential District. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: SUBLOT 19, TAX LOT 55, IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 15 NORTH, RANGE 13 EAST, OF THE 6TH P.M., DOUGLAS COUNTY, NEBRASKA, in Douglas County, Nebraska is hereby rezoned from GC-General Commercial District to R7- Medium-Density Multiple-Family Residential District. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

   First Reading October 22, 2019; Second Reading October 29, 2019; Third Reading, Public Hearing, and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

______

 

ORDINANCE NO. 42028

   AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone the property located at 4807 North 24th Street from GI-General Industrial District to R4-Single-Family Residential District (High Density). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: Lot 12, Fords Saratoga, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska is hereby rezoned from GI-General Industrial District to R4-Single-Family Residential District (High Density). Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

   First Reading October 22, 2019; Second Reading October 29, 2019; Third Reading, Public Hearing, and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

______

 

ORDINANCE NO. 42029

    AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone the property located at 140 South 40th Street from GC-General Commercial District to NBD-Neighborhood Business District (property is located in an ACI-1 Overlay District). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: Lot 10 and 1/2 vacated alleyway, Block 6, Jerome Park, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska is hereby rezoned from GC-General Commercial District to NBD-Neighborhood Business District (property is located in an ACI-1 Overlay District). Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

    First Reading October 22, 2019; Second Reading October 29, 2019; Third Reading, Public Hearing, and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

______

 

ORDINANCE NO. 42030

   AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone the property located at 1915 South 13th Street from GI-General Industrial District to NBD-Neighborhood Business District (property is located in an ACI-1 Overlay District). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: The south 14 of Lot 14, Block 6, Kountze 4th Addition Supplementary, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska is hereby rezoned from GI-General Industrial District to NBD-Neighborhood Business District (property is located in an ACI-1 Overlay District). Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

   First Reading October 22, 2019; Second Reading October 29, 2019; Third Reading, Public Hearing, and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

______

 

ORDINANCE NO. 42034

   AN ORDINANCE (1) to approve an agreement between the City of Omaha and the City of Lincoln on behalf of the Lincoln Police Department in the amount of thirty-two thousand, seven hundred sixty-four dollars ($32,764); and (2) to authorize funding for such agreement from the City of Omaha’s FY 2018 Project Safe Neighborhoods Grant Award #2018-GP-BX-0012, awarded by the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA); to work directly with the District of Nebraska, Project Safe Neighborhoods (PSN) Task Force and law enforcement agencies to conduct proactive home visits of probationers and parolees in the Lincoln Project Safe Neighborhoods (PSN) focus area; involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; providing for payment from a specific account; and, providing for the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That, as recommended by the Mayor, the agreement between the City of Omaha and the City of Lincoln on behalf of the Lincoln Police Department in the amount of thirty-two thousand, seven hundred sixty-four dollars ($32,764), budgeted from the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) FY 2018 Project Safe Neighborhoods, Grant Award #2018- GP-BX-0012, work directly with the District of Nebraska, Project Safe Neighborhoods (PSN) Task Force and law enforcement agencies to conduct proactive home visits of probationers and parolees in the Lincoln Project Safe Neighborhoods (PSN) focus area, is hereby approved. Section 2. That, the agreement extends from August 6, 2019 to September 30, 2021, commencing upon approval of this ordinance. In conformity with Section 5.17 of the Home Rule Charter, total expenditures as outlined in the attached agreement, from such grant funds and involving appropriations of more than one year, are hereby approved and that the Finance Director is authorized to make payment in accordance therewith. Section 3. There is no match with this grant. Section 4. That, this Ordinance, being administrative and not legislative in character, shall be in full force and take effect immediately upon passage.

 

   First Reading October 22, 2019; Second Reading and Public Hearing October 29, 2019; Third Reading and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

______

 

ORDINANCE NO. 42032

   AN ORDINANCE to approve the acceptance of and authorize disbursement over more than one fiscal year from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, FY 2019 Project Safe Neighborhoods, Award #2019-GP-BX-0056, in the amount of one hundred seventeen thousand, nine hundred seventy-five dollars ($117,975), during the project period extending from October 1, 2019 to September 30, 2022; to provide funding for the reduction of gun and gang violence in Omaha and neighboring communities; to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That, as recommended by the Mayor, the acceptance of and disbursement from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, FY 2019 Project Safe Neighborhoods Grant Award #2019-GP-BX-0056, in the amount of one hundred seventeen thousand, nine hundred seventy-five dollars ($117,975), during the project period of October 1, 2019 to September 30, 2022 to provide funding for the reduction of gun and gang violence in Omaha and neighboring communities, is hereby approved. Section 2. A copy of such grant award and special conditions, program narrative, budget and narrative is attached and by this reference made a part hereof. Section 3. That, the grant period extends from October 1, 2019 to September 30, 2022, commencing upon approval of this ordinance. In conformity with Section 5.17 of the Home Rule Charter, approval of this Ordinance. involving appropriations of more than one year from receipts of grant funds and expenditures, is hereby authorized. Section 4. That, there is no match with this grant award. Section 5. That, this Ordinance, being administrative and not legislative in character, shall be in full force and take effect immediately upon passage.

 

   First Reading October 22, 2019; Second Reading and Public Hearing October 29, 2019; Third Reading and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

______

 

ORDINANCE NO. 42033

   AN ORDINANCE to approve the acceptance of and authorize disbursement over more than one fiscal year from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, FY 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Program, Award #2019-DJ.BX~0620, in the amount of three hundred seventy-four thousand, seven hundred thirty-seven dollars ($374,737), during the project period extending from October 1, 2018 to September 30, 2022; to provide law enforcement programs, prevention and education programs, prosecution and court programs, corrections and community corrections programs, and planning, evaluation and technology improvement programs; to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That, as recommended by the Mayor, the acceptance of and disbursement from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, FY 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Program, Award #2019-DJBX- 0620, in the amount of three hundred seventy-four thousand, seven hundred thirty-seven dollars ($374,737), during the project period extending from October 1, 2018 to September 30, 2022 to provide funding for law enforcement programs, prevention and education programs, prosecution and court programs, corrections and community corrections programs, and planning, evaluation and technology improvement programs, is hereby approved. Section 2. A copy of such grant award and special conditions, grant program narrative, budget and budget narrative, and Memorandum of Understanding (MOU) are attached and by this reference made a part hereof. Section 3. That. the grant period extends from October 1, 2018 to September 30, 2022, commencing upon approval of this ordinance. In conformity with Section 5.17 of the Home Rule Charter, approval of this Ordinance, involving appropriations of more than one year from receipts of grant funds and expenditures, is hereby authorized. Section 4. That, there is no match with this grant award. Section 5. That, this Ordinance, being administrative and not legislative in character, shall be in full force and take effect immediately upon passage.

 

   First Reading October 22, 2019; Second Reading and Public Hearing October 29, 2019; Third Reading and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

______

 

ORDINANCE NO. 42035

   AN ORDINANCE to approve the acceptance of and authorize disbursement over more than one fiscal year from the FY 2018 Assistance to Firefighters (AFG) Grant Program - Operations and Safety, Award #EMW-2018-F0-05826, in the amount of seven hundred thirty-eight thousand, three hundred and seventy-three dollars and sixty-three cents ($738,373.63), with a required match of seventy-three thousand, eight hundred and thirty-seven dollars and thirty-seven cents ($73,837.37) provided by the Omaha Fire Department from Fund 12168, Organization 114516, for a total program budget in the amount of eight hundred twelve thousand two hundred and eleven dollars ($812,211.00), during the project period of September 6, 2019 to September 5, 2020; to provide funding for station exhaust system improvements and washer extractors and installation as detailed in the attached grant application; to authorize payment from such grant funding and the Omaha Fire Department match, involving appropriations of more than one fiscal year in conformity with Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; and, providing for the effective date thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That, as recommended by the Mayor, the acceptance of and disbursement from the FY 2018 Assistance to Firefighters (AFG) Grant Program - Operations and Safety, Award #EMW-2018-F0-05826 from the U.S. Department of Homeland Security (OHS), Federal Emergency Management Agency (FEMA), in the amount of seven hundred thirty-eight thousand, three hundred and seventy-three dollars and sixty-three cents ($738,373.63), during the project period of September 6, 2019 to September 5, 2020 to upgrade vehicle exhaust systems and purchase and install washer extractors, is hereby approved. Section 2. That a copy of such amended grant award, special conditions, and grant application are attached and incorporated by this reference. Section 3. That the grant period extends from September 6, 2019 to September 5, 2020, commencing upon approval of this Ordinance. In conformity with Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended, approval of this Ordinance, involving appropriations of more than one year from receipt of grant funds and expenditures, is hereby authorized. Section 4. That the Finance Department is authorized to pay funds for the required Omaha Fire Department match of $73,837.37 from Fund 12168, Organization 114516. Section 5. That this Ordinance being administrative and not legislative in character shall be in full force and take effect immediately upon passage.

 

   First Reading October 22, 2019; Second Reading and Public Hearing October 29, 2019; Third Reading and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk 

 

11-13-19

______

 

ORDINANCE NO. 42036

   AN ORDINANCE to amend Ordinance number 41012 passed December 20, 2016 accepting and authorizing disbursement over one than one fiscal year and authorize disbursement over more than one fiscal year from FY 2016 Improving Criminal Justice Responses (ICJR) to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Grant Program, Award # 2016-WE-AX-0041, from the United States Department of Justice, Office on Violence Against Women in amount of seven hundred fifty thousand dollars ($750,000) for a total project award of one million five hundred thousand dollars ($1,500,000), with an amended project period of October 1, 2016 through September 30, 2022.; to enhance Omaha’s coordinated community response to domestic violence through the multi-agency Douglas County Community Response Team as detailed in the attached grant application; to authorize payment from such grant funding and involving appropriations of more than one fiscal year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That, as recommended by the Mayor, the amendment of Ordinance number 41012 passed December 20, 2016 accepting and authorizing disbursement over one than one fiscal year from FY 2016 Improving Criminal Justice Responses (ICJR) to Sexual Assault, Domestic Violence, - Dating Violence, and Stalking Grant Program, Award # 2016-WE-AX- 0041 from the United States Department of Justice, Office on Violence Against Women in amount of seven hundred fifty thousand dollars ($750,000) for a total project award of one million five hundred thousand dollars ($1,500,000) to enhance Omaha’s coordinated community response to domestic violence through the multi-agency Douglas County Community Response Team as detailed in the attached grant application, is hereby approved. Section 2. A copy of such grant award, special conditions, grant application, and revised budget and budget narrative are attached by this reference and made a part hereof. Section 3. That, the grant period with an amended project period of October 1, 2016 through September 30, 2022; commencing upon approval of this ordinance. In conformity with Section 5.17 of the Home Rule Charter, approval of this Ordinance, involving appropriations of more than one year from receipt of grant funds and expenditures, is hereby authorized. Section 5. That, this Ordinance, being administrative and not legislative in character, shall be in full force and take effect immediately upon passage.

 

   First Reading October 22, 2019; Second Reading and Public Hearing October 29, 2019; Third Reading and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk 

 

11-13-19

______

 

ORDINANCE NO. 42037

   AN ORDINANCE to amend Ordinance number 41011 passed December 20, 2016 accepting and authorizing disbursement over one than one fiscal year from U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, FY 2016 National Crime Statistics Exchange (NCS-X) Implementation Assistance Program, Award #2016-FUCX- K062 in amount of one hundred and forty-seven thousand, one hundred and twenty dollars ($147,120), with no match, for a total project award of six hundred and eighty-six thousand, five hundred dollars ($686,500), with an amended project period of October 1, 2016 through September 30, 2021; to allow the Omaha Police Department (OPD) to complete transition from the Uniform Crime Reporting (UCR) Summary Reporting System to the National Incident Based Reporting System (NIBRS) as detailed in the attached grant application; to authorize payment from such grant funding and involving appropriations of more than one fiscal year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That, as recommended by the Mayor, the amendment of Ordinance number 41011 passed December 20, 2016 accepting and authorizing disbursement over one than one from U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, FY 2016 National Crime Statistics Exchange (NCS-X) Implementation Assistance Program, Award #2016-FU-CX-K062 in amount of one hundred and forty-seven thousand, one hundred and twenty dollars ($147,120), with no match, for a total project award of six hundred and eighty-six thousand, five hundred dollars ($686,500) to allow the Omaha Police Department (OPD) to complete transition from the Uniform Crime Reporting (UCR) Summary Reporting System to the National Incident Based Reporting System (NIBRS), is hereby approved. Section 2. A copy of such grant award, special conditions, and grant application are attached by this reference and made a part hereof. Section 3. That, the grant period with an amended project period of October 1, 2016 through September 30, 2021; commencing upon approval of this ordinance. In conformity with Section 5.17 of the Home Rule Charter, approval of this Ordinance, involving appropriations of more than one year from receipt of grant funds and expenditures, is hereby authorized. Section 5. That, this Ordinance, being administrative and not legislative in character, shall be in full force and take effect immediately upon passage.

