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12/30/2008 Resolutions 2008-361RESOLUTION 2008-361 WHEREAS, Northwestern Corporation, (Northwestern) filed an application to change rates for natural gas in 2007 and during negotiations with Grand Island, Nebraska regarding the proposed rate change agreed to collect a surcharge for economic development to the City of Grand Island, Nebraska in the amount of $86,000.00 annually which surcharge was authorized and approved by Council on November 13, 2007; and WHEREAS, as a result of the 2007 rate settlement, the previous policy for use and distribution of economic development funds under the 1999 gas rate agreement no longer applies; and it has been determined that future use and disbursement of the surcharge funds is restricted by State Statute and the Nebraska Constitution; and WHEREAS, the City of Grand Island, Nebraska under Nebraska Revised Statutes Section 13-315 may expend annually funds: for the purpose of encouraging immigration, new industries, and investment; to conduct and carry on a publicity campaign; or to exploit and advertise the various agricultural, horticultural, manufacturing, commercial, and other resources, including utility services of the city. Such sum maybe expended directly by the city or maybe paid to the Chamber of Commerce or other commercial organization or a similar county organization ormulti-county organization or local development corporation; and WHEREAS, The Grand Island Economic Development Corporation has made a request in the amount of $86,000 in NW Energy surcharge funds to be used for new gas equipment for Nova-Tech, Inc. and for debt service associated with improvements to the Platte Valley Industrial Park; and WHEREAS, the Nebraska Constitution and State Statutes provide that the most populous city within the county where the State Fair is located (Grand Island) may contribute 10% matching funds for operation and capital expenditures for the State Fair; and WHEREAS, as host City for the Nebraska State Fair, the City of Grand Island contemplates expenses associated with ownership of a building on the site of the State Fair as well as expenses associated with supporting infrastructure off-site and possible expenses associated with the relocation of sports facilities presently located on the State Fair site; and WHEREAS, the Nebraska State Fair, if located in Grand Island, would promote economic development and the purposes enumerated in Section 13-315, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the first $86,000 received through the natural gas economic development surcharge approved November 13, 2007 be paid to the Grand Island Area Economic Development Corporation to be used for the purposes enumerated under Nebraska Revised Statutes Section 13-315 and thereafter the funds received by the City of Grand Island, Nebraska through the natural gas economic development surcharge to be used for any ofthe expenses Approved as to Form • ~'' ~ 1~ December 24, 2008 •'-CityA orney enumerated above in such amounts as the Council may determine from time to time. Adopted by the City Council of the City of Grand Island, Nebraska on December 30, 2008. Robert Meyer, Pr ent Attest: ~~ ~ ~~~ RaNae Edwards, City Clerk ,. ,~ ,, Approved as to Form • .~ ~~ ~-_.~ December 24, 2008 • City Attorney