10/28/2014 Ordinances 9509 CITY OF GRAND ISLAND, NEBRASKA
ORDINACE NO. 9509
AN ORDINANCE PROVIDING FOR AGREEMENT TO THE LEVY OF A RETAIL
BUSINESS OCCUPATION TAX; THE LEVY OF A RETAIL BUSINESS OCCUPATION
TAX; ESTABLISHING DEFINITIONS; PROVIDING FOR THE ADMINISTRATION,
COLLECTIONS, RETURNS, DELINQUINCIES AND RECOVERY OF UNPAID
AMOUNTS RELATED TO SUCH OCCUPATION TAX; SPECIFYING HOW SUCH
TAX REVENUE WILL BE USED; PROVIDING A SUNSET PROVISION FOR THE
TAX; AND RELATED MATTERS
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND,NEBRASKA AS FOLLOWS:
Section 1. Findings and Determinations. The Mayor and Council of the City of
Grand Island, Nebraska(the"City") hereby find and determine as follows:
(a) Pursuant to Chapter 18, Article 21, Reissue Revised Statutes of Nebraska, as
amended (the "Act"), the Community Redevelopment Authority of the City of Grand Island (the
"CRA") has prepared and adopted the Amended & Restated Site Specific Redevelopment Plan,
Grand Island CRA Area 9, which, in part, (1) provides for the development of a commercial
shopping center (the "Redevelopment Project") between State Street and Capital Avenue and
between U.S. Highway 281 and Webb Road in the Redevelopment Project Area as shown on
Exhibit "A" (attached hereto and incorporated herein by reference) and (2) designates the area
shown in Exhibit "B" (attached hereto and incorporated herein by reference) as an "enhanced
employment area" as defined in Section 18-2103(22) of the Act (the "Enhanced Employment
Act Area").
(b) Pursuant to Section 18-2142.02 of the Act, the City is authorized to agree to and
to levy and collect a general business occupation tax upon the businesses and users of space
within the Enhanced Employment Act Area for the purpose of paying all or any part of the costs
and expenses of the Enhanced Employment Act Project within the Enhanced Employment Act
Area.
(c) It is necessary, desirable, advisable and in the best interests of the City that a
general business occupation tax be imposed within the Enhanced Employment Act Area as
provided by the Act for the purpose set forth in Section 1(b).
Section 2. Definitions. As used in this Ordinance, the following words and phrases
shall have the meanings ascribed to them in this Section 2, except where the context clearly
indicates or requires a different meaning:
Approved as to Form •.if
October 27,2014 0 City Attorney
ORDINANCE NO. 9509 (Cont.)
(a) "Person" means any natural person, individual, partnership, association,
organization or corporation of any kind or character engaging in the business of operating a
General Retail Business.
(b) "General Retail Business" means any activity engaged in by any Person or
caused to be engaged in by such Person in which products or services are sold, leased or rented
for any purpose other than for resale, sublease or subrent, except that "General Retail Business"
shall not mean any transaction which is subject to tax under Sections 53-160, 66-489, 66-489.02,
66-4,140, 66-4,145, 66-4,146, 77-2602 or 77-4008 of the Nebraska Revised Statutes or which is
exempt from tax under Section 77-2704.24 of the Nebraska Revised Statutes.
(c) "Taxpayer" shall mean any Person engaged in the business of operating a
General Retail Business as herein defined who is required to pay the tax herein imposed.
Section 3. Agreement to Impose Tax. The City hereby agrees to impose an
occupation tax upon every Person operating a General Retail Business within the Enhanced
Employment Act Area, and the Mayor and City Clerk are hereby authorized and directed to
execute such documents and take such actions as are necessary to carry out this Ordinance,
including, but not limited to, entering into a Redevelopment Contract with the CRA and a
redeveloper in substantially the form as set forth in Exhibit"C".
Section 4. Tax Imposed; Collection of Tax.