 

   First Reading October 22, 2019; Second Reading and Public Hearing October 29, 2019; Third Reading and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

______

 

ORDINANCE NO. 42038

   AN ORDINANCE to extend an Agreement with LeadsOnline, involving the payment of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; to enter into a five-year agreement to utilize the Leads System to support Omaha Police Department investigations, as a unique and noncompetitive service, in the amount of $52,908.00 for Year 2020, $54,995.00 for Year 2021, $56,645.00 for Year 2022, $58,295.00 for Year 2023, and $59,994.00 for Year 2024; and to provide the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. Approval is hereby given to LeadsOnline, who has submitted a proposal to extend the agreement to utilize the Leads System to support Omaha Police Department investigations, as a unique and noncompetitive service, for a period of five years, with the option for one one-year extension at the sole discretion of the City, and may be done so administratively. Such approved Agreement is attached hereto and, by this reference, made a part hereof as if fully set forth herein. Section 2. That payment made for this service in the amount of $52,908.00 for Year 2020, $54,995.00 for Year 2021, $56,645.00 for Year 2022, $58,295.00 for Year 2023, and $59,994.00 for Year 2024, with a total of $282,837.00 over the five-year period, shall be paid from the Omaha Police Department General Fund 11111, Organization 114251 Auto Theft Unit, Account 42266 Information Technology Contracts. Section 3. This Ordinance, being administrative in nature, shall become effective and be in full force upon the date of passage.

 

   First Reading October 22, 2019; Second Reading and Public Hearing October 29, 2019; Third Reading and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

______

 

ORDINANCE NO. 42039

   BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: ARTICLE I FINDINGS AND DETERMINATIONS The Mayor and Council of the City of Omaha hereby find and determine: (a) the City of Omaha Public Facilities Corporation, a nonprofit corporation organized under Nebraska law (the “Corporation”), has been established for the purpose of assisting the City of Omaha, Nebraska (the “City”) in the (i) acquisition, construction, improving, furnishing and equipping of improvements and additions to public buildings and (ii) the acquisition of equipment and vehicles for the benefit of the City; and (b) the City has acquired certain land to renovate, revitalize and construct improvements to certain parks located in downtown Omaha and which improvements will be known as the Riverfront Revitalization Area (the “New Money Project”); and ( c) the Corporation previously has issued on behalf of the City its $2,180,000 Lease Revenue Bonds (Omaha Library Projects) Taxable Series 2009A Build America Bonds - Direct Payment, of which $1,365,000 aggregate principal amount remains outstanding (the “Series 2009A Bonds”); and ( d) the City has recently entered into a lease-purchase agreement in the original aggregate principal amount of $520,341.66, of which $520,341.66 aggregate principal amount is currently outstanding (the “Motorola Lease Agreement”) with Motorola Solutions, Inc. (“Motorola”) whereby Motorola is leasing certain equipment and software (collectively, the “Equipment”) to the City in exchange for lease payments to be made by the City; and (e) to realize interest cost savings, the City finds it necessary and desirable (a) that a portion of the remaining outstanding Series 2009A Bonds (the “Refunded Bonds”), which financed the costs of the acquisition, construction, furnishing and equipping of capital improvements for certain public library facilities, including the W. Dale Clark, Swanson and Florence branches, each such branch being a City-owned public library facility (the “Library Project” and together with the New Money Project, the “Projects”), be refunded and called for redemption in advance of the respective maturities thereof, and (b) to pay off and refinance all or a portion of the Motorola Lease Agreement; and (f) the City intends that certain parcels of real estate leased or owned by the City, being the New Money Project and the Library Project, both of which are within the geographical boundaries of the City and to be legally described in separate Site Leases, constitute a part of and be the location of the New Money Project and the Library Project site, respectively; and (g) the Corporation is willing (i) to issue its lease revenue and refunding bonds, in one or more series, in the aggregate principal amount of approximately $17,500,000 (the “Bonds”) on behalf of the City, the proceeds of which Bonds will be used, in part, to (i) renovate, revitalize and construct the New Money Project, (ii) redeem the Refunded Bonds, (iii) pay off and refinance all or a portion of the Motorola Lease Agreement and to acquire the Equipment, and (iv) lease the New Money Project, the Library Project and the Equipment to the City; and (h) the City and the Corporation, pursuant to Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended (the “Home Rule Charter”), contemplate (i) entering into a Site Lease Agreement (the “New Money Project Site Lease”), whereby the Corporation will lease the New Money Project site from the City, (ii) entering into an Amended and Restated Site Lease Agreement (the “Library Project Site Lease” and together with the New Money Project Site Lease, the “Site Leases”), whereby the Corporation will lease the Library Project site from the City, (iii) entering into the Bill of Sale (the “Bill of Sale”) pursuant to which the City will sell the Equipment to the Corporation, and (iv) entering into a Lease-Purchase Agreement (the “Agreement”) whereby the City will lease the Projects from the Corporation and pay as rental payments the amounts necessary timely to discharge the indebtedness created by the Corporation’s issuance of the Bonds; and (i) the Corporation is willing to enter into an Indenture of Trust (the “Indenture”) with First National Bank of Omaha, as trustee and paying agent (the “Trustee”), setting forth the maturities, interest rates and other terms and conditions of the Bonds, and providing for (i) the application of a portion of the proceeds of the Bonds to the costs of the New Money Project, (ii) the application of a portion of the proceeds of the Bonds to the payment of the “Refunded Debt,” which constitutes the Refunded Bonds and all or a portion of the Motorola Lease Agreement that the Corporation, on the City’s behalf, pays off; G) under applicable Internal Revenue Service rulings, approval by the City Council of the issuance of the Bonds by the Corporation is required in order that the interest on the Bonds qualify for exclusion from gross income of the holders for the purpose of federal income taxation, as and if applicable; and (k) the Corporation has requested D.A. Davidson & Co. (the “Underwriter”) to underwrite the Bonds; and (l) the City has determined that it is in its best interest that the Corporation issue the Bonds and apply the proceeds thereof to (i) acquire the New Money Project and the Equipment, (ii) the redemption and payment, as applicable, of the Refunded Debt and that it is necessary for the City to enter into the Agreement, the Site Leases and the Bill of Sale, approve the Indenture and satisfy certain requirements of federal income tax law in order that the interest on the Bonds, if applicable, shall be excluded from gross income of the holders thereof for federal income tax purposes. ARTICLE II AUTHORIZATIONS AND APPROVALS Section 2.1. The previous formation of the Corporation is hereby acknowledged, approved and ratified by the City Council, and the Corporation is requested and authorized to do that which is necessary and appropriate in order that the Corporation may issue the Bonds on behalf of the City for the purpose of (i) acquiring the New Money Project and the Equipment, (ii) paying and redeeming the Refunded Debt, as applicable, and (iii) paying costs of issuance of the Bonds. Section 2.2. The Agreement is hereby authorized and approved in accordance with the provisions of Section 5 .17 of the Home Rule Charter, and the Mayor of the City shall execute the Agreement by and on behalf of the City, with the official seal of the City impressed or imprinted thereon and attested by the City Clerk, in substantially the form presented to the City Council and attached hereto as Exhibit A, subject to such changes, insertions and omissions and fillings-in of blanks as shall have been approved by the City officials executing the same pursuant to this Section. Section 2.3. The Site Leases are hereby authorized and approved, and the Mayor of the City shall execute the Site Leases by and on behalf of the City, with the official seal of the City impressed or imprinted thereon and attested by the City Clerk, in substantially the form presented to the City Council and attached hereto as Exhibit B, subject to such changes, insertions and omissions and fillings-in of blanks as shall have been approved by the City officials executing the same pursuant to this Section. Section 2.4. The Bill of Sale is hereby authorized and approved, and the Mayor of the City shall execute the Bill of Sale by and on behalf of the City, with the official seal of the City impressed or imprinted thereon and attested by the City Clerk, in substantially the form presented to the City Council and attached hereto as Exhibit C, subject to such changes, insertions and omissions and fillings in of blanks as shall have been approved by the City officials executing the same pursuant to this Section. Section 2.5.The Indenture in substantially the form presented to the City Council and attached hereto as Exhibit D, is hereby authorized and approved. Section 2.6. Payment by the City of the lease-purchase rental amounts from time to time respectively due under and pursuant to the Agreement is hereby authorized and directed. Section 2.7. The City Finance Director (or the Finance Administrator if the Finance Director is unable for any reason to exercise such authority) is authorized and directed to approve on behalf of the City, subject to the provisions of this Ordinance, the Corporation’s designation and establishment of the following terms in connection with each series of the Bonds: (1) the number of series and aggregate principal amounts of the Bonds to be issued, not exceeding the aggregate principal an10unt set forth in Article I, paragraph (g), (i) the years in which a principal maturity of the Bonds shall occur and the principal amount of the Bonds to mature in each of such years, maturing on such dates as he or she may determine in each year, (3) the date of final maturity of the Bonds, which shall in no event be later than April 1, 2039, (4) the date or dates upon which the Bonds shall be sold, (5) the rate or rates of interest to be carried by each maturity of the Bonds, such that the true interest cost of the Bonds shall not exceed 4.00% per annum, (6) the first interest payment date for each series of the Bonds, (7) the purchase price for each series of the Bonds, which shall be no less than 96% of the principal amount thereof (including an underwriter discount of not to exceed 0.70%), (8) the designation of each series of the Bonds as either tax-exempt or taxable obligations, and (9) all other terms of the Bonds not otherwise determined or fixed by the provisions of this Ordinance. Section 2.8. The issuance and delivery by the Corporation of the Bonds is subject to final written approval of the terms of the Bonds by the City Finance Director, as provided by Section 2.7, in an Award Certificate delivered by the City. Section 2.9. The Corporation is hereby requested to issue the Bonds and to apply a portion of the proceeds of the Bonds to the redemption and payment of the Refunded Debt in accordance with the terms thereof. Section 2.10.The Mayor, City Clerk and Finance Director (or any officer of the City authorized to act in the capacity of Mayor, City Clerk or Finance Director) are hereby authorized and directed punctually to execute such instruments, certificates and documents as may be necessary and appropriate and to do all acts and things required therein by the terms, covenants, provisions and agreements of this Ordinance, the Bonds, the Agreement, the Site Lease and the Indenture. The officers, employees and agents of the City are hereby authorized and directed to do all acts and things necessary to carry into effect the provisions of this Ordinance. Section 2.11. The City will accept delivery of full legal and unencumbered title (or possession, as the case may be) to the Projects not later than the term set forth in the Agreement. ARTICLE III EFFECTIVE DATE This Ordinance shall be in full force and effect on the date of its passage, this Ordinance not being legislative in character and immediate effectiveness being within the provisions of Section 2.12 of the Home Rule Charter.

