08/13/2013 Ordinances 9437 ORDINANCE NO. 9437
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
(hereinafter Former Park Business Improvement District 2013) has recommended that the City
of Grand Island create a business improvement district along South Locust Street with
boundaries in the form hereinafter set forth; and
WHEREAS, on July 10, 2013, the Regional Planning Commission recommended
approval of the creation of such a business improvement district,
WHEREAS, the City Council adopted Resolution 2013-250 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
fouuation 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 Former Park Business Improvement District 2013 of the City of Grand Island,
Nebraska.
SECTION 2. The purpose, public improvement and facilities to be included in
Approved as to Form a 41 A,
August 13,2013 a City'qr.rney
ORDINANCE NO. 9437 (Cont.)
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 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 from the sidewalks parallel to
S. Locust; 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
SECTION 3. The outer boundaries of Fonner Park Business Improvement
District 2013 are described as follows:
Beginning at the southeast corner of Section Twenty One (21), Township Eleven
(11) North, range Nine (9) West of the 6th P.M. in Grand Island, Hall County, Nebraska;
thence west on a line One Hundred (100.0) feet west of and parallel with the line common
to Section 21-11-9 and Section 22-11-9 to the north line of the Southeast Quarter (SE1/4)
of Section 21-11-9; thence east on the north line of the Southeast Quarter (SE1/4) of
Section 21-11-9 and the north line of the Southwest Quarter (SW1/4) of Section 22-11-9
for distance of Two Hundred (200.0) feet; thence south on a line One Hundred (100.0) feet
east of and parallel to the line common to Section 21-11-9 and section 22-11-9 to the south
line of Section 22-11-9; thence west on the south line of Section 22-11-9 for a distance of
One Hundred (100.0) feet to the point of beginning, as shown on the drawings dated May
28, 2002.
SECTION 4. The real property located within the boundaries of Fonner Park
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.
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ORDINANCE NO. 9437 (Cont.)
SECTION 5. The method of assessment to be imposed within said district shall
be as follows:
(A) The amount of special assessment for each property shall be calculated in
accordance with the following formula:
• 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 records 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.
(B) The proposed district shall become effective October 1, 2013 for a period of three
years to terminate on September 30, 2016. The estimated total annual budget for costs
and expenses of the work to be performed within such districts during the first year
totals $34, 450.
(C) Notice of the proposed assessment shall be published as required by NE. Rev.
Statutes Section 19-4030, as amended
(D) The city council, sitting as a Board of Equalization, shall levy the special
assessment 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 method as the city council finds to be fair and equitable.
(E) 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
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ORDINANCE NO. 9437 (Cont.)
disestablish 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 fifteen days in one issue of the Grand
Island Independent as provided by law.
Enacted: August 13, 2013.
Oita
avri ek, Mayor
Attest:
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Q)0.c.'"" a Mgea es. OP/.
RaNae Edwards, City Clerk m 6
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