11/28/2017 Resolutions 2017-337RESOLUTION 2017-337
A RESOLUTION AUTHORIZING THE EXECUTION OF A REDEVELOPMENT
CONTRACT WITH O'NEILL WOOD RESOURCES, THE COMMUNITY
REDEVELOPMENT AUTHORITY OF THE CITY OF GRAND ISLAND AND
THE CITY OF GRAND ISLAND; APPROVING THE USE OF TAX INCREMENT
FINANCING, EVIDENCED BY A NOTE OR OTHER OBLIGATION, IN A
PRINCIPAL AMOUNT NOT TO EXCEED $209,000 FOR THE PURPOSE OF
PAYING THE COSTS OF ACQUIItING PROPERTY AS DESCRIBED IN
REDEVELOPMENT PLAN FOR CRA AREA #20; AND RELATED MATTERS.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
ARTICLE I
FINDINGS AND DETERMINATIONS
Section 1.1. Findings and Determinallons. The Mayor and members of the City Council of
Grand Island, Nebraska (the "City") hereby iind and determine as follows:
I (a) The City -previously approved the O'Neill Wood Resources Redevelopment Project May
2017 (the "Redevelopment Plan") under and pursuant to the Nebraska Community Development Law (the
"Act") to assist in the redevelopment and rehabilitation of the Redevelopment Area (hereinafter defined).
(b) The City, in approving the Redevelopment Plan determined that (a) the plan was
feasible and in conformity with the general plan for the development of the city as a whole and
the plan was in conformity with the legislative declarations and determinations set forth in the
Act and (b) that, if the plan uses funds authorized in section 18-2147 of the Act, (i) the
redevelopment project in the plan would not be economically feasible without the use of tax-
increment financing, (ii) the redevelopment project would not occur in the community
redevelopment area without the use of tax-increment financing, and (iii) the costs and benefits
of the redevelopment project, including costs and benefits to other affected political
subdivisions, the economy of the community, and the demand for public and private services
have been analyzed by the governing body and have been found to be in the long-term best
interest of the community impacted by the redevelopment project.
(c) The Redevelopment Area, described on Attachment "A", hereto, lies within Hall County
Sanitary Improvement District Number 4(SID #4), which district was created and approved by the Hall
County, Nebraska District Court on September 20, 2017.
(d) The Redevelopment Area, was formerly owned by, leased to or otherwise possessed by
the United States under the jurisdiction of the United States Secretary of Defense and was part of the
Cornhusker Army Ammunition Plant.
(e) The City adopted ardinance #9645, on August 22, 2017, expressing the intent of the City
to annex the Redevelopment Area when the same shall become eligible for annexation.
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(� The City has been presented with a Redevelopment Contract in the form of Attachment
"B", hereto. It is in the best interests of the City that it approve the Redevelopment Contract and that the
Authority be appointed by the City to implement the Redevelopment Plan.
(g) Pursuant to the Redevelopment Contract, the Autharity will hereafter obligate itself to
provide a portion of the imancing to acquire a portion of the Redevelopment Area (as defined in the
Redevelopment Contract) in the Redevelopment Area (the "Project Cost"), including, without limitation)
completing the acquisition of the Project Site (as deiined in the Redevelopment Contract), ( the "Project"),
as more fully described in the Redevelopment Contract.
ARTICLE II
APPROVAL OF ACTIONS
Section 2.1. General and Specific Authorizations;
(a) The Authority is hereby appointed to act on behalf of the City to implement the
Redevelopment Plan.
(b) The Mayor and City Clerk are authorized and directed to execute the Redevelopment
Contract in the form presented (Attachment "B") with such immaterial changes as the Mayor, in his
discretion deems proper.
(c) The Authority is authorized to undertake the actions set forth in the Redevelopment
Contract upon execution and approval by the Authority including the issuance of a Tax Increment
Development Revenue Note not to exceed $209,000.