 

   First Reading October 22, 2019; Second Reading and Public Hearing October 29, 2019; Third Reading and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

______

 

ORDINANCE NO. 42031

   AN ORDINANCE (1) to approve an agreement between the City of Omaha and Father Flanagan’s Boys’ Home dba Boys Town National Hotline by and through the Omaha Police Department in the amount of  seven hundred seventy-one thousand three hundred and seventy-nine dollars ($771,379); and (2) to authorize funding for such agreement from the Omaha Police Department by a pledge of donations from the Omaha Police Foundation; to provide a 24-hour hotline service for the Safe2Help program, a safety threat reporting solution for all schools participating in the Douglas County threat Advisory Team (DCTAT) project; involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That, as recommended by the Mayor, the agreement between the City of Omaha and Father Flanagan’s Boys’ Home dba Boys Town National Hotline by and through the Omaha Police Department in the amount of  seven hundred seventy-one thousand three hundred and seventy-nine dollars ($771,379), budgeted from the Omaha Police Department by a pledge of donations from the Omaha Police Foundation, for funding to provide a 24-hour hotline service for the Safe2Help program, a safety threat reporting solution for all schools participating in the Douglas County threat Advisory Team (DCTAT) project, is hereby approved. Section 2. That, the agreement extends from September 1, 2019 to August 31, 2021, commencing upon approval of this ordinance. In conformity with Section 5.17 of the Home Rule Charter, total expenditures as outlined in the attached agreement, from such grant funds and involving appropriations of more than one year, are hereby approved and that the Finance Director is authorized to make payment in accordance therewith. Section 4. That this ordinance being administrative, and not legislative, in character shall be in full force and take effect immediately upon passage.

 

   First Reading October 22, 2019; Second Reading and Public Hearing October 29, 2019; Third Reading and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

______

 

ORDINANCE NO. 42040

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: ARTICLE I FINDINGS AND DETERMINATIONS The Mayor and Council of the City of Omaha (the “City”) hereby find and determine: (a) The City, pursuant to Ordinance No. 41647, adopted on December 11, 2018, approved a Redevelopment Agreement (“Redevelopment Agreement”) in connection with The Builder’s District at NoDo Redevelopment Plan, as amended, which the City Council approved on October 30, 2018, pursuant to Resolution No. 949 (the “Redevelopment Plan”). The Redevelopment Agreement approved a redevelopment project consisting of property acquisition, demolition, remediation and relocation, as well as any costs required to remediate or prepare the property for development as necessary to develop the Kiewit Project (as defined in the Redevelopment Agreement), all as identified in the Redevelopment Plan (as used herein, the “Kiewit Project”). (b) The City has determined that as required by the ordinances previously adopted by the City in connection with its issuance of the Parity Bonds (as defined herein) as a condition to the issuance and sale of bonds or other obligations which have, or purport to have, any lien upon the Special Tax Revenues (as defined herein) which is on a parity with or is junior to the Parity Bonds, the Special Tax Revenues available for debt service for the fiscal year ending December 31 , 2019 are at least 125% of the maximum annual debt service with respect to the Parity Bonds, the proposed Series 2019A Bonds and all other parity indebtedness to be outstanding immediately after the date of issuance of the Series 2019A Bonds. (c) The City, by authority of Section 18-2101.01, Reissue Revised Statutes of Nebraska, as amended, previously has created a community development agency consisting of the City’s Planning Department for the purpose of exercising all of the power and authority granted to a community development authority in the Act (as hereinafter defined), and, having created an agency, the City is an authority under the Act, and has the power to issue bonds for its corporate purposes as provided by Section 18-2124 of the Act. (d) In order for the City to fund the Kiewit Project it is necessary, expedient and in the best interest of the City that the City, in such capacity and in its capacity as an authority under the Act, issue the Series 2019A Bonds for the corporate purposes of the City, and of the City acting in its capacity as an authority, and to secure the payment of such Series 2019A Bonds by the pledge of its Special Tax Revenues and subject to the conditions and limitations as hereinafter provided. ARTICLE II DEFINITIONS Unless the context shall clearly indicate some other meaning or may otherwise require, the terms defined in this Article shall, for all purposes of this Ordinance (the “Ordinance”) and of any ordinance or other instrument amendatory hereof or supplemental hereto and of any certificate, opinion, instrument or other document herein or therein mentioned, have the meanings herein specified, with the following definitions to be equally applicable to both the singular and plural forms of any tem1s herein defined and vice versa. “Act” means Sections 18-2101 to 18-2154, inclusive, Reissue Revised Statutes of Nebraska, as amended. “Books of Registry” means the books of registry maintained by the Registrar. “Charter” means the Home Rule Charter of the City of Omaha, 1956, as amended. “City” means the City of Omaha, Nebraska. “Code” means the Internal Revenue Code of 1986, as amended, including the United States Treasury Regulations proposed or in effect with respect thereto and applicable to the Series 2019A Bonds or the use of the proceeds thereof. “Council” means the City Council of the City. “Debt Service” means, as of any particular date of computation, with respect to any Series 2019 A Bonds and with respect to any period, the aggregate of the amounts to be paid or set aside as of such date or in such period for the payment of the principal of and interest (to the extent not capitalized) on such Series 2019A Bonds. “Finance Director” means the Finance Director of the City. “Fiscal Year” means the 12-month period established by the City or provided by law from time to time as its fiscal year and, as of the date of passage of this Ordinance, is the 12-month period commencing on January 1 of each year and ending on December 31 of such year. “Governmental Obligations” means direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by, the United States of America. “Outstanding,” when used with reference to the Series 2019A Bonds, means, as of any date, the Series 2019A Bonds theretofore or thereupon issued pursuant to this Ordinance except: (a) any Series 2019A Bonds cancelled by the Registrar or paid on or prior to such date; (b) a Series 2019A Bond in lieu of or in substitution for which a Series 2019A Bond shall have been or is thereupon being delivered; and (c) any Series 2019A Bonds deemed to be no longer Outstanding hereunder as provided in Article IX hereof. “Parity Bonds” means all bonds secured solely by the City’s pledge of the Special Tax Revenues. “Paying Agent” means First National Bank of Omaha, or any successor paying agent appointed pursuant to Article VIII herein. “Redevelopment Plan” means the redevelopment plan approved by the City of Omaha and described in Article I hereof. “Redevelopment Plan Area” has the meaning given such term in the Redevelopment Agreement. “Registrar” means First National Bank of Omaha, or any successor registrar appointed pursuant to Article VIII herein “Series 2019A Bondholder” or “holder of a Series 2019A Bond means any person who shall be the registered owner, or his or her duly authorized attorney-in-fact, representative or assign, of any Series 2019A Bond. “Series 2019A Bonds” means the City of Omaha, Nebraska Special Tax Revenue Redevelopment Bonds, Series 2019A, issued pursuant to this Ordinance “Special Tax Revenues” means the proceeds of the special tax levied for community redevelopment purposes in the amount, not to exceed 2.6 cents on each $100 upon the actual value of all the taxable property in the City, except intangible property, annually certified to the Council by the City, in its capacity as an authority under the Act, pursuant to Section 18-2107(11) of the Act. “State” means the State of Nebraska. “Tax-Exempt Bonds” means the Series 2019A Bonds. Unless the context shall clearly indicate otherwise or may otherwise require, in this Ordinance words importing persons include firms, partnerships, associations, corporations (public and private), public bodies and natural persons, and also include executors, administrators, trustees, receivers or other representatives. Unless the context shall clearly indicate otherwise or may otherwise require, in this Ordinance (not including in such term wherever used in this paragraph any ordinance supplemental hereto): (i) references to Articles, Sections and other subdivisions, whether by number or letter or otherwise, are to the respective or corresponding Articles, Sections and subdivisions of this Ordinance as such Articles, Sections and subdivisions may be amended from time to time; (ii) the terms “herein,” “hereunder,” “hereby,” “hereto,” “hereof’ and any similar terms refer to this Ordinance and to this Ordinance as a whole and not to any particular section or subdivision hereof; and (iii) the term “heretofore” means before the time of effectiveness of this Ordinance, the word “now” means at the time of effectiveness of this Ordinance, and the word “hereafter” means after the time of effectiveness of this Ordinance. ARTICLE III AUTHORIZATION AND ISSUANCE OF SERIES 2019A BONDS; GENERAL TERMS AND PROVISIONS Section 3.1. Authorization ancl Purpose of Series 2019A Bonds. Under the authority of, and in full compliance with, the Constitution and laws of the State, including the Act and the Charter, there be and there is hereby ordered issued, for the corporate purposes of the City, and of the City as an authority under the Act, in the financing of the Kiewit Project and for other purposes related thereto as hereinafter provided, a single issue of Redevelopment Bonds of the City to be captioned as the “Special Tax Revenue Redevelopment Bonds, Series 2019A,” in the aggregate principal amount, not to exceed $15,000,000, to be fixed by the Finance Director at the time of the sale of the Series 2019 A Bonds. The Series 2019A Bonds shall be in fully registered form without coupons, shall be dated their date of delivery, shall be of the denomination of $5,000 each or any integral multiple thereof (“Authorized Denomination”), shall be numbered from R-1 upwards in order of maturity or shall be numbered in any other manner as the Finance Director of the City shall determine, shall bear interest from their date and shall be payable July 15, 2020 and semiannually thereafter on January 15 and July 15 of each year until their payment at such rate or rates of interest per annum as shall be fixed by the Final Terms Certificate executed by the Finance Director at the time of sale of the Series 2019A Bonds (the “Final Terms Certificate”) and shall mature serially or as term bonds with annual mandatory sinking fund installments or both, in each of the years and in the principal amounts and sinking fund installments, if any, as shall be fixed by the Finance Director in the Final Terms Certificate. Section 3.2. Nature of Series 2019A Bonds. The Series 2019A Bonds shall be and are special limited obligations of the City, and of the City in its capacity as an authority under the Act, and are secured solely by an irrevocable pledge of, and are payable solely as to principal, and interest from Special Tax Revenues and other funds as hereinafter provided without privilege, priority or distinction as to the lien on the Special Tax Revenues or otherwise of any of the Series 2019A Bonds over any of the other Series 2019A Bonds. There are hereby pledged to the punctual payment of the principal of, and interest on the Series 2019A Bonds and to the security thereof in accordance with their terms and the provisions of this Ordinance, subject only to the provisions of this Ordinance restricting or permitting the application thereof for the purposes and on the terms and conditions set forth in this Ordinance, (i) the Special Tax Revenues and (ii) the moneys and Government Obligations, if any, deposited in the funds and accounts created hereunder, and any investment income therefrom. The Series 2019A Bonds shall not in any event be a debt of the City (except in the City’s capacity as its authority under the Act, of the Special Tax Revenues, and other moneys and securities pledged under this Ordinance), the State, or any of its political subdivisions and none of the City ( except to the extent of the aforesaid pledge), the State or any of its political subdivisions are liable on them, nor in any event shall the principal of, and interest on the Series 2019A Bonds be payable out of any funds or properties other than those of the City, and of the City acting in its capacity as an authority under the Act, as in this Ordinance set forth. Neither the full faith and credit nor the taxing power of the City (except to the extent of the aforesaid), the State or any of its political subdivisions is pledged hereby to secure the payment of the Series 2019A Bonds. The Series 2019A Bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither any officials of the City nor any persons executing the Series 2019A Bonds shall be liable personally on the Series 2019A Bonds by reason of their issuance. The Series 2019A Bonds shall be and are equally and ratably secured by an irrevocable pledge of Special Tax Revenues and other funds as provided herein, without priority for number, date of sale, date of execution, date of delivery or otherwise except as expressly provided herein. The validity of the Series 2019A Bonds is not and shall not be dependent upon the performance by any person or persons of their obligations relative to the Kiewit Project. Nothing in this Ordinance shall preclude: (a) the payment of the Series 2019A Bonds from the proceeds of refunding bonds issued pursuant to law or (b) the payment of the Series 2019A Bonds from any legally available funds, including, without limitation, the proceeds of the sale of any property within the Redevelopment Plan Area. Nothing in this Ordinance shall prevent the City from making advances of its own funds, howsoever derived, to any of the uses and purposes mentioned in this Ordinance. Section 3.3. Payment of Series 2019A Bonds; Book-Entry Only Bonds. (a)Principal of the Series 2019A Bonds shall be payable upon presentation thereof at the principal office of the Paying Agent in Omaha, Nebraska, or its successor. Payment of interest on the Series 2019A Bonds shall be made by the Paying Agent to the registered owner thereof by wire transfer, check or draft mailed to the registered owner at his or her address as it appears on the Book of Registry on the record date or at such other address as is furnished to the Paying Agent in writing by such registered owner. The date that is fifteen calendar days prior to each respective interest payment date shall be the record date for the payment of interest on such interest payment date. The Series 2019A Bonds and the interest thereon shall be payable in coin or currency of the United States of America which at the time of such payment is legal tender for public and private debts. (b) The Series 2019A Bonds shall be initially issued in the form of a separate single authenticated fully registered bond for each maturity of each series thereof in the aggregate principal amount of the Series 2019A Bonds and in substantially the form set forth in Section 3.5 hereof, registered in the bond registration books maintained by the Registrar in the name of a nominee of The Depository Trust Company, New York, New York, and its successors and assigns (the “Securities Depository”). When Series 2019A Bonds are so registered in accordance with this Section 3.3, the following provisions shall apply: (i) The City and the Registrar shall have no responsibility or obligation to any broker-dealer, bank or other financial institution for which the Securities Depository holds Series 2019A Bonds as securities depository (each, a “Bond Participant”) or to any person who is an actual purchaser of a Series 2019A Bond from a Bond Participant while the Series 2019 A Bonds are in book-entry form (each, a “Beneficial Owner”) with respect to the following: (A) the accuracy of the records of the Securities Depository, any nominees of the Securities Depository or any Bond Participant with respect to any ownership interest in the Series 2019A Bonds; (B) the delivery to any Bond Participant, any Beneficial Owner or any other person, other than the Securities Depository, of any notice with respect to the Series 2019A Bonds, including any notice of redemption; or (C) the payment to any Bond Participant, any Beneficial Owner or any other person, other than the Securities Depository, of any amount with respect to the Series 2019A Bonds. The Paying Agent shall make payments with respect to the Series 2019A Bonds only to or upon the order of the Securities Depository or its nominee, and all such payments shall be valid and effective fully to satisfy and discharge the obligations with respect to such Series 2019A Bonds to the extent of the sum or sums so paid. No person other than the Securities Depository shall receive an authenticated Bond. (ii) Upon receipt by the Registrar of written notice from the Securities Depository to the effect that the Securities Depository is unable or unwilling to discharge its responsibilities, the Registrar shall issue, transfer and exchange Series 2019 A Bonds requested by the Securities Depository in appropriate amounts. Whenever the Securities Depository requests the Registrar to do so, the Registrar will cooperate with the Securities Depository in taking appropriate action after reasonable notice (a) to arrange, with the prior written consent of the City, for a substitute securities depository willing and able upon reasonable and customary terms to maintain custody of the Series 2019A Bonds or (b) to make available Series 2019A Bonds registered in whatever name or names the Beneficial Owners transferring or exchanging such Series 2019A Bonds shall designate. (iii) If the City determines that it is desirable that certificates representing the Series 2019A Bonds be delivered to Series 2019A Bondholders and so notifies the Registrar in writing, the Registrar shall so notify the Securities Depository, whereupon the Securities Depository will notify the Bond Participants of the availability through the Securities Depository of bond certificates representing the Series 2019A Bonds. In such event, the Registrar shall issue, transfer and exchange bond certificates representing the Series 2019 A Bonds as requested by the Securities Depository in appropriate amounts and in authorized denominations. (iv) So long as any Series 2019A Bond is registered in the name of the Securities Depository or any nominee thereof, all payments with respect to such Series 2019A Bond and all notices with respect to such Series 2019A Bond shall be made and given, respectively, to the Securities Depository as provided in the Letter of Representations, as hereinafter defined. (v) Registered ownership of the Series 2019A Bonds may be transferred on the books of bond registration maintained by the Registrar, and the Series 2019A Bonds may be delivered in physical form to the following: (A) any successor Securities Depository or its nominee; and (B) any person, upon (1) the resignation of the Securities Depository from its functions as depository or (2) termination of the use of the Securities Depository pursuant to this Section. (vi) In the event of any partial redemption of a Series 2019A Bond unless and until such partially redeemed Series 2019A Bond has been replaced in accordance with the provisions of this Ordinance, the books and records of the Paying Agent shall govern and establish the principal amount of such Series 2019A Bond as is then Outstanding and all of the Series 2019A Bonds issued to the Securities Depository or its nominee shall contain a legend to such effect. The City has previously entered into a Blanket Issuer Letter of Representations (the “Letter of Representations”) with the Securities Depository. Section 3.4. Execution of Series 2019A Bonds. The Series 2019A Bonds shall be signed by the facsimile signature of the Mayor, countersigned by the facsimile signature of the City Clerk, registered by and with the facsimile signature of the City Comptroller of the City, and shall have imprinted thereon a facsimile of the seal of the City. If any City official whose facsimile signature appears on the Series 2019A Bonds ceases to be such official before delivery of the Series 2019A Bonds, his or her signature is as effective as if he or she had remained in office. Section 3.5. Form of Series 2019A Bonds. The Series 2019A Bonds, the Registrar’s Certificate of Authentication and the instrument of assignment shall be in substantially the form set forth in this Section, with necessary or appropriate variations, omissions and insertions as are incidental to their series, numbers, denomination, maturities, interest rate or rates, redemption provisions, tax exemption and other details thereof and of their form or as are otherwise permitted or required by law or by this Ordinance.

