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10-24-2023 City Council Meeting Packet City Council Meeting Agenda Council Chambers City Hall 100 East First Street Regular Meeting of October 24, 2023 7:00 PM 1. 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. 2. INVOCATION Pastor Trevon Buchanan, Stolley Park Church of Christ, 2822 West Stolley Park Road 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. SUBMITTAL OF REQUESTS FOR FUTURE AGENDA 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. 6. RESERVE TIME TO SPEAK ON AGENDA ITEMS A sign-up sheet was available in the lobby for individuals wishing to provide input on any of tonight's agenda items. If you did not sign up to speak on an agenda item, please come forward, state your name and the agenda topic on which you will be speaking on. 7. PRESENTATIONS AND PROCLAMATIONS a. Recognition of City Clerk RaNae Edwards for 25 Years of Service with the City of Grand Island b. Recognition of Electric Distribution Supervisor Larry Christensen for 50 Years of Service with the City of Grand Island 8. BOARD OF EQUALIZATION a. 2023-BE-5 - Consideration of Determining Benefits for Parking District #3 b. 2023-BE-6 - Consideration of Determining Benefits for Railside Business Improvement District 9. CONSENT AGENDA a. Approving Minutes of October 10, 2023 City Council Regular Meeting b. Approving Minutes of the October 17, 2023 City Council Study Session c. Approving Payment of Claims for the Period of October 11, 2023 through October 24, 2023 for a total amount of $6,354,408.37. d. Approving Appointment of Chris Meister to the Zoning Board of Adjustment Page 1 of 320 e. #2023-267 - Approving City Council Meeting Schedule for 2024 f. #2023-268 - Approving Purchase of One (1) 2023 Model 36,000 Pound Four Wheel Drive Front End Loader for the Solid Waste Division of the Public Works Department g. #2023-269 - Approving Purchase of 2025 LT625 6x4 Conventional Truck-Tractor for the Solid Waste Division of the Public Works Department h. #2023-270 - Approving Bid Award of One (1) 2024 Solid Waste Transfer Trailer for the Solid Waste Division of the Public Works Department i. #2023-271 - Approving Award of Professional Engineering Consulting Services for Wastewater Treatment Plant UV Disinfection Upgrade; Project No. 2023-WWTP-1 j. #2023-272 - Approving Skid Steer Buy-Back for Streets Division k. #2023-273 - Appointment of City's Representative of the Nebraska Municipal Power Pool l. #2023-274 - Appointment of City's Representative of the Public Power Generation Agency m. #2023-275 - Approving Emergency Procurement of Generator Wedges n. #2023-276 - Approving the Final Plat and Subdivision Agreement for Jaxson Second Subdivision o. #2023-277 - Approving the Final Plat and Subdivision Agreement for Eagle Lake Estates Fourth Subdivision p. #2023-278 - Approving Cleargov FY24 Annual Fee 10. PUBLIC HEARINGS a. Public Hearing on Request from Bosselman Food Services Inc dba Thunder Road Sports Bar, 1607 South Locust Street, for a Class "IK” Liquor License #2023-279 - Approving Request from Bosselman Food Services Inc dba Thunder Road Sports Bar, 1607 South Locust Street, for a Class "IK” Liquor License and Liquor Manager Designation for Kinsey Aitken, 2529 W Anna Street, Grand Island, Nebraska. b. Public Hearing on Proposed Blighted and Substandard Area 39 for Approximately 150 Acres Located in Southern Grand Island west of U.S. Highway 281 and north and south of Wildwood Drive. (Chief Industries) #2023-280 - Approving Proposed Blighted and Substandard Area 39 for Approximately 150 Acres Located in Southern Grand Island west of U.S. Highway 281 and north and south of Wildwood Drive. (Chief Industries) c. Public Hearing on Redevelopment Plan Amendment CRA Area 34 - Alltel Building 3650 W 13th Street Grand Island, NE - Starostka Group LLC #2023-281 - Approving Redevelopment Plan Amendment CRA Area 34 - Alltel Building 3650 W 13th Street Grand Island, NE - Starostka Group LLC 11. REQUEST AND REFERRALS a. Request to Approve Mayoral Appointment of City Attorney 12. RESOLUTIONS Page 2 of 320 a. #2023-282 - Approving Directing Property Owner to Repair Sidewalk at 1310 S Lincoln Avenue 13. ORDINANCES a. #9948 - Consideration of Revisions to Chapter 35 of the City Code (Water) b. #9949 - Consideration of Approving Assessments for Parking District #3 c. #9950 - Consideration of Approving Assessments for Railside Business Improvement District 14. OTHER ITEMS Page 3 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 7.a. Subject: Recognition of City Clerk RaNae Edwards for 25 Years of Service with the City of Grand Island Staff Contact: Roger Steele BACKGROUND: Mayor Steele and the City Council will recognize City Clerk RaNae Edwards for 25 years of service with the City of Grand Island. Ms. Edwards was hired on October 19, 1998 as a Legal Secretary/Purchasing Assistant. On July 3, 2000, Ms. Edwards was appointed City Clerk, where she still remains today. DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: 1. Certificate Page 4 of 320 Page 5 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 7.b. Subject: Recognition of Electric Distribution Supervisor Larry Christensen for 50 Years of Service with the City of Grand Island Staff Contact: Roger Steele BACKGROUND: Mayor Steele and the City Council will recognize Electric Distribution Supervisor Larry Christensen for 50 years of service with the city of Grand Island. Mr. Christensen was hired on October 1, 1973, as a Groundman. On January 1, 1974, Mr.Christensen was promoted to Lineman Apprentice. On May 16, 1975, Mr. Christensen was promoted to Lineman 2nd Class. On January 5, 1976, Mr. Christensen was promoted to Lineman 1st Class. On March 28, 1977, Mr. Christensen was promoted to Line Crew Chief. On August 4, 1986, Mr. Christensen was promoted to Assistant Line Superintendent. On April 1,1992, Mr. Christensen was promoted to Electric Distribution Supervisor, where he still remains today. DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: 1. Certificate Page 6 of 320 Page 7 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 8.a. Subject: 2023-BE-5 - Consideration of Determining Benefits for Parking District #3 Staff Contact: Brian Schultz BACKGROUND: The creation of Parking District #3 occurred January 8, 2019. The goal of the new Parking District #3 is to better balance those paying into the Parking District with those who are using and/or most benefit from the Parking District. Under former Parking District No. 1 established in the 1970’s the financial burden of parking lot maintenance fell solely upon retail and professional businesses within the district through an occupation tax. Over time, however, the use of downtown properties evolved with retail uses replaced by non-business uses and by use by non-retail and non-professional business, Through formation of Off-street Parking District No. 3 and the levy of special assessments the financial burden of maintaining off-street parking lots will be distributed among the owners of all properties within the district irrespective of the use of the property, whether business, retail, government, religious, or nonprofit. This will achieve a fairer and more equitable distribution of the financial burden among all properties specially benefitted by the availability of convenient free off-street parking within the district. DISCUSSION: Property owners within the District will be charged a special assessment based on the entire square footage of their buildings. The square footage is based on the information obtained from the County Assessor. However, if square footage was not available from the Assessor, then a calculation was done based on outer building dimensions and the number of floors. The total square footage for Parking District #3 is 1,653,492. The special assessment charge for the 2022-2023 year to be collected in the 2023-2024 fiscal year is $83,470 or $0.0505/square foot. Property owners who have parking within their property that is open to the public, customers or users of the building can apply for a $/space credit. This credit can reduce the amount owed for that property or other properties owned by the same owner within 300 feet down to a minimum of $0. Any excess that cannot be used will not be paid out to the property owner or credited to other properties more than 300 feet away. Page 8 of 320 Multiple $/space credits scenarios were developed and are presented below for future consideration at the board of equalization meeting for approval. Scenario A - $10 credit given, Parking District #3 would have an estimated credit amount of $7,182, leaving $76,288 of the special assessment amount collectible. Scenario B - $20 credit given, Parking District #3 would have an estimated credit amount of $12,842, leaving $70,628 of the special assessment amount collectible. The Board of Equalization will approve the special assessments at their full amounts, as stated in the BOE resolution. If a credit for parking is requested prior to billing then the net amount owed will be billed. If a credit is requested after the bill has been sent, but prior to the bill becoming delinquent (after 50 days), the credit will be applied and a new bill can be generated, if needed. Finally, all requests for credits will be reviewed and those that are approved will be allowed. A list of credit forms received to date is attached to this item. Additional information about the parking district and it's history was provided as part of the memo for the September 26, 2023 meeting, item 11c approving resolution 2023- 151. FISCAL IMPACT: The recommended assessment value is an overall increase of $10,000 from the prior year 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 presented in this motion. RECOMMENDATION: City Administration has provided two options for City Council consideration. Option A is the historic method with a $10 per stall credit. Option B is a $20 per stall credit that was provided after Council discussion in July 2023. The option that passes will be the same item getting voted on for item 13b / ordinance #9949. The option that does not get approved will automatically fail. SAMPLE MOTION: Move to approve Option A or B. ATTACHMENTS: 1. Parking Dist 3 Requested Credits List 2. Resolution (A) 3. Resolution (B) Page 9 of 320 Parcel Address Name Parking Spaces400004097 221 E South Front St (YMCACity of GI80400006685 100 E 1st ST City of GI 159400004739 416 W 3rd Mark Stelk 2400006944 321 W 2nd St Zach Zoul / Zoul Properties7400005603 212 N Locust Clint Simmons / C&S Group 14400006952 105‐111 N Walnut HPG Corner LLC 13400004437 112 W 3rd Studio 10 Art Gallery 2400005557 210‐212 W 2nd St Thomas Ziller ‐ TW Ziller Properties 3400004623 309‐311 North Locust St Downtown Center LLC 72400005700 112 W 2nd Scott Gorka 15400004712 424 W 3rd St Amy Mayhew 53400004925502, 506 W 3rd St T‐Squared Properties4400005786 211 N Sycamore S & V Investments LLC 25400004828 325 N Elm Mead Lumber / Jeffrey Heng 17400006707 101 W 2nd Equitable Bank400006723 113 N Locust Equitable Bank400135876 115 W 2ND ST Equitable Bank400143259 123 N LOCUST ST 102 Equitable Bank400143267 123 N LOCUST ST 103 Equitable Bank400143275 123 N LOCUST ST 104 Equitable Bank400292963 Equitable Bank2022‐2023 PARK2350Page 10 of 320 R E S O L U T I O N 2023-BE-5 (A) BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Vehicle Offstreet Parking District No. 3, 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 $83,475.82; and Such benefits are equal and uniform; and According to the building area of the respective lots, tracts, and real estate within such Vehicle Offstreet Parking District No. 3, such benefits are the sums set opposite the several descriptions as follows: The name of the owner, legal description, building area and the special tax amounts are as follows: PARCEL CURRENT OWNER LEGAL SQFT 2023 Charge 400004097 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLKS 52 & 53 & PT VAC KIMBALL AVE 83295 4,239.72 400004119 CASA DE ORACION, INC ORIGINAL TOWN N 100.5' E 2/3 LT 1 BLK 54 13149 669.28 400004135 WING PROPERTIES INC ORIGINAL TOWN W 1/3 LT 1 BLK 54 0 - 400004143 SHEARER RENTALS ORIGINAL TOWN LT 2 BLK 54 18620 947.76 400004151 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 3 BLK 54 0 - 400004178 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 4 BLK 54 0 - 400004186 HERRERA/ANDRES R & KIANA A ORIGINAL TOWN N 1/2 W 2/3 LT 6 & N 1/2 LT 5 BLK 54 21914 1,115.42 400004194 KATROUZOS/GUS G ORIGINAL TOWN S 60' W 1/3 LT 5BLK54 3924 199.73 400004208 KATROUZOS/GUS G ORIGINAL TOWN S 60' W 16' E 2/3 LT 5 BLK 54 1856 94.47 400004216 PINNACLE BANK ORIGINAL TOWN E 28' S 1/2 LT 5 & N 6' W 38' S 1/2 LT 5 BLK 54 9900 503.91 400004232 WING PROPERTIES INC ORIGINAL TOWN E 22' W 44' S 1/2 & E 22' LT 6 BLK 54 8712 443.44 400004240 WING PROPERTIES INC ORIGINAL TOWN W 1/3 LT 7 BLK 54 8228 418.81 400004259 WING PROPERTIES INC ORIGINAL TOWN C 1/3 LT 7 BLK 54 7304 371.77 400004275 WING PROPERTIES INC ORIGINAL TOWN LT 8 & E 1/3 OF LT 7 XC 15' X 15' X 15' SOLD TO CITY BLK 54 23929 1,217.99 400004305 URBAN ISLAND LLC ORIGINAL TOWN N 1/2 LT 1 BLK 55 12184 620.17 Page 11 of 320 R E S O L U T I O N 2023-BE-5 (A) - 2 - 400004313 URBAN ISLAND LLC ORIGINAL TOWN N 44' OF S 1/2 LT 1 BLK 55 5280 268.75 400004321 IRVINE/VIRGINIA ORIGINAL TOWN S 22' LT 1 BLK 55 1320 67.19 400004348 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 1/2 LT 3 & ALL LT 2 BLK 55 0 - 400004356 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 1/2 W 1/2 LT 3 & N 1/2 LT 4 BLK 55 0 - 400004364 EBMT PROPERTIES, LLC ORIGINAL TOWN S 1/2 W 1/2 LT 3 & S 1/2 LT 4 BLK 55 18975 965.83 400004372 DOWNTOWN CENTER LLC ORIGINAL TOWN N 67.5' LT 5 BLK 55 0 - 400004380 ARMSTRONG/MATTHEW E & JANELLE A ORIGINAL TOWN N 20' S 64.5' LT 5 BLK 55 3720 189.35 400004399 RESSLER, DONALD JR ORIGINAL TOWN S 44.5' LT 5 BLK 55 8530 434.18 400004402 FAMOS CONSTRUCTION INC ORIGINAL TOWN W 2/3 LT 6 BLK 55 15576 792.82 400004429 ARCHIE/JENNIFER L & FLOYD D ORIGINAL TOWN E 1/3 LT 6 BLK 55 7568 385.21 400004437 STUDIO 10 ART GALLERY LLC ORIGINAL TOWN W 1/3 LT 7 BLK 55 5874 298.99 400004445 HEDDE BUILDING LLC ORIGINAL TOWN E 2/3 LT 7 BLK 55 18836 958.75 400004461 T W ZILLER PROPERTIES LLC ORIGINAL TOWN W 1/3 LT 8 BLK 55 9504 483.75 400004488 T W ZILLER PROPERTIES LLC ORIGINAL TOWN C 1/3 LT 8 BLK 55 9504 483.75 400004496 T W ZILLER PROPERTIES LLC ORIGINAL TOWN E 1/3 LT 8 BLK 55 11744 597.77 400004518 UNION PACIFIC RAILROAD ORIGINAL TOWN N OF BLKS 55 & 56 134.5' X 550' UP RR ROW 0 - 400004526 DOWNTOWN CENTER LLC ORIGINAL TOWN N 68' LT 1 & ALL LT 2 & E 1/2 LT 3 BLK 56 0 - 400004534 DOWNTOWN CENTER LLC ORIGINAL TOWN N 22' S 42' & W 6' S 20' LT 1 BLK 56 0 - 400004542 DOWNTOWN CENTER LLC ORIGINAL TOWN N 22' S 64' LT 1 BLK 56 0 - 400004550 DOWNTOWN CENTER LLC ORIGINAL TOWN S 20' E 60' LT 1 BLK 56 0 - 400004577 PANTHERA INVESTMENT GROUP LLC ORIGINAL TOWN W 1/3 LT 5 BLK 56 7964 405.37 400004585 URBAN ISLAND LLC ORIGINAL TOWN E 2/3 LT 5 BLK 56 16632 846.57 400004593 POHL/JAMES A ORIGINAL TOWN LT 6 BLK 56 17424 886.88 400004615 308 REAL ESTATE, LLC ORIGINAL TOWN LT 7 BLK 56 24948 1,269.85 400004623 DOWNTOWN CENTER LLC ORIGINAL TOWN LT 8 BLK 56 41938 2,134.64 Page 12 of 320 R E S O L U T I O N 2023-BE-5 (A) - 3 - 400004631 CITY OF G I PARK LOT ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 1/2 LT 1 & ALL LTS 2- 3 & 4 BLK 57 0 - 400004658 J & B RENTALS LLC ZILLER SUB LT 1 17424 886.88 400004666 THE GRAND FOUNDATION, INC ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 2/3 LT 6 BLK 57 10968 558.27 400004674 EBMT PROPERTIES, LLC ORIGINAL TOWN LT 7 BLK 57 26136 1,330.32 400004682 AMUR REAL ESTATE LLC ORIGINAL TOWN LT 8 BLK 57 21232 1,080.71 400004690 CORRAL/ANGEL ORIGINAL TOWN LTS 1 & 2 BLK 58 698 35.53 400004704 MAYHEW/AMY ORIGINAL TOWN N 1/2 LT 4 & N 1/2 LT 3 BLK 58 0 - 400004712 MAYHEW/AMY ORIGINAL TOWN LT 5 & W 22' LT 6 BLK 58 17608 896.25 400004720 MAYHEW/AMY ORIGINAL TOWN S 1/2 LT 3 & S 1/2 LT 4 BLK 58 0 - 400004739 STELK/MARK D JENSEN SUB LT 1 2024 103.02 400004747 BANDASACK, CHANH & SIPHAHN ORIGINAL TOWN W 1/3 LT 7 BLK 58 2634 134.07 400004755 LINDNER-BOMBECK TRUSTEE/MARILYN A ORIGINAL TOWN C 1/3 LT 7 BLK 58 2376 120.94 400004763 GALVAN/VICTORIA PRENSA LATINA SUB LT 1 1892 96.30 400004771 CALDERON/ELISEO PRENSA LATINA SUB LT 2 2024 103.02 400004798 STELK/MARK D PRENSA LATINA SUB LT 4 3008 153.11 400004801 STELK/MARK D & WANDA L PRENSA LATINA SUB LT 3 4240 215.82 400004828 MEAD BUILDING CENTERS ORIGINAL TOWN N 102.5' LT 1 & ALL LT 2 BLK 59 16962 863.37 400004844 T SQUARED PROPERTIES LLC ORIGINAL TOWN S 29.5' LT 1 BLK 59 0 - 400004852 THIRD CITY ARCHERS INC ORIGINAL TOWN S 99' LT 4 & ALL LT 3 BLK 59 7992 406.79 400004879 520 3RD ST, LLC ORIGINAL TOWN LT 5 BLK 59 8712 443.44 400004887 LUCERO/JOSE LUIS & AURA ORIGINAL TOWN E 23' W 46' LT 6 BLK 59 3251 165.48 400004895 GERDES/LARRY C & MARY ANN ORIGINAL TOWN W 23' LT 6 BLK 59 2998 152.60 400004909 BERTA/GARY J & BILLIE J ORIGINAL TOWN E 20' LT 6 & W 1/2 LT 7 BLK 59 2100 106.89 400004917 T SQUARED PROPERTIES LLC ORIGINAL TOWN W 22' E 1/2 LT 7 BLK 59 2462 125.32 400004925 T SQUARED PROPERTIES LLC ORIGINAL TOWN E 11' LT 7 & ALL LT 8 BLK 59 17787 905.36 400005050 D & A INVESTMENTS LLC ORIGINAL TOWN S 44' LT 1 BLK 62 2904 147.81 Page 13 of 320 R E S O L U T I O N 2023-BE-5 (A) - 4 - 400005069 D & A INVESTMENTS LLC ORIGINAL TOWN N 88' LT 1 BLK 62 5808 295.63 400005077 D & A INVESTMENTS LLC ORIGINAL TOWN LT 2 BLK 62 8712 443.44 400005085 D & A INVESTMENTS, INC ORIGINAL TOWN TO THE CITY OF GRAND ISLAND S 66' LT 4 & N 66' E 57' LT 3 & S 66' LT 3 BLK 62 7524 382.97 400005093 D & A INVESTMENTS LLC ORIGINAL TOWN N 66' W 9' LT 3 & N 66' LT 4 BLK 62 1585 80.68 400005166 HUENEFELD/DANIEL C & LINDA K ORIGINAL TOWN LTS 1 & 2 BLK 63 29033.28 1,477.79 400005168 GRAND ISLAND ENTREPRENEURIAL VENTURE LLC CITY CENTRE CONDOMINIUMS UNIT 2 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK63)7947.446 404.53 400005170 PARAMOUNT DEVELOPMENT, LLC CITY CENTRE CONDOMINIUMS UNIT 3 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK63)6047.816 307.83 400005172 PARAMOUNT DEVELOPMENT, LLC CITY CENTRE CONDOMINIUMS UNIT 4 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK63)7351.008 374.17 400005174 LL FORGY PROPERTIES, LLC ORIGINAL TOWN E 2/3 LT 3 BLK 63 3693 187.97 400005182 MASONIC TEMPLECRAFT ASSO OF GI ORIGINAL TOWN W 1/3 LT 3 & E 1/3 LT 4 BLK 63 5808 295.63 400005190 GUERRERO/ROCIO A ESPARZA ORIGINAL TOWN TO THE CITY OF GRAND ISLAND W 2/3 LT 4 BLK 63 5808 295.63 400005204 WARDENS & VESTRYMEN OF ST ST. STEPHENS SUB TO THE CITY OF GRAND ISLAND LT 1 15561 792.05 400005212 WARDENS & VESTRY ST STEPHENS ST. STEPHENS SUB TO THE CITY OF GRAND ISLAND LT 2 0 - 400005220 MATT JURGENA AGENCY LLC ORIGINAL TOWN S 88' LT 8 BLK 63 1668 84.90 400005239 T W ZILLER PROPERTIES LLC ORIGINAL TOWN N 44' LT 8 BLK 63 8712 443.44 400005247 YENNIFRE, LLC ORIGINAL TOWN E 1/3 LT 1 BLK 64 8657 440.64 400005255 HAND/CRAIG C ORIGINAL TOWN C 1/3 LT 1 BLK 64 7243 368.67 400005263 BOWEN/STEPHEN T & JACQUELINE E ORIGINAL TOWN W 1/3 LT 1 BLK 64 4296 218.67 400005271 A HIGHER PLANE PRODUCTIONS LLC ORIGINAL TOWN E 44' LT 2 BLK 64 11000 559.90 400005298 A HIGHER PLANE PRODUCTIONS, LLC ORIGINAL TOWN W 1/3 LT 2 BLK 64 4375 222.69 400005301 DOUBLE S PROPERTIES LLC ORIGINAL TOWN E 1/3 LT 3 BLK 64 8448 430.00 400005328 ALVAREZ/ABRAHAM HERMOSILLO ORIGINAL TOWN W 2/3 LT 3 BLK 64 16896 860.01 400005336 GERDES/GALEN E & TAMERA M ORIGINAL TOWN LT 4 BLK 64 17292 880.16 400005344 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 5 BLK 64 0 - Page 14 of 320 R E S O L U T I O N 2023-BE-5 (A) - 5 - 400005352 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 6 & 7 BLK 64 0 - 400005360 WAGONER/MICHAEL ORIGINAL TOWN N 22' LT 8 BLK 64 2838 144.45 400005379 TAYLOR/TERRY N & SUSAN M ORIGINAL TOWN S 1/2 N 1/3 LT 8 BLK 64 4136 210.52 400005387 PERFORMANCE PLUS LIQUIDS, INC ORIGINAL TOWN N 44' S 88' LT 8 BLK 64 5790 294.71 400005395 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND S 44' LT 8 BLK 64 0 - 400005409 HEDDE BUILDING LLC ORIGINAL TOWN LT 1 BLK 65 25380 1,291.84 400005417 NIELSEN/PAUL C & HANNAH M ORIGINAL TOWN E 1/3 LT 2 BLK 65 5808 295.63 400005425 TAKE FLIGHT INVESTMENTS LLC ORIGINAL TOWN C 1/3 LT 2 BLK 65 5472 278.52 400005433 TAKE FLIGHT INVESTMENTS LLC ORIGINAL TOWN W 1/3 LT 2 BLK 65 6666 339.30 400005441 TAKE FLIGHT INVESTMENTS, LLC ORIGINAL TOWN E 1/3 LT 3 BLK 65 2626 133.66 400005468 IGLESIA EVANGELICA PENTECOSTES ORIGINAL TOWN TO THE CITY OF GRAND ISLAND C 1/3 LT 3 BLK 65 7304 371.77 400005476 SWEET DREAM LINGERIE, INC ORIGINAL TOWN W 1/3 LT 3 BLK 65 7920 403.13 400005484 HOFFER/ALLEN & LINDA ORIGINAL TOWN E 1/3 LT 4 BLK 65 7920 403.13 400005492 AZURE INVESTMENT GROUP, LLC ORIGINAL TOWN W 2/3 LT 4 BLK 65 11176 568.86 400005506 SCOTTIE DOG PROPERTIES, LLC ORIGINAL TOWN S 44' N 1/2 LT 5 BLK 65 5632 286.67 400005514 TAYLOR/TERRY N & SUSAN M ORIGINAL TOWN N 22' LT 5 BLK 65 4356 221.72 400005522 J O ENTERPRISES INC ORIGINAL TOWN S 1/2 LT 5 BLK 65 4074 207.37 400005530 J & B RENTALS LLC ORIGINAL TOWN W 1/3 LT 6 BLK 65 2482 126.33 400005549 T W ZILLER PROPERTIES LLC ORIGINAL TOWN E 2/3 LT 6 BLK 65 14048 715.04 400005557 T W ZILLER PROPERTIES LLC ORIGINAL TOWN W 1/2 LT 7 BLK 65 6600 335.94 400005565 C & S GROUP LLC ORIGINAL TOWN N 55' E 1/2 LT 7 & N 55' LT 8 BLK 65 0 - 400005573 C & S GROUP LLC ORIGINAL TOWN PT W 18.9' E 1/2 LT 7 & N 29.9' E 14.1' LT 7 & W 29' OF C 22' OF E 1/2 LT 7 & N 29.9' OF S 55'LT 8 XC N 6' S 31.1' E 40' LT 8 BLK 65 2715 138.19 400005581 PARMLEY/DAVID J ORIGINAL TOWN C 22' E 4' LT 7 & C 22' LT 8 BLK 65 3080 156.77 400005603 C & S GROUP LLC ORIGINAL TOWN S 25.1' E 14.1' LT 7 & S 25.1' LT 8 & N 6' S 31.1' E 40' LT 8 BLK 65 6720 342.05 400005611 AZTECA MARKET LLC ORIGINAL TOWN LTS 1 & 2 BLK 66 34848 1,773.76 Page 15 of 320 R E S O L U T I O N 2023-BE-5 (A) - 6 - 400005638 FRANCO ENTERTAINMENT, LLC ORIGINAL TOWN W 2/3 LT 3 XC W 17.5' OF S 44' BLK 66 12358 629.02 400005646 VIPPERMAN/JOHN FREDRICK ORIGINAL TOWN E 1/3 LT 3 BLK 66 8712 443.44 400005654 RISE PROPERTIES, LLC ORIGINAL TOWN N 88' E 1/3 LT 4 BLK 66 5094 259.28 400005662 ARENDS/SIERRA ORIGINAL TOWN N 88' C 1/3 LT 4 BLK 66 5148 262.03 400005670 WING EMPIRE INC ORIGINAL TOWN N 80' W 1/3 LT 4 BLK 66 4620 235.16 400005689 URBAN ISLAND LLC ORIGINAL TOWN W 17 1/2' S 44' LT 3 & N 8' S 52' W 22' & S 44' LT 4 BLK 66 27104 1,379.59 400005697 ARTISAN'S ALLEY LLC ORIGINAL TOWN W 1/3 LT 6 & ALL LT 5 BLK 66 27407 1,395.02 400005700 URBAN ISLAND LLC ORIGINAL TOWN E 2/3 LT 6 & W 1/3 LT 7 BLK 66 21780 1,108.60 400005719 RAWR HOLDINGS LLC ORIGINAL TOWN E 2/3 LT 7 BLK 66 7832 398.65 400005722 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 101 (FIRST FLOOR)~9538 485.48 400005723 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 201 (2ND FLOOR)7049 358.79 400005725 GRAND ISLAND REAL ESTATE OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 301 (3RD FLOOR)7223 367.65 400005727 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 001 (BASEMENT)8406 427.87 400005729 OLD CITY HALL COND ASSO INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME(COMMON AREA)3753 191.03 400005735 CITY OF GI ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 1/2 BLK 67 0 - 400005743 COUNTY OF HALL NEBRASKA ORIGINAL TOWN S 1/2 BLK 67 8945 455.30 400005751 S&V INVESTMENTS LLC ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 1/3 LT 2 & ALL LT 1 BLK 68 0 - 400005786 S&V INVESTMENTS LLC SV SUB LT 1 23938 1,218.44 400006685 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLK 78 & VACATED ALLEY 49773 2,533.45 400006707 EQUITABLE BLDG & LOAN ASSN/THE ORIGINAL TOWN LT 1 BLK 79 434 22.09 400006715 EQUITABLE BLDG & LOAN ASSN OF GI ORIGINAL TOWN LT 2 BLK 79 0 - 400006723 EQUITABLE BLDG & LOAN ASSN/THE ORIGINAL TOWN S 44' LT 3 & S 44' LT 4 BLK 79 4906 249.72 400006766 EQUITABLE BLDG & LOAN ASSN OF GI ORIGINAL TOWN N 26' 10.5 LT 8 BLK 79 0 - Page 16 of 320 R E S O L U T I O N 2023-BE-5 (A) - 7 - 400006774 EQUITABLE BLDG & LOAN ASSN OF G I ORIGINAL TOWN S 17' 1.5 N 44' LT 8 BLK 79 0 - 400006782 EQUITABLE BLDG & LOAN ASSN OF G I ORIGINAL TOWN S 88' LT 8 BLK 79 0 - 400006790 CALDERON/ELISEO ORIGINAL TOWN E 22' LT 4 & W 22' LT 3 BLK 80 13280 675.95 400006809 CALDERON/ELISEO ORIGINAL TOWN W 44' LT 4 BLK 80 17864 909.28 400006812 NORTHWESTERN BELL TELE CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 5-6-7 BLK 80 86184 4,386.77 400006820 NORTHWESTERN BELL TELE CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 44' LT 8 BLK 80 0 - 400006839 BZ LLC ORIGINAL TOWN C 1/3 LT 8 BLK 80 2836 144.35 400006847 HALL CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 1-2 & E 44' LT 3 BLK 80 23339 1,187.96 400006863 MITCHELL/DEREK L & RUTH E ORIGINAL TOWN S 44' LT 8 BLK 80 2904 147.81 400006871 VICTORY BIBLE FELLOWSHIP OF THE ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 1 BLK 81 26094 1,328.18 400006898 GRAND ISLAND AREA CHAMBER OF COMMERCE ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 2/3 LT 2 BLK 81 12760 649.48 400006901 LEFT CLICK PROPERTIES LLC ORIGINAL TOWN W 1/3 LT 2 BLK 81 2420 123.18 400006928 TINAJERO/FRANCISCO ORIGINAL TOWN E 1/3 LT 3 BLK 81 2464 125.42 400006936 ENCINGER ENTERPRISES LLC ORIGINAL TOWN C 1/3 LT 3 BLK 81 7106 361.70 400006944 ZOUL PROPERTIES, LLC ORIGINAL TOWN W 1/3 LT 3 & ALL 4 BLK 81 4860 247.37 400006952 HPG CORNER, LLC ORIGINAL TOWN LT 5 BLK 81 5868 298.68 400006960 HPG CORNER, LLC ORIGINAL TOWN LT 6 BLK 81 2426 123.48 400006979 WHEELER STREET PARTNERSHIP ORIGINAL TOWN LT 7 & S 2/3 LT 8 BLK 81 6607 336.30 400006987 WHEELER ST PARTNERSHIP ORIGINAL TOWN N 1/3 LT 8 BLK 81 7656 389.69 400006995 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 1 & PT VAC ALLEY BLK 82 0 - 400007002 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 2 & PT VAC ALLEY BLK 82 4742 241.37 400007010 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 3 & PT VAC ALLEY BLK 82 0 - 400007029 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 4 & PT VAC ALLEY BLK 82 0 - 400007037 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LTS 5-6-7-8 & PT VAC ALLEY BLK 82 29053 1,478.80 400007223 GRAND ISLAND LIEDERKRANZ ORIGINAL TOWN PT LTS 1-2-3 & 4 BLK 87 33632 1,711.87 Page 17 of 320 R E S O L U T I O N 2023-BE-5 (A) - 8 - 400007304 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLK 88 0 - 400007312 DODGE & ELK PARK LOTS ORIGINAL TOWN TO THE CITY OF GRAND ISLAND PT BLK 89 0 - 400007320 SNH HOLDINGS, LLC ORIGINAL TOWN N 60' FR LTS 1 & 2 & N 60' OF E 24' OF LT 3 BLK 89 11822 601.74 400039605 HALL CO COURT HOUSE ADD TO THE CITY OF GRAND ISLAND LT 1 0 - 400039613 HALL CO COURT HOUSE ADD TO THE CITY OF GRAND ISLAND LT 2 0 - 400039621 HALL CO COURT HOUSE ADD TO THE CITY OF GRAND ISLAND LT 3 0 - 400039648 HALL CO COURT HOUSE ADD TO THE CITY OF GRAND ISLAND LT 4 0 - 400135868 L.P.B. LLC GILBERT'S SUB NORTH, PART OF BLK 79, ORIGINAL TOWN 22' X 99' LT A 2904 147.81 400135876 EQUITABLE BUILDING & LOAN ASSOC GILBERT'S SUB NORTH, PART OF BLK 79, ORIGINAL TOWN LT B 1452 73.91 400143259 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 102 939 47.80 400143267 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 103 1364 69.43 400143275 EQUITABLE BUILDING & LOAN ASSN/THE THE YANCEY, A CONDOMINIUM UNIT 104 3367 171.38 400143283 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 201A 3616 184.05 400143291 DEVCO INVESTMENT CORPORATION THE YANCEY, A CONDOMINIUM UNIT 301 787 40.06 400143305 GEORGE/MOLLIE JO THE YANCEY, A CONDOMINIUM UNIT 302 567 28.86 400143313 FARR/THOMAS M & NITA J THE YANCEY, A CONDOMINIUM UNIT 303 730 37.16 400143321 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 304 734 37.36 400143348 HINRICHS/DARRELL D & MARLENE M THE YANCEY, A CONDOMINIUM UNIT 305 910 46.32 400143356 HETTLE/MICHAEL THE YANCEY, A CONDOMINIUM UNIT 401 582 29.62 400143364 GOMEZ/SARA THE YANCEY, A CONDOMINIUM UNIT 402 654 33.29 400143372 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 403 631 32.12 400143380 GOMEZ, SARA & ANIBAL THE YANCEY, A CONDOMINIUM UNIT 404 722 36.75 400143399 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 405 630 32.07 400143402 POWERS/YOLANDA L THE YANCEY, A CONDOMINIUM UNIT 406 623 31.71 400143410 THE A-A-RON GROUP, LLC THE YANCEY, A CONDOMINIUM UNIT 407 900 45.81 400143429 LUCE/ERIC D THE YANCEY, A CONDOMINIUM UNIT 501 582 29.62 Page 18 of 320 R E S O L U T I O N 2023-BE-5 (A) - 9 - 400143437 CASTELLANOS/HECTOR CAMILO ACOSTA THE YANCEY, A CONDOMINIUM UNIT 502 671 34.15 400143445 LEISURE ISLAND RENTALS, LLC THE YANCEY, A CONDOMINIUM UNIT 503 631 32.12 400143453 HARTER ENTERPRISES, LLC THE YANCEY, A CONDOMINIUM UNIT 504 722 36.75 400143461 INFINITY REAL ESTATE, LLC THE YANCEY, A CONDOMINIUM UNIT 505 630 32.07 400143488 HARTER ENTERPRISES, LLC THE YANCEY, A CONDOMINIUM UNIT 506 623 31.71 400143496 ALEXANDER/WENDY L THE YANCEY, A CONDOMINIUM UNIT 507 900 45.81 400143518 ROE/JIM GAYLORD & ADRIANA THE YANCEY, A CONDOMINIUM UNIT 601 582 29.62 400143526 ROE/JIM GAYLORD & ADRIANA THE YANCEY, A CONDOMINIUM UNIT 602 671 34.15 400143534 POST/KAELEIGH THE YANCEY, A CONDOMINIUM UNIT 603 631 32.12 400143542 JOHNSTON/ANDREW COLE THE YANCEY, A CONDOMINIUM UNIT 604 722 36.75 400143550 NELSON/DEAN A THE YANCEY, A CONDOMINIUM UNIT 605 630 32.07 400143569 LEE/EVAN E & TEREASA T MCDONALD THE YANCEY, A CONDOMINIUM UNIT 606 623 31.71 400143577 KILE/ABBY THE YANCEY, A CONDOMINIUM UNIT 607 900 45.81 400143585 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 701 582 29.62 400143593 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 702 671 34.15 400143607 LUBER/HANNAH THE YANCEY, A CONDOMINIUM UNIT 703 631 32.12 400143615 LEISURE ISLAND RENTALS, LLC THE YANCEY, A CONDOMINIUM UNIT 704 722 36.75 400143623 SEADREAM ENTERPRISES, LLC THE YANCEY, A CONDOMINIUM UNIT 705 630 32.07 400143631 WRIGHT/ALEXIA K THE YANCEY, A CONDOMINIUM UNIT 706 623 31.71 400143658 SABELS/MARTIN C THE YANCEY, A CONDOMINIUM UNIT 707 900 45.81 400143666 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 801 582 29.62 400143674 APPEL/AUSTIN THE YANCEY, A CONDOMINIUM UNIT 802 671 34.15 400143682 ZAVALA/VINCENT & SHARON THE YANCEY, A CONDOMINIUM UNIT 803 740 37.67 400143690 NESIBA/ MERLIN J & JUDY M THE YANCEY, A CONDOMINIUM UNIT 804 1062 54.06 400143704 POWERS/YOLANDA L THE YANCEY, A CONDOMINIUM UNIT 805 803 40.87 400143712 NELSON/JACK L THE YANCEY, A CONDOMINIUM UNIT 806 1001 50.95 Page 19 of 320 R E S O L U T I O N 2023-BE-5 (A) - 10 - 400143720 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 901 582 29.62 400143739 LEISURE ISLAND RENTALS, LLC THE YANCEY, A CONDOMINIUM UNIT 902 671 34.15 400143747 DETLEFSEN/DARRELL F & LISA THE YANCEY, A CONDOMINIUM UNIT 903 740 37.67 400143755 NICKERSON/MITCHELL & SUSAN THE YANCEY, A CONDOMINIUM UNIT 904 1062 54.06 400143763 DIZMANG/TAMMY L THE YANCEY, A CONDOMINIUM UNIT 905 803 40.87 400143771 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 906 1001 50.95 400143798 KLEIN/MARTIN R THE YANCEY, A CONDOMINIUM UNIT 1001 582 29.62 400143801 HARTER ENTERPRISES, LLC THE YANCEY, A CONDOMINIUM UNIT 1002 671 34.15 400143828 LEISURE ISLAND RENTALS, LLC THE YANCEY, A CONDOMINIUM UNIT 1003 740 37.67 400143836 WHITEHEAD/DIANA L THE YANCEY, A CONDOMINIUM UNIT 1004 1062 54.06 400143844 YENNIFRE, LLC THE YANCEY, A CONDOMINIUM UNIT 1005 803 40.87 400143852 ADEN/STEVEN G THE YANCEY, A CONDOMINIUM UNIT 1006 1001 50.95 400143860 HINRICHS/DARRELL D & MARLENE M THE YANCEY, A CONDOMINIUM UNIT 1101 582 29.62 400143879 MUSQUIZ/LARRY J THE YANCEY, A CONDOMINIUM UNIT 1102 671 34.15 400143887 BUCKLEY/LYNN A THE YANCEY, A CONDOMINIUM UNIT 1103 740 37.67 400143895 PERFORMANCE PLUS LIQUIDS INC THE YANCEY, A CONDOMINIUM UNIT 1104 1062 54.06 400143909 BOLEY/LOREN E THE YANCEY, A CONDOMINIUM UNIT 1105 803 40.87 400143917 AULNER/KRISTINE THE YANCEY, A CONDOMINIUM UNIT 1106 1001 50.95 400287218 ARTVEST III THE YANCEY, A CONDOMINIUM UNIT 002 514 26.16 400287226 ARTVEST III THE YANCEY, A CONDOMINIUM UNIT 001 2068 105.26 400287390 ELLISON/ROXANN T ORIGINAL TOWN W 18.9' OF E 33' OF S 25.1' LT 7 BLK 65 450 22.91 400292963 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 101 227 11.55 400292971 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 201B 437 22.24 400292998 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 201C 1100 55.99 400293005 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 201D 839 42.71 400293498 UNION PACIFIC RAILROAD MISCELLANEOUS TRACTS 15-11-9 TO CITY OF G I, PT NW 1/4, LOCATED S~OF BLKS 44-45-46-47-48 O.T.