09/09/2008 Ordinances 9187ORDINANCE N0.9187
An ordinance amending Chapter 13 Sections 13-81 through 13-86; establishing a
business improvement district; establishing the purpose of such district; describing the
boundaries of such district; establishing that real property in the area will be subject to a special
assessment; establishing a method of assessment; providing for a penalty for failure to pay the
special assessment; repealing ordinances in conflict herewith; providing for severability; and
providing for publication and the effective date of this ordinance.
WHEREAS, the City Council adopted Resolution 2008-221 on August 26, 2008,
which was published on August 28, 2008 in the Grand Island Independent establishing the
intention to create a business improvement district; and
WHEREAS, pursuant to said resolution, a notice of hearing was published and
mailed as required by law, and public hearing duly held at 7:00 p.m. on September 9, 2008, in
the Council Chambers at City Hall, 100 East First Street, Grand Island, Nebraska, concerning the
formation of such district; and
WHEREAS, the proposed business improvement district is located within the
boundaries of an established area of the City zoned for business, public, or commercial purposes;
and
WHEREAS, the City Council now finds and determines that a business
improvement district should be created in accordance with the proposal contained in said
resolution of August 26, 2008.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA:
Approved as to Form ^,
September 8, 2008 ^ City Attorney
ORDINANCE N0.9187 (Cont.)
SECTION 1. Article XI and Chapter 13 Sections 81 through 86 of the Grand
Island City Code are amended to read:
ARTICLE XI. Business Improvement District No. 7
§13-81 Creation of District.
There is hereby created and established a business improvement district pursuant to Chapter 19,
Article 40, Revised Statutes of Nebraska, 1943, as amended, to be known as Business
Improvement District No. 7 of the City of Grand Island, Nebraska.
§13-82 Purpose
The purpose, public improvements and facilities to be included in said district shall be:
(A) 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.
(B) 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.
(C) 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.
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ORDINANCE NO. 9187 (Cont.)
§13-83 District Boundaries
The outer 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 6a' 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`~ 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 6~'
P.M. to the South line of Section Twenty-Seven (27), Township Eleven (11)
North, Range Nine (9) West of the 6`~ P.M.; thence West on the South 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') to the
point of beginning.
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.
§13-84 Special Assessments
The real property located within the boundaries of Business Improvement District No. 7 shall be
subject to special assessment as authorized by Chapter 19, Article 40, Sections 19-4015 through
19-4038, Revised Statutes of Nebraska, 1943, as amended, also known as the Business
Improvement District Act.
§13-85 Assessment Method
The method of assessment to be imposed within said district shall be as follows:
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ORDINANCE N0.9187 (Cont.)
(A) In a timely fashion each year, except the initial creating year, a proposed budget
shall be prepared for Business Improvement District No. 7 for the ensuing fiscal year to
commence on the first day of October and end on the following last day of September.
(B) Said proposed budget shall be considered by the city council during open session at a
regularly scheduled city council meeting. Following such consideration, a proposed assessment
schedule shall be prepared.
(C) The amount of the special assessment for each property shall be based upon the
special benefits to the property as fairly and equitably assessed by the City Council and
calculated in accordance with the following formula:
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.
(D) 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
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.
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ORDINANCE NO. 9187 (Cont.)
(E) Notice of the proposed assessment shall be published as required by NE. Rev.
Statutes Section 19-4030, as amended.
(F) The city council, sitting as a Board of Equalization, shall levy the special
assessments on all properties at one time, in accordance with the method of assessment provided
above. If the city council finds that the proposed method of assessment does not provide a fair
and equitable method of apportioning costs, then it may assess the costs under such method as
the city council finds to be fair and equitable.
(G) Said assessments shall be payable in one installment to be come delinquent fifty (50)
days after the date of such levy. Delinquent payments shall draw interest at the rate specified in
NE. Rev. Statutes Section 45-104.01, as amended. All 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 shall be void for any
irregularity, defect, error or informality in procedure, in levy or equalization thereof.
§13-86 Disestablishment Procedure
In the event requests to disestablish this business improvement district are made and filed with
the city clerk within any (30) day period by owners of real property representing fifty percent
(50%) or more of the total value of the real property within the district as shown in the office of
the Hall County Assessor on the first day of January of the current year, the city council may
disestablish the district by ordinance after a hearing before the city council. The city council shall
adopt a resolution of intention to disestablish the area at least fifteen days prior to the hearing.
The resolution shall give the time and place of the hearing. After hearing, the city council may
disestablish the district as provided in the Business Improvement District Act.
SECTION 2. Any ordinance or ordinances in conflict herewith, be and hereby
are, repealed. Specifically Sections 13-40 through 13-45 and Sections 13-46 through 13-49 are
repealed and reserved.
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ORDINANCE NO. 9187 (Cont.)
SECTION 3. If any section, subsection, sentence, phrase, or clause, of this
ordinance is, for any reason, held to be unconstitutional or invalid, such holding shall not affect
the validity of the remaining portions of this ordinance.
SECTION 4. This ordinance shall be in force and take effect from and after its
passage, approval and publication, in pamphlet form, within fifteen days in one issue of the
Grand Island Independent as provided by law.
Enacted: September 9, 2008.
Margar t Hornady, Mayo
Attest:
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RaNae Edwards, City Clerk ~ :~ \~cORPORq,~o ~Q
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