(FORM OF SERIES 2019A BONDS)

United States of America

State of Nebraska

County of Douglas

City of Omaha

SPECIAL TAX REVENUE REDEVELOPMENT BOND

Series 2019A

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, REFERRED TO HEREINAFTER AS “DTC” TOGETHER WITH ANY SUCCESSOR SECURITIES DEPOSITORY APPOINTED PURSUANT TO THE ORDINANCE 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 YING AGENT. 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 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 PA YING AGENT FOR REGISTRATION OF TRANSFER OR EXCHANGE OR (B) TO THE PA YING AGENT FOR PAYMENT OF PRTNCIP AL, 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 PERSON IS WRONGFUL BECAUSE ONLY THE REGISTERED OWNER HEREOF, DTC OR ITS NOMINEE, HAS AN INTEREST HEREIN.

REGISTERED

No.

INTEREST RATE                                                                                MATURITY DATE                                                                                                          CUSIP

REGISTERED OWNER:

PRINCIPAL SUM:

The City of Omaha, a municipality in the County of Douglas and the State of Nebraska (the “City”), and, insofar as it relates to the Special Tax Revenues, for value received, hereby promises to pay to the Registered Owner (named above) or registered assigns, but solely from the Special Tax Revenues and other moneys and securities hereinafter mentioned and not otherwise, the Principal Sum (specified above) on the Maturity Date (specified above) (subject to the right of prior redemption hereinafter mentioned) upon presentation and surrender of this Bond at the principal office of First National Bank of Omaha, Paying Agent and Registrar, or the principal office of its successor as Paying Agent (the “Registrar”), and to pay interest on said Principal Sum, but solely out of said Special Tax Revenues and other moneys and securities hereinafter mentioned and not otherwise, by wire transfer, check or draft mailed to the person in whose name this Bond is registered as of the fifteenth calendar day prior to each interest payment date in the bond registration books kept and maintained by the Registrar, from the date hereof until the payment of said Principal Sum in full, at the Interest Rate (specified above), such interest to the maturity hereof being payable on July 15, 2020 and semiannually thereafter on January 15 and July 15 in each year. The principal of and interest on this Bond are payable in coin or currency of the United States of America which at the time of such payment is legal tender for payment of public and private debts. REFERENCE IS MADE TO FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF; SUCH FURTHER PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS THOUGH FULLY SET FORTH AT THIS PLACE. The Bonds issued under the Ordinance are special limited obligations of the City and, insofar as it relates to the Special Tax Revenues, of the City acting in its capacity as an authority under the Act, payable as to principal and interest solely from and are equally and ratably secured solely by the Special Tax Revenues and other moneys and securities pledged under the Ordinance, all on the terms and conditions set forth in the Ordinance. Special Tax Revenues represent the proceeds of the special tax levied for community redevelopment purposes in the amount, not to exceed 2.6 cents on each $100 upon the actual value of all the taxable property in the City, except intangible property, annually certified to the City Council by the City, in its capacity as an authority under the Act, pursuant to Section 18-2107(11) of the Act. The pledge of the Special Tax Revenues is on a parity with those made by the City with respect to its Parity Bonds as defined in the Ordinance. The principal of and interest on the Bonds shall not be payable from the general funds of the City, nor shall the Bonds constitute a legal or equitable pledge, charge, lien, security interest or encumbrance upon any of the property or upon any of the income, receipts or revenues of the City, except the Special Tax Revenues and other moneys and securities pledged under the Ordinance. Neither this Bond nor the Bonds of the series of which it is one are debt of the City within the meaning of any constitutional, statutory or charter limitation upon the creation of general obligation indebtedness of the City nor does it impose any general liability upon the City, and the City shall not be liable for the payment thereof or hereof out of any funds of the City other than the Special Tax Revenues, which Special Tax Revenues have been and hereby are pledged by the City (acting in its capacity as an authority under the Act in the case of the Special Tax Revenues) to the punctual payment of the principal of and interest on this Bond and the series of which it is one in accordance with the provisions of the Ordinance. This Bond shall not be valid or obligatory unless the Certificate of Authentication herein shall have been manually signed by an authorized officer of the Registrar. It is hereby certified, recited and declared that all acts, conditions and things required to have happened, to exist and to have been performed precedent to and in the issuance of this Bond and the series of which it is one have happened, do exist and have been performed in regular and due time, form and manner, that this Bond and the series of which it is one do not exceed any constitutional or statutory or charter limitation on indebtedness and that provision has been made for the payment of the principal of and interest on this Bond and the series of which it is one as provided in the Ordinance. IN WITNESS WHEREOF, the City of Omaha, Nebraska, by its City Council, has caused this Bond to be signed by the facsimile signatures of its Mayor and its City Clerk and to have a facsimile of its corporate seal to be imprinted hereon, all as of this __ day of ______, 2019.

(SEAL)                                                                                                                                                                                 CITY OF OMAHA, NEBRASKA

By ______________________

Mayor of the City of Omaha

Countersigned:

By _____________________

City Clerk

(FORM OF REVERSE OF BOND)

The Bonds shall be subject to optional and mandatory sinking fund redemption as provided in the Ordinance pursuant to which this Bond is issued. The Bonds of the series of Bonds of which this Bond is part are issuable as fully registered bonds without coupons in the denomination of $5,000 and any integral multiples thereof. Subject to the limitations and upon payment of the charges, if any, provided for in the Ordinance, Bonds may be exchanged at the principal office of the Registrar or at the principal office of its successor as Registrar for a like aggregate principal amount of registered Bonds of other authorized principal sums and of the same series, interest rate and maturity. This Bond shall be transferable by the Registered Owner or his or her agent duly authorized in writing at the principal office of the Registrar upon surrender and cancellation of this Bond, and thereupon a new Bond or Bonds of a like aggregate principal amount and of the same series, interest rate and maturity will be issued to the transferee upon payment of the transfer charge, if any. The City and the Registrar may treat the person in whose name this Bond is registered as the absolute owner hereof for the purpose of receiving payment hereof and for all other purposes and shall not be affected by any notice to the contrary, whether this Bond be overdue or not. This Bond is one of an authorized issue of Bonds of like designation herewith aggregating Fifteen Million Dollars ($ 15,000,000) issued by the City, and in its capacity as an authority under the Act, under the authority of and in full compliance with the Constitution and statutes of the State of Nebraska, including particularly Reissue Revised Statutes of Nebraska, Sections 18-2101 to 18-2154, as amended (the “Act”) and, in particular, Section 18-2124 of the Act, and the Home Rule Charter of the City, and under and pursuant to Ordinance No. ___ duly passed by the Council of the City on November 5, 2019 (the “Ordinance”). The Bonds are of varying denominations, maturities, interest rates and other provisions as provided in the Ordinance, and were issued for the purpose of financing the Kiewit Project (as defined in the Ordinance). This Bond and the Bonds of the series of which it is one constitute a duly authorized issue of Redevelopment Bonds (herein referred to as the “Bonds”) issued, or to be issued, under and as provided in the Ordinance. Reference is hereby made to the Ordinance, copies of which are on file in the office of the Registrar, and to all of the provisions of which any holder of this Bond by his or her acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the security for the Bonds issued under the Ordinance, including this Bond; the Special Tax Revenues and other moneys and securities pledged to the payment of the principal of and interest on the Bonds issued thereunder; the nature and extent and manner of enforcement of the pledge; the conditions upon which Bonds for the purpose of refunding may hereafter be issued thereunder, payable on a parity from the Special Tax Revenues and other moneys and securities and equally and ratably secured therewith; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the holders of the Bond; the rights, duties and obligations of the City and the Registrar thereunder; the terms and provisions upon which the liens, pledges, charges, trusts and covenants made therein may be discharged at or prior to the maturity or redemption of this Bond, and this Bond thereafter no longer be secured by the Ordinance or be deemed to be outstanding thereunder if moneys or certain specified securities shall have been deposited in an amount sufficient and held in trust solely for the payment hereof; and for the other terms and provisions thereof.

