08/22/2017 Ordinances 9645ORDINANCE NO. 9645
An ordinance expressing an intent to annex territory in the future and to provide for
publication and the effective date of this ordinance.
WHEREAS, Nebraska Revised Statutes § 18-2123.01 authorizes cities to undertake a
redevelopment project that includes real property located outside the corporate limits of any such city
if the following requirements have been met:
(a) The real property located outside the corporate limits of the city is a formerly used
defense site;
(b) The formerly used defense site is located within the same county as the city approving
such redevelopment project;
(c) The formerly used defense site is located within a sanitary and improvement district;
(d) The governing body of the city approving such redevelopment project passes an
ordinance stating such city's intent to annex the formerly used defense site in the future; and
(e) The redevelopment project has been consented to by any city exercising extraterritorial
jurisdiction over the formerly used defense site;
and
WHEREAS, the lands located within the following described boundaries was
formerly owned by or otherwise possessed by the United States under the jurisdiction of the United
States Secretary of Defense and utilized by the Department of the Army for production of munitions,
to wit:
Beginning at the Northwest Corner of Section Two (2), Township Eleven
(11) North, Range Eleven (11) West of the 6th P.M., Hall County, Nebraska, thence
proceeding easterly along and upon the section boundaries to the Northeast Corner of
Section Five (5), Township Eleven (11) North, Range Ten (10) West of the 6th P.M.
Approved as to Form tt
August 21, 2017 tt it� orney
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ORDINANCE NO. 9645 (Cont.)
in said county, thence proceeding southerly along and upon the section boundaries to
the Southeast Corner of Section Twenty-nine (29), Township Eleven (11) North,
Range Ten (10) West of the 6th P.M in said County, thence proceeding westerly along
and upon the section boundaries to the Southwest Corner of Section Twenty-six (26),
Township Eleven (11) North, Range Eleven (11) West of the 6�' P.M. in said County,
thence proceeding northerly along and upon the section boundaries to the point of
beginning, the lands enclosed thereby referred to herein as the "Formerly Used
Defense Site";
and
WHEREAS, the Formerly Used Defense Site is located outside the municipal
boundaries of the City of Grand Island; and
WHEREAS, on July 25, 2017, the City of Grand Island found and declared the
Formerly Used Defense Site to be blighted and substandard; and
WHEREAS, in anticipation of approving future redevelopment plans and
redevelopment projects for areas within the Formerly Used Defense Site, the City Council of and for
the City of Grand Island desires to express its intention to annex the Formerly Used Defense Site in
the future, provided any such annexation shall be contingent upon satisfaction of the conditions set
forth herein.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. It is the express intention of the City of Grand Island to annex the
Formerly Used Defense Site in the future contingent upon satisfaction of the following conditions
existing at the time of annexation:
A. The area proposed for annexation shall be urban or suburban in character and
contiguous with city limits (as such terms are defined by statute and applicable case law);
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C.
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E.
ORDINANCE NO. 9645 (Cont.)
If the area proposed for annexation is adjacent to City Limits and the owner is
seeking subdivision approval, annexation shall be done during the platting process by platting
the property as an addition to the City;
Annexation shall be consistent with the annexation plan as expressed in the Grand
Island Comprehensive Development Plan;
No annexation shall be approved, passed and ordained unless the City Council finds
such annexation to be in the best interest of the City;
Annexation shall comply with Nebraska Revised Statutes as then in effect and shall
require a reading of the ordinance of annexation by title on three different days, if required by
law.
SECTION 2. The approval, passage and adoption of this Ordinance of Intent shall
not confer any rights as a beneficiary or otherwise upon any person or persons.
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication in pamphlet form within fifteen days as provided by law.
Enacted: August 22, 2017.
Attest:
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RaNae Edwards, City Clerk
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