(a) On or after October 1, 2015 and in each calendar month thereafter there is hereby
imposed a retail business occupational tax upon each and every Person operating a General
Retail Business within the Enhanced Employment Act Area for any period of time during a
calendar month. The amount of such tax shall be one percent (1.00%) of all General Retail
Business transactions which the State of Nebraska is authorized to impose a tax as allowed by
the Nebraska Local Option Revenue Act for each calendar month derived from the General
Retail Business subject to this tax. Such tax shall be imposed on transactions which the State of
Nebraska is authorized to impose a tax as allowed by the Nebraska Local Option Revenue Act
resulting from the sales of products or services within the limits of the Enhanced Employment
Act Area which are subject to the sales and use tax imposed by the State of Nebraska, except that
no occupation tax shall be imposed on any transaction which is subject to tax under Sections 53-
160, 66-489, 66-489.02, 66-4,140, 66-4,145, 66-4,146, 77-2602 or 77-4008 of the Nebraska
Revised Statutes or which is exempt from tax under Section 77-2704.24 of the Nebraska Revised
Statutes .
(b) The Person engaged in operating a General Retail Business may itemize the tax
levied on a bill, receipt, or other invoice to the purchaser, but each Person engaged in such
business shall remain liable for the tax imposed by this Ordinance.
Section 5. Business Classifications. Pursuant to Section 18-2142.02 of the Act, the
City hereby makes the following classifications of businesses, users of space, or kinds of
transactions for purposes of imposing the occupation tax:
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ORDINANCE NO. 9509 (Cont.)
(a) General Retail Business: means any activity engaged in by any Person or caused to
be engaged in by such Person in which products or services are sold, leased or rented for any
purpose other than for resale, sublease or subrent, except that "General Retail Business" shall not
mean any transaction which is subject to tax under Sections 53-160, 66-489, 66-489.02, 66-
4,140, 66-4,145, 66-4,146, 77-2602 or 77-4008 of the Nebraska Revised Statutes, as amended, or
which is exempt from tax under Section 77-2704.24 of the Nebraska Revised Statues, as
amended.
(b) Non-Occupation Tax Retail: means users of space, or kinds of transactions where an
occupations tax cannot be imposed pursuant to Section 18-2142.02 of the Act, which includes,
but is not limited to 1) manufacturers or wholesalers of alcoholic liquor; 2) producers, suppliers,
distributors, wholesalers, or importers of motor fuel and/or gasoline; 3) stamping agents engaged
in distributing or selling cigarettes at wholesale; 4) the first owner of tobacco products in the
state of Nebraska; and 5) the gross receipts from the sale, lease, or rental of and the storage use,
or other consumption of food or food ingredients except for prepared food and food sold through
vending machines.
c) Other: businesses that are not either General Retail or Non-Occupation Tax Retail.
Section 6. Return. Each and every Person engaged in the operation of a
General Retail Business within the Enhanced Employment Act Area for the calendar month
beginning October 1, 2015, and for each and every month thereafter, shall prepare and file, on or
before the 25th day of the following month thereafter on a form prescribed and furnished by the
City Administrator, a return for'such month, and at the same time pay to the City the tax herein
imposed. The return shall be verified and sworn to by the officer in charge of the business. The
return shall be considered filed on time if mailed in an envelope properly addressed to the City
Administrator, postage prepaid and postmarked before midnight of the 25th day of the appropriate
month.
Section 7. Tax Cumulative.
(a) The levy of the tax under this Ordinance is in addition to all other fees, taxes,
excises and licenses levied and imposed under any contract or any other ordinances of the City,
in addition to any fee, tax, excise or license imposed by the State of Nebraska.
(b) Payment of the tax imposed by this Ordinance shall not relieve the Person paying
the same from payment of any other tax now or hereafter imposed by contract or ordinance or by
this Ordinance, including those imposed for any business or occupation he or she may carry on,
unless so provided therein. The occupational tax imposed by this Ordinance shall be cumulative
except where otherwise specifically provided.
Section 8. Use of Revenue. The one percent (1.00%) occupation tax imposed by this
Ordinance, less any administrative expenses, shall be used to fund any expenditures that the City
is lawfully authorized to make in connection with the Enhanced Employment Act Project as
permitted by the Act.
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ORDINANCE NO. 9509 (Cont.)