(FORM OF CERTIFICATE OF AUTHENTICATION)

CERTIFICATE OF AUTHENTICATION

This Bond is one of the Bonds delivered pursuant to the within-mentioned proceedings.

FIRST NATIONAL BANK OF OMAHA, Registrar

By___________________________

Authorized Officer

Dated: _______________________

(FORM OF ASSIGNMENT)

For value received, the undersigned, _____________, hereby sells, assigns and transfers unto __________________ (Tax Identification or Social Security No. ________________________) the within-mentioned bond and all rights thereunder and hereby irrevocably constitutes and appoints _________________ attorney-in-fact to transfer the same on the Books of Registry in the office of the within-mentioned Registrar with full power of substitution in the premises.

Dated: ___________________________ ___________________________________

Registered Owner

NOTE: The signature to this assignment must

correspond with the name as written on the face

of the within bond in every particular, without

alteration or enlargement or any change

whatsoever.

Signature Guaranteed:

__________________________________

NOTICE: Signature(s) must be guaranteed by a

financial institution that is a member of the

Securities Transfer Agent Medallion Program

(“STAMP”), the Stock Exchange Medallion

Program (“SEMP”), the New York Stock

Exchange, Inc. Medallion Signature Program

(“MSP”) or such other “signature guarantee

program” as may be determined by the Registrar in

addition to, or in substitution for, STAMP, SEMP

or MSP, all in accordance with the Securities

Exchange Act of 1934, as amended

Section 3.6. Certificate of Authentication. Only such Series 2019A Bonds as shall have endorsed thereon a Certificate of Authentication substantially in the fom1 set forth in Section 3 .5 hereto, duly manually executed by an authorized officer of the Registrar, shall be entitled to any right or benefit under this Ordinance. The Finance Director shall direct the Registrar to authenticate the Series 2019A Bonds, and no Series 2019A Bond shall be valid or obligatory for any purpose unless and until such Certificate of Authentication endorsed on each Series 2019A Bond shall have been manually executed by an authorized officer of the Registrar, and such executed Certificate shall be conclusive evidence that such Series 2019A Bond has been authenticated under this Ordinance. Section 3.7. Mutilated, Lost, Stolen or Destroyed Series 2019A Bonds. In the event any Series 2019A Bond is mutilated, lost, stolen or destroyed, the City, if permitted by law, shall execute, and the Registrar may authenticate and deliver, a new Series 2019A Bond of the same series, like date, tenor, maturity and denomination as the Series 2019A Bond mutilated, lost, stolen or destroyed, provided that in all cases there shall first be furnished to the Registrar and the City indemnity and evidence of ownership of such Series 2019A Bond satisfactory to each of them and in the case of any mutilated Series 2019A Bond, such mutilated Series 2019A Bond shall first be surrendered to the Registrar, and in the case of any lost, stolen or destroyed Series 2019A Bond, there shall be first furnished to the Registrar evidence of such loss, theft or destruction satisfactory to it. In the event any such mutilated, lost, stolen or destroyed Series 2019A Bond shall have matured, or would have matured within 90 days, or has been called for redemption and the redemption date has arrived or will arrive within 90 days, instead of issuing a substitute Series 2019A Bond, the Registrar, upon being furnished with indemnity and evidence of mutilation, loss, theft or destruction, as aforesaid, may pay the same without surrender thereof. The Registrar and the City may charge the holder or owner of such Series 2019A Bond with their reasonable fees and expenses in this connection. Any Series 2019A Bond issued under the provisions of this Section shall be equally and proportionately entitled in accordance with its terms to the security and benefits of this Ordinance with the Series 2019A Bonds then Outstanding. All mutilated Series 2019A Bonds surrendered pursuant to this Section shall be cancelled and not reissued. Section 3.8. Temporary Series 2019A Bonds. Until the definitive Series 2019A Bonds are prepared, the City may execute and, upon the request of the City, the Registrar shall authenticate and deliver, in lieu of definitive Series 2019A Bonds, but subject to the same provisions, limitations and conditions as the definitive Series 2019A Bonds, one or more temporary Series 2019A Bonds substantially of the tenor of the definitive Series 2019A Bonds in lieu of which such temporary Series 2019 A Bond or Series 2019 A Bonds are issued in denominations of $5,000 or any integral multiple thereof authorized by the City, and with such omissions, insertions and variations as may be appropriate to temporary Series 2019A Bonds. The City, at its own expense, shall prepare and execute and, upon the surrender of such temporary Series 2019A Bonds for exchange and the cancellation of such surrendered temporary Series 2019A Bonds, the Registrar shall authenticate and, without charge to the holder thereof, deliver in exchange therefor, definitive Series 2019A Bonds of the same aggregate principal amount and series and maturity as the temporary Series 2019A Bonds surrendered. Until so exchanged, the temporary Series 2019A Bonds shall in all respects be entitled to the same benefits and security as definitive Series 2019A Bonds authenticated and issued pursuant to this Ordinance. If the City shall authorize the issuance of temporary Series 2019A Bonds, the holder of any temporary Series 2019A Bond or Series 2019A Bonds may, at its option, surrender the same to the Registrar in exchange for another temporary Series 2019 A Bond or Series 2019 A Bonds of like aggregate principal amount and series and maturity of any other authorized denomination or denominations, and thereupon the City shall execute and the Registrar shall authenticate and, in exchange for the temporary Series 2019A Bond or Series 2019A Bonds so surrendered and upon payment of the taxes, fees and charges provided for in Section 3.9, shall deliver a temporary Series 2019A Bond or Series 2019A Bonds of like aggregate principal amount, series and maturity in such other authorized denomination or denominations as shall be requested by such owner. All temporary Series 2019A Bonds surrendered in exchange either for another temporary Series 2019A Bond or Series 2019A Bonds or for a definitive Series 2019A Bond or Series 2019A Bonds shall be forthwith cancelled by the Registrar. Section 3.9. Registration and Transfer of Series 2019A Bonds. At all times while any Series 2019A Bond remains Outstanding and unpaid, the Registrar shall keep or cause to be kept at its principal corporate office Books of Registry for the registration, exchange and transfer of Series 2019A Bonds. Upon presentation at its principal corporate office for any such purpose, the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered, exchanged or transferred, on the Books of Registry, the Series 2019A Bonds as set forth below. The Books of Registry shall at all times be open for inspection by the City or its duly authorized agent or representative. Any Series 2019A Bond may be exchanged at the principal corporate trust office of the Registrar for a like aggregate principal amount of such Series 2019A Bonds in other authorized principal sums of the same Series, interest rate and maturity. Any Series 2019A Bond may be transferred upon the Books of Registry by the person in whose name it is registered, in person or by his or her duly authorized agent, upon surrender of such Series 2019A Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the holder in person or by his or her duly authorized agent, in form satisfactory to the Registrar. No transfer or exchange of Series 2019A Bonds shall be required to be made during the 15 days next preceding an interest payment date for such bonds or during the 45 days next preceding the date fixed for redemption of such bonds. Whenever any Series 2019A Bond shall be surrendered for transfer or exchange at the principal corporate trust office of the Registrar, the Registrar shall authenticate (and send by registered mail to the new holder thereof at his or her request, risk and expense), in the name of the transferee or transferees, a new duly executed Series 2019A Bond or Series 2019A Bonds of the same series, interest rate and maturity and for a like aggregate principal sum, dated so that there shall result no gain or loss of interest as a result of such transfer, registered on the Books of Registry in such manner as the holder or transferee, as the case may be, may request. All transfers pursuant to this Section shall be made without expense to the holder of such Series 2019A Bonds, except that the Registrar shall require the payment by the holder of the Series 2019A Bond requesting such transfer of any tax or other governmental charges required to be paid with respect to such transfer. All Series 2019A Bonds surrendered pursuant to this Section shall be cancelled. Section 3.10. CUSIP Identification Numbers. CUSIP identification numbers may be printed on the Series 2019 A Bonds of any series, but no such number shall constitute a part of any Series 2019A Bond or a part of the contract evidenced thereby, and no liability shall attach to the City or any officer or agent thereof (including the Paying Agent and Registrar) by reason of said CUSIP identification numbers or any use made thereof (including any use thereof by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use. Section 3.11. Negotiated Sale of Series 2019A Bonds; Delegation of Authority to Execute Final Terms Certificate; Transcript. This Council finds and determines and hereby declares that: (a) The marketing of the Series 2019A Bonds entails an educational process of informing securities dealers and investors about the attributes of such Series 2019A Bonds; the Series 2019A Bonds are substantial in amount and are revenue bonds; and it is, therefore, in the best interest of the City that the sale of Series 2019A Bonds be negotiated. (b) This Council hereby ratifies the selection of D.A. Davidson & Co. (“Davidson”) to serve as managing underwriter of the Series 2019A Bonds; and authorizes and directs the Finance Director to enter into negotiations concerning the sale of such Series 2019A Bonds and to execute and deliver a bond purchase contract with Davidson, as representative of itself and the underwriters, the form of which bond purchase contract shall have been approved by the City Attorney or by subsequent resolution of this Council. (c) The Finance Director (or the Finance Administrator if the Finance Director is unable for any reason to exercise such authority) is authorized and directed to establish and designate on behalf of the City by the execution and delivery of the Final Terms Certificate at the time of the sale of the Series 2019A Bonds, subject to the provisions of this Ordinance, the following terms in connection with the Series 2019 A Bonds: (1) the aggregate principal amount of the Series 2019 A Bonds to be issued, not exceeding the aggregate principal amount of $15,000,000, (2) the years in which a principal maturity of the Series 2019A Bonds shall occur and the principal amount of the Series 2019A Bonds to mature on such dates as he or she may determine, (3) the date of final maturity of the Series 2019A Bonds, which shall in no event be later than December 31, 2040, ( 4) the date or dates upon which the Series 2019A Bonds shall be sold, (5) the rate or rates of interest to be carried by each maturity of the Series 2019A Bonds, such that the true interest cost of the Series 2019A Bonds shall not exceed 5.00%, (6) the method, if any, by which such rate or rates of interest shall be calculated and the first interest payment date and subsequent interest payment dates for each series of the Series 2019 A Bonds, (7) the purchase price for the Series 2019 A Bonds, which shall not be less than 96.0% of the principal amount thereof (including an underwriting discount of not greater than 0.70% of par), and (8) the optional and mandatory sinking fund redemption dates and prices of the Series 2019 A Bonds and all terms relating thereto, or if the Series 2019A Bonds will not be subject to optional or mandatory sinking fund redemption. (d) The Finance Director, the City Attorney, the City Clerk, the Finance Administrator and all other officials of the City are hereby authorized to take such action and execute such orders, receipts, opinions, certificates and other documents as may be necessary in order to effectuate the issuance, sale and delivery of the Series 2019A Bonds or any portion thereof and the preparation and execution of the Series 2019 A Bonds in accordance with this Ordinance and applicable law. It is also directed that a transcript shall be prepared of all proceedings on which rests the authority of the City to issue and sell the Series 2019A Bonds. Section 3.12. Application of Bond Proceeds. The proceeds derived from the sale of the Series 2019A Bonds, including any premium received upon the sale thereof shall be deposited in the Series 2019A Acquisition Fund created under Section 5.1 herein. Section 3.13. Refunding Bonds. The City, by means of a supplemental ordinance and without the consent of the Series 2019A Bondholders, may issue Refunding Bonds as follows: (a) Refunding Bonds may be issued for the purpose of refunding (including by purchase) within one year prior to maturity any Series 2019 A Bond for the payment of which sufficient Special Tax Revenues are not available. Any Refunding Bond issued for such purpose shall mature not earlier than the latest stated maturity of any Series 2019A Bond not refunded to be Outstanding after such refunding. (b) Refunding Bonds may be issued at any time for the purpose of refunding (including by purchase) at any time any Series 2019A Bonds, including amounts to pay principal and interest to the date of maturity or redemption (or purchase) and the expenses of issuing the Refunding Bonds and of effecting such refunding, provided that the Debt Service on all Series 2019A Bonds to be Outstanding after the issuance of the Refunding Bonds shall not be greater in any Fiscal Year in which Series 2019 A Bonds not refunded shall remain Outstanding than would have been the Debt