08/26/2008 Resolutions 2008-220RESOLUTION 2008-220
WHEREAS, the District 6 Business Improvement Board has recommended that the
City of Grand Island create a business improvement district with amended boundaries in the form
hereinafter set forth; and
WHEREAS, on August 13, 2008, the Regional Planning Commission recommended
approval of the creation of such business improvement district; and
WHEREAS, the City Council has determined that a public hearing should be held on
the proposed business improvement district.
NOW, THEREFORE, BE TT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that
1. The proposed district shall be considered in public hearing before the City Council on
September 9, 2008, at 7:00 p.m. in the Council Chambers at City Hall in Grand
Island, Nebraska.
2. District Boundaries. The proposed boundaries of Business Improvement District No. 6
are described as follows:
Beginning at a point on the Westerly line of Eddy Street, said point being One Hundred
Thirty-Two Feet (132') Southeast of the Intersection of the Southerly line of Second
Street and the Westerly line of Eddy Street; thence Westerly on a line One Hundred
Thirty-Two Feet (132') Southeast and parallel to the Southerly line of Second Street to a
point Sixty-Six Feet (66') Northeast of the Easterly line of Greenwich Street; thence
Southerly on a line Sixty-Six Feet (66') Northeast of and parallel to the Easterly line of
Greenwich Street to the Northerly line of First Street; thence Westerly on the Northerly
line of First Street to a point Sixty-Six Feet (66') Southwest of the Westerly line of
Greenwich Street; thence Northerly on a line Sixty-Six Feet (66') Southwest of and
parallel to the Westerly line of Greenwich Street to a point One Hundred Thirty-Two
Feet (132') Southeast of the Southerly line of Second Street; thence Westerly on a line
One Hundred Thirty-Two Feet (132') Southeast of and parallel to the Southerly line of
Second Street to a point Sixty-Six Feet (66') Northeast of Broadwell Avenue; thence
Southerly on a line Sixty-Six Feet (66') Northeast of and parallel to the Easterly line of
Broadwell Avenue to the Northerly line of First Street; thence Westerly on the Northerly
line of First Street to a point One hundred thirty-five and sixty-nine hundredths Feet
(135.69') Southwest of the Westerly line of Broadwell Avenue; thence Northerly on a
line One hundred thirty-five and sixty-nine hundredths Feet (135.69') Southwest of and
parallel to the Westerly line of Broadwell Avenue Sixty-five and seventy-six hundredths
feet (65.76'); thence Westerly on a line parallel to the Northerly line of First Street
twenty-three Feet (23'); thence Northerly on a line parallel to the Westerly line of
Broadwell Avenue to a point One Hundred Thirty-Two Feet (132') Southeast of the
South line of Second Street; thence Westerly on a line One Hundred Thirty-Two Feet
Approved as to Form ^ r
August 25, 2008 ~ City Attorney
(132') Southeast of and parallel to the Southerly line of Second Street to the Easterly line
of Garfield Avenue; thence Northerly on the Easterly line of Ga~eld Avenue to a point
One Hundred 'Thirty-Two Feet (132') Northwest of the Northerly line of Second Street;
thence Easterly on a line One Hundred Thirty-Two Feet (132') Northwest of and parallel
to the Northerly line of Second Street to a point Sixty-Six Feet (66') Southwest of the
Westerly line of Broadwell Avenue; thence Northerly on a line Sixty-Six Feet (66')
Southwest of and parallel to the Westerly line of Broadwell Avenue to the Southerly line
of Union Pacific Railroad Right-of--Way; thence Easterly on the Southerly line of Union
Pacific Railroad to a point Sixty-Six Feet (66') Northeast of the Easterly line of
Broadwell Avenue; thence Southerly on a line Sixty-Six Feet (66') Northeast of and
parallel to the Easterly line of Broadwell Avenue to a point One Hundred Thirty-Two
Feet (132') Northwest of the Northerly line of Second Street; thence Easterly on a line
One Hundred Thirty-Two Feet (132') Northwest of and parallel to the Northerly line of
Second Street to the Westerly line of Eddy Street; thence Southeast on the Westerly line
of Eddy Street to the point of beginning.