Section 9. Failure to File Return; Delinquency; Assessment by the City
Administrator
(a) If any Person neglects or refuses to file a return or make payment of the taxes as
required by this Ordinance, the City Administrator shall make an estimate, based upon such
information as may be reasonably available, of the amount of taxes due for the period or periods
for which the Taxpayer is delinquent, and upon the basis of such estimated amount, compute and
assess in addition thereto a penalty equal to one percent (1.00%) thereof, together with interest
on such delinquent taxes, at the rate of ten percent (10.00%), per month, or fraction thereof from
the date when due. Any such interest due may be compounded quarterly.
(b) The City Administrator shall give the delinquent Taxpayer written notice of such
estimated taxes, penalty, and interest, which notice must be served personally or by certified
mail.
(c) Such estimate shall thereupon become an assessment and such assessment shall
be final and due and payable from the Taxpayer to the City Administrator ten (10) days from the
date of service of the notice or the date of mailing by certified mail; however, within such ten
(10) day period the delinquent Taxpayer may petition the City Administrator for a revision or
modification of such assessment and shall, within such ten-day period, furnish the City
Administrator the facts and correct figures showing the correct amounts of such taxes.
(d) Such petition shall be in writing, and the facts and figures submitted shall be
submitted in writing and shall be given under oath of the Taxpayer.
(e) The City Administrator may then modify such assessment in accordance with the
facts which he or she deems correct. Such adjusted assessment shall be made in writing, and
notice thereof shall be mailed to the Taxpayer within ten (10) days; and all such decisions shall
become final upon the expiration of thirty(30) days from the date of service, unless proceedings
are commenced within that time for appeal in the District Court.
Section 10. Administration; Miscellaneous Provision.
(a) The administration of the provisions of this Ordinance are hereby vested in the
City Administrator, or his designee, who shall prescribe forms in confoimity with this Ordinance
for the making of returns, for the ascertainment, assessment and collection of the tax imposed
hereunder, and for the proper administration and enforcement hereof.
(b) All notices required to be given to the Taxpayer under the provisions of this
Ordinance shall be in writing. Notices shall be mailed by registered or certified mail, postage
prepaid,return receipt requested, to the Taxpayer at his or her last known address.
(c) It shall be the duty of every Taxpayer to keep and preserve suitable records and
other books or accounts as may be necessary to deteimine the amount of tax for which he/she is
liable hereunder.
(1) Records of the transactions which the State of Nebraska is authorized to
impose a tax allowed by the Nebraska Local Option Revenue Act by which this tax is measured
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ORDINANCE NO. 9509 (Cont.)
shall be kept separate and apart from the records of other sales or receipts in order to facilitate
the examination of books and records as necessary for the collection of this tax.
(2) It shall be the duty of every Taxpayer to keep and preserve for a period of
four (4) years all such books, invoices and other records, which shall be open for examination at
any time by the City Administrator or his or her duly designated persons. If such Person keeps
or maintains his books, invoices, accounts or other records, or any thereof, outside of the state,
upon demand of the City Administrator he/she shall make the same available at a suitable place
within the City, to be designated by the City Administrator, for examination, inspection and audit
by the City Administrator or his or her duly authorized persons. The Taxpayer shall reimburse
the City for the reasonable costs of examination, inspection and audit if the City Administrator
deterniines that the Taxpayer paid ninety percent or less of the tax owing for the period of the
examination.
(3) The City Administrator, in his or her discretion, may make, permit or
cause to be made the examination, inspection or audit of books, invoices, accounts or other
records so kept or maintained by such Person outside of the state at the place where same are
kept or maintained or at any place outside the state where the same may be made available,
provided such Person shall have entered into a binding agreement with the City to reimburse it
for all costs and expenses incurred by it in order to have such examination, inspection or audit
made in such place.
(d) For the purpose of ascertaining the correctness of a return, or for the purpose of
detennining the amount of tax due from any Person, the City Administrator or his or her duly
authorized persons, may conduct investigations concerning any matters covered by this
Ordinance; and may examine any relevant books, papers, records or memoranda of any such
Person.
Section 11. Recover of Unpaid Tax by Action at Law
(a) The City Administrator may also treat any such taxes, penalties or interest due
and unpaid as a debt due the City.
(b) In case of failure to pay the taxes, or any portion thereof, or any penalty or interest
thereon when due, the City may recover at law the amount of such taxes, penalties and interest in
any court of Hall County, Nebraska or of the county wherein the Taxpayer resides or has its
principal place of business having jurisdiction of the amounts sought to be collected.
