02/14/2017 Ordinances 9623�
ORDINANCE NO. 9623
AN ORDINANCE CREATING A BUSINESS IMPROVEMENT DISTRICT
UNDER THE AUTHORITY OF THE BUSINESS IMPROVEMENT DISTRICT ACT (NEB.
REV. STAT. § 19-4015, ET SEQ.) AND BASED UPON THE RECOMMENDATIONS
RECEIVED FROM THE DULY APPOINTED SOUTH LOCUST STREET BUSINESS
IMPROVEMENT BOARD TO BE KNOWN AS THE SOUTH LOCUST STREET BUSINESS
IMPROVEMENT DISTRICT WITHIN THE EXTERIOR BOUNDARIES OF AN AREA
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SECTION
TWENTY-EIGHT (28), TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9) WEST OF
THE 6TH P.M., HALL COUNTY, NEBRASKA; THENCE WEST ON THE SOUTH LINE OF
SECTION TWENTY-EIGHT (28) A DISTANCE OF TWO HUNDRED FEET (200');
THENCE NORTHERLY ON A L1NE TWO HUNDRED FEET (200') WEST OF AND
PARALLEL TO THE EAST L1NE OF SECTION TWENTY-EIGHT (28) TO THE NORTH
LINE OF SECTION TWENTY-EIGHT (28); THENCE EAST ON THE NORTH LINE OF
SECTION TWENTY-EIGHT (28) TO THE NORTHEAST CORNER OF SECTION
TWENTY-EIGHT (28); THENCE CONTINUING EAST ON THE NORTH L1NE 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) TO THE SOUTH LINE OF SECTION TWENTY-SEVEN (27); THENCE WEST ON THE
SOUTH LINE OF SECTION TWENTY-SEVEN (27) FOR A DISTANCE OF THREE
HUNDRED SEVENTY-FIVE FEET (375') TO THE PO1NT OF BEGINNING. ("EXTERIOR
BOUNDARY AREA"); PROVIDING FOR SPECIAL ASSESSMENTS TO BE IMPOSED
WITHIN THE DISTRICT BASED UPON THE BENEFITS CONFERRED; A MAXIMUM
LIMITS UPON SUCH ASSESSMENTS: AND PROVIDING FOR PENALTIES AND AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Business Improvement Board Recommendation. The South
Locust Street Business Improvement Board appointed by the Mayor with City Council approval
by Resolution No. 2016-250 recommended that the City Council create a business improvement
district within the boundaries of the business area as declared by Resolution No. 2016-250 to be
known as the South Locust Street Business Improvement District to be funded by special
assessments levied based upon front footage and based on special benefits to the property within
Approved as to Form II
February 14, 2017 tt� ty� orney
ORDINANCE NO. 9623 (Cont.)
the South Locust Street Business Improvement District as the same may be fairly and equitably
adjusted by the City Council of Grand Island, Nebraska sitting as a Board of Equalization.
SECTION 2. Notice of Public Hearin�. On February 3, 2017 notice that the City
Council intended to consider this Ordinance to establish the South Locust Street Business
Improvement District was given by (a) publication of a Notice of Public Hearing in the Grand
Island Independent, a newspaper of general circulation in the City of Grand Island, setting forth
the time, date, place, and purpose of the public hearing to be held on February 14, 2017
regarding the establishment of the South Locust Street Business Improvement District and (b)
mailing a copy of the Notice of Public Hearing, postage prepaid, to each owner of taxable
property as shown on the latest tax rolls of the County Treasurer for Hall County. A copy of said
Notice of Public Hearing is attached hereto marked as Attachment "A" and incorporated herein
by this reference.
SECTION 3. Public Hearin�. During the regular City Council meeting
commencing at 7:00 P.M. on February 14, 2017 in the City Council Chambers, City Hall, 100
East First Street, Grand Island, Nebraska the City Council held a public hearing on this
Ordinance to create the South Locust Street Business Improvement District; that at such public
hearing, the City Council heard all protests and received evidence for and against the creation of
the proposed South Locust Street Business Improvement District; that the City Council ruled
upon all written protests (if any) to the creation of such district which were received prior to the
close of the hearing, and hereby finds that protest (if any) was not made by the record owners
representing over 50% of the front footage in the proposed district.
SECTION 4. Creation of District; Improvements. The South Locust Street
Business Improvement District is hereby created and established effective on March 1, 2017, for
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ORDINANCE NO. 9623 (Cont.)
the purpose o£ 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 sidewalks parallel of South Locust
Street; employment of or contracting for personnel, purchase of equipment, materials, supplies or
other expenses that 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
("activities") in the district.
SECTION 5. District Area. The properties included within the district properties
are those lying within the following area:
Beginning at the southeast corner of Section Twenty-Eight (28), Township Eleven (11)
North, Range Nine (9) West of the 6th 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 6th 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 6th P.M. to the north line
of Section Twenty-Eight (28), Township Eleven (11) North, Range Nine (9) West of the
6th P.M.; thence east on the north line of Section Twenty-Eight (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 6. Special Assessment; Method of Assessment. The costs and
expenses for the activities proposed to be performed within this business improvement district
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ORDINANCE NO. 9623 (Cont.)
will be funded through special assessments against the property in the district based upon the
special benefits to the property as fairly and equitably equalized by the City Council sitting as a
board of equalization. The special assessments on each property will be levied annually as a
percentage of the property's frontage feet to the total frontage feet in the district.
SECTION 7. Annual Budget and Limitations. The first year estimated total
annual costs and expenses for the activities to be performed within the South Locust Street
Business Improvement District during the March 1, 2017 to February 28, 2018 fiscal year is
$143,326.00 provided that the maximum amount of the first fiscal year's annual assessment for
the district shall not exceed the total costs and expenses thereof or $88,326.00, whichever is less.
In each succeeding fiscal year, the City Council shall estimate the total annual costs and
expenses for the activities and, after public hearing, shall approve by resolution an annual budget
for the activities. The activities annual assessment for such succeeding fiscal year shall not
exceed the total costs and expenses thereof or the maximum amount budgeted for said activities
in the approved annual budget, whichever is less.
SECTION 8. Enforcement and Penalties. The 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.
SECTION 9. Effective Date. This ordinance shall take effect and be in force from
and after its passage and publication.
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ORDINANCE NO. 9623 (Cont.)
ENACTED: February 14, 2017, by the City Council of the City of Grand Island,
Nebraska.
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Attest:
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RaNae Edwards, City Clerk � yw��TFp �o
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