03/28/2006 Ordinances 9038
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ORDINANCE NO. 9038
An ordinance to establish Chapter 37 of the Grand Island City Code; to move city
code articles pertaining to the Planning Commission, the Community Development Division and
the Community Redevelopment Division from Chapter 2 of the Grand Island City Code into
Chapter 37 of the Grand Island City Code; to add Article II to Chapter 37 of the city code
creating an Inter-Jurisdictional Planning Commission; to amend various sections pertaining to
housekeeping issues; to repeal any ordinance or parts of ordinances in conflict herewith; and to
provide for publication and the effective date of this ordinance.
WHEREAS, it has been recommended that city code articles contained in Chapter
2 pertaining to the Planning Commission, the Community Development Division and the
Community Redevelopment Division be moved into a newly created Chapter 37 of the Grand
Island City Code; and
WHEREAS, it IS further recommended that an Interjurisdictional Planning
Commission be created and the parameters of such commission be incorporated into Chapter 37
of the Grand Island City Code; and
WHEREAS, it is further recommended that various sections pertaining to the
Planning Commission and Community Development Division be amended for housekeeping
related matters.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Chapter 37 of the Grand Island City Code is hereby established and
approved as set forth in Exhibit "A" attached hereto.
Approved as to Form a
March 29, 2006
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ORDINANCE NO. 9038 (Cont.)
SECTION 2. Any ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
SECTION 4. That this ordinance shall be in force and take effect from and after
its passage and publication in pamphlet form, within fifteen days in one issue of the Grand Island
Independent as provided by law.
Enacted: March 28, 2006.
Attest:
J)TVavrice
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Q~\\na rn(~orvO,
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RaNae Edwards, City Clerk
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Exhibit "A"
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CHAPTER 37
PLANNING and COMMUNITY DEVELOPMENT
Article I. Planning Commission
~37-1. Planning Commission; Created; Duties
Authority is hereby conferred upon the city council to enter into an interlocal cooperation
agreement to create a regional planning commission in joint agreement with the County of Hall and any
villages within the County of Hall which may wish to participate; said regional planning commission to
have the full authority and responsibility of a city planning commission for the City of Grand Island,
Nebraska, as provided for and authorized by state statutes.
~37-2. Composition; Appointment of Member
The joint planning commission shall include four members who reside in the City of Grand Island
and who shall represent, insofar as possible, different professions or occupations in the City, and who shall
be appointed by the mayor by and with the approval of a three-fourths vote of the city council.
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~37-3. Term of Members
The term of each appointed city member of the regional planning commission shall be three years,
except that one city member of the first regional commission appointed shall serve for a term of one year,
one for a term of two years, and two for a term of three years. No member shall be appointed for more than
two successive terms.
~37-4. Members; Compensation; Other Office
All city members of the regional planning commission shall serve as such without compensation
and shall hold no other municipal office.
~37-5. Removal of Members; Vacancies
Any city member of the regional commission may, after a public hearing before the city council,
be removed by the mayor by and with the consent of a three-fourths vote of the Council, for inefficiency,
neglect of duty, malfeasance in office, or other good and sufficient cause. Vacancies occurring otherwise
than through the expiration of term shall be filled for the unexpired term by the mayor, by and with the
approval of a majority vote of all the members elected to the council.
~37-6. Powers and Duties Generally
It shall be the function and duty of the regional planning commission to perform those duties as
required by state law of city planning commissions or as customary for planning commissions generally in
the same manner as if a city planning commission were appointed and acting pursuant to law.
~37-7. Reserved
~37-8. Reserved
~37-9. Reserved
~37-10. Reserved
Page 37-1
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Grand Island City Code, 2002 Edition
Article II. Inter-Jurisdictional Planning Commission
~37-11. Interjurisdictional Planning Commission; Created; Duties
An Interjurisdictional Planning Commission is hereby created with Merrick County, Nebraska,
pursuant to the requirement of Neb. R.R.S. S 19-930, et seq. Said Interjurisdictional Planning Commission
shall have the powers, duties, responsibilities and functions of the regional planning commission for the
City of Grand Island in the unincorporated area of Merrick County that is within two miles of the corporate
boundaries of the City of Grand Island.
~37-12. Composition; Appointment of Members
The Interjurisdictional Planning Commission shall consist of six members. Three members shall
be chosen by the Mayor with the approval of the council from the City's members on the Hall County
Regional Planning Commission which acts as the City's planning commission. The remaining three
members shall be chosen by the Merrick County Board from members currently serving on the Merrick
County Planning Commission.
~37-13. Term of Members
The term of each appointed member shall be for one year and until their successors are appointed
and qualified. The City of Grand Island members of the Interjurisdictional Planning Commission may be
reappointed to successive one-year terms during their tenure on the Hall County Regional Planning
Commission.
~37-14. Interjursidicational Planning Commission; Meetings
The Interjurisdictional Planning Commission shall hold regular meetings, at least annually and on
other occasions as necessary, to carry out the duties and responsibilities of the commission. A majority of
the members must be present to constitute a quorum.