~0 - Page 20 of 320 R E S O L U T I O N 2023-BE-5 (A) - 11 - 400293501 UNION PACIFIC RAILROAD MISCELLANEOUS TRACTS 16-11-9 TO THE CITY OF GRAND ISLAND PT NE 1/4 0 - 400294982 HOME FEDERAL SAVINGS & LOAN ORIGINAL TOWN PT LTS 1-2-3-4-7 & ALL 5 & 6 & PT VACATED ALLEY BLK 89 416 21.17 400325705 CALDERON/ELISEO JENSEN SUB LT 2 1650 83.99 400328798 MEAD BUILDING CENTERS IMPROVEMENTS ONLY LOCATED ON NO OF BLK 59 O.T. MISC TRACTS 16- 11-9 LANDOWNER: U NION PACIFIC RAILROAD 25439 1,294.85 400367009 IGLESIA EVANGELICA PENTECOSTES ZILLER SUB LT 2 16254 827.33 400401681 GRAND ISLAND/CITY OF WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND VACATED ST SOUTH OF LT 1 0 - 400467186 GRAND ISLAND LIEDERKRANZ ORIGINAL TOWN TO THE CITY OF GRAND ISLAND PT LTS 1-2-3&4 BLK87 0 - 400475235 CITY OF GRAND ISLAND PARKING RAMP SUB TO THE CITY OF GRAND ISLAND LTS 1-2-& 3 0 - 400524060 CITY OF GRAND ISLAND ORIGINAL TOWN VAC WHEELER AVE BETWEEN LT 5 BLK 56 & LT 8 BLK 57 RIGHT-OF-WAY ONLY 0 - 83,475.82 Upon due and proper application received from the owner of any assessed tract or parcel, a $10 tax credit may be provided for each private parking space located upon the assessed tract or parcel, which credit shall be applied against the special tax due not to exceed the amount of the special assessment and tax. To qualify for credit, a parking space shall be of sufficient size for parking a passenger car or larger. _ _ _ Adopted by the City Council of the City of Grand Island, Nebraska, on October 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 21 of 320 R E S O L U T I O N 2023-BE-5 (B) BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Vehicle Offstreet Parking District No. 3, 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 $83,475.82; and Such benefits are equal and uniform; and According to the building area of the respective lots, tracts, and real estate within such Vehicle Offstreet Parking District No. 3, such benefits are the sums set opposite the several descriptions as follows: The name of the owner, legal description, building area and the special tax amounts are as follows: PARCEL CURRENT OWNER LEGAL SQFT 2023 Charge 400004097 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLKS 52 & 53 & PT VAC KIMBALL AVE 83295 4,239.72 400004119 CASA DE ORACION, INC ORIGINAL TOWN N 100.5' E 2/3 LT 1 BLK 54 13149 669.28 400004135 WING PROPERTIES INC ORIGINAL TOWN W 1/3 LT 1 BLK 54 0 - 400004143 SHEARER RENTALS ORIGINAL TOWN LT 2 BLK 54 18620 947.76 400004151 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 3 BLK 54 0 - 400004178 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 4 BLK 54 0 - 400004186 HERRERA/ANDRES R & KIANA A ORIGINAL TOWN N 1/2 W 2/3 LT 6 & N 1/2 LT 5 BLK 54 21914 1,115.42 400004194 KATROUZOS/GUS G ORIGINAL TOWN S 60' W 1/3 LT 5BLK54 3924 199.73 400004208 KATROUZOS/GUS G ORIGINAL TOWN S 60' W 16' E 2/3 LT 5 BLK 54 1856 94.47 400004216 PINNACLE BANK ORIGINAL TOWN E 28' S 1/2 LT 5 & N 6' W 38' S 1/2 LT 5 BLK 54 9900 503.91 400004232 WING PROPERTIES INC ORIGINAL TOWN E 22' W 44' S 1/2 & E 22' LT 6 BLK 54 8712 443.44 400004240 WING PROPERTIES INC ORIGINAL TOWN W 1/3 LT 7 BLK 54 8228 418.81 400004259 WING PROPERTIES INC ORIGINAL TOWN C 1/3 LT 7 BLK 54 7304 371.77 400004275 WING PROPERTIES INC ORIGINAL TOWN LT 8 & E 1/3 OF LT 7 XC 15' X 15' X 15' SOLD TO CITY BLK 54 23929 1,217.99 400004305 URBAN ISLAND LLC ORIGINAL TOWN N 1/2 LT 1 BLK 55 12184 620.17 Page 22 of 320 R E S O L U T I O N 2023-BE-5 (B) - 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Page 31 of 320 R E S O L U T I O N 2023-BE-5 (B) - 11 - 400293501 UNION PACIFIC RAILROAD MISCELLANEOUS TRACTS 16-11-9 TO THE CITY OF GRAND ISLAND PT NE 1/4 0 - 400294982 HOME FEDERAL SAVINGS & LOAN ORIGINAL TOWN PT LTS 1-2-3-4-7 & ALL 5 & 6 & PT VACATED ALLEY BLK 89 416 21.17 400325705 CALDERON/ELISEO JENSEN SUB LT 2 1650 83.99 400328798 MEAD BUILDING CENTERS IMPROVEMENTS ONLY LOCATED ON NO OF BLK 59 O.T. MISC TRACTS 16- 11-9 LANDOWNER: U NION PACIFIC RAILROAD 25439 1,294.85 400367009 IGLESIA EVANGELICA PENTECOSTES ZILLER SUB LT 2 16254 827.33 400401681 GRAND ISLAND/CITY OF WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND VACATED ST SOUTH OF LT 1 0 - 400467186 GRAND ISLAND LIEDERKRANZ ORIGINAL TOWN TO THE CITY OF GRAND ISLAND PT LTS 1-2-3&4 BLK87 0 - 400475235 CITY OF GRAND ISLAND PARKING RAMP SUB TO THE CITY OF GRAND ISLAND LTS 1-2-& 3 0 - 400524060 CITY OF GRAND ISLAND ORIGINAL TOWN VAC WHEELER AVE BETWEEN LT 5 BLK 56 & LT 8 BLK 57 RIGHT-OF-WAY ONLY 0 - 83,475.82 Upon due and proper application received from the owner of any assessed tract or parcel, a $20 tax credit may be provided for each private parking space located upon the assessed tract or parcel, which credit shall be applied against the special tax due not to exceed the amount of the special assessment and tax. To qualify for credit, a parking space shall be of sufficient size for parking a passenger car or larger. _ _ _ Adopted by the City Council of the City of Grand Island, Nebraska, on October 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 32 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 8.b. Subject: 2023-BE-6 - Consideration of Determining Benefits for Railside Business Improvement District Staff Contact: Brian Schultz BACKGROUND: On August 14, 2018, the City Council adopted Ordinance #9700 creating the Railside Business Improvement District (BID). The created ordinance established the purpose of the District, described the boundaries, and established that real property in the area would be subject to a special assessment to support the purposes of the District. The created Ordinance requires that a proposed budget for the District be approved by the BID Board and forwarded to the City Council for consideration. On July 12, 2023, the Railside BID Board met and approved the 2023- 2024 budget that provides for a total special assessment of $142,903.94. Which is a six percent increase from the 2023 special assessment. DISCUSSION: The City Council, in its capacity as the Board of Equalization, is required to determine the benefits of the District and take action on the assessments as provided for in the associated Ordinance. The assessment for owner-occupied properties is originally based on 100% of the assessed value. City code section 13-95(C) states Council may lower the amount of assessment for owner-occupied properties. The attached list of 12 property owners filed proper documentation with the Finance Department for the 30% eligible reduction. The approved reductions equal $701.83, reducing the request to $142,202.11. FISCAL IMPACT: The change in assessment value will add $8,088.90 of revenue to the Railside BID FY 2023-2024 budget. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee. Page 33 of 320 3. Postpone the issue to future date. 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that the Board of Equalization approve the proposed Special Assessments for the Railside BID SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. 2023-2024 Reduction List 2. Resolution Page 34 of 320 Parcel ID Name AddressCurrent Taxable ValuationReduced Taxable ValuationPercent Owner Occupied100% Assessed amount70% Assessed amount400143836Diana Whitehead 123 N Locust #1004 79,420.00$        55,594.00$        100% 190.63$              133.44$              400143887Lynn Buckley 123 N Locust #1103 66,891.00$        46,823.70$        100% 160.56$              112.39$              400042592Cecilia Royle 112 West Charles St 101,860.00$      71,302.00$        100% 244.49$              171.14$              400143518 Jim Roe 123 N Locust #601 59,649.00$        41,754.30$        100% 143.18$              100.23$              400042568 Lloyd & Marilyn Mueller 110 W Koenig 61,015.00$        42,710.50$        100% 146.45$              102.52$              400143747 Darrell Detlefsen 123 N Locust Apt 903 67,679.00$        47,375.30$        100% 162.45$              113.72$              400081075 Pedro Fernandez 721 W 1st St 154,266.00$      107,986.20$      100% 370.28$              259.20$              400143763Tammy Dizmang 123 N Locust #905 70,388.00$        49,271.60$        100% 168.95$              118.27$              400143712 Jack Nelson 123 N Locust #806 77,720.00$        54,404.00$        100% 186.55$              130.59$              400143437 Camilo Acosta 123 N Locust #502 63,990.00$        44,793.00$        100% 153.60$              107.52$              400143690 Merlin & Judy Nesiba 123 N Locust #804 98,679.00$        69,075.30$        100% 236.86$              165.80$              400143496 Wendy Alexander 123 N Locust #507 73,082.00$        51,157.40$        100% 175.42$              122.79$              2,339.42$          1,637.59$          2023-2024 Letters from property owners of the Railside BID requesting 30% reduction in Valuation.Page 35 of 320 R E S O L U T I O N 2023-BE-6 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Railside Business Improvement District, 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 $142,202.11 and Such benefits are equal and uniform; and According to the equivalent frontage of the respective lots, tracts, and real estate within Railside Business Improvement District, such benefits are the sums set opposite the several descriptions as follows: PARCEL OWNER LEGAL Assessment Amount 310 TALLGRASS INTERSTATE GAS TRANSMISSION LLC CENTRALLY ASSESSED 16.43 390 BLACK HILLS NEBRASKA GAS LLC CENTRALLY ASSESSED 0.47 450 NORTHWESTERN CORPORATION CENTRALLY ASSESSED 7,943.13 620 WINDSTREAM NEBRASKA INC CENTRALLY ASSESSED 2.65 640 QWEST CORPORATION CENTRALLY ASSESSED 4,736.95 705 AT&T COMMUNICATION CENTRALLY ASSESSED 29.89 840 AT&T MOBILITY LLC CENTRALLY ASSESSED 827.16 890 USCOC OF NEBRASKA/KANSAS DBA US CELLULAR CENTRALLY ASSESSED 397.65 400004097 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLKS 52 & 53 & PT VAC KIMBALLAVE (YMCA LOCATED ON IOLL 400004100) - 400004127 CASA DE ORACION, ONC ORIGINAL TOWN S 31.9' E 2/3 OF LT 1 BLK 54 - 400004135 WING PROPERTIES INC ORIGINAL TOWN W 1/3 LT 1 BLK 54 19.52 Page 36 of 320 R E S O L U T I O N 2023-BE-6 - 2 - 400004143 SHEARER RENTALS, LLC ORIGINAL TOWN LT 2 BLK 54 890.43 400004151 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 3 BLK 54 - 400004178 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 4 BLK 54 - 400004186 HERRERA/ANDRES R & KIANA ORIGINAL TOWN N 1/2 W 2/3 LT 6 & N 1/2 LT 5 BLK 54 481.56 400004194 KATROUZOS/GUS G ORIGINAL TOWN S 60' W 1/3 LT 5 BLK 54 159.08 400004208 KATROUZOS/GUS G ORIGINAL TOWN S 60' W 16' E 2/3 LT 5 BLK54 98.94 400004216 PINNACLE BANK ORIGINAL TOWN E 28' S 1/2 LT 5 & N 6' W 38' S 1/2 LT 5 BLK 54 2,511.93 400004232 WING PROPERTIES INC ORIGINAL TOWN E 22' W 44' S 1/2 & E 22' LT 6 BLK 54 637.69 400004240 WING PROPERTIES INC ORIGINAL TOWN W 1/3 LT 7 BLK 54 254.53 400004259 WING PROPERTIES INC ORIGINAL TOWN C 1/3 LT 7 BLK 54 372.66 400004275 WING PROPERTIES INC ORIGINAL TOWN LT 8 & E 1/3 OF LT 7 XC 15' X 15' X 15' SOLD TO CITY BLK 54 762.52 400004305 URBAN ISLAND LLC ORIGINAL TOWN N 1/2 LT 1 BLK 55 1,160.28 400004313 URBAN ISLAND LLC ORIGINAL TOWN N 44' OF S 1/2 LT 1 BLK 55 321.70 400004321 IRVINE/VIRGINIA ORIGINAL TOWN S 22' LT 1 BLK 55 100.83 400004348 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 1/2 LT 3 & ALL LT 2 BLK 55 - 400004356 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 1/2 W 1/2 LT 3 & N 1/2 LT 4 BLK55 - 400004364 EBMT PROPERTIES, LLC ORIGINAL TOWN S 1/2 W 1/2 LT 3 & S 1/2 LT 4 BLK 55 514.24 400004372 DOWNTOWN CENTER LLC ORIGINAL TOWN N 67.5' LT 5 BLK 55 42.83 Page 37 of 320 R E S O L U T I O N 2023-BE-6 - 3 - 400004380 ARMSTRONG/MATTHEW E & JANELLE A ORIGINAL TOWN N 20' S 64.5' LT 5 BLK 55 145.85 400004399 RESSLER JR/DONALD M ORIGINAL TOWN S 44.5' LT 5 BLK 55 527.51 400004402 FAMOS CONSTRUCTION INC ORIGINAL TOWN W 2/3 LT 6 BLK 55 745.05 400004429 ARCHIE/JENNIFER L & FLOYD D ORIGINAL TOWN E 1/3 LT 6 BLK 55 302.80 400004437 STUDIO 10 ART GALLERY, LLC ORIGINAL TOWN W 1/3 LT 7 BLK 55 277.84 400004445 HEDDE BUILDING LLC ORIGINAL TOWN E 2/3 LT 7 BLK 55 874.29 400004461 T W ZILLER PROPERTIES LLC ORIGINAL TOWN W 1/3 LT 8 BLK 55 249.29 400004488 T W ZILLER PROPERTIES LLC ORIGINAL TOWN C 1/3 LT 8 BLK 55 240.20 400004496 T W ZILLER PROPERTIES LLC ORIGINAL TOWN E 1/3 LT 8 BLK 55 563.17 400004526 DOWNTOWN CENTER LLC ORIGINAL TOWN N 68' LT 1 & ALL LT 2 & E 1/2 LT 3 BLK 56 147.44 400004534 DOWNTOWN CENTER LLC ORIGINAL TOWN N 22' S 42' & W 6' S 20' LT 1 BLK 56 12.84 400004542 DOWNTOWN CENTER LLC ORIGINAL TOWN N 22' S 64' LT 1 BLK 56 11.86 400004550 DOWNTOWN CENTER LLC ORIGINAL TOWN S 20' E 60' LT 1 BLK 56 9.80 400004577 PANTHERA INVESTMENT GROUP LLC ORIGINAL TOWN W 1/3 LT 5 BLK 56 546.50 400004585 URBAN ISLAND, LLC ORIGINAL TOWN E 2/3 LT 5 BLK 56 442.48 400004593 POHL/JAMES A ORIGINAL TOWN LT 6 BLK 56 563.77 400004615 308 REAL ESTATE, LLC ORIGINAL TOWN LT 7 BLK 56 605.33 400004623 DOWNTOWN CENTER LLC ORIGINAL TOWN LT 8 BLK 56 3,741.23 400004631 CITY OF G I PARK LOT ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 1-2-3 & 4 BLK 57 - Page 38 of 320 R E S O L U T I O N 2023-BE-6 - 4 - 400004658 J & B RENTALS LLC ZILLER SUB LT 1 643.32 400004666 THE GRAND FOUNDATION, INC ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 2/3 LT 6 BLK 57 - 400004674 EBMT PROPERTIES, LLC ORIGINAL TOWN LT 7 BLK 57 2,271.88 400004682 AMUR REAL ESTATE LLC ORIGINAL TOWN LT 8 BLK 57 4,400.36 400004690 CORRAL/ANGEL ORIGINAL TOWN LTS 1 & 2 BLK 58 291.33 400004704 MAYHEW/AMY ORIGINAL TOWN N 1/2 LT 4 & N 1/2 LT 3 BLK 58 96.74 400004712 MAYHEW/AMY ORIGINAL TOWN LT 5 & W 22' LT 6 BLK 58 691.53 400004720 MAYHEW/AMY ORIGINAL TOWN S 1/2 LT 3 & S 1/2 LT 4 BLK 58 102.74 400004739 STELK/MARK D JENSEN SUB LT 1 171.18 400004747 BANDASACK/CHANH & SIPHANH ORIGINAL TOWN W 1/3 LT 7 BLK 58 229.37 400004755 LINDNER-BOMBECK TRUSTEE/MARILYN A ORIGINAL TOWN C 1/3 LT 7 BLK 58 276.39 400004763 GALVAN/VICTORIA PRENSA LATINA SUB LT 1 101.66 400004771 CALDERON/ELISEO PRENSA LATINA SUB LT 2 145.94 400004798 STELK/MARK D PRENSA LATINA SUB LT 4 351.70 400004801 STELK/MARK D & WANDA L PRENSA LATINA SUB LT 3 390.10 400004828 MEAD