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08-13-2013 City Council Regular Meeting Packet City of Grand Island Tuesday, August 13, 2013 Council Session Packet City Council: Linna Dee Donaldson Scott Dugan John Gericke Peg Gilbert Chuck Haase Julie Hehnke Vaughn Minton Mitchell Nickerson Bob Niemann Mike Paulick Mayor: Jay Vavricek City Administrator: Mary Lou Brown City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street Grand Island Council Session - 8/13/2013 Page 1 / 401 City of Grand Island Tuesday, August 13, 2013 Call to Order This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. Invocation - Pastor Richard King, Solid Rock Baptist Church, 3221 West 13th Street Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Council Session - 8/13/2013 Page 2 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item D-1 #2013-BE-5 - Determining Revision of Benefits for Water Main District 398T - North Road between Potash Hwy. and Stolley Park Road Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 8/13/2013 Page 3 / 401 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney/Purchasing Meeting:August 13, 2013 Subject:Board of Equalization Determining Revision of Connection Fees for Water Main District 398T Item #’s:D-1 & G-6 Presenter(s):Timothy Luchsinger, Utilities Director Background Water Main District 398T was completed in March, 1992 and provided for the installation of a 20” diameter water main in North Road between Potash Highway and Stolley Park Road. The water main provides municipal water service to the adjacent properties and was an integral part of general improvements to the water system. The work was done as a tap (connection fee) district. This is the standard method used by the City to recoup costs when water mains are installed along undeveloped lands, and the connection fees are due when a property “taps” the main for service. Connection fees were based on the cost of an 8-inch diameter main, the minimum size necessary to serve the potable needs of properties adjacent to the main. Due to the configuration and various sizes of the tracts of land within the district’s boundary, half of the fee was based on property right of way front footage and half on square footage for each tract. Discussion At the time of construction, two of the tracts of land within the district were owned by Green Line Equipment, Inc., being located at 3990 West Highway 30. The property consisting of Lot One (1) Westgate 4th Subdivision and an un-subdivided tract being part of the NW ¼ of the SW ¼, Section 24, Township 11 North, Range 10 West. Attached is a sketch showing the two parcels. During the time Green Line Equipment owned and occupied the property, they remained on their private well, and no connection fee was due. Grand Island Council Session - 8/13/2013 Page 4 / 401 The two parcels have recently been sold to Chief Industries, Inc. They have re-platted the area as Lots 1 – 4, Chief/Westgate Subdivision, and are in the process of redeveloping the area as indicated on the attached subdivision plat. This reconfiguration has three lots adjacent and one lot (Lot 4) not adjacent to the water line in North Road. Lot 4 will be served from the existing water main in Westgate Road, adjacent to the north side of Lot 4, which was installed as assessment District 420 in December, 1997, however, Lot 4 was not included in District 420 and will remain in District 398T. To provide equity in repayment of connection fees due from District 398T, it is recommended that the Council reconvene as a Board of Equalization for Lots 1 – 4, Chief/Westgate Subdivision. The original connection fees were computed on ½ square footage and ½ front footage for each tract of land. The square foot cost is $0.0315948 and the front foot cost is $8.7037317, as follows. Subdivision/Section Lot Square Footage Front Footage Square Foot Fee Front Foot Fee Total Fee Westgate 4th Subdivision 1 111,389.60 160.00 $3,528.81 $1,392.60 $4,921.41 Pt. of the NW ¼, SW ¼, Sec. 24-11-10 444,194.00 795.90 $14,034.22 $6,927.30 $20,961.52 TOTAL $25,882.93 It is recommended that the revised connection fee of $25,882.93 be divided among the four lots on a square foot basis. This computes to $0.0521667 per square foot and provides equity for the properties, as now re-subdivided and currently owned by Chief Industries. Subdivision/Section Lot Square Footage Total Fee Chief/Westgate Subdivision 1 69,941.03 $3,648.59 Chief/Westgate Subdivision 2 168,671.06 $8,799.02 Chief/Westgate Subdivision 3 136,916.92 $7,142.51 Chief/Westgate Subdivision 4 120,628.73 $6,292.81 TOTAL $25,882.93 The difference in the total square footage between the Green Line ownership and the Chief Industries ownership is due to additional right-of-way being dedicated for North Road with the platting of Chief/Westgate Subdivision. Grand Island Council Session - 8/13/2013 Page 5 / 401 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council set the revised connection fees for the properties within Water Main District 398T as listed above. Sample Motion Move to approve the revised connection fees for properties within Water Main District 398T. Grand Island Council Session - 8/13/2013 Page 6 / 401 Grand Island Council Session - 8/13/2013 Page 7 / 401 Water Main District 398T Connection fees based on 1/2 SF + 1/2 FF 3/16/1992 Connection Fee per SQ Ft = $0.0315948 Connection Fee per FF = $8.7037317 Subdivision / Section Lot SQ FT FF SQ FT Fee FF Fee Total Conn. Fee $ Westgate 4th Subdivision 1 111,689.60 160.00 $3,528.81 $1,392.60 $4,921.41 Pt NW 1/4, SW 1/4, Sec. 24‐11‐10 444,194.00 795.90 $14,034.22 $6,927.30 $20,961.52 555,883.60 * $25,882.93 *************************************************************************************************** Connection recalculated per re‐subdivided lots: SQ FT Total Conn. Fee $ Chief / Westgate Subdivision 1 69,941.03 $3,648.59 Chief / Westgate Subdivision 2 168,671.06 $8,799.02 Chief / Westgate Subdivision 3 136,916.92 $7,142.51 Chief / Westgate Subdivision 4 120,628.73 $6,292.81 496,157.74 * $25,882.93 Connection fee per SQ FT = $0.0521667 *Difference in square footage due to additional r‐o‐w being dedicated for North Road as indicated on plat of Chief/Westgate Subdivision. Grand Island Council Session - 8/13/2013 Page 8 / 401 IIlIIIIIII I IIII1I I II s NORTHWEST NW CORNERlSECTION24TWINRTOW WESTGATE ROADN88731613A r4000M 4700041 Yi 1 tl1 gggV z z 1 I SET REFERENCE MONUMENT 4 SOUTH OF TRUE LOCATION 883116E 399841 POB WEST QUARTER Wt4 CORNERSECTION24T11NRIW 40 RIGHTOFWAY TO BE DEDICATED WITH THIS PLAT LOT 21687E3SSF387ACRES PN884719E 17438141 OOLSSON SET REFERENCE MONUMENT 4 EAST OF TRUE LOCATIONCALCULATEDPOINTFALLSONTELEPHONEMANHOLE N884719E 3207241 LOT 16161ACsFRE161ACRES 1t SET SURVEY MARKERwAS874WASHER 4982M SOUTHWEST SW CORNERSECTION24TUNR1OW N8847 LOT3 13891892SF314ACRES 201ea112a Steel P08021022GaudWaneHe680021022let3002808110 AS SOCIATIS FAX2001610262 20 UTILITY EASEMENT CITY 0 GTOBEDEDICATED t HALL COUNTY NEBRASKA 20TH THIS PLAT 19E86782M 06779P FINAL PLAT P R 20 UTILITY EASEMENT ITO BE DEDICATED IWITHTHISPLATI Geer GeenllneSiteSurvey 11616419S884719W IWB LEGENQ SECTION CORNER p CORNER FOUND 12 PIPE SET CORNER 583324 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SURVEYORSCERTIFICATE IHEREBY CERTIFY THAT ON 4ENTR 5 2013 ICOMPLETED AN ACCURATE SURVEY UNDER MY PERSONAL S IVCR1NOFAREPEATOfALLOfLOT41WESTGATEFOURTHSU80INSIONINTHECITYOf51ISLANDMDPMTOf111ESOUMWIOTWARM SWI4 OF SECTION TWENTYFOUR 24 TOWNSHIP ELEVEN 11 NORTH R 7 NEST Of THE CM PMALL N NAIL COUNTYNEBRASKAASSHOWNONTHEACCOMPANYINGPLATTHEREOFTHATIRONyliY1ORALINDICATEDVCREPOUNDATALLCORNERSTHATTHEDIMENSIONSAREASSHOWNONTIEPUTANDINjtATELATHHDPIRINCTTO1040201AND RECORDED MONUMENTS M z 7Ivvr JESSE HURT REGISTERED LAND SURVEYOR NUMBER LS674 DEDICATION OF PLAT KNOW ALL MEN BY THESE PRESENTS THAT CHIEF INDUSTRIES INC A DELAWARE CORPORATION BEANO THE ONUS OF 114 LAND 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THIS 512 DAY OF SiAE 2013 BEFORE ME 11WdA1446Ad A NOTARY P00120981984 MD TNSTUD COUNTY PERSONALLY APPEARED DAVE COMM VICE PRESIDENTCHIEF FINANCIAL OFFICER CHIEF INDUSTRIES INC A OCLAWMECORPORATIONTOMEPERSONALLYKNOWNTOBETHEIDENTICALPERSONSWHOSESIGNATURESAREMF1MDHERETO1110A001011UOOLDTHEEXECUTIONTHEREOFTOBEHEIRVfyYNTIRYACTANDDEEDNARCMEREOFIHAWHEREUNTO91BSd68E0MYNAMEMD AFFIXED MY OFFICIAL SEAL ATSIFPAA DIM NEBRASKA 014 ME DATE LAST ABOVE INTIM MY COMMISSION EXPIRES Fib21 toll 1042163e12 g 1NOTARYPUBUc APPROVAL SUBMITTED TO AND APPROVED BY THE REGIONAL PLANNING MI15510N N5510NOFHALLCOUNTYCITIESOfGRAANO WOOD NNNL AND 120EAIDACARDApoOONIPHANNEBRASKSaGL gMAN DA APPROVED AND ACCEPTED BY THE CITY OF GRAND ISLAND NEBRASKA TA 017 CLERK il03 STATE OF NFTRAS 12COUNTYOFHALL55 Ti N 11 PEI 3 93 rL 1 e 1HALLCOillGL2Eos Grand Island Council Session - 8/13/2013 Page 9 / 401 Approved as to Form □ July 3, 2013 □ City Attorney R E S O L U T I O N 2013-BE-5 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Water Main District 398T, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $25,882.93; and Such benefits are equal and uniform; and According to the equivalent frontage of the respective lots, tracts, and real estate within such Water Main District No. 398T, such benefits are the sums set opposite the descriptions as follows: Name Description Assessment Chief Industries, Inc., A Delaware Corporation Chief/Westgate Subdivision, Lot 1 $3,648.59 Chief Industries, Inc., a Delaware Corporation Chief/Westgate Subdivision, Lot 2 $8,799.02 Chief Industries, Inc., a Delaware Corporation Chief/Westgate Subdivision, Lot 3 $7,142.51 Chief Industries, Inc., a Delaware Corporation Chief/Westgate Subdivision, Lot 4 $6,292.81 TOTAL $25,882.93 BE IT FURTHER RESOLVED that the special benefits as determined by this resolution shall not be levied as special assessments, but shall be certified by this resolution to the Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6,103,R.R.S. 1943. A connection fee in the amount of the above benefit accruing to each property in the district shall be paid to the City of Grand Island at the time such property becomes connected to the water main. No property benefited as determined by this resolution shall be connected to the water main until the connection fee is paid. The connection fees collected shall be paid into the fund from which construction costs were made to replenish such fund for the construction costs. --- Adopted by the City Council of the City of Grand Island, Nebraska, on August 13, 2013. ______________________________________ Jay Vavricek, Mayor Attest: __________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/13/2013 Page 10 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item E-1 Public Hearing on Acquisition of Public Right-of-Way, Permanent Easements and Temporary Easements for the Capital Avenue - Webb Road to Broadwell Avenue Widening Project (State of Nebraska Department of Administrative Services) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 8/13/2013 Page 11 / 401 Council Agenda Memo From:Scott Griepenstroh, Project Manager Meeting:August 13, 2013 Subject:Public Hearing on Acquisition of Public Right-of-Way, Permanent Easements, and Temporary Easements for the Capital Avenue – Webb Road to Broadwell Avenue Widening Project (State of Nebraska Department of Administrative Services) Item #’s:E-1 & G-16 Presenter(s):John Collins PE, Public Works Director Background Public Works Staff in conjunction with the design engineer, Black & Veatch of Kansas City, Missouri have jointly developed multi-year replacement planning stages for the City of Grand Island’s large diameter gravity sanitary sewer interceptor network. The current planned interceptor, entitled the “North Interceptor” will replace aged gravity sanitary sewer, reduce or eliminate current sewer pumping station(s), and provide additional capacity for existing and new growth areas of Grand Island. The new North Interceptor route was developed to incorporate, and partner with other utilities for the Capital Avenue Widening Project, and the new Headworks Pumping Station Project at the Wastewater Treatment Plant. A phased approach of constructing the North Interceptor was developed as follows: Phase I - Wastewater Treatment Plant (WWTP) to 7th Street / Skypark Road Phase II (Part A) - 7th Street / Skypark Road to Broadwell Avenue Phase II (Part B) - Broadwell Avenue to Webb Road Phase II (Part C) - Webb Road to Diers Avenue (Lift Station No. 19) Public right-of-way, permanent easements and temporary easements are necessary for Phase II, Part B of this project to be completed, which must be approved by City Council. A sketch is attached to show such. Grand Island Council Session - 8/13/2013 Page 12 / 401 Discussion To allow for the accommodation of public utilities and a widened roadway along Capital Avenue from Webb Road to Broadwell Avenue it is requested that public right-of-way, two (2) permanent easement areas and five (5) temporary easement areas be acquired from the State of Nebraska, all shown on the attached sketch. The terms and conditions, which involve cost to the City, of such agreement with the State of Nebraska are detailed as follows: City of Grand Island (City) agrees to assume and pay all costs for the improvements as shown in Exhibit B, Anderson Building, which will be impacted by the Project. The approximate cost of this reconstruction is $110,000. Department of Administrative Services (DAS) shall hire a licensed and bonded contractor and administer the construction of the improvements, not to exceed the approximate cost of $110,000. If such costs exceed this amount, then DAS shall obtain prior written approval from City for payment of the amount exceeding the approximate proposed costs of reconstruction; City shall pay all costs for the private underground power line improvement as shown in Exhibit C which will be impacted by the Project. The approximate cost of this improvement is $125,000. City shall hire a licensed and bonded contractor for these electrical improvements as a result of damages resulting from the Project, not to exceed the approximate cost of $125,000. If such costs exceed this amount, then DAS shall obtain prior written approval from City for payment of the amount exceeding the approximate proposed costs of reconstruction; City shall pay all costs for the sign improvements identified in Exhibits B and D which will be impacted by the Project. City shall hire a licensed and bonded contractor for such sign improvements for damages resulting from these Projects; City agrees to assume and pay all costs for the sprinkler improvements which will be impacted by the Project. City shall hire a licensed and bonded contractor to reconstruct the sprinkler system or reimburse DAS for damages up to the amount of damages as determined by City’s contractor, resulting from these improvement projects; City shall protect or agrees to assume and pay all costs for any damages that may occur to the existing irrigation well as a result of the Project. City shall hire a licensed and bonded contractor to repair or reconstruct the irrigation well system or reimburse DAS for damages up to the amount of damages shown to have been a result of the Project and as determined by City’s contractor, resulting from these improvement projects; and City agrees to assume and pay all costs for replacement trees and shrubs which will be impacted by the Project. The approximate cost of such replacements is $120,000. DAS will hire a licensed and bonded contractor and administer the replacement of such trees and shrubs in accordance with Exhibit G. DAS will grant City the right of entry to plant the tree windbreak in accordance with Exhibit F and install a weed barrier. Drip irrigation lines will be installed for the tree windbreak by City and DAS will be responsible for supplying water including Grand Island Council Session - 8/13/2013 Page 13 / 401 piping to these drip lines. Maintenance of the trees after the installation shall be the responsibility of DAS. The full agreement is attached for reference. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation Public Works Administration recommends that the Council approve a resolution authorizing the Mayor to sign the agreement. Sample Motion Move to approve authorization for the Mayor to sign the agreement. Grand Island Council Session - 8/13/2013 Page 14 / 401 RIGHT OF WAYCAPITAL AVENUEWEBB ROAD EXHIBIT A APPROVALGrand IslandCouncil Session - 8/13/2013Page 15 / 401 RIGHT OF WAYCAPITAL AVENUEGrand IslandCouncil Session - 8/13/2013Page 16 / 401 RIGHT OF WAYCAPITAL AVENUEHANCOCK AVENUEGrand IslandCouncil Session - 8/13/2013Page 17 / 401 RIGHT OF WAYCAPITAL AVENUESHERIDAN AVENUEGrand IslandCouncil Session - 8/13/2013Page 18 / 401 RIGHT OF WAYCAPITAL AVENUESHERMAN BOULEVARD HOWARD AVENUE STAGINGAREAGrand IslandCouncil Session - 8/13/2013Page 19 / 401 RIGHT OF WAYCAPITAL AVENUECUSTER AVENUE HOWARD AVENUE STAGINGAREAGrand IslandCouncil Session - 8/13/2013Page 20 / 401 RIGHT OF WAYCAPITAL AVENUETAYLOR AVENUEGrand IslandCouncil Session - 8/13/2013Page 21 / 401 RIGHT OF WAYCAPITAL AVENUEKRUSE AVENUE LAFAYETTE AVENUEGrand IslandCouncil Session - 8/13/2013Page 22 / 401 RIGHT OF WAYCAPITAL AVENUEPARK AVENUE LAFAYETTE AVENUEGrand IslandCouncil Session - 8/13/2013Page 23 / 401 RIGHT OF WAYCAPITAL AVENUEGRAND ISLAND AVENUEGrand IslandCouncil Session - 8/13/2013Page 24 / 401 Grand Island Council Session - 8/13/2013 Page 25 / 401 Grand Island Council Session - 8/13/2013 Page 26 / 401 Grand Island Council Session - 8/13/2013 Page 27 / 401 Grand Island Council Session - 8/13/2013 Page 28 / 401 Grand Island Council Session - 8/13/2013 Page 29 / 401 Grand Island Council Session - 8/13/2013 Page 30 / 401 Grand Island Council Session - 8/13/2013 Page 31 / 401 Grand Island Council Session - 8/13/2013 Page 32 / 401 Grand Island Council Session - 8/13/2013 Page 33 / 401 Grand Island Council Session - 8/13/2013 Page 34 / 401 Grand Island Council Session - 8/13/2013 Page 35 / 401 Grand Island Council Session - 8/13/2013 Page 36 / 401 Grand Island Council Session - 8/13/2013 Page 37 / 401 Grand Island Council Session - 8/13/2013 Page 38 / 401 Grand Island Council Session - 8/13/2013 Page 39 / 401 Grand Island Council Session - 8/13/2013 Page 40 / 401 Grand Island Council Session - 8/13/2013 Page 41 / 401 Grand Island Council Session - 8/13/2013 Page 42 / 401 Grand Island Council Session - 8/13/2013 Page 43 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item E-2 Public Hearing on Consideration of Creating Five-Year Downtown Business Improvement District 2013 Staff Contact: Marco Floreani Grand Island Council Session - 8/13/2013 Page 44 / 401 Council Agenda Memo From:Marco Floreani, Community Development Administrator Meeting:August 13, 2013 Subject:Consideration of Creating Five-Year Downtown Business Improvement District 2013 Item #’s:E-2 & F-2 Presenter(s):Marco Floreani, Community Development Administrator Background At the City Council Meeting of July 23, 2013, the Council adopted a resolution of intent to create the five-year appointed Downtown Business Improvement District 2013. A volunteer board for the District has been appointed and has identified the activities of the District, including pedestrian lighting, landscaping, and sidewalks. The goals include the continued redevelopment of Downtown into an appealing business district. State statute 19-4021, R.R.S. 1943, allows for the creation and implementation of a plan for improving the general architectural design of the public areas within the districts, the development of any public activities and promotion of public events, including the management and promotion and advocacy of retail trade activities or other promotional activities, and employing or contracting for personnel for any improvement program under the act. A five-year budget for the district has been created. Assessments for the five-year appointment of the District will be $192,637. Discussion This is a Consideration of Creating Downtown Business Improvement District 2013. If approved, this ordinance shall be in force and take effect from and after its passage, approval, and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Notification of Intent to Create the district has been mailed to all property owners in the District and was published in the Grand Island Independent on Friday, July 26, 2013. Grand Island Council Session - 8/13/2013 Page 45 / 401 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to Approve consideration to create Downtown BID 2013 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the consideration of creating the Downtown Improvement District 2013. Sample Motion Move to approve Ordinance No. 9435 of the intention to create Downtown Business Improvement District 2013. Grand Island Council Session - 8/13/2013 Page 46 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item E-3 Public Hearing on Consideration of Creating One-Year Second Street Business Improvement District 2013 Staff Contact: Marco Floreani Grand Island Council Session - 8/13/2013 Page 47 / 401 Council Agenda Memo From:Marco Floreani, Community Development Administrator Meeting:August 13, 2013 Subject:Consideration of Creating One-Year Second Street Business Improvement District 2013 Item #’s:E-3 & F-3 Presenter(s):Marco Floreani, Community Development Administrator Background At the City Council Meeting of July 23, 2013, Council adopted a Resolution of Intent to create the one-year appointed Second Street Business Improvement District 2013, from 2nd and Eddy Street to 2nd and Broadwell Street. A volunteer board for the District has been appointed and has identified the activities of the District, including pedestrian lighting, landscaping, and sidewalks. The goals include the continued redevelopment of Second Street into an appealing corridor and entrance into Grand Island. State statute 19-4021, R.R.S. 1943, allows for the creation and implementation of a plan for improving the general architectural design of the public areas within the districts, the development of any public activities and promotion of public events, including the management and promotion and advocacy of retail trade activities or other promotional activities, and employing or contracting for personnel for any improvement program under the act. A one-year budget for the district has been created. Assessments for the one-year appointment of the District will be $25,288. Discussion This is a Consideration of Creating Second Street Business Improvement District 2013, from 2nd and Eddy Street to 2nd and Broadwell Street. If approved this ordinance shall be in force and take effect from and after its passage, approval, and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Notification of Intent to Create the district has been mailed to all property owners in the District and was published in the Grand Island Independent on Friday, July 26, 2013. Grand Island Council Session - 8/13/2013 Page 48 / 401 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to Approve consideration to create Second Street BID 2013 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the consideration of creating the Second Street BID 2013. Sample Motion Move to approve Ordinance No. 9436 of the Intention to create Second Street BID 2013. Grand Island Council Session - 8/13/2013 Page 49 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item E-4 Public Hearing on Consideration of Creating Three-Year Fonner Park Business Improvement District 2013 Staff Contact: Marco Floreani Grand Island Council Session - 8/13/2013 Page 50 / 401 Council Agenda Memo From:Marco Floreani, Community Development Administrator Meeting:August 13, 2013 Subject:Consideration of Creating Three-Year Fonner Park Business Improvement District 2013 Item #’s:E-4 & F-4 Presenter(s):Marco Floreani, Community Development Administrator Background At the City Council Meeting of July 23, 2013, the Council adopted a Resolution of Intent to create the three-year appointed Fonner Park Business Improvement District 2013, South Locust Street from Stolley Park Road to Fonner Park Road. A volunteer board for the District has been appointed and has identified the activities of the District, including pedestrian lighting, landscaping, and sidewalks. The goals include the continued redevelopment of South Locust into an appealing corridor and entrance into Grand Island. State statute 19-4021, R.R.S. 1943, allows for the creation and implementation of a plan for improving the general architectural design of the public areas within the districts, the development of any public activities and promotion of public events, including the management and promotion and advocacy of retail trade activities or other promotional activities, and employing or contracting for personnel for any improvement program under the act. A three-year budget for the District has been created. Assessments for the three-year appointment of the District will be $118,776. Discussion This Consideration of Creating Fonner Park Business Improvement District 2013, South Locust Street from Stolley Park Road to Fonner Park Road. If approved this ordinance shall be in force and take effect from and after its passage, approval, and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Notification of Intent to Create the District has been mailed to all property owners in the District and was published in the Grand Island Independent on Friday, July 26, 2013. Grand Island Council Session - 8/13/2013 Page 51 / 401 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to Approve consideration to create Fonner Park BID 2013 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the consideration of creating the Fonner Park Business Improvement District 2013. Sample Motion Move to approve Ordinance No. 9347 of the Intention to create Fonner Park Business Improvement District 2013. Grand Island Council Session - 8/13/2013 Page 52 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item E-5 Public Hearing on Consideration of Creating Three-Year South Locust Business Improvement District 2013 Staff Contact: Marco Floreani Grand Island Council Session - 8/13/2013 Page 53 / 401 Council Agenda Memo From:Marco Floreani, Community Development Administrator Meeting:August 13, 2013 Subject:Consideration of Creating Three-Year South Locust Street Business Improvement District 2013 Item #’s:E-5 & F-5 Presenter(s):Marco Floreani, Community Development Administrator Background At the City Council Meeting on July 23, 2013, Council adopted a Resolution of Intent to create the three-year appointed South Locust Street Business Improvement District 2013, from Stolley Park Road to Highway 34. A volunteer board for the District has been appointed and has identified the activities of the District, including pedestrian lighting, landscaping, and sidewalks. The goals include the continued redevelopment of South Locust Street into an appealing corridor and entrance into Grand Island. State statute 19-4021, R.R.S. 1943, allows for the creation and implementation of a plan for improving the general architectural design of the public areas within the districts, the development of any public activities and promotion of public events, including the management and promotion and advocacy of retail trade activities or other promotional activities, and employing or contracting for personnel for any improvement program under the act. A three-year budget for the district has been created. Assessments for the three-year appointment of the District will be $210,906. Discussion This is a Consideration of Creating South Locust Street Business Improvement District 2013, from Stolley Park Road to Highway 34. If approved this ordinance shall be in force and take effect from and after its passage, approval, and publication in pamphlet form, within 15 days in one issue of the Grand Island Independent as provided by law. Notification of Intent to Create the District has been mailed to all property owners in the District and was published in the Grand Island Independent on Friday, July 26, 2013. Grand Island Council Session - 8/13/2013 Page 54 / 401 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to Approve consideration to create South Locust Street BID 2013 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the consideration of creating the South Locust Street Business Improvement District 2013. Sample Motion Move to approve Ordinance No. 9438 of the intention to create South Locust Street Business Improvement District 2013. Grand Island Council Session - 8/13/2013 Page 55 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item F-1 #9434 - Consideration of Authorizing Series 2013 Sewer System Revenue Refunding Bonds This item relates to Resolution item I-1. Staff Contact: Jaye Monter Grand Island Council Session - 8/13/2013 Page 56 / 401 ORDINANCE NO. 9434 AN ORDINANCE OF THE CITY OF GRAND ISLAND, NEBRASKA, AUTHORIZING THE ISSUANCE OF SEWER SYSTEM REVENUE AND REFUNDING BONDS, SERIES 2013, OF THE CITY OF GRAND ISLAND, NEBRASKA, IN THE PRINCIPAL AMOUNT NOT TO EXCEED FORTY MILLION DOLLARS ($40,000,000) FOR THE PURPOSES OF REFUNDING THE CITY’S OUTSTANDING SEWER SYSTEM REVENUE AND REFUNDING BONDS, SERIES 2003, PAYING A PORTION OF THE COSTS OF CONSTRUCTING ADDITIONS AND IMPROVEMENTS TO THE CITY'S SEWER SYSTEM, FUNDING A DEBT SERVICE RESERVE FOR SUCH BONDS AND PAYING COSTS OF ISSUANCE; PRESCRIBING THE FORM, TERMS AND DETAILS OF SAID BONDS; PLEDGING AND HYPOTHECATING THE REVENUES OF THE SANITARY SEWER SYSTEM OF SAID CITY FOR THE PAYMENT OF SAID BONDS AND INTEREST THEREON AND PROVIDING FOR THE COLLECTION, SEGREGATION AND APPLICATION OF THE REVENUE OF SAID SANITARY SEWER SYSTEM; ENTERING INTO A CONTRACT WITH THE REGISTERED OWNERS OF SAID BONDS; AUTHORIZING THE SALE OF SAID BONDS AND DELEGATING AUTHORITY TO OFFICERS OF THE CITY TO DETERMINE FINAL PRICING TERMS; PROVIDING FOR THE APPLICATION OF THE PROCEEDS OF SAID BONDS AND THE REDEMPTION OF THE SERIES 2003 BONDS; AUTHORIZING THE DELIVERY OF SAID BONDS TO THE PURCHASER AND PROVIDING FOR THE PUBLICATION OF THE ORDINANCE IN PAMPHLET FORM. BE IT ORDAINED by the Mayor and Council of the City of Grand Island, Nebraska, as follows: Section 1. The Mayor and City Council of the City of Grand Island, Nebraska (the "City") hereby find and determine: (a) The City owns and operates a wastewater treatment plant and sanitary sewer system (such plant and system, together with all additions and improvements thereto hereafter acquired and constructed are herein referred to as the "Sewer System") which represents a revenue-producing undertaking of the City; (b) The City has issued and outstanding the following revenue bonds which are a lien upon and secured by a pledge of the Revenues of the Sewer System: Sewer System Revenue and Refunding Bonds, Series 2003, Date of Original Issue – June 25, 2003, issued pursuant to Ordinance No. 8811 of the City, of which $1,420,000 in principal amount are presently outstanding (the "Refunded Bonds"); (c) That it is necessary and advisable for the City to refund the Refunded Bonds on the Redemption Date, as hereinafter defined; (d) That it is necessary and advisable for the City to construct additions and improvements to the Sewer System (collectively, the "2013 Project") for which the estimated total cost is not less than $34,000,000. Grand Island Council Session - 8/13/2013 Page 57 / 401 ORDINANCE NO. 9434 (Cont.) 2 (d) The Refunded Bonds represent the only indebtedness of the City for which the Revenues of the Sewer System have been pledged. (f) To satisfy the funding requirements described in this Section 1, including funding of appropriate reserves and payment of issuance costs, it is necessary for the City to issue its Sewer System Revenue and Refunding Bonds, Series 2013, in the aggregate principal amount not to exceed $40,000,000 pursuant to Sections10-142 and Sections 18-1803 to 18-1805 R.R.S. Neb. 2012. All conditions, acts and things required by law to exist or to be done precedent to the issuance of the City's Sewer System Revenue and Refunding Bonds as provided herein, do exist and have been done and performed in regular and due time and form as required by law. Said bonds will be payable from the Revenues of the Sewer System. Section 2. In addition to the definitions provided in parentheses elsewhere in this Ordinance, the following definitions of terms shall apply, unless the context shall clearly indicate otherwise: (a) the term "Revenues" shall mean all of the rates, rentals, fees and charges, earnings and other monies, including investment income, from any source derived by the City of Grand Island, Nebraska, through its ownership and operation of the Sewer System. (b) the term "Additional Bonds" shall mean any and all bonds hereafter issued by the City pursuant to the terms of this Ordinance which are equal in lien to the 2013 Bonds, including all such bonds issued pursuant to Section 13 and refunding bonds issued pursuant to Section 14. (c) the term "Average Annual Debt Service Requirements" shall mean that number computed by adding all of the principal and interest due when computed to the absolute maturity of the bonds for which such computation is required and dividing by the number of years remaining that the longest bond of any issue for which such computation is required has to run to maturity. In making such computation, the principal of any bonds for which mandatory redemptions are scheduled shall be treated as maturing in accordance with such schedule of mandatory redemptions. (d) the term "Deposit Securities" shall mean obligations of the United States of America, direct or unconditionally guaranteed, including any such obligations issued in book entry form. (e) the term "Net Revenues" shall mean the Revenues derived by the City from the ownership or operation of the Sewer System, including investment income, but not including any income from the sale or other disposition of any property belonging to or forming a part of the Sewer System, less the ordinary expenses for operating and maintaining the Sewer System payable from the Operation and Maintenance Account described in Section 11 of this Ordinance. Operation and Maintenance expenses for purposes of determining "Net Revenues" shall not include depreciation, amortization of financing expenses or interest on any bonds or other indebtedness. Net Revenues for all purposes of this Ordinance shall be shown by an audit for the fiscal year in question as conducted by an independent certified public accountant or firm of such accountants. Grand Island Council Session - 8/13/2013 Page 58 / 401 ORDINANCE NO. 9434 (Cont.) 3 (g) the term "Paying Agent and Registrar" shall mean the paying agent and registrar appointed to act as paying agent and registrar for the 2013 Bonds pursuant to Section 4 hereof, or any successor thereto. Section 3. For the purposes described in Section 1 of this ordinance, there shall be and there are hereby ordered issued negotiable bonds of the City of Grand Island, Nebraska, to be designated as "Sewer System Revenue and Refunding Bonds, Series 2013" (the "2013 Bonds") in the aggregate stated principal amount not to exceed Forty Million Dollars ($40,000,000), with said bonds to become due in such amounts, on such dates and bear interest at such rates per annum as shall be determined in a written designation (separately or as part of the Bond Purchase Agreement referred to in Section 9 hereof, the “Designation”) signed by the Mayor or the City Treasurer (the “Authorized Officers”) on behalf of the City and which may be agreed to by the Underwriter (as defined herein), which Designation may also determine the principal amount for each maturity of the Bonds, optional and mandatory redemption provisions (if any) and pricing terms as set forth herein and other matters not specifically set forth herein, all within the following limitations: (a)the aggregate principal amount of the Bonds shall not exceed $40,000,000 but may be reduced in principal amount; (b)the true interest cost of the Bonds shall not exceed 5.25%; (c)the longest maturity of the Bonds may not be later than September 15, 2038; (d)two or more of the principal maturities may be combined and issued as “term bonds” and the Authorized Officers may determine the mandatory sinking fund payments and mandatory redemption amounts. Any Bonds issued as “term bonds” shall be redeemed at a redemption price equal to 100% of the principal amount thereof plus accrued interest thereon to the date of redemption and may be selected for redemption by any random method of selection determined appropriate by the Paying Agent and Registrar (as hereinafter designated) or by the Depository (as hereinafter designated). The Authorized Officers are hereby authorized to make such determinations on behalf of the City and to evidence the same by execution and delivery of the Designation and such determinations, when made and agreed to by the Underwriter, shall constitute the action of the without further action of them Mayor and City Council. The 2013 Bonds shall be issued in fully registered form in the denomination of $5,000 or any integral multiple thereof. The date of original issue for the 2013 Bonds shall be the date of delivery Grand Island Council Session - 8/13/2013 Page 59 / 401 ORDINANCE NO. 9434 (Cont.) 4 thereof. Interest on the 2013 Bonds, at the respective rates for each maturity, shall be payable on March 15, 2014, and semiannually thereafter on September 15 and March 15 of each year (or such other dates as determined in the Designation, an "Interest Payment Date"), and the 2013 Bonds shall bear such interest from the date of original issue or the most recent Interest Payment Date, whichever is later. Interest shall be computed on the basis of a 360-day year consisting of twelve 30-day months. The interest due on each Interest Payment Date shall be payable to the registered owners of record as of the last day of the calendar month immediately preceding the calendar month in which the Interest Payment Date occurs (or such other date as determined in the Designation, the "Record Date"), subject to the provisions of Section 5 hereof. The 2013 Bonds shall be numbered from 1 upwards in the order of their issuance. No 2013 Bond shall be issued originally or upon transfer or partial redemption having more than one principal maturity. The initial bond numbering and principal amounts for each of the 2013 Bonds issued shall be as designated by the City Treasurer as directed by the Underwriter (as defined herein). Payments of interest due on the 2013 Bonds prior to maturity or earlier redemption shall be made by the Paying Agent and Registrar as designated pursuant to Section 4 hereof, by mailing a check or draft in the amount due for such interest on each Interest Payment Date to the registered owner of each 2013 Bond, as of the Record Date for such Interest Payment Date, to such owner's registered address as shown on the books of registration as required to be maintained in Section 4 hereof. Payments of principal due at maturity or at any date fixed for redemption prior to maturity together with any unpaid interest accrued thereon shall be made by said Paying Agent and Registrar to the registered owners upon presentation and surrender of the 2013 Bonds to the Paying Agent and Registrar. The City and the Paying Agent and Registrar may treat the registered owner of any 2013 Bond as the absolute owner of such 2013 Bond for the purpose of making payments thereon and for all other purposes and neither the City nor the Paying Agent and Registrar shall be affected by any notice or knowledge to the contrary, whether such 2013 Bond or any installment of interest due thereon shall be overdue or not. All payments on account of interest or principal made to the registered owner of any 2013 Bond in accordance with the terms of this Ordinance Grand Island Council Session - 8/13/2013 Page 60 / 401 ORDINANCE NO. 9434 (Cont.) 5 shall be valid and effectual and shall be a discharge of the City and the Paying Agent and Registrar, in respect of the liability upon the 2013 Bonds or claims for interest to the extent of the sum or sums so paid. Section 4. Wells Fargo Bank, National Association (or such other institution as shall be set forth in the Designation) is hereby designated as Paying Agent and Registrar for the 2013 Bonds. Said Paying Agent and Registrar shall serve in such capacities under the terms of an agreement entitled "Paying Agent and Registrar's Agreement" between the City and said Paying Agent and Registrar, in substantially the form presented in connection with the adoption of the Ordinance, which form is hereby approved. The Mayor and City Clerk are each hereby authorized to execute the Paying Agent and Registrar’s Agreement on behalf of the City in the form presented or with such changes, modifications and completions as such officers shall deem appropriate on behalf of the City. The Paying Agent and Registrar shall keep and maintain for the City books for the registration and transfer of the 2013 Bonds at its principal corporate trust office. The names and registered addresses of the registered owner or owners of the 2013 Bonds shall at all times be recorded in such books. Any 2013 Bond may be transferred pursuant to its provisions at the principal corporate trust office of said Paying Agent and Registrar by surrender of such bond for cancellation, accompanied by a written instrument of transfer, in form satisfactory to said Paying Agent and Registrar, duly executed by the registered owner in person or by such owner's duly authorized agent, and thereupon the Paying Agent and Registrar on behalf of the City will deliver at its office (or send by registered mail to the transferee owner or owners thereof at such transferee owner's or owners' risk and expense), registered in the name of such transferee owner or owners, a new 2013 Bond or 2013 Bonds of the same interest rate, aggregate principal amount and maturity. To the extent of the denominations authorized for the 2013 Bonds by this Ordinance, one 2013 Bond may be transferred for several such 2013 Bonds of the same interest rate and maturity, and for a like aggregate principal amount, and several such 2013 Bonds may be transferred for one or several such 2013 Bonds, respectively, of the same interest rate and maturity and for a like aggregate principal amount. In every case of transfer of a 2013 Bond, the surrendered 2013 Bond or 2013 Bonds shall be canceled and destroyed. All 2013 Bonds issued upon transfer of the 2013 Bonds so surrendered shall be valid obligations of the City evidencing the same Grand Island Council Session - 8/13/2013 Page 61 / 401 ORDINANCE NO. 9434 (Cont.) 6 obligations as the 2013 Bonds surrendered and shall be entitled to all the benefits and protection of this Ordinance to the same extent as the 2013 Bonds upon transfer of which they were delivered. The City and said Paying Agent and Registrar shall not be required to transfer any 2013 Bond during any period from any Record Date until its immediately following Interest Payment Date or to transfer any 2013 Bond called for redemption for a period of 30 days next preceding the date fixed for redemption. Section 5. In the event that payments of interest due on the 2013 Bonds on an Interest Payment Date are not timely made, such interest shall cease to be payable to the registered owners as of the Record Date for such Interest Payment Date and shall be payable to the registered owners of the 2013 Bonds as of a special date of record for payment of such defaulted interest as shall be designated by the Paying Agent and Registrar whenever monies for the purpose of paying such defaulted interest become available. Section 6. The 2013 Bonds which are subject to mandatory sinking fund redemption as may be determined in the Designation, shall be redeemed at a redemption price equal to 100% of the principal amount thereof and accrued interest to the redemption date, and in the principal amounts, as may be determined in the Designation. The 2013 Bonds shall be subject to redemption, in whole or in part, prior to maturity at any time on or after the tenth anniversary of the date of delivery thereof, or at any time thereafter (or such other date or dates as determined in the Designation), at the principal amount thereof (or such other redemption price as determined in the Designation) together with accrued interest on the principal amount redeemed to the date fixed for redemption. Such optional redemption shall be made from time to time as shall be directed by the Mayor and Council of the City. The City may select the 2013 Bonds for optional redemption in its sole discretion. The 2013 Bonds shall be redeemed only in amounts of $5,000 or integral multiples thereof. Any 2013 Bond redeemed in part only shall be surrendered to said Paying Agent and Registrar in exchange for a new 2013 Bond evidencing the unredeemed principal thereof. Notice of redemption of any 2013 Bond called for redemption shall be given at the direction of the City (except in the case of term bonds) by said Paying Agent and Registrar by mail not less than 30 days prior to the date fixed for redemption, first class, postage prepaid, sent to the registered owner of such 2013 Grand Island Council Session - 8/13/2013 Page 62 / 401 ORDINANCE NO. 9434 (Cont.) 7 Bond at said owner's registered address. Such notice shall designate the 2013 Bond or 2013 Bonds to be redeemed by maturity or otherwise, the date of original issue and the date fixed for redemption and shall state that such 2013 Bond or 2013 Bonds are to be presented for prepayment at the principal corporate trust office of said Paying Agent and Registrar. In case of any 2013 Bond partially redeemed, such notice shall specify the portion of the principal amount of such bond to be redeemed. No defect in the mailing of notice for any 2013 Bond shall affect the sufficiency of the proceedings of the City designating the 2013 Bonds called for redemption or the effectiveness of such call for 2013 Bonds for which notice by mail has been properly given and the City shall have the right to further direct notice of redemption for any such 2013 Bond for which defective notice has been given. Section 7. If the date for payment of the principal of or interest on the 2013 Bonds shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent and Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. Section 8. The 2013 Bonds shall be in substantially the following form: Grand Island Council Session - 8/13/2013 Page 63 / 401 ORDINANCE NO. 9434 (Cont.) 8 UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF HALL CITY OF GRAND ISLAND SEWER SYSTEM REVENUE AND REFUNDING BOND SERIES 2013 No. R-$___________ Interest Rate Maturity Date Date of Original Issue CUSIP NUMBER _____%September 15, ______________, 2013 Registered Owner: CEDE & CO. Principal Amount: DOLLARS KNOW ALL PERSONS BY THESE PRESENTS: That the City of Grand Island, in the County of Hall, in the State of Nebraska (the “City”), hereby acknowledges itself to owe and for value received promises to pay, but only from the special sources hereinafter described, to the registered owner specified above, or registered assigns, the principal amount specified above in lawful money of the United States of America on the date of maturity specified above with interest thereon to maturity (or earlier redemption) from the date of original issue or most recent Interest Payment Date, whichever is later, at the rate per annum specified above, payable March 15, 2014, and semiannually thereafter on September 15 and March 15 of each year (each, an "Interest Payment Date"). Such interest shall be computed on the basis of a 360-day year consisting of twelve 30 day months. The principal of this bond together with interest thereon unpaid and accrued at maturity (or earlier redemption) is payable upon presentation and surrender of this bond at the principal corporate trust office of Wells Fargo Bank, National Association, as Paying Agent and Registrar, in Minneapolis, Minnesota. Interest on this bond due prior to maturity or earlier redemption will be paid on each Interest Payment Date by a check or draft mailed by the Paying Agent and Registrar to the registered owner of this bond, as shown on the books of record maintained by the Paying Agent and Registrar, at the close of business on the last day of the month immediately preceding the month in which the Interest Payment Date occurs, to such owner's address as shown on such books and records. Any interest not so timely paid shall cease to be payable to the person entitled thereto as of the record date such interest was payable, and shall be payable to the person who is the registered owner of this bond (or of one or more predecessor bonds hereto) on such special record date for payment of such defaulted interest as shall be fixed by the Paying Agent and Registrar whenever monies for such purpose become available. This bond is one of an issue of fully registered bonds of the total principal amount of __________________________ Dollars ($_______________) of even date and like tenor, except as of the date of maturity, rate of interest and denomination, (the "Series 2013 Bonds") which were issued by the City for the purposes of (a) refunding the City’s outstanding Revenue and Refunding Bonds, Series 2003, in the aggregate principal amount outstanding of $1,420,000, (b) paying costs of constructing improvements to the City's Sewer System (as defined below), (c) funding a portion of the debt service reserve sub-account for the bonds and (d) paying costs of issuance and is issued pursuant to the terms of Grand Island Council Session - 8/13/2013 Page 64 / 401 ORDINANCE NO. 9434 (Cont.) 9 an ordinance (the "Ordinance") passed and approved by the Mayor and Council of the City in accordance with and under the provisions of Sections 10-142 and 18-1803 to 18-1805, R.R.S. Neb. 2012. Any or all of the bonds of said issue maturing on or after _________, 20__, are subject to redemption at the option of the City, in whole or in part, on ___________, 20__, or at any time thereafter, at par together with accrued interest on the principal amount redeemed to the date fixed for redemption. Such optional redemption shall be made from time to time as shall be directed by the Mayor and Council of the City. The City may select the Series 2013 Bonds for optional redemption in its sole discretion. Notice of redemption shall be given by mail to the registered owner of any Series 2013 Bond called for redemption in the manner specified in the Ordinance authorizing said issue of bonds. Individual bonds may be redeemed in part but only in the amount of $5,000 or integral multiples thereof. This bond is transferable by the registered owner or such owner's attorney duly authorized in writing at the principal corporate trust office of the Paying Agent and Registrar upon surrender and cancellation of this bond, and thereupon a new bond or bonds of the same aggregate principal amount, interest rate and maturity will be issued to the transferee as provided in the Ordinance, subject to the limitations therein prescribed. The City, the Paying Agent and Registrar and any other person may treat the person in whose name this bond is registered as the absolute owner hereof for the purpose of receiving payment due hereunder and for all other purposes and shall not be affected by any notice to the contrary, whether this bond be overdue or not. If the day for payment of the principal of or interest on this bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent and Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. The Revenues (as such term is defined in the Ordinance) of the wastewater treatment plant and sanitary sewer system of the City of Grand Island, Nebraska, including all improvements and additions thereto hereafter constructed or acquired, (the "Sewer System") are pledged and hypothecated by the City for the payment of this bond and the other Series 2013 Bonds and for the payment of any additional bonds of equal priority issued in accordance with the terms of the Ordinance. The Series 2013 Bonds are a lien only upon said Revenues and are not general obligations of the City of Grand Island, Nebraska. The Ordinance sets forth the covenants and obligations of the City with respect to the Sewer System and the applications of the Revenues thereof, which Revenues under the terms of the Ordinance are required to be deposited to the "Grand Island Sewer System Fund" (as previously established) and disbursed to pay costs of operation and maintenance of the Sewer System, make payments of principal and interest on the Series 2013 Bonds and any additional bonds of equal priority with the Series 2013 Bonds and other payments as specified in the Ordinance. The Ordinance also designates the terms and conditions under which additional bonds of equal priority with the Series 2013 Bonds may be issued. The Ordinance also designates the terms and conditions upon which this bond shall cease to be entitled to any lien, benefit or security under the Ordinance and all covenants, agreements and obligations of the City under the Ordinance may be discharged and satisfied at or prior to the maturity or redemption of this bond if monies or certain specified securities shall have been deposited with a trustee bank. In the Ordinance the City also reserves the right to issue bonds or notes junior in lien to the Series 2013 Bonds and any additional bonds of equal priority to the Series 2013 Bonds, the principal and interest of which shall be payable from monies in the "Surplus Account" of the Grand Island Sewer System Fund as described in the Ordinance. Grand Island Council Session - 8/13/2013 Page 65 / 401 ORDINANCE NO. 9434 (Cont.) 10 IT IS HEREBY CERTIFIED AND WARRANTED that all conditions, acts and things required by law to exist or to be done precedent to and in the issuance of this bond did exist, did happen and were done and performed in regular and due form and time as provided by law. AS PROVIDED IN THE ORDINANCE REFERRED TO HEREIN, UNTIL THE TERMINATION OF THE SYSTEM OF BOOK-ENTRY-ONLY TRANSFERS THROUGH THE DEPOSITORY TRUST COMPANY, NEW YORK, NEW YORK (TOGETHER WITH ANY SUCCESSOR SECURITIES DEPOSITORY APPOINTED PURSUANT TO THE ORDINANCE, "DTC"), AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THE ORDINANCE TO THE CONTRARY, A PORTION OF THE PRINCIPAL AMOUNT OF THIS BOND MAY BE PAID OR REDEEMED WITHOUT SURRENDER HEREOF TO THE PAYING AGENT AND REGISTRAR. DTC OR A NOMINEE, TRANSFEREE OR ASSIGNEE OF DTC OF THIS BOND MAY NOT RELY UPON THE PRINCIPAL AMOUNT INDICATED HEREON AS THE PRINCIPAL AMOUNT HEREOF OUTSTANDING AND UNPAID. THE PRINCIPAL AMOUNT HEREOF OUTSTANDING AND UNPAID SHALL FOR ALL PURPOSES BE THE AMOUNT DETERMINED IN THE MANNER PROVIDED IN THE ORDINANCE. UNLESS THIS BOND IS PRESENTED BY AN AUTHORIZED OFFICER OF DTC (A) TO THE PAYING AGENT AND REGISTRAR FOR REGISTRATION OF TRANSFER OR EXCHANGE OR (B) TO THE PAYING AGENT AND REGISTRAR FOR PAYMENT OF PRINCIPAL, AND ANY BOND ISSUED IN REPLACEMENT HEREOF OR SUBSTITUTION HEREOF IS REGISTERED IN THE NAME OF DTC AND ANY PAYMENT IS MADE TO DTC OR ITS NOMINEE, ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSONS IS WRONGFUL BECAUSE ONLY THE REGISTERED OWNER HEREOF, DTC OR ITS NOMINEE, HAS AN INTEREST HEREIN. This bond shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. IN WITNESS WHEREOF, the Mayor and Council of the City of Grand Island, Nebraska, have caused this bond to be executed on behalf of the City with the facsimile signatures of the Mayor and City Clerk of the City and by causing the official seal of the City to be impressed or imprinted hereon (which may be a facsimile seal), all as of the Date of Original Issue shown above. CITY OF GRAND ISLAND, NEBRASKA [SEAL] ____(facsimile signature)_____________ Mayor ATTEST: _____(facsimile signature)_____ City Clerk Grand Island Council Session - 8/13/2013 Page 66 / 401 ORDINANCE NO. 9434 (Cont.) 11 CERTIFICATE OF AUTHENTICATION This bond is one of the bonds authorized by Ordinance passed and approved by the Mayor and Council of the City of Grand Island, Nebraska, as described in said bond. _____________________________________________, _______________, _____________________ Paying Agent and Registrar __________________________________________ Authorized Signature BOND INSURANCE LEGEND Financial Security Assurance Inc. ("Financial Security"), New York, New York, has delivered its municipal bond insurance policy with respect to the scheduled payments due of principal of and interest on this Bond to Wells Fargo Bank Nebraska, National Association, of Lincoln, Nebraska, or its successor, as paying agent for the Bonds (the "Paying Agent"). Said Policy is on file and available for inspection at the principal office of the Paying Agent and a copy thereof may be obtained from Financial Security or the Paying Agent. (FORM OF ASSIGNMENT) For value received ___________________________________ hereby sells, assigns, and transfers unto ____________________________________ the within bond and hereby irrevocably constitutes and appoints ______________________________, Attorney, to transfer the same on the books of registration in the office of the within mentioned Paying Agent and Registrar with full power of substitution in the premises. Date: _____________________________________ __________________________________________ __________________________________________ Registered Owner Signature Guaranteed By ___________________________________ ___________________________________ Authorized Officer Note: The signature(s) on this assignment MUST CORRESPOND with the name(s) as written on the face of the within bond in every particular, without alteration, enlargement or any change whatsoever, and must be guaranteed by a commercial bank or a trust company or by a firm having membership on the New York, Chicago or other stock exchange. Grand Island Council Session - 8/13/2013 Page 67 / 401 ORDINANCE NO. 9434 (Cont.) 12 Section 9. Each of the 2013 Bonds shall be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk and shall have imprinted thereon the City's seal (which may be a facsimile seal). The 2013 Bonds shall be issued initially as "book-entry-only" bonds under the services of The Depository Trust Company (the "Depository"), with one typewritten bond per maturity being issued to the Depository. In such connection said officers of the City are authorized to execute and deliver a Letter of Representations (the "Letter of Representations") in the form required by the Depository (which may be in the form of a blanket letter, including any such letter previously