08/26/2008 Resolutions 2008-221RESOLUTION 2008-221
WHEREAS, the District 7 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 IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that
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. 7
are described as follows:
Beginning at the Southeast corner of Section Twenty-Eight (28), Township
Eleven (11) North, Range Nine (9) West of the 6~' P.M., Hall County, Nebraska;
thence West on the South line of Section Twenty-Eight (28), Township Eleven
(11) North, Range Nine (9) West of the 6`~' P.M. for a distance of Two Hundred
Feet (200'); thence Northerly on a line Two Hundred Feet (200') West of and
parallel to the East line of Section Twenty-Eight (28), Township Eleven (11)
North, Range Nine (9) West of the 6~' P.M. to the North line of Section Twenty-
Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6`~ P.M.;
thence East on the North line of Section Twenty-Eight (28), Township Eleven
(11) North, Range Nine (9) West of the 6`t' P.M. to the Northeast corner of Section
Twenty-Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6~'
P.M.; thence continuing East on the North line of Section Twenty-Seven (27),
Township Eleven (11) North, Range Nine (9) West of the 6~' P.M. for a distance
of Three Hundred Seventy-Five Feet (375'); thence South on a line Three Hundred
Seventy-Five Feet (375') East of and parallel to the West line of Section Twenty-
Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6t'' P.M. to
the South line of Section Twenty-Seven (27), Township Eleven (11) North, Range
Nine (9) West of the 6`i' P.M.; thence West on the South line of Section Twenty-
Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6t1i P.M. for
a distance of Three Hundred Seventy-Five Feet (375') to the point of beginning.
Approved as to Form ^ =, y~-
August 25, 2008 ^ City Attorney
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 S. Locust;
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
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. Term, 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 $45,000. The estimated total first-year
budget by area of work is as follows:
Beautification $ 4,100
Implementation and maintenance $40,900
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In the subsequent four years, the maximum amount of annual assessment and annual
budget for the district may exceed the first year assessment and budget amounts but
the total budgeted assessment and expenditures will not exceed $250,000 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
$45,000. 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 adjacent to S. Locust Street within the district
divided by total front footage 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. 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 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 Irulependent, 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 may be
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
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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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