Service in such Fiscal Year were such refunding not to occur ARTICLE IV REDEMPTION OF SERIES 2019A BONDSS Section 4.1. Optional Redemption of Series 2019A Bonds. Subject to the Final Terms Certificate and to Section 4.2 herein, the Series 2019A Bonds maturing on and after January 15, 2030 shall be subject to redemption prior to their stated maturities at the option of the City, on or after January 15, 2029, in whole or in part at any time, in such order of their maturities as the City may select, and by lot within each maturity from any legally available source of funds. The Series 2019A Bonds so called for redemption shall be redeemed at the price of par, plus accrued interest to the date fixed for redemption, with no redemption premium. In conjunction with the negotiation of the sale of the Series 2019A Bonds pursuant to Section 3.11 hereof, the Finance Director is hereby authorized to negotiate, establish, fix and designate terms of the optional redemption of the Series 2019A Bonds different from those hereinabove set out, including, without limitation, terms providing for no optional redemption. Any such tem1s may provide for an initial optional redemption date of no later than the tenth anniversary of the date of issuance of the Series 2019 A Bonds. Section 4.2. Mandatory Sinking Fund Redemption of Series 2019A Bonds. In conjunction with the negotiation of the sale of the Series 2019A Bonds pursuant to Section 3.11 herein, the Finance Director is hereby authorized to negotiate, establish, fix and designate the terms providing for the mandatory sinking fund redemption of the Series 2019A Bonds or a portion thereof. The terms of such mandatory sinking fund redemption, if any, shall specify the maturity or maturities of the Series 2019A Bonds subject to mandatory sinking fund redemption and the principal amount and date of each mandatory sinking fund redemption. The mandatory sinking fund redemption price shall be par without premium and the Series 2019A Bonds (or portions thereof) subject to mandatory sinking fund redemption on each mandatory sinking fund redemption date shall be selected by lot ( or in such other manner as the City may select). To the extent the Series 2019A Bonds have been previously called for redemption in part and otherwise than from the sinking fund, if any, each related annual sinking fund payment for the Series 2019 A Bonds shall be reduced by the amount obtained by multiplying the principal amount of such Series 2019A Bonds so called for redemption, by the ratio which each annual sinking fund payment for the Series 2019A Bonds bears to the total sinking fund payments of such Series 2019A Bonds subject to mandatory sinking fund redemption, and by rounding each sinking fund payment to the nearest $5,000 multiple. In case a Series 2019A Bond subject to mandatory sinking fund redemption is of a denomination larger than $5,000, a portion of such Series 2019A Bond ($5,000 or any multiple thereof) may be redeemed, but Series 2019A Bonds shall be redeemed only in the principal amount of $5,000 each or any integral multiple thereof. On or before the 30th day prior to each such mandatory sinking fund payment date, the Paying Agent shall proceed to select for redemption (by lot) from all outstanding Series 2019A Bonds subject to mandatory sinking fund redemption a principal amount of such Series 2019 A Bonds, equal to the aggregate principal amount of such Series 2019A Bonds redeemable with the required sinking fund payment, and shall call such Series 2019A Bonds or portions thereof ($5,000 or any integral multiple thereof) for redemption from such sinking fund on the next mandatory sinking fund redemption date, and give notice of such call as provided by Section 4.3 herein. Section 4.3. Notice and Effect of Redemption. If any Series 2019A Bond (or portion thereof in installments of $5,000 or any integral multiple thereof) is to be redeemed, notice of redemption specifying the series designation, date, numbers and maturities of the Series 2019 A Bonds to be redeemed, the date fixed for their redemption and the premium, if any, payable upon such redemption shall be provided, not less than 30 days prior to the redemption date, by registered or certified mail, to the holder of any of such Series 2019A Bonds to be redeemed in whole or in part in whose name such Series 2019A Bond is registered as of a record date which shall be 45 days prior to the redemption date, at his or her last address as it appears on the Books of Registry maintained by the Registrar. If less than the entire principal sum of any Series 2019A Bond is to be redeemed, then such Series 2019A Bond must be surrendered in exchange for the amount thereof to be redeemed and a new Series 2019A Bond of like series, maturity and interest rate in the denomination equaling in principal amount that portion of the principal sum thereof not redeemed. When any of the aforesaid Series 2019A Bonds shall have been called for redemption and notice thereof has been given as hereinabove set forth and payment thereof duly made or provided for, interest thereon shall cease from and after the date so specified for their redemption. Section 4.4. Cancellation of Redeemed Series 2019A Bonds. All Series 2019A Bonds surrendered or redeemed pursuant to the provisions of this Article shall be cancelled. ARTICLE V CREATION OF FUNDS AND ACCOUNTS; PAYMENTS THEREFROM; PLEDGES; INVESTMENT OF MONEYS Section 5.1. Creation of Funds. There are hereby created and established two special trust funds to be held by the Treasurer called (1) the “2019A Special Tax Redevelopment Acquisition Fund” (hereinafter called the “Acquisition Fund”); and (2) the “2019A Special Tax Redevelopment Bond Fund” (hereinafter called the “Bond Fund”), which funds shall be held by the Treasurer separately and apart from all other funds and moneys under its control. There are hereby created and established in the Bond Fund the following special trust accounts: (i) the Bond Interest Account and (ii) the Bond Principal Account. So long as any of the Series 2019A Bonds herein authorized, or any .interest therein, remain unpaid, the moneys in the foregoing funds and accounts shall be used for no purpose other than those required or permitted by the this Ordinance, any supplemental ordinance providing for the issuance of Refunding Bonds and the Act. Section 5.2. Acquisition Fund. The proceeds from the sale of the Series 2019 A Bonds shall be placed in the Acquisition Fund. The moneys transferred to and placed in the Acquisition Fund shall remain therein until used by the City for the purpose of reimbursing the City for any costs incurred by the City, for property acquisition, demolition, remediation and relocation, as well as any costs required to remediate or prepare property for development as identified in and pursuant to the Redevelopment Plan and other costs related thereto, and specifically including in such costs the cost of any lawful purpose in connection with the Kiewit Project and any costs of construction and installation with respect to the Kiewit Project incurred by the City. If any sums remain in the Acquisition Fund after the full accomplishment of the objects and purposes for which the Series 2019A Bonds were issued, the sums remaining shall be transferred to the Bond Fund and applied as are other moneys in such Fund. Section 5.3. Special Tax Revenues. As provided in the Redevelopment Plan, pursuant to Section 18-2107(11) of the Act, the City, in its capacity as an authority under the Act, is empowered annually to certify to the Council the amount of special tax to be levied for community redevelopment purposes. In such capacity, the City shall annually certify to the Council an amount of special taxes equal to the principal of and interest on the Series 2019A Bonds and the Parity Bonds due in the Fiscal Year next succeeding the date of the certification, provided that such amount so certified shall not, in combination with any other such special tax certifications, exceed 2.6 cents on each $100 of taxable valuation. The City has covenanted in Section 6.5 of this Ordinance to comply with the requirements of the Act pertaining to the annual certification to the Council of the community redevelopment tax levy amount required to satisfy the debt service requirements of the Series 2019A Bonds and the Parity Bonds. The Council is required by the Act to levy and collect the taxes so certified at the same time and in the same manner as other city taxes are levied and collected. The Special Tax Revenues are hereby pledged in their entirety to the payment of the principal of and interest on the Series 2019 A Bonds as in this Ordinance provided, on a parity with the Parity Bonds, and until all of the Series 2019A Bonds and all interest thereon have been paid (or until moneys for that purpose have been irrevocably set aside), the Special Tax Revenues, when due and as collected, shall be deposited in the Bond Fund relating to the Series 2019A Bonds and the bond fund relating to any series of Parity Bonds, and shall be applied solely to the payment of the Series 2019A Bonds and the Parity Bonds, as applicable, and the interest thereon as in this Ordinance provided and in the ordinances authorizing the issuance of the Parity Bonds. Such allocation and pledge are for the exclusive benefit of the holders of the Series 2019A Bonds herein authorized and the Parity Bonds, and shall be irrevocable. Section 5.4. Bond Fund. The Special Tax Revenues accumulated in the Bond Fund shall be used in the following priority; provided, however, that, to the extent credits have been made in any of the accounts referred to below from the proceeds of the sale of the Series 2019 A Bonds or otherwise, the credits below need not be made: (a) Bond Interest Account. Credits shall be made into the Bond Interest Account so that the balance in said account on or before the date of the payment of any installment of interest on the Series 2019A Bonds shall be equal to the amount due at such installment. Moneys in the Bond Interest Account shall be used for the payment of interest on the Series 2019A Bonds as the same become due, and, after such payment, the account shall be restored by further deposits to the required balance. (b) Bond Principal Account. After the credits have been made pursuant to subparagraph (a) above, credits shall next be made into the Bond Principal Account so that the balance in said Account shall equal the next principal payment or payments, as the case may be, on or before the date of payment thereof on the then Outstanding Series 2019A Bonds. Moneys in the Bond Principal Account shall be used for the payment of the principal of the Series 2019A Bonds, as the same become due, and, after such payment, the account shall be restored by further credits to the required balance. Section 5.5. Investment of Moneys in Funds and Accounts; Moneys Held in Trust. Money in the Acquisition Fund, the Bond Interest Account and the Bond Principal Account in the Bond Fund shall, to the fullest extent practicable and reasonable, be invested and reinvested by the City, to the extent allowed by law solely in, and obligations deposited in such funds and accounts shall be, Government Obligations which shall mature or be subject to redemption at the option of the holder thereof on or before the respective dates when the moneys in such funds and accounts will be required for the purposes intended. Government Obligations purchased as an investment of moneys in any of the funds or accounts shall be deemed at all times to be a part of such fund or account, and the interest accruing thereon and any gain realized from such investment shall be credited to such fund or account, and any loss resulting from any such authorized investment shall be charged to such fund or account without liability to the City or the officials thereof; provided, however, that any investment earnings on moneys or Government Obligations held in any of the accounts in the Bond Fund shall be used to make up any deficiency in another account in the Bond Fund. The City shall sell at the best price obtainable or present for redemption any obligation so purchased whenever it shall be necessary to do so in order to provide moneys to meet any payment or transfer from a fund or account as required by this Ordinance. Until used and applied in accordance with this Ordinance, all moneys held in the Bond Fund, the Acquisition Fund, and the securities in which such moneys may from time to time be invested, shall be held in trust for the equal and ratable benefit and security of the holders of the Series 2019A Bonds then Outstanding. All moneys held by any paying agent for the payment of principal and interest of said Series 2019 A Bonds shall be held by such agent in trust for the equal and ratable benefit and security of the Series 2019A Bonds for which moneys have been so set aside. ARTICLE VI COVENANTS OF THE CITY As long as the Series 2019A Bonds are Outstanding and unpaid, the City will (through its proper officers, agents or employees) faithfully perform and abide by all the covenants, undertakings and provisions contained in this Ordinance or in the Series 2019 A Bonds issued hereunder, including the following covenants and agreements for the benefit of the Series 2019A Bondholders which are necessary, convenient and desirable to secure the Series 2019A Bonds; provided, however, that said covenants do not require the City to expend any funds other than the Special Tax Revenues or violate the provisions of State law with respect to tax revenue sharing. Section 6.1. Complete Kiewit Project; Management and Operation of Properties. The City covenants that it has completed or will complete its portion of the Kiewit Project in accordance with the Act and the Redevelopment Agreement, and that it will cause all properties owned by it and comprising any part of the Kiewit Project to be managed and operated in a sound and businesslike manner. Section 6.2. Use of Proceeds. The City covenants and agrees that the proceeds of the sale of the Series 2019A Bonds will be deposited and used as provided in this Ordinance or supplemental ordinances. Section 6.3. No Priority. The City previously issued and there remain outstanding, the Parity Bonds, which have a lien on the Special Tax Revenues on a parity with that of the Series 2019A Bonds. The City covenants and agrees that it will not issue any additional obligations the