executed and delivered), for and on behalf of the City, which shall thereafter govern matters with respect to registration, transfer, payment and redemption of the 2013 Bonds. With respect to the issuance of the 2013 Bonds as "book-entry-only" bonds, the following provisions shall apply: (a) The City and the Paying Agent and Registrar shall have no responsibility or obligation to any broker-dealer, bank or other financial institution for which the Depository holds 2013 Bonds as securities depository (each, a "Bond Participant") or to any person who is an actual purchaser of a 2013 Bond from a Bond Participant while the 2013 Bonds are in book-entry form (each, a "Beneficial Owner") with respect to the following: (i) the accuracy of the records of the Depository, any nominees of the Depository or any Bond Participant with respect to any ownership interest in the 2013 Bonds, (ii) the delivery to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any notice with respect to the 2013 Bonds, including any notice of redemption, or (iii) the payment to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the 2013 Bonds. The Paying Agent and Registrar shall make payments with respect to the 2013 Bonds only to or upon the order of the Depository or its nominee, and all such payments shall be valid and effective fully to satisfy and discharge the obligations with respect to such 2013 Bonds to the extent of the sum or sums so paid. No person other than the Depository shall receive an authenticated Bond, except as provided in (e) below. (b) Upon receipt by the Paying Agent and Registrar of written notice from the Depository to the effect that the Depository is unable or unwilling to discharge its responsibilities, the Paying Agent and Registrar shall issue, transfer and exchange 2013 Bonds requested by the Depository in appropriate amounts. Whenever the Depository requests the Paying Agent and Registrar to do so, the Paying Agent and Registrar will cooperate with the Depository in taking appropriate action after reasonable notice (i) to arrange, with the prior written consent of the City, for a Grand Island Council Session - 8/13/2013 Page 68 / 401 ORDINANCE NO. 9434 (Cont.) 13 substitute depository willing and able upon reasonable and customary terms to maintain custody of the 2013 Bonds or (ii) to make available 2013 Bonds registered in whatever name or names as the Beneficial Owners transferring or exchanging such 2013 Bonds shall designate. (c) If the City determines that it is desirable that certificates representing the 2013 Bonds be delivered to the ultimate beneficial owners of the 2013 Bonds and so notifies the Paying Agent and Registrar in writing, the Paying Agent and Registrar shall so notify the Depository, whereupon the Depository will notify the Bond Participants of the availability through the Depository of bond certificates representing the 2013 Bonds. In such event, the Paying Agent and Registrar shall issue, transfer and exchange bond certificates representing the 2013 Bonds as requested by the Depository in appropriate amounts and in authorized denominations. (d) Notwithstanding any other provision of this Ordinance to the contrary, so long as any 2013 Bond is registered in the name of the Depository or any nominee thereof, all payments with respect to such 2013 Bond and all notices with respect to such 2013 Bond shall be made and given, respectively, to the Depository as provided in the Letter of Representations. (e) Registered ownership of the 2013 Bonds may be transferred on the books of registration maintained by the Paying Agent and Registrar, and the 2013 Bonds may be delivered in physical form to the following: (i) any successor securities depository or its nominee; (ii) any person, upon (A) the resignation of the Depository from its functions as depository or (B) termination of the use of the Depository pursuant to this Section and the terms of the Paying Agent and Registrar's Agreement. (f) In the event of any partial redemption of a 2013 Bond unless and until such partially redeemed bond has been replaced in accordance with the provisions of this Ordinance, the books and records of the Paying Agent and Registrar shall govern and establish the principal amount of such bond as is then outstanding and all of the 2013 Bonds issued to the Depository or its nominee shall contain a legend to such effect. If for any reason the Depository resigns and is not replaced, or upon termination by the City of book- entry-only form, the City shall immediately provide a supply of printed bond certificates for issuance upon the transfers from the Depository and subsequent transfers or in the event of partial redemption. In the event that such supply of certificates shall be insufficient to meet the requirements of the Paying Agent and Registrar for issuance of replacement bond certificates upon transfer or partial redemption, the City agrees to order printed an additional supply of bond certificates and to direct their execution by manual or facsimile signatures of its then duly qualified and acting officers. In case any officer whose signature or facsimile thereof shall appear on any 2013 Bond shall cease to be such officer before the delivery of such bond (including such certificates delivered to the Paying Agent and Registrar for Grand Island Council Session - 8/13/2013 Page 69 / 401 ORDINANCE NO. 9434 (Cont.) 14 issuance upon transfer or partial redemption), such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if such officer or officers had remained in office until the delivery of the 2013 Bond. The 2013 Bonds shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. The 2013 Bonds shall be delivered to the Paying Agent and Registrar for registration and authentication. Upon execution, registration, and authentication of the 2013 Bonds, they shall be delivered to the City Treasurer, acting on behalf of the City, who is authorized to deliver them to Ameritas Investment Corp., as initial purchaser thereof (the “Underwriter”). The Mayor and City Treasurer are each hereby authorized to execute and deliver a Bond Purchase Agreement for and on behalf of the City, which may include the Designation pursuant to Section 3 hereof. The Underwriter shall have the right to direct the registration of the 2013 Bonds and the denominations thereof within each maturity, subject to the restrictions of this Ordinance. The City Clerk shall make and certify a transcript of the proceedings of the Mayor and Council with respect to the 2013 Bonds which shall be delivered to the Underwriter. The City Treasurer shall maintain a record of information with respect to the 2013 Bonds in accordance with the requirements of Section 10-140, R.R.S. Neb. 2012, as amended, and shall cause the same to be filed in the Office of the Auditor of Public Accounts of the State of Nebraska. Section 10. The proceeds of the 2013 Bonds herein authorized may be applied to: (a) refunding the Refunded Bonds; (b) payment of costs of construction and acquisition of the 2013 Project; (c) funding a portion of the 2013 sub-account in the Debt Service Reserve Account; and (d) paying the costs of issuance of the 2013 Bonds. Accrued interest, if any, received upon closing of the 2013 Bonds shall be applied to pay interest next falling due on the 2013 Bonds and shall be credited to the Bond Payment Account as described in Section 11 hereof. A portion of the proceeds of the 2013 Bonds is to be deposited to a separate construction account of the City which is hereby established and designated as the "2013 Project Construction Fund" to be applied to pay costs of the 2013 Project and a portion of the proceeds of the 2013 Bonds shall be deposited to the sub-account for the 2013 Bonds in the Debt Service Reserve Account as described in Section 11 below. Grand Island Council Session - 8/13/2013 Page 70 / 401 ORDINANCE NO. 9434 (Cont.) 15 Section 11. The Revenues of the Sewer System are hereby pledged and hypothecated for the payment of the 2013 Bonds and any Additional Bonds as authorized by this Ordinance and interest on such 2013 Bonds and Additional Bonds and the City does hereby agree with the holders of the 2013 Bonds and Additional Bonds as follows: (a)GRAND ISLAND SEWER SYSTEM FUND - The entire gross Revenues derived from the operation of the Sewer System shall be set aside as collected and deposited in a separate fund which has been previously created and designated as the "Grand Island Sewer System Fund." For purposes of allocating the monies in the Grand Island Sewer System Fund, the City shall maintain the following accounts: (1) Operation and Maintenance Account; (2) Bond Payment Account; (3) Debt Service Reserve Account; and (4) Surplus Account. (b)OPERATION AND MAINTENANCE ACCOUNT - Out of the Grand Island Sewer System Fund there shall be monthly credited into the Operation and Maintenance Account such amounts as the City shall from time to time determine to be necessary to pay the reasonable and necessary expenses of operating and maintaining the Sewer System, and the City may withdraw funds credited to the Operation and Maintenance Account as necessary from time to time to pay such expenses. (c)BOND PAYMENT ACCOUNT - Out of the Grand Island Sewer System Fund there shall be credited monthly on or before the first day of each month to the Bond Payment Account, starting with the month of October, 2013, the following amounts (or such other amounts on such dates as set forth in the Designation to conform to the final maturities and interest payment dates): (1)Beginning October 1, 2013, and continuing for the period from October 1, 2013 so long as the 2013 Bonds remain outstanding, an amount equal to 1/6 of the next maturing semiannual interest payment on the 2013 Bonds; and (2)For the period from and including October 1, 2013, and continuing so long as the 2013 Bonds remain outstanding an amount equal to 1/12 of the next maturing principal payment on the 2013 Bonds. The City Treasurer is hereby authorized and directed, without further authorization, to withdraw monies credited to the Bond Payment Account, or if the monies in such Account are insufficient, then from the Debt Service Reserve Account and next from the Surplus Account, in an amount sufficient to pay, when due, the principal of and interest on the 2013 Bonds or any Additional Bonds and to transfer such amounts due to the Paying Agent and Registrar (or other paying agent for any Additional Bonds, as applicable) at least five (5) business days before each principal and interest payment date. Upon the issuance of any Additional Bonds pursuant to this Ordinance appropriate additional credits to the Bond Payment Account shall be provided for sufficient to pay principal and interest on said Additional Bonds. (d)DEBT SERVICE RESERVE ACCOUNT - The City agrees that it shall deposit an amount to be determined pursuant to Section 3 hereof (consisting of a portion of proceeds of the 2013 Bonds) as the amount required to be maintained attributable to the 2013 Bonds in a Grand Island Council Session - 8/13/2013 Page 71 / 401 ORDINANCE NO. 9434 (Cont.) 16 separate sub-account which is hereby established for the 2013 Bonds in the Debt Service Reserve Account. Monies credited to the Debt Service Reserve Account may be withdrawn, but only from the designated sub-account for a specific issue, as needed, to provide funds to pay, when due, the principal of and interest on the 2013 Bonds and any Additional Bonds issued pursuant to this Ordinance, as the case may be, if the Bond Payment Account contains insufficient funds for that purpose, and the City Treasurer is hereby authorized and directed to make such withdrawal if and when needed. In the event of a withdrawal from the Debt Service Reserve Account, there shall be credited to the Debt Service Reserve Account in the month following such withdrawal all monies in the Grand Island Sewer System Fund remaining after making the payments required to be made in such month to the Operation and Maintenance Account and Bond Payment Account and each month thereafter all such remaining monies shall be credited to the Debt Service Reserve Account until such account has been restored to the required balance. Upon the issuance of any Additional Bonds, the amount required to be accumulated and maintained in the Debt Service Reserve Account, in a separate sub-account for such Additional Bonds, shall be set at an amount determined appropriate by the Mayor and Council in connection with any such issue of Additional Bonds (which may be $-0-). Any such required increase shall be provided for either by credit made from bond proceeds or current funds of the Sewer System then available or by equal monthly credits from the Grand Island Sewer System Fund made in such amounts so that the required amount shall be accumulated in a period of not more than five years. Each sub- account in the Debt Service Reserve Account shall be held solely for the specific issue for which it is established. In the event of withdrawal from any such sub-account which results in the amount in such sub-account being deficient to meet the required balance, available amounts for restoring sub-account balances shall be credited to each deficient sub-account on a pro rata basis in accordance with the respective outstanding principal amounts for those issues for which the respective sub-accounts are then deficient. When the 2013 Bonds or any issue of Additional Bonds for which a sub-account has been established is no longer outstanding, the particular sub- account for such issue shall no longer be required to be maintained. Anything in this subsection 11(d) to the contrary notwithstanding, the amount required to be maintained in the Debt Service Reserve Account with respect to the 2013 Bonds or any issue of Additional Bonds shall not at any time exceed the maximum amount permitted to be invested without yield restriction under Sections 103(b) and 148 of the Internal Revenue Code of 1986, as amended, and applicable regulations of the United States Treasury Department. (e)SURPLUS ACCOUNT - Monies from the Grand Island Sewer System Fund remaining after the credits required in the foregoing Subsections 11(b), 11(c) and 11(d) shall be credited to the Surplus Account. Monies in the Surplus Account may be used to make up any deficiencies in the preceding Accounts, to retire any of the 2013 Bonds or any Additional Bonds prior to their maturity, to pay principal of and interest on any junior lien indebtedness incurred with respect to the Sewer System, to provide for replacements or improvements for the Sewer System, to provide for in lieu of tax payments in an amount not to exceed 1% of the gross revenues of the Sewer System in any fiscal year (as and to the extent permitted by law), or to provide for any other purpose related to the Sewer System. The provisions of this Section shall require the City to maintain a set of books and records in accordance with such accounting methods and procedures as are generally applicable to a municipal utility enterprise, which books and records shall show credits to and expenditures from the several Accounts required by this Section. Monies credited to the Grand Island Sewer System Fund or any of the Accounts therein as Grand Island Council Session - 8/13/2013 Page 72 / 401 ORDINANCE NO. 9434 (Cont.) 17 established by this Ordinance shall be deposited or invested separate and apart from other City funds. Except as specified below for the Debt Service Reserve Account, the City shall not be required to establish separate bank or investment accounts for the Accounts described in Subsection 11(b), 11(c), 11(d) and 11(e). Monies credited to the Debt Service Reserve Account (or any sub-account therein) shall, if maintained in a demand or time deposit account, be kept in a separate account and not commingled with other Sewer System funds or accounts. If invested, monies credited to the Debt Service Reserve Account (or any sub-account therein) may be commingled with other Sewer System funds or accounts so long as the City maintains books and records clearly identifying the specific investments, or portions thereof, which belong to the Debt Service Reserve Account (or any sub-account therein). Monies in any of said Accounts except the Debt Service Reserve Account may be invested in investments permissible for a city of the first class. Monies in the Debt Service Reserve Account (or any sub-account therein) may be invested in Deposit Securities or bank depository accounts or certificates of deposit which are either fully insured or fully collateralized as provided by law for investments of funds of Cities of the First Class. Monies invested from the Debt Service Reserve Account shall be invested to mature in not more than five years. Investments held for the Debt Service Reserve Account will be valued at cost for purposes of determining compliance with the requirements of this Ordinance as to the amount required to be maintained in the Debt Service Reserve Account or any sub-account therein. Income from or profit realized from investments for any Account or any sub-account shall be credited to such Account or sub-account until such Account or sub-account contains any amount then required to be therein, and thereafter such income or profit shall be transferred to the Grand Island Sewer System Fund and treated as other revenues from the operation of the Sewer System. The ordinance authorizing any series of Additional Bonds for which a debt service reserve sub-account is to be established may establish different terms for investment related to such sub-account. The pledge of the Revenues of the Sewer System provided for in this Ordinance for the 2013 Bonds, subject to the right of the City to issue Additional Bonds as provided in this Ordinance, is intended as a first and prior pledge of, lien on and security interest in such Revenues for the payment of Grand Island Council Session - 8/13/2013 Page 73 / 401 ORDINANCE NO. 9434 (Cont.) 18 principal and interest of the 2013 Bonds, superior to any pledge or promise made with respect to any other indebtedness of the City as to its Sewer System, and is intended to be a full exercise of the powers of the City provided for in Sections 18-1803 to 18-1805 with respect to its Sewer System. Section 12. So long as any of the 2013 Bonds and any Additional Bonds issued pursuant to this Ordinance shall remain outstanding and unpaid, the City covenants and agrees to establish, revise, from time to time as necessary, and collect such rates and charges for the service furnished from the Sewer System adequate to produce Revenues sufficient at all times: (a)To provide funds to pay, when due, the principal of and interest on the 2013 Bonds and any Additional Bonds issued pursuant to this Ordinance. (b)To pay all proper and necessary costs of operation and maintenance of the Sewer System and to pay for the necessary and proper repairs, replacements, enlargements, extensions and improvements to the Sewer System. (c)To provide funds sufficient to make the credits into the Accounts and at the times and in the amounts required by Section 11 of this Ordinance. (d)To maintain Net Revenues in each fiscal year adopted by the City for the Sewer System in an amount not less than 1.10 times the total amount of principal paid or payable (exclusive of any principal redeemed prior to maturity other than principal redeemed in accordance with any schedule of mandatory redemptions) and interest falling due during such fiscal year on the 2013 Bonds and any Additional Bonds. Section 13. To provide funds for any purpose related to the Sewer System, the City may issue Additional Bonds, except for Additional Bonds issued for refunding purposes which are governed by Section 14 of this Ordinance, payable from the Revenues having equal priority and on a parity with the 2013 Bonds and any Additional Bonds then outstanding, only upon compliance with the following conditions: (a)Such Additional Bonds shall be issued only pursuant to an ordinance which shall provide for an increase in the monthly credits into the Bond Payment Account in amounts sufficient to pay, when due, the principal of and interest on the 2013 Bonds, any Additional Bonds then outstanding and the proposed Additional Bonds and for any monthly credits to the Debt Service Reserve Account as are required under Subsection 11(d). (b)The City shall have complied with one or the other of the two following requirements: Grand Island Council Session - 8/13/2013 Page 74 / 401 ORDINANCE NO. 9434 (Cont.) 19 (1)The Net Revenues derived by the City from its Sewer System for the fiscal year next preceding the issuance of the Additional Bonds shall have been at least equal to 1.25 times the Average Annual Debt Service Requirements of the 2013 Bonds and any Additional Bonds, all as then outstanding, and of the proposed Additional Bonds; or (2)The City shall have received a projection made by a consulting engineer or firm of consulting engineers, recognized as having experience and expertise in municipal utility systems, projecting that the Net Revenues of the Sewer System in each of the three full fiscal years after the issuance of such Additional Bonds will be at least equal to 1.25 times the Average Annual Debt Service Requirements of the 2013 Bonds and any Additional Bonds, all as then outstanding, and of the proposed Additional Bonds. In making such projection, the consulting engineer shall use as a basis the Net Revenues of the Sewer System during the last fiscal year for which an independent audit has been prepared and shall adjust such Net Revenues as follows: (A) to reflect changes in rates which have gone into effect since the beginning of the year for which the audit was made, (B) to reflect his estimate of the net increase over or net decrease under the Net Revenues of the Sewer System for the year which the audit was made by reason of: (i) changes of amounts payable under existing contracts for service; (ii) additional general income from sales to customers under existing rate schedules for various classes of customers or as such schedules may be revised under a program of changes which has been adopted by the Mayor and Council of the City; (iii) projected revisions in costs for labor, wages, salaries, machinery, equipment, supplies and other operational items; (iv) revisions in the amount of service to be supplied and any related administrative or other costs associated with such increases due to increased supply from the acquisition of any new facility; and (v) such other factors affecting the projections or revenues and expenses as the consulting engineer deems reasonable and proper. Annual debt service on any proposed Additional Bonds to be issued may be estimated by the consulting engineer in projecting Average Annual Debt Service Requirements, but no Additional Bonds shall be issued requiring any annual debt service payment in excess of the amount so estimated by the consulting engineer. The City hereby covenants and agrees that so long as any of the 2013 Bonds and any Additional Bonds are outstanding, it will not issue any bonds or notes payable from the Revenues except in accordance with the provisions of this Ordinance, provided, however, the City reserves the right to issue bonds or notes which are junior in lien to the 2013 Bonds and any such Additional Bonds with the principal and interest on such bonds or notes to be payable from monies credited to the Surplus Account Grand Island Council Session - 8/13/2013 Page 75 / 401 ORDINANCE NO. 9434 (Cont.) 20 as provided in Subsection 11(e). In the event that Additional Bonds are proposed to be issued at a time when the audited financial statements of the City for its Sewer System for the most recently completed fiscal year are not yet available, compliance with the test based upon Net Revenues as set forth in Section 13(b)(1) may be determined with reference to the Net Revenues for the most recent fiscal year for which financial statements have been issued and unaudited financial statements for the most recently completed fiscal year as certified by the City Treasurer, provided that compliance shall be determined to be shown for each such fiscal year. Section 14. The City may issue refunding bonds, which shall qualify as Additional Bonds of equal lien to refund any 2013 Bonds or any Additional Bonds then outstanding, provided, that, if any such 2013 Bonds or Additional Bonds are to remain outstanding after the issuance of such refunding bonds, the principal payments due in any calendar year in which those bonds which are to remain outstanding mature, or in any calendar year prior thereto, shall not be increased over the amount of such principal payments due in such calendar years immediately prior to such refunding. Refunding bonds issued in accordance with this paragraph of this Section 14 may be issued as Additional Bonds of equal lien without compliance with the conditions set forth in Subsection 13(b) of this Ordinance. The City may also issue refunding bonds which shall qualify as Additional Bonds of equal lien to refund any 2013 Bonds or Additional Bonds then outstanding, provided, that, if any 2013 Bonds or Additional Bonds then outstanding are to remain outstanding after the application of the proceeds of the refunding bonds to the payment of the bonds which are to be refunded, such issuance must comply with the Net Revenues test set forth in Subsection 13(b)(1) of this Ordinance and, if the proceeds of such refunding bonds are not to be applied immediately to the satisfaction of the bonds which are to be refunded, then such refunding bonds must provide by their terms that they shall be junior in lien to all 2013 Bonds and any Additional Bonds outstanding at the time of issuance of such refunding bonds until the time of application of their proceeds to the satisfaction of the bonds which are to be refunded. In the event that refunding bonds are proposed to be issued at a time when the audited financial statements of the City for its Sewer System for the most recently completed fiscal year are not yet available, compliance Grand Island Council Session - 8/13/2013 Page 76 / 401 ORDINANCE NO. 9434 (Cont.) 21 with the test based upon Net Revenues as set forth in Section 13(b)(1) may be determined with reference to the Net Revenues for the most recent fiscal year for which financial statements have been issued and unaudited financial statements for the most recently completed fiscal year as certified by the City Treasurer, provided that compliance shall be determined to be shown for each such fiscal year. In computing Average Annual Debt Service Requirements to show compliance with said Net Revenues test for such refunding bonds, all payments of principal and interest due on such refunding bonds from time of their issuance to the time of application of the proceeds of such refunding bonds to the satisfaction of the bonds which are to be refunded shall be excluded from such computation to the extent that such principal and interest are payable from sources other than the Revenues (such as bond proceeds held in escrow or investment earnings thereon) or from monies in the Surplus Account and all payments of principal and interest due on the bonds which are to be refunded from and after the time of such application shall also be excluded. For purposes of this paragraph of this Section 14, the time of application of the proceeds of the refunding bonds to the satisfaction of the bonds which are to be refunded shall be the time of deposit with the paying agent for such bonds which are to be refunded pursuant to Section 10-126, R.R.S. Neb. 2012 (or any successor statutory provision thereto) or the time when such bonds which are to be refunded under the terms of their authorizing ordinance or ordinances are no longer deemed to be outstanding, whichever occurs sooner. Section 15. So long as any 2013 Bonds or Additional Bonds are outstanding, the City hereby covenants and agrees as follows: (a)The City will maintain the Sewer System in good condition and will continuously operate the same in a reasonable and efficient manner, and the City will punctually perform all duties with reference to said system required by the Constitution and statutes of the State of Nebraska, but this covenant shall not prevent the City from discontinuing the use and operation of all or any portion of the Sewer System so long as the Revenues derived from the City's ownership of the properties constituting the Sewer System shall be sufficient to fulfill the City's obligations under Section 12 of this Ordinance. (b)The City will not grant any franchise or right to any person, firm or corporation to own or operate a sewer system in competition with the Sewer System. Grand Island Council Session - 8/13/2013 Page 77 / 401 ORDINANCE NO. 9434 (Cont.) 22 (c)The City will maintain insurance on the property constituting the Sewer System (other than such portions of the system as are not normally insured) against risks customarily carried by similar utilities, but including fire and extended coverage insurance in an amount which would enable the City to repair, restore or replace the property damaged to the extent necessary to make the Sewer System operable in an efficient and proper manner to carry out the City's obligations under this Ordinance. The Mayor and Council shall annually examine the amount of insurance carried with respect to the Sewer System and shall evidence approval of such insurance by resolution. The proceeds of any such insurance received by the City shall be used to repair, replace or restore the property damaged or destroyed to the extent necessary to make the Sewer System operable in an efficient and proper manner, and any amount of insurance proceeds not so used shall be credited to the Surplus Account. In the event of any such insured casualty loss, the City may advance funds to make temporary repairs or provide for an advance on costs of the permanent repair, restoration or replacement from the Operation and Maintenance Account and any such advances shall be repaid from insurance proceeds received. (d)The City will keep proper books, records and accounts separate from all other records and accounts in which complete and correct entries will be made of all transactions relating to the Sewer System. The City will have its operating and financial statements related to the Sewer System audited annually by a certified public accountant or firm of certified public accounts. The City will furnish to the original purchaser of the 2013 Bonds and to the original purchaser or purchasers of each series of Additional Bonds issued hereunder, within four months after the end of each fiscal year of the Sewer System, a copy of the financial statements of the Sewer System and the report thereon of the certified public accountants. (e)The City shall cause each person handling any of the monies in the Grand Island Sewer System Fund to be bonded by an insurance company licensed to do business in Nebraska in an amount or amounts deemed sufficient by the Mayor and Council to cover the amount of money belonging to said system reasonably expected to be in the possession or control of any such person. The amount of such bond or bonds shall be fixed by the Mayor and Council and the costs thereof shall be paid as an operating and maintenance expense from the Operation and Maintenance Account. Section 16. The City's obligations under this Ordinance and the liens, pledges, covenants and agreements of the City herein made or provided for, shall be fully discharged and satisfied as to the 2013 Bonds issued pursuant to this Ordinance and any such bonds shall no longer be deemed outstanding hereunder if such bonds shall have been purchased and cancelled by the City, or when payment of the principal of and interest thereon to the respective date of maturity or redemption (a) shall have been made or caused to be made in accordance with the terms thereof, or (b) shall have been provided for by depositing with the Paying Agent and Registrar, or with a national or state bank having trust powers or trust company, in trust solely for such payment, (i) sufficient money to make such payment and/or Grand Island Council Session - 8/13/2013 Page 78 / 401 ORDINANCE NO. 9434 (Cont.) 23 (ii) Deposit Securities in such amount and bearing interest payable and maturing or redeemable at stated fixed prices at the option of the holder as to principal, at such time or times, as will ensure the availability of sufficient money to make such payment; provided, however, that, with respect to any 2013 Bond to be paid prior to maturity, the City shall have duly given notice of redemption of such bond as provided by law or made irrevocable provisions for the giving of such notice. Any such money so deposited with a bank or trust company or the Paying Agent and Registrar may be invested and reinvested in Deposit Securities and all interest and income from such Deposit Securities in the hands of such bank or trust company or Paying Agent and Registrar, in excess of the amount required to pay principal of and interest on the bonds for which such monies were deposited, shall be paid over to the City as and when collected. Section 17. The terms and provisions of this Ordinance do and shall constitute a contract between the City and the registered owner or owners of the 2013 Bonds and no changes, variations or alterations of any kind, except for changes necessary to cure any ambiguity, formal defect or omission, shall be made to this Ordinance without the written consent of the registered owners of two-thirds (2/3rds) in principal amount of the 2013 Bonds then outstanding, provided, however, that neither the principal and interest to be paid upon any 2013 Bond nor the maturity date of any 2013 Bond shall be changed without the written consent of the registered owners of all such bonds then outstanding. Any registered owner of a 2013 Bond may by mandamus or other appropriate action or proceedings at law or in equity in any court of competent jurisdiction enforce and compel performance of this Ordinance and every provision and covenant hereof, including without limiting the generality of the foregoing, the enforcement of the perfor- mance of all duties required of the City by this Ordinance and the applicable laws of the State of Nebraska, including in such duties the collecting of Revenues and the segregation and application of such Revenues as described in Section 11 of this Ordinance. After any default in payment or other default in performance, the registered owners of the 2013 Bonds or any Additional Bonds shall be entitled to the appointment of a receiver for the Sewer System. Any and all actions brought by any registered owner or owners of the 2013 Bonds or Additional Bonds shall be maintained for the equal and ratable benefit of all registered owners of the 2013 Bonds and Additional Bonds outstanding and no registered owners of any Grand Island Council Session - 8/13/2013 Page 79 / 401 ORDINANCE NO. 9434 (Cont.) 24 of the 2013 Bonds or Additional Bonds shall have any right in any manner whatsoever by any action or proceedings to affect, disturb or prejudice the pledge created by this Ordinance. Section 18. The Mayor and City Clerk and City Treasurer of the City are hereby authorized to do all things and execute all documents as may by them be deemed necessary and proper to complete the issuance and sale of the 2013 Bonds contemplated by this Ordinance. Section 19. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. Section 20. The City hereby ratifies and approves the publication, distribution and use of the Preliminary Official Statement in connection with the offering of the 2013 Bonds substantially in the form presented, but with such changes, if any, therein, as may be approved by the Mayor, City Clerk, City Treasurer or any other officer of the City. The City hereby deems the information contained in the Preliminary Official Statement to be “final” as of its date, except for the omission of such information as is permitted by Rule 15c2-12 under the Securities Exchange Act of 1934, as amended (the “Rule”), such as offering prices, interest rates, selling compensation, aggregate principal amount, principal amount per maturity, delivery dates, ratings and identity of the Underwriter. The City further authorizes and directs the preparation of, and authorizes and directs the execution and delivery by the Mayor, City Clerk, City Treasurer or any other officer of the City of an Official Statement for use in connection with the sale of the 2013 Bonds. Section 21. In accordance with the requirements of the Rule, the City hereby (a) authorizes and directs that an officer of the City (or any one of them) execute and deliver, on the date of issue of the 2013 Bonds, a Continuing Disclosure Undertaking in order for the Underwriter to comply with the Rule, in such form as shall be satisfactory to such officer, and (b) covenants and agrees that it will comply with and carry out all of the provisions of such Continuing Disclosure Undertaking. Notwithstanding any other provision of this Ordinance, failure of the City to comply with any Continuing Disclosure Undertaking shall not be considered an event of default hereunder; however, any Participating Grand Island Council Session - 8/13/2013 Page 80 / 401 ORDINANCE NO. 9434 (Cont.) 25 Underwriter (as such term is defined in the Continuing Disclosure Undertaking) or any Beneficial Owner or any Registered Owner of a 2013 Bond may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the City to comply with its obligations under this Section. Grand Island Council Session - 8/13/2013 Page 81 / 401 Section 22. The City hereby covenants and agrees that it will make no use of the proceeds of the 2013 Bonds which would cause the 2013 Bonds to be arbitrage bonds within the meaning of Sections 103(b)(2) and 148 of the Internal Revenue Code of 1986, as amended (the "Code") and further covenants to comply with said Sections 103(b)(2) and 148 and all applicable regulations thereunder throughout the term of said issue. The City hereby covenants to take all action necessary to preserve the tax-exempt status of the interest on the 2013 Bonds for federal income tax purposes under the Code with respect to taxpayers generally. The City further agrees that it will not take any actions which would cause the 2013 Bonds to constitute "private activity bonds" within the meaning of Section 141 of the Code. Section 23. This Ordinance shall be in force and take effect from and after its passage and approval as provided by law and shall be published in pamphlet form. PASSED AND APPROVED this 13th day of August, 2013. __________________________________________ Mayor ATTEST: ____________________________________ City Clerk Grand Island Council Session - 8/13/2013 Page 82 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item F-2 #9435 - Consideration of Creating Five-Year Downtown Business Improvement District 2013 This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Marco Floreani Grand Island Council Session - 8/13/2013 Page 83 / 401 Approved as to Form ¤ ___________ August 9, 2013 ¤ City Attorney Approved as to Form ¤ ___________ August 9, 2013 ¤ City Attorney Approved as to Form ¤ ___________ August 9, 2013 ¤ City Attorney Approved as to Form ¤ ___________ August 9, 2013 ¤ City Attorney ORDINANCE NO. 9435 An ordinance establishing a business improvement district establishing the purpose of such district; describing the boundaries of such district; establishing that real property in the area will be subject to a special assessment; establishing a method of assessment; providing for a penalty for failure to pay the special assessment; repealing ordinances in conflict herewith; providing for severability; and providing for publication and the effective date of this ordinance. WHEREAS, the Business Improvement Board for Business Improvement District # 8 (hereinafter Downtown Business Improvement District 2013) has recommended that the City of Grand Island create a business improvement district along South Locust from Stolley Park Road to Highway 34 with boundaries in the form hereinafter set forth; and WHEREAS, on June 5, 2013, the Regional Planning Commission recommended approval of the creation of such a business improvement district, WHEREAS, the City Council adopted Resolution 2013-248 on July 23, 2013, which was published on July 26, 2013 in the Grand Island Independent establishing the Intention to Create a business improvement district; and WHEREAS, pursuant to said resolution, a notice of hearing was published and mailed as required by law, and public hearing duly held at 7:00 p.m. on August 13, 2013, in the Council Chambers at City Hall, 100 East First Street, Grand Island, Nebraska, concerning the formation of such districts; 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 of July 23, 2013. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby created and established a business improvement district pursuant to Chapter 19, Article 40, Revised Statues of Nebraska, 1943, as amended, to be known as the Downtown Business Improvement District 2013 of the City of Grand Island, Nebraska. SECTION 2. The purpose, public improvement and facilities to be included in said district shall be: Approved as to Form¤ ___________ August 8, 2013 ¤ City Attorney Grand Island Council Session - 8/13/2013 Page 84 / 401 ORDINANCE NO. 9435 (Cont.) -2- (A)Improvement of any public place or facility in the district area, including landscaping, physical improvements for decoration or security purposes, and plantings and maintenance, repair, and construction of any improvements or facilities authorized by the Business Improvement District Act, including, but not limited to, 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 the sidewalks parallel to S. Locust; purchase of equipment, materials, supplies or other expenses to accomplish the purposes of the district, and other incidental or ongoing expense as needed for the maintenance, improvement and beautification of the green belt area. (B)Employing or contracting for personnel, including administrators for any improvement program under the act, and providing for any service as may be necessary or proper to carry out the purposes of the act, including, but not limited to, employment of or contracting for personnel to accomplish the purposes of the district and to accomplish the goals and objectives of the SECTION 3. The outer boundaries of Downtown Business Improvement District 2013 are described as follows: Beginning at a point being the intersection of the South line of Third Street and the West line of Kimball Avenue; thence South on the West line of Kimball Avenue to a point One Hundred Thirty-Two feet (132’) South of the South line of First Street; thence West on a line One Hundred Thirty-Two fee (132’) South of and parallel to the South line of First Street to the West line of Sycamore Street; thence Southerly on the Westerly line of Sycamore Street to the North line of Court Street; thence Westerly on the North line of Court Street to the West line of Pine Street; thence Southerly on the West line of Pine Street to the North line of Charles Street; thence Westerly on the North line of Charles Street and an extension thereof to the East line of Walnut Street; thence Northerly on the East line of Walnut Street to a point One Hundred Thirty- Two Feet (132’) North of the North line of Division Street; thence West on a line One Hundred Thirty-Two Feet (132’) North of and parallel to the North line of Division Street and an extension thereof to the East line of Cedar Street; thence Northerly on the East line of Cedar Street to the South line of First Street; thence West on the South line of First Street to the West line of Elm Street; thence Southerly on the West line of Elm Street for a distance of One Hundred Thirty-Two Feet (132’); thence Westerly on a line One Hundred Thirty-Two Feet (132’) South of and parallel to the South line of First Street to the East line of Eddy Street; thence Northerly on the East line of Eddy Street to the South line of South Front Street; thence Easterly on the South line of South Front Street to the West line of Oak Street; thence Southerly on the West line of Oak Street to the South line of Third Street; thence Westerly on the South line of Third Street and an extension thereof to the point of beginning. (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'); Grand Island Council Session - 8/13/2013 Page 85 / 401 ORDINANCE NO. 9435 (Cont.) -3- 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 4. The real property located within the boundaries of South Locust Street Business Improvement District 2012 shall be subject to special assessment as authorized by Chapter 19, Article 40, Sections 19-4015 through 19-4038, Revised Statutes of Nebraska, 1943, as amended, also known as the Business Improvement District Act. SECTION 5. The method of assessment to be imposed within said district shall be as follows: (A)The amount of special assessment for each property shall be calculated in accordance with the following formula: The front footage of the individual real property adjacent to Second Street within the district divided by total front footage of all assessable property in the district times the total special assessment equals individual special assessment. The records owners of the front footages to be used in the above formula shall be the owners, as shown in the office of the Hall County Register of Deeds, in effect on the first day of January of the current year. (B)Notice of the proposed assessment shall be published as required by NE. Rev. Statutes Section 19-4030, as amended (C)The city council, sitting as a Board of Equalization, shall levy the special assessment 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 costs under method as the city council finds to be fair and equitable. (D)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 NE. Rev. Statutes 45-104.01, as amended. All special assessments shall be liens upon the property assessed. Grand Island Council Session - 8/13/2013 Page 86 / 401 ORDINANCE NO. 9435 (Cont.) -4- SECTION 6. In the event requests to disestablish this business improvement district are made and filed with the city clerk within any (30) day period by record owners of over fifty percent (50%) of the assessable units in the district, as shown in the office of the Hall County Register of Deeds on the first day of January of the current year, the city council may disestablish the district by ordinance after hearing before the city council. The city council shall adopt a resolution of intention to disestablish the area at least fifteen days prior to the hearing. The resolution shall give the time and place of the hearing. After hearing, the city council may disestablish the district as provided in the Business Improvement District Act. SECTION 7. If any section, subsection sentence, phrase, or clause, of this ordinance is, for any reason, held to be unconstitutional or invalid, such holding shall not affect the validity of the remaining portions of this ordinance. SECTION 8. This ordinance shall be in force and take effect from and after its passage, approval and publication, in pamphlet for, within 15 days in one issue of the Grand Island Independent as provided by law. Enacted: August 13, 2013. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/13/2013 Page 87 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item F-3 #9436 - Consideration of Creating One-Year Second Street Business Improvement District 2013 This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Marco Floreani Grand Island Council Session - 8/13/2013 Page 88 / 401 Approved as to Form ¤ ___________ August 9, 2013 ¤ City Attorney ORDINANCE NO. 9436 An ordinance establishing a business improvement district establishing the purpose of such district; describing the boundaries of such district; establishing that real property in the area will be subject to a special assessment; establishing a method of assessment; providing for a penalty for failure to pay the special assessment; repealing ordinances in conflict herewith; providing for severability; and providing for publication and the effective date of this ordinance. WHEREAS, the Business Improvement Board for Business Improvement District # 6 (hereinafter Second Street Business Improvement District 2013) has recommended that the City of Grand Island create a business improvement district along Second Street with boundaries in the form hereinafter set forth; and WHEREAS, on July 10, 2013, the Regional Planning Commission recommended approval of the creation of such a business improvement district, WHEREAS, the City Council adopted Resolution 2013-249 on July 23, 2013, which was published on July 26, 2013 in the Grand Island Independent establishing the Intention to Create a business improvement district; and WHEREAS, pursuant to said resolution, a notice of hearing was published and mailed as required by law, and public hearing duly held at 7:00 p.m. on August 13, 2013, in the Council Chambers at City Hall, 100 East First Street, Grand Island, Nebraska, concerning the formation of such districts; 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 of July 23, 2013. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby created and established a business improvement district pursuant to Chapter 19, Article 40, Revised Statues of Nebraska, 1943, as amended, to be known as the Second Street Business Improvement District 2013 of the City of Grand Island, Nebraska. SECTION 2. The purpose, public improvement and facilities to be included in Grand Island Council Session - 8/13/2013 Page 89 / 401 ORDINANCE NO. 9436 (Cont.) -2- said district shall be: (A)Improvement of any public place or facility in the district area, including landscaping, physical improvements for decoration or security purposes, and plantings and maintenance, repair, and construction of any improvements or facilities authorized by the Business Improvement District Act, including, but not limited to, 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 the sidewalks parallel to S. Locust; purchase of equipment, materials, supplies or other expenses to accomplish the purposes of the district, and other incidental or ongoing expense as needed for the maintenance, improvement and beautification of the green belt area. (B)Employing or contracting for personnel, including administrators for any improvement program under the act, and providing for any service as may be necessary or proper to carry out the purposes of the act, including, but not limited to, employment of or contracting for personnel to accomplish the purposes of the district and to accomplish the goals and objectives of the SECTION 3. The outer boundaries of Second Street Business Improvement District 2013 are described as follows: Beginning at a point on the Westerly line of Eddy Street, said point being One Hundred Thirty- two Feet (132') Southeast of the Intersection of the Southerly line of Second Street and the Westerly line of Eddy Street; thence Westerly on a line One Hundred Thirty-Two Feet (132') Southeast and parallel to the Southerly line of Second Street to a point Sixty-Six Feet (66') Northeast of the Easterly line of Greenwich Street; thence Southerly on a line Sixty-Six Feet (66') Northeast of and parallel to the Easterly line of Greenwich Street to the Northerly line of First Street; thence Westerly on the Northerly line of First Street to a point Sixty-Six Feet (66') Southwest of the Westerly line of Greenwich Street; thence Northerly on a line Sixty-Six Feet (66') Southwest of and parallel to the Westerly line of Greenwich Street to a point One Hundred Thirty-Two Feet (132') Southeast of the Southerly line of Second Street; thence Westerly on a line One Hundred Thirty-Two Feet (132') Southeast of and parallel to the Southerly line of Second Street to a point Sixty-Six Feet (66') Northeast of Broadwell Avenue; thence Southerly on a line Sixty-Six Feet (66') Northeast of and parallel to the Easterly line of Broadwell Avenue to the Northerly line of First Street; thence Westerly on the Northerly line of First Street to a point One hundred thirty-five and sixty-nine hundredths Feet (135.69') Southwest of the Westerly line of Broadwell Avenue; thence Northerly on a line One hundred thirty-five and sixty-nine hundredths Feet (135.69') Southwest of and parallel to the Westerly line of Broadwell Avenue Sixty-five and seventy-six hundredths feet (65.76’); thence Westerly on a line parallel to the Northerly line of First Street twenty-three Feet (23’); thence Northerly on a line parallel to the Westerly line of Broadwell Avenue to a point One Hundred Thirty-Two Feet (132') Southeast of the South line of Second Street; thence Westerly on a line One - 2 - Hundred Thirty-Two Feet (132') Southeast of and parallel to the Southerly line of Second Street to the Easterly line of Garfield Avenue; thence Northerly on the Easterly line of Garfield Grand Island Council Session - 8/13/2013 Page 90 / 401 ORDINANCE NO. 9436 (Cont.) -3- Avenue to a point One Hundred Thirty-Two Feet (132') Northwest of the Northerly line of Second Street; thence Easterly on a line One Hundred Thirty-Two Feet (132') Northwest of and parallel to the Northerly line of Second Street to a point Sixty-Six Feet (66') Southwest of the Westerly line of Broadwell Avenue; thence Northerly on a line Sixty-Six Feet (66') Southwest of and parallel to the Westerly line of Broadwell Avenue to the Southerly line of Union Pacific Railroad Right-of-Way; thence Easterly on the Southerly line of Union Pacific Railroad to a point Sixty-Six Feet (66') Northeast of the Easterly line of Broadwell Avenue; thence Southerly on a line Sixty-Six Feet (66') Northeast of and parallel to the Easterly line of Broadwell Avenue to a point One Hundred Thirty-Two Feet (132') Northwest of the Northerly line of Second Street; thence Easterly on a line One Hundred Thirty-Two Feet (132') Northwest of and parallel to the Northerly line of Second Street to the Westerly line of Eddy Street; thence Southeast on the Westerly line of Eddy Street to the point of beginning. SECTION 4. The real property located within the boundaries of Second Street Business Improvement District 2013 shall be subject to special assessment as authorized by Chapter 19, Article 40, Sections 19-4015 through 19-4038, Revised Statutes of Nebraska, 1943, as amended, also known as the Business Improvement District Act. SECTION 5. The method of assessment to be imposed within said district shall be as follows: (A)The amount of special assessment for each property shall be calculated in accordance with the following formula: The front footage of the individual real property adjacent to Second Street within the district divided by total front footage of all assessable property in the district times the total special assessment equals individual special assessment. The records owners of the front footages to be used in the above formula shall be the owners, as shown in the office of the Hall County Register of Deeds, in effect on the first day of January of the current year. (B)Notice of the proposed assessment shall be published as required by NE. Rev. Statutes Section 19-4030, as amended (C)The city council, sitting as a Board of Equalization, shall levy the special assessment 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 costs under method as the city council finds to be fair and equitable. (D)Said assessments shall be payable in one installment to become delinquent fifty Grand Island Council Session - 8/13/2013 Page 91 / 401 ORDINANCE NO. 9436 (Cont.) -4- (50) days after the date of such levy. Delinquent payments shall draw interest at the rate specified in the NE. Rev. Statutes 45-104.01, as amended. All special assessments shall be liens upon the property assessed. SECTION 6. In the event requests to disestablish this business improvement district are made and filed with the city clerk within any (30) day period by record owners of over fifty percent (50%) of the assessable units in the district, as shown in the office of the Hall County Register of Deeds on the first day of January of the current year, the city council may disestablish the district by ordinance after hearing before the city council. The city council shall adopt a resolution of intention to disestablish the area at least fifteen days prior to the hearing. The resolution shall give the time and place of the hearing. After hearing, the city council may disestablish the district as provided in the Business Improvement District Act. SECTION 7. If any section, subsection sentence, phrase, or clause, of this ordinance is, for any reason, held to be unconstitutional or invalid, such holding shall not affect the validity of the remaining portions of this ordinance. SECTION 8. This ordinance shall be in force and take effect from and after its passage, approval and publication, in pamphlet for, within 15 days in one issue of the Grand Island Independent as provided by law. Enacted: August 13, 2013. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/13/2013 Page 92 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item F-4 #9437 - Consideration of Creating Three-Year Fonner Park Business Improvement District 2013 This item relates to the aforementioned Public Hearing item E-4. Staff Contact: Marco Floreani Grand Island Council Session - 8/13/2013 Page 93 / 401 Approved as to Form ¤ ___________ August 9, 2013 ¤ City Attorney ORDINANCE NO. 9437 An ordinance establishing a business improvement district establishing the purpose of such district; describing the boundaries of such district; establishing that real property in the area will be subject to a special assessment; establishing a method of assessment; providing for a penalty for failure to pay the special assessment; repealing ordinances in conflict herewith; providing for severability; and providing for publication and the effective date of this ordinance. HEREAS, the Business Improvement Board for Business Improvement District (hereinafter Fonner Park Business Improvement District 2013) has recommended that the City of Grand Island create a business improvement district along South Locust Street with boundaries in the form hereinafter set forth; and WHEREAS, on July 10, 2013, the Regional Planning Commission recommended approval of the creation of such a business improvement district, WHEREAS, the City Council adopted Resolution 2013-250 on July 23, 2013, which was published on July 26, 2013 in the Grand Island Independent establishing the Intention to Create a business improvement district; and WHEREAS, pursuant to said resolution, a notice of hearing was published and mailed as required by law, and public hearing duly held at 7:00 p.m. on August 13, 2013, in the Council Chambers at City Hall, 100 East First Street, Grand Island, Nebraska, concerning the formation of such districts; 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 of July 23, 2013. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby created and established a business improvement district pursuant to Chapter 19, Article 40, Revised Statues of Nebraska, 1943, as amended, to be known as the South Locust Business Improvement District 2012of the City of Grand Island, Nebraska. SECTION 2. The purpose, public improvement and facilities to be included in Grand Island Council Session - 8/13/2013 Page 94 / 401 ORDINANCE NO. 9437 (Cont.) -2- said district shall be: (A)Improvement of any public place or facility in the district area, including landscaping, physical improvements for decoration or security purposes, and plantings and maintenance, repair, and construction of any improvements or facilities authorized by the Business Improvement District Act, including, but not limited to, 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 the sidewalks parallel to S. Locust; purchase of equipment, materials, supplies or other expenses to accomplish the purposes of the district, and other incidental or ongoing expense as needed for the maintenance, improvement and beautification of the green belt area. (B)Employing or contracting for personnel, including administrators for any improvement program under the act, and providing for any service as may be necessary or proper to carry out the purposes of the act, including, but not limited to, employment of or contracting for personnel to accomplish the purposes of the district and to accomplish the goals and objectives of the SECTION 3. The outer boundaries of Fonner Park Business Improvement District 2013 are described as follows: Beginning at the southeast corner of Section Twenty One (21), Township Eleven (11) North, range Nine (9) West of the 6th P.M. in Grand Island, Hall County, Nebraska; thence west on a line One Hundred (100.0) feet west of and parallel with the line common to Section 21-11-9 and Section 22-11-9 to the north line of the Southeast Quarter (SE1/4) of Section 21-11-9; thence east on the north line of the Southeast Quarter (SE1/4) of Section 21-11-9 and the north line of the Southwest Quarter (SW1/4) of Section 22-11-9 for distance of Two Hundred (200.0) feet; thence south on a line One Hundred (100.0) feet east of and parallel to the line common to Section 21-11-9 and section 22-11-9 to the south line of Section 22-11-9; thence west on the south line of Section 22-11-9 for a distance of One Hundred (100.0) feet to the point of beginning, as shown on the drawings dated May 28, 2002. SECTION 4. The real property located within the boundaries of Fonner Park Business Improvement District 2013 shall be subject to special assessment as authorized by Chapter 19, Article 40, Sections 19-4015 through 19-4038, Revised Statutes of Nebraska, 1943, as amended, also known as the Business Improvement District Act. Grand Island Council Session - 8/13/2013 Page 95 / 401 ORDINANCE NO. 9437 (Cont.) -3- SECTION 5. The method of assessment to be imposed within said district shall be as follows: (A)The amount of special assessment for each property shall be calculated in accordance with the following formula: The front footage of the individual real property adjacent to S. Locust Street within the district divided by total front footage of all assessable property in the district times the total special assessment equals individual special assessment. The records owners of the front footages to be used in the above formula shall be the owners, as shown in the office of the Hall County Register of Deeds, in effect on the first day of January of the current year. (B)Notice of the proposed assessment shall be published as required by NE. Rev. Statutes Section 19-4030, as amended (C)The city council, sitting as a Board of Equalization, shall levy the special assessment 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 costs under method as the city council finds to be fair and equitable. (D)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 NE. Rev. Statutes 45-104.01, as amended. All special assessments shall be liens upon the property assessed. SECTION 6. In the event requests to disestablish this business improvement district are made and filed with the city clerk within any (30) day period by record owners of over fifty percent (50%) of the assessable units in the district, as shown in the office of the Hall County Register of Deeds on the first day of January of the current year, the city council may disestablish the district by ordinance after hearing before the city council. The city council shall adopt a resolution of intention to disestablish the area at least fifteen days prior to the hearing. The resolution shall give the time and place of the hearing. After hearing, the city council may disestablish the district as provided in the Business Improvement District Act. SECTION 7. If any section, subsection sentence, phrase, or clause, of this Grand Island Council Session - 8/13/2013 Page 96 / 401 ORDINANCE NO. 9437 (Cont.) -4- ordinance is, for any reason, held to be unconstitutional or invalid, such holding shall not affect the validity of the remaining portions of this ordinance. SECTION 8. This ordinance shall be in force and take effect from and after its passage, approval and publication, in pamphlet for, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: August 13, 2013. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/13/2013 Page 97 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item F-5 #9438 - Consideration of Creating Three-Year South Locust Business Improvement District 2013 This item relates to the aforementioned Public Hearing item E-5. Staff Contact: Marco Floreani Grand Island Council Session - 8/13/2013 Page 98 / 401 Approved as to Form ¤ ___________ August 9, 2013 ¤ City Attorney ORDINANCE NO. 9438 An ordinance establishing a business improvement district establishing the purpose of such district; describing the boundaries of such district; establishing that real property in the area will be subject to a special assessment; establishing a method of assessment; providing for a penalty for failure to pay the special assessment; repealing ordinances in conflict herewith; providing for severability; and providing for publication and the effective date of this ordinance. HEREAS, the Business Improvement Board for Business Improvement District # 7 (hereinafter South Locust Street Business Improvement District 2013) has recommended that the City of Grand Island create a business improvement district along South Locust from Stolley Park Road to Highway 34 with boundaries in the form hereinafter set forth; and WHEREAS, on July 10, 2013, the Regional Planning Commission recommended approval of the creation of such a business improvement district; and WHEREAS, the City Council adopted Resolution 2013-251 on July 23, 2013, which was published on July 26, 2013 in the Grand Island Independent establishing the intention to create a Business Improvement District; and WHEREAS, pursuant to said resolution, a notice of hearing was published and mailed as required by law, and public hearing duly held at 7:00 p.m. on August 13, 2013, in the Council Chambers at City Hall, 100 East First Street, Grand Island, Nebraska, concerning the formation of such districts; 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 of July 23, 2013. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby created and established a business improvement district pursuant to Chapter 19, Article 40, Revised Statues of Nebraska, 1943, as amended, to be known as the South Locust Street Business Improvement District 2013 of the City of Grand Island, Nebraska. Grand Island Council Session - 8/13/2013 Page 99 / 401 ORDINANCE NO. 9438 (Cont.) -2- SECTION 2. The purpose, public improvement and facilities to be included in said district shall be: (A)Improvement of any public place or facility in the district area, including landscaping, physical improvements for decoration or security purposes, and plantings and maintenance, repair, and construction of any improvements or facilities authorized by the Business Improvement District Act, including, but not limited to, 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 the sidewalks parallel to S. Locust; purchase of equipment, materials, supplies or other expenses to accomplish the purposes of the district, and other incidental or ongoing expense as needed for the maintenance, improvement and beautification of the green belt area. (B)Employing or contracting for personnel, including administrators for any improvement program under the act, and providing for any service as may be necessary or proper to carry out the purposes of the act, including, but not limited to, employment of or contracting for personnel to accomplish the purposes of the district and to accomplish the goals and objectives of the SECTION 3. The outer boundaries of South Locust Street Business Improvement District 2013 are 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), 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. Grand Island Council Session - 8/13/2013 Page 100 / 401 ORDINANCE NO. 9438 (Cont.) -3- SECTION 4. The real property located within the boundaries of South Locust Street Business Improvement District 2013 shall be subject to special assessment as authorized by Chapter 19, Article 40, Sections 19-4015 through 19-4038, Revised Statutes of Nebraska, 1943, as amended, also known as the Business Improvement District Act. SECTION 5. The method of assessment to be imposed within said district shall be as follows: (A)The amount of special assessment for each property shall be calculated in accordance with the following formula: The front footage of the individual real property adjacent to Second Street within the district divided by total front footage of all assessable property in the district times the total special assessment equals individual special assessment. The records owners of the front footages to be used in the above formula shall be the owners, as shown in the office of the Hall County Register of Deeds, in effect on the first day of January of the current year. (B)Notice of the proposed assessment shall be published as required by NE. Rev. Statutes Section 19-4030, as amended (C)The city council, sitting as a Board of Equalization, shall levy the special assessment 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 costs under method as the city council finds to be fair and equitable. (D)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 NE. Rev. Statutes 45-104.01, as amended. All special assessments shall be liens upon the property assessed. SECTION 6. In the event requests to disestablish this business improvement district are made and filed with the city clerk within any (30) day period by record owners of over fifty percent (50%) of the assessable units in the district, as shown in the office of the Hall County Register of Deeds on the first day of January of the current year, the city council may disestablish the district by ordinance after hearing before the city council. The city council shall Grand Island Council Session - 8/13/2013 Page 101 / 401 ORDINANCE NO. 9438 (Cont.) -4- adopt a resolution of intention to disestablish the area at least fifteen days prior to the hearing. The resolution shall give the time and place of the hearing. After hearing, the city council may disestablish the district as provided in the Business Improvement District Act. SECTION 7. If any section, subsection sentence, phrase, or clause, of this ordinance is, for any reason, held to be unconstitutional or invalid, such holding shall not affect the validity of the remaining portions of this ordinance. SECTION 8. This ordinance shall be in force and take effect from and after its passage, approval and publication, in pamphlet for, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: August 13, 2013. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/13/2013 Page 102 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item G-1 Approving Minutes of July 23, 2013 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 8/13/2013 Page 103 / 401 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING July 23, 2013 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on July 23, 2013. Notice of the meeting was given in The Grand Island Independent on July 17, 2013. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Bob Niemann, Linna Dee Donaldson, Julie Hehnke, Mitch Nickerson, Peg Gilbert, John Gericke, Scott Dugan, Mike Paulick, and Vaughn Minton. Councilmember Chuck Haase was absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, Finance Director Jaye Monter, City Attorney Robert Sivick and Public Works Director John Collins. INVOCATION was given by Pastor Sheri Lodel, Calvary Lutheran Church, 1304 North Custer Avenue followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Rebecca Riley. PRESENTATIONS AND PROCLAMATIONS: Recognition of “You Auto Love It Downtown” Saturday, August 3rd. Mayor Vavricek recognized the 8th Annual Grand Theatre Custom & Classic Car Show to be held downtown on Saturday, August 3rd. Craig and Rita Hand were present to receive the recognition certificate and commented on the car show and the Howard Hand Scholarship Fund. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement – Part of Lot 1, Block 2 Ponderosa Lake Estates 4th Subdivision (K.C. & Deborah Hehnke). Utilities Director Tim Luchsinger reported that a utility easement located through part of Lot 1, Block 2 Ponderosa Lake Fourth Subdivision was needed in order to have access to install, upgrade, maintain, and repair water lines. When Ponderosa Lake Estates Fourth Subdivision was developed, a water line was installed and turned over to the City but was not included on the plat. The property had been sold to the Hehnkes. In order for the City to access the water lines in the easement an appraised price of $1,700.00 had been accepted by the owners for loss of use of this portion of their property. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 807 West 4th Street (KERJAC, Inc.) Utilities Director Tim Luchsinger reported that a utility easement located at 807 West 4th Street next to the alley was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of placing a pad- mounted three phase transformer to provide electrical service to the new business at this location. Staff recommended approval. No public testimony was heard. Grand Island Council Session - 8/13/2013 Page 104 / 401 Page 2, City Council Regular Meeting, July 23, 2013 Public Hearing on Acquisition of Public Right-of-Way for the North Interceptor Phase II, Park B; Sanitary Sewer Project No. 2013-S-4 (Hall County). Public Works Director John Collins reported that the public right-of-way was needed to accommodate the North Interceptor Phase II, Park B project located on Capital Avenue from Webb Road to Broadwell Avenue. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Public Utility Easement for the North Interceptor Phase II, Part B; Sanitary Sewer Project No. 2013-S-4 (Hall County). Public Works Director John Collins reported that acquisition of a public utility easement was needed to allow for the construction, operation, maintenance, extension, repair, replacement, and removal of public utilities within the easement to accommodate the North Interceptor Phase II, Park B project located on Capital Avenue from Webb Road to Broadwell Avenue. Staff recommended approval. No public testimony was heard. Public Hearing on Dedication of Street Right-of-Way for the Capital Avenue – Webb Road to Broadwell Avenue Widening Project (Ashley Park – City of Grand Island). Public Works Director John Collins reported that the City of Grand Island was dedicating current park property as street right-of-way to accommodate a widened roadway along Capital Avenue from Webb Road to Broadwell Avenue and for the North Interceptor Phase II Sanitary Sewer. This area is on the east side of Broadwell Avenue, north side of Capital Avenue. Staff recommended approval. No public testimony was heard. Public Hearing to Approve Authorization to apply for Contract Extension for Disaster Recovery Grant – Lift Station #7. Community Development Administrator Marco Floreani reported that the City had been awarded a Disaster Recovery Grant in September 2009 for $803,500.00 plus $40,175.00 in General Administration for the installation of a sanitary sewer interceptor and sewer main collection system upgrade – Lift Station #7. The Nebraska Department of Economic Development awarded an additional $150,616.00 for Disaster Recovery Funding. A contract extension was need for additional time to fund the necessary site improvement and complete the infrastructure in the Disaster Recovery Area from July 28, 2013 to August 23, 2013. Staff recommended approval. No public testimony was heard. CONSENT AGENDA: Motion by Paulick, second by Nickerson to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of July 8, 2013 City Council Joint Health Meeting. Approving Minutes of July 9, 2013 City Council Regular Meeting. Approving Appointment of Justin Oseka and Re-appointments of Todd Enck, Marv Webb and Brad Kissler to the Building Code Advisory Board. #2013-229 – Approving Preliminary and Final Plat and Subdivision Agreement for Northview Ninth Subdivision. It was noted that P.O.G. LLC, Developer/Owner had submitted the Preliminary and Final Plat and Subdivision Agreement for Northview Ninth Subdivision for the purpose of creating 10 lots located east of Idaho Avenue and south of US Hwy 2 containing 2.77 acres. Grand Island Council Session - 8/13/2013 Page 105 / 401 Page 3, City Council Regular Meeting, July 23, 2013 #2013-230 – Approving Certificate of Final Completion for City Hall HVAC System with Honeywell, Inc. #2013-231 – Approving Acquisition of Utility easement – Part of Lot 1, Block 2 Ponderosa Lake Estates 4th Subdivision (K.C. & Deborah Hehnke). #2013-232 – Approving Acquisition of Utility Easement Located at 807 West 4th Street (KERJAC, Inc.). #2013-233 – Approving Revision of Connection Fees for Water Main District 398T – North Road between Potash and Stolley Park Road and Setting Board of Equalization Date for August 13, 2013. #2013-234 – Approving Southwest Power Pool (SPP) Confidentiality Agreement. #2013-235 – Approving Acquisition of Public Right-of-Way for the North Interceptor Phase II, Park B; Sanitary Sewer Project No. 2013-S-4 (Hall County). #2013-236 – Approving Acquisition of Public Utility Easement for the North Interceptor Phase II, Park B; Sanitary Sewer Project No. 2013-S-4 (Hall County). #2013-237 – Approving Temporary Construction Easement for the North Interceptor Phase II, Part B; Sanitary sewer Project No. 2013-S-4 (Hall County). #2013-238 – Approving Bid Award for Downtown Parking Lot Pavement Patching & Crack Repair; Project No. 2013-PL-1 with J.I.L. Asphalt Paving Co. of Grand Island, NE in an Amount of $30,844.00. #2013-239 – Approving Use of Land Owned by the City of Grand Island for Facilities to be Constructed on the Capital Avenue – Webb Road to Broadwell Avenue Widening Project and North Interceptor Phase II, Park B; Sanitary Sewer Project No. 2013-S-4. #2013-240 – Approving Dedication of Street Right-of-Way for the Capital Avenue – Webb Road to Broadwell Avenue Widening Project (Ashley Park – City of Grand Island). #2013-241 – Approving Change Order No. 1 for 5th Street Sanitary Sewer Improvements; Project No. 2012-S-3 with Van Kirk Brothers Contracting of Sutton, NE for a Completion Date of September 30, 2013. #2013-242 – Approving Change Order No. 4 for Lift Station No. 7 Improvements Project No. 2011-S-1A with The Diamond Engineering Company of Grand Island, NE for an Increase of $470.00 and a Revised Contract Amount of $485,263.34. #2013-243 – Approving Leasehold Agreements for the North Interceptor Phase II, Par B; Sanitary Sewer Project No. 2013-S-4 (United Veterans Club). Grand Island Council Session - 8/13/2013 Page 106 / 401 Page 4, City Council Regular Meeting, July 23, 2013 #2013-244 – Approving Change Order No. 1 for Blaine Street Paving; Project No. 2012-P-2 with Gehring Construction & Ready Mix Co. of Columbus, NE for an Increase of $2,600.00 and a Revised Contract Amount of $591,129.90. #2013-245 – Approving Agreement for Engineering Consulting Services Related to Westgate Road Paving District No. 1261; North Road to Copper Road with Olsson Associates of Grand Island, NE in an Amount of $71,870.00. #2013-246 – Approving Contract Extension of CDBG Grant 08-DPI-005 Lift Station #7. REQUESTS AND REFERRALS: Consideration of Request from Nebraska State Fair Regarding RV Park Use of Primitive Stalls. Building Department Director Craig Lewis reported that the Nebraska State Fair had requested approval of the existing site and existing improvements located at 915 East Fonner Park Road to be deemed adequate for the purpose of the State Fair. Currently there were 112 RV sites complete with utility services and concrete pad as required by City Code. There were 40 sites with utility connections but only rock pads and 59 sites with sewer and water connections but no electrical connections and no concrete parking pads. Motion by Minton, second by Niemann to approve the request to modify the conditional use permit by extending the time frame for completion of the required improved parking pads for the entire facility by the end of the calendar year 2015 and allow for current and continued use finding that the proposed use and application promotes the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. Comments were made regarding the number of extensions to this Conditional Use Permit. Motion by Gericke, second by Gilbert to amend the motion that there will be no further extensions. Upon roll call vote, Councilmembers Minton, Paulick, Dugan, Gilbert, Hehnke, Donaldson, and Niemann voted aye. Councilmembers Gericke and Nickerson voted no. Motion adopted. Upon roll call vote of the main motion, all voted aye. Motion adopted. RESOLUTIONS: Mayor Vavricek turned the meeting over to Council President Niemann and recused himself from Resolution #2013-247 due to a conflict of interest which was on file in the City Clerk’s office. #2013-247 – Approving Advertising Contract with the Grand Island Independent. Human Resources Director Brenda Sutherland reported that the City had entered into contracts with the Grand Island Independent for newspaper advertising for all departments. Advertising that fell under the heading of “legals” was handled separately as that rate was defined by State bid, but the City was given credit towards its commitment for advertising. By not approving this contract Grand Island Council Session - 8/13/2013 Page 107 / 401 Page 5, City Council Regular Meeting, July 23, 2013 the City would pay nearly double the price the City was currently paying for all advertising with the exception of legals. Comments were made regarding the contract commitment costs and the City managing their advertising costs better. Motion by Nickerson, second by Gericke to approve Resolution #2013-247. Upon roll call vote, Councilmembers Minton, Paulick, Dugan, Gilbert, Nickerson, Hehnke, Donaldson, and Niemann voted aye. Councilmember Gericke voted no. Motion adopted. The meeting was turned over to Mayor Vavricek. #2013-248 – Consideration of Approving Resolution of Intent to Create Downtown Business Improvement District 2013. Community Development Administrator Marco Floreani reported that the next step in the process for creating the Downtown Business Improvement District 2013 was to approve a Resolution of Intent to create the District and setting a hearing to be held on August 13, 2013. Motion by Dugan, second by Paulick to approve Resolution #2013-248. Upon roll call vote, all voted aye. Motion adopted. #2013-249 – Consideration of Approving Resolution of Intent to Create Second Street Business Improvement District 2013. Community Development Administrator Marco Floreani reported that the next step in the process for creating the Second Street Business Improvement District 2013 was to approve a Resolution of Intent to create the District from 2nd and Eddy Streets to 2nd and Broadwell Streets and setting a hearing to be held on August 13, 2013. Motion by Dugan, second by Paulick to approve Resolution #2013-249. Upon roll call vote, all voted aye. Motion adopted. #2013-250 – Consideration of Approving Resolution of Intent to Create Fonner Park Business Improvement District 2013. Community Development Administrator Marco Floreani reported that the next step in the process for creating the Fonner Park Business Improvement District 2013 was to approve a Resolution of Intent to create the District on South Locust Street from Stolley Park Road to Fonner Park Road and setting a hearing to be held on August 13, 2013. Motion by Dugan, second by Paulick to approve Resolution #2013-250. Upon roll call vote, all voted aye. Motion adopted. #2013-251 – Consideration of Approving Resolution of Intent to Create South Locust Street Business Improvement District 2013. Community Development Administrator Marco Floreani reported that the next step in the process for creating the South Locust Street Business Improvement District 2013 was to approve a Resolution of Intent to create the District from Stolley Park Road to Highway 34 and setting a hearing to be held on August 13, 2013. Motion by Dugan, second by Paulick to approve Resolution #2013-251. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 8/13/2013 Page 108 / 401 Page 6, City Council Regular Meeting, July 23, 2013 #2013-252 – Approving Acceptance of Grand Island as U.S. Dept. of Housing and Urban Development Entitlement Grantee. Community Development Administrator Marco Floreani reported that as a Metropolitan Statistical Area, Grand Island had the opportunity to accept the status as an entitlement grantee for the 2015 fiscal year or defer status under the U.S. Department of Housing and Urban Development’s (HUD) Community Development Block Grant Program (CDBG). HUD’s 2014 entitlement funding estimate for Grand Island was $366,214.00 and does not require a local match. Questioned was the process of grant applications and if they would come before the City Council for approval. Mr. Floreani stated that all grants would have a Public Hearing and that Council would have final approval. Motion by Dugan, second by Minton to approve Resolution #2013-252. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Gericke to approve the Claims for the period of July 10, 2013 through July 23, 2013, for a total amount of $4,165,596.50. Unanimously approved. ADJOURN TO EXECUTIVE SESSION: Motion by Gilbert, second by Dugan to adjourn to Executive Session at 7:57 p.m. for the purpose of a strategy session with respect to pending litigation. Unanimously approved. RETURN TO REGULAR SESSION: Motion by Hehnke, second by Donaldson to return to Regular Session at 8:34 p.m. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 8:34 p.m. RaNae Edwards City Clerk Grand Island Council Session - 8/13/2013 Page 109 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item G-2 Approving Minutes of August 6, 2013 City Council Study Session Staff Contact: RaNae Edwards Grand Island Council Session - 8/13/2013 Page 110 / 401 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION August 6, 2013 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on August 6, 2013. Notice of the meeting was given in the Grand Island Independent on July 31, 2013. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmembers were present: Vaughn Minton, Mike Paulick, Scott Dugan, John Gericke, Mitch Nickerson, Julie Hehnke, Chuck Haase, Linna Dee Donaldson, and Bob Niemann. Councilmember Peg Gilbert was absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Robert Sivick, Finance Director Jaye Monter, and Public Works Director John Collins. INVOCATION given by Community Youth Council member Jordyn Barnett followed by the PLEDGE OF ALLEGIANCE. SPECIAL ITEMS: Heartland Events Center Financial Overview. Barry Sandstrom, Chairman of the Heartland Events Center Board introduced Marcy Luth, CPA representing Almquist Maltzahn Galloway & Luth. Ms. Luth gave an update of the 2011 and 2012 Financial Statements for Fonner Park Exposition & Events Center, Inc. (Heartland Events Center). Total assets for 2011 were $7,920,192 and 2012 total assets were $7,471,592. Revenues exceeded expenses in 2012 by $150,000. Mentioned was that two bonds had been refinanced. Diane Willey, Sales and Marketing Director for the Events Center reported that the total events in 2011 were 143 and in 2012 there were 141. Mentioned were major events held at the Events Center and upcoming entertainment/concerts. Comments were made regarding the quality of life the Events Center provided and that most facilities like this did not make money. Mentioned was the importance of the Danger Football team using this facility. Discussion was held regarding the lease/purchase agreement. Ownership of the building at the end of the lease agreement would be the City of Grand Island. Equipment since construction of the facility was completed would not be owned by the City. Discussion was held concerning the financial assets of the Center. There was 11 years left on the lease agreement. 2014 Proposed Budget Presentation – General Fund, Capital Improvement Projects Fund, Metropolitan Planning Organization. Mayor Vavricek commented on the dedication of the Department Directors in preparing the 2013-2014 budget. Future planning was mentioned as being very important. Introduced were the following Department Directors: Grand Island Council Session - 8/13/2013 Page 111 / 401 Page 2, City Council Study Session, August 6, 2013 Steve Fosselman, Library Director Craig Lewis, Building Department Director Chad Nabity, Regional Planning Director Steve Lamken, Police Chief Jon Rosenlund, Emergency Management Director Brenda Sutherland, Human Resources Director Tim Luchsinger, Utilities Director John Collins, Public Works Director Robert Sivick, City Attorney Jaye Monter, Finance Director Todd McCoy, Parks & Recreation Director Cory Schmidt, Fire Chief City Administrator Mary Lou Brown stated the goal for the City of Grand Island was financial sustainability of City policies and services to best serve the people of Grand Island. The purpose of the budget was to meet service expectations based on prioritization, to identify the financial needs for the next 12 months, and lay the groundwork for long-term financial sustainability. Focus of the Study Session was on the General Fund. The following six impacts of the budget were funded with no additional proposed tax increase, no additional employee layoffs, no additional service cuts and no depletion of cash reserves: Safer community Metropolitan Planning Organization implementation Public transit funding Effects of becoming a Metropolitan Statistical Area along with impact of comparability rules Operational growth – additional full-time equivalents (FTE) and 4% operational expense growth Increased healthcare and worker’s compensation costs Proposed were seven incremental FTE positions for the Police Department with 5 additional Police Officers and 2 additional community service officers with over $1 million incremental expenses in salaries and operating expenses in 2013 and 2014. The Metropolitan Planning Organization (MPO) proposed a MPO Program Manager at $100,000 for salary and benefits and public transit funding at $100,000 City’s share to County. Funding for these two items will originate with the General Fund and would transfer to Special Revenue Funds 225 (MPO Fund) and 226 (Transit Fund). Mentioned was the City of Grand Island was a Metropolitan Statistical Area (MSA) and would utilize new city comparisons – cities no less than half and no more than twice the size of Grand Island (25,000 – 100,000). This would impact the Fraternal Order of Police contract as well as non-union proposed increases for FY 2013-2014 in the amount of $675,388. The impact would Grand Island Council Session - 8/13/2013 Page 112 / 401 Page 3, City Council Study Session, August 6, 2013 be greater in 2014-2015 when the remaining six union contracts were negotiated using the new city comparisons. Proposed were 2.0 FTEs in Engineering Services of the Public Works Department; 0.5 FTE reallocation in Emergency Management – would move from the Enhanced 911 Communications Fund to the General Fund; and 0.5 FTE addition in Parks & Recreation for a $300,000 impact. Operating expenses had declined from 2009 through 2012, but costs had increased. A 4% operating expense increase or $340,000 was figured into the 2013-2014 budget using program prioritization. Healthcare costs had increased 30% due to increased claims during the current fiscal year and increased costs related to the Affordable Care Act. The City could reduce the impact through implementation of a Health Savings Account (HSA) and higher deductibles. Expected was an increase of $579,000 in health insurance and $260,000 in worker’s compensation. Ms. Brown reviewed funding sources stating revenue growth of 3.9% equated to $1,533,224. Excess cash (appropriated, unspent) from the current fiscal year was $1,694,136. Total revenue for 2013 was forecasted at $39,136,946. Budgeted for 2014 was $40,670.170 (3.9% growth). Finance Director Jaye Monter reported on the General Fund Capital. Fire Chief Cory Schmidt committed on the General Fund Capital purchases for the Fire Department. Ms. Brown explained the process for the departments requesting capital expenses. Comments were made concerning recurring revenues with recurring expenses. Reviewed were several future capital projects and how they would be funded. Proposed was that taxes would remain at current rates and cash reserves would remain at adequate levels. It was suggested that Council consider generating additional revenue from expanded tax authority for law enforcement costs dedicated to lowering crime and set aside funds for pre-identified capital projects and community objectives. Discussion was held concerning fiscal policies. A lengthy discussion was held on the $1,694,136 in unspent cash. Mentioned was that this money should be spent on capital items. Comments were made that Council may need to look at increasing the tax levy. Council recessed at 9:20 p.m. and reconvened at 9:33 p.m. Public Works Director John Collins commented on the life cycle of equipment and the use of lease agreements for some of the equipment. Reviewed were the ongoing Capital Projects for 2013 and the following proposed Capital projects for 2014: Annual Handicap Ramp Installation $165,000 Annual Sidewalk Projects $ 25,000 Capital Avenue; Webb Rd to Broadwell Ave Widening $1,854,500 (Reimbursement - $1,486,000) Annual Concrete Ditch Lining $ 50,000 Northwest Flood Control Project $620,000 Grand Island Council Session - 8/13/2013 Page 113 / 401 Page 4, City Council Study Session, August 6, 2013 Highway 281 Safety Study $ 50,000 Hike/Bike Trails – Miscellaneous $ 20,000 Moores Creek Drain Extension (Old Potash to Edna)$ 90,000 Pavement Management Services $ 50,000 Resurfacing Various Locations – Federal Aid $610,000 (Reimbursement - $21,600) Systematic Preventative Maintenance Bridges $ 60,000 State and Capital Connector Trail $ 83,308 (Reimbursement - $7,000) Stuhr Road Concrete Overlay $ 40,000 Underpass Bridges Engineering, Maintenance & Repair $140,000 US Highway 30 Drainage Improvements $ 71,485 Realign Walnut Entrance & Custer Avenue/15th Signal $ 33,000 (Reimbursement - $5,000) Asset Management Software $100,000 Blaine Street Bridge Replacement $250,000 Cambridge Dewatering Well Replacement $ 75,000 Faidley Ave Connection (North Rd to Irongate Ave)$650,000 Comprehensive Integrated Drainage Plan $150,000 Annual Miscellaneous Park Projects $150,000 Niedfeldt Park – 6.8 acres $ 50,000 Shady Bend Reconstruction (Bismark – Gregory)$100,000 Wasmer Detention Cell Development – 2.2 acres $ 35,000 Webb Road Street Improvement District No. 1260 $1,700,000 (bond) Westgate road Street Improvement District No. 1261 $580,000 (bond) Westgate Industrial Park Drainage District $200,000 Website Content Management Upgrade from CMS4 to CMS6 $20,000 Partial HD Upgrade for GITV $ 20,000 Grand Generation Center Building $100,000 Cemetery Expansion Design $ 65,000 Information Technology – Disaster Recovery $ 40,000 Total Capital requests for 2013-2014 were $8,247,393. $835,000 of capital dollars was mandated, $2,652,393 of capital dollars was funding Federal Aid projects, and $1,519,600 was to be reimbursed for Federal Aid projects. Comments were made concerning the Wasmer Detention Cell. Mr. Collins stated this project would be completed within the next year. Mr. McCoy stated once the Public Works Department finished the drainage project the Parks & Recreation Department would provide grading, seeding, irrigation, trees and benches. There would be no play ground equipment at this location. Regional Planning Director Chad Nabity reported on the Grand Island Area Metropolitan Planning Organization (GIAMPO). The MPO Policy board had met several times. Reviewed were GIAMPO 2014 Budget and Funding for a total of $355,119 of which $71,024 would be matching funds from the City. Grand Island Council Session - 8/13/2013 Page 114 / 401 Page 5, City Council Study Session, August 6, 2013 ADJOURNMENT: The meeting was adjourned at 10:25 p.m. RaNae Edwards City Clerk Grand Island Council Session - 8/13/2013 Page 115 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item G-3 Approving Request of Fonner Park Exposition and Events Center, Inc. (Heartland Events Center) for Ratification of Nomination and Election of Board of Directors At the December 21, 1998 City Council Meeting, Resolution #98-332 was adopted supporting the application of Fonner Park to the Internal Revenue Service for a 501(c)(3) exemption for construction and operation of an Exposition and Events Center. This approval created the formation of the Fonner Park Exposition and Events Center, Inc. The Internal Revenue Service requires the election of the members of the Board of Directors of Fonner Park Exposition and Events Center, Inc. be ratified by the Grand Island City Council. The appointments of Jim Cannon, Steve Dowding, Barry Sandstrom, Roger Luebbe, and Ed Armstrong to the Board of Directors for the Fonner Park Exposition and Events Center, Inc. are recommended. Staff Contact: Mayor Vavricek Grand Island Council Session - 8/13/2013 Page 116 / 401 Grand Island Council Session - 8/13/2013 Page 117 / 401 Grand Island Council Session - 8/13/2013 Page 118 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item G-4 Approving Appointment of Matt Green to Business Improvement District #6 Board Mayor Vavricek has submitted the appointment of Matt Green to the Business Improvement District #6 board to replace Bill Raile who resigned. This appointment would become effective immediately upon approval by the City Council and would expire on September 30, 2013. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 8/13/2013 Page 119 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item G-5 #2013-253 - Approving Purchase of Portable Radios Staff Contact: Steve Lamken Grand Island Council Session - 8/13/2013 Page 120 / 401 Council Agenda Memo From:Steven Lamken, Police Chief Meeting:August 13, 2013 Subject:Purchase of Portable Radios Item #’s:G-5 Presenter(s):Steven Lamken, Police Chief Background We received notice in June of 2013 from Motorola that they will no longer support portable radios with phone patch buttons after June of 2014. This means that we will not be able to get them repaired by authorized Motorola service centers and will not be able to get parts for them. The Police Department needs to begin replacing about 100 portable radios currently in use. This is the first purchase of thirty radios to begin replacing the ones currently in use. Discussion We received notice in June of 2013 from Motorola that they will no longer support portable radios with phone patch buttons after June of 2014. This means that we will not be able to get them repaired by our local authorized Motorola service center. It also means that Motorola will no longer supply repair parts for the radios. The Police Department has approximately 100 Motorola portable radios with the phone patch feature in use at this time. The majority of these radios are 10 years old or older and reaching the end of their life cycle and the Police Department would be faced with beginning to replace them in the near future. The announcement from Motorola has hastened the need to accelerate the replacement schedule. The Department will purchase 30 new portable radios this year and has plans to purchase 40 more next year. We will hopefully complete the switchover in the third budget year. The Department received three quotes from authorized Motorola dealers in the region. While they all have the title of Platte Valley Communications, each of these are independently owned dealerships. The Police Department also contacted National Two- Grand Island Council Session - 8/13/2013 Page 121 / 401 Way Radio, an on-line company. National Two-Way Radio gave a telephone quote of $790.00 for the Motorola 7550 radio with a standard battery. The lowest quote for the purchase of 30 radios is $765.00 per radio with a high capacity battery from Platte Valley Communications of Grand Island. The price quote of $30,990.00 includes 30 extra high capacity batteries, microphones and carrying cases for the radios. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of 30 Motorola XPR 7550 radios and additional accessories from Platte Valley Communications of Grand Island, NE for $30,990.00. Sample Motion Move to approve the purchase of 30 Motorola XPR 7550 radios and additional equipment for $30,990.00 from Platte Valley Communications of Grand Island. Grand Island Council Session - 8/13/2013 Page 122 / 401 Grand Island Council Session - 8/13/2013 Page 123 / 401 Grand Island Council Session - 8/13/2013 Page 124 / 401 Grand Island Council Session - 8/13/2013 Page 125 / 401 Approved as to Form ¤ ___________ August 9, 2013 ¤ City Attorney R E S O L U T I O N 2013-253 WHEREAS, The Police Department needs to purchase portable radios; and WHEREAS, the Police Department is purchasing thirty Motorola XPR7550 radios and accessories; and WHEREAS, Platte Valley Communications of Grand Island has provided the lowest quote of $30,990.00 for the thirty radios and accessories. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the purchase of thirty Motorola XPR7550 radios and accessories from Platte Valley Communications of Grand Island for a cost of $30,990.00. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 13, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/13/2013 Page 126 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item G-6 #2013-254 - Approving Revision of Connection Fees for Water Main District 398T - North Road between Potash Hwy. and Stolley Park Road This item is related to the aforementioned Board of Equalization item D-1. Staff Contact: Tim Luchsinger,Stacy Nonhof Grand Island Council Session - 8/13/2013 Page 127 / 401 Approved as to Form ¤ ___________ August 9, 2013 ¤ City Attorney *This Space Reserved for the Register of Deeds* R E S O L U T I O N 2013-254 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the special benefits as determined by Resolution 2013-BE-5 shall not be levied as special assessments, but shall be certified by this resolution to the Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6,103, R,R,S, 1943. A connection fee in the amount of the benefit identified below accruing to each property in the district shall be paid to the City of Grand Island at the time such property becomes connected to the water main. No property benefited as determined by this resolution shall be connected to the water main until the connection fee is paid. The connection fees collected shall be paid into the fund from which construction costs were made to replenish such fund for the construction costs. According to the equivalent frontage of the respective lots, tracts, and real estate within such Water Main District No. 398T, such benefits are the sums set opposite the descriptions as follows: Name Description Assessment Chief Industries, Inc., a Delaware Corporation Chief/Westgate Subdivision, Lot 1 $3,648.59 Chief Industries, Inc., A Delaware Corporation Chief/Westgate Subdivision, Lot 2 $8,799.02 Chief Industries, Inc., a Delaware Corporation Chief/Westgate Subdivision, Lot 3 $7,142.51 Chief Industries, Inc., a Delaware Corporation Chief/Westgate Subdivision, Lot 4 $6,292.81 TOTAL $25,882.93 --- Adopted by the City Council of the City of Grand Island, Nebraska, on August 13, 2013. _______________________________________ Jay Vavricek, Mayor Attest: __________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/13/2013 Page 128 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item G-7 #2013-255 - Approving Bid Award for Insertable Dust Collectors - Conveyor #2 and #4 at Platte Generating Station Staff Contact: Tim Luchsinger,Stacy Nonhof Grand Island Council Session - 8/13/2013 Page 129 / 401 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney/Purchasing Meeting Date:August 13, 2013 Subject:Insertable Dust Collectors - Conveyor #2 and #4 at Platte Generating Station Item #’s:G-7 Presenter(s):Timothy G. Luchsinger, Utilities Director Background Platte Generating Station utilizes a conveyor system to transport coal from the point where train cars unload to the coal storage pile and additional conveyors to the coal storage bunkers. The conveyor system consists of five separate conveyors. This project involves installation of local dust collection systems on Conveyors #2 & #4 to alleviate airborne particles in those locations by removing dust from the air, compacting it by vacuum, and putting it back on the conveyor belt. Discussion The specifications for the Insertable Dust Collectors-Conveyor #2 and #4 were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on August 1, 2013. Specifications were sent to two potential bidders and responses were received as listed below. The engineer’s estimate for this project was $75,000.00. Bidder Bid Price Martin Engineering $ 65,588.00 The Bids were reviewed by Utility Engineering staff. It is compliant with specifications and less than the engineer’s estimate. Grand Island Council Session - 8/13/2013 Page 130 / 401 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council award the Contract for Insertable Dust Collectors - Conveyor #2 and #4, to Martin Engineering of Neponset, Illinois, as the low responsive bidder, in the amount of $65,588.00. Sample Motion Move to approve the bid of $65,588.00 from Martin Engineering for the Insertable Dust Collectors - Conveyor #2 and #4. Grand Island Council Session - 8/13/2013 Page 131 / 401 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:August 1, 2013 at 2:00 p.m. FOR:Insertable Dust Collectors – Conveyor #2 and #4 DEPARTMENT:Utilities ESTIMATE:$75,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:July 17, 2013 NO. POTENTIAL BIDDERS:1 SUMMARY Bidder:Martin Engineering Neponset, IL Bid Security:Community State Bank Exceptions:Noted Bid Price: Material:$42,340 Labor:$21,282 Sales Tax:$1,966 Total:$65,588 cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhof, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Karen Nagel, Utilities Secretary Ryan Schmitz, Utility Production Eng. P1663 Grand Island Council Session - 8/13/2013 Page 132 / 401 Approved as to Form ¤ ___________ August 9, 2013 ¤ City Attorney R E S O L U T I O N 2013-255 WHEREAS, the City of Grand Island invited sealed bids for Insertable Dust Collectors for Conveyor #2 and Conveyor #4 at Platte Generating Station, according to plans and specifications on file with the Utilities Department; and WHEREAS, on August 1, 2013, bids were received, opened and reviewed; and WHEREAS, Martin Engineering, of Neponset, Illinois, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $65,588.00; and WHEREAS, the bid of Martin Engineering is less than the estimate for the Insertable Dust Collectors for Conveyors #2 and #4 at Platte Generating Station. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Martin Engineering, in the amount of $65,588.00, for Insertable Dust Collectors for Conveyors #2 and #4 at Platte Generating Station, is hereby approved as the lowest responsible bid and that and the Mayor is hereby authorized to, on behalf of the City, execute the contract between the City of Grand Island and Martin Engineering. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 13, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/13/2013 Page 133 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item G-8 #2013-256 - Approving Bid Award for Ortho-Polyphosphate for Corrosion Control - Utilities Department Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 8/13/2013 Page 134 / 401 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney/Purchasing Meeting Date:August 13, 2013 Subject:Purchase of Liquid Ortho-Polyphosphate for Corrosion Control Item #’s:G-8 Presenter(s):Timothy G. Luchsinger, Utilities Director Background The City was issued an Administrative Order by the Nebraska Health and Human Services on March 24, 1998, requiring compliance with the Lead and Copper Rule. Because City water was corrosive enough to leach copper from household plumbing and fixtures in excess of EPA limits, the order required the preparation of an Optimum Corrosion Control Treatment program (OCCT). The OCCT program includes the addition of liquid ortho-polyphosphate solution to the source water to reduce the corrosiveness of the naturally occurring source water. The addition was implemented in May 2003. Subsequent testing of the water system indicates that the goal of reducing corrosiveness, and thus copper levels, to comply with the regulatory order has been achieved. Discussion The Utilities Department solicits bids annually for the treatment solution. The current contract to provide the additive for this year is completed, therefore, specifications for the purchase of Liquid Ortho-Polyphosphate for Corrosion Control for another year were prepared and issued for bid. The specifications require a firm price for the product to maintain the guaranteed dose rate. Bids were publicly opened on August 1, 2013. Three bids were received as listed below. The bids were evaluated based upon the total cost to treat 4.5 billion gallons of water (a high estimate of annual treatment needed). The engineer’s estimate for this project was $175,000.00. Grand Island Council Session - 8/13/2013 Page 135 / 401 Bidder Unit Price/gal Price/mil gal Annual cost Carus Phosphates, Inc.$ 4.788 $19.152 $ 86,184.00 Hawkins, Inc.$ 5.070 $20.280 $ 91,260.00 Shannon Chemical Corporation $ 5.610 $22.440 $100,980.00 Department staff has reviewed the bids for compliance with the City’s detailed specifications. The products proposed by the suppliers are similar in chemical composition, as well as with another product successfully used in the past. The current dosage rate has been approved as part of the OCCT and has proven to achieve compliance with State Health Department regulations. Based on using the same dosage rates, the current supplier, Carus Phosphates, is recommended as the low evaluated bidder. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the purchase of Liquid Ortho-Polyphosphate for Corrosion Control be awarded to Carus Phosphates, Inc., of Peru, Illinois, as the low responsive bidder, for a not-to-exceed price of $19.152 per million gallons of water treated; an annual amount estimate at $86,184.00. The actual annual amount will depend on City water usage. Sample Motion Move to approve bid award for Liquid Ortho-Polyphosphate for Corrosion Control in the amount of $19.152 per million gallons of treated water, to Carus Phosphates, Inc., of Peru, Illinois. Grand Island Council Session - 8/13/2013 Page 136 / 401 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:August 1, 2013 at 2:15 p.m. FOR:Purchase of Liquid Ortho-Polyphosphate for Corrosion Control DEPARTMENT:Utilities ESTIMATE:$175.00 FUND/ACCOUNT:525 PUBLICATION DATE:July 24, 2013 NO. POTENTIAL BIDDERS:8 SUMMARY Bidder:Carus Corporation Hawkins, Inc. Peru, IL Minneapolis, MN Bid Security:International Fidelity Insurance Ohio Famers Insurance Co. Exceptions:None None Unit Price Bid:$4.788 $5.07 Unit Cost of Treatment:$19.152 $20.28 Total Cost:$86,184.00 $91,260.00 Bidder:Shannon Chemical Corporation Exton, PA Bid Security:TD Bank Exceptions:None Unit Price Bid:$5.61 Unit Cost of Treatment:$22.44 Total Cost:$100,980.00 cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhof, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Karen Nagel, Utilities Secretary Emily Muth, Reg./Environmental Mgr. P1664 Grand Island Council Session - 8/13/2013 Page 137 / 401 Approved as to Form ¤ ___________ August 9, 2013 ¤ City Attorney R E S O L U T I O N 2013-256 WHEREAS, the City Water Department invited sealed bids for Liquid Ortho- Polyphosphate for Corrosion Control; and WHEREAS, on August 1, 2013, bids were received, opened and reviewed; and WHEREAS, Carus Phosphates, Inc., of Peru, Illinois, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, for a not to exceed price or $19.152 per million gallons of water treated, at an annual amount estimated at $86,184.00 (the actual annual amount will depend on City water usage); and WHEREAS, the bid of Carus Phosphates, Inc., is less than the estimate for Liquid Ortho-Polyphosphate for Corrosion Control. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Carus Phosphates, Inc., of Peru, Illinois, for a not to exceed price of $19.152 per million gallons of water treated, in an annual amount estimated at $86,184.00, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 13, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/13/2013 Page 138 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item G-9 #2013-257 - Approving Certificate of Final Completion - Water Main Project 2011-W-4 - Merrick County Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 8/13/2013 Page 139 / 401 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Meeting:August 13, 2013 Subject:Final Completion of Water Main Project 2011-W-4 Eastern Hall County and Western Merrick County Item #’s:G-9 Presenter(s):Timothy Luchsinger, Utilities Director Background The Union Pacific Railroad (UPRR) leased property to the former Nebraska Solvents Company (NSC), located at 1200 East Highway 30 (Hwy. 30 and Willow Street), from 1971 to 1988. Various chemicals and industrial solvents stored on-site leached into the groundwater resulting in a plume of contamination impacting private wells. The affected area is generally located between Gunbarrel Road to the west, Beck Road in Merrick County to the east; Capital Avenue on the north, and Ft. Kearney Road on the south. The UPRR’s proposed Remedial Action Plan was to pay for extension of water lines into the area and replace the private wells with City water service. Negotiations between the Railroad and the City resulted in a Water Main Extension Agreement in September 2011. The agreement provided that the Utilities Department would proceed with the design and construction of the water mains in accordance with City standards, and the related costs would be reimbursed by the UPRR. In April 2012, Water Main Project 2011-W-4 was awarded to Van Kirk Brothers Contracting of Sutton, Nebraska to extend City water lines into the area. Please refer to the attached area map. Discussion Final certification testing has been completed and all sections of Water Main Project 2011-W-4 have been placed in service. This completes the installation of all infrastructure by Van Kirk Brothers which includes: 4,140 linear feet of 16” ductile iron main; 21,869 linear feet of 12” ductile iron mains; and 5,830 linear feet of 8” ductile iron mains. The project provides City water service to 165 residential properties. The contracted amount for the work was $3,913,196.43. Grand Island Council Session - 8/13/2013 Page 140 / 401 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for Water Main Project 2011-W-4, extension to Merrick County. Sample Motion Move to approve the Certificate of Final Completion for Water Main Project 2011-W-4. Grand Island Council Session - 8/13/2013 Page 141 / 401 Grand Island Council Session - 8/13/2013 Page 142 / 401 EIGINEER’S CERTIFICATE OF FINAL COMPLETION Water Main Project 2013-W-4 Water Project 2011-W-4 is the extension into Merrick County. The work on this project has been fully completed in accordance with the terms and conditions of the contract and complies with the plans and specifications. Lynn M. Mayhew; P.C. #E-10661 Date I hereby authorize Water Main Project 2011-W-4 to be incorporated into the City of Grand Island water system. Tim Luchsinger, Utilities Director Date Grand Island Council Session - 8/13/2013 Page 143 / 401 Grand Island Council Session - 8/13/2013 Page 144 / 401 Grand Island Council Session - 8/13/2013 Page 145 / 401 Approved as to Form ¤ ___________ August 9, 2013 ¤ City Attorney R E S O L U T I O N 2013-257 WHEREAS, the City Engineer/Public Works Director for the City of Grand Island has issued a Certificate of Final Completion for Water Main Project 2011-W- 4 (Merrick County water extension line) certifying that Van Kirk Brothers Contracting of Sutton, Nebraska, under contract, has completed the water main installation portion of such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendations of the Utilities Director and the Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Water Main Project 2011-W-4 is hereby accepted. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 13, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/13/2013 Page 146 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item G-10 #2013-258 - Approving Lease Purchase of a Combination Sewer Cleaner Truck for the Streets Division of the Public Works Department Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 8/13/2013 Page 147 / 401 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:August 13, 2013 Subject:Approving Lease Purchase of a Combination Sewer Cleaner Truck for the Streets Division of the Public Works Department Item #’s:G-10 Presenter(s):John Collins PE, Public Works Director Background On May 2, 2013 a Request for Proposals (RFP) for Combination Sewer Cleaner Truck for the Streets Division of the Public Works Department was advertised in the Grand Island Independent and sent to five (5) potential proposers. The Streets Division currently owns and uses three (3) pieces of equipment (listed below) to clean storm water catch basins, manholes, and flush storm sewer pipes. The Combination Sewer Cleaner Truck will replace all three (3) currently owned pieces of equipment because it is a multi-purpose machine that will vacuum and flush simultaneously. This equipment will allow more work to be performed with less people by eliminating the need for multiple pieces of equipment on-site. Currently Owned Equipment to be Eliminated: 1. 1977 Flusher Truck, Ford F-600 (trade-in) 2. 1993 Trailer Mounted Jays Vac-All (transfer ownership) 3. 2004 Vac-All, GMC T-7500, 10 CY (trade-in) The cleaning of storm sewer pipes has rarely occurred within the City and as a result there has been a loss of capacity. Routine cleaning of storm sewer pipes will assist with better drainage which has a direct effect on pavement life and the cost to maintain it. Grand Island Council Session - 8/13/2013 Page 148 / 401 Discussion Five (5) proposals were opened on May 22, 2013 and thoroughly reviewed by a committee comprised of five (5) staff from the Streets Division, Fleet Services Division, and the Wastewater Division. The proposals were evaluated on the following criteria: POINTS Quality of product / services and ability to furnish the products and services required by the City 40 Ability to provide initial training and long-term training for City personnel 30 Costs associated with products and services 20 Value offered for Trade-In Equipment 10 TOTAL POINTS 100 Nebraska Environmental Products received the highest ranking by the committee based on the established criteria. Options and lease terms were negotiated for the purchase of the equipment and all associated training and services: Purchase Price:$338,370 Trade-In – Flusher Truck $500.00 Trade-In – Trailer Vac (transfer) Trade-In – GMC Vac-All $26,500 Net Price:$311,370 Finance Company:Key Government Finance, Inc. Advance Payment:$135,000 Remaining Amount:$176,370 Interest Rate:2.95% Annual Payments 5 at $37,629.77 Total Repayment Amount $323,148.85 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 8/13/2013 Page 149 / 401 Recommendation City Administration recommends that the Council approve the lease purchase of a Combination Sewer Cleaner Truck with Nebraska Environmental Products of Lincoln, NE. Sample Motion Move to approve the lease purchase of a Combination Sewer Cleaner Truck with Nebraska Environmental Products of Lincoln, NE. Grand Island Council Session - 8/13/2013 Page 150 / 401 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR COMBINATION SEWER CLEANER TRUCK RFP DUE DATE:May 22, 2013 at 4:00 p.m. DEPARTMENT:Public Works PUBLICATION DATE:May 2, 2013 NO. POTENTIAL BIDDERS:5 SUMMARY OF PROPOSALS RECEIVED Mid-Iowa Solid Waste Equipment Co.Rose Equipment, Inc. Johnston, IA Lincoln, NE Municipal Pipe Tool Company, LLC Nebraska Environmental Products Hudson, IA Lincoln, NE Elliot Sanitation Equipment Co. Lincoln, NE cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Mary Lou Brown, City Administrator Jaye Monter, Interim Finance Director Stacy Nonhof, Purchasing Agent Shannon Callahan, Street Superintendent P1650 Grand Island Council Session - 8/13/2013 Page 151 / 401 Grand Island Council Session - 8/13/2013 Page 152 / 401 For over 40 years, Vactor® has been much more than a provider of equipment. We’re a provider of solutions – doing whatever it takes to efficiently maintain and clean sewers whenever duty calls. We constantly search for new ways to make the job safer, easier and more efficient from beginning to end. That relentless search lead us to develop the Vactor 2100 Plus. Whether it’s a Fan or Positive Displacement Model, every Vactor 2100 Plus is built to your exact needs with quality-tested components and backed by the most experienced dealer network in the industry. those who know sewer cleaning know who to count on when the rain is falling and the waters are rising. they know the proven powerful partner, Vactor. • Vactor is one of a handful of companies to offer both PD and Fan platforms. • Once our team helps you select the platform that is right for you, your Vactor will be built to your exact specifications. • Our exclusive Modul-Flex design process allows us to configure the unit modules to your specific needs, including optional features. • We introduced the 2100 Series over 20 years ago, which continues to set the standard in the industry today. • Vactor products are painted prior to the assembly process, tested to ensure quality and proudly assembled in the U.S.A. using only the finest materials. • Vactor is an ISO 9001 certified company. • Available during the entire life of the product, Vactor offers a facility dedicated to training you and your team on the usage of your Vactor equipment. • With your new Vactor comes an entire team of factory-trained service experts to ensure the very best in maintenance and repair for absolute peace of mind. Vactor celebrates over 40 years as your powerful sewer cleaning partner. CUSTOMIzED S O L U T I O N S POWErFUL S U P P O r T UNMATChED Q U A L I T Y 1 Grand Island Council Session - 8/13/2013 Page 153 / 401 ALL-NEW, ADVANCED ELECTrONICS Our exclusive IntelliView™ electronic system with easy-to-read screen makes operation easier and safer thanks to its diagnostic, trouble- shooting and safety check capabilities. From displaying the blower temperature to monitoring flow, pressure and system diagnostics, IntelliView saves time and money and helps keep operators safe. In addition, we now include more wireless functions such as e-stop which brings the unit to a safe condition, protecting both the operator and equipment, hose reel pay in and out and speed control as optional features. QUIETEr, SAFEr, EASIEr TO USE When you add up all the details – quieter engine and water pump systems, new long-handle tool storage, higher ground clearance to navigate through off-road obstructions, twist-and-lock pipe storage that’s positioned lower on the truck, lower water fill point for operator convenience, as well as E-stops at all operator control points on the unit – it’s easy to see how the Vactor 2100 Plus offers an overall better experience for the operator. SMArTEr SYSTEMS FOr BETTEr PErFOrMANCE As the industry innovator, Vactor 2100 Plus features a host of advanced systems that not only offer better performance, but also operate more efficiently. For instance, our exclusive multi-flow system allows you to set flow at a lower rpm, which results in better fuel efficiency without sacrificing performance. In addition, details such as a lighter, more balanced fan design (Fan Model) allow for superior airflow (20% increased vacuum pressure*), while a revamped air-routing and filtration system make getting the job done faster, safer and m ore efficient. EVEN MOrE EFFICIENT With everyone looking to save on fuel costs, we made efficiency a top priority. that’s why we’ve improved many of our systems – from the chassis engine to the fan and blower systems to the auxiliary engine – to provide you with the performance you want and up to 34% better fuel economy than the current 2100 configuration. But the efficiencies don’t stop with fuel. you’ll use up to 10% less water thanks to the revamped pump controls and nozzle technology. *When compared to current two-stage fans. MAkINg ThE BEST EVEN BETTEr. 2 Grand Island Council Session - 8/13/2013 Page 154 / 401 From big features such as our powerful Jet rodder® Water Pump to small details like hand sanitizer dispensers in the tool boxes, we left no stone unturned when it came to making the Vactor 2100 Plus better than ever – and with more standard features than ever before. C A B C. rotating up to 180 degrees, our fully hydraulic boom allows you to place the vacuum hose in hard-to-reach areas. In addition, the hose reel telescopes forward and backward up to 15 inches to allow for cleaning multiple inlets without moving the truck. ~ Positioned to prevent back strain, our exclusive twist- and-lock pipe storage offers additional storage area and makes it easy to load and unload additional pipe – with no loose straps to worry about. D. Depending on your specific needs, Vactor offers both centrifugal compressor (shown below) and Positive Displacement Models. Performing at greater depths with increased debris volume and velocity, our fan vacuum system (D) employs a lightweight, perfectly balanced 38-inch (965 mm) diameter aluminum fan for smoother, safer airflow, while its chrome-hardened impeller and 1/4-inch (6.35 mm) spun steel housing provide longer life. In addition, the vacuum is powered by a step-up transmission with helical gears for increased fan speed. ~ allowing you to set water flow at a lower rpm than competitive models, our exclusive multi-flow system – now standard on the Vactor 2100 Plus – uses less fuel while simultaneously helping you clean more effectively. A. Gathering all functions into one smart, centrally located system, our all-new IntelliView display provides diagnostics on the machine’s readings, prevents operators from changing settings that may compromise safety, helps operators locate machine errors or issues and offers a troubleshooting tool to quickly diagnose fault codes or operational problems. B. the hose reel, nozzle storage*, tool boxes* and controls are all located at the front of the unit for quicker access, increasing productivity and safety. In addition, the pivoting control arm and rotating hose reel create a flexible, expansive work area. SMArTEr, TOUghEr AND MOrE EFFICIENT. FrOM FrONT TO BACk. See page 5 for more information on our PD Model. 3 Grand Island Council Session - 8/13/2013 Page 155 / 401 E ~ new ergonomic access to the ultra-quiet auxiliary engine allows for easier engine maintenance. (Fan Model only) E. new, repositioned water fill makes refilling the water tanks quicker and easier. and even though our exclusive aluminum water tanks are constructed to resist corrosion and cracking for up to 10 years, its modular design allows for fast replacements – getting you back on the job as quickly as possible. F. Our unique debris body design shields the operator from potential contamination and allows maximum separation of materials in a variety of payload offerings. ~ The rear-mounted float balls and screens protect the operator from debris exposure, while the float cages are easily removed without tools for cleaning and inspection. G. to accommodate the increase in air-routing performance, we’ve enhanced the centrifugal cyclones*, which in turn improve air filtration. Plus their new rear location allows for easier clean-outs. H. Our standard 60-inch high dump allows you to unload debris into roll-offs up to 5-feet high without requiring a lift or ramp. This allows your cleanup crew to empty into containers on-site, which results in fewer vehicle trips, saving you time and fuel costs. D F G H SMArTEr, TOUghEr AND MOrE EFFICIENT. FrOM FrONT TO BACk. Designed specifically to clean sewers, our exclusive Jet Rodder Water Pump utilizes a slow pump stroke to deliver maximum, continuous flow and pressure with minimal wear. this jackhammer action provides optimal cleaning capability, and since the pump is hydraulic and utilizes a single piston, no belts or other breakdown-prone components are required. If any maintenance is needed, however, its side-mounted position allows for easy access. 4*Optional Equipment Grand Island Council Session - 8/13/2013 Page 156 / 401 If your job calls for PD technology as opposed to a fan vacuum system, our PD Model offers all of these features and more. Our PD blower is chassis-driven directly through a 475 hp continuous-duty transfer case. This not only boosts efficiency and reliability, it also eliminates belts, pulleys, clutches, driveline slip and maintenance. an inlet volume of up to 5,000 cfm and 18 hg significantly increases the velocity pull at greater working depths. the most productive of its kind, our multi-stage blower filtration system features dual air ports which maximize material separation in the debris body, stainless steel ball shutoffs to prevent liquid debris carryover, centrifugal cyclones, which remove escaped particles and condensation, and stainless steel screen strainers which protect the blower from particles as small as 750 microns. Operators have convenient and quick access to the filter screens and quick release pins to remove the float ball screens. the cyclone dump chutes are at the rear of the unit, making the Vactor 2100 one of the most user friendly combination units available. VACTOr 2100 PLUS POSITIVE DISPLACEMENT (PD) MODEL Easy Access to Filter ScreensOperator-Friendly Valve Station 5 Grand Island Council Session - 8/13/2013 Page 157 / 401 • Cold weather recirculation system • Liquid debris pump-off system • Debris flush-out system • Fail-safe hydraulic door – locking system • Water tank capacity up to 1,500 gal (5.678 L) • Pump delivery system up to 120 gpm • hose reel capacity up to 1,000 ft (305 m) • Accumulator • Dual-stage centrifugal compressor • Dual boom controls • Automatic hose level wind guide Over 100 precision-engineered safety and productivity enhancements including: Wireless Belly Pack • Allows remote operation and access to diagnostics readings • Provides multiple control functions, including hose reel control, boom control, e-stop and more • Easy to use, while increasing safety and efficiency HydroExcavation Kit this valuable product enhancement allows for more utilization of the equipment by providing a factory installed and purpose build hydro excavation kit on the combination sewer cleaner. the owner then has the capability to safely excavate or locate without damaging buried utilities. Our factory installed kit adheres to industry accepted practices. Armor Belt Series Hoses • Patented polymer belting specifically engineered for today’s extreme conditions • Exterior cover offers twice the protection of a standard thermoplastic hose cover to eliminate cover peel, cutting and crushing • Unique design also reduces hose drag while moving through the pipe • Integrated locator wire inside of the hose allows you to track the hose location within the pipe Vactor OEM Nozzles • A complete line of penetrating, flushing, spinning and cutting nozzles deliver the right type of performance, all at an economical price • Designed for a wide range of pipe diameters, run lengths and applications • Crafted from low-carbon work- hardened steel with a corrosion- resistant coating that is harder than stainless • Interchangeable, wear-resistant tungsten carbide inserts yield a longer nozzle life OPTIONAL FEATUrES 5 X 5 Boom the 5 x 5 boom telescopes outward five feet and allows the hose to move downward an additional five feet, providing a dramatic increase in boom coverage and reducing tear down and set up between catch basins while cleaning, en- hancing productivity. Safety Enhancements Vactor offers a wide range of safety enhancements from hazard warn- ing lights, directional arrowboards, backup cameras and more. 6 Grand Island Council Session - 8/13/2013 Page 158 / 401 Warranty the Vactor 2100 series is warranted against defects in material or workmanship for a period of 12 months from the date of delivery to the original purchase, 5 years on the centrifugal compressor and 10 years on the water tanks. Optional extended warranty packages are available. Consult your Vactor dealer for complete warranty information. vactor.com Vactor Manufacturing, Inc. • 1621 South Illinois Street • Streator, IL 61364 U.S.A. (815) 672-3171 Phone • (815) 672-2779 Fax Specifications subject to change without notice. Some products shown with optional equipment. Effective Date 01/11 P/N 00107-B ©2011 Vactor Manufacturing. Federal Signal Corporation is listed in the NYSE by the symbol FSS. Vactor is a subsidiary of Federal Signal Corporation. Instead of one-size-fits- all solutions, we’ll work with you to configure your Vactor to meet your specific needs. Your Partner in the PLanninG We’re here to help you maintain your Vactor and train your operators to ensure the job is done right. Your Partner in the StreetS Our dealers don’t just sell you a Vactor; they’re here to answer your questions and get you back on the job as quickly as possible. Your Partner into the Future Grand Island Council Session - 8/13/2013 Page 159 / 401 Key Government Finance is pleased to present the following proposal for the transaction described below: LESSOR: Key Government Finance, Inc. LESSEE: City of Grand Island PROPERTY: 2014 Vactor 2110 EXPIRATION: August 15, 2013 LEASE QUOTE: Amount Rate Advance Payment Remaining Payment(s) Pmts / Year Term Adv. / Arr. $311,370.00 2.95% $135,000.00 5 @ $37,629.77 1 63 Months Advance LEASE: This is a tax-exempt, municipal government lease with the title to the property passing to Lessee. This is a net lease under which, all costs, including insurance, maintenance and taxes, are paid by Lessee for the term of the lease. NOTES: - Transaction must fund/fund to escrow by lease proposal expiration date. - First billed annual payment of $37,629.77 due November 15, 2013 with subsequent annual payments due on the same date every year thereafter until lease is paid in full. APPROVAL: This proposal, until credit approved, serves as a quotation, not a commitment by Lessor to provide credit or property. Lessor acceptance of this Proposal is subject to credit; collateral and essential use review and approval by Lessor. The interest rate quoted herein assumes that the interest component of the Payments is exempt from federal income tax. Lessor will provide a taxable financing proposal if it is determined that the financing will not qualify for tax-exempt interest rates. The financing contemplated by this proposal is subject to the execution and delivery of all appropriate documents (in form and substance satisfactory to Lessor), including without limitation, to the extent applicable, the Master Lease Agreement, any Schedule, financing statements, legal opinion or other documents or agreements reasonably required by Lessor. Thank you for the opportunity to present this proposal. If you have any questions, please contact me at my number or e- mail address below. If you wish to accept this proposal, please do so by signing below and returning this proposal to me via FAX or e-mail. Upon receipt of this proposal, Lessor will promptly begin its credit, collateral and essential use review process. Sincerely, Amanda Carter Direct: 952.465-3952 amanda.carter@key.com Proposal Accepted by Lessee: By: Title: Date: July 24, 2013 Key Government Finance, Inc. 1000 South McCaslin Blvd. Superior, CO 80027 720-304-1285, 1479 (FAX) Grand Island Council Session - 8/13/2013 Page 160 / 401 Approved as to Form ¤ ___________ August 9, 2013 ¤ City Attorney R E S O L U T I O N 2013-258 WHEREAS, the City of Grand Island invited proposals for a Combination Sewer Cleaner Truck, according to Request for Proposals on file with the Public Works Department; and WHEREAS, on May 22, 2013 proposals were received, reviewed, and evaluated in accordance with established criteria; and WHEREAS, Nebraska Environmental Products of Lincoln, Nebraska submitted a proposal in accordance with the terms of the Request for Proposals and received the highest ranking based on the established criteria. WHEREAS, the options and lease purchase terms were negotiated for a net purchase price of $311,370; and WHEREAS, such amount will be financed by Key Government Finance, Inc. of Superior, Colorado; and WHEREAS, a payment of $135,000.00 will be paid in advance; and WHEREAS, the remaining five (5) annual payments will be in the amount of $37,629.77; and WHEREAS, the total repayment amount will be $323,148.85. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the lease purchase of a Combination Sewer Cleaner Truck from Nebraska Environmental Products of Lincoln, Nebraska is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 13, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/13/2013 Page 161 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item G-11 #2013-259 - Approving Acquisition of Utility Easement for Sanitary Sewer District No. 528 - Wildwood Subdivision (Lawney L. Rathman and Mitchell H. Stauffer) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 8/13/2013 Page 162 / 401 Council Agenda Memo From:Terry Brown PE, Manager of Engineering Services Meeting:August 13, 2013 Subject:Approving Acquisition of Utility Easement for Sanitary Sewer District No. 528 - Wildwood Subdivision (Lawney L. Rathman and Mitchell H. Stauffer) Item #’s:G-11 Presenter(s):John Collins PE, Public Works Director Background Public utility easements are needed to accommodate the extension of sanitary sewer to the Wildwood Subdivision. The public utility easement will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of sanitary sewer within the easements. Such sanitary sewer district was continued by City Council through Resolution No. 2011- 277 at the September 27, 2011 meeting. Discussion The purchase price of the necessary public utility easements is as follows, and has been awarded through the Hall County Court. Property Owner Legal Description Amount Lawney L. Rathman A portion of the Southeast Quarter of the Northeast Quarter (SE ¼, NE ¼) of Section Twelve (12), Township Ten (10) North, Range Ten (10) West of the 6th p.m. in the City of Grand Island, Hall County, Nebraska; and more particularly described as: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE ¼, NE ¼) OF SAID SECTION TWELVE (12), RUNNING $1,602.00 Grand Island Council Session - 8/13/2013 Page 163 / 401 THENCE WEST AND A DISTANCE OF ONE HUNDRED SEVENTY SEVEN (177) FEET UPON AND ALONG THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE ¼, NE ¼) OF SAID SECTION TWELVE (12) AND THE TRUE POINT OF BEGINNING; RUNNING THENCE SOUTH A DISTANCE OF ONE HUNDRED FORTY (140.0) FEET UPON AND ALONG THE WESTERLY RIGHT-OF-WAY LINE OF STATE OF NEBRASKA HIGHWAY 281/34 TO A POINT; RUNNING THENCE WESTERLY AND PARALLEL WITH THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE ¼, NE ¼) OF SAID SECTION TWELVE (12) AND A DISTANCE OF FORTY (40.0) FEET TO A POINT; RUNNING THENCE NORTHERLY AND PARALLEL WITH THE WESTERLY RIGHT-OF-WAY LINE OF STATE OF NEBRASKA HIGHWAY 281/34 AND A DISTANCE OF ONE HUNDRED FORTY (140.0) FEET TO A POINT; RUNNING THENCE EASTERLY UPON AND ALONG THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE ¼, NE ¼) OF SAID SECTION TWELVE (12) AND A DISTANCE OF FORTY (40.0) FEET TO THE POINT OF BEGINNING, ALL OF SAID LAND BEING IN SECTION TWELVE (12), TOWNSHIP TEN (10) NORTH, RANGE (10) WEST OF THE 6TH P.M. IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. THE ABOVE DESCRIBED EASEMENT AND RIGHT-OF-WAY CONTAINING A TOTAL OF 0.128 ACRES, MORE OR LESS Mitchell H. Stauffer A portion of the Southeast Quarter of the Northeast Quarter (SE ¼, NE ¼) and a part of the East Half of the Southeast Quarter (E ½, SE ¼) of Section 1, Township 10 North, Range 10 West of the 6th p.m. in the City of Grand Island, Hall County, Nebraska and more particularly described $15,847.00 Grand Island Council Session - 8/13/2013 Page 164 / 401 as: BEGINNING AT A POINT WHERE THE WEST RIGHT-OF-WAY LINE OF US HIGHWAY 281 & US HIGHWAY 34 INTERSECTS THE NORTH LINE OF WILDWOOD DRIVE, THENCE NORTHERLY ON THE WEST LINE OF US HIGHWAY 281 & US HIGHWAY 34 FOR A DISTANCE OF 1,215.64 FEET, THENCE WESTERLY ON A LINE PERPENDICULAR TO THE WEST LINE OF US HIGHWAY 281 & US HIGHWAY 34 FOR A DISTANCE OF 40.0 FEET, THENCE SOUTHERLY ON A LINE 40.0 FEET WEST OF AND PARALLEL TO THE WEST LINE OF US HIGHWAY 281 & US HIGHWAY 34 TO A POINT ON THE NORTH LINE OF WILDWOOD DRIVE, THENCE EASTERLY ON THE NORTH LINE OF WILDWOOD DRIVE FOR A DISTANCE OF 40.0 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED EASEMENT AND RIGHT-OF-WAY CONTAINS A TOTAL OF 1.12 ACRES MORE OR LESS. TOTAL EASEMENT PAYMENTS = $17,449.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve acquisition of the necessary Public Utility Easements. Sample Motion Move to approve the acquisition of the necessary Public Utility Easements. Grand Island Council Session - 8/13/2013 Page 165 / 401 Grand Island Council Session - 8/13/2013 Page 166 / 401 Grand Island Council Session - 8/13/2013 Page 167 / 401 Grand Island Council Session - 8/13/2013 Page 168 / 401 Grand Island Council Session - 8/13/2013 Page 169 / 401 Grand Island Council Session - 8/13/2013 Page 170 / 401 Grand Island Council Session - 8/13/2013 Page 171 / 401 Grand Island Council Session - 8/13/2013 Page 172 / 401 Grand Island Council Session - 8/13/2013 Page 173 / 401 Grand Island Council Session - 8/13/2013 Page 174 / 401 Grand Island Council Session - 8/13/2013 Page 175 / 401 Grand Island Council Session - 8/13/2013 Page 176 / 401 Grand Island Council Session - 8/13/2013 Page 177 / 401 Grand Island Council Session - 8/13/2013 Page 178 / 401 Grand Island Council Session - 8/13/2013 Page 179 / 401 Approved as to Form ¤ ___________ August 9, 2013 ¤ City Attorney R E S O L U T I O N 2013-259 WHEREAS, a public utility easement is required by the City of Grand Island for the Sanitary Sewer District No. 528 – Wildwood Subdivision, to construct and maintain such project; and WHEREAS, acquisition of the public utility easement is as follows: Lawney L. Rathman – .128 Acres @ $12,515.63/acre = $1,602.00 A portion of the Southeast Quarter of the Northeast Quarter (SE ¼, NE ¼) of Section Twelve (12), Township Ten (10) North, Range Ten (10) West of the 6th p.m. in the City of Grand Island, Hall County, Nebraska; and more particularly described as: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE ¼, NE ¼) OF SAID SECTION TWELVE (12), RUNNING THENCE WEST AND A DISTANCE OF ONE HUNDRED SEVENTY SEVEN (177) FEET UPON AND ALONG THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE ¼, NE ¼) OF SAID SECTION TWELVE (12) AND THE TRUE POINT OF BEGINNING; RUNNING THENCE SOUTH A DISTANCE OF ONE HUNDRED FORTY (140.0) FEET UPON AND ALONG THE WESTERLY RIGHT-OF-WAY LINE OF STATE OF NEBRASKA HIGHWAY 281/34 TO A POINT; RUNNING THENCE WESTERLY AND PARALLEL WITH THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE ¼, NE ¼) OF SAID SECTION TWELVE (12) AND A DISTANCE OF FORTY (40.0) FEET TO A POINT; RUNNING THENCE NORTHERLY AND PARALLEL WITH THE WESTERLY RIGHT-OF-WAY LINE OF STATE OF NEBRASKA HIGHWAY 281/34 AND A DISTANCE OF ONE HUNDRED FORTY (140.0) FEET TO A POINT; RUNNING THENCE EASTERLY UPON AND ALONG THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE ¼, NE ¼) OF SAID SECTION TWELVE (12) AND A DISTANCE OF FORTY (40.0) FEET TO THE POINT OF BEGINNING, ALL OF SAID LAND BEING IN SECTION TWELVE (12), TOWNSHIP TEN (10) NORTH, RANGE (10) WEST OF THE 6TH P.M. IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. THE ABOVE DESCRIBED EASEMENT AND RIGHT-OF-WAY CONTAINING A TOTAL OF 0.128 ACRES, MORE OR LESS Mitchell H. Stauffer – 1.12 Acres @ $14,149.11/acre = $15,847.00 A portion of the Southeast Quarter of the Northeast Quarter (SE ¼, NE ¼) and a part of the East Half of the Southeast Quarter (E ½, SE ¼) of Section 1, Township 10 North, Range 10 West of the 6th p.m. in the City of Grand Island, Hall County, Nebraska and more particularly described as: BEGINNING AT A POINT WHERE THE WEST RIGHT-OF-WAY LINE OF US HIGHWAY 281 & US HIGHWAY 34 INTERSECTS THE NORTH LINE OF WILDWOOD DRIVE, THENCE NORTHERLY ON THE WEST LINE OF US HIGHWAY 281 & US HIGHWAY 34 FOR A DISTANCE OF 1,215.64 FEET, THENCE WESTERLY ON A LINE PERPENDICULAR TO THE WEST LINE OF US HIGHWAY 281 & US HIGHWAY 34 FOR A DISTANCE OF 40.0 FEET, THENCE SOUTHERLY ON A LINE 40.0 FEET WEST OF AND PARALLEL TO THE WEST LINE OF US HIGHWAY 281 & US HIGHWAY 34 TO A POINT ON THE NORTH LINE OF WILDWOOD DRIVE, THENCE EASTERLY ON THE NORTH LINE OF WILDWOOD DRIVE FOR A DISTANCE Grand Island Council Session - 8/13/2013 Page 180 / 401 - 2 - OF 40.0 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED EASEMENT AND RIGHT-OF-WAY CONTAINS A TOTAL OF 1.12 ACRES MORE OR LESS. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire such public utility easement Lawney L. Rathman and Mitchell H. Stauffer, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 13, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/13/2013 Page 181 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item G-12 #2013-260 - Approving Temporary Construction Easement for Sanitary Sewer District No. 528 – Wildwood Subdivision (Lawney L. Rathman and Mitchell H. Stauffer) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 8/13/2013 Page 182 / 401 Council Agenda Memo From:Terry Brown PE, Manager of Engineering Services Meeting:August 13, 2013 Subject:Approving Temporary Construction Easement for Sanitary Sewer District No. 528 – Wildwood Subdivision (Lawney L. Rathman and Mitchell H. Stauffer) Item #’s:G-12 Presenter(s):John Collins PE, Public Works Director Background Sanitary Sewer District No. 281; Wildwood Subdivision was continued by City Council through Resolution No. 2011-277 at the September 27, 2011 meeting. Temporary Construction easements are needed to accommodate the extension of sanitary sewer to the Wildwood Subdivision, which must be approved by City Council. The temporary construction easements will allow for the installation of sanitary sewer to this area. A sketch is attached to show the temporary construction easement areas. Discussion A temporary construction easement is needed from two (2) property owners for Sanitary Sewer District No. 528; Wildwood Subdivision to be constructed. Value of each tract was derived by a Report of Appraisers and approved by Hall County Court. Property Owner Legal Description Amount Lawney L. Rathman A portion of the Southeast Quarter of the Northeast Quarter (SE ¼, NE ¼) of Section Twelve (12), Township Ten (10) North, Range Ten (10) West of the 6th p.m. in the City of Grand Island, Hall County, Nebraska; the Eighty (80.0) foot wide area for temporary construction occupancy being more particularly described as follows: $719.00 Grand Island Council Session - 8/13/2013 Page 183 / 401 Commencing at the Northeast Corner of said Southeast Quarter of the Northeast Quarter (SE ¼, NE ¼) of said section Twelve (12), running thence West and distance of Two Hundred Seventeen (217) feet upon and along the Northerly line of the Southeast Quarter of the Northeast Quarter (SE ¼, NE ¼) of said section Twelve (12) and the True Point of Beginning; running thence South a distance of One Hundred Forty (140.0) feet upon and along the Westerly right-of-way line of State of Nebraska Highway 281/34 to a point; running thence Westerly and parallel with the Northerly line of the Southeast Quarter of the Northeast Quarter (SE ¼, NE ¼) of said section Twelve (12) and a distance of Eighty (80.0) feet to a point; running thence Northerly and parallel with the Westerly right-of-way line of State of Nebraska Highway 281/34 and a distance of One Hundred Forty (140.0) feet to a point; running thence Easterly upon and along the Northerly line of the Southeast Quarter of the Northeast Quarter (SE ¼, NE ¼) of said section Twelve (12) and a distance of Eighty (80.0) feet to the point of beginning, all of said land being in Section Twelve (12), Township Ten (10) North, Range Ten (10) West of the 6th p.m. in the City of Grand Island, Hall County, Nebraska. The above described easement and right-of-way containing a total of 0.257 acres, more or less. Mitchell H. Stauffer A portion of the Southeast Quarter of the Northeast Quarter (SE ¼, NE ¼) and part of the East Half of the Southeast Quarter (E ½, SE ¼) of Section 1, Township 10 North, Range 10 West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska; the Eight (80.0) foot wide area for temporary construction occupancy being more particularly described as: Beginning at a point on the north right-of-way line of Wildwood Drive, said point being 40.0 feet west of the west line of US Highway 281 & US Highway 34, thence continuing westerly on the north line of Wildwood Drive for a distance of 80.0 feet, thence northerly on a line 120.0 feet west of and parallel to the west line of US Highway 281 & US Highway 34 to the north line of the Southeast Quarter of Southeast Quarter Section One (1), Township Ten (10) North, Range Ten (10), thence easterly on the north line of SE ¼, SE ¼ Section One (1), Township Ten (10) North, Range (10) to the west line of US Highway 281 & US Highway 34, thence southerly on the west line of US Highway 281 & US Highway 34 for a distance of 71.4 feet +/-, thence westerly on a line perpendicular to the west line of US Highway 281 & US Highway 34 for a distance of 40.0 feet, thence southerly on a line 40.0 feet west of and parallel to the west line of US Highway 281 & US Highway 34 to the point of beginning. $4,491.00 Grand Island Council Session - 8/13/2013 Page 184 / 401 The above described easement and right-of-way containing a total of 2.24 acres, more or less. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Temporary Construction Easements between the City of Grand Island and the affected property owners for Sanitary Sewer District No. 528; Wildwood Subdivision, in the amount of $5,210.00. Sample Motion Move to approve the temporary construction easements. Grand Island Council Session - 8/13/2013 Page 185 / 401 Grand Island Council Session - 8/13/2013 Page 186 / 401 Grand Island Council Session - 8/13/2013 Page 187 / 401 Grand Island Council Session - 8/13/2013 Page 188 / 401 Grand Island Council Session - 8/13/2013 Page 189 / 401 Grand Island Council Session - 8/13/2013 Page 190 / 401 Grand Island Council Session - 8/13/2013 Page 191 / 401 Grand Island Council Session - 8/13/2013 Page 192 / 401 Grand Island Council Session - 8/13/2013 Page 193 / 401 Grand Island Council Session - 8/13/2013 Page 194 / 401 Grand Island Council Session - 8/13/2013 Page 195 / 401 Grand Island Council Session - 8/13/2013 Page 196 / 401 Grand Island Council Session - 8/13/2013 Page 197 / 401 Grand Island Council Session - 8/13/2013 Page 198 / 401 Grand Island Council Session - 8/13/2013 Page 199 / 401 Approved as to Form ¤ ___________ August 9, 2013 ¤ City Attorney R E S O L U T I O N 2013-260 WHEREAS, temporary construction easements are required by the City of Grand Island, from affected property owners in the Sanitary Sewer District No. 528; Wildwood Subdivision project area: Lawney L. Rathman – .257 Acres @ $2,797.67/acre = $719.00 A portion of the Southeast Quarter of the Northeast Quarter (SE ¼, NE ¼) of Section Twelve (12), Township Ten (10) North, Range Ten (10) West of the 6th p.m. in the City of Grand Island, Hall County, Nebraska; the Eighty (80.0) foot wide area for temporary construction occupancy being more particularly described as follows: Commencing at the Northeast Corner of said Southeast Quarter of the Northeast Quarter (SE ¼, NE ¼) of said section Twelve (12), running thence West and distance of Two Hundred Seventeen (217) feet upon and along the Northerly line of the Southeast Quarter of the Northeast Quarter (SE ¼, NE ¼) of said section Twelve (12) and the True Point of Beginning; running thence South a distance of One Hundred Forty (140.0) feet upon and along the Westerly right-of-way line of State of Nebraska Highway 281/34 to a point; running thence Westerly and parallel with the Northerly line of the Southeast Quarter of the Northeast Quarter (SE ¼, NE ¼) of said section Twelve (12) and a distance of Eighty (80.0) feet to a point; running thence Northerly and parallel with the Westerly right-of-way line of State of Nebraska Highway 281/34 and a distance of One Hundred Forty (140.0) feet to a point; running thence Easterly upon and along the Northerly line of the Southeast Quarter of the Northeast Quarter (SE ¼, NE ¼) of said section Twelve (12) and a distance of Eighty (80.0) feet to the point of beginning, all of said land being in Section Twelve (12), Township Ten (10) North, Range Ten (10) West of the 6th p.m. in the City of Grand Island, Hall County, Nebraska. The above described easement and right-of-way containing a total of 0.257 acres, more or less. Mitchell H. Stauffer – 2.24 Acres @ $2,004.91/acre = $4,491.00 A portion of the Southeast Quarter of the Northeast Quarter (SE ¼, NE ¼) and part of the East Half of the Southeast Quarter (E ½, SE ¼) of Section 1, Township 10 North, Range 10 West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska; the Eight (80.0) foot wide area for temporary construction occupancy being more particularly described as: Beginning at a point on the north right-of-way line of Wildwood Drive, said point being 40.0 feet west of the west line of US Highway 281 & US Highway 34, thence continuing westerly on the north line of Wildwood Drive for a distance of 80.0 feet, thence northerly on a line 120.0 feet west of and parallel to the west line of US Highway 281 & US Highway 34 to the north line of the Southeast Quarter of Southeast Quarter Section One (1), Township Ten (10) North, Range Ten (10), thence easterly on the north line of SE ¼, SE ¼ Section One (1), Township Ten (10) North, Range (10) to the west line of US Highway 281 & US Highway 34, thence southerly on the west line of US Highway 281 & US Highway 34 for a distance of 71.4 feet +/-, thence westerly on a line perpendicular to the west line of US Highway 281 & US Highway 34 for a distance of 40.0 feet, thence southerly on a line 40.0 feet west of and parallel to the west line of US Highway 281 & US Highway 34 to the point of beginning. The above described easement and right-of-way containing a total of 2.24 acres, more or less. Grand Island Council Session - 8/13/2013 Page 200 / 401 - 2 - WHEREAS, an such Temporary Construction easements have been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to compensate the affected property owners for the Temporary Construction easement on the above described tracts of land, in the total amount of $5,210.00. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 13, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/13/2013 Page 201 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item G-13 #2013-261 - Approving Compensation for Temporary Construction Easement Cleanup for Sanitary Sewer District No. 528 -Wildwood Subdivision; Tennant – Plains Irrigation Sales & Service, Inc. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 8/13/2013 Page 202 / 401 Council Agenda Memo From:Terry Brown PE, Manager of Engineering Services Meeting:August 13, 2013 Subject:Approving Compensation for Temporary Construction Easement Cleanup for Sanitary Sewer District No. 528 - Wildwood Subdivision; Tennant – Plains Irrigation Sales & Service, Inc. Item #’s:G-13 Presenter(s):John Collins PE, Public Works Director Background A petition for Sanitary Sewer District No. 528 in the Wildwood Subdivision was circulated in the area and signed by four (4) property owners. The Creation of such sanitary sewer district was approved by City Council on July 12, 2011, by Ordinance No. 9299, and after passing the protest period was continued on September 27, 2011 by City Council through Resolution No. 2011-277. Discussion A permanent easement and temporary construction easement from Monte Stauffer are necessary for the installation of part of the sanitary sewer main in the Wildwood Subdivision. These easements are being presented to City Council at tonight’s meeting. A portion of ground within these easements is leased to Plains Irrigation Sales & Service, Inc., which has several signs, a functioning center pivot display and considerable amounts of irrigation construction materials stockpiled and stored in the area. Public Works Engineering staff worked with Plains Irrigation Sales & Service, Inc. to establish a price for moving the materials themselves for this work. Payment of the compensation is contingent upon City Council approval. Following is a summary of the payments, totaling $17,200.00, for the removal of such equipment out of the temporary construction easement area. Grand Island Council Session - 8/13/2013 Page 203 / 401 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the compensation for temporary construction easement cleanup to Plains Irrigation Sales & Service, Inc. in the amount of $17,200.00. Sample Motion Move to approve the compensation for temporary construction easement cleanup to Plains Irrigation Sales & Service, Inc. in the amount of $17,200.00. Description Cost Total Remove & install pivot stops $250.00 $250.00 Remove pad & install new one $2,000.00 $2,000.00 Move pivot & replace $1,500.00 $1,500.00 Plains Sign – take down & put back up $800.00 $800.00 Small sign – take down & put back up $100.00 $100.00 Sign – take down & put back up $500.00 $500.00 Replace underground from pivot to building $750.00 $750.00 Remove & replace all Plains materials west of fence line to painted lines $7,300.00 $7,300.00 Cost of storage of materials – 2 acres ($2,000/acre)$4,000.00 $4,000.00 TOTAL COMPENSATION $17,200.00 Grand Island Council Session - 8/13/2013 Page 204 / 401 Approved as to Form ¤ ___________ August 9, 2013 ¤ City Attorney R E S O L U T I O N 2013-261 WHEREAS, Sanitary Sewer District No. 528 in the Wildwood Subdivision was created on July 12, 2011 by City Council through Ordinance No. 9299; and WHEREAS, such sanitary sewer district was continued by City Council on September 27, 2011 through Resolution No. 2011-277; and WHEREAS, to construct such sanitary sewer district a temporary construction easement is needed from Monte Stauffer, with this piece of land being leased to Plains Irrigation Sales & Service, Inc.; and WHEREAS, compensation for the cleanup of such temporary construction easement is necessary for removal and storage of equipment currently in this area; and WHEREAS, such compensation is detailed in the following: WHEREAS, payment of the compensation is contingent upon City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to compensate Plains Irrigation Sales & Service, Inc. for temporary construction easement cleanup in the amount of $17,200.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 13, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Description Cost Total Remove & install pivot stops $250.00 $250.00 Remove pad & install new one $2,000.00 $2,000.00 Move pivot & replace $1,500.00 $1,500.00 Plains Sign – take down & put back up $800.00 $800.00 Small sign – take down & put back up $100.00 $100.00 Sign – take down & put back up $500.00 $500.00 Replace underground from pivot to building $750.00 $750.00 Remove & replace all Plains materials west of fence line to painted lines $7,300.00 $7,300.00 Cost of storage of materials – 2 acres ($2,000/acre)$4,000.00 $4,000.00 TOTAL COMPENSATION $17,200.00 Grand Island Council Session - 8/13/2013 Page 205 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item G-14 #2013-262 - Approving Change Order No. 1 for South and West Interceptor Improvements; Project No. 2012-S-4 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 8/13/2013 Page 206 / 401 Council Agenda Memo From:Marvin Strong PE, Wastewater Treatment Plant Engineer Meeting:August 13, 2013 Subject:Approving Change Order No. 1 for South and West Interceptor Improvements Project; No. 2012-S-4 Item #’s:G-14 Presenter(s):John Collins PE, Public Works Director Background At various locations in the southern and western portions of Grand Island planned phases of rehabilitation in large diameters gravity sewer interceptor will take place over the next five (5) years. The sanitary sewer lining rehabilitation methodology of choice is the Cured-In-Place Pipe (CIPP) process. On October 4, 2012 the Engineering Division of the Public Works Department advertised for construction bids in South & West Interceptor Sewer Improvements; Project No. 2012-S-4. On November 13, 2012, Resolution 2012-330, City Council awarded, Project 2012-S-4, South & West Interceptor Sewer Improvements to SAK Construction, LLC of O’Fallen Missouri in the contract amount of $739,547.00. The work provides prioritized CIPP liner installation in approximately forty-five hundred (4,500) feet of existing large diameter concrete pipe segment(s), ranging in size from twenty seven (27) to thirty six (36) inch diameter pipe. Discussion Change Order No. 1 balances bid unit quantities measurements based on the actual field measurements from final installed work. Item CO1-1. Change Order No. 1 Revealed by: Engineer/Contractor Initiated by: Engineer Recommendation by: Wastewater Staff Grand Island Council Session - 8/13/2013 Page 207 / 401 The Incorporated work required the addition of ten (10) feet of thirty (30) inch CIPP liner. Bid Unit Price Units Quantity Change Total Price Change $123.00 Linear Feet 10.0 $1,230.00 TOTAL COST FOR CO1-1 $ 1,230.00 Item CO1-2. Change Order No. 1 Revealed by: Engineer Initiated by: Engineer Recommendation by: Wastewater Staff The Incorporated work required the reduction of ninety-nine (99) feet of twenty-seven (27) inch CIPP liner. The reduction was a combination of adjusting what needed to be installed based on field measurements and miss adding the quantity of liner in the original plans and specifications. Bid Unit Price Units Quantity Change Total Price Change $105.00 Linear Feet (99.0)$(10,395.00) TOTAL COST FOR CO1-2 $ (10,395.00) SUMMARY OF COSTS CO1-1 $ 1,230.00 CO1-2 $ (10,395.00) TOTAL SUMMARY OF COSTS $ (9,165.00) Wastewater staff and the consulting engineer Olsson Associates have reviewed, and agree on the final measured project quantities. The completed rehabilitation project will bring approximately an additional fifty (50) years of life cycle to the concrete gravity interceptor sewer(s) segments lined. Grand Island Council Session - 8/13/2013 Page 208 / 401 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve authorization to proceed with the final quantities adjustment described in Change Order No. 1 with SAK Construction, LLC of O’Fallen Missouri. Sample Motion Move to approve the Mayor of the City of Grand Island, Nebraska authorized on behalf of the City of Grand Island to execute a Change Order No. 1 with SAK Construction, LLC of O’Fallen Missouri in the combined amount of $(9,165.00), for a reduced total contract amount of $730,382.00. Grand Island Council Session - 8/13/2013 Page 209 / 401 Grand Island Council Session - 8/13/2013 Page 210 / 401 Grand Island Council Session - 8/13/2013 Page 211 / 401 Grand Island Council Session - 8/13/2013 Page 212 / 401 Approved as to Form ¤ ___________ August 13, 2013 ¤ City Attorney R E S O L U T I O N 2013-262 WHEREAS, On November 13, 2012, Resolution 2012-330, City Council awarded, Project 2012-S-4, South & West Interceptor Sewer Improvements to SAK Construction, LLC of O’Fallen Missouri in the contract amount of $739,547.00; and WHEREAS, Change Order No. 1 balances the construction bid unit quantities measurements based on the actual field measurements from final installed work in cost reduction amount of $(10,395.00). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that authorization to proceed with scope described in Change Order No. 1 with SAK Construction, LLC of O’Fallen Missouri is hereby approved for a revised contract amount of $730,382.00; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Change Order No. 1 on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 13, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/13/2013 Page 213 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item G-15 #2013-263 - Approving Certificate of Final Completion for South & West Interceptor Sewer Improvements; Project No. 2012-S-4 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 8/13/2013 Page 214 / 401 Council Agenda Memo From:Marvin Strong PE, Wastewater Plant Engineer Meeting:August 13, 2013 Subject:Approving Certificate of Final Completion for South & West Interceptor Sewer Improvements; Project No. 2012-S-4 Item #’s:G-15 Presenter(s):John Collins PE, Public Works Director Background The project “South & West Interceptor Sewer Improvements” Project No. 2012-S-4 was awarded to SAK Construction, LLC., of O’Fallon, Missouri on November 13, 2012 in the amount of $739,547.00. The primary purpose of the South & West Interceptor Sewer Improvements project is to rehabilitate large diameters gravity sewer interceptor(s) in a prioritized sequence. The rehabilitation method installed a new liner material within the existing host pipe structure, or the industry trade name “Cured-In-Place Pipe” (CIPP) process. The completed rehabilitation project will bring as much as an additional fifty (50) years of life cycle to the concrete gravity interceptor sewer(s) segments being proposed for lining systems. Liner life may diminish where pipe is squashed and/or fractured, and in most cases falls short of 100% reset of expected life of the original. The installation procedure provided minimal impact to the end user. City Staff conducted public involvement media day on May 7, 2013 for educational and informational purposes. The North Interceptor Phase I project is the only large diameter gravity sewer interceptor rehabilitation scheduled during the next five (5) years. The South and West Interceptor project had a Phase 2 scheduled in the last year of the previous five (5) year plan. It was pushed into later years to keep the five (5) year plan affordable and manageable. Grand Island Council Session - 8/13/2013 Page 215 / 401 Discussion The engineer for the project, Black & Veatch of Kansas City, Missouri, and Olsson Associates of Grand Island with City Staff have reviewed the completed work and has issued a certificate of final completion (July 12, 2013) in accordance with the terms, conditions, and stipulations of the contract, the plans, and the specifications. The project provided lining systems to approximately forty-three hundred (4,300) feet of existing large diameter concrete pipe segment(s), ranging in size from twenty seven (27) to thirty six (36) inch diameter pipe. Additionally, the project provided connection structures to by-pass sanitary sewer under South Locust Street for future maintenance events. The project was completed at a total cost of $730,514.31. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve a resolution authorizing the Certificate of Final Completion. 2.Refer the issue to a Committee. 3.Postpone the issue to future date. 4.Take no action on the issue. Recommendation Public Works Administration recommends that the Council approve the Certificate of Final Completion for the South & West Interceptor Sewer Improvements, Project No. 2012-S-4. Sample Motion Move to approve the Certificate of Final Completion for the South & West Interceptor Sewer Improvements, Project No. 2012-S-4. Grand Island Council Session - 8/13/2013 Page 216 / 401 ENGINEER’S CERTIFICATE OF FINAL COMPLETION South & West Interceptor Sewer Improvements Project No. 2012-S-4 August 13, 2013 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that the South & West Interceptor Sewer Improvements, Project No. 2013- S-4 has been completed by SAK Construction, LLC., of O’Fallon, Missouri under contract dated December 24, 2012. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans, and the specifications. The work is hereby accepted with the provisions of Section 16-650 R.R.S., 1943. It is further certified that the improvements as constructed include the following items and costs and that this certificate shall constitute the Final Payment for this work. CONCRETE FOR SLUDGE STORAGE BUILDING, PROJECT 2011-WWTP-4 South & West Interceptor Sewer Improvements: $ 739,547.00 Change Order No. 1, Quantity Adjustments $ (9,165.00) TOTAL PROJECT COST $ 730,382.00 SUMMARY OF OTHER COST Advertisement in GI Daily Independent $ 132.31 TOTAL OTHER COST $ 132.31 TOTAL COST OF: SOUTH & WEST INTERCEPTOR SEWER IMPROVEMENTS PROJECT 2012-S-4 $ 730,514.31 Grand Island Council Session - 8/13/2013 Page 217 / 401 Respectfully submitted, John Collins Director of Public Works August 13, 2013 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND, NEBRASKA I hereby recommend that the Engineer’s Certificate of Final Completion for South & West Interceptors Sewer Improvements, Project No. 2012-S-4 be approved. Respectfully submitted, Jay Vavricek Mayor Grand Island Council Session - 8/13/2013 Page 218 / 401 Grand Island Council Session - 8/13/2013 Page 219 / 401 Approved as to Form ¤ ___________ August 13, 2013 ¤ City Attorney R E S O L U T I O N 2013-263 WHEREAS, the Engineer, Black & Veatch of Kansas City, Missouri, and Olsson Associates of Grand Island issued a Certificate of Final Completion for the South & West Interceptor Sewer Improvements, Project No. 2012-S-4 certifying that SAK Construction, LLC., of O’Fallon, Missouri, completed such project according to the terms, conditions, and stipulations of the contract, plans and specifications for such improvements; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the Engineer’s certificate of final completion; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for the South & West Interceptor Sewer Improvements, Project No. 2012-S-4 is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 13, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _____________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/13/2013 Page 220 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item G-16 #2013-264 - Approving Acquisition of Public Right-of-Way, Permanent Easements and Temporary Easements for the Capital Avenue - Webb Road to Broadwell Avenue Widening Project (State of Nebraska Department of Administrative Services) This item relates to the aforementioned Public Hearing item E-1. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 8/13/2013 Page 221 / 401 Approved as to Form ¤ ___________ August 9, 2013 ¤ City Attorney R E S O L U T I O N 2013-264 WHEREAS, public right-of-way, permanent easement and temporary easements are required by the City of Grand Island, from the State of Nebraska, for the North Interceptor Phase II, Part B; Project No. 2013-S-4, Hall County, Nebraska and more particularly described as follows: RIGHT OF WAY AREA (177,302 square feet or 4.07 acres more or less) A TRACT OF LAND CONSISTING OF PART OF THE SOUTHEAST AND SOUTHWEST QUARTERS OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG AND UPON SAID NORTH R.O.W. LINE S89°50’38”W A DISTANCE OF 1848.78 FEET; THENCE S89°12’48”W A DISTANCE OF 2268.98 FEET; THENCE DEPARTING SAID NORTH R.O.W. LINE N00°47’12”W A DISTANCE OF 44.00 FEET; THENCE N89°12’48”E A DISTANCE OF 2087.48 FEET; THENCE N89°50’38”E A DISTANCE OF 2030.26 FEET TO A POINT ON THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133; THENCE S00°49’18”E ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 177,302 SQUARE FEET OR 4.07 ACRES MORE OR LESS. PERMANENT EASEMENT AREA (81,825 square feet or 1.88 acres more or less) PERMANENT EASEMENT #1 A PERMANENT EASEMENT CONSISTING OF PART OF THE SOUTHEAST AND SOUTHWEST QUARTERS OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49’18”W ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET TO THE POINT OF BEGINNING; THENCE S89°50’38”W A DISTANCE OF 2030.26 FEET; THENCE S89°12’48”W A DISTANCE OF 2087.48 FEET; THENCE N00°47’12”W A DISTANCE OF 18.00 FEET; THENCE N89°12’48”E A DISTANCE OF 511.69 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 432.92 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 384.03 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 375.85 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 346.69 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A Grand Island Council Session - 8/13/2013 Page 222 / 401 - 2 - DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 168.13 FEET; THENCE N89°50’38”E A DISTANCE OF 605.51 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 10.00 FEET; THENCE S00°09’22”E A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 347.22 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 10.00 FEET; THENCE S00°09’22”E A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 366.32 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 10.00 FEET; THENCE S00°09’22”E A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 352.21 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 10.00 FEET; THENCE S00°09’22”E A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 137.14 FEET TO A POINT ON THE WEST LINE OF SAID TRACT DESCRIBED IN DEED BOOK 159, PAGE 133; THENCE S00°49’18”E ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNNING. SAID PERMANENT EASEMENT CONTAINS 79,948 SQUARE FEET OR 1.84 ACRES MORE OR LESS. PERMANENT EASEMENT #2 A PERMANENT EASEMENT CONSISTING OF PART OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE ALONG AND UPON SAID NORTH R.O.W. LINE S89°50’38”W A DISTANCE OF 1848.78 FEET; THENCE S89°12’48”W A DISTANCE OF 2268.98 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S89°12’48”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 199.21 FEET; THENCE DEPARTING SAID NORTH R.O.W. LINE N65°49’16”E A DISTANCE OF 25.19 FEET; THENCE N89°12’48”E ALONG A LINE BEING 10.00 FEET NORTH OF AND PARALLEL TO SAID NORTH R.O.W. LINE A DISTANCE OF 176.09 FEET; THENCE S00°47’12”E A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID PERMANENT EASEMENT CONTAINS 1,877 SQAURE FEET OR 0.04 ACRES MORE OR LESS. TEMPORARY EASEMENTS AREA (202,133 square feet or 4.64 acres more or less) TEMPORARY EASEMENT #1 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49’18”W ALONG SAID WEST LINE A DISTANCE OF 62.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND A NORTH LINE OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG SAID NORTH LINE A DISTANCE OF 137.14 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N00°09’22”W ALONG A EAST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S89°50’38”W ALONG A NORTH LINE OF Grand Island Council Session - 8/13/2013 Page 223 / 401 - 3 - SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 10.