BUILDING CENTERS ORIGINAL TOWN N 102.5' LT 1 & ALL LT 2 BLK 59 330.74 400004844 T SQUARED PROPERTIES LLC ORIGINAL TOWN S 29.5' LT 1 BLK 59 15.90 400004852 THIRD CITY ARCHERS INC ORIGINAL TOWN S 99' LT 4 & ALL LT 3 BLK 59 - 400004879 520 3RD ST, LLC ORIGINAL TOWN LT 5 BLK 59 1,029.57 400004887 LUCERO/JOSE LUIS & AURA ORIGINAL TOWN E 23' W 46' LT 6 BLK 59 220.90 Page 39 of 320 R E S O L U T I O N 2023-BE-6 - 5 - 400004895 GERDES/LARRY C & MARY ANN ORIGINAL TOWN W 23' LT 6 BLK 59 190.33 400004909 BERTA/GARY J & BILLIE J ORIGINAL TOWN E 20' LT 6 & W 1/2 LT 7 BLK 59 94.69 400004917 T SQUARED PROPERTIES LLC ORIGINAL TOWN W 22' E 1/2 LT 7 BLK 59 211.29 400004925 T SQUARED PROPERTIES LLC ORIGINAL TOWN E 11' LT 7 & ALL LT 8 BLK 59 745.29 400004933 CKP LLC ORIGINAL TOWN LTS 1 & 2 BLK 60 658.22 400004941 CKP LLC ORIGINAL TOWN LT 3 BLK 60 142.94 400004968 BUSINESS PROPERTIES ORIGINAL TOWN LT 4 BLK 60 364.58 400004984 LB AUDIO LLC ORIGINAL TOWN LTS 5 & 6 BLK 60 729.71 400004992 JR'S REDZONE, LLC ORIGINAL TOWN LTS 7 & 8 BLK 60 1,345.74 400005018 ABJAL LLC ORIGINAL TOWN LTS 1 & 2 BLK 61 1,045.93 400005026 ABJAL LLC ORIGINAL TOWN LTS 3 & 4 BLK 61 947.75 400005034 JIA PROPERTIES, LLC ORIGINAL TOWN LT 5 BLK 61 723.54 400005042 HANSEN PROPERTIES LLC ORIGINAL TOWN LTS 6-7 & 8 BLK 61 766.37 400005050 D & A INVESTMENTS LLC ORIGINAL TOWN S 44' LT 1 BLK 62 218.29 400005069 D & A INVESTMENTS LLC ORIGINAL TOWN N 88' LT 1 BLK 62 771.60 400005077 D & A INVESTMENTS LLC ORIGINAL TOWN LT 2 BLK 62 451.53 400005085 D & A INVESTMENTS, INC ORIGINAL TOWN TO THE CITY OF GRAND ISLAND S 66' LT 4 & N 66' E 57' LT 3 & S66' LT 3 BLK 62 547.91 400005093 D & A INVESTMENTS LLC ORIGINAL TOWN N 66' W 9' LT 3 & N 66' LT4 BLK 62 189.90 400005107 MIDWEST PREMIER INVESTMENTS, LLC ORIGINAL TOWN S 1/2 W 50' LT 5 BLK 62 92.15 400005115 MIDWEST PREMIER INVESTMENTS LLC ORIGINAL TOWN N 1/2 W 50' LT 5 BLK 62 434.06 Page 40 of 320 R E S O L U T I O N 2023-BE-6 - 6 - 400005123 GRAND ISLAND APARTMENTS, LLC ORIGINAL TOWN E 16' LT 5 & W 1/2 LT 6 BLK 62 52.68 400005131 GRAND ISLAND APARTMENTS, LLC ORIGINAL TOWN E 1/2 LT 6 & W 1/2 LT 7 BLK 62 338.04 400005158 GRAND ISLAND AREA HABITAT FOR HUMANITY I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 1/2 LT 7 & ALL LT 8 BLK 62 - 400005166 HUENEFELD/DANIEL C & LINDA K CITY CENTRE CONDOMINIUMS UNIT 1 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK63) 1,165.26 400005168 GRAND ISLAND ENTREPRENEURIAL VENTURE LLC CITY CENTRE CONDOMINIUMS UNIT 2 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK63) 803.52 400005170 PARAMOUNT DEVELOPMENT, LLC CITY CENTRE CONDOMINIUMS UNIT 3 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK63) 2,025.86 400005172 PARAMOUNT DEVELOPMENT, LLC CITY CENTRE CONDOMINIUMS UNIT 4 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK63) 1,102.97 400005174 LL FORGY PROPERTIES, LLC CITY CENTRE CONDOMINIUMS UNIT 5 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK63) 959.76 400005182 MASONIC TEMPLECRAFT ASSO OF GI ORIGINAL TOWN W 1/3 LT 3 & E 1/3 LT 4 BLK 63 - 400005190 GUERRERO/ROCIO A ESPARZA ORIGINAL TOWN TO THE CITY OF GRAND ISLAND W 2/3 LT 4 BLK 63 249.01 400005204 WARDENS & VESTRYMEN OF ST ST. 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LLC GILBERT'S SUB NORTH, PART OF BLK 79, ORIGINAL TOWN 22' X 99' LT A 172.76 400135876 EQUITABLE BUILDING & LOAN ASSOC GILBERT'S SUB NORTH, PART OF BLK 79, ORIGINAL TOWN LT B 233.98 400143259 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 102 163.54 400143267 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 103 231.29 400143275 EQUITABLE BUILDING & LOAN ASSN/THE THE YANCEY, A CONDOMINIUM UNIT 104 555.50 400143283 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 201A 522.50 400143291 DEVCO INVESTMENT CORPORATION THE YANCEY, A CONDOMINIUM UNIT 301 166.32 400143305 GEORGE/MOLLIE JO THE YANCEY, A CONDOMINIUM UNIT 302 143.48 400143313 FARR/THOMAS M & NITA J THE YANCEY, A CONDOMINIUM UNIT 303 161.16 400143321 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 304 157.99 400143348 HINRICHS/DARRELL D & MARLENE M THE YANCEY, A CONDOMINIUM UNIT 305 171.34 Page 51 of 320 R E S O L U T I O N 2023-BE-6 - 17 - 400143356 HETTLE/MICHAEL THE YANCEY, A CONDOMINIUM UNIT 401 130.88 400143364 GOMEZ/SARA THE YANCEY, A CONDOMINIUM UNIT 402 152.13 400143372 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 403 147.48 400143380 GOMEZ/SARA & ANIBAL THE YANCEY, A CONDOMINIUM UNIT 404 153.81 400143399 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 405 149.50 400143402 POWERS/YOLANDA L THE YANCEY, A CONDOMINIUM UNIT 406 149.62 400143410 THE A-A-RON GROUP, LLC THE YANCEY, A CONDOMINIUM UNIT 407 220.52 400143429 LUCE/ERIC D THE YANCEY, A CONDOMINIUM UNIT 501 144.75 400143437 CASTELLANOS/HECTOR CAMILO ACOSTA THE YANCEY, A CONDOMINIUM UNIT 502 107.52 400143445 LEISURE ISLAND RENTALS, LLC THE YANCEY, A CONDOMINIUM UNIT 503 147.53 400143453 HARTER ENTERPRISES, LLC THE YANCEY, A CONDOMINIUM UNIT 504 159.58 400143461 INFINITY REAL ESTATE, LLC THE YANCEY, A CONDOMINIUM UNIT 505 144.76 400143488 HARTER ENTERPRISES, LLC THE YANCEY, A CONDOMINIUM UNIT 506 147.93 400143496 ALEXANDER/WENDY L THE YANCEY, A CONDOMINIUM UNIT 507 122.79 400143518 ROE/JIM GAYLORD & ADRIANA THE YANCEY, A CONDOMINIUM UNIT 601 100.23 400143526 ROE/JIM GAYLORD & ADRIANA THE YANCEY, A CONDOMINIUM UNIT 602 153.72 400143534 POST/KAELEIGH THE YANCEY, A CONDOMINIUM UNIT 603 147.63 400143542 JOHNSTON/ANDREW COLE THE YANCEY, A CONDOMINIUM UNIT 604 157.68 400143550 NELSON/DEAN A THE YANCEY, A CONDOMINIUM UNIT 605 147.83 Page 52 of 320 R E S O L U T I O N 2023-BE-6 - 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19 - 400143771 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 906 186.62 400143798 KLEIN/MARTIN R THE YANCEY, A CONDOMINIUM UNIT 1001 109.96 400143801 HARTER ENTERPRISES, LLC THE YANCEY, A CONDOMINIUM UNIT 1002 167.11 400143828 LEISURE ISLAND RENTALS, LLC THE YANCEY, A CONDOMINIUM UNIT 1003 166.30 400143836 WHITEHEAD/DIANA L THE YANCEY, A CONDOMINIUM UNIT 1004 133.44 400143844 YENNIFRE, LLC THE YANCEY, A CONDOMINIUM UNIT 1005 166.83 400143852 ADEN/STEVEN G THE YANCEY, A CONDOMINIUM UNIT 1006 186.70 400143860 HINRICHS/DARRELL D & MARLENE THE YANCEY, A CONDOMINIUM UNIT 1101 143.46 400143879 MUSQUIZ/LARRY J THE YANCEY, A CONDOMINIUM UNIT 1102 161.05 400143887 BUCKLEY/LYNN A THE YANCEY, A CONDOMINIUM UNIT 1103 112.39 400143895 PERFORMANCE PLUS LIQUIDS INC THE YANCEY, A CONDOMINIUM UNIT 1104 160.53 400143909 BOLEY/LOREN E THE YANCEY, A CONDOMINIUM UNIT 1105 166.95 400143917 AULNER/KRISTINE THE YANCEY, A CONDOMINIUM UNIT 1106 186.82 400144247 HOME FEDERAL SAVINGS & LOAN ASSN HANN'S FOURTH ADD LT 3 1,734.07 400287218 ARTVEST III THE YANCEY, A CONDOMINIUM UNIT 002 18.73 400287226 ARTVEST III THE YANCEY, A CONDOMINIUM UNIT 001 104.49 400287390 ELLISON/ROXANN T ORIGINAL TOWN W 18.9' OF E 33' OF S 25.1' LT 7 BLK 65 69.53 400292963 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 101 38.92 400292971 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 201B 57.63 400292998 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 201C 145.07 Page 54 of 320 R E S O L U T I O N 2023-BE-6 - 20 - 400293005 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 201D 109.48 400294982 HOME FEDERAL SAVINGS & LOAN ORIGINAL TOWN PT LTS 1-2-3-4-7 & ALL 5 &6 & PT VACATED ALLEY BLK 89 384.87 400325705 CALDERON/ELISEO JENSEN SUB LT 2 135.70 400367009 IGLESIA EVANGELICA PENTECOSTES ZILLER SUB LT 2 - 400401681 GRAND ISLAND/CITY OF WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND VACATED ST SOUTH OF LT 1 - 400467186 GRAND ISLAND LIEDERKRANZ ORIGINAL TOWN TO THE CITY OF GRAND ISLAND PT LTS 1-2-3 & 4 BLK 87 - 400475235 CITY OF GRAND ISLAND PARKING RAMP SUB TO THE CITY OF GRAND ISLAND LTS 1-2-& 3 - 400524060 CITY OF GRAND ISLAND ORIGINAL TOWN VAC WHEELER AVE BETWEEN LT 5 BLK 56 & LT 8 BLK 57 RIGHT-OF-WAY ONLY - $ 142,202.11 Adopted by the City Council of the City of Grand Island, Nebraska, on October 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 55 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 9.a. Subject: Approving Minutes of October 10, 2023 City Council Regular Meeting Staff Contact: BACKGROUND: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: 1. Minutes Page 56 of 320 City Council Meeting Minutes Regular Meeting October 10, 2023 1. CALL TO ORDER 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 October 10, 2023. Notice of the meeting was given in The Grand Island Independent on October 4, 2023. Mayor Roger G. Steele called the meeting to order at 7:00 PM. The following City Council members were present: Bethany Guzinski, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, Jason Conley and Doug Lanfear. Councilmembers Maggie Mendoza and Chuck Haase were absent. The following City Officials were present: City Administrator Laura McAloon, Deputy City Clerk Jill Granere, Assistant City Administrator/Finance Director Patrick Brown, and Public Works Director Keith Kurz. 2. INVOCATION Pastor Josh Sikes, Third City Christian Church, 4100 West 13th Street. 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. SUBMITTAL OF REQUESTS FOR FUTURE AGENDA ITEMS 6. RESERVE TIME TO SPEAK ON AGENDA ITEMS 7. PRESENTATIONS AND PROCLAMATIONS 8. CONSENT AGENDA Motion by Paulick, second by Guzinski to approve the Consent Agenda excluding items 8J and 8s. Upon roll call vote, all voted aye. Motion adopted. a. Approving Minutes of September 26, 2023 City Council Regular Meeting. Page 57 of 320 City Council Regular Meeting, October 10, 2023 2 b. Approving Payment of Claims for the Period of September 27, 2023 through October 10, 2023 for a total amount of $5,769,507.00. c. Approving Request from Henry J's, LLC dba Henry J's, 118 W 2nd Street, Suite 4A for an Addition to their Class"C-124946" Liquor License. d. Approving Appointment of Vaughn Minton to the Community Redevelopment Authority Board. e. Approving Appointment of Tom Barnes to the Regional Planning Commission. f. Approving Appointment of Tom Barnes to the Interjurisdictional Planning Commission. g. #2023-252 - Approving Fire Station #3 Architectural Design Services with Scheemer Associates Inc. of Omaha, Nebraska in an amount of $319,825.00. h. #2023-253 - Approving Fire Department Purchase of Personal Protective Equipment with Delta Fire & Safety of Port Noches, Texas in an amount of $226,397.25. i. #2023-254 - Approving Certificate of Final Completion for the 2023 Asphalt Resurfacing Project No. 2023-AC-1 with Gary Smith Construction Co. Inc. in an amount of $766,268.91. j. #2023-255 - Approving Award of Professional Engineering Consulting Services for Sanitary Sewer Manhole Rehabilitation Project No. 2023-S-10 with Olsson, Inc. of Grand Island, Nebraska in an amount of $68,100.00. Public Works Director reported the wear on the manholes, repairs needed and plans on how they will start working on them. Motion by Nickerson, second by Lanfear to approve 8J. Upon roll call vote, all voted aye. Motion adopted. k. #2023-256 - Approving Award of Professional Engineering Consulting Services for South Locust Street; Highway 34 to the Wood River Diversion Channel Bridge; Project No. 2023-P-9 with Olsson, Inc. of Grand Island, Nebraska in an amount of $149,200.00. l. #2023-257 - Approving Award of Professional Engineering Consulting Services for Independence Avenue; Capital Avenue to Manchester Road; Project No. 2023-P-10 with JEO Consulting Group, Inc. of Grand Island, Nebraska in an amount of $192,995.00. m. #2023-258 - Approving Award of Snow Removal Operations- Downtown Parking Lots with AMP Works, LLC of Grand Island, Nebraska in various amounts per occurrence. n. #2023-259 - Approving Bid Award - Tree Removal Contract 2024-TR-1 with Leetch Tree Service, LLC of Grand Island, Nebraska in various amounts per location. o. #2023-260 - Approving Bid Award - Tree Trimming Contract 2024-TT-1 with Leetch Tree Service, LLC of Grand Island, Nebraska in an amount of $198,125.00. p. #2023-261 - Approving Bid Award for Electrical Underground Conduit Installation - Electrical Project 2024-UG-1 with D & A Trenching of Alda, Nebraska in various amounts. q. #2023-262 - Approving Revised Pole Attachment Agreement with Allo. r. #2023-263 - Approving Purchase of 2024 Truck for the Electric Underground Division with Terex Utilities, Inc. of Watertown, South Dakota in an amount of $350,327.00. s. #2023-264 - Approving Amendment to CDBG Contract #2019-3 with Grand Island Area Habitat for Humanity. Page 58 of 320 City Council Regular Meeting, October 10, 2023 3 Community Development Administrator Amber Alvidrez reported the amendment was due to starting the project before COVID and funds still available. Executive Director of Habitat for Humanity Alyssa Heagy discussed the process, applications and timeframe for work to be completed. Motion by Nickerson, second by Lanfear to approve 8s. Upon roll call vote, all voted aye. Motion adopted. t. #2023-265 - Approving Seven (7) New Police Department Fleet Vehicles, an in amount of $307,027.95. 9. PUBLIC HEARINGS 10. REQUEST AND REFERRALS 11. RESOLUTIONS a.#2023-266 - Consideration of Approving FY 2023-2024 Annual Budget for 4th Street Business Improvement District and Setting Date for Board of Equalization. Assistant Finance Director Brian Schultz reported that the City had adopted Ordinance #9941 creating the 4th Street Business Improvement District. On September 27, 2023, the 4th Street BID Board met and approved the 2023-2024 budget for a total special assessment of $40,000. It was recommended that the Board of Equalization on the proposed assessments be set for November 7, 2023. President of the 4th Street BID Joe Bandasack discussed the excitement people have and ones that were against it have started to see the benefits they could see. Staff recommended approval. Motion by Guzinski, second by Fitzke to approve Resolution #2023-266. Upon roll call vote, all voted aye. Motion adopted. 