principal of or interest on which is payable from the Special Tax Revenues which have, or purport to have, any lien upon the Special Tax Revenues prior or superior to the lien of the Series 2019A Bonds herein authorized. Nothing in this Ordinance shall prevent the City from issuing and selling bonds or other obligations which have, or purport to have, any lien upon the Special Tax Revenues which is on a parity with the Series 2019A Bonds herein authorized, provided that the Special Tax Revenues available for debt service for the fiscal year immediately preceding the date the lien of the Special Tax Revenues attaches with respect to such bonds or other obligations is at least 125% of the maximum annual debt service with respect to the Series 2019A Bonds, such bonds or other obligations and all other parity indebtedness to be outstanding immediately after the date such lien attaches. Section 6.4. Community Development Agency. The City covenants and agrees that it has created a community development agency by authority of Section 18-2 101.01 of the Act and ratifies and confirms actions heretofore taken to establish, and does hereby designate and establish, the Planning Department of the City to be and to continue as said community development agency of the City. In its capacity as said community development agency, the Planning Department shall cooperate fully with the City, acting as an authority under the Act, in the fulfillment of the City’s undertakings pursuant to this Ordinance. Section 6.5. Certification of Community Redevelopment Tax Levy. The City, acting in its capacity as an authority under the Act, covenants and agrees to certify in July of each year to the Council the amount of tax to be levied in the current fiscal year for collection in the next succeeding fiscal year for community redevelopment purposes, including the amount required to defray the expense of the City, as an authority, in respect of the principal of and interest on the Series 2019A Bonds and the Parity Bonds due and payable during such fiscal year, which amount of tax shall not exceed 2.6 cents on each $100 upon the actual value of all taxable property in the City, except intangible property, all as provided by Section 18-2107(11) of the Act. The actual amounts annually to be so certified in respect of the scheduled payments of principal of and interest on the Series 2019A Bonds shall be set forth in the Final Terms Certificate at the time of the sale of the Series 2019A Bonds. The City may certify a lesser amount than the amount specified in the Final Terms Certificate for any particular fiscal year, but only if and to the extent (a) the City then has available on deposit in the Bond Fund an amount equal to the amount of the proposed reduction or (b) the amount of the proposed reduction equals the debt service requirement for such fiscal year of Series 2019A Bonds which no longer are Outstanding. The Finance Director shall notify the Council in writing of the proposed reduction and of the justification for such proposed reduction. Section 6.6. To Pay Principal of and Interest on Series 2019A Bonds. The City will duly and punctually pay or cause to be paid solely from the Special Tax Revenues and the other moneys which are pledged herein to the payment thereof, the principal of and interest on the Series 2019A Bonds on the dates and at the places in the manner provided in such Series 2019A Bonds, according to the true intent and meaning thereof, and will faithfully do and perform and fully observe and keep any and all covenants, undertakings, stipulations and provisions contained in the Series 2019A Bonds and in this Ordinance. Section 6.7. Books of Account; Financial Statements. The City covenants and agrees that it will at all times keep, or cause to be kept, proper and current books of account (separate from all other records and accounts) in which complete and accurate entries shall be made of all transactions relating to the Kiewit Project, Special Tax Revenues and other funds relating to said project. Within 270 days after the close of each Fiscal Year, the City shall cause such books of account to be audited by an independent certified public accountant, which audit may be part of the annual audit of the accounts of the City. Section 6.8. Eminent Domain Proceeds. The City covenants and agrees that if all or any part of the Kiewit Project should be taken by eminent domain proceedings or other proceedings authorized by law for any public or other use under which the property will be exempt from ad valorem taxation, the net proceeds realized by the City therefrom (if any) will be deposited in the Bond Fund and used and applied for the purpose of paying principal of and interest on Series 2019A Bonds as in this Ordinance provided. Section 6.9. Protection of Security. The City is duly authorized under all applicable laws to create and issue the Series 2019A Bonds and to adopt this Ordinance and to pledge the Special Tax Revenues and other moneys, securities and funds under this Ordinance in the manner and to the extent provided in this Ordinance. The Special Tax Revenues and other moneys, securities and funds so pledged are and will be free and clear of any pledge, lien, charge, security interest or encumbrance thereon or with respect thereto prior to, or of equal rank (except the Parity Bonds) with, the pledge created by this Ordinance, except as otherwise expressly provided herein, and all corporate action on the part of the City to that end has been duly and validly taken. The Series 2019A Bonds and the provisions of this Ordinance are and will be valid obligations of the City in accordance with their terms and the terms of this Ordinance. The City shall at all times, to the extent permitted by law, defend, preserve and protect the pledge of and security interest granted with respect to the Special Tax Revenues and other moneys, securities and funds pledged under this Ordinance and all the rights of the Series 2019 A Bondholder under this Ordinance against all claims and demands of all persons whomsoever. Section 6.10. Extension of Payment of Series 2019A Bonds. The City will not directly or indirectly extend or assent to the extension of the maturity of any of the Series 2019A Bonds or the time of payment of any interest thereon by the purchase or funding of such Series 2019 A Bonds or claims for interest or by any other arrangement, and, in case the maturity of any of the Series 2019A Bonds or the time for payment of any interest thereon or claims for interest shall be extended, such Series 2019 A Bonds, interest or claims for interest shall not be entitled in case of any default under this Ordinance to the benefit of this Ordinance or to any payment or any assets of the City or the funds held by the Treasurer hereunder, except subject to the prior payment of the principal of all Series 2019A Bonds issued and outstanding the maturity of which has not been extended and of such portion of the accrued interest on the Series 2019A Bonds as shall not be represented by such extended interest or claims for interest. Nothing herein shall be deemed to limit the right of the City to issue Refunding Bonds as provided in this Ordinance, and such issuance shall not be deemed to constitute an extension of maturity of Series 2019A Bonds. Section 6.11. Continuing Disclosure. The City (a) authorizes and directs the Mayor, or in the Mayor’s absence, the Finance Director to execute and deliver, on the date of the issuance of the Series 2019A Bonds, a Continuing Disclosure Certificate (the “Disclosure Certificate”) in such form that satisfies the requirements of Rule 15c2-12 of the Securities Exchange Act of 1934 (the “Rule”) and is acceptable to Davidson and (b) covenants that it will comply with and carry out all of the provisions of the Disclosure Certificate. Notwithstanding any other provisions of this Ordinance, failure of the City to comply with the Disclosure Certificate will not be considered a default under this Ordinance or the Series 2019A Bonds; however, any Series 2019A Bondholder or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this Section and the Disclosure Certificate. Section 6.12. Tax Covenants. The City shall not use the proceeds of the Tax-Exempt Bonds in a manner that would cause the Tax-Exempt Bonds to be “arbitrage bonds” under Section 148 of the Code. To that end, the City shall comply throughout the term of the Tax-Exempt Bonds with the requirements of said Section 148 of the Code and the applicable regulations of the Internal Revenue Service adopted thereunder. The provisions of this paragraph shall be a covenant with the purchasers from time to time of the Tax-Exempt Bonds. In addition, the City covenants to comply throughout the term of the Tax-Exempt Bonds with the following requirements: (a) Gross proceeds of the Tax-Exempt Bonds will not be used in a manner which will cause the Tax-Exempt Bonds to be considered “private activity bonds” within the meaning of the Code. (b) Except as provided in subparagraph (c) below, no gross proceeds of the Tax-Exempt Bonds are reasonably expected to be used (or will be used other than inadvertently), directly or indirectly, to acquire higher yielding investments or to replace funds which were used, directly or indirectly, to acquire higher yielding investments. (“Higher yielding investments” means any investment property which can reasonably be expected to produce a yield in excess of the yield on the Tax-Exempt Bonds.) Records of all investments shall be maintained by the City until six years after the retirement of the last of the Tax-Exempt Bonds. (c) The investment earnings on any bona fide debt service fund for the Tax- Exempt Bonds will be invested without regard to the yield limitations described in subparagraph (b) above. No annual rebate of the investment earnings on said fund for the period of time beginning on the anniversary of the issuance date of the Tax-Exempt Bonds of a given year and ending on the day next preceding such anniversary date in the immediately subsequent year will be made. (d) The Tax-Exempt Bonds shall not become directly or indirectly federally guaranteed. The Tax-Exempt Bonds will be considered to be “federally guaranteed” if the payment of principal or interest with respect to such Tax-Exempt Bonds is guaranteed (in whole or in part) by the United States (or any agency or instrumentality thereof) or 5% or more of the proceeds of the Tax-Exempt Bonds are used in making loans, the payment of principal or interest with respect to which is guaranteed or invested (directly or indirectly) in federally insured deposits or accounts. (e) All nonrefunding proceeds of the Tax-Exempt Bonds (other than amounts invested in the Rebate Account (defined below) and any debt service fund for the Tax-Exempt Bonds) shall be expended within the shorter of three years after the date of issue of the Tax-Exempt Bonds or the temporary period provided by the Code. (f) The City shall establish a trust account (the “Rebate Account”) pursuant to this Ordinance for the purpose of accepting deposits of rebate amounts which may occur by operation of the limitations described in subparagraphs (b) and (c) above. The City shall provide not later than 45 days after the fifth Bond Year and every five years thereafter for payment to the United States of 90% of the amounts deposited to the Rebate Account and 100% of the investment earnings on said deposits. Not later than 60 days after the final retirement of the Tax-Exempt Bonds, the City shall pay 100% of the remaining balance of the Rebate Account to the United States. Each payment shall be filed with the Internal Revenue Service Center, Ogden, Utah 84201. Each payment shall be accompanied by a copy of Form 8038-T and a statement summarizing the determination of the amounts paid and to be paid to the United States ARTICLE VII AMENDING AND SUPPLEMENTING OF ORDINANCE Section 7.1. Amending and Supplementing of Ordinance Without Consent of Holders of Series 2019A Bonds. The City shall not amend or supplement this Ordinance except in accordance with Section 3 .13 or Section 6.11 hereof, or in accordance with the provisions of this Article VII. The City may from time to time and without the consent of any holder of the Series 2019A Bonds: (i) make any amendments or modifications hereto which may be required to permit this Ordinance to be qualified under the Trust Indenture Act of 1939, as amended; (ii) make any modification or amendment of this Ordinance not inconsistent herewith required for the correction of language or to cure any ambiguity or defective provision, omission, mistake or manifest error herein contained; (iii) make any amendments or supplements hereto to grant to or confer upon any Series 2019A Bondholders additional rights, remedies, power and authority, or to grant to or confer upon a committee or trustee for the Series 2019A Bondholders any additional rights, remedies, power or authority; (iv) provide for the use of a book-entry system of registration; and (v) provide for the issuance of coupon bonds. Section 7.2. Amendment of Ordinance With Consent of Holders of Series 2019A Bonds. From time to time the holders of 66-2/3% in principal amount of the Series 2019A Bonds of a series then Outstanding hereunder, by an instrument or instruments in writing signed by such holders and filed with the City, shall have power to assent to and authorize any modification or amendment that shall be proposed by the City of the provisions of this Ordinance or of the rights and obligations of the City and of the holders of such Series 2019A Bonds, and any action herein authorized to be taken with the assent and authority given as aforesaid of the holders of 66-2/3% in principal amount of such Series 2019A Bonds at the time Outstanding hereunder shall be binding upon the holders of all of such Series 2019A Bonds Outstanding hereunder and upon the City as fully as though such action were specifically and expressly authorized by the terms of this Ordinance, provided always that, without the consent of the holder of each Series 2019 A Bond affected thereby, no such modification shall be made which will (a) extend the time of payment of the principal of or the interest on any Series 2019A Bond or reduce the principal amount thereof or the rate of interest thereon or the premium payable upon the redemption thereof, (b) give to any of said Series 2019 A Bonds any preference