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S00°09’22”E ALONG A WEST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 352.21 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N00°09’22”W ALONG A EAST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N89°50’38”E A DISTANCE OF 77.21 FEET; THENCE N00°09’22”W A DISTANCE OF 40.00 FEET; THENCE N89°50’38”E A DISTANCE OF 305.00 FEET; THENCE S00°09’22”E A DISTANCE OF 40.00 FEET; THENCE N89°50’38”E A DISTANCE OF 116.91 FEET TO A POINT ON THE WEST LINE OF SAID TRACT DESCRIBED IN DEED BOOK 159, PAGE 133; THENCE S00°49’18”E ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 21,985 SQUARE FEET OR 0.50 ACRES MORE OR LESS. TEMPORARY EASEMENT #2 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE S89°50’38”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 510.07 FEET; THENCE N00°09’22”W A DISTANCE OF 62.00 FEET TO A NORTHERLY CORNER OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 366.32 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N00°09’22”W ALONG A EAST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 366.32 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S00°09’22”E ALONG A WEST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 7,327 SQUARE FEET OR 0.17 ACRES MORE OR LESS. TEMPORARY EASEMENT #3 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE S89°50’38”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 886.39 FEET; THENCE N00°09’22”W A DISTANCE OF 62.00 FEET TO A NORTHERLY CORNER OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 347.22 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N00°09’22”W ALONG A EAST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF Grand Island Council Session - 8/13/2013 Page 224 / 401 - 4 - 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N89°50’38”E A DISTANCE OF 347.22 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S00°09’22”E ALONG A WEST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 6,945 SQUARE FEET OR 0.16 ACRES MORE OR LESS. TEMPORARY EASEMENT #4 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE S89°50’38”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 1243.61 FEET; THENCE N00°09’22”W A DISTANCE OF 62.00 FEET TO A NORTHERLY CORNER OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 177.48 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 177.48 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S00°09’22”E ALONG A WEST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 3,550 SQUARE FEET OR 0.08 ACRES MORE OR LESS. TEMPORARY EASEMENT #5 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST AND SOUTHWEST QUARTERS OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE ALONG AND UPON SAID NORTH R.O.W. LINE S89°50’38”W A DISTANCE OF 1848.78 FEET; THENCE S89°12’48”W A DISTANCE OF 2268.98 FEET; THENCE DEPARTING SAID NORTH R.O.W. LINE N00°47’12”W A DISTANCE OF 62.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N00°47’12”W A DISTANCE OF 60.00 FEET; THENCE N89°12’48”E A DISTANCE OF 1779.47 FEET; THENCE N00°47’12”W A DISTANCE OF 100.00 FEET; THENCE N89°12’48”E A DISTANCE OF 250.00 FEET; THENCE S00°47’12”E A DISTANCE OF 100.00 FEET; THENCE N89°12’48”E A DISTANCE OF 278.08 FEET; THENCE S01°14’48”E A DISTANC E OF 60.43 FEET; THENCE S89°50’38”W A DISTANCE OF 38.72 FEET; THENCE S89°12’48”W A DISTANCE OF 168.13 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 346.69 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 375.85 FEET; THENCE Grand Island Council Session - 8/13/2013 Page 225 / 401 - 5 - N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 384.03 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 432.92 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 511.69 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 162,326 SQUARE FEET OR 3.73 ACRES MORE OR LESS. WHEREAS, an Agreement for the public right-of-way, permanent easements and temporary easements has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for the acquisition of public right-of-way, permanent easements and temporary easements on the above described tracts. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 13, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/13/2013 Page 226 / 401 VBEL AS/SBD – GIVH – City of Grand Island – Right of Way, Temporary and Permanent Easement Agreement Page 1 of 12 NIS Land #25ZZ00045L Neb. Rev. Stat. §72-818 RIGHT OF WAY, PERMANENT AND TEMPORARY EASEMENT FOR CAPITAL AVENUE STREET WIDENING PROJECT INCLUDING UNDERGROUND UTILITY FACILITIES KNOW ALL MEN BY THESE PRESENTS: That the STATE OF NEBRASKA, by and through the DEPARTMENT OF ADMINISTRATIVE SERVICES, an agency of the STATE OF NEBRASKA, hereinafter referred to as “Grantor,” in consideration of $1.00, receipt of which is hereby acknowledged, and the further payment for damages as described in the terms and conditions and the placement of other necessary equipment when set on the following described property, does hereby grant, bargain, sell, and convey unto the CITY OF GRAND ISLAND, a municipality organized under and pursuant to the laws of the State of Nebraska, hereinafter referred to as “Grantee,” and its employees, officers, affiliates, contractors, agents and/or assigns (“Grantee Parties”), whether one or more, a permanent and perpetual public right-of-way to construct, operate, maintain, extend, repair, replace, and remove public roadway, pedestrian facilities, and utilities, including but not limited to, sanitary sewers, storm sewers, water mains, electric utility poles, overhead and underground power lines, manholes, pipelines, communication facilities, natural gas facilities, surface markers, and other appurtenances, upon, over, along, across, in, underneath and through a tract of land, hereinafter referred to as the “Right of Way Area”; and a permanent and perpetual easement to construct, operate, maintain, extend, repair, replace, and remove public roadway, pedestrian facilities, and utilities, including but not limited to, sanitary sewers, storm sewers, water mains, electric utility poles, overhead and underground power lines, manholes, pipelines, communication facilities, natural gas facilities, surface markers, and other appurtenances, upon, over, along, across, in, underneath and through a tract of land, hereinafter referred to as the “Permanent Easement Area”; and privilege of a temporary easement to construct sanitary sewer within the boundaries of the North Interceptor Sanitary Sewer Project Phase 2 from Sky Park Road to Diers Avenue along Capital Avenue, on or adjacent to property owned by Grantor and, whereas, it may be necessary for the City, its officers, agents, employees, contractors, subcontractors, and authorized representatives to temporarily enter upon, travel over, excavate, clear, backfill, store materials upon, and otherwise use the lands herein described which are owned by Grantor during the aforementioned construction project, hereinafter Grand Island Council Session - 8/13/2013 Page 227 / 401 VBEL AS/SBD – GIVH – City of Grand Island – Right of Way, Temporary and Permanent Easement Agreement Page 2 of 12 NIS Land #25ZZ00045L Neb. Rev. Stat. §72-818 referred to as the “Temporary Easement Area”, situated in Hall County, Nebraska, more particularly described as follows: RIGHT OF WAY AREA (177,302 square feet or 4.07 acres more or less) A TRACT OF LAND CONSISTING OF PART OF THE SOUTHEAST AND SOUTHWEST QUARTERS OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG AND UPON SAID NORTH R.O.W. LINE S89°50’38”W A DISTANCE OF 1848.78 FEET; THENCE S89°12’48”W A DISTANCE OF 2268.98 FEET; THENCE DEPARTING SAID NORTH R.O.W. LINE N00°47’12”W A DISTANCE OF 44.00 FEET; THENCE N89°12’48”E A DISTANCE OF 2087.48 FEET; THENCE N89°50’38”E A DISTANCE OF 2030.26 FEET TO A POINT ON THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133; THENCE S00°49’18”E ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 177,302 SQUARE FEET OR 4.07 ACRES MORE OR LESS. PERMANENT EASEMENT AREA (81,825 square feet or 1.88 acres more or less) PERMANENT EASEMENT #1 A PERMANENT EASEMENT CONSISTING OF PART OF THE SOUTHEAST AND SOUTHWEST QUARTERS OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49’18”W ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET TO THE POINT OF BEGINNING; THENCE S89°50’38”W A DISTANCE OF 2030.26 FEET; THENCE S89°12’48”W A DISTANCE OF 2087.48 FEET; THENCE N00°47’12”W A DISTANCE OF 18.00 FEET; THENCE N89°12’48”E A DISTANCE OF 511.69 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 432.92 FEET; THENCE N00°47’12”W A Grand Island Council Session - 8/13/2013 Page 228 / 401 VBEL AS/SBD – GIVH – City of Grand Island – Right of Way, Temporary and Permanent Easement Agreement Page 3 of 12 NIS Land #25ZZ00045L Neb. Rev. Stat. §72-818 DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 384.03 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 375.85 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 346.69 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 168.13 FEET; THENCE N89°50’38”E A DISTANCE OF 605.51 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 10.00 FEET; THENCE S00°09’22”E A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 347.22 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 10.00 FEET; THENCE S00°09’22”E A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 366.32 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 10.00 FEET; THENCE S00°09’22”E A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 352.21 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 10.00 FEET; THENCE S00°09’22”E A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 137.14 FEET TO A POINT ON THE WEST LINE OF SAID TRACT DESCRIBED IN DEED BOOK 159, PAGE 133; THENCE S00°49’18”E ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNNING. SAID PERMANENT EASEMENT CONTAINS 79,948 SQUARE FEET OR 1.84 ACRES MORE OR LESS. PERMANENT EASEMENT #2 A PERMANENT EASEMENT CONSISTING OF PART OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE ALONG AND UPON SAID NORTH R.O.W. LINE S89°50’38”W A DISTANCE OF 1848.78 FEET; THENCE S89°12’48”W A DISTANCE OF 2268.98 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S89°12’48”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 199.21 FEET; THENCE DEPARTING SAID NORTH R.O.W. LINE N65°49’16”E A DISTANCE OF 25.19 FEET; THENCE N89°12’48”E ALONG A LINE BEING 10.00 FEET NORTH OF AND PARALLEL TO SAID NORTH R.O.W. LINE A DISTANCE OF 176.09 FEET; THENCE S00°47’12”E A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID PERMANENT EASEMENT CONTAINS 1,877 SQAURE FEET OR 0.04 ACRES MORE OR LESS. Grand Island Council Session - 8/13/2013 Page 229 / 401 VBEL AS/SBD – GIVH – City of Grand Island – Right of Way, Temporary and Permanent Easement Agreement Page 4 of 12 NIS Land #25ZZ00045L Neb. Rev. Stat. §72-818 TEMPORARY EASEMENTS AREA (202,133 square feet or 4.64 acres more or less) TEMPORARY EASEMENT #1 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49’18”W ALONG SAID WEST LINE A DISTANCE OF 62.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND A NORTH LINE OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG SAID NORTH LINE A DISTANCE OF 137.14 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N00°09’22”W ALONG A EAST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 10.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S00°09’22”E ALONG A WEST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 352.21 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N00°09’22”W ALONG A EAST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N89°50’38”E A DISTANCE OF 77.21 FEET; THENCE N00°09’22”W A DISTANCE OF 40.00 FEET; THENCE N89°50’38”E A DISTANCE OF 305.00 FEET; THENCE S00°09’22”E A DISTANCE OF 40.00 FEET; THENCE N89°50’38”E A DISTANCE OF 116.91 FEET TO A POINT ON THE WEST LINE OF SAID TRACT DESCRIBED IN DEED BOOK 159, PAGE 133; THENCE S00°49’18”E ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 21,985 SQUARE FEET OR 0.50 ACRES MORE OR LESS. TEMPORARY EASEMENT #2 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Grand Island Council Session - 8/13/2013 Page 230 / 401 VBEL AS/SBD – GIVH – City of Grand Island – Right of Way, Temporary and Permanent Easement Agreement Page 5 of 12 NIS Land #25ZZ00045L Neb. Rev. Stat. §72-818 COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE S89°50’38”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 510.07 FEET; THENCE N00°09’22”W A DISTANCE OF 62.00 FEET TO A NORTHERLY CORNER OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 366.32 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N00°09’22”W ALONG A EAST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 366.32 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S00°09’22”E ALONG A WEST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 7,327 SQUARE FEET OR 0.17 ACRES MORE OR LESS. TEMPORARY EASEMENT #3 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE S89°50’38”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 886.39 FEET; THENCE N00°09’22”W A DISTANCE OF 62.00 FEET TO A NORTHERLY CORNER OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 347.22 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N00°09’22”W ALONG A EAST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N89°50’38”E A DISTANCE OF 347.22 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S00°09’22”E ALONG A WEST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 6,945 SQUARE FEET OR 0.16 ACRES MORE OR LESS. TEMPORARY EASEMENT #4 Grand Island Council Session - 8/13/2013 Page 231 / 401 VBEL AS/SBD – GIVH – City of Grand Island – Right of Way, Temporary and Permanent Easement Agreement Page 6 of 12 NIS Land #25ZZ00045L Neb. Rev. Stat. §72-818 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE S89°50’38”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 1243.61 FEET; THENCE N00°09’22”W A DISTANCE OF 62.00 FEET TO A NORTHERLY CORNER OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 177.48 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 177.48 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S00°09’22”E ALONG A WEST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 3,550 SQUARE FEET OR 0.08 ACRES MORE OR LESS. TEMPORARY EASEMENT #5 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST AND SOUTHWEST QUARTERS OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE ALONG AND UPON SAID NORTH R.O.W. LINE S89°50’38”W A DISTANCE OF 1848.78 FEET; THENCE S89°12’48”W A DISTANCE OF 2268.98 FEET; THENCE DEPARTING SAID NORTH R.O.W. LINE N00°47’12”W A DISTANCE OF 62.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N00°47’12”W A DISTANCE OF 60.00 FEET; THENCE N89°12’48”E A DISTANCE OF 1779.47 FEET; THENCE N00°47’12”W A DISTANCE OF 100.00 FEET; THENCE N89°12’48”E A DISTANCE OF 250.00 FEET; THENCE S00°47’12”E A DISTANCE OF 100.00 FEET; THENCE N89°12’48”E A DISTANCE OF 278.08 FEET; THENCE S01°14’48”E A DISTANC E OF 60.43 FEET; THENCE S89°50’38”W A DISTANCE OF 38.72 FEET; THENCE S89°12’48”W A DISTANCE OF 168.13 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 346.69 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE Grand Island Council Session - 8/13/2013 Page 232 / 401 VBEL AS/SBD – GIVH – City of Grand Island – Right of Way, Temporary and Permanent Easement Agreement Page 7 of 12 NIS Land #25ZZ00045L Neb. Rev. Stat. §72-818 S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 375.85 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 384.03 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 432.92 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 511.69 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 162,326 SQUARE FEET OR 3.73 ACRES MORE OR LESS. The north inceptor sanitary sewer, public roadway, pedestrian facilities, and utilities, including but not limited to, sanitary sewers, storm sewers, water mains, electric utility poles, overhead and underground power lines, manholes, pipelines, communication facilities, natural gas facilities, surface markers, and other appurtenances and improvements (all work shall be referred to as the “Project,” whether a project or multiple projects affecting the above described easement areas) in connection therewith shall be located on the Right of Way and Permanent Easement Area approximately, as shown on Exhibit A, Right of Way Plans (Sheets R-1 thru R-10). TERMS AND CONDITIONS 1.Grantor, on behalf of itself, its successors, and assigns hereby agree that, as of the Commencement Date, defined below, Grantee and/or Grantee Parties shall enjoy the non-exclusive privilege and easement of ingress and egress across that portion of the Property in any way they deem fit and for any purpose necessary in connection with the construction, installation, reconstruction, operation, maintenance, inspection and removal of said Project. 2.This Permanent Easement shall be binding upon and inure to the benefit of the heirs, executors, administrators, assigns, and successors of Grantor, Grantee, and Grantee Parties. 3.Grantor shall not occupy, undertake any work on, or interfere with Grantee or Grantee’s Parties’ use of the Permanent Easement Area except as defined below. Further, Grantor shall use its best efforts to ensure that third parties do not interfere with use of the Permanent Easement Area by Grantee or Grantee Parties. 4.Grantor may construct, maintain, repair, and utilize the secured fenced area for improvements as shown in Exhibit B, Anderson Building, which will infringe upon the Permanent Easement Area. Grantee or Grantee Parties shall coordinate all actions of ingress and egress with the Grantor and shall obtain prior written approval from Grantor. If any part or all the of the secured fenced area is removed or is damaged by Grantee, and/or Grantee Parties, Grantee agrees to assume and pay all costs relating to the replacement or repair of the improvements. Grantee agrees to assume and pay all costs for the improvements as shown in Exhibit B, Anderson Building, which will be impacted by the Project. The approximate cost of this reconstruction is $110,000. Grantor shall hire a licensed and bonded contractor and administer the construction of Grand Island Council Session - 8/13/2013 Page 233 / 401 VBEL AS/SBD – GIVH – City of Grand Island – Right of Way, Temporary and Permanent Easement Agreement Page 8 of 12 NIS Land #25ZZ00045L Neb. Rev. Stat. §72-818 the improvements, not to exceed the approximate cost of $110,000. If such costs exceed this amount, then Grantor shall obtain prior written approval from Grantee for payment of the amount exceeding the approximate proposed costs of reconstruction. 5.Grantor may construct, maintain, repair, and utilize a private underground power line improvement as shown in Exhibit C, Underground Power Relocation, and paved ingress and egress as shown on Exhibit A which will infringe upon the Permanent Easement Area. If any part or all the of the private underground power line or paved ingress or egress are removed or are damaged by Grantee, its employees, agents or independent contractors working for Grantee, Grantee agrees to assume and pay all costs relating to the replacement or repair of the improvements. Grantee shall pay all costs for the private underground power line improvement as shown in Exhibit C which will be impacted by the Project. The approximate cost of this improvement is $125,000. Grantee shall hire a licensed and bonded contractor for these electrical improvements as a result of damages resulting from the Project, not to exceed the approximate cost of $125,000. If such costs exceed this amount, then Grantor shall obtain prior written approval from Grantee for payment of the amount exceeding the approximate proposed costs of reconstruction. 6.Grantor may construct, maintain, repair, and utilize sign improvements which will infringe upon the Right of Way Area and Permanent Easement Area. The signs shall be protected or removed and reset by Grantor as shown on Exhibit D, Sign Locations, during the Project which will infringe on the Right of Way Area and shall be relocated by Grantee as shown on Exhibit B, Right of Way Plan (Sheet R-7, R-8) during or following the Capital Avenue Roadway Improvements which will infringe on the Permanent Easement Area. If any part or all of the sign improvements are removed or are damaged by Grantee, and/or Grantee Parties, Grantee shall pay all costs relating to the replacement or repair of such sign improvements. Grantee shall pay all costs for the sign improvements identified in Exhibits B and D which will be impacted by the Project. Grantee shall hire a licensed and bonded contractor for such sign improvements for damages resulting from these Projects. 7.Grantor may construct, maintain, repair, and utilize for sprinkler improvements which will infringe upon the Right of Way Area and Permanent Easement Area. Grantor reserves the right to file any claim for damages against Grantee, and/or Grantee Parties for any damages or injury that may result to the said sprinkler improvements. If Grantee, in its sole discretion, determines than any part or all of the improvement must be removed or is damaged by Grantee, and/or Grantee Parties, during the course of the employment or duties with Grantee, Grantee agrees to assume and pay all costs relating to the replacement or repair of the improvement. Grantee agrees to assume and pay all costs for the sprinkler improvements which will be impacted by the Project. Grantee shall hire a licensed and bonded contractor to reconstruct the sprinkler system or reimburse Grantor for damages up to the amount of damages as determined by Grantee’s contractor, resulting from these improvement projects. Grand Island Council Session - 8/13/2013 Page 234 / 401 VBEL AS/SBD – GIVH – City of Grand Island – Right of Way, Temporary and Permanent Easement Agreement Page 9 of 12 NIS Land #25ZZ00045L Neb. Rev. Stat. §72-818 8.Grantee shall protect the existing irrigation well identified in Exhibit B on Sheet R-2 located within the Temporary Easement Area. Grantee agrees to assume and pay all costs for any damages that may occur to the existing irrigation well as a result of the Project. Grantee shall hire a licensed and bonded contractor to repair or reconstruct the irrigation well system or reimburse Grantor for damages up to the amount of damages shown to have been a result of the Project and as determined by Grantee’s contractor, resulting from these improvement projects. 9.Grantee Parties, under contract with Grantee, shall relocate the existing Fiber Optic Box to an identified location in Exhibit E in the Permanent Easement Area. Grantee Parties shall maintain communication services to Grantor at all times during this relocation. 10.Grantee shall have the right at any time to cut, trim or remove and properly dispose of such trees and shrubs as may in any way endanger or interfere with the safe operation of the Project’s lines, underground facilities and equipment used in connection therewith. Such removal shall be replaced at the completion of the Project, as follows: trees and shrubs shall be replaced on a minimum 1:2 ratio, in accordance with Exhibit G, Conceptual Landscaping Plan. Impacted grass areas shall be reseeded or sodded upon completion of construction by Grantee, such method shall be determined by growing season and to ensure successful growth. Any landscaping damaged by equipment, contractors, or subcontractors of Grantee and/or Grantee Parties, shall be removed in its entirety and replaced, including trees and shrubs at a minimum ratio of 1:2, in accordance with Exhibit G, Conceptual Landscaping Plan. The tree windbreak identified to be removed on Exhibit B, Right of Way Plan (Sheet R-2 to R-6), shall be replaced in accordance with Exhibit F. Grantee agrees to assume and pay all costs for replacement trees and shrubs which will be impacted by the Project. The approximate cost of such replacements is $120,000. Grantor will hire a licensed and bonded contractor and administer the replacement of such trees and shrubs in accordance with Exhibit G. Grantor will grant Grantee the right of entry to plant the tree windbreak in accordance with Exhibit F and install a weed barrier. Drip irrigation lines will be installed for the tree windbreak by Grantee and Grantor will be responsible for supplying water including piping to these drip lines. Maintenance of the trees after the installation shall be the responsibility of the Grantor. 11.All maintenance of green space areas in Permanent Easement Area and Right of Way Area shall be the responsibility of Grantor according to Grantee’s City Code. This includes the area along the concrete hike/bike trail. Grantee shall be responsible for snow removal on the concrete hike/bike trail. Grantor shall be responsible for snow removal on sidewalks according to Grantee’s City Code. 12.Grantee shall connect Grantor’s existing sanitary sewer service to North Inceptor Sanitary Sewer main and remove or properly cap the Grantor’s existing lift station. 13.Subject to the conditions set forth herein below, Grantee agrees to pay Grantor and/or Grantor’s farm lessee, if any, as their respective interests may appear, to the reasonable satisfaction of Grantor and/or Grantor’s farm lessee, if any, (1) the amount of documented damages, calculated in a commercially reasonable manner, to growing crops, fences, and buildings which are directly caused by the construction and installation of Project and/or by Grantee's and/or Grantee Parties' Grand Island Council Session - 8/13/2013 Page 235 / 401 VBEL AS/SBD – GIVH – City of Grand Island – Right of Way, Temporary and Permanent Easement Agreement Page 10 of 12 NIS Land #25ZZ00045L Neb. Rev. Stat. §72-818 activities within the Easement Area; and (2) the amount of documented damages directly caused by Grantee's and/or Grantee Parties' activities to crops growing within the Easement Area, with such damages calculated in a commercially reasonable manner and, where applicable, based upon the current crop in production at the time that damages occur. In such situation, Grantor and/or Grantor's farm lessee shall be solely responsible for making a written claim for damages to Grantee prior to the date that is one hundred and eighty (180) days after the occurrence of such alleged damage (the "Damage Claim Deadline"), with such written claim accompanied by appropriate supporting documentation. After the Damage Claim Deadline has passed, Grantee and Grantee Parties shall have no liability whatsoever for damages not yet claimed by Grantor and/or Grantor's farm lessee, and Grantor shall defend, indemnify, and hold Grantee and Grantee Parties harmless from and against any and all damage claims related to the Easement Area and/or Grantor owned land (“Property”) adjacent thereto. If Grantor and/or Grantor's farm lessee makes such a written claim to Grantee before the Damage Claim Deadline and the documentation accompanying the written claim is acceptable to Grantee, then Grantee shall reimburse Grantor and/or Grantor's farm lessee an amount equal to the reasonable commercial value of the damage based on current market rates. It is anticipated that there will be no damages to the existing cropland, leased to Grantor’s lessee during the Project. The Project is anticipated to start in 2014. The Temporary Easement Area will temporary impact 2.7 acres of tillable soil. The tree windbreak will permanently impact 8.8 acres of tillable soil located outside of the Permanent Easement which includes the Temporary Easement Area. 14.Grantor shall be made whole, by Grantee and Grantee Parties, by returning the Easement Area and Property to a similar appearance prior to Commencement Date. Grantee and Grantee Parties shall, at all times, exercise reasonable effort to avoid injury or damage to the fencing, sidewalks, security systems, lighting, signage, landscaping, irrigation or drainage systems and any such other improvements of Grantor, and Grantee shall repair or replace any such damage and loss arising or occurring to the Easement Area or Property solely by reason of the construction, operation, maintenance and removal of any utility lines, however, in the event that all or part of the underground utility facilities which may be installed on said easement becomes defective or unserviceable in the sole judgment of Grantee, then Grantee shall have the right, to maintain, repair or replace such underground facilities, replacing any landscaping at the completion of such replacement as described above; provided, if improvements to the Property make the installation of such replacements impractical at the location of this original Easement granted hereby, then Grantor or their successors in title shall grant and convey to Grantee, for the same consideration as given herein, an easement for such further installation at a location on the Property which is mutually satisfactory to the parties. If the parties fail to agree in writing, upon any such new location for the underground facilities, Grantee shall have no obligation to replace or provide underground facilities across or to any such property and Grantee shall not be liable nor bear any responsibility to Grantor, its successors and assigns for failure to provide service to the Property. In determining the locations for further installation, Grantee shall at all times exercise reasonable effort to avoid injury or damage to the landscaping and improvements of Grantor or their successors. Grantee shall perform any work in connection with this Easement in a good and workmanlike manner with reasonable effort to minimize interference with Grantor’s use of this Grand Island Council Session - 8/13/2013 Page 236 / 401 VBEL AS/SBD – GIVH – City of Grand Island – Right of Way, Temporary and Permanent Easement Agreement Page 11 of 12 NIS Land #25ZZ00045L Neb. Rev. Stat. §72-818 Property except as may be reasonably necessary for Grantee to carry out the terms and conditions of this Easement. 15.Grantee agrees that this Permanent Easement shall remain in effect until such time as the utility lines and underground utility equipment and/or facilities constructed hereunder be abandoned for a period of five (5) years, this Easement shall then cease and terminate, and this Easement shall be of no further force and effect. 16.Grantor agrees that the Temporary Construction Easements shall commence in favor of Grantee and Grantee Parties on January 1, 2014, the Commencement Date and shall continue in full force and effect until its termination upon the completion of the Project by Grantee and Grantee Parties, signified by Grantee’s delivery of written notification of completion to Grantor. 17.The undersigned person executing this Easement on behalf of Grantor represents and certifies that he is the authorized department head to sign on behalf of Grantor and has been fully empowered by proper resolution or State directive to execute and deliver this Easement on behalf of Grantor and that all necessary actions for the making of this conveyance have been completed. 18.That this instrument contains the entire agreement of the parties, that there are no other or different agreements or understandings between Grantor and Grantee or its agents, that Grantor has not relied upon any promises, inducements, or representations of Grantee or its agents or employees, except as set forth herein, and that this Easement and the covenants and agreements herein contained shall inure to the benefit of and be binding and obligatory upon the heirs, executors, administrators, successors and assigns of the parties hereto. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. Grand Island Council Session - 8/13/2013 Page 237 / 401 VBEL AS/SBD – GIVH – City of Grand Island – Right of Way, Temporary and Permanent Easement Agreement Page 12 of 12 NIS Land #25ZZ00045L Neb. Rev. Stat. §72-818 IN WITNESS WHEREOF, Grantor executes this Easement on this _____ day of August 2013. STATE OF NEBRASKA _________________________________________ Gerry Oligmueller, Acting Director Department of Administrative Services ACKNOWLEDGMENT STATE OF NEBRASKA, COUNTY OF LANCASTER This instrument was acknowledged before me on ______ day of August 2013, by Gerry Oligmueller, Acting Director, Department of Administrative Services, on behalf of the State of Nebraska. _______________________________________ Notary Public Affix seal here. CITY OF GRAND ISLAND WITNESS: _______________________________________________________________________________ Name and Title Name, City Clerk Grand Island Council Session - 8/13/2013 Page 238 / 401 RIGHT OF WAYCAPITAL AVENUEWEBB ROAD EXHIBIT A APPROVALGrand IslandCouncil Session - 8/13/2013Page 239 / 401 RIGHT OF WAYCAPITAL AVENUEGrand IslandCouncil Session - 8/13/2013Page 240 / 401 RIGHT OF WAYCAPITAL AVENUEHANCOCK AVENUEGrand IslandCouncil Session - 8/13/2013Page 241 / 401 RIGHT OF WAYCAPITAL AVENUESHERIDAN AVENUEGrand IslandCouncil Session - 8/13/2013Page 242 / 401 RIGHT OF WAYCAPITAL AVENUESHERMAN BOULEVARD HOWARD AVENUE STAGINGAREAGrand IslandCouncil Session - 8/13/2013Page 243 / 401 RIGHT OF WAYCAPITAL AVENUECUSTER AVENUE HOWARD AVENUE STAGINGAREAGrand IslandCouncil Session - 8/13/2013Page 244 / 401 RIGHT OF WAYCAPITAL AVENUETAYLOR AVENUEGrand IslandCouncil Session - 8/13/2013Page 245 / 401 RIGHT OF WAYCAPITAL AVENUEKRUSE AVENUE LAFAYETTE AVENUEGrand IslandCouncil Session - 8/13/2013Page 246 / 401 RIGHT OF WAYCAPITAL AVENUEPARK AVENUE LAFAYETTE AVENUEGrand IslandCouncil Session - 8/13/2013Page 247 / 401 RIGHT OF WAYCAPITAL AVENUEGRAND ISLAND AVENUEGrand IslandCouncil Session - 8/13/2013Page 248 / 401 Grand Island Council Session - 8/13/2013 Page 249 / 401 Grand Island Council Session - 8/13/2013 Page 250 / 401 Grand Island Council Session - 8/13/2013 Page 251 / 401 Grand Island Council Session - 8/13/2013 Page 252 / 401 Grand Island Council Session - 8/13/2013 Page 253 / 401 Grand Island Council Session - 8/13/2013 Page 254 / 401 Grand Island Council Session - 8/13/2013 Page 255 / 401 Grand Island Council Session - 8/13/2013 Page 256 / 401 Grand Island Council Session - 8/13/2013 Page 257 / 401 Grand Island Council Session - 8/13/2013 Page 258 / 401 Grand Island Council Session - 8/13/2013 Page 259 / 401 Grand Island Council Session - 8/13/2013 Page 260 / 401 Grand Island Council Session - 8/13/2013 Page 261 / 401 Grand Island Council Session - 8/13/2013 Page 262 / 401 Grand Island Council Session - 8/13/2013 Page 263 / 401 Grand Island Council Session - 8/13/2013 Page 264 / 401 Grand Island Council Session - 8/13/2013 Page 265 / 401 Grand Island Council Session - 8/13/2013 Page 266 / 401 Grand Island Council Session - 8/13/2013 Page 267 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item G-17 #2013-265 - Approving Leasehold Agreement for the North Interceptor Phase II, Part B; Sanitary Sewer Project No. 2013-S-4 (Houdek) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 8/13/2013 Page 268 / 401 Council Agenda Memo From:Scott Griepenstroh, PW Project Manager Meeting:August 13, 2013 Subject:Approving Leasehold Agreement for the North Interceptor Phase II, Part B; Sanitary Sewer Project No. 2013-S-4 (Houdek) Item #’s:G-17 Presenter(s):John Collins PE, Public Works Director Background Public Works Staff in conjunction with the design engineer, Black & Veatch of Kansas City, Missouri have jointly developed multi-year replacement planning stages for the City of Grand Island’s large diameter gravity sanitary sewer interceptor network. The current planned interceptor, entitled the “North Interceptor” will replace aged gravity sanitary sewer, reduce or eliminate current sewer pumping station(s), and provide additional capacity for existing and new growth areas of Grand Island. The new North Interceptor route was developed to incorporate, and partner with other utilities for the Capital Avenue Widening Project, and the new Headworks Pumping Station Project at the Wastewater Treatment Plant. A phased approach of constructing the North Interceptor was developed as follows: Phase I - Wastewater Treatment Plant (WWTP) to 7th Street / Skypark Road Phase II (Part A) - 7th Street / Skypark Road to Broadwell Avenue Phase II (Part B) - Broadwell Avenue to Webb Road Phase II (Part C) - Webb Road to Diers Avenue (Lift Station No. 19) Leasehold Agreements are necessary for this project to be completed, which must be approved by City Council. Two (2) Leasehold Agreements were approved by Resolution No. 2013-243 for the United Veterans Club, in the total amount of $200.00 at the July 23, 2013 council meeting. Grand Island Council Session - 8/13/2013 Page 269 / 401 Discussion An additional Leasehold agreement is necessary with another tenant in this project area. All documents have been signed and returned by the lessee. Authorization of the document is contingent upon City Council approval. Following is a summary of the payment, totaling $100.00. No.Tenant Legal Description Area Payment (minimum $100.00) Total 3L Houdek RIGHT OF WAY AREA (177,302 square feet or 4.07 acres more or less) A TRACT OF LAND CONSISTING OF PART OF THE SOUTHEAST AND SOUTHWEST QUARTERS OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG AND UPON SAID NORTH R.O.W. LINE S89°50’38”W A DISTANCE OF 1848.78 FEET; THENCE S89°12’48”W A DISTANCE OF 2268.98 FEET; THENCE DEPARTING SAID NORTH R.O.W. LINE N00°47’12”W A DISTANCE OF 44.00 FEET; THENCE N89°12’48”E A DISTANCE OF 2087.48 FEET; THENCE N89°50’38”E A DISTANCE OF 2030.26 FEET TO A POINT ON THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133; THENCE S00°49’18”E ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 177,302 SQUARE FEET OR 4.07 ACRES MORE OR LESS. PERMANENT EASEMENT AREA (81,825 square feet or 1.88 acres more or less) PERMANENT EASEMENT #1 A PERMANENT EASEMENT CONSISTING OF PART OF THE SOUTHEAST AND SOUTHWEST QUARTERS OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: 461,260 s.f.$100.00 Grand Island Council Session - 8/13/2013 Page 270 / 401 COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49’18”W ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET TO THE POINT OF BEGINNING; THENCE S89°50’38”W A DISTANCE OF 2030.26 FEET; THENCE S89°12’48”W A DISTANCE OF 2087.48 FEET; THENCE N00°47’12”W A DISTANCE OF 18.00 FEET; THENCE N89°12’48”E A DISTANCE OF 511.69 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 432.92 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 384.03 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 375.85 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 346.69 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 168.13 FEET; THENCE N89°50’38”E A DISTANCE OF 605.51 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 10.00 FEET; THENCE S00°09’22”E A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 347.22 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 10.00 FEET; THENCE S00°09’22”E A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 366.32 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 10.00 FEET; THENCE S00°09’22”E A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 352.21 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 10.00 FEET; THENCE S00°09’22”E A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 137.14 FEET TO A POINT ON THE WEST LINE OF SAID TRACT DESCRIBED IN DEED BOOK 159, Grand Island Council Session - 8/13/2013 Page 271 / 401 PAGE 133; THENCE S00°49’18”E ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNNING. SAID PERMANENT EASEMENT CONTAINS 79,948 SQUARE FEET OR 1.84 ACRES MORE OR LESS. PERMANENT EASEMENT #2 A PERMANENT EASEMENT CONSISTING OF PART OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE ALONG AND UPON SAID NORTH R.O.W. LINE S89°50’38”W A DISTANCE OF 1848.78 FEET; THENCE S89°12’48”W A DISTANCE OF 2268.98 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S89°12’48”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 199.21 FEET; THENCE DEPARTING SAID NORTH R.O.W. LINE N65°49’16”E A DISTANCE OF 25.19 FEET; THENCE N89°12’48”E ALONG A LINE BEING 10.00 FEET NORTH OF AND PARALLEL TO SAID NORTH R.O.W. LINE A DISTANCE OF 176.09 FEET; THENCE S00°47’12”E A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID PERMANENT EASEMENT CONTAINS 1,877 SQAURE FEET OR 0.04 ACRES MORE OR LESS. The property to which the LESSEE hereby temporarily relinquishes interest is described below and shown in attached Exhibit A. TEMPORARY EASEMENTS AREA (202,133 square feet or 4.64 acres more or less) TEMPORARY EASEMENT #1 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE Grand Island Council Session - 8/13/2013 Page 272 / 401 SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49’18”W ALONG SAID WEST LINE A DISTANCE OF 62.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND A NORTH LINE OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG SAID NORTH LINE A DISTANCE OF 137.14 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N00°09’22”W ALONG A EAST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 10.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S00°09’22”E ALONG A WEST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 352.21 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N00°09’22”W ALONG A EAST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N89°50’38”E A DISTANCE OF 77.21 FEET; THENCE N00°09’22”W A DISTANCE OF 40.00 FEET; THENCE N89°50’38”E A DISTANCE OF 305.00 FEET; THENCE S00°09’22”E A DISTANCE OF 40.00 FEET; THENCE N89°50’38”E A DISTANCE OF 116.91 FEET TO A POINT ON THE WEST LINE OF SAID TRACT DESCRIBED IN DEED BOOK 159, PAGE 133; THENCE S00°49’18”E ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 21,985 SQUARE FEET OR 0.50 ACRES MORE OR LESS. TEMPORARY EASEMENT #2 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID Grand Island Council Session - 8/13/2013 Page 273 / 401 SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE S89°50’38”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 510.07 FEET; THENCE N00°09’22”W A DISTANCE OF 62.00 FEET TO A NORTHERLY CORNER OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 366.32 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N00°09’22”W ALONG A EAST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 366.32 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S00°09’22”E ALONG A WEST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 7,327 SQUARE FEET OR 0.17 ACRES MORE OR LESS. TEMPORARY EASEMENT #3 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE S89°50’38”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 886.39 FEET; THENCE N00°09’22”W A DISTANCE OF 62.00 FEET TO A NORTHERLY CORNER OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED Grand Island Council Session - 8/13/2013 Page 274 / 401 PERMANENT EASEMENT A DISTANCE OF 347.22 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N00°09’22”W ALONG A EAST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N89°50’38”E A DISTANCE OF 347.22 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S00°09’22”E ALONG A WEST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 6,945 SQUARE FEET OR 0.16 ACRES MORE OR LESS. TEMPORARY EASEMENT #4 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE S89°50’38”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 1243.61 FEET; THENCE N00°09’22”W A DISTANCE OF 62.00 FEET TO A NORTHERLY CORNER OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 177.48 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 177.48 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S00°09’22”E ALONG A WEST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 3,550 SQUARE FEET OR 0.08 ACRES MORE OR LESS. TEMPORARY EASEMENT #5 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST AND SOUTHWEST QUARTERS OF SECTION 5, TOWNSHIP Grand Island Council Session - 8/13/2013 Page 275 / 401 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE ALONG AND UPON SAID NORTH R.O.W. LINE S89°50’38”W A DISTANCE OF 1848.78 FEET; THENCE S89°12’48”W A DISTANCE OF 2268.98 FEET; THENCE DEPARTING SAID NORTH R.O.W. LINE N00°47’12”W A DISTANCE OF 62.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N00°47’12”W A DISTANCE OF 60.00 FEET; THENCE N89°12’48”E A DISTANCE OF 1779.47 FEET; THENCE N00°47’12”W A DISTANCE OF 100.00 FEET; THENCE N89°12’48”E A DISTANCE OF 250.00 FEET; THENCE S00°47’12”E A DISTANCE OF 100.00 FEET; THENCE N89°12’48”E A DISTANCE OF 278.08 FEET; THENCE S01°14’48”E A DISTANC E OF 60.43 FEET; THENCE S89°50’38”W A DISTANCE OF 38.72 FEET; THENCE S89°12’48”W A DISTANCE OF 168.13 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 346.69 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 375.85 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 384.03 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 432.92 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 511.69 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 162,326 SQUARE FEET OR 3.73 ACRES MORE OR LESS. Total $100.00 Grand Island Council Session - 8/13/2013 Page 276 / 401 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Leasehold Agreement between the City of Grand Island and the affected property lessee, in the total amount of $100.00. Sample Motion Move to approve the Leasehold Agreements. Grand Island Council Session - 8/13/2013 Page 277 / 401 STATE OF NEBRASKA LOCAL POLITICAL SUBDIVISION ACQUISITION CONTRACT THIS CONTRACT, made and entered into this day of , 20 by and between, Gary Houdek, Donald Houdek and Leroy Houdek, Address: 1055 4th Road, Chapman, NE 68827, hereinafter called the LESSEE, and The City of Grand Island, hereinafter called the BUYER. LEASEHOLD INTEREST WITNESSETH: In consideration of the payment or payments as specified below, the LESSEE hereby relinquishes to the BUYER, all leasehold interest to certain lands and any improvements thereon owned by State of Nebraska. The property to which the LESSEE hereby permanently relinquishes interest is described below and shown in attached Exhibit A. RIGHT OF WAY AREA (177,302 square feet or 4.07 acres more or less) A TRACT OF LAND CONSISTING OF PART OF THE SOUTHEAST AND SOUTHWEST QUARTERS OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT‐OF‐ WAY (R.O.W.) LINE OF CAPITAL AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG AND UPON SAID NORTH R.O.W. LINE S89°50’38”W A DISTANCE OF 1848.78 FEET; THENCE S89°12’48”W A DISTANCE OF 2268.98 FEET; THENCE DEPARTING SAID NORTH R.O.W. LINE N00°47’12”W A DISTANCE OF 44.00 FEET; THENCE N89°12’48”E A DISTANCE OF 2087.48 FEET; THENCE N89°50’38”E A DISTANCE OF 2030.26 FEET TO A POINT ON THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133; THENCE S00°49’18”E ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 177,302 SQUARE FEET OR 4.07 ACRES MORE OR LESS. PERMANENT EASEMENT AREA (81,825 square feet or 1.88 acres more or less) PERMANENT EASEMENT #1 A PERMANENT EASEMENT CONSISTING OF PART OF THE SOUTHEAST AND SOUTHWEST QUARTERS OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT‐OF‐ WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49’18”W ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET TO THE POINT OF BEGINNING; THENCE S89°50’38”W A DISTANCE OF 2030.26 FEET; Grand Island Council Session - 8/13/2013 Page 278 / 401 THENCE S89°12’48”W A DISTANCE OF 2087.48 FEET; THENCE N00°47’12”W A DISTANCE OF 18.00 FEET; THENCE N89°12’48”E A DISTANCE OF 511.69 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 432.92 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 384.03 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 375.85 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 346.69 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 168.13 FEET; THENCE N89°50’38”E A DISTANCE OF 605.51 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 10.00 FEET; THENCE S00°09’22”E A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 347.22 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 10.00 FEET; THENCE S00°09’22”E A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 366.32 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 10.00 FEET; THENCE S00°09’22”E A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 352.21 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 10.00 FEET; THENCE S00°09’22”E A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 137.14 FEET TO A POINT ON THE WEST LINE OF SAID TRACT DESCRIBED IN DEED BOOK 159, PAGE 133; THENCE S00°49’18”E ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNNING. SAID PERMANENT EASEMENT CONTAINS 79,948 SQUARE FEET OR 1.84 ACRES MORE OR LESS. PERMANENT EASEMENT #2 A PERMANENT EASEMENT CONSISTING OF PART OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT‐OF‐ WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE ALONG AND UPON SAID NORTH R.O.W. LINE S89°50’38”W A DISTANCE OF 1848.78 FEET; THENCE S89°12’48”W A DISTANCE OF 2268.98 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S89°12’48”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 199.21 FEET; THENCE DEPARTING SAID NORTH R.O.W. LINE N65°49’16”E A DISTANCE OF 25.19 FEET; THENCE N89°12’48”E ALONG A LINE BEING 10.00 FEET NORTH OF AND PARALLEL TO SAID NORTH R.O.W. LINE A DISTANCE OF 176.09 FEET; THENCE S00°47’12”E A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID PERMANENT EASEMENT CONTAINS 1,877 SQAURE FEET OR 0.04 ACRES MORE OR LESS. Grand Island Council Session - 8/13/2013 Page 279 / 401 The property to which the LESSEE hereby temporarily relinquishes interest is described below and shown in attached Exhibit A. TEMPORARY EASEMENTS AREA (202,133 square feet or 4.64 acres more or less) TEMPORARY EASEMENT #1 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT‐OF‐ WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49’18”W ALONG SAID WEST LINE A DISTANCE OF 62.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND A NORTH LINE OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG SAID NORTH LINE A DISTANCE OF 137.14 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N00°09’22”W ALONG A EAST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 10.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S00°09’22”E ALONG A WEST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 352.21 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N00°09’22”W ALONG A EAST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N89°50’38”E A DISTANCE OF 77.21 FEET; THENCE N00°09’22”W A DISTANCE OF 40.00 FEET; THENCE N89°50’38”E A DISTANCE OF 305.00 FEET; THENCE S00°09’22”E A DISTANCE OF 40.00 FEET; THENCE N89°50’38”E A DISTANCE OF 116.91 FEET TO A POINT ON THE WEST LINE OF SAID TRACT DESCRIBED IN DEED BOOK 159, PAGE 133; THENCE S00°49’18”E ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 21,985 SQUARE FEET OR 0.50 ACRES MORE OR LESS. TEMPORARY EASEMENT #2 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT‐OF‐ Grand Island Council Session - 8/13/2013 Page 280 / 401 WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE S89°50’38”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 510.07 FEET; THENCE N00°09’22”W A DISTANCE OF 62.00 FEET TO A NORTHERLY CORNER OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 366.32 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N00°09’22”W ALONG A EAST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 366.32 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S00°09’22”E ALONG A WEST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 7,327 SQUARE FEET OR 0.17 ACRES MORE OR LESS. TEMPORARY EASEMENT #3 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT‐OF‐ WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE S89°50’38”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 886.39 FEET; THENCE N00°09’22”W A DISTANCE OF 62.00 FEET TO A NORTHERLY CORNER OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 347.22 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N00°09’22”W ALONG A EAST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N89°50’38”E A DISTANCE OF 347.22 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S00°09’22”E ALONG A WEST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 6,945 SQUARE FEET OR 0.16 ACRES MORE OR LESS. TEMPORARY EASEMENT #4 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT‐OF‐ WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE S89°50’38”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 1243.61 FEET; THENCE N00°09’22”W A DISTANCE OF 62.00 FEET TO A NORTHERLY CORNER OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE Grand Island Council Session - 8/13/2013 Page 281 / 401 S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 177.48 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 177.48 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S00°09’22”E ALONG A WEST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 3,550 SQUARE FEET OR 0.08 ACRES MORE OR LESS. TEMPORARY EASEMENT #5 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST AND SOUTHWEST QUARTERS OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT‐OF‐ WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE ALONG AND UPON SAID NORTH R.O.W. LINE S89°50’38”W A DISTANCE OF 1848.78 FEET; THENCE S89°12’48”W A DISTANCE OF 2268.98 FEET; THENCE DEPARTING SAID NORTH R.O.W. LINE N00°47’12”W A DISTANCE OF 62.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N00°47’12”W A DISTANCE OF 60.00 FEET; THENCE N89°12’48”E A DISTANCE OF 1779.47 FEET; THENCE N00°47’12”W A DISTANCE OF 100.00 FEET; THENCE N89°12’48”E A DISTANCE OF 250.00 FEET; THENCE S00°47’12”E A DISTANCE OF 100.00 FEET; THENCE N89°12’48”E A DISTANCE OF 278.08 FEET; THENCE S01°14’48”E A DISTANC E OF 60.43 FEET; THENCE S89°50’38”W A DISTANCE OF 38.72 FEET; THENCE S89°12’48”W A DISTANCE OF 168.13 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 346.69 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 375.85 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 384.03 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 432.92 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 511.69 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 162,326 SQUARE FEET OR 3.73 ACRES MORE OR LESS. Grand Island Council Session - 8/13/2013 Page 282 / 401 It is hereby agreed that possession of the above described premises is the essence of this contract and the BUYER may take immediate possession of the premises upon signing of this contract. It is further agreed that relinquishment of LESSEE interest to areas conveyed temporarily shall be during the period of construction and shall cease upon acceptance of the project by the BUYER. Moving and replacing approximately NA rods of fence at $ NA per rod $ NA Relinquishment of leasehold interest to approximately 461,260 square feet $ 100.00 Other Damages: None $ NA TOTAL $ 100.00 It is agreed and understood that the BUYER is hereby granted an immediate right of entry upon the premises described above. The above payments shall cover all damages caused by the establishment and construction of the above project except for LESSEE'S share of CROP DAMAGE, if any, which will be paid for in an amount based on the yield from the balance of the field less expenses of marketing and harvesting. CROP DAMAGE shall mean damage to such crops as are required to be planted annually and which were planted at the time of the signing of this contract and which are actually damaged due to construction of this project, but in no case shall damages be paid for more than one year's crop. The LESSEE agrees to make a reasonable attempt to harvest any crop so as to mitigate the crop damage. This contract shall be binding on both parties from its inception, but, should none of the above real estate be required, this contract shall terminate. This contract may be executed in more than one copy, each copy of which, however, shall serve as an original for all purposes, but all copies shall constitute but one and the same contract. REMARKS Attached is Exhibit A Right of Way Plans which show the edge of tillable acres in the temporary easement. There will be 2.7 tillable acres impacted by the temporary easement #5. Construction is anticipated to start in April, 2014. It is our understanding the current lease expires in December, 2013. There will be no crop damages occurring in 2013. Grand Island Council Session - 8/13/2013 Page 283 / 401 THIS IS A LEGAL AND BINDING CONTRACT - READ IT. The representative of the BUYER, in presenting this contract has given me a copy and explained all its provisions. A complete understanding and explanation has been given of the terminology, phrases, and statements contained in this contract. It is understood that no promises, verbal agreements or understanding, except as set forth in this contract, will be honored by the BUYER. BUYER LESSEE By Date Dated this day of , 20 Dated this day of , 20 On the above date, before me a General Notary Public duly commissioned and On the above date, before me a General Notary Public duly commissioned and qualified, personally came qualified, personally came to me known to be the identical person whose name affixed to me known to be the identical person whose name affixed to the foregoing instrument as grantor and acknowledged the same to to the foregoing instrument as grantor and acknowledged the same to be a voluntary act and deed. be a voluntary act and deed. WITNESS my hand and Notarial Seal the day and year above written. WITNESS my hand and Notarial Seal the day and year above written. Notary Notary STATE OF STATE OF ss. ss. County County Grand Island Council Session - 8/13/2013 Page 284 / 401 RIGHT OF WAYCAPITAL AVENUEWEBB ROAD EXHIBIT A APPROVALGrand IslandCouncil Session - 8/13/2013Page 285 / 401 RIGHT OF WAYCAPITAL AVENUEGrand IslandCouncil Session - 8/13/2013Page 286 / 401 RIGHT OF WAYCAPITAL AVENUEHANCOCK AVENUEGrand IslandCouncil Session - 8/13/2013Page 287 / 401 RIGHT OF WAYCAPITAL AVENUESHERIDAN AVENUEGrand IslandCouncil Session - 8/13/2013Page 288 / 401 RIGHT OF WAYCAPITAL AVENUESHERMAN BOULEVARD HOWARD AVENUE STAGINGAREAGrand IslandCouncil Session - 8/13/2013Page 289 / 401 RIGHT OF WAYCAPITAL AVENUECUSTER AVENUE HOWARD AVENUE STAGINGAREAGrand IslandCouncil Session - 8/13/2013Page 290 / 401 RIGHT OF WAYCAPITAL AVENUETAYLOR AVENUEGrand IslandCouncil Session - 8/13/2013Page 291 / 401 RIGHT OF WAYCAPITAL AVENUEKRUSE AVENUE LAFAYETTE AVENUEGrand IslandCouncil Session - 8/13/2013Page 292 / 401 RIGHT OF WAYCAPITAL AVENUEPARK AVENUE LAFAYETTE AVENUEGrand IslandCouncil Session - 8/13/2013Page 293 / 401 RIGHT OF WAYCAPITAL AVENUEGRAND ISLAND AVENUEGrand IslandCouncil Session - 8/13/2013Page 294 / 401 Approved as to Form ¤ ___________ August 9, 2013 ¤ City Attorney R E S O L U T I O N 2013-265 WHEREAS, a leasehold agreement is required by the City of Grand Island, from the affected lessee in the North Interceptor Phase II, Part B; Sanitary Sewer Project No. 2013-S-4 area, as follows: No.Tenant Legal Description Area Payment (minimum $100.00) Total 3L Houdek RIGHT OF WAY AREA (177,302 square feet or 4.07 acres more or less) A TRACT OF LAND CONSISTING OF PART OF THE SOUTHEAST AND SOUTHWEST QUARTERS OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG AND UPON SAID NORTH R.O.W. LINE S89°50’38”W A DISTANCE OF 1848.78 FEET; THENCE S89°12’48”W A DISTANCE OF 2268.98 FEET; THENCE DEPARTING SAID NORTH R.O.W. LINE N00°47’12”W A DISTANCE OF 44.00 FEET; THENCE N89°12’48”E A DISTANCE OF 2087.48 FEET; THENCE N89°50’38”E A DISTANCE OF 2030.26 FEET TO A POINT ON THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133; THENCE S00°49’18”E ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 177,302 SQUARE FEET OR 4.07 ACRES MORE OR LESS. PERMANENT EASEMENT AREA (81,825 square feet or 1.88 acres more or less) PERMANENT EASEMENT #1 A PERMANENT EASEMENT CONSISTING OF PART OF THE SOUTHEAST AND SOUTHWEST QUARTERS OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE 461,260 s.f.