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01/08/2019 Ordinances 9718ORDINANCE NO. 9718 An ordinance of the City of Grand Island, Nebraska, Amending Chapter 13 of the Grand Island City Code; establishing Vehicle Offstreet Parking District No. 3 of the City of Grand Island, Nebraska; designating the estimate of the cost of such improvements; for the means of payment thereof; describing the boundaries thereof; providing authority to establish credits or offsets; providing for the disestablishment of the Downtown Improvement and Parking District; to repeal Grand Island City Code Chapter 13, Article I Downtown Improvement and Parking District Sections 13.1 through 13.10, inclusive; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The Mayor and City Council hereby find and determine: (a) As provided by Section 19-3311, Reissue Revised Statutes of Nebraska, 1943, as amended, notice has been given by publication once each week in The Grand Island Independent for not less than thirty (30) days inviting application for private ownership and operation of offstreet parking facilities, which notice fixed the time and date of 7:00 p.m., on January 8, 2019, at the regular meeting room of the City Council, and that no such applications were received from private parties. (b) That the City caused notice of creation of an offstreet parking district to be published in The Grand Island Daily Independent on December 6, 13, 20, and 27, 2018 in accordance with the provisions of Section 19-3312, Reissue Revised Statutes of Nebraska, 1943, Approved as to Form tt January 7, 2019 tt ity rney ORDINANCE NO. 9718 (Cont.) as amended, which notice states that the Mayor and City Council would hold a hearing as to all protests anct objections to said proposed district at 7:00 p.m., on Januaxy 8, 2019. (c) That a public hearing was held at 7:00 p.m. on January 8, 2019, at which all protests and objections to the formation to said proposed district were considered and that insufficient objections were received to the formation of said district; and that the public health, welfare, convenience, and necessity requires the formation of said offstreet parking district and facilities. SECTION 2. Grand Island City Code Chapter 13 is amended as follows: ARTICLE XIII VEHICLE OFFSTREET PARKING DISTRICTS §13-97. Creation of Vehicle Offstreet Parking District No. 3. There is hereby created within the City of Grand Island, Nebraska, Vehicle Offstreet Parking District No. 3 of the City of Grand Island, Nebraska. §13-98. District Boundaries. Vehicle Offstreet Parking District No. 3 shall include all property within the following boundaries, all of which is hereby deemed to be specially benefited by the maintenance, repair, and reconstruction of offstreet parking facilities within the District, to wit: Beginning at the intersection of Sycamore Street and First Street; thence westerly on First Street to Pine Street; thence southerly on Pine Street to the southerly boundary of Courthouse Addition; thence westerly along the southerly boundary of Courthouse Addition to Locust Street; thence westerly on Division Street to Walnut Street; thence northerly on Walnut Street to the alley between Division Street and First Street; thence 2 ORDINANCE NO. 9718 (Cont.) westerly on said alley to Cedar Street; thence northerly on Cedar Street to the alley between Second Street and Third Street; thence westerly on said alley to Elm Street; thence northerly on Elm Street to a point 40 feet north of the southerly right-of-way line of the Union Pacific Railroad; thence easterly parallel to and 40 feet from said right-of- way line to Walnut Street; thence northerly on Walnut Street to a point 100 feet north of the northerly right-of-way line of South Front Street; thence easterly parallel to and 100 feet from said right-of-way line to Kimball Avenue extended; thence southerly on Kimball Avenue extended and Kimball Avenue to the alley between Third Street and Second Street; thence southerly on Sycamore Street to the point of beginning. §13-98. Purpose. The acquisition of new parking lots is not contemplated by the creation of Vehicle Offstreet Parking District No. 3. No money is to be expended in the acquisition of property and construction of such offstreet parking facilities. The purpose of the District is to provide for the maintenance, repair, reconstruction and operation of the City-owned offstreet public parking facilities located within the District excepting and excluding parking facilities located upon Block Seventy-eight (78), Original Town of Grand Island, and Lots One (1), Two (2), and Three (3), Parking Ramp Subdivision, a replat of Lots 5, 6, and 7, Block 79, Original Town of Grand Island, all located in Hall County, Nebraska. §13-99. Special Assessments. All or a portion of the cost of maintenance, repair, and reconstruction of any offstreet parking facilities designated herein may be paid for by annual special assessments against the real estate located in such district in proportion to the special benefit of each parcel of � ORDINANCE NO. 9718 (Cont.) real estate. The amounts of such special assessments shall be determined by the mayor and city council sitting as a board of equalization. §13-100. Credits. The Grand Island City Council sitting as a Board of Equalization may by resolution establish privately owned parking space credits or offsets to be applied toward any special assessments levied for Vehicle Offstreet Parking District No. 3, and provide necessary rules and procedures applicable to such credits or offsets. §13-101. Disestablishment of Downtown Improvement and Parking District. Concurrent with the establishment of Vehicle Offstreet Parking District No. 3 as provided herein, the Downtown Improvement and Parking District of the City of Grand Island, Nebraska, created and established by Ordinance No. 5854, is hereby disestablished and dissolved, and Grand Island City Code Chapter 13, Article I, Sections 13-1 through 13- 10, inclusive, are repealed. Any remaining occupation taxes assessed and collected or to be collected for purposes of the Downtown Improvement and Parking District shall be set aside and utilized for the purposes for which said District was established. The disestablishment and dissolution of the Downtown Improvement and Parking District shall not operate as a nullification of any occupation tax previously assessed for purposes of said District. SECTION 3. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 4. This ordinance shall be in force and take effect from and after its � passage and publication, as provided by law. 4 ORDINANCE NO. 9718 (Cont.) Enacted: January 8, 2019. Attest: �� 0.4� ��G� RaNae Edwards, City Clerk ��l!`- �� m Ro er G. Steele, Mayor o� GRAIVp �s .���� ��N�� ,�� ..•'' '•ti� � #''�co�o�qr� �?o ,k � ... ..� � * '�,,�`�� 10� ��� .• NFgRAS�P