over any other Series 2019 A Bond or Series 2019 A Bonds secured equally and ratably therewith, (c) authorize the creation of any pledge prior to or on a parity with the pledge afforded by this Ordinance, (d) deprive any holder of such Series 2019A Bonds of the security afforded by the pledge of this Ordinance or (e) reduce the percentage in principal amount of such Series 2019A Bonds required to assent to or authorize any such modification to this Ordinance. For the purpose of computations required by this paragraph, Series 2019 A Bonds directly or indirectly owned or controlled by the City shall be disregarded. Section 7.3. Effectiveness of Supplemental Ordinance. Upon the adoption (pursuant to this Article and applicable law) by the City of any supplemental ordinance amending or supplementing the provisions of this Ordinance or upon such later date as may be specified in such supplemental ordinance, (i) this Ordinance and the affected Series 2019A Bonds shall be modified and amended in accordance with such supplemental ordinance, (ii) the respective rights, limitations of rights, obligations, duties and immunities under this Ordinance of the City and the holders of the Series 2019 A Bonds shall thereafter be determined, exercised and enforced under this Ordinance, subject in all respects to such modifications and amendments and (iii) all of the terms and conditions of any such supplemental ordinance shall be a part of the terms and conditions of the Series 2019 A Bonds and of this Ordinance for any and all purposes. ARTICLE VIII THE PAYING AGENT AND REGISTRAR The City hereby appoints First National Bank of Omaha to serve as Paying Agent and Registrar, and approves a Paying Agent and Registrar Agreement, in substantially the form attached hereto as Exhibit A, with First National Bank of Omaha, setting forth its duties and responsibilities as Paying Agent and Registrar and the compensation therefor, and authorizes and directs the Mayor of the City to execute and deliver such Paying Agent and Registrar Agreement with such modifications and additions as the Mayor shall approve. ARTICLE IX DEFEASANCE; MONEYS HELD FOR PAYMENT OF DEFEASED 2019 BONDS Section 9.1. Discharge of Liens and Pledges; Series 2019A Bonds Deemed To Be No Longer Outstanding Hereunder. If the City shall pay or cause to be paid to the owners of the Series 2019A Bonds the principal and interest to become due thereon at the time and in the manner stipulated therein, and if the City shall keep, perform and observe all and singular the covenants and promises in the Series 2019A Bonds and in this Ordinance expressed as to be kept, performed and observed by it or on its part, then these presents and the estate and rights hereby granted shall cease, determine and be void, and thereupon the lien of this Ordinance shall be cancelled and discharged without further action by the City and the Finance Director may apply any balances in any fund or account established hereunder, other than moneys held for the redemption or payment of the Series 2019A Bonds, to any lawful purpose of the City as the Council shall determine. It is specifically understood and agreed that the release of the lien of this Ordinance shall not affect nor cancel the provisions of this Ordinance relating to the Series 2019A Bonds issued or the rights of the owners of the Series 2019A Bonds or the City, which provisions shall continue in full force and effect according to their terms. The City may at any time surrender to the Registrar for cancellation by it any Series 2019A Bonds previously authenticated and delivered hereunder which the City may have acquired in any manner whatsoever, and such Series 2019A Bonds, upon surrender and cancellation, shall be deemed to be paid and retired. For the purpose of this Ordinance, any Series 2019A Bond issued hereunder shall be deemed to be fully discharged and satisfied and no longer Outstanding when: (a) a Series 2019A Bond is cancelled whether by reason of payment or redemption prior to maturity; (b) a Series 2019A Bond is surrendered to the Registrar for cancellation; ( c) a Series 2019 A Bond for which the payment of the principal of and all interest accrued and to accrue through the due date of payment (regardless of whether such due date arises by reason of maturity, upon redemption or by declaration as provided herein) has been made; such payment will be deemed to have been made when there have been deposited with an appropriate fiduciary institution acting as escrow agent sufficient moneys to make such payment or Government Obligations maturing, as to principal and interest, in such amount and at such times as will insure the availability of sufficient moneys to make any such payment and all necessary and proper fees, compensation and expenses of the escrow agent pertaining to such Series 2019 A Bond with respect to which such deposit is made have either been paid or payment provided for to the satisfaction of the escrow agent; provided, however, no deposit of cash or Government Obligations shall constitute discharge and satisfaction as to any Series 2019A Bond to be redeemed prior to their maturity unless: (i) such Series 2019A Bond has been irrevocably called or designated for redemption on the first date thereafter on which such Series 2019A Bond may be redeemed in accordance with the provisions of Article IV of this Ordinance; and (ii) proper notice of the redemption of such Series 2019A Bond has been mailed as required by Article IV hereof, or irrevocable provision shall have been made for the mailing of such notice; and (d) a Series 2019A Bond is mutilated, destroyed or lost and, subsequently, a new Series 201 9 A Bond is issued as provided under Section 3. 7 of this Ordinance At such time as a Series 2019 A Bond shall no longer be deemed to be Outstanding hereunder, as provided in this Section, such Series 2019A Bond shall no longer be secured by or entitled to the benefits of this Ordinance except for the purpose of payment from the cash or Government Obligations deposited with and held by the escrow agent for such purpose. Moneys deposited with the escrow agent under this Section and the proceeds of any Government Obligations held under this Section may be invested and reinvested in Government Obligations which mature in the amounts and at the times required to comply with the provisions of this Section. Any income from such investments in excess of the requirements for principal of and interest on any Series 2019 A Bond not being Outstanding under the provisions of this Section shall be paid to the City. If cash or Government Obligations shall have been deposited with the escrow agent in accordance with this Section, in trust for the purpose and sufficient and available to pay the principal of any Series 2019A Bond, together with all interest due thereon to the due date thereof or to the date fixed for the redemption thereof, all liability of the City for such payments shall terminate and be discharged, whether or not such Series 2019A Bond shall be presented for payment on the due date, whether at maturity or upon redemption or by declaration, and the escrow agent shall hold such moneys or Government Obligations without liability to the owner of such Series 2019A Bond for interest thereon, in trust for the benefit of the owner of such Series 2019 A Bond, who thereafter shall be restricted exclusively to such moneys or Government Obligations for any claim for such payment of whatsoever nature on his or her part, except as is provided in Section 9.2 hereof. Section 9.2. Unclaimed Moneys. In the event any Series 20 19 A Bonds shall not be presented for payment when the principal thereof becomes due, if funds sufficient to pay such Series 2019A Bonds shall have been made available to the escrow agent for the benefit of the owners thereof, all liability of the City to the Series 2019 A Bondholders for the payment of such Series 2019A Bonds and the interest thereon shall forthwith cease, determine and be completely discharged and thereupon it shall be the duty of the escrow agent to hold such fund or funds, without liability for interest thereon, for a period of six years after the Series 2019A Bonds shall have matured, for the benefit of the owners of such Series 2019A Bonds, who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on their part under this Ordinance or with respect to the Series 2019A Bonds. At the expiration of such period, any unclaimed principal or interest shall be paid to the City and thereafter all claimants shall be restricted exclusively to making claim against the City for such principal or interest. The City shall have no liability for interest on any such funds paid to it and shall not be required to hold such funds in trust nor to, in any manner, segregate such funds on its books. ARTICLEX ENFORCEMENT OF ORDINANCE So long as any of the Series 2019A Bonds are Outstanding, each of the obligations, duties, limitations and restraints imposed upon the City by this Ordinance shall be deemed to be a covenant between the City and every holder of the Series 2019 A Bonds, and this Ordinance and every provision and covenant hereof, the Act and the Charter shall constitute a contract of the City with every holder from time to time of the Series 2019A Bonds. Any holder of a Series 2019A Bond may, by mandamus or other appropriate suit, action or proceeding at law or in equity in any court of competent jurisdiction, enforce and compel performance of this Ordinance and every provision and covenant hereof, including, without limiting the generality of the foregoing, the enforcement of the performance of all duties required of the City by this Ordinance, by the Charter and by the Act and any other applicable laws of the State of Nebraska. ARTICLE XI MISCELLANEOUS Section 11.1. Benefits of Ordinance Limited to the City and Holders of the Series 2019A Bonds. With the exception of rights or benefits herein expressly conferred, nothing expressed or mentioned in or to be implied from this Ordinance or the Series 2019A Bonds is intended or should be construed to confer upon or give to any person other than the City and the holders of the Series 2019 A Bonds any legal or equitable right, remedy or claim under or by reason of or in respect to this Ordinance or any covenant, condition, stipulation, promise, agreement or provision herein contained. This Ordinance and all of the covenants, conditions, stipulations, promises, agreements and provisions hereof are intended to be and shall be for, and inure to the sole and exclusive benefit of, the City and the holders from time to time of the Series 2019A Bonds as herein and therein provided. Section 11.2. No Personal Liability. No officer or employee of the City shall be individually or personally liable for the payment of the principal of, or interest on the Series 2019 A Bonds. Nothing herein contained shall, however, relieve any such officer or employee from the performance of any duty provided or required by law. Section 11.3. Effect of Saturdays, Sundays and Legal Holidays. Whenever this Ordinance requires any action to be taken on a Saturday, Sunday or legal holiday, such action shall be taken on the first business day occurring thereafter. Whenever in this Ordinance the time within which any action is required to be taken or within which any right will lapse or expire shall terminate on a Saturday, Sunday or legal holiday, such time shall continue to run until midnight on the next succeeding business day. Section 11.4. Partial Invalidity. If any one or more of the covenants or agreements or portions thereof provided in this Ordinance on the part of the City to be performed should be determined by a court of competent jurisdiction to be contrary to law, then such covenant or covenants, or such agreement or agreements, or such portions thereof, shall be deemed severable from the remaining covenants and agreements or portions thereof provided in this Ordinance, and the invalidity thereof shall in no way affect the validity of the other provisions of this Ordinance or of the Series 2019A Bonds, but the holders of the Series 2019A Bonds shall retain all the rights and benefits accorded to them hereunder and under any applicable provisions of law. If any provisions of this Ordinance shall be held or deemed to be or shall, in fact, be inoperative or unenforceable or invalid as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts with any constitution or statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable or invalid in any other case or circumstance, or of rendering any other provision or provisions herein contained inoperative or unenforceable or invalid to any extent whatever. Section 11.5. Law and Place of Enforcement of This Ordinance. This Ordinance shall be construed and interpreted in accordance with the laws of the State of Nebraska. All suits and actions arising out of this Ordinance shall be instituted in a court of competent jurisdiction in the State of Nebraska, except to the extent necessary for enforcement, by any trustee or receiver appointed by or pursuant to the provisions of this Ordinance, of remedies under this Ordinance. Section 11.6. Effect of Article and Section Headings and Table of Contents. The headings or titles of the several Articles and Sections hereof, and any table of contents appended hereto or to copies hereof, shall be solely for convenience of reference and shall not affect the meaning, construction, interpretation or effect of this Ordinance. Section 11.7. Repeal of Inconsistent Ordinance. Any ordinance of the City, and any part of any ordinance or resolution inconsistent with this Ordinance, is hereby repealed to the extent of such inconsistency. Section 11.8. Effective11ess of This Ordi11a11ce. The Series 2019A Bonds are being issued to finance public improvements in connection with the Kiewit Project, each pursuant to the Act; this Ordinance is therefore declared to be administrative (not legislative) in character; and, under Section 2.12 of the City Charter and Rule VII of the Rules adopted by the City Council of the City of Omaha, this Ordinance shall become effective from and after its adoption.

 

First Reading October 22, 2019; Second Reading and Public Hearing October 29, 2019; Third Reading and Vote November 5, 2019

 

PASSED: November 5, 2019: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

 

11-13-19

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