$100.00 Grand Island Council Session - 8/13/2013 Page 295 / 401 - 2 - N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49’18”W ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET TO THE POINT OF BEGINNING; THENCE S89°50’38”W A DISTANCE OF 2030.26 FEET; THENCE S89°12’48”W A DISTANCE OF 2087.48 FEET; THENCE N00°47’12”W A DISTANCE OF 18.00 FEET; THENCE N89°12’48”E A DISTANCE OF 511.69 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 432.92 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 384.03 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 375.85 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 346.69 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE N89°12’48”E A DISTANCE OF 168.13 FEET; THENCE N89°50’38”E A DISTANCE OF 605.51 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 10.00 FEET; THENCE S00°09’22”E A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 347.22 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 10.00 FEET; THENCE S00°09’22”E A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 366.32 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 10.00 FEET; THENCE S00°09’22”E A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 352.21 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 10.00 FEET; THENCE S00°09’22”E A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 137.14 FEET TO A POINT ON THE WEST LINE OF SAID TRACT DESCRIBED IN DEED BOOK 159, PAGE 133; THENCE S00°49’18”E ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNNING. SAID PERMANENT EASEMENT CONTAINS 79,948 SQUARE FEET OR 1.84 ACRES MORE OR LESS. Grand Island Council Session - 8/13/2013 Page 296 / 401 - 3 - PERMANENT EASEMENT #2 A PERMANENT EASEMENT CONSISTING OF PART OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE ALONG AND UPON SAID NORTH R.O.W. LINE S89°50’38”W A DISTANCE OF 1848.78 FEET; THENCE S89°12’48”W A DISTANCE OF 2268.98 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S89°12’48”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 199.21 FEET; THENCE DEPARTING SAID NORTH R.O.W. LINE N65°49’16”E A DISTANCE OF 25.19 FEET; THENCE N89°12’48”E ALONG A LINE BEING 10.00 FEET NORTH OF AND PARALLEL TO SAID NORTH R.O.W. LINE A DISTANCE OF 176.09 FEET; THENCE S00°47’12”E A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID PERMANENT EASEMENT CONTAINS 1,877 SQAURE FEET OR 0.04 ACRES MORE OR LESS. The property to which the LESSEE hereby temporarily relinquishes interest is described below and shown in attached Exhibit A. TEMPORARY EASEMENTS AREA (202,133 square feet or 4.64 acres more or less) TEMPORARY EASEMENT #1 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; Grand Island Council Session - 8/13/2013 Page 297 / 401 - 4 - THENCE CONTINUING N00°49’18”W ALONG SAID WEST LINE A DISTANCE OF 62.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND A NORTH LINE OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG SAID NORTH LINE A DISTANCE OF 137.14 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N00°09’22”W ALONG A EAST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 10.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S00°09’22”E ALONG A WEST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 352.21 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N00°09’22”W ALONG A EAST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N89°50’38”E A DISTANCE OF 77.21 FEET; THENCE N00°09’22”W A DISTANCE OF 40.00 FEET; THENCE N89°50’38”E A DISTANCE OF 305.00 FEET; THENCE S00°09’22”E A DISTANCE OF 40.00 FEET; THENCE N89°50’38”E A DISTANCE OF 116.91 FEET TO A POINT ON THE WEST LINE OF SAID TRACT DESCRIBED IN DEED BOOK 159, PAGE 133; THENCE S00°49’18”E ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 21,985 SQUARE FEET OR 0.50 ACRES MORE OR LESS. TEMPORARY EASEMENT #2 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; Grand Island Council Session - 8/13/2013 Page 298 / 401 - 5 - THENCE S89°50’38”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 510.07 FEET; THENCE N00°09’22”W A DISTANCE OF 62.00 FEET TO A NORTHERLY CORNER OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 366.32 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N00°09’22”W ALONG A EAST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 366.32 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S00°09’22”E ALONG A WEST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 7,327 SQUARE FEET OR 0.17 ACRES MORE OR LESS. TEMPORARY EASEMENT #3 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE S89°50’38”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 886.39 FEET; THENCE N00°09’22”W A DISTANCE OF 62.00 FEET TO A NORTHERLY CORNER OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 347.22 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N00°09’22”W ALONG A EAST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N89°50’38”E A DISTANCE OF 347.22 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S00°09’22”E ALONG A WEST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 6,945 SQUARE FEET OR 0.16 ACRES MORE OR LESS. Grand Island Council Session - 8/13/2013 Page 299 / 401 - 6 - TEMPORARY EASEMENT #4 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE S89°50’38”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 1243.61 FEET; THENCE N00°09’22”W A DISTANCE OF 62.00 FEET TO A NORTHERLY CORNER OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 177.48 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 177.48 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S00°09’22”E ALONG A WEST LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 3,550 SQUARE FEET OR 0.08 ACRES MORE OR LESS. TEMPORARY EASEMENT #5 A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF THE SOUTHEAST AND SOUTHWEST QUARTERS OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE ALONG AND UPON SAID NORTH R.O.W. LINE S89°50’38”W A DISTANCE OF 1848.78 FEET; THENCE Grand Island Council Session - 8/13/2013 Page 300 / 401 - 7 - S89°12’48”W A DISTANCE OF 2268.98 FEET; THENCE DEPARTING SAID NORTH R.O.W. LINE N00°47’12”W A DISTANCE OF 62.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N00°47’12”W A DISTANCE OF 60.00 FEET; THENCE N89°12’48”E A DISTANCE OF 1779.47 FEET; THENCE N00°47’12”W A DISTANCE OF 100.00 FEET; THENCE N89°12’48”E A DISTANCE OF 250.00 FEET; THENCE S00°47’12”E A DISTANCE OF 100.00 FEET; THENCE N89°12’48”E A DISTANCE OF 278.08 FEET; THENCE S01°14’48”E A DISTANC E OF 60.43 FEET; THENCE S89°50’38”W A DISTANCE OF 38.72 FEET; THENCE S89°12’48”W A DISTANCE OF 168.13 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 346.69 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 375.85 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 384.03 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 432.92 FEET; THENCE N00°47’12”W A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 10.00 FEET; THENCE S00°47’12”E A DISTANCE OF 23.00 FEET; THENCE S89°12’48”W A DISTANCE OF 511.69 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 162,326 SQUARE FEET OR 3.73 ACRES MORE OR LESS. Total $100.00 WHEREAS, the Leasehold Agreement has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Leasehold Agreement on the above described tract of land, in the total amount of $100.00. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Grand Island Council Session - 8/13/2013 Page 301 / 401 - 8 - Adopted by the City Council of the City of Grand Island, Nebraska, August 13, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/13/2013 Page 302 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item G-18 #2013-266 - Approving Increase to the City's Share of the US Highway 34 Improvements from US Highway 281 to South Locust Street – NDOR Project No. STP 34-4(126); Control No. 41994 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 8/13/2013 Page 303 / 401 Council Agenda Memo From:Scott Griepenstroh, PW Project Manager Meeting:August 13, 2013 Subject:Approving Increase to the City's Share of the US Highway 34 Improvements from US Highway 281 to South Locust Street – NDOR Project No. STP 34-4(126); Control No. 41994 Item #’s:G-18 Presenter(s):John Collins PE, Public Works Director Background On February 28, 2012 the City Council approved the agreement between the City and Nebraska Department of Roads (NDOR) for the improvements to US Highway 34 from US Highway 281 to South Locust Street. Improvements to this stretch of roadway consisted of the following: Concrete Repair, as necessary; Milling and resurfacing the existing roadway and shoulders with asphaltic concrete; Widening the existing roadway to add left-turn lanes at the intersection with Blaine Street; New roadway lighting for the left-turn lanes; Widening of the Wood River Bridge between Garland and Blaine Street, with new guardrail installed; Removal and replacement of the Wood River overflow bridge just west of Blaine Street with a concrete box culvert; and Culverts under US Highway 34 will be extended between Blaine Street and Catfish Avenue. The improvements to US Highway 34 that require City participation begin approximately 300’ west of De Ann Road and continue east to the west side of South Locust Street. The City of Grand Island will pay 50% of the preliminary engineering, construction and construction engineering costs for this portion of the project. The total construction contract was awarded to Werner Construction, Inc. by NDOR in the amount of $2,333,693.90. The total construction costs for the section requiring the Grand Island Council Session - 8/13/2013 Page 304 / 401 City’s participation is $200,498.01. After the contract was awarded, the City’s share had increased from the estimated amount in the original project agreement of $124,889.00 to $129,204.98 due to engineering costs and contingencies. This increase was approved by City Council through Resolution No. 2012-326 on November 13, 2012. Discussion Additional work became necessary once the project got underway. An existing twin culvert pipe under US Highway 34 located approximately 1600 feet west of Locust Street was discovered to have a collapsed section, resulting in a cavity under the pavement. Due to the age and deterioration of the culvert pipe, it was decided to replace the existing pipe with a new concrete box culvert. The City’s participation for the cost of the culvert replacement is $14,625.52, which is 50% of the cost for the portion of culvert replacement under the south pavement lanes. With engineering and project contingencies the City’s share for the project has increased from $129,204.98 to $146,058.50. The NDOR invoice for this project has been attached for review. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the increase of the City’s share for the US Highway 34 Improvements from US Highway 281 to South Locust Street with the Nebraska Department of Roads, for a total amount of $146,058.50. Sample Motion Move to approve the resolution. Grand Island Council Session - 8/13/2013 Page 305 / 401 Grand Island Council Session - 8/13/2013 Page 306 / 401 Grand Island Council Session - 8/13/2013 Page 307 / 401 Grand IslandCouncil Session - 8/13/2013Page 308 / 401 Approved as to Form ¤ ___________ August 9, 2013 ¤ City Attorney R E S O L U T I O N 2013-266 WHEREAS, the Grand Island City Council approved Resolution No. 2012-48 on February 28, 2012, which provided for the City to share in the cost of improving US Highway 34 from US Highway 281 to South Locust Street in the estimated amount of $124,889.00; and WHEREAS, by Resolution No. 2012-326 on November 13, 2013 City Council approved an increase to the City share for such project in the amount of $4,315.98, for a revised total amount of $129,204.98; and WHEREAS, upon such improvement commencing additional work was necessary, an existing twin culvert pipe under US Highway 34 located approximately 1600 feet west of Locust Street was discovered to have a collapsed section, resulting in a cavity under the pavement, due to the age and deterioration of the culvert pipe, it was decided to replace the existing pipe with a new concrete box culvert; and WHEREAS, the City’s participation for the cost of the culvert replacement is $14,625.52, which is 50% of the cost for the portion of culvert replacement under the south pavement lanes; and WHEREAS, with engineering and project contingencies the City’s share for the project has increased from $129,204.98 to $146,058.50. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City’s share of $146,058.50 for such roadway improvements is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 13, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/13/2013 Page 309 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item G-19 #2013-267 - Approving Bid Award for Furnishing and Installation of New Restroom in Stolley Park Staff Contact: Todd McCoy Grand Island Council Session - 8/13/2013 Page 310 / 401 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:August 13, 2013 Subject:Bid Award to Construct a New Restroom Facility at Stolley Park Item #’s:G-19 Presenter(s):Todd McCoy, Parks and Recreation Director Background In 1974 the City of Grand Island took ownership of Stolley State Park. Today, Stolley is one of Grand Island most popular parks. Stolley Park offers a wading pool, playground equipment, disc golf, train rides, tennis courts, horseshoe pits, basketball courts, ball fields, picnic areas, and more. Stolley is home to numerous community events such corporate picnics, Art in the Park, car shows, and more. The west restroom facility at Stolley Park was constructed in the early 1980’s. Discussion The Parks and Recreation Department is recommending replacing the west restroom building at Stolley Park with a modern concrete block facility. The current bathroom is undersized and contains decaying wood walls. The new facility will be much more appealing and handle larger numbers of park users. On July 31, 2013 the Parks and Recreation Department received bids to replace the west Stolley restrooms. Bids were received from three contractors. Nelson Contracting of Grand Island, Nebraska $105,800.00 Leiting Construction, Inc. of Grand Island, Nebraska $109,070.40 FAmos Construction, Inc. of Grand Island, Nebraska $155,514.19 Staff recommends the low bid from Nelson Contracting. The project will be funded by the Parks Misc. Capital Account 40044450-90027. Grand Island Council Session - 8/13/2013 Page 311 / 401 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the City Council award the bid to construct a new restroom facility at Stolley Park to Nelson Contracting of Grand Island, Nebraska. Sample Motion Move to award the bid to construct a new restroom facility at Stolley Park to Nelson Contracting for a total of $105,800. Grand Island Council Session - 8/13/2013 Page 312 / 401 Grand Island Council Session - 8/13/2013 Page 313 / 401 Grand Island Council Session - 8/13/2013 Page 314 / 401 Approved as to Form ¤ ___________ August 9, 2013 ¤ City Attorney R E S O L U T I O N 2013-267 WHEREAS, the City of Grand Island invited sealed bids for Furnishing and Installation of a New Restroom in Stolley Park, according to plans and specifications on file with the Parks and Recreation Department; and WHEREAS, on July 31, 2013, three (3) bids were received, opened and reviewed; and WHEREAS, Nelson Contracting from Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids, plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $105,800.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Nelson Contracting from Grand Island, Nebraska, in the amount of $105,800.00 for Furnishing and Installation of a New Restroom in Stolley Park is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 13, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/13/2013 Page 315 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item G-20 #2013-268 - Approving Certificate of Final Completion for Construction of a New Lincoln Pool Staff Contact: Todd McCoy Grand Island Council Session - 8/13/2013 Page 316 / 401 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:August 13, 2013 Subject:Approve Lincoln Pool Certificate of Final Completion and Acceptance Item #’s:G-20 Presenter(s):Todd McCoy, Parks and Recreation Director Background On July 24, 2012 City Council approved, by Resolution 2012-196, the bid award to Hausmann Construction to build a new Lincoln Park Pool. Funding was made available to complete this project using bonding authority provided through the CRA. The project began last August. The new Lincoln Park Swimming Pool opened to the public on May 25, 2013. The Hausmann contract finished $11,148 under budget. Discussion Even though Lincoln Pool opened to the public in May, Hausmann Construction has been working to finalize a small list of uncompleted items. This short punch list has now been completed by Hausmann Construction and approved by the Parks and Recreation staff. Formal acceptance is appropriate to finalize the project. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 8/13/2013 Page 317 / 401 Recommendation City Administration recommends that the City Council approve the Lincoln Pool Certificate of Final Completion and Acceptance. Doing so will finalize the Lincoln Pool construction project. Sample Motion Move to approve the Lincoln Pool Certificate of Final Completion and Acceptance. Grand Island Council Session - 8/13/2013 Page 318 / 401 Grand Island Council Session - 8/13/2013 Page 319 / 401 Approved as to Form ¤ ___________ August 9, 2013 ¤ City Attorney R E S O L U T I O N 2013-268 WHEREAS, the Parks and Recreation Director of the City of Grand Island has issued his Certificate of Final Completion for Construction of a New Lincoln Pool for the Parks & Recreation Department, certifying that Hausmann Construction, Inc., from Lincoln, Nebraska, under contract dated July 24, 2012, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Parks and Recreation Director recommends the acceptance of the final completion; and WHEREAS, the Mayor concurs in the Parks and Recreation Director’s recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1.The Parks and Recreation Director’s Certificate of Final Completion for Construction of a New Lincoln Pool is hereby confirmed. 2.That a warrant be issued from the CRA in the total amount of $10,000 payable to Hausmann Construction, Inc. for the final amount due the contractor. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 13, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/13/2013 Page 320 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item G-21 #2013-269 - Approving Sole Source Purchase of State Bridge Software from Imagetrend for the Fire Department Staff Contact: Cory Schmidt, Fire Chief Grand Island Council Session - 8/13/2013 Page 321 / 401 Council Agenda Memo From:Cory Schmidt, Fire Chief Meeting:August 13, 2013 Subject:Imagetrend Rescue Bridge Item #’s:G-21 Presenter(s):Russ Blackburn, EMS Division Chief Background The Grand Island Fire Department (GIFD) and the Emergency Medical Service (EMS) within the department are required to keep records of emergency calls and our actions at those emergencies. These requirements come from the Nebraska State Fire Marshal and for EMS the Nebraska Department of Health and Human Services Emergency Medical Services Division (DHHS EMS). In 2005, to make reporting easier, the Nebraska DHHS EMS Division made Imagetrend electric patient care record software available on the internet to all EMS services in Nebraska. This was available because of the Nebraska DHHS EMS Division’s purchase of the State Bridge Software from Imagetrend. Grand Island Fire Department made the switch from a self-created database to the Imagetrend software in January of 2006. The department also invested in Imagetrend Field Bridge software which let the paramedics collect data on tablet computers in the field making operations more efficient, and then post their reports to the internet system at a later time. In 2010 the Nebraska DHHS EMS Division also started to offer fire reporting software through the state Imagetrend software. January of 2011 GIFD started completing fire reports through this system. This allowed sharing of data between fire and EMS reports eliminating multiple entry of the same information. Also in 2011 the department worked with Imagetrend to create an interface that pulled report times directly from the system used by the 911 center to make enter of times faster and more accurate; now tracked to the second. In May 2013 the Nebraska DHHS EMS Division announced they plan to discontinue offering the fire reporting part of the Imagetrend software in July 2014. GIFD has to find another way to enter state and federally mandated fire reporting information. The Grand Island Fire Department would like to purchase Imagetrend’s Rescue Bridge software. This is essentially the same software we have had available from the state, and designed for reporting of both EMS and fire operations plus other beneficial software. Grand Island Council Session - 8/13/2013 Page 322 / 401 One of the biggest benefits to the purchase would be local control of validation rules of the data. With the State Bridge software and state control they had to set-up the software so it could be used by multiple departments with different operating procedures. The purchase of the Rescue Bridge software allows us control of the software, letting us choose what additional data is entered, and what data will be mandatory to enter. This control should allow for better reporting and tracking of statistics to improve department operations. The purchase of the software also gives access to ‘modules’ that we have not had access to in the past. These modules will allow us to combine information in one software platform that we currently track on various software programs, leading to efficiencies. Included in the purchase price are modules for tracking personnel’s daily assignments, and recording training; both currently done by different software. The software also includes an Inventory module; inventory is currently being done on multiple databases with no interoperability. The fire department fire prevention business inspections can be tracked by another module, eliminating another separate program currently used for that purpose. Discussion To purchase the software the Grand Island Fire Department needs the City Council to determine Imagetrend Inc. to be the sole source that can supply the software. Like all software Imagetrend’s Rescue Bridge is proprietary. There are other fire department management software programs; one of the most common is Firehouse software. Firehouse software is one of the software platforms we are trying to eliminate with this purchase as it did not work for our EMS reporting and we have stopped using it for fire reporting because of the interoperability of the Imagetrend software for both purposes. We have been using the same Imagetrend software for seven and half years for EMS reporting and two and half years for fire reporting. To continue the use of the software will require us to purchase it, as the Nebraska HHS EMS Division will no longer be supplying the software for our use to report fires. The purchase of the software will allow us to continue using the software that works well for our department and with the purchase will come benefits of greater local control of the software and other ‘modules’ to assist with fire department management and operations. This is essentially the same software we have had available from the state, and designed for reporting of both EMS and fire operations plus other beneficial software. One of the biggest benefits to the purchase would be local control of validation rules of the data. With the State Bridge software and state control they had to set-up the software so it could be used by multiple departments with different operating procedures. The purchase of the Rescue Bridge software allows us control of the software, letting us choose what additional data is entered, and what data will be mandatory to enter. This control should allow for better reporting and tracking of statistics to improve department operations. The purchase of the software also gives access to ‘modules’ that we have not had access to in the past. These modules will allow us to combine information in one software Grand Island Council Session - 8/13/2013 Page 323 / 401 platform that we currently track on various software programs, leading to efficiencies. Included in the purchase price are modules for tracking personnel’s daily assignments, and recording training; both currently done by different software. The software also includes an Inventory module; inventory is currently being done on multiple databases with no interoperability. The fire department fire prevention business inspections can be tracked by another module, eliminating another separate program currently used for that purpose. The software, set-up, and training will cost $22,500 for the first year, with a recurring cost of $13,500 per year. Imagetrend’s business model is to charge $3.00 per run report entered into their software. As our call volume increases so will the yearly charge for the software and support. All product upgrades and enhancements are covered for the price of the software. The new software can be installed and operational 30 days after the purchase is made. Conversion of data from our current software to the new software will be done at $125 per hour of work required, that quote is still outstanding at the time this memo is being written. Funds to purchase the software are available in the current 2012- 2013 fire department budget. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council determine Imagetrend Inc. to be the sole source available to supply the Rescue Bridge software to the Grand Island Fire Department and approve the purchase of the Imagetrend Inc. Rescue Bridge. Sample Motion Move to determine Imagetrend Inc. to be the sole source available to supply the Rescue Bridge software to the Grand Island Fire Department and approve the purchase of the Imagetrend Inc. Rescue Bridge. Grand Island Council Session - 8/13/2013 Page 324 / 401 Approved as to Form ¤ ___________ August 9, 2013 ¤ City Attorney R E S O L U T I O N 2013-269 WHEREAS, the Grand Island Fire Department has successfully used Imagetrend Inc. software for reporting emergency medical service and fire response activities; and WHEREAS, the State of Nebraska Department of Health and Human Service Emergency Medical Division will no longer be supplying the Imagetrend fire reporting through the State Bridge software; and WHEREAS, Imagetrend Inc.’s Rescue Bridge software is proprietary to Imagetrend Inc.; and WHEREAS, Imagetrend Inc.’s Rescue Bridge will meet the reporting needs plus offer efficiencies in in data collection and other department functions, and WHEREAS, the funds to make the purchase are available in the current 2012- 2013 fire department budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to designate Imagtrend Inc.to sole source for the software, and allow the Grand Island Fire Department to purchase Imagetrend Inc.’s Rescue Bridge software for $22,500 for set-up and the first year, with money for data conversion at $125/ hour, and continuing years use at a fee of $13,500/ year. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 13, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/13/2013 Page 325 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item I-1 #2013-270 - Consideration of Authorizing 2013 Sewer System Revenue and Refunding Bonds and Redemption of Series 2003 Staff Contact: Jaye Monter Grand Island Council Session - 8/13/2013 Page 326 / 401 Council Agenda Memo From:Jaye Monter, Finance Director Meeting:August 13, 2013 Subject:Consideration of Authorizing Series 2013 Sewer System Revenue and Refunding Bonds and Approving Redemption of Series 2003 Sewer System Revenue and Refunding Bonds Item #’s:F-1 & I-1 Presenter(s):Bruce Leftler, Ameritas Investment Corp. Background On May 14, 2013, Council approved Resolution 2013-150 authorizing the declaration of intent to issue bonds for expenses resulting from sanitary sewer collection system and wastewater treatment plant improvements. Discussion Series 2013 Sewer System Revenue and Refunding Bonds will replace the Series 2003 Sewer System Revenue and Refunding Bonds, Date of Original Issue-June 25, 2003 issued pursuant to Ordinance No. 8811 of the City, presently outstanding in the aggregate principal amount of $1,420,000 and are subject to redemption at any time on or after April 1, 2011, at the principal amount thereof plus accrued interest to date fixed for redemption. The 2003 Sewer System Revenue and Refunding Bonds were authorized and issued for the purpose of refunding the City’s Sewer System Revenue Bonds, Series 1994. The Series 2013 Sewer System Revenue and Refunding Bonds will be issued in the principal amount not to exceed $40,000,000 and will help fund a portion of the capital projects listed below under construction or under design with estimated construction start dates. Grand Island Council Session - 8/13/2013 Page 327 / 401 Project Name Start Date Completion Date Estimated Total Cost Council Resolution Resolution Approval Date South and West Interceptor Rehabilitation 03/25/2013 Complete 05/31/2013 $ 1,054,045 2012 - 330 11-13-2012 4th and 5th Eddy to Vine Rehabilitation 03/20/2013 Estimate 08/15/2013 $ 2,046,779 2012 - 360 12-18-2012 Headworks Estimate 06/15/2013 Estimate 06/15/2015 $21,728,264 2013 - 146 05-14-2013 North Interceptor Phase I Estimate 06/12/2013 Estimate 06/26/2014 $11,811,659 2013 - 147 05-14-2013 North Interceptor Phase II Estimate 11/11/2013 Estimate 02/29/2016 $19,905,000 Future Date Future Date Total $56,545,747 Alternatives Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Redemption of Series 2003 Sewer System Revenue and Refunding Bonds and the issuance of Series 2013 Sewer System Revenue and Refunding Bonds in the principal amount not to exceed $40,000,000. Sample Motion Move to approve the Redemption of Series 2003 Sewer System Revenue and Refunding Bonds and the issuance of Series 2013 Sewer System Revenue and Refunding Bonds in the principal amount not to exceed $40,000,000. Grand Island Council Session - 8/13/2013 Page 328 / 401 1 RESOLUTION #2013-270 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, IN THE STATE OF NEBRASKA: Section 1. That the following bonds of the City of Grand Island, in the State of Nebraska (the “City”), which are presently subject to optional redemption at any time, are hereby authorized to be irrevocably called for redemption on a date to be determined in a Direction for Call (as defined below): Sewer System Revenue and Refunding Bonds, Series 2003, Date of Original Issue – June 25, 2003, issued pursuant to Ordinance No. 8811 of the City, presently outstanding in the aggregate principal amount of $1,420,000 (the “Refunded Bonds”), numbered as shown on the books of the Paying Agent and Registrar, becoming due and bearing interest as follows: Principal Amount Maturing April 1 of Year Interest Rate $1,420,000 2014 3.450% The Refunded Bonds are subject to redemption at any time on or after April 1, 2011, at the principal amount thereof plus accrued interest to date fixed for redemption, and said interest is payable semiannually. The Refunded Bonds were authorized by ordinance duly passed and adopted by the Mayor and Council of the City and were issued for the purpose of refunding the City’s Sewer System Revenue Bonds, Series 1994. Section 2. The Refunded Bonds are to be paid off at the principal corporate trust office of Wells Fargo Bank, National Association, (the “Paying Agent”) as paying agent and registrar. Section 3. The Mayor or the City Treasurer (each, an “Authorized Officer”) are each individually hereby authorized at any time on or after the date of this resolution to direct the irrevocable call of the Refunded Bonds and to determine the redemption date on behalf of the City and such direction, when made in writing (the “Direction for Call”), shall constitute the action of the City without further action of the Mayor and Council of the City. The Direction for Call shall include a description of that portion of the Refunded Bonds called for redemption as determined appropriate by the Authorized Officers. Such direction shall be made by an Authorized Officer not later than December 31, 2013, after which date the Authorized Officers shall have no authority to make any such determination hereunder without further action of the Council of the City and this resolution shall be of no further force and effect. Grand Island Council Session - 8/13/2013 Page 329 / 401 2 Section 4. An executed Direction for Call shall be filed with Paying Agent, which delivery is necessary in order for the call of the Refunded Bonds to be effective hereunder. The Paying Agent shall be directed in the Direction for Call to mail notice to all registered owners of the Refunded Bonds to be redeemed not less than thirty days prior to the date fixed for redemption in accordance with resolution authorizing the issuance of the Refunded Bonds and to take all other actions deemed necessary in connection therewith. ADOPTED this 13th day of August, 2013. ________________________________________________________________________ Clerk Mayor Grand Island Council Session - 8/13/2013 Page 330 / 401 G&B DRAFT 8.7.2013 New Issue--Book-Entry Only Rating: Standard & Poor’s: ___ Preliminary Official Statement Dated __________, 2013 In the opinion of Gilmore & Bell, P.C., Bond Counsel, under existing law and assuming continued compliance with certain requirements of the Internal Revenue Code of 1986, as amended (the “Code”), (1) the interest on the 2013 Bonds (including any original issue discount properly allocable to an owner thereof) is excludable from gross income for federal income tax purposes and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations, (2) the interest on the 2013 Bonds is exempt from Nebraska income taxation by the State of Nebraska and (3) the 2013 Bonds have not been designated as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Code. See “TAX MATTERS” in this Official Statement. $36,840,000* CITY OF GRAND ISLAND, NEBRASKA SEWER SYSTEM REVENUE AND REFUNDING BONDS SERIES 2013 Dated: Date of Delivery Due: September 15, as shown below The Sewer System Revenue and Refunding Bonds, Series 2013 (the “2013 Bonds”) are issuable as fully registered bonds and, when initially issued, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”), which will act as securities depository for the 2013 Bonds. Purchases of the 2013 Bonds will be made in book-entry only form, in the principal amount of $5,000 or any integral multiple thereof, through brokers and dealers who are, or who act through, DTC participants. Beneficial owners of the 2013 Bonds will not receive physical delivery of bond certificates so long as DTC or a successor securities depository acts as the securities depository with respect to the 2013 Bonds. Interest is payable on March 15 and September 15 of each year, commencing March 15, 2014. So long as DTC or its nominee is the registered owner of the 2013 Bonds, payments of the principal or redemption price of and interest on the 2013 Bonds will be made directly to DTC. Disbursement of such payments to DTC participants is the responsibility of DTC and disbursement of such payments to the beneficial owners is the responsibility of DTC participants. See “THE 2013 BONDS --Global Book-Entry Bonds.” Wells Fargo Bank, National Association, of Minneapolis, Minnesota, will act as Paying Agent and Registrar for the 2013 Bonds. For terms relating to payments made to DTC or its nominee or in the event that the use of book-entry form is discontinued, see “THE 2013 BONDS.” The 2013 Bonds are subject to optional redemption prior to maturity at any time on or after the fifth anniversary of the date of delivery thereof, as described herein. MATURITY SCHEDULE* Maturity on September 15 Principal Amount Interest Rate Price Maturity on September 15 Principal Amount Interest Rate Price 2014 $1,065,000 %%2022 $1,210,000 %%2015 1,065,000 2023 1,245,00020161,070,000 2024 1,285,000 2017 1,085,000 2025 1,325,00020181,100,000 2026 1,375,00020191,125,000 2027 1,425,000 2020 1,145,000 2028 1,475,00020211,175,000 $8,335,000, % Term Bonds due September 15, 2033, Price – % $10,335,000, % Term Bonds due September 15, 2038, Price – % The proceeds of the 2013 Bonds shall be used to (a) refund the City’s Sewer System Revenue and Refunding Bonds, Series 2003, dated June 25, 2003 (the “2003 Bonds”), presently outstanding in the aggregate principal amount of $1,420,000, (b) construct extensions, enlargements, improvements and betterments to the City’s Sewer System including, without limitation, the 2013 Project (as described herein), (c) pay certain costs of issuance of the 2013 Bonds and (d) fund a portion of the debt service reserve sub- account for the 2013 Bonds. The 2013 Bonds are payable solely from the net revenues and earnings derived and to be derived from the ownership and operation of the City's Sewer System. This cover page contains certain information for quick reference only. It is not a summary of this issue. Investors must read the entire Official Statement to obtain information essential to the making of an informed investment decision. The 2013 Bonds are offered in book-entry form, when, as and if issued and received by the Underwriter and subject to the approval of legality by Gilmore & Bell, P.C., Omaha, Nebraska, as the City’s Bond Counsel, and certain other conditions. It is expected that the 2013 Bonds will be available for delivery through The Depository Trust Company, in New York, New York, on or about September __, 2013. AMERITAS INVESTMENT CORP.This Preliminary Official Statement and the information contained herein are subject to completion or amendment. These securities may not be sold nor may offers to buy be accepted prior to the time the Official Statement is delivered in final form. Under no circumstances shall this Preliminary Official Statement constitute an offer to sell or a solicitation of an offer to buy nor shall there be any sale of these securities in any jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such jurisdiction. *Preliminary, subject to change Grand Island Council Session - 8/13/2013 Page 331 / 401 No dealer, broker, salesman or other person has been authorized by the City of Grand Island or the Underwriter to give any information or to make any representations with respect to the 2013 Bonds other than the information and representations contained in this Official Statement, and, if given or made, such other information or representations must not be relied upon as having been authorized by any of the foregoing. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy nor shall there be any sale of the 2013 Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. The information set forth herein has been furnished by the City and such information is not guaranteed as to accuracy or completeness, and is not to be construed as a representation, by the Underwriter. The Underwriter has provided the following sentence for inclusion in this Official Statement. The Underwriter has reviewed the information in this Official Statement in accordance with, and as a part of, its responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriter does not guaranty the accuracy or the completeness of such information. The information and expressions of opinion herein are subject to change without notice and neither the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the City or with respect to the Sewer System since the date hereof. _______________________________________ IN CONNECTION WITH THE OFFERING OF THE 2013 BONDS, THE UNDERWRITER MAY OVERALLOT OR EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRICE OF SUCH BONDS AT LEVELS ABOVE THOSE WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. _______________________________________ FORWARD-LOOKING STATEMENTS This Official Statement contains “forward-looking statements.” These forward-looking statements include statements about the City’s future plans and strategies, and other statements that are not historical in nature. These forward-looking statements are based on the current expectations of management of the City. When used in this Official Statement, the words “plan,” “expect,” “estimate,” “budget,” “intend,” “anticipate,” “should,” “will,” and similar expressions are intended to identify forward-looking statements. Forward-looking statements involve future risks and uncertainties that could cause actual results and experience to differ materially from the anticipated results or other expectations expressed in forward-looking statements. These future risks and uncertainties include those discussed in the “BONDHOLDERS’ RISKS” section of this Official Statement. The City undertakes no obligation to update any forward-looking statements contained in this Official Statement to reflect future events or developments. Grand Island Council Session - 8/13/2013 Page 332 / 401 i TABLE OF CONTENTS INTRODUCTION.........................................................................................................................................................1 PURPOSE OF ISSUE AND APPLICATION OF PROCEEDS...................................................................................1 AUTHORITY................................................................................................................................................................2 THE 2013 BONDS........................................................................................................................................................2 SOURCES AND APPLICATION OF FUNDS ............................................................................................................7 SECURITY FOR THE 2013 BONDS ..........................................................................................................................7 PLAN OF FINANCING................................................................................................................................................7 DEBT SERVICE ON THE 2013 BONDS ....................................................................................................................8 THE SEWER SYSTEM................................................................................................................................................9 HISTORICAL NET REVENUES AVAILABLE FOR DEBT SERVICE.................................................................12 FINANCIAL STATEMENT.......................................................................................................................................13 TAX BASE DATA......................................................................................................................................................14 UTILITIES ..................................................................................................................................................................17 THE CITY OF GRAND ISLAND AND HALL COUNTY GENERAL INFORMATION ......................................18 ECONOMIC ACTIVITY ............................................................................................................................................21 SUMMARY OF CERTAIN PROVISIONS OF THE ORDINANCE ........................................................................24 BONDHOLDERS' RISKS ..........................................................................................................................................27 NEBRASKA DEVELOPMENTS RELATED TO BUDGETS AND TAXATION ..................................................28 TAX MATTERS .........................................................................................................................................................29 CONTINUING DISCLOSURE UNDERTAKING ....................................................................................................31 LITIGATION ..............................................................................................................................................................31 RATING......................................................................................................................................................................31 UNDERWRITING......................................................................................................................................................32 APPROVAL OF LEGAL PROCEEDINGS ...............................................................................................................32 FINANCIAL STATEMENTS.....................................................................................................................................32 MISCELLANEOUS....................................................................................................................................................32 APPENDIX A—AUDITED FINANCIAL STATEMENTS—CITY OF GRAND ISLAND APPENDIX B—FORM OF CONTINUING DISCLOSURE UNDERTAKING Grand Island Council Session - 8/13/2013 Page 333 / 401 OFFICIAL STATEMENT RELATING TO $36,840,000* CITY OF GRAND ISLAND, NEBRASKA SEWER SYSTEM REVENUE AND REFUNDING BONDS SERIES 2013 INTRODUCTION The purpose of this Official Statement, which includes the cover page, and appendix hereto, is to set forth information concerning the City of Grand Island, Nebraska (“Grand Island,” the “City” or the “Issuer”), the City's sanitary sewer system (the “Sewer System”) and the City's $36,840,000* of Sewer System Revenue and Refunding Bonds, Series 2013 (the “2013 Bonds” or the “Bonds”) referred to herein. The proceeds of the 2013 Bonds will be used to (a) refund the City’s Sewer System Revenue and Refunding Bonds, Series 2003, dated June 25, 2003 (the “2003 Bonds”), presently outstanding in the aggregate principal amount of $1,420,000, (b) construct extensions, enlargements, improvements and betterments to the City’s Sewer System including, without limitation, the 2013 Project (as described herein), (c) pay certain costs of issuance of the 2013 Bonds and (d) fund a portion of the debt service reserve sub-account for the 2013 Bonds. The 2013 Bonds are being issued pursuant to the laws of the State of Nebraska and an Ordinance of the City designated Ordinance No. _____, adopted August 13, 2013 (the “2013 Ordinance”). The 2013 Bonds and any additional sewer revenue bonds which may be hereafter issued pursuant to the 2013 Ordinance (“Additional Bonds”) are herein sometimes collectively referred to as the “Bonds.” The 2013 Ordinance, as amended or supplemented from time to time, is sometimes referred to herein as the “Ordinance.” All 2013 Bonds will be payable (except to the extent payable from bond proceeds) solely from and secured by a pledge of and a lien on the revenues of the City’s Sewer System (the “Revenues”), subject to the prior payment of the operation and maintenance expenses of the Sewer System. Definitions of certain capitalized terms used in this Official Statement can be found under the caption “SUMMARY OF CERTAIN PROVISIONS OF THE ORDINANCE--Definitions” herein. Sources of Certain Information There follow in this Official Statement brief descriptions of the 2013 Bonds, the City, the Sewer System and certain provisions of the Ordinance. All descriptions of documents herein are only summaries and are qualified in their entirety by reference to each such document. During the offering period, copies of such documents may be obtained from the City or from Ameritas Investment Corp. Information in this Official Statement concerning the City and the Sewer System has been prepared by the City. PURPOSE OF ISSUE AND APPLICATION OF PROCEEDS The proceeds of the 2013 Bonds will be used to (a) refund the City’s Sewer System Revenue and Refunding Bonds, Series 2003, dated June 25, 2003, presently outstanding in the aggregate principal amount of $1,420,000, (b) construct extensions, enlargements, improvements and betterments to the City’s Sewer System including, without limitation, the 2013 Project (as described herein), (c) pay certain costs of issuance of the 2013 Bonds and (d) fund a portion of the debt service reserve sub-account for the 2013 Bonds. Accumulated Revenues from the Sewer System will be used to pay the remaining costs of the 2013 Project. *Preliminary, subject to change Grand Island Council Session - 8/13/2013 Page 334 / 401 2 AUTHORITY The 2013 Bonds are being issued in compliance with Sections 10-142 and 18-1803 to 18-1805, R.R.S. Neb. 2012, as amended. The issuance of the 2013 Bonds has been authorized by the Ordinance, legally passed, approved and published by the Mayor and Council of said City. THE 2013 BONDS The 2013 Bonds will be issued in the aggregate principal amount of $36,840,000*, will bear date of delivery, will bear interest (computed on the basis of a year of 360 days consisting of twelve thirty-day months) at specified rates, payable on March 15 and September 15 of each year (each, an “Interest Payment Date”), commencing March 15, 2014, and will mature on the dates, all as set forth on the cover page of this Official Statement. The 2013 Bonds are issuable only in fully registered form in the denomination of $5,000 or any integral multiple thereof. Initially, the 2013 Bonds will be registered in the name of Cede & Co. and will be made available to beneficial owners in book-entry only form, as described below. General The principal of and interest on the 2013 Bonds due at maturity or upon redemption prior to maturity are payable at the designated corporate trust office of Wells Fargo Bank, National Association, the Paying Agent and Registrar, in Minneapolis, Minnesota, or at any successor paying agent and registrar appointed by the City as provided in the Ordinance (the “Paying Agent and Registrar,” or the “Paying Agent”), upon presentation and surrender thereof. Interest on the 2013 Bonds due prior to maturity or earlier date of redemption will be paid to the registered owners thereof as of the close of business on the fifteenth day immediately preceding each Interest Payment Date (the “Record Date”) and will be paid by check or draft drawn on the Paying Agent and Registrar, or on any successor paying agent and registrar appointed by the City, and mailed on each Interest Payment Date to the registered owners thereof at the addresses shown on the registration books maintained by the Paying Agent and Registrar notwithstanding the cancellation of any such 2013 Bond upon any exchange or transfer thereof subsequent to the Record Date and prior to such Interest Payment Date. The principal of and interest on the 2013 Bonds will be paid in lawful money of the United States of America. Such procedures and methods for payment will apply in the event that provisions for global book-entry bonds as described below cease to be in effect and will apply to the holding and transfer of bonds by DTC subject to certain modifications provided for in a Letter of Representations between the City, the Paying Agent and Registrar and DTC. Global Book-Entry Bonds The 2013 Bonds will be available to the ultimate purchasers in global book-entry form only, in the principal amount of $5,000 or integral multiples thereof. Purchasers of the 2013 Bonds will not receive certificates representing their interests in the 2013 Bonds purchased, except as described below. The following description of the procedures and record-keeping with respect to beneficial ownership interests in the 2013 Bonds, payment of interest and other payments on the 2013 Bonds to Participants (as hereinafter defined) or Beneficial Owners (as hereinafter defined) of the 2013 Bonds, confirmation and transfer of beneficial ownership interests in the 2013 Bonds and other related transactions by and between DTC, Participants and Beneficial Owners of the 2013 Bonds, is based solely on information furnished by DTC to the City for inclusion in this Official Statement. Accordingly, the City and the Registrar do not make any representations concerning these matters, and the Beneficial Owners of the 2013 Bonds should not rely on the following information with respect to such matters, but should instead confirm the same with the Participants from whom they purchased the 2013 Bonds. *Preliminary, subject to change Grand Island Council Session - 8/13/2013 Page 335 / 401 3 The Depository Trust Company (“DTC”), New York, NY, will act as securities depository for the 2013 Bonds. The 2013 Bonds will be issued as fully-registered securities registered in the name of Cede & Co. (DTC’s partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully-registered certificate will be issued for each separate maturity of the 2013 Bonds, each in the aggregate principal amount of such maturity, and will be deposited with DTC. DTC, the world’s largest depository, is a limited-purpose trust company organized under the New York Banking Law, a “banking organization” within the meaning of the New York Banking Law, a member of the Federal Reserve System, a “clearing corporation” within the meaning of the New York Uniform Commercial Code, and a “clearing agency” registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments from over 100 countries that DTC’s participants (“Direct Participants”) deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book-entry transfers and pledges between Direct Participant’s accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation (“DTCC”). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (“Indirect Participants”). DTC has a Standard & Poor’s rating of AA+. The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com and at www.dtc.org. Purchases of the 2013 Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the 2013 Bonds on DTC’s records. The ownership interest of each actual purchaser of the 2013 Bond (“Beneficial Owner”) is in turn to be recorded on the Direct and Indirect Participants’ records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the 2013 Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in 2013 Bonds, except in the event that use of the book-entry system for the 2013 Bonds is discontinued. To facilitate subsequent transfers, all 2013 Bonds deposited by Direct Participants with DTC are registered in the name of DTC’s partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Securities with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the 2013 Bonds; DTC’s records reflect only the identity of the Direct Participants to whose accounts such 2013 Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of 2013 Bonds may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the 2013 Bonds, such as redemptions, Grand Island Council Session - 8/13/2013 Page 336 / 401 4 tenders, defaults, and proposed amendments to the documents relating to the 2013 Bonds. For example, Beneficial Owners of 2013 Bonds may wish to ascertain that the nominee holding the 2013 Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the Registrar and request that copies of notices be provided directly to them. Redemption notices shall be sent to DTC. If less than all of the 2013 Bonds within a maturity are being redeemed, DTC’s practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to 2013 Bonds unless authorized by a Direct Participant in accordance with DTC’s Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the City (or the Registrar) as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.’s consenting or voting rights to those Direct Participants to whose accounts 2013 Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Redemption proceeds, principal, and interest payments on the 2013 Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC’s practice is to credit Direct Participants’ accounts upon DTC’s receipt of funds and corresponding detail information from the Registrar, on payable date in accordance with their respective holdings shown on DTC’s records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in “street name,” and will be the responsibility of such Participant and not of DTC nor its nominee, the Registrar or the City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, principal, and interest payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the Registrar (from funds provided by the City), disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as depository with respect to the 2013 Bonds at any time by giving reasonable notice to the City or the Registrar. Under such circumstances, in the event that a successor depository is not obtained, certificates for the 2013 Bonds are required to be printed and delivered. The City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that event, certificates for the 2013 Bonds will be printed and delivered. The information under this subcaption concerning DTC and DTC’s book-entry system has been obtained from sources that the City believes to be reliable, but the City takes no responsibility for the accuracy thereof. The City and the Registrar will not have any responsibility or obligation to Participants, to Indirect Participants or to any Beneficial Owner with respect to (i) the accuracy of any records maintained by DTC, any Direct Participant or any Indirect Participant; (ii) the payment by DTC or any Direct Participant or Indirect Participant of any amount with respect to the principal or redemption price of or interest on the 2013 Bonds; (iii) any notice which is permitted or required to be given to bondholders under the Ordinance; (iv) the selection by DTC or any Direct or Indirect Participant of any person to receive payment in the event of a partial redemption of the 2013 Bonds; or (v) any consent given or other action taken by DTC as Bondholder. Grand Island Council Session - 8/13/2013 Page 337 / 401 5 The information included under this subcaption, other than in this paragraph, the preceding paragraph hereof and the first two full paragraphs under this subcaption, has been provided by DTC. No representation is made by the City or the Registrar as to the accuracy or adequacy of such information provided by DTC or as to the absence of material adverse changes in such information subsequent to the date hereof. The Beneficial Owners of the 2013 Bonds will rely on DTC Participants or Indirect Participants for timely payments and other notices and for otherwise making available to the Beneficial Owners the rights of a Bondholder. No assurances can be given, in the event of the bankruptcy or insolvency of DTC or the Direct Participant or Indirect Participant through which a Beneficial Owner holds beneficial interest in the 2013 Bonds, that payment will be made by DTC, the Direct Participant or the Indirect Participant on a timely basis. Notice to Bondholders Notice of any proposed modification or amendment of the Ordinance by means of a supplemental ordinance that is to be effective with the consent of the registered owners of the 2013 Bonds as well as all notices of redemption will be mailed to DTC, as the registered owner of the 2013 Bonds then outstanding. No assurance can be given by the City or the Paying Agent and Registrar that DTC will distribute to the Participants, or that the Participants will distribute to the Beneficial Owners, (i) payment of debt service on the 2013 Bonds paid to DTC, or its nominee, as the registered owner, or (ii) any redemption or other notices, or that DTC or the Participants will serve and act on a timely basis or in the manner described in this Official Statement. Optional Redemption* The 2013 Bonds are subject to redemption at the option of the City prior to maturity at any time on or after the tenth anniversary of the date of delivery thereof, in whole or in part, at the principal amount thereof plus accrued interest to the date fixed for redemption. The City may select 2013 Bonds to be redeemed in its sole discretion, including particular maturities as it deems appropriate. Mandatory Redemption* The 2013 Bonds maturing September 15, 2033 (the “2033 Term Bonds”) shall be subject to mandatory sinking fund redemption at a redemption price equal to 100% of the principal amount thereof and accrued interest to the redemption date of September 15 of the years, and in the principal amounts, as follows: Redemption Date September 15 of the Year Principal Amount 2029 $1,535,000 2030 1,595,000 2031 1,665,000 2032 1,735,000 2033*1,805,000 *Final Maturity The 2013 Bonds maturing September 15, 2038 (the “2038 Term Bonds”) shall be subject to mandatory sinking fund redemption at a redemption price equal to 100% of the principal amount thereof and accrued interest to the redemption date of September 15 of the years, and in the principal amounts, as follows: Redemption Date September 15 of the Year Principal Amount 2034 $1,880,000 *Preliminary, subject to change Grand Island Council Session - 8/13/2013 Page 338 / 401 6 2035 1,970,000 2036 2,060,000 2037 2,160,000 2038*2,265,000 *Final Maturity Notice of Redemption; Effect of Redemption Notice of call for redemption, identifying the Series 2013 Bonds or portions thereof to be redeemed shall be given by the Registrar by mail or by other means acceptable to DTC, sent to the registered owners of the Series 2013 Bonds to be redeemed (initially, Cede & Co.) at their registered addresses as shown on the registration books maintained by the Registrar, first class, postage prepaid, not less than thirty (30) days prior to the date fixed for redemption. Failure to give notice to any registered owner or any defect in the notice shall not affect the validity of the proceedings calling the Series 2013 Bonds or the redemption of any Series 2013 Bonds for which proper notice has been given. The City shall have the right to direct further notice of redemption for any Series 2013 Bond for which defective notice has been given. Transfer of 2013 Bonds The 2013 Bonds are transferable upon presentation for cancellation to the Paying Agent and Registrar at its designated corporate trust office, initially located in Minneapolis, Minnesota. To be transferred, any 2013 Bond must be accompanied by a written instrument of transfer in form satisfactory to the Paying Agent and Registrar and must be accompanied by such signature guaranties and other evidence as the Paying Agent and Registrar may require. Upon surrender of any 2013 Bond in proper form, the Paying Agent and Registrar will deliver at its office or send by registered mail to the transferee owner or owners at such transferee owner's or owners' risk and expense, a new 2013 Bond or 2013 Bonds of the same maturity, interest rate and aggregate principal amount registered in the name of the transferee owner or owners. To the extent of the denominations permitted by the Ordinance, one 2013 Bond may be transferred for several 2013 Bonds of a like maturity, interest rate and aggregate principal amount and several 2013 Bonds may be transferred for one or several 2013 Bonds, respectively, of the same maturity, interest rate and aggregate principal amount. Transfer of interests by Beneficial Owners, so long as there is a securities depository serving will be governed by the procedures described under “THE 2013 BONDS - Global Book-Entry Bonds” herein. Grand Island Council Session - 8/13/2013 Page 339 / 401 7 SOURCES AND APPLICATION OF FUNDS Following are the estimated sources and applications of funds: Sources of Funds: Par Amount of 2013 Bonds $___________ Net Original Issue Premium (Discount)___________ 2003 Bonds Debt Service Reserve Fund ___________ City Funds ___________ Total Sources of Funds $ Application of Funds: Deposit to Construction Fund $___________ Deposit to Debt Service Reserve Fund ___________ Costs of Issuance (including Underwriter’s discount)___________ Total Applications of Funds $ SECURITY FOR THE 2013 BONDS The 2013 Bonds are issued pursuant to the Ordinance. The principal of and interest on the 2013 Bonds will be payable solely from and secured by a pledge of the revenues and earnings of the Sewer System, subject only to payment of operation and maintenance expenses. In addition, a deposit to the Debt Service Reserve Account is to be made from reserves held with respect to the 2013 Bonds. Monies in the Debt Service Reserve Account are required to be applied to pay principal and interest on the 2013 Bonds or any Additional Bonds of equal lien with the 2013 Bonds in the event that there are insufficient funds available for such purpose in the Bond Payment Account as established under the terms of the Ordinance. In the Ordinance the City has covenanted to establish and maintain rates and charges for service provided by the Sewer System sufficient to pay: 1) principal and interest on the 2013 Bonds and any Additional Bonds as the same fall due, 2) to pay all costs of operation and maintenance of the Sewer System, 3) to provide for deposits to the various accounts established under the Ordinance, and 4) to maintain Net Revenues for each year (as defined in the Ordinance) at least equal to 120% of the debt service due on the 2013 Bonds and any Additional Bonds in such fiscal year. Not General Obligations The 2013 Bonds are not a debt of the State of Nebraska or of the City within the meaning of any constitutional or statutory limitation upon the creation of general obligation indebtedness. The City is liable for the payment of the 2013 Bonds only from the revenues of the Sewer System and not from any tax monies or other resources. The enforcement of the rights of the holders of the 2013 Bonds under the Ordinance could be affected in the event of a petition for adjustment of debts of the City under the United States Bankruptcy Code. PLAN OF FINANCING The proceeds of the 2013 Bonds will be used to (a) refund the City’s Sewer System Revenue and Refunding Bonds, Series 2003, dated June 25, 2003, presently outstanding in the aggregate principal amount of $1,420,000, (b) construct extensions, enlargements, improvements and betterments to the City’s Sewer System including, without limitation, the 2013 Project (as described herein), (c) pay certain costs of issuance of the 2013 Bonds and (d) fund a portion of the debt service reserve sub-account for the Grand Island Council Session - 8/13/2013 Page 340 / 401 8 2013 Bonds. Accumulated Revenues from the Sewer System will be used to pay the remaining costs of the 2013 Project. 2013 Project The City expects to break ground on an interceptor sewer project to update piping in the north interceptor piping corridor of the City (the “North Interceptor Project”) during the summer of 2013 and expects the project to be completed by the winter of 2013/2014. See “SEWER SYSTEM – Wastewater Collection and Transmission” in this Official Statement. The proceeds of the 2013 Bonds will be used to pay a portion of the costs of phase I of the North Interceptor Project. The City has broken ground at the City’s wastewater treatment plant (the “WWTP”) for the headworks project, which includes upgrades and improvements to the WWTP to replace aging infrastructure and improve efficiency (the “Headworks Project”) and expects it to be completed by July 2015. See “SEWER SYSTEM – Wastewater Treatment Plant” in this Official Statement. The North Interceptor Project and the Headworks Project are herein referred to as the “2013 Project”. DEBT SERVICE ON THE 2013 BONDS The 2013 Bonds, when issued, will be the only bonds payable from the revenues of the Sewer System. The following table shows the debt service on the Bonds. Information below with respect to the 2013 Bonds is based upon the maturity schedule and interest rates shown on the cover page of this Official Statement. 2013 Bonds Fiscal Year Principal*Interest Total TotalDebt Service2014$1,065,000 $$$2015 1,065,00020161,070,00020171,085,00020181,100,00020191,125,00020201,145,00020211,175,00020221,210,00020231,245,00020241,285,00020251,325,00020261,375,00020271,425,00020281,475,00020291,535,00020301,595,00020311,665,00020321,735,00020331,805,00020341,880,00020351,970,00020362,060,00020372,160,00020382,265,000TOTAL$36,840,000 $$$ *Preliminary, subject to change Grand Island Council Session - 8/13/2013 Page 341 / 401 9 THE SEWER SYSTEM The City issued sewer system revenue bonds in April 1994, proceeds of which were used to pay costs of a waste water treatment plant expansion. The plant additions were constructed to enable the City to treat projected flow requirements through the year 2005 and to meet new regulations on effluent and sludge. The improvements increased capacity from 11.3 million gallons per day to 18.1 million gallons per day of peak month flow and from 18,150 pounds per day to 30,850 pounds per day biochemical oxygen demand. The cost of said improvements totaled approximately $14.7 million. Subsequent improvements included the construction of a major interceptor line needed to serve a large area identified in the Comprehensive Plan as the West Basin. This line provides service to a rapidly growing area in the northwest portion of Grand Island. Improvements funded from proceeds of the City’s Sewer System Revenue and Refunding Bonds, Series 2003, as to their portion received as new borrowing rather than refinancing, were applied to improvements to the sewer plant, certain sewer lines, engineering costs, fees of consultants and other extensions and improvements to the sewer system at a cost of approximately $3.15 million. The 2013 Bonds will finance a portion of the North Interceptor Project and a portion of the Headworks Project. The City provides sewer service to most of the area within its corporate limits and a small number of customers outside the City limits. The Sewer System currently services 15,371 residential, commercial, interdepartmental and industrial customers. Large industrial customers include JBS, McCain Foods and Case New Holland, all of which are served subject to the City’s discharge permit conditions and requirements in accordance with Chapter 30 of the Grand Island City Code. The number of customers served by the Sewer System is approximately 98% of the total customers served by the City’s water system. The following table shows the wastewater gallons treated and revenue for the calendar year ended December 31, 2012, for the City’s five largest sewer service customers. Wastewater System’s Five Largest Customers Calendar Year Ended December 31, 2012 Wastewater Gallons Customer Treated Revenue JBS MCCAIN FOODS NEW HOLLAND SAINT FRANCIS MEDICAL CENTER GRAND ISLAND VETERANS HOME(1) 927,721,000 55,182,503 35,304,852 21,163,912 17,516,664 $1,878,325.84 $325,099.42 $68,925.26 $51,422.60 $42,904.02 (1) It was recently announced that the Veterans Home would be relocated to the City of Kearney, in the State of Nebraska, which relocation is expected to occur by 2018. The City of Grand Island and other political subdivisions, including Hall County, are considering taking measures to retain the Veterans Home in Grand Island. The charges for wastewater in the City of Grand Island are based upon the quality and amount of treatment to restore wastewater to the required levels of purity. Grand Island Council Session - 8/13/2013 Page 342 / 401 10 Wastewater Flows Historical and projected peak-month wastewater flows are summarized in the following table. The peak- month flow has grown from 14.3 mgd in fiscal year 2006 to 19.7 mgd in 2008. The peak-month flow experienced in June of 2008 resulted from record high rainfall. The peak-month flow experienced in 2012 resulted from the drought in that year. Assuming normal weather conditions, the peak-month flow is projected to increase to 30* mgd by fiscal year 2039, which the 2013 Project is designed to accommodate. *This number depends on rainfall because over 50% of the City’s flow is made up of infiltration and inflow. The City is presently conducting a study of the impact of rain events and is metering impacted areas of the City. Historical and Projected Wastewater Flows: Fiscal Year Peak-Month Flow (mgd) Historical 2006 14.3 2007 13.7 2008 19.7 2009 14.1 2010 15.4 2011 13.0 2012 10.5 Projected(1)2013 14.5 2014 15.0 (1) Projected flows assume normal rainfall conditions. A study is currently being conducted regarding projections. Wastewater Collection and Transmission The City’s wastewater collection system consists of approximately 225 miles of sewer lines, including 220 miles of gravity sewer and 5 miles of force main. The collection system also includes eighteen lift stations. Wastewater is conveyed to the WWTP for treatment. In 1988, the Department of Public Works began a program to survey all the sewer lines with closed- circuit television over a twenty-year period to evaluate the condition of the wastewater collection system. At the same time, a collection system repair program was started to repair structural defects. The North Interceptor Project is expected to address a portion of the conditions found in the north interceptor piping corridor. In 2009 a sewer condition assessment was performed by the engineering firm CH2M Hill. A rating system was set up using a lettering system from A-F; with “A” being excellent condition and “F” grade representing imminent failure. The north interceptor piping corridor was found to be 100% grade “F” condition. Portions of the South and West Interceptor as well as the sanitary sewer line in the alley between 4th and 5th from Eddy to Vine also received failing grades. Although the collection system maintenance is regularly performed, the decline of this infrastructure was primarily caused by its age the and materials used in construction. Rehabilitation/Replacement of these lines has become a priority for the City of Grand Island. A portion of the proceeds of the 2013 Bonds will be used to pay part of the North Interceptor Project. Sewer lines fifteen inches and less in diameter are flushed at 3 to 5 year intervals, typical industry standards. Maintenance activities are tracked by a Wastewater Collection Management System computer program. The program compiles flushing history, backup history and TV inspection history and generates work orders. During 2010 a prioritization program to determine where the problem areas that needed greater attention was finalized: these areas were identified and put on a more aggressive schedule. Grand Island Council Session - 8/13/2013 Page 343 / 401 11 The eighteen collection system lift stations are connected to a 24 hour per day 7 day per week alarming and telemetry system known as “Crystal Ball”. Crystal Ball provides high-level and loss-of-power alarms. The lift stations are visited and checked twice each week to ensure proper operation and personnel are on call twenty-four hours per day for both collection system and lift station failures. Wastewater Treatment Plant All wastewater in the City’s service area, including that received from large users, is treated at the Grand Island Wastewater Treatment Plant. The WWTP is located approximately two miles east of the City of Grand Island. The WWTP was originally constructed in 1964 and was upgraded in 1977. The upgraded plant has a peak-month design capacity of 10.0 mgd of raw wastewater, plus 1.3 mgd of wastewater from JBS. The plant was upgraded again in 1995 to a peak-month design capacity of 18.1 mgd. Prior to the 1994-1995 expansion project, the WWTP was at or near its treatment capacity. A comprehensive wastewater management plan, based on a twenty-year planning period, was completed by the City in November 1992 (the “Facilities Plan”). The recommendations in the Facilities Plan called for expansion of the existing WWTP to provide adequate treatment for the increasing flows and loadings entering the plant and to provide the necessary level of treatment to meet new regulations for effluent limitations and new sludge regulations. This expansion was completed December 31, 1995. In 2010, the primary clarifier mechanism replacement project was completed. This project consisted of replacing the mechanisms, bridge, and concrete repair work on both the clarifiers and the grit chambers. Paint and coatings were also applied to areas that are contacted by water. JBS (Swift) installed a new pre-treatment system on its wastewater discharge that reduced the Biochemical Oxygen Demand loading on the Grand Island Wastewater Treatment Facility. The new pre- treatment system was put on line during the Fall of 2011. In 2012, two new blowers were installed and the existing aeration basin diffusers were replaced. The blowers are operated by a computer monitoring DO (Dissolved Oxygen) in the aeration basins and aeration basin valve positions. The computer makes the blowers run faster or slower and opens or closes the aeration basin valves based on the DO readings. This optimizes the use of electricity at the WWTP and, combined with the reduction of Biochemical Oxygen Demand from JBS, has significantly reduced the electric bill. A portion of the proceeds of the 2013 Bonds will be used to pay part of the Headworks Project. The Headworks Project at the WWTP consists of new influent pumps, mechanically cleaned bar screens and grit removal. Most of the existing equipment was installed during 1964. The influent pumps will initially have a firm capacity (pumping capacity with the largest pump out of service) of 40 MGD. The firm capacity can be increased to 50 MGD, to accommodate growth, by replacing the smaller pumps with bigger pumps. The influent pumps, mechanically cleaned bar screen and grit removal system will be connected to the WWTP’s Supervisory Control and Data Acquisition System (SCADA) and will be monitored 24 hours per day/7 days per week. The influent pumps will be more energy efficient and will lower electrical costs. The mechanically cleaned bar screen and grit removal system will remove more rags, debris and grit than is currently being done and should reduce maintenance costs. Grand Island Council Session - 8/13/2013 Page 344 / 401 12 HISTORICAL NET REVENUES AVAILABLE FOR DEBT SERVICE The following table sets forth the revenues and expenses and net income available for debt service for the Sewer Department for the fiscal years ended September 30, 2010, 2011 and 2012. City of Grand Island, Nebraska Historical Revenues and Expenses Sewer Department Fiscal Year Ended September 30, Audited 2012 2011 2010 Operating revenues: Sewer revenue: Consumers $8,240,781 $8,616,829 $9,203,812 Other revenue 134,083 108,674 134,276 Total operating revenues $8,374,864 $8,725,503 $9,338,088 Operating expenses: Operation of system $3,146,713 $3,534,684 $3,792,921 Maintenance of system 448,041 526,239 538,242 Consumer accounting and collection 528,130 704,765 582,092 General office expense 557,842 532,363 486,907 Special services 37,177 9,318 438,510 Insurance 69,542 69,500 69,500 Depreciation 2,587,687 2,472,030 2,518,157 Amortization 99,228 100,426 100,426 Total operating expenses 7,474,360 7,949,325 8,526,755 Net operating revenues $ 900,504 $ 776,178 $ 811,333 Other income (expense): Interest expense $(128,220)$(183,191)$(239,323) Interest income 52,319 58,276 144,919 Contributions 754,249 364,687 83,009 Gain on sale of assets 30,000 43,343 3,450 Special assessment 65,440 50,964 62,031 773,788 334,079 54,086 Net income $1,674,292 $1,110,257 $ 865,419 Debt Service Coverage The table below presents on an unaudited pro forma basis the revenues available for debt service and debt service coverage required by the Ordinance for the periods indicated, taking into account the 2013 Bonds. Net income $1,674,292 $1,110,257 $ 865,419 Add back depreciation, amortization and interest expense; subtract gain on sale of assets 2,785,135 2,712,304 2,854,456 Net available for Debt Service $4,459,427 $3,822,561 $3,719,875 Average Annual Debt Service on 2013 Bonds Pro Forma Historical Debt Service Coverage x x x Grand Island Council Session - 8/13/2013 Page 345 / 401 13 FINANCIAL STATEMENT City of Grand Island, Nebraska Taxable Valuation (2012)$ 2,517,067,460 General Obligation Debt 1,720,000 Public Safety Tax Anticipation Refunding Bonds, Series 2011(1)4,540,000 Redevelopment Revenue Bonds (Lincoln Park Pool Project – Ltd Tax Pledge) CRA(2)1,800,000 Lease Purchase Debt Grand Island Fac Corp Refunding Building Bonds (Library Project)2,325,000 Fonner Park Exposition and Events Center Refunding Bldg. Bonds (Heartland Events Center Project)5,330,000 Lease Purchase Agreement dated as of July 1, 2009 (State Fair Project)2,743,651 Ratio of Direct Debt to Taxable Valuation 0.73% Direct, Overlapping and Underlying G.O. Debt $68,536,994 Ratio of Direct, Overlapping and Underlying G.O. Debt to Taxable Valuation 2.72% Population (2010 Census)48,520 Revenue Debt(3) Electric System Revenue Bonds, Series 2012 $ 17,810,000 Water Revenue and Refunding Bonds, Series 2012 3,505,000 Sewer System Revenue and Refunding Bonds, Series 2003(4)1,420,000 Sewer System Revenue and Refunding Bonds, Series 2013 (this issue)36,840,000* Overlapping Debt Hall County Taxable Valuation (2012)$4,022,486,241 General Obligation Bonds 17,475,000 (62.57% applicable to City)10,934,108 Population (2010 Census)58,607 Hall County Airport Authority Taxable Valuation (2012)$4,022,486,241 Bonded Indebtedness 3,345,000 (62.57% applicable to City)2,092,967 Hall County School District 0002 Taxable Valuation (2012)$2,609,831,071 General Obligation Debt 31,260,000 Limited Tax 5,900,000 Certificates of Participation 1,255,000 $ 38,415,000 (96.45% applicable to City) 37,051,268 (1) Limited to 5 cents per $100 of taxable valuation. (2) Limited to 2.6 cents per $100 of taxable valuation. (3) Not included are $5,880,000 Solid Waste Disposal Facilities Revenue Bonds (Microgy Grand Island, LLC Project), Series 2008 (AMT), for which the City is to have no pecuniary liability under Section 13-1103, R.R.S. Neb. 2012. (4) Expected to be refunded with a portion of the proceeds of the 2013 Bonds. The City has annexed several areas which are responsible for a portion of certain school indebtedness. Such indebtedness includes $2,810,000 General Obligation Refunding Bonds for Hall County School District 0082. Data concerning the valuation of property within the City which is responsible for this indebtedness is not readily available. *Preliminary, subject to change Grand Island Council Session - 8/13/2013 Page 346 / 401 14 Total General Obligation Debt Service The following table shows the debt service due on the City’s outstanding general obligation and lease purchase bonded indebtedness. Fiscal Year Ending Sept. 30, Total Debt Service Fiscal Year Ending Sept. 30, Total Debt Service 2013 $ 3,553,856.27 2020 $ 716,713.75 2014 3,723,192.83 2021 711,875.00 2015 3,719,879.08 2022 710,370.00 2016 3,453,159.08 2023 717,137.50 2017 2,657,090.33 2024 514,757.50 2018 1,914,203.75 2025 513,458.75 2019 714,515.00 Future Borrowing Plans The City anticipates issuing approximately $25 million of indebtedness which would be issued on a parity as to the Revenues with the 2013 Bonds in fiscal year 2015. In addition, the City expects to incur costs within the next two years for street and other capital improvements of approximately $5,000,000, some of which may be financed through the issuance of the City’s general obligation various purpose bonds or other bonds. The City also expects to create sewer and water improvement districts over the next several years which are currently expected to result in the issuance of an additional total of approximately $1,000,000 annually of general obligation various purpose bonds. Potential regulatory impacts on the electric utility industry may result in the City issuing electric system revenue bonds beginning in 2013. The initial issuance may be approximately $46,525,000. TAX BASE DATA Tax Valuation The value of property subject to tax levy for recent years is set forth below for Grand Island and Hall County: Year Grand Island Tax Valuation Hall County Tax Valuation 2008 2,284,748,540 3,400,769,712 2009 2,351,143,887 3,586,849,309 2010 2,395,497,486 3,743,458,683 2011 2,459,250,522 3,860,618,995 2012 2,517,067,460 4,022,486,241 Grand Island Council Session - 8/13/2013 Page 347 / 401 15 Tax Levy History The following is the amount levied against City of Grand Island valuation for recent past years in dollars per hundred of taxable valuation: Fiscal Year City of Grand Island School District Hall County Other Units(1)Total 2008 0.2905 1.1977 0.4209 0.1935 2.1026 2009 0.3085 1.1977 0.4303 0.1891 2.1256 2010 0.3092 1.2013 0.4310 0.2008 2.1423 2011 0.3697 1.1986 0.4342 0.2093 2.2118 2012 0.3694 1.2338 0.4342 0.2833 2.3207 (1) Other units levying property tax include Hall County Airport Authority, Central Community College, Central Platte Natural Resources District, Educational Service Unit #10 and Hall County Agricultural Society. Tax Collection History The fiscal year of the City begins October 1 and ends September 30. Taxes are levied in September based upon a valuation as of the preceding January 1. First installments of real estate taxes are due the following May 1, second installment due September 1; personal property taxes are due May 1 and September 1. Delinquent taxes bear 14% interest. The figures below include interest and penalties. Property taxes collected on the City levy for the most recent years are as follows: Fiscal Year Tax Revenues Budgeted/Levied Tax Revenues Received Percentage Received 2008/09 5,711,871 5,512,734 96.5 2009/10 6,406,867 6,202,194 96.8 2010/11 6,527,730 5,165,684 79.1 2011/12 7,970,431 8,016,697 100.0 2012/13 8,157,816 n/a n/a Source: The City Sales Tax The City is currently levying a one and one-half percent (1 ½%) sales tax under the Local Option Revenue Act. Such tax is expected to produce approximately $13,500,000 in revenue per year. Such tax in the amount of 1 percent was approved by the voters of the City in 1990. An additional sales tax of one- half percent (½%) was approved by voters of the City on May 11, 2004, and became effective October 1, 2004. Receipts from such additional 1/2% sales tax are to be used to pay for capital improvements as well as property tax relief. To the extent that amounts are applied from such additional sales tax to property tax relief, the City’s requirements for its general fund levy will be reduced. Both the original approved levy and the additional levy are not limited as to their duration. The following table shows receipts from sales taxes by the City for the past five years. Fiscal Year Ended September 30,Amount Received 2008 13,455,339 2009 13,463,354 2010 13,164,277 2011 13,519,385 2012 13,390,255 Grand Island Council Session - 8/13/2013 Page 348 / 401 16 Special Assessments Collection data for special assessments, including interest, for the five-year period are shown below. Special assessments have been levied to pay a portion of the cost of certain sidewalk, sewer, water and street improvement projects. Year Amount Collected Through Sept. 30 Principal Amount Outstanding Sept. 30 2008 3,079,908 2,891,141 2009 2,060,408 2,540,815 2010 1,574,191 2,061,094 2011 669,759 1,383,040 2012 897,807 1,112,276 Largest Taxpayers Listed below are the ten largest taxpayers in the City of Grand Island as of January 1, 2013, as reported by the County Assessor. Taxpayer Type of Business Taxable Valuation % of Total Union Pacific Railroad Co.Railroad $25,145,954*1.07% Wal-Mart Real Estate Retail Store 24,084,258 1.02 Conestoga Mall 2002 LLC Shopping Center 23,604,202 1.00 ConAgra Beef Company Cattle Slaughter/Boxed Beef 16,819,383 0.72 New Holland Inc.Agricultural Machinery 12,699,666 0.54 CenturyLink Communications 9,989,076*0.42 CHT Grand Island NE Senior Living Apartments 9,161,689 0.39 Individual Taxpayer n/a 8,997,022 0.38 BNSF Railway Company Railroad 8,353,475*0.36 Morrison Enterprises LLC Agricultural Company 8,031,697 0.34 *Real Estate and Personal Property General Fund Expenditure by Function Set forth below are data concerning general fund expenditures for the City for its last five fiscal years: Fiscal Year General Government Public Safety Public Works Health & Welfare(1) Culture Recreations Totals 2008 3,392,738 15,972,574 5,453,641 2,511,088 5,250,795 32,580,836 2009 3,490,203 15,988,725 6,160,083 2,349,595 5,098,787 33,087,394 2010 3,514,789 16,796,597 5,919,755 2,342,320 9,719,904 38,293,366 2011 3,607,911 15,990,621 5,834,320 2,159,490 6,978,874 34,571,216 2012 3,631,009 16,835,984 5,612,524 2,524,333 4,791,121 33,394,971 (1)Includes Cemetery and Library. Grand Island Council Session - 8/13/2013 Page 349 / 401 17 General Fund Revenues by Source Set forth below are data concerning general fund revenues for the City for its last five fiscal years: Fiscal Year Taxes Licenses & Permits Intergovt. Revenues Charges For Services Misc.Totals 2008 19,960,964 465,437 2,962,713 3,624,033 1,892,107 28,905,254 2009 21,365,609 703,648 3,053,826 3,861,954 6,590,843 35,575,880 2010 21,969,056 522,349 3,071,114 4,020,997 1,125,553 30,709,069 2011 22,417,372 445,866 2,842,578 4,249,597 1,036,316 30,991,729 2012 25,112,354 581,682 2,722,518 4,510,328 1,066,630 33,993,512 UTILITIES The City owns and operates the electric, water, sanitary sewer and solid waste disposal systems. Major improvements to each of the city-owned utility systems are made on a regular annual basis through commitment of a portion of revenue to a planned capital program. Northwestern Public Service Company provides natural gas service and CenturyLink and Verizon operate communication systems. See “THE SEWER SYSTEM” for a description of the City’s sanitary sewer system. Summary descriptions of the City’s electric, water and solid waste disposal systems follow. The Electric System The City’s Electric System serves an area approximately 82 square miles composed of nearly 30 square miles of the City and certain areas adjacent to the City within Hall County and a small portion of Merrick County. The Department currently has generation capacity of approximately 287 MW from its coal-fired and gas/oil-fired electric generating stations, and an additional 48 MW from participation in coal-fired stations operated by others. The peak load during the current fiscal year of the Department was approximately 170.7 MW in July 2012. Rates, Charges and Regulation The following table compares the Electric System’s rates to the Nebraska average and the average in the United States: Electric Rate Comparison Region Cost Grand Island 7.60 cents/kwh Nebraska 7.88 cents/kwh U.S. Total 9.90 cents/kwh Source: U.S. Energy Information Administration: Electric Power Annual 2011 The Water System The City’s Water System depends on multiple sources of supply: the Platte River well field located two miles south of the City, high pressure wells located within the City limits and 10 wells dedicated to serve the power plants. The system consists of such wells and a system of transmission lines and storage reservoirs. The Platte River well field is composed of 21 concrete or steel cased wells. The field covers 1,323.95 acres. The anticipated capacity for the Platte River well field is 36 wells, each with a pumping capacity of 1,500 gallons per minute. Wells at the well field discharge to a collection system terminating at a 225,000 gallon capacity collection basin. Pumps at the Platte River pumping station forward water through two 30-inch diameter transmission lines to 3 storage reservoirs located within the City. The Platte River well field can also supply cooling water for use by the City’s electric power plants. The Grand Island Council Session - 8/13/2013 Page 350 / 401 18 Platte River well field, the wells inside the City and the power plant wells draw on an aquifer which is approximately 100 to 200 feet deep. The water obtained is treated for corrosiveness reduction and is chlorinated. The Burdick reservoir has a 3 million gallon capacity and is a ground level reservoir. The Pine Street Pumping Station reservoir has a total capacity of 3.5 million gallons. The Rogers Reservoirs and Pump Station have a storage capacity of 6 million gallons. There are presently 5 high pressure wells. These wells take water from the aquifer and pump it directly into the distribution system, at system pressure. The combined total capacity for all of the City’s wells is approximately 56 million gallons per day. The City has experienced a peak demand of 44.04 million gallons per day. The City’s average pumpage is approximately 14.9 million gallons per day. The existing distribution network is comprised of water mains ranging in size from 4 inches to 24 inches in diameter. The large mains interconnect the three high service pump stations and extend throughout the distribution network. Networks of intermediate size mains are connected to these transmission mains with grids of 4, 6, 8, 10, 12, 14 and 16 inch diameter mains within such networks. The Water System served approximately 15,899 metered customers as of September 30, 2012. The City Council has the authority to fix, establish and collect rates to meet the requirements of the Water System, including obligations under ordinances related to bonded debt. The City evaluates its rate structure on a continuing basis with the objective of establishing rates consistent with operating needs and sound financial management. The City Council adopted Ordinance No. 9371 providing an increase in the rate structure effective April 1, 2012, to provide additional income required to finance continuing capital improvements, system expansion, maintenance and operating costs. Solid Waste Disposal Services The City’s solid waste disposal system serves a population of approximately 80,000 residential and commercial customers. Under City ordinance, both residential and commercial generators of waste must utilize the City’s waste disposal services. Rates for hauling within the City are set by the respective independent haulers. Current residential rates are $18.66 per month for once-per-week pick up. Commercial service charges are negotiated by customer and hauler and vary depending upon size of container and number of weekly pickups required. The City currently charges tipping fees of $29.85 per ton for waste. The City’s solid waste disposal system is owned and operated by the City of Grand Island and is debt-free. THE CITY OF GRAND ISLAND AND HALL COUNTY GENERAL INFORMATION Following is a description of the City of Grand Island and Hall County. The City's audited general purpose financial statements for the fiscal year ended September 30, 2012, are included in Appendix A to this Official Statement. See “FINANCIAL STATEMENTS” included elsewhere in this Official Statement. Location and Population The City of Grand Island is the county seat of Hall County and is located along the Platte River in central Nebraska, 150 miles west of Omaha. Grand Island, the fourth largest city in Nebraska, is the largest city outside of the Omaha and Lincoln metropolitan areas. It covers an area of approximately 30 square miles and has a 2010 Census population of 48,520. The boundaries of the City have expanded in recent years through annexation as fringe areas have been developed and been supplied with essential services. Since the 2000 census, growth has occurred in the population of the City, Hall County, and each of the counties Grand Island Council Session - 8/13/2013 Page 351 / 401 19 surrounding Hall County. Set forth below are historical population statistics for Grand Island and Hall County: Grand Island Hall County(1) Year Population(2)(3)%Growth(3)Population(2)% Growth 1970 32,358 25.7 42,851 19.8 1980 37,781 16.7 47,690 11.3 1990 39,487 4.3 48,925 2.6 2000 42,940 9.0 53,534 9.4 2010 48,520 13.0 58,607 9.5 (1)Includes Grand Island. (2)1970-2010 as reported by U.S. Census Bureau. (3)Includes population added through annexation. Government The City of Grand Island is a municipal corporation and a city of the first class under Nebraska law. In 1978, its government was reorganized under the Mayor-Council plan, pursuant to which the Mayor is elected from the City at large and two members of the City Council are elected from each of the City's five wards for terms of four years. A professional City Administrator is appointed by the Mayor and City Council to serve as the official responsible for general administration and departmental supervision. Under the Mayor-Council plan, the Mayor has superintending control of all of the officers and affairs of the City. The Mayor does not have the right to vote at meetings of the City Council, except in the case of a tie vote, but does have the power to veto any ordinance passed by the City Council. An ordinance vetoed by the Mayor may be passed over his veto by a two-thirds vote of the City Council. To provide advice and operational support, the City Council employs a professional staff and a number of advisory boards and committees. In addition, the City shares responsibility for several functions, such as public health, with Hall County. Jay Vavricek is Mayor of the City for a second four-year term, which began in 2010. His first term was from 2002-2006. The Members of the City Council are as follows: Member Occupation Bob Niemann, Council President Associate Dean, Central Community College Linna Dee Donaldson Retired Teacher Scott Dugan Owner, Play it Again Sports John Gericke Retired Police Officer Peg Gilbert Registered Nurse, Infection Control Specialist Chuck Haase Business Manager, Charter Communications Julie Hehnke Integration Specialist for Grand Island Public Schools Vaughn Minton Director of Strategic Planning, Saint Francis Medical Center Mitchell Nickerson Real Estate Investor/Manager Mike Paulick Member of Grand Island Community Grand Island Council Session - 8/13/2013 Page 352 / 401 20 City Employees The City has 502 full-time employees and approximately 267 part-time seasonal employees. The payroll and related costs for the 2012 Fiscal Year was approximately $43 million. The City's employees are represented by four unions covering general employees, police, fire, water and electrical workers. Approximately 379 employees are covered by collective bargaining agreements. The City is currently operating under negotiated collective bargaining agreements with all four of the unions. City employees for the last several years total as follows: Year Total Full Time General Government Electric, Water and Sewer Departments 2008 500 337 163 2009 502 337 165 2010 511 347 164 2011 494 330 164 2012 491 326 165 The City Library has 18 part-time year-round positions not included above. All other part-time employee positions are seasonal, and related to parks and recreational activities. Pension Liability The City’s responsibilities under certain defined benefit plans, defined contribution plans, nonqualified benefit plans and qualified deferred compensation plans are described in Note D to the City’s Financial Statement shown in Appendix A to this Official Statement. Education The School District of Grand Island (Hall County School District 0002) operates the primary and secondary educational system. The School District has over recent years continually improved and modernized the facilities through the use of a building fund authorized by state statutes. Current enrollment is approximately 8,500 P-K/12th grade, exclusive of adult education and specialized programs. The School District, in conjunction with the Chamber of Commerce and Central Community College, are developing plans for a new Career Tech High School. There are two parochial schools within the City. Post-secondary educational opportunities are provided by Central Community College, a two-year college with an emphasis in vocational and technical education as well as programs for students who plan to transfer to a four year institution, Bellevue University, which offers accelerated programs for undergraduate degrees, and Doane College, housed at College Park, which offers undergraduate and graduate level degree courses. Health Care St. Francis Medical Center with 163 licensed beds (not including 36 beds in a nursing home-type unit) provides modern facilities serving the community and surrounding area. Saint Francis sees nearly 8,000 inpatients each year. A nine-story patient tower was completed in 2007 at a cost of $60 million. A medical office complex located adjacent to the hospital has approximately 150 doctors, dentists and other medical specialists available to meet health manpower needs. The City provides ambulance service with advanced life systems and fully qualified paramedics. Emergency responders are able to respond in an average of five minutes anywhere in the city. Grand Island Council Session - 8/13/2013 Page 353 / 401 21 Communications The Grand Island Daily Independent offers daily newspaper service. A weekly advertising newspaper serves a regional area. There are five television stations and sixteen radio stations within a forty-mile radius of the City. Cable television service is offered within the City. Recreational Facilities The public park system consists of eighteen regional parks and twelve neighborhood parks each offering a variety of facilities throughout the 700 acres they encompass. A seven-acre water park comprised of a wave pool, four 150 to 170-foot water slides and numerous water-based play features are the flagship of the City’s aquatics facilities. In 2012, the Community Redevelopment Authority of the City issued its Redevelopment Revenue Bonds (Lincoln Park Pool Project – Limited Tax Pledge), Series 2012, for the purpose of paying costs of a replacement swimming pool facility in the City’s Lincoln Park area. The replacement pool opened in 2013. Other recreational facilities include the Community field house that offers indoor soccer, basketball, volleyball, flag football, baseball/softball training, batting cages and a children’s playground. For the shooting enthusiast trap, skeet and sporting clay ranges, 50 yard through 600 yard rifle/pistol ranges and an 11 pad campground have been developed at the former Cornhusker Army Ammunition Plant site on land owned by the City. Additionally, an eighteen hole, par seventy- two championship golf course is provided for the public to enjoy. The recreation division offers a full slate of activities including basketball, volleyball, soccer, tennis and flag football leagues, a summer playground program, swimming lessons, children’s theater and many other recreational activities that are offered throughout the year. Fonner Park provides pari-mutuel horse racing, the County Fair, livestock shows and special events. Husker Harvest Days, a major agricultural exposition, is located on a permanent site west of the City. The YMCA-YWCA Complex has a variety of recreational programs, and the adjacent Grand Generation Center is the focal point of Grand Island’s senior citizen programs. Under the terms of LB 1116 enacted in 2008, the Nebraska State Fair was transferred from Lincoln, Nebraska, to a $40 million home in Fonner Park in Grand Island. Under LB 1116, a contribution to the costs in the amount of $8,500,000 was required to be made by or on behalf of the City. Of that contribution, $5,062,500 in original principal amount was provided by lease purchase financing (see “FINANCIAL STATEMENT” above). Cultural Facilities The Grand Island Public Library, operating out of the Edith Abbott Memorial Library, located at 211 North Washington, provides access to services and resources to meet the informational, recreational and educational needs of the community. The library serves as a community meeting place and houses a variety of cultural exhibits, including a month-long Sheldon Memorial Art Gallery statewide touring exhibition. The Stuhr Museum of the Prairie Pioneer is a publicly owned museum located on a 267-acre complex south of the City, and offers a year-round exhibition of the area’s cultural heritage. The City of Grand Island operates one of the few municipal bands in the State with a well attended summer concert series. One professional and one volunteer group offer access to theater productions. There are 42 churches representing 31 denominations available to the residents of the City. ECONOMIC ACTIVITY Industry There are approximately 75 manufacturing plants in Grand Island and Hall County, producing a variety of products on various scales of operation. The City’s industry is principally related to agri-business, irrigation and agricultural equipment. The following are the principal private industrial employers in the area: Grand Island Council Session - 8/13/2013 Page 354 / 401 22 Firm Principal Products Employees Swift & Co.Cattle Slaughter and Boxed Beef 3,500 Chief Industries Metal Buildings/Diversified Products 1,641 St. Francis Med Center Hospital 1,300 Case IH Agricultural Machinery 1,100 Grand Island Schools Education 1,050 Cabela’s Call Center Retail 550 McCain Foods, USA Food Processor 546 City of Grand Island Government 535 Principal Financial Group Insurance and Financial Services 500 Skagway Dept. Stores Retailer (with Grocery and Clothing)449 Source: Grand Island Economic Development Corporation Agricultural Activity The City’s strong agri-business orientation is due to its location in the center of a leading area in agricultural production. Much of the farm acreage in the Grand Island area is irrigated. In Hall County alone, as of 2007, there were approximately 608 farms, with over 328,000 acres. The average size of farm was 540 acres in 2007 compared to 531 acres in 2002. Source: USDA, National Agricultural Statistics Service, 2007 Census of Agriculture - County Data. Commercial Activity Grand Island is the third largest retail center in Nebraska and continues to grow in serving as a regional trade center. The Chamber of Commerce estimates the retail service area for Grand Island serves a primary trade area of approximately 84,000 people and a secondary trade area of approximately 184,000 people. Set forth below are retail sales statistics (not including motor vehicle) for Hall County and Grand Island in recent years: Year Hall County Net Taxable Sales Grand Island Net Taxable Sales 2003 754,750,744 728,386,394 2004 808,032,540 774,432,460 2005 831,862,115 796,486,442 2006 860,630,760 827,001,188 2007 917,314,709 878,265,159 2008 923,152,185 891,470,251 2009 885,019,667 854,208,792 2010 935,382,645 884,652,896 2011 951,903,812 921,348,659 2012 1,009,596,541 977,097,299 Source: Nebraska Department of Revenue With the relocation of the Nebraska State Fair to Grand Island in 2010 and the resulting development of 360,000 square feet in exhibit buildings plus a 60,000 square foot, air-conditioned arena, Grand Island has over 875,000 square feet of meeting, exhibit and trade show space. Over 309,000 people attended the inaugural Nebraska State Fair in Grand Island in August 2010, over 333,000 attended in August 2011 and over 336,000 attended in August 2012. Grand Island Council Session - 8/13/2013 Page 355 / 401 23 Financial Institutions There are seventeen banks, credit unions and savings and loan offices in Grand Island. Transportation Grand Island’s transportation facilities are a contributing factor in the continued growth of the City. Grand Island is a thoroughfare for Union Pacific and Burlington Northern-Santa Fe railroads, with daily freight service to commercial and industrial locations. Highway access to the city is from Interstate 80, one of the country’s main east/west arteries, as well as U.S. Highways 2, 30, 34, and 281. Central Nebraska Regional Airport provides daily inbound and outbound flights to Denver and scheduled nonstop service to Phoenix/Mesa, Arizona and Las Vegas, Nevada. The airport also has facilities for air freight and private aircraft services. A taxi firm provides 24-hour service, seven days a week. The 124th Air Cavalry Squadron’s Chinook Helicopter Base is located just east of the airport and serves over 225 cavalry and aviation maintenance National Guard soldiers. Personal Income Set forth below are personal income statistics for Hall County in recent years as reported by the U.S. Bureau of Economic Analysis: Year Personal Income (000s)Per Capita 2002 $1,560,201 $29,115 2003 1,639,923 30,456 2004 1,656,256 30,575 2005 1,712,659 31,577 2006 1,819,573 33,177 2007 1,136,315 35,329 2008 1,182,033 36,030 2009 1,176,863 35,869 2010 2,075,332 35,312 2011 2,219,929 37,324 Source: U.S. Bureau of Economic Analysis Employment The State of Nebraska Department of Labor, reports the following labor force data for Hall County for selected years: Year Labor Force Employment Unemployment Rate 2007 31,053 30,200 2.7 2008 31,982 30,913 3.1 2009 31,970 30,605 4.3 2010 32,250 30,790 4.5 2011 33,214 31,789 4.3 2012 33,599 32,335 3.8 Source: Nebraska Labor Dept. Grand Island Council Session - 8/13/2013 Page 356 / 401 24 Housing and Construction The records of the City Building Inspector indicate the value of permits issued within the city limits as follows: Year Value of Permits 2003 61,446,610 2004 83,105,505 2005 127,003,533 2006 103,464,757 2007 81,966,767 2008 54,450,637 2009 98,809,758 2010 62,612,423 2011 60,544,400 2012 79,209,971 SUMMARY OF CERTAIN PROVISIONS OF THE ORDINANCE Certain provisions of the Ordinance are summarized elsewhere. Summaries of the provisions of the Ordinance as contained in this Official Statement are to be considered as summaries only and are subject to reference to the Ordinance itself. Copies of the Ordinance are available through the office of its City Clerk and from Ameritas Investment Corp., at its office at 440 Regency Parkway Drive, Suite 222, Omaha, Nebraska 68114. In addition to the provisions summarized elsewhere, the Ordinance provides for the following: Application of Revenues The Ordinance describes a separate special fund of the City, previously established, known as the "Grand Island Sewer System Fund." All revenues of the Sewer System are to be credited to this fund. The revenues in such fund are to be credited monthly to the following accounts: 1) Operation and Maintenance Account; 2) Bond Payment Account; 3) Debt Service Reserve Account and 4) Surplus Account. The Ordinance requires monthly credits to the Operation and Maintenance Account in amounts sufficient to cover the necessary expenses of operating and maintaining the Sewer System. After making the required monthly credits to the Operation and Maintenance Account, the City has agreed to make monthly credits to the Bond Payment Account in amounts sufficient to cover the payments of principal and interest on the 2013 Bonds as the same fall due. The City Treasurer is to withdraw monies credited to the Bond Payment Account and transfer them to the paying agent for the 2013 Bonds at the appropriate times. If monies in the Bond Payment Account are insufficient for such purpose, the necessary funds are to be withdrawn first from the Debt Service Reserve Account and next from the Surplus Account. In the event that additional bonds equal in lien to the 2013 Bonds ("Additional Bonds") are issued, the ordinance authorizing such Additional Bonds must provide for appropriate additional credits to the Bond Payment Account. The City has agreed that a portion of the proceeds of the 2013 Bonds shall be credited to a separate sub- account in the Debt Service Reserve Account as the required balance in such account. Monies in the Debt Service Reserve Account, but only from the designated sub-account for a specific issue, are to be applied to prevent any default in payments due on the 2013 Bonds and any Additional Bonds, as the case may be, in the event that there are not sufficient monies available for such purpose in the Bond Payment Account established by the Ordinance. In the event that monies are withdrawn from the Debt Service Reserve Account, all revenues of the Sewer System remaining after payment of operation and maintenance costs and required credits to the Bond Payment Account, are to be credited to the Debt Service Reserve Account until the balance in such account has been restored to the then required amount. In the event that Grand Island Council Session - 8/13/2013 Page 357 / 401 25 Additional Bonds are issued, the amount to be maintained in the Debt Service Reserve Account, in a separate sub-account for such Additional Bonds, shall be set at an amount determined appropriate by the Mayor and Council in connection with such issuance of Additional Bonds (which may be $-0-). Additional amounts may be provided for by deposit or by monthly credits from revenues payable over a period of not more than five years. Each sub-account in the Debt Service Reserve Account shall be held solely for the specific issue for which it is established. In the event of withdrawal from any such sub- account which results in the amount in such sub-account being deficient to meet the required balance, available amounts for restoring sub-account balances shall be credited to each deficient sub-account on a pro rata basis in accordance with the respective outstanding principal amounts for those issues for which the respective sub-accounts are then deficient. When the 2013 Bonds or any issue of Additional Bonds for which a sub-account has been established is no longer outstanding, the particular sub-account for such issue shall no longer be required to be maintained. The maximum amount required to be maintained in the Debt Service Reserve Account shall not exceed the maximum amount permitted to be invested with- out yield restriction under the regulations of the United States Treasury Department relating to Sections 103(b) and 148 of the Internal Revenue Code of 1986, as amended. After making all necessary monthly credits to the Operation and Maintenance Account, the Bond Payment Account and the Debt Service Reserve Account, all remaining monies credited to the Grand Island Sewer System Fund are to be credited to the Surplus Account. Monies in the Surplus Account may be applied to make up any deficiencies in any of the preceding accounts, to redeem 2013 Bonds or Additional Bonds prior to maturity, to pay any junior lien indebtedness incurred with respect to the Sewer System, to provide for in lieu of tax payments in an amount not to exceed 1% of the gross revenues of the Sewer System in any fiscal year, or to provide for any other purpose related to the Sewer System. Rate Covenant In the Ordinance the City agrees to establish and collect rates and charges sufficient at all time (1) to pay principal of and interest on the 2013 Bonds and any Additional Bonds; (2) to pay all necessary costs of operation and maintenance for the Sewer System; (3) to provide funds sufficient to make required credits to the various accounts created under the Ordinance; (4) to maintain Net Revenues, as defined, in each fiscal year in an amount not less than 1.10 times the total amount of principal and interest falling due during such fiscal year on the 2013 Bonds and any Additional Bonds. Net Revenues for purposes of the Ordinance are defined as the gross revenues of the Sewer System, including investment income, but not including income from the sale of any property belonging to the Sewer System, less the ordinary expenses of operating and maintaining the Sewer System. For such purpose, operation and maintenance expenses do not include depreciation, amortization or interest on any bonds or other indebtedness. Additional Bonds Additional Bonds having equal status with the 2013 Bonds may be issued upon compliance with certain terms set forth in the Ordinance. Such Additional Bonds may be issued to provide funds for any purpose related to the Sewer System or to refund 2013 Bonds or any Additional Bonds. Additional Bonds, except for refunding purposes, may be issued upon compliance with the following conditions: 1.The Additional Bonds must be issued pursuant to an ordinance which provides for an increase in the monthly credits to the Bond Payment Account sufficient to pay principal and interest on the 2013 Bonds and all Additional Bonds to be outstanding and for any required credits to the Debt Service Reserve Account. 