~37-15. Members; Compensation
All members of the Interjurisdictional Planning Commission shall serve without compensation and
without reimbursement for expenses incurred pursuant to fulfilling the requirements of Neb. R.R.S. S 19-
930 through S 19-933.
~37-16. Removal of Memben; Vacancies
Any city member of the Interjurisdictional Planning Commission may, after a public hearing
before the city council, be removed by the mayor by and with the consent of a three-fourths vote of the
council, for inefficiency, neglect of duty, malfeasance in office, or other good and sufficient cause.
Vacancies occurring otherwise than through the expiration of a member's term shall be filled for the
remainder of the unexpired term by the mayor, by and with the approval of a majority vote of all the
members elected to the council.
~37-17. Termination
The Interjurisdictional Planning Commission shall continue until such time as the City of Grand
Island and Merrick County agree by a majority vote of each governing body to eliminate the
Interjurisdictional Planning Commission. Upon termination, jurisdiction shall transfer to the Hall County
Regional Planning Commission which is the planning commission for the city.
~37-18. Reserved
~37-18. Reserved
~37-20. Reserved
~37-21. Reserved
Page 37-2
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Chapter 37 a Planning and Community Development
Article III. Community Development Division
~37-22. Community Development; Purpose
The purpose of this article is to set forth the manner in which the City shall exercise all the power
and authority to engage in community development activities granted to the City under the statutes of this
state, including but not limited to, the Community Development Law set forth in Neb. Rev. Stat. S 18-2101,
et. seq. Pursuant to S 18-2101.01 of that Act, the City hereby assumes all the power and authority granted to
an urban renewal authority under said Act.
~37-23. Community Development Division
There is hereby created a division of the Regional Planning Department to be known as the
Community Development Division, which shall be responsible for the performance of all administrative
tasks involved in the implementation of the City's community development projects, programs, policies,
and procedures adopted under the provisions of this article.
~37-24. Director; Appointment
The director of the Regional Planning Department shall act as director of the Community
Development Division. The director shall be managed by and be subject to the personnel rules for the City
of Grand Island.
~37-25. Director; Duties
The director of the Regional Planning Department shall be responsible for performing the
professional work involved in carrying out the purposes of this article, for directing the work of the
Community Development Division, and for coordinating all the City's community development programs
and projects.
~37-26. Advisory Committee
There is hereby created a Community Development Advisory Committee consisting of seven
members. Six of the members shall be residents of the city of Grand Island. The seventh member shall be a
member of the Grand Island City Council. All members shall serve without compensation. The initially
appointed representatives shall consist of two appointed for a three-year term, two appointed for a two-year
term, and two appointed for a one-year term. Thereafter, all appointments, other than vacancies, shall be for
terms of three years. Appointments to fill vacancies shall be for the remainder of the term of the vacated
position.
All members shall be appointed by the mayor and confirmed by the city council. Members may be
removed without cause by the mayor with the consent of the city council. The advisory committee shall
establish such rules and procedures as are necessary to carry out its duties. The Community Development
Advisory Committee shall have the following duties:
(1) Monitor and investigate all existing and potential Community Development programs and
projects.
(2) Make recommendations on all existing and potential Community Development programs and
projects, procedures, and all other aspects of the City's community development program.
~37-27. Reserved
~37-28. Reserved
~37-29. Reserved
~37-30. Reserved
Page 37-3
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Grand Island City Code, 2002 Edition
Article IV. Community Redevelopment Authority
~37-31. Community Redevelopment Authority; Creation
There is hereby created the Community Redevelopment Authority of the City of Grand Island,
Nebraska, pursuant to the provisions of Neb. Rev. Stat. 918-2102.01 (Reissue of 1991).
~37-32. Officer
Five persons, all of whom shall be residents of the City of Grand Island, shall constitute the
Authority. The five members shall be appointed by the Mayor, with the approval of the City Council. The
Mayor shall designate the term of office for each member as provided in Neb. Rev. Stat. 918-2102.01
(Reissue of 1991). The Authority shall select one of its members as chairperson and another as vice-
chairperson. A total of four members of the Authority shall constitute a quorum for the transaction of
business. The Authority shall adopt rules for the transaction of business and shall keep a record of its
resolutions, transactions, findings and recommendations, which records shall be made available for public
inspection during regular business hours.
~37-33. Director
The City Administrator shall designate a person to serve as the Director and Ex Officio Secretary
of the Community Redevelopment Authority, and that person shall perform such duties as may be assigned
by the Authority, including the necessary administrative functions described in Neb. Rev. Stat. 918-
2102.01 (Reissue of 1991).
~37-34. Funds
All income, revenue, profits, and other funds received by the Authority shall be deposited with the
Treasurer of the City of Grand Island, as Ex Officio Treasurer of such Authority without commingling such
money with any other money under the Treasurer's control. The money of the Authority shall be disbursed
by the Treasurer by check or draft only upon warrants, orders, or requisitions, specifying the purpose
thereof, duly executed by the Chairperson of the Authority, or such other person as may be duly authorized
and designated by the Authority of any such activity.
~37-35. City Council Liaison
The Mayor, with the approval of the City Council, shall appoint one member of the city council to
act as a liaison between the City Council and the Community Redevelopment Authority.
Page 37-4
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