(c) The return of the Taxpayer or the assessment made by the City Administrator, as
herein provided, shall be prima facie proof of the amount due.
(d) The City Attorney may commence an action for the recovery of taxes due under
this Ordinance and this remedy shall be in addition to all other existing remedies, or remedies
provided in this Ordinance.
Section 12. Suspension or Revocation of Licenses for Failure to Pay Tax;
Hearing. If the Mayor or the Mayor's designee, after holding a hearing, shall find that any
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ORDINANCE NO. 9509 (Cont.)
Person has willfully evaded payment or collection and remittance of the tax imposed by this
Ordinance, such official may suspend or revoke any City license, permit or other approval held
by such tax evader. Such Person shall have an opportunity to be heard at such hearing to be held
not less than seven (7) days after notice is given of the time and place of the hearing to be held,
addressed to the last known place of business of such Person. Pending the notice, hearing and
finding, any licensee, permit or other approval issued by the City to the Person may be
temporarily suspended. No suspension or revocation hereunder shall release or discharge the
Person from civil liability for the payment or collection and remittance of the tax, nor from
prosecution for such offense.
Section 13. Sunset Provision. The occupation tax imposed by this Ordinance shall
terminate and collection of the tax shall cease upon the earlier of 1) payment in full of all
indebtedness issued by the City pursuant to the provisions of Section 18-2124 of the Act, for
which such occupation tax receipts have been pledged; or, 2)twenty(20) years after the effective
date of the Ad Valorem Tax Provision, as provided for in the Redevelopment Contract.
Section 14. Conflicts. All ordinances, resolutions, or orders, or parts thereof in
conflict with the provisions of this Ordinance are to the extent of such conflict hereby repealed.
Section 15. Severability. If any section, paragraph, clause or provision of this
Ordinance shall for any reason be held to be invalid, the validity of the remainder hereof shall
not be affected thereby.
Section 16. Headings of Section Not Controlling. The headings of sections of this
Ordinance are set forth herein for convenience of reference only and shall not affect the
construction or interpretation of this Ordinance or any section hereof.
Section 17. Effective Date. This Ordinance shall take effect upon its passage and
publication as provided by law.
DATED: October 28, 2014
r
y VaVricek, ayor
Attest:
•
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_ _ RaNae Edwards, City Clerk
S th
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ORDINANCE NO. 9509 (Cont.)
EXHIBIT "A"
REDEVELOPMENT PROJECT AREA
• Lot 10 of Grand Island Mall Eighth Subdivision and Lot 2 of the Grand Island Mall
Fifteenth Subdivision in the City of Grand Island, Hall County, Nebraska.
EXHIBIT "B"
ENHANCED EMPLOYMENT ACT AREA
A tract of land comprising all of Lot Ten (10), Grand Island Mall Eighth Subdivision and all of
Lot Two (2), Grand Island Mall Fifteenth Subdivision, all in the City of Grand Island, Hall
County, Nebraska, and containing 16.428 acres more or less, EXCEPTING THEREFROM
A tract of land comprising a part of Lot Ten (10), Grand Island Mall Eighth Subdivision and a
part of Lot Two (2), Grand Island Mall Fifteenth Subdivision, all in the City of Grand Island,
Hall County, Nebraska, and more particularly described as follows:
Beginning at the northwest corner of said Lot Ten (10); thence running easterly on the north
line of said Lots Ten (10), on an Assumed Bearing of N89°47'33"E, a distance of Two Hundred
Thirty Five (235.00)feet, to the Actual Point of Beginning; thence continuing N89°47'33"E, on
the north line of said Lot Ten (10) and said Lot Two (2), a distance of Two Hundred Fifty Three
and Fifty Hundredths (253.50)feet; thence running S00012'27"E, a distance of Two Hundred
Six (206.00)feet; thence running S89°47'33"W, a distance of Two Hundred Fifty Three and
Fifty Hundredths (253.50)feet; thence running N00°12'27"W, a distance of Two Hundred Six
(206.00)feet, to the Actual Point Of Beginning and containing 1.672 acres more or less. Net
14.756 acres more or less.
EXHBIT "C"
REDEVELOPMENT CONTRACT
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