3. Creation of District: Improvements. The proposed work to be performed and specific
improvements to be made or maintained within the proposed district shall include:
Improvement of any public place or facility in the district area, including landscaping,
physical improvements for decoration or security purposes, and plantings and
maintenance, repair, and reconstruction of any improvements or facilities authorized
by the Business Improvement District Act, including, but not limited to: maintenance
and improvement of the landscaped greenway; maintenance, repair, improvement and
replacement of the sprinkler system in the greenway; regular mowing and trimming
of the greenway; all facets of the purchase, care and replacement of trash receptacles,
benches, welcome signs, streetscape improvements, trees, shrubs and grass and other
decorative improvements; snow removal from the sidewalks parallel to Second
Street; employment of or contracting for personnel, purchase of equipment, materials,
supplies or other expenses to accomplish the purposes of the district; other incidental
or ongoing expenses as needed for the maintenance, improvement and beautification
of the green belt area and to accomplish the goals and objectives of the Business
Improvement Board of the district.
The district may employ or contract for personnel for any improvement program
under the act, and providing for any service as may be necessary or proper to carry
out the purposes of the act, including, but not limited to, activities, projects, staff,
consulting services, materials, equipment, supplies, and services necessary or
convenient for the management of the affairs of the business improvement district,
to include budget development and supervision, representation of the interests of
the district to public and private entities, research, development, travel, training,
development and implementation of business and residential recruitment and
retention projects, downtown beautification projects and activities which
contribute to regaining, sustaining or improving the economic health and viability
of the district and the implementation of the goals and objectives of the Business
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Improvement Board.
Any other project or undertaking for the betterment of the public facilities in the
district area, whether the project be capital or noncapital in nature.
4. Terms Annual Budget and Limitations. The proposed district shall become effective
on October 1, 2008 for a period of five years to terminate on September 30, 2013.
The estimated total annual budget for costs and expenses of the work to be performed
within such district during the first year totals $43,800. The estimated total first-year
budget by area of work is as follows:
Beautification $38,500
Administration and maintenance $ 5,300
In the subsequent four years, the maximum amount of annual assessment and annual
budget for the district maybe more or less than the first year assessment and budget
amounts but the total budgeted assessment and expenditures will not exceed
$183,600 during the 5 year term of the District, the same being the estimated costs of
all projects and maintenance requirements. The assessments levied for the first year
shall not exceed $43,800. The specific improvements for the first year are listed for
purposes of estimating the costs and expenses of performing the proposed work and
improvements. Although the district is proposed for afive-year period, the City
council, after public hearing, shall approve an annual budget for specific
improvements in each succeeding year consistent with the ordinance creating the
district. The City Council retains the authority to change, modify and remove
proposed improvements; however, the proposed improvements cannot exceed the
scope of improvements and the annual assessment cannot exceed the maximum
amounts of the annual assessment as provided by the ordinance creating the district.
5. Method of Assessment. The proposed district shall receive funding from special
assessments based upon the special benefits to the property as fairly and equitably
assessed by the City Council. The assessments shall be levied annually as the front
footage of the individual real property within the district calculated as the distance
between the furthest east line and the furthest west line of each parcel divided by total
front footage calculated in the same fashion of all assessable property in the district
times the total special assessment equals individual special assessment. The record
owners of the front footages to be used in the above formula shall be the owners, as
shown in the office of the Hall County Register of Deeds, in effect on the first day of
January of the current year. Based upon the recommendation of the Business
Improvement District Board, properties within the district not immediately adjacent
to Second Street will be assessed at 0% of front footage in the first year but may
receive special benefit is subsequent years for projects along side streets. Owners of
property exempt from ad valorem taxes are encouraged to support District activities,
promotions, and improvements but property exempt from ad valorem taxes will not
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be subject to special assessment for this Business Improvement District. Property
owned by the Federal Government, the State of Nebraska and political subdivisions
thereof shall not be subject to special assessment for this Business Improvement
District.
6. Notice. A copy of this resolution of intention shall be published one time in the
Grand Island Independent, and a copy shall be mailed to each owner of taxable
property as shown by the latest tax rolls of the Hall County Treasurer.
7. Boundary Lines. Commonly owned properties that are intersected by a boundary line
establishing the district shall be considered as entirely within the district unless
otherwise determined by the City Council when sitting as a Board of Equalization.
8. Enforcement. The special assessments provided herein shall be a lien on the property
assessed superior and prior to all other liens except general taxes and other special
assessments which shall be of equal priority. Liens for special assessments maybe
foreclosed and are subject to interest at the statutory rate when payment of the
assessment is delinquent as provided by law. No special assessment made hereunder
shall be void for any irregularity, defect, error or informality in procedure, in levy or
equalization thereof.
Adopted by the City Council of the City of Grand Island, Nebraska, August 26, 2008.
Margaret ornady, Mayor
Attest:
RaNae Edwards, City Clerk
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