2.The City shall comply with one or the other of the following two conditions: Grand Island Council Session - 8/13/2013 Page 358 / 401 26 a.The Net Revenues of the Sewer System (as defined in the Ordinance) for the fiscal year next preceding the issuance of Additional Bonds shall have been at least equal to 1.25 times the average annual debt service requirements of the 2013 Bonds and any Additional Bonds, all as then outstanding, and of the proposed Additional Bonds; or b.The City shall have received a projection made by an independent consulting engineer of recognized standing, showing that the Net Revenues (as defined in the Ordinance) in each of the three full fiscal years after the issuance of the proposed Additional Bonds will be at least equal to 1.25 times the average annual debt service requirements of the 2013 Bonds and any Additional Bonds, all as then outstanding, and of the proposed Additional Bonds. Additional Bonds may be issued for refunding purposes without compliance with the Net Revenues tests described above, but if any of the 2013 Bonds or Additional Bonds are to remain outstanding after such issuance, the principal payments may not be increased in any fiscal year in which such remaining bonds will remain outstanding. Additional Bonds may also be issued for refunding purposes and the 2013 Bonds or Additional Bonds may remain outstanding after their issuance provided that the Net Revenues of the Sewer System for the fiscal year next preceding the issuance of such Additional Bonds shall have been at least equal to 1.25 times the average annual debt service requirements of the 2013 Bonds and all Additional Bonds which are to be outstanding after such issuance. For such purposes, when the bonds which are to be refunded are not to be paid or discharged at the time of issuance of the refunding bonds, the refunding bonds must provide by their terms that they shall be junior in lien to the 2013 Bonds and Additional Bonds which are to remain outstanding until the time of such payment or discharge. For purposes of determining average annual debt service requirements, debt service due on the refunding bonds shall be excluded from the computation to the extent that it is payable only from Surplus Account monies or from sources other than the revenues of the Sewer System (such as bond proceeds held in escrow or investment earnings thereon) and debt service on the bonds which are to be refunded for the period after the time set for their payment or discharge shall also be excluded. In the case of the issuance of Refunding Bonds at a time when audited financial statements are not available for the most recently completed fiscal year, compliance with such test may be determined with reference to the "Net Revenues" for the most recent fiscal year for which financial statements have been issued together with an unaudited financial statement for the most recently completed fiscal year as certified by the City Treasurer. Additional Covenants of the City The Ordinance provides for the following additional agreements on the part of the City: 1) to maintain the Sewer System in a reasonable and efficient manner; 2) to maintain insurance on the properties constituting the Sewer System (other than such portions of the Sewer System as are not normally insured) against risks customarily carried by similar utilities in an amount which would enable the City to repair, restore or replace the property damaged; 3) to keep proper books, records and accounts and to provide for an annual audit by a firm of certified public accountants; and 4) to provide for appropriate fidelity bonds on persons handling the revenues of the Sewer System. Grand Island Council Session - 8/13/2013 Page 359 / 401 27 Defeasance The Ordinance provides that the lien of the 2013 Bonds may be discharged by deposit with the Registrar or with a national or state bank having trust powers of monies or "Deposit Securities," as defined, payable at such times and bearing interest sufficient in amount to fully provide for the payment of such bonds. The term "Deposit Securities" is defined to include obligations of the United States, direct or guaranteed. Amendments The Ordinance may be amended with the written consent of the holders of two-thirds in principal amount of the 2013 Bonds then outstanding, provided that neither the principal and interest to be paid upon any bond nor the maturity date of any bond may be changed without the consent of all bondholders affected by such change. The Ordinance permits amendments necessary to cure any ambiguity or formal defect without bondholder consent. Remedies The holder of any 2013 Bond may enforce or compel performance of any and all acts and duties required by the Ordinance and the City has agreed that any court of competent jurisdiction may, upon application of such holder, appoint a receiver to take charge of the Sewer System and operate it and apply the revenues to the payment of principal and interest on the 2013 Bonds and any Additional Bonds in accordance with the terms of the Ordinance. The rights and remedies of the registered owners of the 2013 Bonds are subject to the limitations on enforceability provided for in the United States Bankruptcy Code, to other laws relating to insolvency proceedings and creditors' rights and to judicial discretion as exercised in appropriate cases. Not General Obligations The 2013 Bonds are not a debt of the State of Nebraska or the City within the meaning of any constitutional or statutory limitation upon the creation of general obligation indebtedness. The City is liable for the payment of the 2013 Bonds only from the revenues of the Sewer System and not from any tax monies or other resources. BONDHOLDERS' RISKS Prospective investors should carefully consider the risk factors set forth below and the other information included in this Official Statement. The risks described below are not the only risks that the City faces. Additional risks and uncertainties not currently known to the City or that it currently believes are immaterial may also impair its operations. Any of these risks may have a material adverse effect on the City’s financial condition. In such a case, bondholders may lose all or part of their investment in the 2013 Bonds. Limitation of Rights Upon Insolvency. The United States Bankruptcy Code enables debtors, including cities, which are insolvent to obtain relief through petition and plan which may result in the modification or delay of payments to creditors, including bondholders. In the event of any insolvency upon the part of the City, the holders of the 2013 Bonds may be treated as general creditors of the City along with unsecured claimants. The extent to which holders of 2013 Bonds are to be treated as a separate class or otherwise given priority over other claimants is a matter that would be subject to future determinations of Nebraska state and federal courts interpreting and applying both state law and the United States Bankruptcy Code. Procedures under the Bankruptcy Code or other insolvency laws could result in delays in payment and modifications of payment rights. The State of Nebraska has authorized its political subdivisions to seek relief under the United States Bankruptcy Code by statute. Grand Island Council Session - 8/13/2013 Page 360 / 401 28 Nebraska Developments Related to Budgets and Taxation. The Nebraska Legislature has taken actions designed to reduce the reliance of local governmental units on property taxation, see “NEBRASKA DEVELOPMENTS RELATED TO BUDGETS AND TAXATION.” Future Legislation. President Obama has released legislative and budget proposals that would, among other things, subject interest on tax-exempt bonds (including the 2013 Bonds and other tax-exempt obligations of the City) to a federal income tax for taxpayers with incomes above certain thresholds. Additional proposals affecting tax-exempt interest may be considered from time to time which could limit the availability of or eliminate federally tax-exempt interest on tax-exempt bonds. Neither house of Congress has passed any such proposal, and it is not possible to predict whether President Obama’s, or another proposal with similar effects, will be enacted into law. If enacted into law, such a proposal could adversely affect the ability of the City to finance and/or refinance projects on favorable tax-exempt terms. Prospective purchasers of the 2013 Bonds should consult their own tax advisors regarding any pending or proposed federal or state tax legislation, regulations or litigation, as to which Bond Counsel expresses no opinion. Environmental Regulation. The City and its utilities are subject to extensive and evolving environmental laws and regulations enacted in response to growing public concern over environmental issues. These laws and regulations are, in general, administered and enforced by the United States Environmental Protection Agency (“EPA”), the Nebraska Department of Environmental Quality (“NDEQ”), the Nebraska Department of Health and Human Services (“DHHS”), and other agencies. Such laws and regulations are subject to change, which changes may arise from continuing legislative, regulatory and judicial action. Consequently, there can be no assurance that facilities in operation will remain subject to the regulations currently in effect, will always be in compliance with future regulations or will always be able to obtain all required operating permits. Legislative, regulatory, administrative or enforcement actions involving environmental controls could result in reduced operating levels and fines. Costs of complying with such actions, including any enforcement thereof, could materially adversely affect the City’s results of operations and financial condition. NEBRASKA DEVELOPMENTS RELATED TO BUDGETS AND TAXATION The Nebraska Legislature has enacted legislation intended to reduce the level of property taxation and political subdivision expenditures in the State. The legislature has enacted legislation to provide for budget limitations and legislation requiring reductions in the rate of taxation for general property taxes. Budget limitations relating to cities, villages, counties and other political subdivisions (Sections 13-518 to 13-522, R.R.S. Neb. 2012, as amended, and related sections, the “Budget Limitations”) limit the growth in amounts which may be budgeted with respect to certain restricted funds. Restricted funds include sales taxes, property taxes and certain other revenue sources. The limitation imposed does not apply to tax revenues pledged to retire bonded indebtedness. The Budget Limitations currently provide for a base limitation of 2.5% upon increases. Such base limitation is subject to review by the Nebraska Legislature from year to year. The base limitation may be exceeded by an additional 1% upon an affirmative vote of at least 75% of the governing body. These limitations are to be enforced through the office of the Auditor of Public Accounts of the State of Nebraska and state aid may be withheld from governmental units which fail to comply. The Budget Limitations do not apply to (i) restricted funds pledged to retire bonded indebtedness or (ii) to the revenues of proprietary funds (such as application of revenues of the Sewer System) unless such revenues are transferred to fund a service for a function not directly related to the charges and activity for which the charges are imposed. Tax levy limitations (Section 77-3442, R.R.S. Neb. 2009, as amended, and related sections, the “Levy Limitations”) provide for overall limitations on the tax levies of political subdivisions, including cities. The Levy Limitations provide for an express exclusion from the limitations for property tax levies for bonded indebtedness. Grand Island Council Session - 8/13/2013 Page 361 / 401 29 Taxes to pay principal and interest on the City’s general obligation bonds or limited tax bonds are thus not subject either to the Budget Limitations or the Levy Limitations. Under the Levy Limitations the rates for levying property taxes have been reduced for each type of governmental unit in the State of Nebraska. The rate for cities is set at 45¢ per $100 of taxable valuation with an additional 5¢ available for payments under interlocal cooperation agreements. The future methods for providing for financing cities, schools and other local units may be altered depending upon future actions to be taken by the Nebraska Legislature, further decisions of the Nebraska Supreme Court and federal courts and future initiative petitions proposed by voters. TAX MATTERS The following is a summary of the material federal and State of Nebraska income tax consequences of holding and disposing of the 2013 Bonds. This summary is based upon laws, regulations, rulings and judicial decisions now in effect, all of which are subject to change (possibly on a retroactive basis). This summary does not discuss all aspects of federal income taxation that may be relevant to investors in light of their personal investment circumstances or describe the tax consequences to certain types of owners subject to special treatment under the federal income tax laws (for example, dealers in securities or other persons who do not hold the 2013 Bonds as a capital asset, tax-exempt organizations, individual retirement accounts and other tax deferred accounts, and foreign taxpayers), and, except for the income tax laws of the State of Nebraska, does not discuss the consequences to an owner under any state, local or foreign tax laws. The summary does not deal with the tax treatment of persons who purchase the 2013 Bonds in the secondary market. Prospective investors are advised to consult their own tax advisors regarding federal, state, local and other tax considerations of holding and disposing of the 2013 Bonds. Opinion of Bond Counsel In the opinion of Gilmore & Bell, P.C., Bond Counsel, under the law existing as of the issue date of the 2013 Bonds: Federal and Nebraska Tax Exemption. The interest on the 2013 Bonds (including any original issue discount properly allocable to an owner thereof) is excludable from gross income for federal income tax purposes and is exempt from income taxation by the State of Nebraska. Alternative Minimum Tax. Interest on the 2013 Bonds is not an item of tax preference for purposes of computing the federal alternative minimum tax imposed on individuals and corporations, but is taken into account in determining adjusted current earnings for the purpose of computing the alternative minimum tax imposed on certain corporations. Bank Qualification. The 2013 Bonds have not been designated as “qualified tax-exempt obligations” for purposes of Section 265(b) of the Code. Bond counsel’s opinions are provided as of the date of the original issue of the 2013 Bonds, subject to the condition that the City comply with all requirements of the Code that must be satisfied subsequent to the issuance of the 2013 Bonds in order that interest thereon be, or continue to be, excludable from gross income for federal income tax purposes. The City has covenanted to comply with all such requirements. Failure to comply with certain of such requirements may cause the inclusion of interest on the 2013 Bonds in gross income for federal and the State of Nebraska income tax purposes retroactive to the date of issuance of the 2013 Bonds. Bond Counsel is expressing no opinion regarding other federal, state or local tax consequences arising with respect to the 2013 Bonds but has reviewed the discussion under the heading “TAX MATTERS.” Grand Island Council Session - 8/13/2013 Page 362 / 401 30 Other Tax Consequences [Original Issue Discount. For federal income tax purposes, original issue discount (“OID”) is the excess of the stated redemption price at maturity of a 2013 Bond over its issue price. The issue price of a 2013 Bond is the first price at which a substantial amount of the 2013 Bonds of that maturity have been sold (ignoring sales to bond houses, brokers, or similar persons or organizations acting in the capacity of underwriters, placement agents, or wholesalers). Under Section 1288 of the Code, OID on tax-exempt bonds accrues on a compound basis. The amount of OID that accrues to an owner of a 2013 Bond during any accrual period generally equals (1) the issue price of that 2013 Bond, plus the amount of OID accrued in all prior accrual periods, multiplied by (2) the yield to maturity on that 2013 Bond (determined on the basis of compounding at the close of each accrual period and properly adjusted for the length of the accrual period), minus (3) any interest payable on that 2013 Bond during that accrual period. The amount of OID accrued in a particular accrual period will be considered to be received ratably on each day of the accrual period, will be excludable from gross income for federal income tax purposes, and will increase the owner’s tax basis in that 2013 Bond. Prospective investors should consult their own tax advisors concerning the calculation and accrual of OID.] [Original Issue Premium. If a 2013 Bond is issued at a price that exceeds the stated redemption price at maturity of the 2013 Bond, the excess of the purchase price over the stated redemption price at maturity constitutes “premium” on that 2013 Bond. Under Section 171 of the Code, the purchaser of that 2013 Bond must amortize the premium over the term of the 2013 Bond using constant yield principles, based on the purchaser’s yield to maturity. As premium is amortized, the owner’s basis in the 2013 Bond and the amount of tax-exempt interest received will be reduced by the amount of amortizable premium properly allocable to the owner. This will result in an increase in the gain (or decrease in the loss) to be recognized for federal income tax purposes on sale or disposition of the 2013 Bond prior to its maturity. Even though the owner’s basis is reduced, no federal income tax deduction is allowed. Prospective investors should consult their own tax advisors concerning the calculation and accrual of bond premium.] Sale, Exchange or Retirement of the 2013 Bonds. Upon the sale, exchange or retirement (including redemption) of a 2013 Bond, an owner of the 2013 Bond generally will recognize gain or loss in an amount equal to the difference between the amount of cash and the fair market value of any property received on the sale, exchange or retirement of the 2013 Bond (other than in respect of accrued and unpaid interest) and such owner’s adjusted tax basis in the 2013 Bond. To the extent a 2013 Bond is held as a capital asset, such gain or loss will be capital gain or loss and will be long-term capital gain or loss if the 2013 Bond has been held for more than 12 months at the time of sale, exchange or retirement. Reporting Requirements. In general, information reporting requirements will apply to certain payments of principal, interest and premium paid on the 2013 Bonds, and to the proceeds paid on the sale of the 2013 Bonds, other than certain exempt recipients (such as corporations and foreign entities). A backup withholding tax will apply to such payments if the owner fails to provide a taxpayer identification number or certification of foreign or other exempt status or fails to report in full dividend and interest income. The amount of any backup withholding from a payment to an owner will be allowed as a credit against the owner’s federal income tax liability. Collateral Federal Income Tax Consequences. Prospective purchasers of the 2013 Bonds should be aware that ownership of the 2013 Bonds may result in collateral federal income tax consequences to certain taxpayers, including, without limitation, financial institutions, property and casualty insurance companies, individual recipients of Social Security or Railroad Retirement benefits, certain S corporations with “excess net passive income,” foreign corporations subject to the branch profits tax, life insurance companies, and taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry or have paid or incurred certain expenses allocable to the 2013 Bonds. Bond Counsel expresses no opinion regarding these tax consequences. Purchasers of the 2013 Bonds should consult their tax advisors as to the applicability of these tax consequences and other federal income tax consequences of Grand Island Council Session - 8/13/2013 Page 363 / 401 31 the purchase, ownership and disposition of the 2013 Bonds, including the possible application of state, local, foreign and other tax laws. CONTINUING DISCLOSURE UNDERTAKING The City will execute and deliver a Continuing Disclosure Undertaking for the benefit of the Beneficial Owners of the 2013 Bonds and in order to assist the Underwriter in complying with Rule 15c2-12 under the Securities Exchange Act of 1934, as amended (the “Rule”). The City is the only “obligated person” with responsibility for continuing disclosure under the Rule. A failure by the City to comply with the Continuing Disclosure Undertaking will not constitute an event of default with respect to the 2013 Bonds, although any holder would have any available remedy at law or in equity, including seeking specific performance by court order, to cause the City to comply with its obligations under the Continuing Disclosure Undertaking. Any such failure must be reported in accordance with the Rule and must be considered by any broker, dealer or municipal securities dealer before recommending the purchase or sale of the 2013 Bonds in the secondary market. Consequently, such a failure may adversely affect the transferability and liquidity of the 2013 Bonds and their market price. In the past five years, the City failed to timely file its operating data and filed its audited financial statements late (with respect to certain of its outstanding issues) or not at all (with respect to certain of its outstanding issues), and failed to file notices of such failure to file. The City filed its operating data and audited financial statements for the year ended September 30, 2012 and has taken measures to promote future compliance with its undertakings under the Rule. The form of Continuing Disclosure Undertaking is attached as Appendix B hereto. Electronic Municipal Market Access System (EMMA) All Annual Reports and notices of Material Events required to be filed by the City pursuant to the Continuing Disclosure Undertaking must be submitted to the MSRB through the MSRB’s Electronic Municipal Market Access system (“EMMA”). EMMA is an internet-based, online portal for free investor access to municipal bond information, including offering documents, material event notices, real-time municipal securities trade prices and MSRB education resources, available at www.emma.msrb.org. LITIGATION No litigation is pending or, to the knowledge of the City, threatened in any court to restrain or enjoin the issuance or delivery of any of the 2013 Bonds or the collection of Revenues pledged or to be pledged to pay the principal of and interest on the 2013 Bonds, or in any way contesting or affecting the validity of the 2013 Bonds or the Ordinance or the power to collect and pledge said Revenues to pay the 2013 Bonds, or contesting the powers or authority of the City to issue the 2013 Bonds or adopt the Ordinance. There is no material litigation pending against the City relating to its Sewer System. RATING The 2013 Bonds have received the rating from Standard & Poor’s Ratings Services. Such rating agency generally bases its rating on its own investigations, studies and assumptions. The City has provided certain additional information and materials to such rating agency (some of which may not appear in this Official Statement). The rating reflects only the view of such rating agency, and any explanation of the significance of such rating may be obtained only from the rating agency. There can be no assurance that the rating will continue for any given period of time or that it will not be revised downward or withdrawn entirely by the respective rating agency, if, in the judgment of such rating agency, circumstances so Grand Island Council Session - 8/13/2013 Page 364 / 401 32 warrant. Any such downward revision or withdrawal of a rating may have a material adverse effect on the market price of the Bonds. The City undertakes no responsibility to oppose any such downward revision, suspension or withdrawal. UNDERWRITING The Underwriter has agreed, subject to certain conditions, to purchase the 2013 Bonds from the City for an aggregate purchase price of $__________, which purchase price takes into account $________ representing Underwriter’s discount [plus/less original issue premium/discount of $__________.] The Underwriter will be obligated to purchase all such 2013 Bonds if any such 2013 Bonds are purchased. The 2013 Bonds may be offered and sold to certain dealers (including underwriters and other dealers depositing such 2013 Bonds into investment trusts) at prices lower than such public offering prices, and such public offering prices may be changed, from time to time, by the Underwriter. APPROVAL OF LEGAL PROCEEDINGS Legal matters incident to the authorization and issuance of the 2013 Bonds are subject to the unqualified approving opinion of Gilmore & Bell, P.C., Bond Counsel. FINANCIAL STATEMENTS The City’s Financial Statements were audited by Almquist, Maltzahn, Galloway & Luth, P.C., Grand Island, Nebraska, for the fiscal year ended September 30, 2012. Such financial statements are included as Appendix A hereto and available at the office of the City Clerk, 100 East First Street, Grand Island, Nebraska 68802 or from Ameritas Investment Corp., 440 Regency Parkway Drive, Suite 222, Omaha, NE 68114. Almquist, Maltzahn, Galloway & Luth, P.C. has not been asked to provide its consent to the inclusion of the financial statements, or Almquist, Maltzahn, Galloway & Luth, P.C.’s audit report thereon, in this Official Statement. MISCELLANEOUS The information contained in this Official Statement has been compiled or prepared from information obtained from the City and other sources deemed to be reliable and, while not guaranteed as to completeness or accuracy, is believed to be correct as of this date. Any statements involving matters of opinion, whether or not expressly so stated, are intended as such and not as representations of fact. CITY OF GRAND ISLAND, NEBRASKA Grand Island Council Session - 8/13/2013 Page 365 / 401 APPENDIX A CITY OF GRAND ISLAND, NEBRASKA FINANCIAL STATEMENTS September 30, 2012 Grand Island Council Session - 8/13/2013 Page 366 / 401 APPENDIX B FORM OF CONTINUING DISCLOSURE UNDERTAKING Grand Island Council Session - 8/13/2013 Page 367 / 401 B-1 This CONTINUING DISCLOSURE UNDERTAKING dated as of _______________, 2013 (this “Continuing Disclosure Undertaking”), is executed and delivered by The City of Grand Island, Nebraska (the “Issuer”). RECITALS A.This Continuing Disclosure Undertaking is executed and delivered by the Issuer in connection with the issuance by the Issuer of $______________ Sewer System Revenue and Refunding Bonds, Series 2013 (the “Bonds”), pursuant to an Ordinance passed and approved by the governing body of the Issuer on August ____, 2013 and a Bond Purchase Agreement dated as of __________, 2013 (together, the “Ordinance”). B.The Issuer is entering into this Continuing Disclosure Undertaking for the benefit of the Beneficial Owners of the Bonds and in order to assist the Participating Underwriter in complying with the Rule. The Issuer is the only “obligated person” with responsibility for continuing disclosure pursuant to the Rule and hereunder. Pursuant to the requirements of the Rule, the Issuer covenants and agrees as follows: Section 1.Definitions. In addition to the definitions set forth in the Ordinance, which apply to any capitalized term used in this Continuing Disclosure Undertaking unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: “Annual Report” means any Annual Report provided by the Issuer pursuant to, and as described in, Section 2 of this Continuing Disclosure Undertaking. “Beneficial Owner” means any registered owner of any Bonds and any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. “EMMA” means the Electronic Municipal Market Access system for municipal securities disclosures established and maintained by the MSRB, which can be accessed at www.emma.msrb.org. “Material Events” means any of the events listed in Section 3 of this Continuing Disclosure Undertaking. “MSRB” means the Municipal Securities Rulemaking Board, or any successor repository designated as such by the Securities and Exchange Commission in accordance with the Rule. “Participating Underwriter” means any of the original underwriter(s) of the Bonds required to comply with the Rule in connection with offering of the Bonds. “Rule” means Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended. Grand Island Council Session - 8/13/2013 Page 368 / 401 B-2 Section 2.Provision of Annual Reports. (a)The Issuer shall not later than 210 days after the end of the Issuer’s fiscal year, commencing with the year ending September 30, 2013, file with the MSRB, through EMMA, the following financial information and operating data (the “Annual Report”): (1)The annual financial statements of the Issuer for the prior fiscal year, prepared in accordance with accounting principles generally accepted in the United States for governmental units as prescribed by the Governmental Accounting Standards Board, which financial statements shall have been audited by such auditor as shall be then required or permitted by the laws of the State of Nebraska. (2)Updated financial information and operating data of the type contained in the final Official Statement as described in Exhibit A, in substantially the same format contained in the final Official Statement. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues with respect to which the Issuer is an “obligated person” (as defined by the Rule), which have been provided to the MSRB and are available through EMMA. If the document included by reference is a final official statement, it must be available from the MSRB on EMMA. The Issuer shall clearly identify each such other document so included by reference. In each case, the Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in this Section. If the Issuer’s fiscal year changes, it shall give notice of such change in the same manner as for a Material Event under Section 3. (b)In addition to the foregoing requirements of this Section, the Issuer agrees to provide copies of the most recent Annual Report to any requesting Beneficial Owner or prospective Beneficial Owner, but only after the same has been provided to the MSRB. Section 3.Reporting of Material Events. Not later than 10 business days after the occurrence of any of the following events, the Issuer shall give, or cause to be given to the MSRB, through EMMA, notice of the occurrence of any of the following events with respect to the Bonds (“Material Events”): (1)principal and interest payment delinquencies; (2)non-payment related defaults, if material; (3)unscheduled draws on debt service reserves reflecting financial difficulties; (4)unscheduled draws on credit enhancements reflecting financial difficulties; (5)substitution of credit or liquidity providers, or their failure to perform; (6)adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7)modifications to rights of bondholders, if material; (8)bond calls, if material, and tender offers; (9)defeasances; (10)release, substitution or sale of property securing repayment of the Bonds, if material; Grand Island Council Session - 8/13/2013 Page 369 / 401 B-3 (11)rating changes; (12)bankruptcy, insolvency, receivership or similar event of the Issuer; (13)the consummation of a merger, consolidation, or acquisition involving the Issuer or the sale of all or substantially all of the assets of the Issuer, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; or (14)appointment of a successor or additional trustee or the change of name of the trustee, if material. If the Issuer has not submitted the Annual Report to the MSRB by the date required in Section 2(a), the Issuer shall send a notice to the MSRB of the failure of the Issuer to file on a timely basis the Annual Report, which notice shall be given by the Issuer in accordance with this Section 3. All documents provided to the MSRB pursuant to this Continuing Disclosure Undertaking shall be accompanied by identifying information as prescribed by the MSRB. Section 4.Termination of Reporting Obligation. The Issuer’s obligations under this Continuing Disclosure Undertaking shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. If the Issuer’s obligations under this Continuing Disclosure Undertaking are assumed in full by some other entity, such person shall be responsible for compliance with this Continuing Disclosure Undertaking in the same manner as if it were the Issuer, and the Issuer shall have no further responsibility hereunder. If such assumption occurs prior to the final maturity of the Bonds, the Issuer shall give notice of such assumption in the same manner as for a Material Event under Section 3. Section 5.Dissemination Agents. The Issuer may, from time to time, engage a Dissemination Agent to assist it in carrying out its obligations under this Continuing Disclosure Undertaking, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. Any such Dissemination Agent shall not be responsible in any manner for the content of any notice or report (including without limitation the Annual Report) prepared by the Issuer pursuant to this Continuing Disclosure Undertaking. Section 6.Amendment; Waiver. Notwithstanding any other provision of this Continuing Disclosure Undertaking, the Issuer may amend this Continuing Disclosure Undertaking and any provision of this Continuing Disclosure Undertaking may be waived, provided that Bond Counsel or other counsel experienced in federal securities law matters provides the Issuer with its written opinion that the undertaking of the Issuer contained herein, as so amended or after giving effect to such waiver, is in compliance with the Rule and all current amendments thereto and interpretations thereof that are applicable to this Continuing Disclosure Undertaking. In the event of any amendment or waiver of a provision of this Continuing Disclosure Undertaking, the Issuer shall describe such amendment or waiver in the next Annual Report, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or, in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the Issuer. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, notice of such change shall be given in the same manner as for a Material Event under Section 3. Section 7.Additional Information. Nothing in this Continuing Disclosure Undertaking shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Continuing Disclosure Undertaking or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Material Event, in addition to that which is required by this Continuing Disclosure Undertaking. If the Issuer includes any information in any Annual Report or notice of occurrence of a Material Event in addition to the information specifically required by this Continuing Disclosure Grand Island Council Session - 8/13/2013 Page 370 / 401 B-4 Undertaking, the Issuer shall have no obligation under this Continuing Disclosure Undertaking to update such information or include it in any future Annual Report or notice of occurrence of a Material Event. Section 8.Default. If the Issuer fails to comply with any provision of this Continuing Disclosure Undertaking, any Participating Underwriter or any Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Issuer to comply with its obligations under this Continuing Disclosure Undertaking. A default under this Continuing Disclosure Undertaking shall not be deemed an event of default under the Ordinance or the Bonds, and the sole remedy under this Continuing Disclosure Undertaking in the event of any failure of the Issuer to comply with this Continuing Disclosure Undertaking shall be an action to compel performance. Section 9.Beneficiaries. This Continuing Disclosure Undertaking shall inure solely to the benefit of the Issuer, the Participating Underwriter, and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or entity. Section 10.Severability. If any provision in this Continuing Disclosure Undertaking, the Ordinance or the Bonds shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Continuing Disclosure Undertaking shall not in any way be affected or impaired thereby. Section 11.Electronic Transactions. The arrangement described herein may be conducted and related documents may be stored by electronic means. Copies, telecopies, facsimiles, electronic files and other reproductions of original documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law. Section 12.Governing Law. This Continuing Disclosure Undertaking shall be governed by and construed in accordance with the laws of the State of Nebraska. [Remainder of Page Intentionally Left Blank.] Grand Island Council Session - 8/13/2013 Page 371 / 401 B-5 EXHIBIT A TO FORM OF CONTINUING DISCLOSURE UNDERTAKING FINANCIAL INFORMATION AND OPERATING DATA TO BE INCLUDED IN ANNUAL REPORT The following tables contained in the following sections of the final Official Statement related to the Bonds: Wastewater System’s Five Largest Customers HISTORICAL NET REVENUES AVAILABLE FOR DEBT SERVICE (including Debt Service Coverage) Grand Island Council Session - 8/13/2013 Page 372 / 401 THIS PAGE LEFT BLANK INTENTIONALLY Grand Island Council Session - 8/13/2013 Page 373 / 401 GRAND ISLANDGRAND ISLANDGRAND ISLANDGRAND ISLAND ((((CITY OFCITY OFCITY OFCITY OF)))) NENENENE MOODYMOODYMOODYMOODY''''S EPIS EPIS EPIS EPI to:BLefler 08/07/2013 01:34 PM Moody's assigns initial A1 to the City of Grand Island's, NE $36.8 million Sewer Revenue Bonds Series 2013 GRAND ISLAND (CITY OF) NE GRAND ISLAND (CITY OF) NE SEWER ENTERPRISE Sewer Enterprise Nebraska Moody's Rating Issue Rating Sewer System Revenue and Refunding Bonds, Series 2003 A1 Sale Amount $15,970,000 Expected Sale Date 05/22/03 Rating Description Revenue: Government Enterprise Sewer System Revenue Bonds Series 2013 A1 Sale Amount $36,865,000 Expected Sale Date 08/12/13 Rating Description Revenue: Government Enterprise Moody's Outlook - NOO NEW YORK, August 07, 2013 -- Moody's Investors Service has assigned an initial A1 rating to the City of Grand Island Sewer System's (NE) $36.8 million Sewer System Revenue Bonds, Series 2013. Post-sale, the system will have $38.3 million of outstanding sewer revenue debt. SUMMARY RATING RATIONALE The Series 2013 bonds are secured by net revenues of the sewer Grand Island Council Session - 8/13/2013 Page 374 / 401 system. Proceeds of the Series 2013 bonds will be used to finance various rehabilitations, extensions, improvements and betterments to the sewer system. The assignment of the initial A1 rating reflects the system's financial operations that have declined but are expected to improve following recent rate increases; unlimited rate setting authority; a modestly sized but growing service area that serves as the regional trade center located in central Nebraska (Certificates of Participation (COPs) rated Aa2/ stable outlook); satisfactory legal provisions; and a manageable debt burden. STRENGTHS -Rate setting autonomy - Stable debt service coverage CHALLENGES - Concentrated usage; top user accounts for 22.3% of 2012 operating revenue - Declining trend of operating revenues DETAILED CREDIT DISCUSSION MODESTLY SIZED SYSTEM LOCATED IN CENTRAL NEBRASKA The system benefit s from a stable economy that is expected to exhibit moderate growth over the near term, but it has experienced some pressure in recent years due to declining usage from its top user. The city of Grand Island is the county seat of Hall County and is located along the Platte Grand Island Council Session - 8/13/2013 Page 375 / 401 River in central Nebraska, 150 miles west of Omaha (General Obligation (GO) rated Aa1/stable outlook). Covering approximately 30 square miles, the city of Grand Island is the fourth largest city in Nebraska. Due to its location, Grand Island serves as a regional trade center and a leader in agricultural related production with over 75 manufacturing plants in the area. The city's largest employer with over 3,500 employees, Swift & Co. (JBS) (Senior secured bank credit facility (domestic) Ba2/ ratings under review for possible downgrade), operates a beef processing plant in Grand Island. The city owns and operates an electric (Revenue rated A1/stable outlook), water, sanitary sewer and solid waste disposal systems. The sewer system serves the city of Grand Island as well as a small number of customers outside the city limits. Facilities include approximately 225 miles of sewer lines and eighteen lift stations that provide a firm capacity of 40 million gallons per day (MGD). The customer area is stable, with modest customer growth trends. The customer base grew by a modest 1.27% from fiscal 2011 to fiscal 2012. Officials indicate annual growth of 1% going forward. The system exhibits considerable concentration with the top user, JBS, accounting for 22.43% of 2012 operating revenue and contributing approximately 42.5% of the wastewater system's flow. In 2008, JBS began pre treating wastewater in house which resulted in a significant loss in revenues for the system. However, the system has incorporated the loss in future projections and will continue to address providing treatment for JBS by upgrading the system's facilities which include maintaining a methanol feed system. The system continues to explore expansion opportunities and identify mechanisms that can adapt to the Grand Island Council Session - 8/13/2013 Page 376 / 401 changing environment. RECENTLY APPROVED RATE INCREASES STABILIZE DECLINING OPERATING REVENUE TREND Healthy debt service coverage levels are expected over the near term given the system's rate setting authority and its demonstrated will to increase rates as usage declines. Over the past five years, operating revenues for the system has declined by an average of 7.5%, including a recent 4% decline between 2011 and 2012. The significant drop in revenues was directly related to a decline in usage by the system's largest user, JBS, who reduced their excess surcharge loadings by utilizing in house pretreatment facilities. Positively, the system has unlimited rate setting authority and in an effort to offset the decline and address major capital improvements, the system has implemented rate increases of 9% twice in 2012 and 2013, followed by 5% for 2014. Factoring in rate increases, operating revenues are estimated to increase by a projected $2.6 million at the close of fiscal 2015. Operational expenses also moderated with the decline in usage, which allowed the system to maintain debt service coverage above two times. While coverage declined from fiscal 2008 high of 2.84 times to a still sound 1.99 times in fiscal 2011, fiscal 2012 rate increases in January and October, as well as a decline in operating expenses, improved debt service coverage to 2.17 times in fiscal 2012. Based on 2012 revenues and including the current issuance, maximum annual debt service (MADs) in fiscal 2014 is a solid 1.43 times. When factoring in rate increase projections, MADs coverage is a Grand Island Council Session - 8/13/2013 Page 377 / 401 stronger 1.52 times. The system's operating ratio, a measure of the cost of operation of the system, fell to 57.2% in fiscal 2012 from a high of 63.4% at the close of fiscal 2010. Additionally, management reports that fiscal 2013 revenues are tracking slightly above budgeted expectations and anticipates closing with debt service coverage above two times. While management is largely able to control rate increases and accurately project debt expenditures, additional operating costs and unrealized usage projections may result in negative budget to actual variances. Future credit reviews will focus on the system's ability to meet coverage projections despite declining revenues and offsetting any negative variances with adjustments to either rates or expenditures. SATISFACTORY LEGAL PROVISIONS The rate covenant is set at a satisfactory 1.20 times average annual debt service. Similarly, the additional bonds test requires the system to comply with one of the following: net revenues of the sewer system for the next audited fiscal year preceding the issuance of additional bonds at least equal 1.25 times average annual debt service or three full fiscal years after the issuance equal to 1.25 times average annual debt service. The debt service reserve fund is set to the lesser of 10% of par; 1.25 times average annual debt service; or MADs. DEBT BURDEN SET TO INCREASE SIGNIFICANTLY WITH MAJOR CAPITAL PLAN Grand Island Council Session - 8/13/2013 Page 378 / 401 The system's debt ratio has increased significantly with the current issuance from 0.7% in fiscal 2012 to approximately, 45%, based on estimated 2012 numbers. The current issuance represents the first issuance outlined in a five year improvement program with total costs estimated at $44 million. The five year improvement program, based on the system's 2011 study, will rehabilitate and replace projects within the existing collection system as well as address several major interceptor sewer mains. Favorably, the system has implemented approved rate increases to offset costs related to any infrastructure projects. The system is not party to any variable rate debt or interest rate swap agreements. The city's budgetary exposure to its employee pension plans is expected to remain manageable. The city participates in six employee pension plans, of which two are defined benefit plans and the remaining four are defined contribution plans. The city's contributions to the combined plans totaled approximately $2.1 million. The city has historically made its required contributions to all participating pension plans. Moody's adjusted net pension liability (ANPL) for the city's police and fire plan, under our methodology for adjusting reported pension data, was approximately $862,000 for fiscal 2011, or 0.2 times operating revenues, inclusive of the General Fund and Debt Service Fund. This compares favorably to approximately 1.0 times on average for local governments. Moody's ANPL reflects certain adjustments we make to improve comparability of reported pension liabilities. The adjustments are not intended replace the Grand Island Council Session - 8/13/2013 Page 379 / 401 city's reported contribution information, but to improve comparability with other rated entities. We determined the city's share of liability for the police and fire plan in proportion to its contributions to the plan and covered payroll. WHAT COULD CHANGE THE RATING - UP -A multi-year trend of favorable coverage levels in excess of the system's 1.20 times rate covenant -Liquidity and debt service coverage to levels consistent with comparably rated systems WHAT COULD CHANGE THE RATING - DOWN -Inability to maintain adequate coverage on an ongoing basis -Ongoing usage declines that are not offset with rate increases and/or declining operating expenditures KEY STATISTICS Nature of System: Wastewater collection and treatment Number of customers: 15,330 Service Area Population: 48,520 Percentage of Fiscal 2012 revenues derived from ten largest customers combined: 29.97% Fiscal 2012 debt ratio: 57.2% Fiscal 2012 debt service coverage: 2.17 times Grand Island Council Session - 8/13/2013 Page 380 / 401 Pro forma Maximum Annual Debt Service (MADS) coverage (2012 net revenues): 1.43 times Fiscal 2012 net working capital: $6.5 million (135.6% of O&M) Moody's ANPL (police and fire plan) as a % of operating revenues: 0.02 times of operating revenues Post-sale revenue debt outstanding: $36.8 million PRINCIPAL METHODOLOGY USED The principal methodology used in this rating was Analytical Framework For Water And Sewer System Ratings published in August 1999. Please see the Credit Policy page on www.moodys.com for a copy of this methodology. REGULATORY DISCLOSURES For ratings issued on a program, series or category/class of debt, this announcement provides certain regulatory disclosures in relation to each rating of a subsequently issued bond or note of the same series or category/class of debt or pursuant to a program for which the ratings are derived exclusively from existing ratings in accordance with Moody's rating practices. For ratings issued on a support provider, this announcement provides certain regulatory disclosures in relation to the rating action on the support provider and in relation to each particular rating action for Grand Island Council Session - 8/13/2013 Page 381 / 401 securities that derive their credit ratings from the support provider's credit rating. For provisional ratings, this announcement provides certain regulatory disclosures in relation to the provisional rating assigned, and in relation to a definitive rating that may be assigned subsequent to the final issuance of the debt, in each case where the transaction structure and terms have not changed prior to the assignment of the definitive rating in a manner that would have affected the rating. For further information please see the ratings tab on the issuer/entity page for the respective issuer on www.moodys.com. Regulatory disclosures contained in this press release apply to the credit rating and, if applicable, the related rating outlook or rating review. Please see www.moodys.com for any updates on changes to the lead rating analyst and to the Moody's legal entity that has issued the rating. Please see the ratings tab on the issuer/entity page on www.moodys.com for additional regulatory disclosures for each credit rating. ANALYSTS: Tatiana Killen, Lead Analyst, Public Finance Group, Moody's Investors Service Genevieve Nolan, Additional Contact, Public Finance Group, Moody's Investors Service Gera M. McGuire, Additional Contact, Public Finance Group, Moody's Investors Service CONTACTS: Journalists: (212) 553-0376 Grand Island Council Session - 8/13/2013 Page 382 / 401 Research Clients: (212) 553-1653 Moody's Investors Service, Inc. 250 Greenwich Street New York, NY 10007 USA Copyright 2013 Moody's Investors Service, Inc. and/or its licensors and affiliates (collectively, "MOODY'S"). All rights reserved. CREDIT RATINGS ISSUED BY MOODY'S INVESTORS SERVICE, INC. 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Grand Island Council Session - 8/13/2013 Page 386 / 401 Summary: Grand Island, Nebraska; Water/Sewer Primary Credit Analyst: Scott D Garrigan, Chicago (1) 312-233-7014; scott.garrigan@standardandpoors.com Secondary Contact: Jeffrey M Panger, New York (1) 212-438-2076; jeff.panger@standardandpoors.com Table Of Contents Rationale Outlook Related Criteria And Research WWW.STANDARDANDPOORS.COM/RATINGSDIRECT AUGUST 5, 2013 1 1173266 | 300065753 Grand Island Council Session - 8/13/2013 Page 387 / 401 Summary: Grand Island, Nebraska; Water/Sewer Credit Profile US$36.865 mil swr sys rev bnds ser 2013 dtd 08/15/2013 due 08/15/2028 Long Term Rating AA-/Stable New Rationale Standard & Poor's Ratings Services has assigned its 'AA-' rating to Grand Island, Neb.'s series 2013 sewer system revenue bonds. The outlook is stable. The rating is based on the following characteristics: ·A stable customer and revenue base; ·Rates considered affordable combined with incomes we consider good; ·A history of strong financial performance and liquidity; and ·Low system leverage, but with some additional capital needs. Debt service is secured with net revenues of Grand Island's sewer system and a debt service reserve totaling $2.4 million (funded at maximum annual debt service [MADS]). Additional bond provisions include a covenant to maintain rates that cover operations and debt service by at least 120%, a restriction on issuing additional bonds only if net revenues for the prior fiscal year, or projected for the next three fiscal years, will be at least 1.25x average annual pro forma debt service. The Grand Island sewer service area primarily serves 15,371 customers and 49,000 residents within the city's limits. The city's local economy is principally related to agribusiness and agricultural equipment manufacturing, while it also acts as a retail and commercial center for the surrounding area. Grand Island's median household effective buying income is below average at 84% of the national average. However, considering these incomes, we consider sewer rates affordable at $29.04 for 1,000 cubic feet of use (including an $8.24 fixed monthly charge). The city also approved 9% and 5% rate increases for 2014 and 2015, respectively. For 2010-2012, the sewer fund's financial performance has been strong. Annual debt service coverage has been about 2x for all three years, and unrestricted cash and investments stood at $5.1 million at Sept. 30, 2012 (or a strong 389 days' cash). Management has not indicated any large financial variance in 2013 that would cause financial results to differ significantly from 2012. Considering that, with the issue of the 2013 bonds, audited 2012 net revenues also cover MADS by 1.6x, we expect the strong financial performance to continue, especially since Grand Island has approved rate increases through the 2015 fiscal year. Currently, the sewer system's assets are not highly leveraged, but management has indicated additional debt plans within the next few years. At 2012, the debt-to-plant ratio was only 3%. With the additional debt being issued in 2013 and about $20 million-$25 million likely to be issued in fiscal 2015, leverage could increase. However, since the asset WWW.STANDARDANDPOORS.COM/RATINGSDIRECT AUGUST 5, 2013 2 1173266 | 300065753 Grand Island Council Session - 8/13/2013 Page 388 / 401 base would also ostensibly increase, we currently do not view the increased debt-to-plant ratio as a negative credit factor. Outlook The stable outlook is based on our expectation that the sewer fund's financial performance should remain strong, even with its additional debt needs. We base this expectation on the approved rate increases and a stable customer base that should not experience a large disruption given the nature of Grand Island's economy as a regional center. We do not expect to raise the rating over the two-year outlook horizon given that we have already factored the strong financial performance into the current rating level. Related Criteria And Research ·USPF Criteria: Key Water And Sewer Utility Credit Ratio Ranges, Sept.15, 2008 ·USPF Criteria: Standard & Poor’s Revises Criteria For Rating Water, Sewer, And Drainage Utility Revenue Bonds, Sept. 15, 2008 Complete ratings information is available to subscribers of RatingsDirect at www.globalcreditportal.com. All ratings affected by this rating action can be found on Standard & Poor's public Web site at www.standardandpoors.com. Use the Ratings search box located in the left column. WWW.STANDARDANDPOORS.COM/RATINGSDIRECT AUGUST 5, 2013 3 1173266 | 300065753 Summary: Grand Island, Nebraska; Water/Sewer Grand Island Council Session - 8/13/2013 Page 389 / 401 S&P may receive compensation for its ratings and certain analyses, normally from issuers or underwriters of securities or from obligors. S&P reserves the right to disseminate its opinions and analyses. S&P's public ratings and analyses are made available on its Web sites, www.standardandpoors.com (free of charge), and www.ratingsdirect.com and www.globalcreditportal.com (subscription) and www.spcapitaliq.com (subscription) and may be distributed through other means, including via S&P publications and third-party redistributors. Additional information about our ratings fees is available at www.standardandpoors.com/usratingsfees. 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WWW.STANDARDANDPOORS.COM/RATINGSDIRECT AUGUST 5, 2013 4 1173266 | 300065753 Grand Island Council Session - 8/13/2013 Page 390 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item I-2 #2013-271 - Consideration of Legal Fee Contribution to Grand Island Chamber of Commerce Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 8/13/2013 Page 391 / 401 Council Agenda Memo From:Mayor Jay Vavricek Meeting:August 13, 2013 Subject:Legal Fee Contribution to Grand Island Chamber of Commerce Item #’s:I-2 Presenter(s):Mayor Jay Vavricek Background The City of Grand Island, Hall County and the Grand Island Chamber of Commerce are all members of the Home for Our Heroes Committee. The purpose of this committee was to retain the Nebraska Veteran’s Home in the City of Grand Island. After a submittal process and site tours, the State of Nebraska has decided to move the Veterans Home to Kearney, Nebraska. Discussion The Chamber of Commerce would like to hire the Husch Blackwell, LLP law firm from Omaha, Nebraska to evaluate all legal options available with the intent of retaining the Veteran’s Home. Husch Blackwell, LLP is proposing a flat fee of $30,000.00 to provide an evaluation of the governing statutes, regulations and processes. The Chamber of Commerce is asking that the legal fees be paid by the City of Grand Island, Hall County, the Chamber of Commerce and the Grand Island Area Economic Development Corporation. The City’s portion of the legal fees is $10,000.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 8/13/2013 Page 392 / 401 Recommendation City Administration recommends that the Council approve Resolution 2013-271 authorizing the City of Grand Island to pay $10,000.00 to the Grand Island Chamber of Commerce for the legal fees of Husch Blackwell, LLP. Sample Motion Move to approve Resolution 2013-271. Grand Island Council Session - 8/13/2013 Page 393 / 401 Grand Island Council Session - 8/13/2013 Page 394 / 401 Grand Island Council Session - 8/13/2013 Page 395 / 401 Grand Island Council Session - 8/13/2013 Page 396 / 401 Grand Island Council Session - 8/13/2013 Page 397 / 401 Grand Island Council Session - 8/13/2013 Page 398 / 401 Grand Island Council Session - 8/13/2013 Page 399 / 401 Approved as to Form ¤ ___________ August 9, 2013 ¤ City Attorney R E S O L U T I O N 2013-271 WHEREAS, the City of Grand Island, Hall County, Grand Island Area Economic Development Corporation and the Grand Island Area Chamber of Commerce have representatives serving as members of the Home for Our Heroes Committee; and WHEREAS, the City, County, Economic Development Corporation and Chamber of Commerce along with the entire Grand Island area community have an interest in retaining the Grand Island Veterans Home and will be affected by the loss of that Home; and WHEREAS, a selection committee acting on behalf of the State of Nebraska has decided to move the Veterans Home to Kearney, Nebraska; and WHEREAS, the Chamber of Commerce plans to engage the law firm of Husch Blackwell, LLP to explore legal options regarding the State’s decision to relocate the Veterans Home; and WHEREAS, the total fee for Husch, Blackwell’s services is $30,000.00; and WHEREAS, the Chamber of Commerce is requesting the City of Grand Island contribute $10,000.00 to assist in paying Husch, Blackwell’s fees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to pay $10,000.00 to the Grand Island Area Chamber of Commerce to assist it in paying the fees of Husch Blackwell, LLP. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 13, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/13/2013 Page 400 / 401 City of Grand Island Tuesday, August 13, 2013 Council Session Item J-1 Approving Payment of Claims for the Period of July 24, 2013 through August 13, 2013 The Claims for the period of July 24, 2013 through August 13, 2013 for a total amount of $7,645,547.95. A MOTION is in order. Staff Contact: Jaye Monter Grand Island Council Session - 8/13/2013 Page 401 / 401