Section 2.2 Benefits of Resolution Limited to the City and Authority. With the exception of
rights or benefits herein expressly conferred, nothing expressed or mentioned in or to be implied from this
Resolution is intended or should be construed to confer upon or give to any person other than the City and
Authority any legal ar equitable right, remedy or claim under or by reason of or in respect to this Resolution
ar any covenant, condition, stipulation, promise, agreement or provision herein contained. The Resolution
and all of the covenants, conditions, stipulations, promises, ageements and provisions hereof are intended to
be and shall be for and inure to the sole and exclusive benefit of the City and the Authority.
Section 2.3. No Personal Liability. No officer or employee of the City or Authority shall be
individually or personally liable for any action taken in their representative capacity in complying with the
terms of this Resolution. Nothing herein contained shall, however, relieve any such officer or employee
from the performance of any duty provided or required by law.
Section 2.4 Partial Invalidity. If any one or more of the covenants or agreements or portions
thereof provided in this Resolution on the part of the City or the Authority to be performed should be
determined by a court of competent jurisdiction to be contrary to law, then such covenant or covenants, or
such agreement or agreements, or such portions thereof, shall be deemed severable from the remaining
covenants and agreements or portions thereof provided in this Resolution and the invalidity thereof shall in
no way affect the validity of the other provisions of this Resolution.
If any provisions of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or
unenforceable or invalid as applied in any particular case in any jurisdiction or jurisdictions or in all
jurisdictions, or in all cases because it conflicts with any constitution or statute or rule of public policy, or
for any other reason, such circumstances shall not have the effect of rendering the provision in question
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inoperative ar unenforceable or invalid in any other case or circumstance, or of rendering any other
provision or provisions herein contained inoperative ar unenforceable or invalid to any extent whatever.
Section 2.5. Law and Place of Enforcement of this Resolution. The Resolution shall be
construed and interpreted in accardance with the laws of the State of Nebraska. All suits and actions arising
out of this Resolution shall be instituted in a court of competent jurisdiction in the State of Nebraska.
Section 2.6. Effect of Article and Section Headings and Table of Contents. The headings or
titles of the several Articles and Sections hereof, or to copies hereof, shall be solely for convenience of
reference and shall not affect the meaning, construction, interpretation or effect of this Resolution.
Section 2.7. Repeal of Inconsistent Resolution. Any Resolution of the City and any part of any
resolution, inconsistent with this Resolution is hereby repealed to the extent of such inconsistency.
Section 2.8. Publication and Effectiveness of this Resolution. This Resolution shall take effect
and be in full force from and after its passage by the City Council of the City of Grand Island.
PASSED AND ADOPTED: November 28, 2017.
(sEaL)
ATTEST:
• � ��, • • ' � ���
.
THE CITY OF GRAND ISLAND, NEBRASKA
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Attachment "A"
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN PART OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION
EIGHTEEN (18), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M.,
HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 18; THENCE ON AN ASSUMED
BEARING OF NO1°18'49"W, ALONG THE EAST LINE OF SAID E1/2 OF SECTION 18, A
DISTANCE OF 591.59 FEET; THENCE S88°41'11"W A DISTANCE OF 4.22 FEET TO THE POINT
OF BEGINNING; THENCE S89°02'09"W A DISTANCE OF 2510.04 FEET; THENCE N00°59'37"W A
DISTANCE OF 927.97 FEET; THENCE N89°02'S2"E A DISTANCE OF 82031 FEET TO A POINT
ON THE WEST LINE OF 86 FT. DRAINAGE EASEMENT; THENCE NO 1° 11' 12"W, ALONG SAID
WEST LINE OF DRAINAGE EASEMENT, A DISTANCE OF '76.55 FEET; THENCE N89°24'S6"E A
DISTANCE OF 1639.82 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A
CLOCKWISE DIRECTION, HAVING AN ANGLE OF 20°33'43", HAVING A RADIUS OF 722.17
FEET, AND CHORD BEARING S11°30'O1"E A CHORD DISTANCE OF 257.78 FEET; THENCE
SO1°14'28"E A DISTANCE OF 740.06 FEET TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS A CALCULATED AREA OF 2,442,827.01 SQUARE FEET OR 56.080
ACRES MORE OR LESS, OF WHICH 1.02 ACRES ARE COUNTY ROAD RIGHT-OF-WAY.
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Attachment "B"
Redevelopment Contract
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