08/13/2013 Ordinances 9435 ORDINANCE NO. 9435
An ordinance 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 Business Improvement Board for Business Improvement District
# 8 (hereinafter Downtown Business Improvement District 2013) has recommended that the City
of Grand Island create a downtown business improvement district; and
WHEREAS, on June 5, 2013, the Regional Planning Commission recommended
approval of the creation of such a business improvement district,
WHEREAS, the City Council adopted Resolution 2013-248 on July 23, 2013,
which was published on July 26, 2013 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 August 13, 2013, in the
Council Chambers at City Hall, 100 East First Street, Grand Island, Nebraska, concerning the
formation of such districts; 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 July 23, 2013.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. There is hereby created and established a business improvement
district pursuant to Chapter 19, Article 40, Revised Statues of Nebraska, 1943, as amended, to be
known as the Downtown Business Improvement District 2013 of the City of Grand Island,
Nebraska.
Approved as to Form aj
August 13,2013 a G OYttorney
ORDINANCE NO. 9435 (Cont.)
SECTION 2. The purpose, public improvement and facilities to be included in
said district shall be:
(A)Retention and Recruitment. Downtown Business District 2013 will encourage
business retention and recruitment through the planning and implementation of
Downtown promotions, continued Main Street commitments and downtown
investments to attract the attention of people looking for vibrant and welcoming
places to dine, shop, live, work and play.
Funds have been allocated for each of the five years for Retention and Recruitment,
Main Street Promotions, Main Street Contract; and funding in years 1-3 for the
research and development of a Downtown Brand/Identity and a Revolving Loan
Fund.
(i) The development of any public activities and promotion of public events,
including the management and promotion and advocacy of retail trade
activities or other promotional activities, in the district area, including, but not
limited to, plans, creation, development, equipment, supplies, materials,
services, management, staff, maintenance and improvement of communication
and image building events and activities, such as holiday events, community
events, media activities, newsletters, seasonal and special events and parades
---- and other activities for the benefit of the district.
(B) Downtown Beautification. The beautification component of the Downtown Business
District 2013 budget is comprised of physical improvements to the District. The
Board, through a series of informal and formal discussion with downtown property
owners, identified a need to augment the existing physical elements in the downtown.
By increasing artistic elements, it is believed the personality of the downtown will be
strengthened and a sense of place developed. A consistent approach to adding these
artistic elements will enhance the uniqueness of downtown and, at the same time,
create a pleasant setting to complement the various activities held in the downtown.
These physical improvements include,but are not limited to, Kaufmann Cummings
Park, planters, murals, sculptures, trees and grates, signs and banners, benches,
streetscape, and trash containers.
(i) Improvement of any public place or facility in the district area, including
landscaping, physical improvements for decoration or security purposes, and
plantings, including but not limited to, plans, creation, development,
equipment, supplies, materials, services, management, staff, maintenance,
improvement and associated activities of streetscape and alleyway
improvements
(ii) Construction or installation of sidewalks,parks, meeting and display facilities,
lighting, benches or other seating furniture, sculptures, trash receptacles,
shelters, fountains, and any useful or necessary public improvements,
including, but not limited to plans, creation, development, equipment,
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ORDINANCE NO. 9435 (Cont.)
supplies, materials, services, management, staff, maintenance, improvement,
and associated activities of street side and other public area projects;
(iii)Maintenance, repair, and reconstruction of any improvement's or facilities
authorized by the Business Improvement District Act.
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(C) Implementation and Maintenance: The talent and resources vested in this district
rely upon the successful completion of each project and careful maintenance of the
downtown area to ensure the best possible results from the investments of downtown
stakeholders, including this District. To accomplish the duties incumbent upon this
District in all areas of work described herein, the district may recruit volunteers or
secure labor and services for hire:
(i) 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.
(ii) Any other project or undertaking for the bettemient of the public facilities in the
district area, whether the project be capital or noncapital in nature.
(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 construction 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 trees, shrubs, and
grass and other decorative improvements; snow removal form streets; purchase of
equipment, materials, supplies or other expenses to accomplish the purposes of the
district, and other incidental or ongoing expense as needed for the maintenance,
improvement and beautification of the green belt area.
(B) Employing or contracting for personnel, including administrators 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, employment
of or contracting for personnel to accomplish the purposes of the district and to
accomplish the goals and objectives of the
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ORDINANCE NO. 9435 (Cont.)
