08/22/2023 Ordinances 9941ORDINANCE NO. 9941
An ordinance establishing a business improvement district; establishing the
purpose of the district; describing the boundaries of the district; establishing a method of
assessment; providing an initial annual budget and limitations; providing for enforcement and
penalties; providing for severability; and providing for publication and the effective date of this
ordinance; and
WHEREAS, the Initial Business Improvement Board appointed December 6,
2022, recommended that the City of Grand Island establish a business improvement district to be
known as 4th Street Business Improvement District to be effective October 1, 2023; and
WHEREAS, the City Council adopted Resolution 2022-351, on December 6,
2022 establishing the Intention to Create a business improvement district; and
WHEREAS, pursuant to said resolution, notice of public hearing was published
and mailed as required by Neb.Rev.Stat. § 19-4029.01, and public hearing was duly held at 7:00
p.m. on August 22, 2023, in the Council Chambers at City Hall, 100 East First Street, Grand
Island, Nebraska, concerning the formation of such district; and
WHEREAS, the proposed business improvement district is located within the
boundaries of an established area of the City zoned for business, public, or commercial purposes;
and
WHEREAS, the City Council now finds and determines that a business
improvement district should be created in accordance with the proposal contained in said
resolution 2022-351.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND,
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ORDINANCE NO. 9941 (Cont.)
SECTION 1. CREATION OF DISTRICT. The 4�' Street Business Improvement
District ("District") is hereby created and established effective October 1, 2023, with such
boundaries as set forth herein.
SECTION 2. IMPROVEMENTS AND ACTIVITIES. The proposed public
facilities and improvements to be made or maintained within the District include District
beautification facilities. Those facilities include, but are not limited to planters, tree grates,
foliage and flowers, pedestrian areas, streetscape, signage and other attractions. District activities
shall include the following:
• District beautification and maintenance;
• Business retention and recruitment;
• District/events promotions;
• Support for paid and volunteer staff;
• Strategic planning & implementation.
SECTION 3. DISTRICT BOUNDARIES. The properties included within the
district are those properties lying within the following boundaries:
Beginning at a point being the intersection of the east line of Eddy Street
and the north line of Fourth Street; thence northwesterly along the east line
of Eddy Street to a point 132 feet north of the north line of Fourth Street;
thence northeasterly on a line 132 feet north and parallel to the north line of
Fourth Street to a point 132 feet north of the north line of 4�' street along
the west line of Kimball Ave; thence southeasterly on a line 132 feet along
the west line of Kimball Ave to a point on the south line of Fourth Street;
thence southeasterly on a line to a point 132 feet south of the south line of
4th street and along the west line of Kimball Ave; thence southwesterly on
a line 132 feet south and parallel to the south line of Fourth Street to a point
on the west line of Sycamore Street; thence southeasterly on the west line
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ORDINANCE NO. 9941 (Cont.)
of Sycamore Street to a point 425 feet south of the south line of Fourth
Street; thence southwesterly on a line 425 feet south of and parallel to the
south line of Fourth Street to a point on the extension of the east line of
Locust Street; thence northwesterly on the extension of the east line of
Locust Street to a point 280 feet south of the south line of Fourth Street;
thence southwesterly on a line 280 feet south and parallel to the south line
of Fourth Street to a point 175 feet east of the east line of Walnut Street;
thence southeasterly on a line 175 feet east and parallel to the east line of
Walnut Street to a point 345 feet south of the south line of Fourth Street;
thence southwesterly on a line 345 feet south of and parallel to the south
line of Fourth Street to a point on the extension of the east line Cedar
Street; thence northwesterly on the east line of Cedar Street and the
extension thereof to a point 148 feet south of the south line of Fourth
Street; thence southwesterly on a line 148 feet south and parallel to the
south line of Fourth Street to a point 100 feet east of the east line of Eddy
Street; thence southeasterly on a line 100 feet east and parallel to the east
line of Eddy Street to a point 280 feet south of the south line of Fourth
Street; thence southwesterly on a line 280 feet south and parallel to the
south line of Fourth Street to a point to a point on the east line of Eddy
Street; thence northwesterly on the east line of Eddy Street to the Point of
Beginning
SECTION 4. SPECIAL ASSESSMENT; METHOD OF ASSESSMENT. The
costs and expenses for the activities proposed to be performed within this business improvement
district will be funded through special assessments, as authorized by the Business Improvement
District Act, against the property in the district based upon the special benefits to the property,
and shall be fairly and equitably equalized by the City Council sitting as a board of equalization.
The special assessments on each property will be levied annually based upon the assessed value
of individual property divided by total assessed value of all taxable property in the district times
total special assessment equals individual special assessment. Based upon the recommendation
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ORDINANCE NO. 9941 (Cont.)
of the initial Business Improvement District Board, owner-occupied residential properties that
are not obviously being used for commercial purposes within the district will be assessed at 70%
of assessed valuation based on their primary benefit from the beautification and maintenance
programs beginning October 1 2024. Beginning October 1 2024, for mixed-use properties that
combine owner-occupied residential and other uses, the property owner may submit evidence
supporting a pro-rated split of the assessed value (between owner-occupied residential and other
uses) for the City Council to consider when sitting as a board of equalization. The assessed
values to be used in the above formula shall be the values, as shown in the office of the Hall
County Assessor, in effect on the first day of January of the current year.
Owners of property exempt from ad valorem taxes are encouraged to support
District activities, promotions, and improvements but property exempt from ad valorem taxes
will not be subject to special assessment for this Business Improvement District. Property owned
by the Federal Government, the State of Nebraska and political subdivisions thereof shall not be
subject to special assessment for this Business Improvement District.
The city council, sitting as a Board of Equalization, shall levy the special
assessments on all properties at one time, in accordance with the method of assessment provided
above. If the city council finds that the proposed method of assessment does not provide a fair
and equitable method of apportioning costs, then it may assess the cost under such method as the
city council finds to be fair and equitable.
Said assessments shall be payable in one installment to become delinquent fifty
(50) days after the date of such levy. Delinquent payments shall draw interest at the rate
specified in the Neb.Rev.Stat. § 45-104.01, as amended. All special assessments together with
interest and penalties shall be liens upon the property assessed until paid.
SECTION 5. INITIAL ANNUAL BUDGET AND LIMITATIONS. The first year
estimated total annual costs and expenses for the activities to be performed within the 4�' Street
Business Improvement District during the October 2023 to September 2024 fiscal year is
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ORDINANCE NO. 9941 (Cont.)
$215,000. The maximum amount of the first fiscal year's annual assessment for the district shall
not exceed the total costs and expenses thereof or $40,000, 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 6. 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 7. SEVERABILITY. If any section, subsection sentence, phrase, or
clause, of this ordinance is, for any reason, held to be unconstitutional or invalid, such holding
sha11 not affect the validity of the remaining portions of this ordinance.
SECTION 8. EFFECTIVE DATE. This ordinance shall take effect and be in force
from and after its passage and publication.
ENACTED: August 22, 2023, by the City Council of the City of Grand Island,
Roger G. Steele, Mayor
Attest:
Jill Granere, Deputy City Clerk
Motion to Suspend the Rules — Failed 6/3
Ayes: Lanfear, Nickerson, Stelk, Sheard, Guzinski, Mendoza
No: Conley, Paulick, Haase
First Reading Passed:
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