SECTION 3. The outer boundaries of Downtown Business Improvement District
2013 are described as follows:
Beginning at a point being the intersection of the South line of Third Street and the
West line of Kimball Avenue; thence South on the West line of Kimball Avenue to a point One
Hundred Thirty-Two feet (132') South of the South line of First Street; thence West on a line
One Hundred Thirty-Two fee (132') South of and parallel to the South line of First Street to
the West line of Sycamore Street; thence Southerly on the Westerly line of Sycamore Street to
the North line of Court Street; thence Westerly on the North line of Court Street to the West
line of Pine Street; thence Southerly on the West line of Pine Street to the North line of
Charles Street; thence Westerly on the North line of Charles Street and an extension thereof to
the East line of Walnut Street; thence Northerly on the East line of Walnut Street to a point
One Hundred Thirty-Two Feet (132') North of the North line of Division Street; thence West
on a line One Hundred Thirty-Two Feet (132') North of and parallel to the North line of
Division Street and an extension thereof to the East line of Cedar Street; thence Northerly on
the East line of Cedar Street to the South line of First Street; thence West on the South line of
First Street to the West line of Elm Street; thence Southerly on the West line of Elm Street for
a distance of One Hundred Thirty-Two Feet (132'); thence Westerly on a line One Hundred
Thirty-Two Feet (132') South of and parallel to the South line of First Street to the East line of
Eddy Street; thence Northerly on the East line of Eddy Street to the South line of South Front
Street; thence Easterly on the South line of South Front Street to the West line of Oak Street;
thence Southerly on the West line of Oak Street to the South line of Third Street; thence
Westerly on the South line of Third Street and an extension thereof to the point of beginning.
(28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. to the Northeast corner
of Section Twenty-Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th
P.M.; thence continuing East on the North line of Section Twenty-Seven (27), Township Eleven
(11) North, Range Nine (9) West of the 6th 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 6th P.M. to the South line of Section Twenty-Seven (27), Township Eleven (11)
North, Range Nine (9) West of the 6th P.M.; thence West on the South line of Section Twenty-
Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. for a distance of
Three Hundred Seventy-Five Feet(375') to the point of beginning.
SECTION 4. The real property located within the boundaries of Downtown
Business Improvement District 2013 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.
SECTION 5. The method of assessment to be imposed within said district shall
be as follows:
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ORDINANCE NO. 9435 (Cont.)
(A) In a timely fashion each year, each year, except the initial creating year, a
proposed budget shall be prepared for Downtown Business Improvement District 2013
for the ensuing 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 proposed district shall become effective on October 1, 2013 for a period of
five years to terminate on September 30, 2018. The estimated total budget for costs and
expenses of the work to be performed with such a district during the first year totals
$192,637; provided that the maximum amount of the first year's annual assessment for
district shall not exceed $90,000. In the subsequent four years, the maximum amount
of annual assessment and annual budget for the district will not exceed the first year
maximum assessment and budget amounts plus an annual increase equal to the
amount of the Consumer Price Index or 3%, whichever is less. The assessments levied
for the first year shall not exceed $90,000. The district may pursue additional funding
(without increasing the district assessments) to complete the amounts for costs and
expenses included in the budget. 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 a five-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.
Assessed value of individual property divided by total assessed value of all taxable
property in the district times total special assessment equals individual special
assessment. Based upon the recommendation of the Business Improvement District
Board, owner-occupied residential properties within the district will be assessed at 70%
of assessed valuation based on their primary benefit from the downtown beautification
and maintenance programs. 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. For mixed use properties that combine owner-
occupied residential and other uses, the property owner may submit evidence supporting
a pro-rated split of the assessed value (between owner-occupied residential and other
uses) for the City Council to consider when sitting as a board of equalization. The
assessed values to be used in the above formula shall be the values, as shown in the
office of the Hall County Assessor, in effect on the first day of January of the current
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ORDINANCE NO. 9435 (Cont.)
year.
(D) Notice of the proposed assessment shall be published as required by NE. Rev.
Statutes Section 19-4030, as amended.
(E) 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 cost
under such method as the city council finds to be fair and equitable.
(F) Said assessments shall be payable in one installment to become delinquent fifty
(50) days after the date of such levy. Delinquent payments shall draw interest at the rate
specified in the NE. Rev. Statutes 45-104.01, as amended. All special assessments shall
be liens upon the property assessed.
SECTION 6. In the event requests to disestablish this business improvement
district are made and filed with the city clerk within any (30) day period by record owners of
over fifty percent (50%) of the assessable units in the district, as shown in the office of the Hall
County Register of Deeds on the first day of January of the current year, the city council may
disestablish the district by ordinance after 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
dis-establish the district as provided in the Business Improvement District Act.
SECTION 7. 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 8. This ordinance shall be in force and take effect from and after its
passage, approval and publication, in pamphlet for, within 15 days in one issue of the Grand
Island Independent as provided by law.
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ORDINANCE NO. 9435 (Cont.)
Enacted: August 13, 2013.
_
ay V. +ricek, Mayor
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RaNae Edwards, City Clerk 1z, 0 "a
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