12. ORDINANCES ADJOURN The meeting was adjourned at 7:40 p.m. Jill Granere Deputy City Clerk Page 59 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 9.b. Subject: Approving Minutes of the October 17, 2023 City Council Study Session Staff Contact: Jill Granere BACKGROUND: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: 1. Minutes Page 60 of 320 City Council Meeting Minutes Council Chambers City Hall 100 East First Street Study Session of October 17, 2023 6:00 PM 1. CALL TO ORDER 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 October 17, 2023. Notice of the meeting was given in The Grand Island Independent on October 11, 2023. Mayor Roger G. Steele called the meeting to order at 6:00 PM. The following City Council members were present: Mitchell Nickerson and Doug Lanfear. Due to no quorum, the meeting was adjourned at 6:01. Mayor Roger G. Steele called the meeting to order at 7:00 PM. The following City Council members were present: Maggie Mendoza, Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Mitchell Nickerson, Doug Lanfear, and Jason Conley. Councilmembers Michelle Fitzke, Mark Stelk and Jason Conley were absent. Councilmember Mike Paulick left the meeting at 7:46. The following City Officials were present: City Administrator Laura McAloon, Deputy City Clerk Jill Granere, Assistant City Administrator/Finance Director Patrick Brown, Assistant City Attorney Stacy Nonhof and Public Works Director Keith Kurz. 2. ITEMS FOR DISCUSSION a. Stolley Park Presentation Due to a late start, this presentation was continued to a later date. b. Planning Related Topics – Plans and Redevelopment Community Development Director Chad Nabity reported the Planning Department was responsible for producing and managing a number of planning documents that impact the growth and development of the City. Nabity mentioned these were done every 10 to 20 years, some every 5 years, and some every 2 years. He mentioned citizens, developers and others use these documents in choosing where to live, where to build and what to build. Keith Marvin with Marvin Planning Consultants reported the Comp Plan was used as the basis for land use decisions including the zoning map, zoning regulations and subdivision regulations. It could be used as an aid to capital improvement programming and making public investments Page 61 of 320 Page 2 of 2, City Council Study Session, October 17, 2023 in the growth of the city. Presented was the Affordable Housing Action Plan, a part of the Comp Plan along with the Missing Middle Housing Report. Mr. Marvin updated the Council on the community wide housing study that was conducted every 5 years to insure the ability to have a change to qualify for federal housing funds. An update of the 2019 Housing Study along with a schedule for the 2024 Housing Study. Community Development Director Chad Nabity stated staff prepares two different TIF reports annually as required by state law. The first was sent to the Nebraska Department of Revenue on or before December 1st and it includes a basic description of every TIF project with new projects highlighted. The second was required by statute and due on or before May 1st of each year. This was more of an extensive report that includes specific information about all TIF projects, the percentage of the community that had been declared blighted and substandard, and which projects ended the previous year. They also identified projects that will likely be paid off in the next five years and estimated the amount of additional funding that would be provided to the taxing entities as the tax increment financing ends. Nabity explained two relatively new concepts within the Community Redevelopment Act. Scott Rief and Luke Simpson spoke in favor of the Expedited TIF Process (Mircor TIF). 3. ADJOURN The meeting was adjourned at 9:06 p.m. Jill Granere Deputy City Clerk Page 62 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 9.c. Subject: Approving Payment of Claims for the Period of October 11, 2023 through October 24, 2023 for a total amount of $6,354,408.37. Staff Contact: Patrick (Pat) Brown BACKGROUND: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: None Page 63 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 9.d. Subject: Approving Appointment of Chris Meister to the Zoning Board of Adjustment Staff Contact: Roger Steele BACKGROUND: Mayor Steele has submitted the appointment of Chris Meister to the Zoning Board of Adjustment to replace Robin Hendricksen. This appointment would become effective immediately upon approval by the City Council and would expire on August 31, 2024. DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: None Page 64 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 9.e. Subject: #2023-267 - Approving City Council Meeting Schedule for 2024 Staff Contact: Jill Granere BACKGROUND: Grand Island City Code Chapter 2 specifies that Regular Meetings of the City Council shall be held in the Council Chambers of City Hall on the second and fourth Tuesdays of each month beginning at 7:00 p.m. City Council approved Ordinance No. 9009 on September 27, 2005 amending Chapter 2 of the Grand Island City Code allowing Study Sessions to be held at the discretion of the City Council. DISCUSSION: The City Clerk has prepared the proposed 2024 meeting schedule. This provides for the first City Council meeting to be a Regular Meeting on Tuesday, January 9, 2024. Due to the holidays in May, November and December it is suggested the regular meetings be held on the first and third Tuesdays. See attached proposed meeting dates. FISCAL IMPACT: There is no fiscal impact. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the 2024 meeting schedule as presented 2. Refer the issue to a Committee 3. Modify the 2024 meeting schedule to meet the wishes of the Council RECOMMENDATION: City Administration recommends that the Council approve the proposed 2024 City Council meeting schedule. SAMPLE MOTION: Move to approve as recommended. Page 65 of 320 ATTACHMENTS: 1. Schedule 2. Resolution Page 66 of 320 PROPOSED 2024 CITY COUNCIL MEETING DATES Tuesday, January 9, 2024 Tuesday, July 9, 2024 Tuesday, January 23, 2024 Tuesday, July 23, 2024 Tuesday, February 13, 2024 Tuesday, August 13, 2024 Tuesday, February 27, 2024 Tuesday, August 27, 2024 Tuesday, March 12, 2024 Tuesday, September 10, 2024 Tuesday, March 26, 2024 Tuesday, September 24, 2024 Tuesday, April 9, 2024 Tuesday, October 8, 2024 Tuesday, April 23, 2024 Tuesday, October 22, 2024 Tuesday, May 7, 2024 Tuesday, November 5 2024 Tuesday, May 21, 2024 Tuesday, November 19, 2024 Tuesday, June 11, 2024 Tuesday, December 3, 2024 Tuesday, June 25, 2024 Tuesday, December 17, 2024 Page 67 of 320 R E S O L U T I O N 2023-267 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA that the City Council of the City of Grand Island, Nebraska will meet in the Council Chambers, 100 East First Street at 7:00 p.m. on the below-mentioned dates: 2024 City Council Meetings: Tuesday, January 9, 2024 Tuesday, July 9, 2024 Tuesday, January 23, 2024 Tuesday, July 23, 2024 Tuesday, February 13, 2024 Tuesday, August 13, 2024 Tuesday, February 27, 2024 Tuesday, August 27, 2024 Tuesday, March 12, 2024 Tuesday, September 10, 2024 Tuesday, March 26, 2024 Tuesday, September 24, 2024 Tuesday, April 9, 2024 Tuesday, October 8, 2024 Tuesday, April 23, 2024 Tuesday, October 22, 2024 Tuesday, May 7, 2024 Tuesday, November 5 2024 Tuesday, May 21, 2024 Tuesday, November 19, 2024 Tuesday, June 11, 2024 Tuesday, December 3, 2024 Tuesday, June 25, 2024 Tuesday, December 17, 2024 - - - Adopted by the City Council of the City of Grand Island, Nebraska on October 24, 2023. ____________________________________ _ Roger G. Steele, Mayor Attest: _______________________________ Jill Granere, Deputy City Clerk Page 68 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 9.f. Subject: #2023-268 - Approving Purchase of One (1) 2023 Model 36,000 Pound Four Wheel Drive Front End Loader for the Solid Waste Division of the Public Works Department Staff Contact: Keith Kurz, Jeff Wattier BACKGROUND: The Solid Waste Division budgeted for one (1) 2023 Model 36,000 pound four wheel driver front end loader in the 2023/2024 FY to replace a 2020 Caterpillar 938M wheel loader with approximately 4,300 hours. This loader is a front- line piece of equipment that is utilized on a daily basis for loading transfer trailers hauling solid waste from the transfer station to the landfill for disposal. DISCUSSION: The City of Grand Island City Council approved the use of the National Joint Powers Alliance Buying Group (NJPA) with Resolution 2014-326, which is now known as Sourcewell. To meet competitive bidding requirements, the Solid Waste Division obtained pricing from the Sourcewell Contract No. 032119 CAT awarded to NMC/ Nebraska Machinery Company of Doniphan, Nebraska. Public Works staff is recommending the purchase of one (1) 2023 Caterpillar 36,000 pound four wheel drive front end loader from NMC/ Nebraska Machinery Company in the amount of $330,818.00, accounting for a $121,000.00 trade-in of the current piece of equipment, the final purchase price is $209,818.00. NMC/ Nebraska Machinery Company does guarantee a purchase back (trade-in) amount for the new piece of equipment, as detailed below. 1 year or 1,000 hours= $185,000.00 2 years or 2,000 hours= $160,000.00 3 years or 3,000 hours= $140,000.00 Page 69 of 320 4 years or 4,750 hours= $121,000.00 Following is a picture of the 2020 Caterpillar 938M wheel loader with approximately 4,300 operating hours that is to be traded. FISCAL IMPACT: Funds are available in the FY23/24 approved 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 presented in this motion. RECOMMENDATION: SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution Page 70 of 320 R E S O L U T I O N 2023-268 WHEREAS, the National Joint Powers Alliance Buying Group, now known as Sourcewell, was utilized to secure competitive bids for one (1) 2023 Model 36,000 pound four wheel drive front end loader by the Solid Waste Division of the Public Works Department; and WHEREAS, the Sourcwell Contract No. 032119 CAT was awarded to NMC/ Nebraska Machinery Company of Doniphan, Nebraska; and WHEREAS, the Public Works Department has recommended the purchase of one (1) 2023 Model 36,000 pound four wheel drive front end loader from NMC/ Nebraska Machinery Company of Doniphan, Nebraska in the amount of $330,818.00, minus $121,000.00 trade-in of the current piece of equipment, resulting in the final purchase price of $209,818.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of one (1) 2023 Caterpillar 938M four wheel drive front end loader from NMC/ Nebraska Machinery Company of Doniphan, Nebraska is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 71 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 9.g. Subject: #2023-269 - Approving Purchase of 2025 LT625 6x4 Conventional Truck- Tractor for the Solid Waste Division of the Public Works Department Staff Contact: Keith Kurz, Jeff Wattier BACKGROUND: The Solid Waste Division budgeted for one (1) 2025 LT625 6x4 Conventional Truck-Tractor in the 2023/2024 FY. This piece of equipment is utilized on a daily basis for hauling solid waste from the transfer station to the landfill for disposal. There will not be disposal of any of the existing truck-tractors at this time, as parts are difficult to get when repairs are needed and the Solid Waste Division cannot be down a hauling unit. DISCUSSION: The City of Grand Island City Council approved the use of the National Joint Powers Alliance Buying Group (NJPA) with Resolution 2014-326, which is now known as Sourcewell. To meet competitive bidding requirements, the Solid Waste Division obtained pricing from the Sourcewell Contract No. 060920-NVS awarded to Hansen International Truck, Inc. of Grand Island, Nebraska. Public Works staff is recommending the purchase of one (1) 2025 LT625 6x4 Conventional Truck-Tractor from Hansen International, Inc. of Grand Island, Nebraska in the amount of $144,782.60. Page 72 of 320 FISCAL IMPACT: Funds are available in the FY 23/24 approved 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 presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve the purchase of one (1) 2025 LT625 6x4 Conventional Truck-Tractor for the Solid Waste Division in the amount of $144,782.60 from Hansen International, Inc. of Grand Island, Nebraska. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution Page 73 of 320 R E S O L U T I O N 2023-269 WHEREAS, the National Joint Powers Alliance Buying Group, now known as Sourcewell, was utilized to secure competitive bids for one (1) 2025 LT625 6x4 Conventional Truck-Tractor by the Solid Waste Division of the Public Works Department; and WHEREAS, the Sourcwell Contract No. 060920-NVS was awarded to Hansen International, Inc. of Grand Island, Nebraska; and WHEREAS, the Public Works Department has recommended the purchase of one (1) 2025 LT625 6x4 Conventional Truck-Tractor from Hansen International, Inc. of Grand Island, Nebraska in the amount of $144,782.60. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of one (1) 2025 LT625 6x4 Conventional Truck-Tractor from Hansen International, Inc., in the amount of $144,782.60, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 74 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 9.h. Subject: #2023-270 - Approving Bid Award of One (1) 2024 Solid Waste Transfer Trailer for the Solid Waste Division of the Public Works Department Staff Contact: Keith Kurz, Jeff Wattier BACKGROUND: On September 23, 2023 the Solid Waste Division of the Public Works Department advertised for a 2024 Model Solid Waste Transfer Trailer. There were ten (10) potential bidders for such piece of equipment. Funds for the transfer trailer are in the approved 2023/ 2024 budget. DISCUSSION: Two (2) bids were received and opened on October 10, 2023. The Solid Waste Division of the Public Works Department and the Purchasing Division reviewed the bids that were submitted. The transfer trailer bid by Wilkens Industries, Inc. of Morris, Minnesota meets all of the specifications, while the bid from Northern Truck of Sioux Falls, South Dakota had ten (10) exceptions and did not meet the specifications. This transfer trailer is a front-line piece of equipment that is utilized on a daily basis for hauling solid waste form the Transfer Station to the Landfill for disposal. Bidder Bid Price Wilkens Industries of Morris, MN $120,757.00 Northern Truck of Sioux Falls, SD $101,240.00 Page 75 of 320 A picture of the Wilkens model transfer trailer is shown below. FISCAL IMPACT: Funds are available in the FY 23/24 approved 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 presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve the purchase of the solid waste transfer trailer from Wilkens Industries of Morris, Minnesota in the amount of $120,757.00. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Bid Summary 2. Resolution Page 76 of 320 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: October 10, 2023 at 2:00 p.m. FOR: One (1) 2024 Solid Waste Transfer Trailer DEPARTMENT: Public Works ESTIMATE: $125,000.00 FUND/ACCOUNT: 50530040 PUBLICATION DATE: September 23, 2023 NO. POTENTIAL BIDDERS: 10 SUMMARY Bidder: Wilkens Industries, Inc. Northern Truck Equipment Corp. Morris, MN Sioux Falls, SD Bid Security: Cashiers Check Old Republican Surety Company Exceptions: None Noted Base Price: $120,757.00 $101,240.00 Extended Warranty: $ 0 $ 0 Total Bid: $120,757.00 $101,240.00 Delivery Date: 11-12 Months Estimated Date of July 15-August 1, 2024 cc: Keith Kurz, Interim Public Works Director Catrina DeLosh, PW Admin. Coordinator Laura McAloon, City Administrator Patrick Brown, Asst. City Administrator Stacy Nonhof, Purchasing Agent Jeff Wattier, Solid Waste Superintendent P2466 Page 77 of 320 R E S O L U T I O N 2023-270 WHEREAS, the City of Grand Island invited sealed bids for one (1) 2024 Model Solid Waste Transfer Trailer for the Solid Waste Division of the Public Works Department, according to specifications on file with the Public Works Department; and WHEREAS, on October 10, 2023 bids were received, opened and reviewed; and WHEREAS, Wilkens Industries of Morris, Minnesota submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, such bid being in the net amount of $120,757.00; and WHEREAS, Wilkens Industries bid is fair and reasonable for such item. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Wilkens Industries of Morris, Minnesota in the net amount of $120,757.00 for one (1) 2024 Model Solid Waste Transfer Trailer is hereby approved as the lowest responsive and responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 78 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 9.i. Subject: #2023-271 - Approving Award of Professional Engineering Consulting Services for Wastewater Treatment Plant UV Disinfection Upgrade; Project No. 2023- WWTP-1 Staff Contact: Keith Kurz BACKGROUND: A Request for Qualifications (RFQ) for engineering consulting services for Wastewater Treatment Plant UV Disinfection Upgrade; Project No. 2023- WWTP-1 was advertised in the Grand Island Independent on July 28, 2023. The RFQ was also sent to sixteen (16) potential firms by the Engineering Division of the Public Works Department. The current UV Disinfection System at the Grand Island Wastewater Treatment Plant is nearing the end of its useful life. Installed in 2005 by Trojan UV, the system has aged to the point where replacement parts such as lamps, bulbs, sleeves, etc. have become increasingly difficult to obtain. The Wastewater engineering and operations staff wish to consult with an engineering partner to analyze the existing system and design a superior, modern replacement. The new system would employ contemporary hardware, features that ease maintenance, and parts that will be readily available for the foreseeable future. Ideally, this replacement system would reuse the existing building and channel structure without need for modification, though this may not be feasible. DISCUSSION: Two (2) submittals were opened on August 17, 2023, reviewed and scored. Using the evaluation criteria set out in the Request for Qualifications the submittal from Olsson, Inc. of Grand Island, Nebraska was scored as the highest ranking firm. Negotiations with the selected firm resulted in an agreed upon amount of $78,400.00 for such services. Page 79 of 320 FISCAL IMPACT: Funds are available in the FY23/24 approved 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 presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve the award of Professional Engineering Consulting Services for Wastewater Treatment Plant UV Disinfection Upgrade; Project No. 2023-WWTP-1 to Olsson, Inc. of Grand Island, Nebraska for an amount not to exceed $78,400.00. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Bid Summary 2. Resolution Page 80 of 320 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR QUALIFICATIONS FOR 2024 CAPITAL IMPROVEMENT PROJECTS; SELECTED LOCATIONS RFP DUE DATE: August 17, 2023 at 4:00 p.m. DEPARTMENT: Public Works PUBLICATION DATE: NO. POTENTIAL BIDDERS: 16 PROPOSALS RECEIVED HDR JEO Consulting Group Inc. Omaha, NE Grand Island, NE Alfred Benesch & Company Olsson Grand Island, NE Grand Island, NE cc: Keith Kurz, Interim Public Works Director Catrina DeLosh, PW Admin. Coordinator Laura McAloon, City Administrator Patrick Brown, Asst. City Administrator Stacy Nonhof, Purchasing Agent P2450 Page 81 of 320 R E S O L U T I O N 2023-271 WHEREAS, the City Of Grand Island invited submittals for professional engineering consulting services for Wastewater Treatment Plant UV Disinfection Upgrade; Project No. 2023-WWTP-1, according to the Request For Qualifications (RFQ) on file with the Engineering Division of the Public Works Department; and WHEREAS, on August 17, 2023 submittals were received, reviewed, and evaluated in accordance with established criteria in the RFQ; and WHEREAS, Olsson, Inc. of Grand Island, Nebraska submitted qualifications in accordance with the terms of the Request for Qualifications and all statutory requirements contained therein and the City Procurement Code with the work performed at an amount not to exceed $78,400.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the submittal from Olsson, Inc. of Grand Island, Nebraska for professional engineering consulting services for Wastewater Treatment Plant UV Disinfection Upgrade; Project No. 2023-WWTP-1 is hereby approved. 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, October 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 82 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 9.j. Subject: #2023-272 - Approving Skid Steer Buy-Back for Streets Division Staff Contact: Keith Kurz, Shannon Callahan BACKGROUND: The Streets Division currently owns two (2) compact track loaders (skid steers). One compact track loader is a front line machine for the Streets Division’s concrete repair crew that is primarily used for concrete removal (sawing, hammering, and excavating). The other compact track loader is used mainly for asphalt roadway patching by clearing and loading millings from sections of roadway in preparation for new hot-mix asphalt. In November of 2014, the City Council approved the purchase of two new skid steers and future participation in a buyback program with Central Nebraska Bobcat of Grand Island, NE. The Buyback program gives the City an opportunity to own a new machine, at minimal cost, each year lowering the risk of down time for a key piece of equipment and reducing equipment maintenance costs. *Example ofSkid Steer/Compact Track Loader Page 83 of 320 DISCUSSION: Net cost breakdown for the T76 T4 Bobcat Compact Track Loader skid steers is shown in the table below. New Machine Cost (each) $80,692.74 Trade Value (each) $67,733.86 Net Purchase Price (each) $12,958.88 Net Purchase Price for Both Units $25,917.76 New machine pricing is consistent with the Nebraska State Contract 15336 OC awarded to Clark Equipment Co dba Bobcat Company; with Central Nebraska Bobcat of Grand Island, NE assigned as our authorized dealer. Public Works staff is recommending participation in the buyback program and the purchase of two (2) T76 T4 compact track loaders for a net purchase price of $25,917.76 from Central Nebraska Bobcat of Grand Island, NE. FISCAL IMPACT: Funds are available in the FY 23/24 approved 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 presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve the participation in the buyback program and the purchase of two (2) T76 T4 compact track loaders for a net purchase price of $25,917.76 from Central Nebraska Bobcat of Grand Island, NE. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution Page 84 of 320 R E S O L U T I O N 2023-272 WHEREAS, the City of Grand Island City Council approved participation in a buyback program with Central Nebraska Bobcat of Grand Island, NE in November of 2014; and WHEREAS, Nebraska State Contract No. 15336 OC was awarded to Clark Equipment Co dba Bobcat Company and authorized Central Nebraska Bobcat of Grand Island, NE to offer said contract pricing to the City of Grand Island, Nebraska; and WHEREAS, Central Nebraska Bobcat quoted a price for purchasing one new a T76 T4 compact track loader for $80,692.74 with a trade-in value of $67,733.90 for a net purchase price of $12,958.84; and WHEREAS, the Streets Division of Public Works will be purchasing two (2) T76 T4 compact track loaders for an overall net price of $25,917.68. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of a two (2) T76 T4 compact track loaders for a net purchase price of $25,917.68 from Central Nebraska Bobcat of Grand Island, NE is approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 85 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 9.k. Subject: #2023-273 - Appointment of City's Representative of the Nebraska Municipal Power Pool Staff Contact: Ryan Schmitz BACKGROUND: Grand Island has been a member of the Nebraska Municipal Power Pool (NMPP) since it was formed in 1975. The primary goal of the organization is to develop means by which the state’s municipal electric utilities could cooperate in developing electric power supply. That organization has since grown to include nearly 200 municipal electric utilities not only in Nebraska, but also from Colorado, Kansas, North Dakota, Wyoming, and Iowa, and has also expanded its scope of services to include wholesale power supply, transmissions services, power marketing, natural gas supply, load aggregation and bulk purchasing, computer programming services and other services specifically designed to serve municipal utilities. NMPP is also the parent company of the Municipal Energy Agency of Nebraska (MEAN), which is one of our partners in the Public Power Generating Agency (PPGA), the interlocal agency created for the Whelan Energy Center Unit 2 power plant in Hastings. Grand Island was a charter member of NMPP and has had a representative on the Board of Directors since the organization’s creation. DISCUSSION: With his appointment as Utilities Director, it is recommended that Ryan Schmitz be designated as the representative to the Nebraska Municipal Power Pool. It is also recommended that Assistant Utilities Director Lynn Mayhew continue to be the alternate representative. NMPP bylaws require the appointment of representatives to be done by the represented city’s governing board, therefore, these recommended appointments are submitted to the City Council for their consideration. FISCAL IMPACT: There is no fiscal impact. Page 86 of 320 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 presented in this motion. RECOMMENDATION: City Administration recommends that the Council appoint Ryan Schmitz as the representative, and Lynn Mayhew as the alternate representative, for the City of Grand Island at the Nebraska Municipal Power Pool. SAMPLE MOTION: Move to approve appointment of Ryan Schmitz as the representative, and Lynn Mayhew as the alternate representative, for the City of Grand Island at the Nebraska Municipal Power Pool. ATTACHMENTS: 1. Resolution Page 87 of 320 R E S O L U T I O N 2023-273 WHEREAS, the City of Grand Island has had a representative on the Nebraska Municipal Power Pool’s (NMPP) Board of Directors since its creation in 1975; and WHEREAS, Travis Burdett, the City’s current representative, has resigned and will no longer be able to fulfill this role; and WHEREAS, it is recommended that Utilities Director Ryan Schmitz be designated as the replacement representative and that Assistant Utilities Director Lynn Mayhew continue to be the alternate representative. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Ryan Schmitz be designated as the replacement NMPP representative and Lynn Mayhew be designated as the alternate representative. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 24, 2023. ____________________________________ Roger G. Steele, Mayor Attest: _______________________________ Jill Granere, Deputy City Clerk Page 88 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 9.l. Subject: #2023-274 - Appointment of City's Representative of the Public Power Generation Agency Staff Contact: Ryan Schmitz BACKGROUND: The Public Power Generation Agency (PPGA) Board of Directors is the governing body created as an Inter-local Agreement between the City of Grand Island, Hastings Utilities, Nebraska City Utilities, Municipal Energy Agency of Nebraska, and Heartland Consumers Power District for the Whelan Energy Center Unit 2 project that recently was completed in Hastings, Nebraska. As part of the governing body, Grand Island must appoint a Board Representative to the Board of Directors of the Public Power Generating Agency. To provide greater flexibility in appointing alternates based on relative areas of expertise and reduce the possibility of unintended quorum issues, the PPGA Bylaws were amended to change the Alternate Board Representative from one of a standing position appointed by each governing body, to that of a temporary position for a specific board meeting. This Alternate Board Representative would be designated by either the Board Representative or Authorized Individuals approved by the governing body. DISCUSSION: With his appointment as Utilities Director, it is recommended that Ryan Schmitz be appointed as the Director and as an Authorized Individual to designate an Alternate Director as required in the event Mr. Schmitz is not available. The attached form is the document that needs to be delivered to the PPGA Secretary/Treasurer authorizing the Board Representative and Authorized Individual(s) by the Grand Island City Council. FISCAL IMPACT: There is no fiscal impact. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Page 89 of 320 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 presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve the Mayor to execute the Director Appointment Form for Public Power Generation Agency designating Utilities Director Ryan Schmitz as the Director and as an Authorized Individual to appoint an Alternate Director in accordance to the terms and provisions of Section 3.02 of the PPGA Bylaws. SAMPLE MOTION: Move to approve the Mayor to execute the Director Appointment Form for the Public Power Generation Agency designating Utilities Director Ryan Schmitz as the Director and as an Authorized Individual to appoint an Alternate Director in accordance to the terms and provisions of Section 3.02 of the PPGA Bylaws. ATTACHMENTS: 1. Form 2. Resolution Page 90 of 320 DIRECTOR APPOINTMENT FORM FOR PUBLIC POWER GENERATION AGENCY I hereby certify, as an authorized representative of the City of Grand Island, Nebraska, a Member of Public Power Generation Agency (“PPGA”), that the Member adopted the following resolutions at a meeting of the governing body of said Member, and that such resolutions constitute the binding action of the Member: BE IT RESOLVED that pursuant to Section 3.02 of the PPGA Bylaws, the Member hereby designates the following individual as its Director: Name Title Signature Ryan Schmitz__ Utilities Director_ BE IT FURTHER RESOLVED that the Director is authorized by the Member to appoint an Alternate Director to PPGA on behalf of the Member according to the terms and provisions of Section 3.02 of the PPGA Bylaws (each, an Authorized Individual”): BE IT FURTHER RESOLVED that the powers and authority granted by these resolutions shall continue in full force and effect until written notice is given to the Secretary Treasurer of PPGA of the cancellation or modification thereof. Pursuant to the Bylaws of PPGA, these resolutions shall be effective upon delivery of this form to the Secretary Treasurer of PPGA. I further certify that the foregoing is a full and correct copy of the resolutions as they appear on the books of the Member, and said resolutions have not been rescinded, modified or amended, and are now in full force and effect. Dated: ___ of _________________, _________. Day Month Year Signed: ________________________________ Name: Roger G. Steele, Mayor ___ Authorized Representative Page 91 of 320 R E S O L U T I O N 2023-274 WHEREAS, the City of Grand Island is a party to the Interlocal Agreement creating the Public Power Generation Agency (PPGA) and, pursuant to the terms of said Agreement, it is the responsibility of the governing body of the City to designate a representative to the PPGA Board of Directors provided for under the terms of said agreement; and WHEREAS, Travis Burdett, the City’s current representative, has submitted his resignation and will no longer be able to fulfill this role; and WHEREAS, it is recommended that Utilities Director Ryan Schmitz be appointed as the Director and as an Authorized Individual to designate an Alternate Director as required. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Ryan Schmitz be appointed as the City’s PPGA Director and Authorized Individual to designate an Alternate Director as required. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute the appointment form with PPGA, and to take all other actions necessary to effect the purpose of this resolution. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 24, 2023. ____________________________________ Roger G. Steele, Mayor Attest: _______________________________ Jill Granere, Deputy City Clerk Page 92 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 9.m. Subject: #2023-275 - Approving Emergency Procurement of Generator Wedges Staff Contact: Ryan Schmitz, Stacy Nonhof BACKGROUND: The Platte Generating Station is the primary electric generating plant for the City of Grand Island and provides over 90% of the City’s electrical demands, with the rest coming from the Burdick Station or purchased from other utilities.The reliability of Platte is critical for providing the lowest cost power to the City of Grand Island. To maintain reliable unit operation, a major inspection of the plant’s turbine- generator is performed on a recommended maintenance cycle. The inspection is performed in the fall of the year, which allows the purchase of less-costly replacement power than during peak load periods of the summer or winter. This inspection involves completely dismantling the turbine-generator and evaluating the condition of every component. Components that are judged not suitable for supporting another cycle of operation are repaired or replaced. Based on experience and previous inspections, most items needing major repair or replacement are anticipated and provisions for corrective action are made in advance of the plant outage. This allows specifications to be issued for bid and procurements made in a timely manner. In some cases, however, the major overhaul inspections find unforeseen problems and arrangements must be made to support the outage schedule. With disassembly and inspection of the generator, extensive loose stator wedging was found. The wedges are made of a non-conductive material and mechanically secure the windings of the generator stator. If the windings are not held firm, the resulting vibration will eventually wear away the winding laminations and cause an electrical failure of the generator. It is not unusual to find some loose wedges during inspection. These can usually be tightened in place by maintenance staff. This year, though, inspectors determined the condition of the wedges to be such that it could not be tightened further. Continued operation with the loose condition could affect unit reliability and could result in major repairs if insulation failure were to occur. The cost of extending the outage is estimated to be over $50,000 per day for Page 93 of 320 replacement power and contractor costs. To avoid affecting the outage schedule, it was necessary to initiate repair as soon as possible after the problem was found. Discussions with Department management and the City legal staff recommended the project to replace the loose stator wedging of the generator be handled as an emergency procurement. Plant staff immediately solicited written bids from contractors specializing in utility generator repair. DISCUSSION: The following bids were received by generator repair contractors (copies attached). Bidder Rewedge Scope Additional Scop e Total MD&A Repairs Division St. Louis, MO $ 165,105.00 $ 79,578.00 $ 244,683.00 AGTServices Amsterdam, NY $ 269,000.00 $ 6,200.00 $ 275,275.00 Reliable Turbine Services Sullivan, MO $ 248,00.00 No Bid $ 248,000.00 All bidders could comply with the required schedule constraints. MD&A Repairs Division provided the low bid in the amount of $244,683.00. FISCAL IMPACT: The low bid was in the amount of $244,683.00. Page 94 of 320 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 presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve implementation of the City’s Emergency Procurement Procedures and authorize MD&A Repairs Division of St. Louis, MO to perform the repairs in the amount of $244,683.00. SAMPLE MOTION: Motion to approve the use of the City’s Emergency Procurement Procedures and authorize MD&A Repairs Division to perform the repairs. ATTACHMENTS: 1. Bid #1 2. Bid #2 3. Bid #3 4. Resolution Page 95 of 320 Quotation No: 366R1-2023 Page 1 of 6 24 Sam Stratton Road Amsterdam, NY 12010 (518) 843-1112 phone (518) 843-8389 fax www.agtservices.com QUOTATION DATE: October 5, 2023 QUOTATION NO: 366R1-2023 Client: Mr. Tylor Robinson, Plant Superintendent E-mail: trobinson@giud.com Grand Island Utilities Department – Platte Generating Station Phone: 308-385-5468 Cell: Outage Dates: 9/21/23 thru 11/4/23; On-Site – approx. 10/5/23 Fax: ITEM # ITEM DESCRIPTION TOTAL (US $$) 1A Full Stator Rewdge – Labor – 2- 10’s Firm price offer to provide all necessary supervision, labor, tooling, and equipment, to perform a 100% stator rewedge, as follows: ▪ Electrical testing performed as part of Test & Inspection. ▪ Initial EL CID Test performed as part of Test & Inspection. ▪ Remove core end baffles. ▪ Remove all wedges. ▪ Procure replacement materials. ▪ Inspect core iron, bar armor insulation, slots, air ducts, etc. ▪ Hand clean core and end winding. ▪ Perform second EL CID test (ensures no damage was done during un- wedging). ▪ Install replacement body wedges. ▪ Install replacement locking end wedges – prevents migration of wedges due to stator vibration. ▪ Perform final EL CID test (ensures no damage was done to core iron during wedging). ▪ Install core end baffles. Refer to Line Item #3 for details of supply of new. ▪ Prep/paint core and end windings. ▪ Perform final electrical testing. ▪ Perform final inspection. Anticipated Duration: ~10-11 days, working 2-10 hour shifts per day, uti- lizing 1 Generator Specialist, 2 Lead Winders, and 4 Winders. $ 188,000. RFQ # Grand Island Utilities Department, Platte Generating Station - GE Model 314 Generator (316X282) - Major Out- age Stator Rewedge Recommendation R1 – Added In Additional Recommen- dations Page 96 of 320 Quotation No: 366R1-2023 Page 2 of 6 ITEM # ITEM DESCRIPTION TOTAL (US $$) 1B Full Stator Rewdge – Labor – 1- 10 - OPTIONAL Same as Line Item #1A, except the rewedge to be worked on a 1-10 hour shift per day, 7 days per week basis. Anticipated Duration: ~18-20 days, working 1-10 hour shift per day, utiliz- ing 1 Generator Specialist, 1 Lead Winder, and 2 Winders. $ 215,000. OPTIONAL 2 Full Stator Rewdge – Materials Firm price offer to provide a full stator rewedge kit for a 314 generator sta- tor. The following information applies to the model 314 generator: Core length 156” and number of slots = 60. All freight and hazardous shipping (paint) included. The wedge kit consists of the following components: • LSBC Body Wedges – tapered – 105% • LSBC End Wedges – flat – 110% • LSBC Sliders – 110% • G-11 T-Locking Fillers – 110%, if per design • G-11 Top Filler Strips – 110% • Krempel Top Ripple Springs – 110% • Fiberglass End Wedge Side Locking Dowel Pins • LSBC Drive Boards • Paint –epoxy; blue • Epoxy Resin/Caulk for Dowel Pins Lead Time: 4-5 days. $ 73,875. 3 New Core Baffles - OPTIONAL Firm price offer to supply new stator core entrance baffles – 1.50 inches high, 2.00 inches wide (size to be confirmed at the time of rewedge), and ~140 inches long. All shipping charges are included. Lead Time: In-Stock. $ 3,600. – for (2) OPTIONAL 4 End Wind- ing Stiffen- ing Treat- ment – Red- Eye and Flood Firm price offer to supply supervision, labor, tooling, equipment, and mate- rials to perform stator end winding stiffening treatment work scope: ▪ Apply coating of red-eye epoxy to accessible areas of end windings; including but not limited to: bar-to-bar blocking, bar ties, bar-to- radial ring and bar-to-binding band interfaces. ▪ Apply flooding varnish to entire end winding – including but not limited to: bar-to-bar blocking and ties, series loop blocking/nose ring, and bar-to-bar intermediate ring cross-overs. Duration: ~3-10 hour shifts, due to material cure time. Included in the Price for Line Item #1A. 5 HVB Dams (RTV-11) Firm price offer to incorporate a RTV dams into the HVB terminal plate an- nulus to address hydrogen leakage. Given the limited access to thoroughly clean the annulus’, AGT Services recommends pouring a layer of RTV-11 onto each terminal plate (after cleaning). Duration: ~1 shift – performed in parallel with the rewedge. $ 6,200. Page 97 of 320 Quotation No: 366R1-2023 Page 3 of 6 ITEM # ITEM DESCRIPTION TOTAL (US $$) 6 TIL 1398 Repairs Firm price offer to tighten the axial support hardware and apply locking epoxy to the ends. Duration: ~1 shift – performed in parallel with the rewedge. Included in the Price for Line Item #1A. 7 Adjust Field Wedges / Clean RR Tracking Marks Firm price offer to shift the migrated field body wedges back into position and stake in-place. Duration: <1 shift – performed in parallel with the rewedge. Included in the Price for Line Item #1A. 8 Collector Ring Grind- ing - OPTIONAL Firm price offer to supply all necessary labor, supervision, tooling, and equipment to perform grinding operation on collector rings for the purpose of achieving acceptable run-out levels, and creating appropriate film surface suitable for proper brush film development. NOTE: Unit must be on turning gear to grind collector rings. Anticipated Duration: Up to 3-12 hour shifts, including equipment set-up, CR grinding and equipment tear-down. AGT Services to send 2 personnel capable of grinding. “As required by plant safety protocols, Helpers to be provided by The Plant – one each shift” to support 24/7 grinding operation, as required. $ 33,600. OPTIONAL 9 Collector Ring Insula- tion Repairs Firm price offer to apply a thin layer of flooding resin to the crack in the collector ring insulation. Duration: A few hours – performed in parallel with the rewedge. Included in the Price for Line Item #1A. Please note: ▪ A draft copy will be reviewed with and provided to customer prior to leaving site. A formal color report, with photos if applicable of areas of concern, will be submitted within 30 days of job completion. NOTE: Any repairs needed as a result of any testing and inspection will be billed at either Time & Material rates (rate sheet attached) or a mutually agreed upon firm price offer. Emergency support for testing and/or repairs is available from our Amsterdam, NY offices within twelve (12) hours notifi- cation. Please call if you have questions! Weekend hours phone: (518) 441-9515 - Mike Bresney, or (518) 365-8353 - Vinny Rigosu Signature: William R. Dollard, Jr. William R. Dollard, Jr. Contract Manager Office Phone (preferred): 518-843-1112 Enclosure Taxes, permits, or license fees EXCLUDED. Page 98 of 320 Quotation No: 366R1-2023 Page 4 of 6 2023 AGTS Rate Sheet attached. Ts and Cs governing Initial PO# GIUD-441834 In-Effect. Insurance certificate on-file. Page 99 of 320 Quotation No: 366R1-2023 Page 5 of 6 DIVISION OF RESPONSIBILITIES (unless otherwise addressed in Specification) PLEASE NOTE: Standard customer site support is also an essential part of any generator maintenance contract. The published support requirements are developed over time and with the understanding that certain utilities and/or mechanical support has to be in place and available to do the work in the manner it should be conducted. Sometimes just having adequate protection against weather or climate factors is necessary to assure that sensitive equipment or the health and safety of personnel are assured, which in turn assures that the work is processed and completed in a satisfactory manner. All support items listed are important and deemed equally necessary to perform the work accord- ing to schedule and contract terms. Any failure to support, as applicable to the location, site and/or environment may have an adverse impact to schedule and if the schedule is compromised due to lack of adequate support from the site or customer, AGT Services may seek to recover lost revenues that result. AGT Services Owner Unloading, locating, and reloading contractor’s equipment X Scaffolding X Welding Gases (propane & oxygen) X Heat lamps/heaters for equipment protection X Phone services (fax machine) X Office facilities (copier) X Sanitary Facilities (sink and toilet) X Protective covers for turbine deck, electrical equipment, etc. (outdoor units) X Trash receptacles and disposal X Electricians for all specialty electrical work X Designated hazardous material (flammable liquid) storage X Disposal of hazardous waste and leftover hazardous materials X D-C Test & Inspection Programs Only: Electric Power (110V) X NDT services (retaining rings, journals, etc.) X Dry generator (produce acceptable megger readings prior to mobiliza- tion) X Disconnect (prior to testing) and reconnect (upon completion of testing) generator links and neutral grounding transformer connections X Disconnect/ground RTDs X Open bushing box; ventilate; test for acceptable O2 levels X Safety / site training in excess of one-hour X Testing, removal, and air monitoring of all materials designated as haz- ardous by EPA and/or OSHA (asbestos & lead) T&M Clean stator core/end windings (if contaminated) to allow safe high volt- age testing environment T&M Page 100 of 320 Quotation No: 366R1-2023 Page 6 of 6 2023 United States Rate Schedule (effective 1-1-23) Classification Hourly Labor Rate Straight Time Over Time Double Time Shop Preparation – tool packing; site deliveries 88.00 132.00 176.00 Designer / Draftsman 120.00 180.00 240.00 Generator Winder 176.00 264.00 352.00 Generator Lead Winder / Coll. Ring Grinder / Welder / Machinist 194.00 291.00 388.00 Generator Specialist / Project Engineering Support (HQ) 276.00 414.00 552.00 Engineering Consultant / Technical Direction 320.00 450.00 640.00 Travel time: 10 hours each way (continental US / >300 miles); actual hours (Hawaii, Alaska, <300 miles) Straight time: Monday – Friday (excluding holidays), first 8 hours Over time: Saturday, all hours; Monday – Friday, all hours in excess of 8; and six company holidays (New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day) Double time: Sunday, all hours Stand-by time: weekday: 8 hours/day @ Straight time rate, + expenses weekend: expenses only – unless requested to be on ready stand-by (OT rate). Travel and living (T&L) expenses are billed at cost + 10%, with a $150/man/day minimum charge. T&L may include, but is not limited to, the following charges – (1) Airfare, including excess baggage fees, change fees, and airline surcharges, if any; (2) Vehicle mileage: for employee vehicles, IRS published reimbursement rate (currently at $0.55 per mile); and for company vehicles, $1.50 per mile (while carrying parts/materials only); (3) Airport parking; (4) Taxi fees to/from airport; (5) Rental car; (6) Per diem (food allowance), currently $65/day; (7) Miscellaneous expensed site purchases. Payment Terms - Net 30 Days AGT Services Inc. 24 Sam Stratton Road Amsterdam, NY 12010 (518) 843-8389 facsimile Miscellaneous Charges Rental Rates/Mark-Up Tooling/test equipment rental DC Test Box - $1500/week EL CID Test Equipment- $3500/week Stator Repair Tooling - $1800/week Field Repair Tooling - $1800/week DOBLE Equipment - $2400/week Corona Scan Camera – $2800/week Core Loop Test Equipment - $2400/test Thermovision Camera - $1500/week Video Borescope - $1800/week Bump Test Equipment - $1800/test Collector Ring Grinding - $2400/week HVB Pressure Test Can - $1000/week Other repair tooling prices - on request Third party equipment rental Cost + 15% Freight/Subcontractors Cost + 15% Consumables/Disposables Cost + 20% Materials – short-shelf/stock Materials – custom-order/reverse-engineered Cost + 20% Cost + 30% + engineering time, as applicable Page 101 of 320 October 6, 2023 CITY OF GRAND ISLAND UTILITIES PLATTE, UNIT 1 STATOR REWEDGE PROPOSAL 231179R1 MECHANICAL DYNAMICS & ANALYSIS LLC REPAIRS DIVISION 3804 WEBER RD ● ST. LOUIS ● MISSOURI ● 63125 PHONE: (314) 880-3000 ● FAX: (314) 638-3473 www.MDAturbines.com Page 102 of 320 MECHANICAL DYNAMICS & ANALYSIS LLC REPAIRS DIVISION 3804 WEBER RD ● ST. LOUIS ● MISSOURI ● 63125 PHONE: (314) 880-3000 ● FAX: (314) 638-3473 www.MDAturbines.com This document contains Company Proprietary Information and shall be kept confidential and not disclosed to any outside parties. ONE CALL ONE SOURCE POWERFUL SOLUTIONS October 6, 2023 PROPOSAL 231179R1 Tylor Robinson, P.E. City of City of Grand Island Utilities 1035 W. Wildwood Drive, Grand Island, NE 68801 Email: trobinson@giud.com Phone: (308) 385-5495 Re: STATOR REWEDGE PLATTE, UNIT 1 Dear Mr. Robinson, Mechanical Dynamics & Analysis LLC (MD&A) is pleased to offer you the following revised proposal for performing the above referenced work adding the additional work scope you requested on 10/5/2023. We understand that the site is currently in outage, and MD&A has resources available to start immediately. MD&A’s proposal is organized as follows: COMMERCIAL Pricing & Scopes Pricing Clarifications MD&A Terms and Conditions TECHNICAL Technical Clarifications Division of Responsibilities MD&A appreciates having this potential opportunity to serve City of Grand Island Utilities at its Platte site. Sincerely, VB 231179R1 Enclosures Veronica Bretzke Generator Division, Proposals Manager cc: J. Fodera, MD&A Contracts and Proposals Manager D. Gregory, MD&A VP of Turbine-Generator RepairsT. Brittain, MD&A Manager of Generator ServicesB.Stafford, MD&A Regional Sales Manager Page 103 of 320 City of Grand Island Utilities, Platte, Unit 1 Proposal 231179R1 MD&A LLC Page 3 PRICING & SCOPES ITEM WORK SCOPE FIRM PRICE DURATION A Stator Rewedge •There will be three ELCIDs performed during arewedge: o before existing wedges are removed,o after existing wedges are removed, o after new wedges are installed. •Stator rewedge kit including:o Tapered, non-vented body wedge,including 3% spares – LSBCoTapered, non-vented end wedge,including 10% spares – LSBCoTapered sliders, including 3% spares -LSBCoSide locking pins, including 10% spares –HIRoTop ripple spring, including 10% spares –KrempleoFiller strip set of: .010”, .015”, .031”, .062”,.093”, and .125” including 10% spares -G11o2 wedge drive boards – natural canvaso2 master slide gauges Please note that the statorrewedge kit is based on the belowinformation. •Wedges per slot 26 •Number Of Slots 60 •Core Length 155.75" •108 MW •One (1) shift of cleaning the stator and endwindings. •Removal of the existing core end baffles (count of2)and installation of two (2) new core end baffleswith the following dimensions: 1.50 inches high,2.00 inches wide (size to be confirmed at the timeof rewedge), and ~140 inches long per theCustomer. •Painting of the stator and end windings after the rewedge is complete. •Perform final electrical testing and final inspection.o Final electrical testing of the stator willinclude: Winding copper resistance ofeach phase. Ten-minute DC megger andpolarization index of each phase. DC leakage test. DC Hipot $165,105.00 10 days, 1 shift/day, 7-10s Page 104 of 320 City of Grand Island Utilities, Platte, Unit 1 Proposal 231179R1 MD&A LLC Page 4 • Labor • Travel & Living • Equipment Rental • Shipping of equipment and materials. ITEM ADDITIONAL WORK SCOPE REQUESTED FIRM PRICE DURATION B Supply and Install 2 – new stator core entrance baffles– 1.50 inches high, 2.00 inches wide (size to be confirmed at the time of rewedge), and ~140 inches long. Included in Item A N/A C Clean and apply coating of red-eye epoxy to accessible areas of end windings; including but not limited to: bar-to-bar blocking, bar ties, bar-to-radial ring and bar-to-binding band interfaces. Apply flooding varnish to entire end winding – including but not limited to: bar-to-bar blocking and ties, series loop blocking/nose ring, and bar-to-bar intermediate ring cross-overs. $15,325.00 2 additional days to the stator rewedge. D Incorporate a RTV dams Magic Dust Repair into the HVB terminal plate annuli to address hydrogen leakage. • MD&A will install a 4-part sealant consisting of RTV-11, Mica Powder, Silicon Grease, and Viscasil on the three (3) terminal plates from inside the bushing box. $45,651.00 Performed in parallel with the stator rewedge E Tighten the axial support hardware and apply locking epoxy to the ends. $12,159.00 1 additional day to the stator rewedge. F Shift the migrated field body wedges back into position and stake in-place. • This will be performed on a best-efforts bases based on the condition of the end wedges. $6,443.00 0.5 additional day to the stator rewedge. G Apply a thin layer of flooding resin to the crack in the collector ring insulation. No Additional Cost Performed in parallel with the stator rewedge. See Pricing Clarifications, Technical Clarifications, and Division of Responsibilities for more information. Page 105 of 320 City of Grand Island Utilities, Platte, Unit 1 Proposal 231179R1 MD&A LLC Page 5 PRICING CLARIFICATIONS 1. Terms and Conditions – MD&A's proposal is based on the attached document titled “MD&A Terms and Conditions, Services and Parts (Dated 09/11/17)”. 2. Payment a. We propose the following Payment Schedule: i. 15% invoiced upon award, ii. 85% invoiced upon completion of work. b. All invoices net thirty (30). c. Our price does not include bonding, taxes, duties, or work permits. If these are required, they would be billed to the customer at cost plus administrative mark up. 3. Extra Work a. MD&A will be reimbursed for extra scope work, with Customer’s prior approval. b. Extra work can be performed on either a time and material basis or on a lump sum firm price basis, as requested. c. MD&A shall not be required to comply with any requested change order until Customer and MD&A have reached written agreement on appropriate adjustments in price, schedule, and scope of work. d. MD&A employees are capable of performing safe work in power plants. They are trained and are in compliance with the most current OSHA safety standards. Additional Customer required safety training that has not been specified can be performed on a T&M basis. 4. Liquidated damages - Liquidated damages are not a part of this offer. 5. Validity a. Proposal is valid for five (5) days. Extensions may be requested by the Customer. b. Due to practical considerations concerning the demand for our services and the scheduling of resources, all offers of service are subject to prior commitment. The information contained in this proposal shall not be duplicated, used in whole or in part for any purpose other than to evaluate the proposal provided; that if a contract is awarded to MD&A, as a result of the submission of such information, Customer shall have the right to duplicate, use, or disclose this information to the extent provided in the contract. This restriction does not limit Customer's right to use the information contained herein if obtained from another source. Page 106 of 320 MD&A TERMS AND CONDITIONS SERVICES AND PARTS MD&A T&Cs – Services & Parts 1 of 6 Dated 9-11-2017 NOTICE: Sale of any services and/or parts ordered by Customer is expressly conditioned on Customer's assent to the additional or different terms contained herein, including MD&A’s quotation. Any additional or different terms proposed by Customer are expressly objected to and will not be binding upon MD&A unless specifically assented to in writing by MD&A. Any order for, or any statement of intent to purchase services/parts, or any direction to perform work and MD&A's performance, shall constitute assent to MD&A’s terms and conditions. MD&A’s quotation is valid for 90 days, unless withdrawn prior to receipt of Customer’s acceptance. 1.WARRANTY.a.Services and Parts. Services performed on Customer’s equipment by MD&A and any parts supplied by MD&A are warrantedto conform to the Contract specifications and to be free from defects in workmanship, material and title for a period of twelvemonths following the equipment's return to service, or eighteen months following completion of work or delivery of the part,whichever occurs first. If any services or parts fail to meet the foregoing warranty, at MD&A’s option, MD&A shall correct suchfailure, (a) by reperforming any portion of the nonconforming services or repairing or replacing any nonconforming or defectiveparts; or (b) by making available Ex Works MD&A’s facility (Incoterms 2010), any necessary repaired or replacement parts.Where a nonconforming or defective part cannot be corrected by MD&A's reasonable efforts, the parties will negotiate anequitable adjustment in price. All costs and risks of access to the equipment, disassembly, and reassembly associated with thecorrective action shall be borne by Customer, if not included in the original work scope. The supply of repaired or replacementparts, or reperformed services shall not extend the duration of the warranty period.b. Rentals. With respect to rental services, MD&A warrants only that rental equipment when delivered is in good operatingcondition. If the equipment rented hereunder is not in good operating condition due to no fault of Customer and Customer notifiesMD&A promptly, MD&A shall thereupon (at its option) either repair the equipment or rent replacement equipment, subject toavailability.c.Exclusive. The preceding paragraphs set forth the exclusive remedies for claims (except as to title) based on failure toconform to the Contract specifications or defects in workmanship, material, parts or services, or professional errors or omissionswhich may be asserted under any theory including, for example, breach of contract, indemnity, warranty, tort (including MD&A'snegligence), strict liability or otherwise. Upon the expiration of the warranty period, all such liability shall terminate and Customershall have a reasonable time, within ten (10) days after the warranty period, to give written notice of any nonconformance ordefects that appear during the warranty period. Except as set forth in Article 6, the foregoing warranties are exclusive and in lieuof all other warranties, whether written, oral, implied or statutory. NO IMPLIED WARRANTY OF MERCHANTABILITY ORFITNESS FOR PURPOSE SHALL APPLY.d.Limits. MD&A's obligations under this Article 1 shall not apply to any part or portion thereof, which (a) is nonconforming ordefective due to normal wear and tear including that due to environment or operation, or (b) has a normal life inherently shorterthan the warranty period, or (c) is not properly stored, installed, used or maintained other than pursuant to MD&A's writteninstructions or approval, or (d) has been subjected to any other kind of misuse or detrimental exposure or has been involved in anaccident. In addition, this warranty shall be void if (a) Customer makes any repairs to, or effects any changes in, parts or anyportion thereof, which have not been authorized by MD&A in writing, or (b) MD&A is not promptly notified of any failure in writingor has not been given prompt and complete access to the failed parts or equipment including full access to all diagnostic andrepair efforts.The conditions of any acceptance and other tests shall be mutually agreed upon and MD&A shall be notified of, and may be represented at all tests. e.Latent Defects. In no event shall MD&A be liable for any loss or damage whatsoever arising from its failure to discover orrepair latent defects or defects inherent in the design of parts or equipment serviced or caused by the use of parts by Customeragainst the advice of MD&A.2.LIMITATIONS OF LIABILITY.a.In no event, whether as a result of breach of contract, indemnity, warranty, tort (including MD&A’s negligence), strict liabilityor otherwise, shall MD&A's liability to Customer, its subsidiaries and affiliates, successors or assigns, or its insurers for any loss ordamage arising out of, connected with, or resulting from the Contract, or from MD&A's performance or breach, or from any partsor services covered by or furnished under the Contract or any extension or expansion thereof (including remedial warrantyefforts), exceed the Contract price.MD&A and Customer expressly agree that under no circumstances, including indemnity obligations, shall MD&A be liable to Customer for any of the following: i.Loss of profits, whether direct or indirectii.Loss of revenues, whether direct or indirectiii.Cost of purchased poweriv.Cost of replacement powerv.Downtime costs Customer recognizes that MD&A’s insurance will not cover all risks that Customer may be exposed to as a result of this Contract, specifically the exclusions listed directly above (numbered 1-5), for which MD&A excludes all liability. Customer has reviewed MD&A’s insurance coverages, as outlined in Article 5, and Customer agrees that it shall take all reasonable efforts to procure insurance to protect against any risks and damages that it may incur which are not insured for by MD&A, and for which MD&A shall not be liable as a result of this Article 2. Except as to title to any parts furnished, all such liability shall terminate upon the expiration of the warranty period specified in Article 1. Any such claim of liability must be commenced in no event later than one year from the termination of the warranty period in accordance with Article 17. This limitation of liability shall not apply to the indemnity for bodily injury or death as set forth in Article 4. Page 107 of 320 MD&A Terms and Conditions Services and Parts (Cont’d) MD&A T&Cs – Services & Parts 2 of 6 Dated 9-11-2017 b. If MD&A furnishes Customer with advice or assistance concerning any part supplied hereunder or any part, system or equipment in which any such part may be installed and which is not required pursuant to this Contract, the furnishing of such advice or assistance will not subject MD&A to any liability, whether as a result of breach of contract, indemnity, warranty, tort (including MD&A's negligence), strict liability or otherwise. c. Customer waives all rights of recovery against MD&A and all rights of subrogation, whether Customer’s claim is brought under breach of contract, indemnity, warranty, tort (including MD&A’s negligence), strict liability or otherwise, for loss or damage to the property of Customer to the extent such claim is covered by insurance maintained by Customer. For the purposes of Articles 2 and 3, the term “MD&A” includes MD&A and its subcontractors, suppliers, subsidiaries and affiliates, their directors, officers, agents, employees, successors and assigns and authorized representatives. 3. CONSEQUENTIAL DAMAGES. Notwithstanding anything else contained in this Contract, in no event, whether as a result of breach of contract, indemnity, warranty, tort (including MD&A’s negligence), strict liability or otherwise, shall MD&A be liable to Customer or its subsidiaries and affiliates, successors or assigns, or its insurers for any special, incidental, exemplary, indirect or consequential damages, including, without limitation, loss of profits or revenues, loss of use of any property, parts or any associated equipment, damage to associated equipment, cost of capital, cost of purchased power, cost of substitute equipment, facilities, parts, services or replacement power, downtime costs or claims of customers of Customer for such damages and Customer will indemnify MD&A against any such claims from Customer’s customer. 4. INDEMNITY. MD&A and Customer each agree to defend, indemnify, and hold harmless the other party, including the other party’s subcontractors, suppliers, subsidiaries and affiliates, their directors, officers, agents, employees, successors and assigns and authorized representatives, from and against any claim, loss, damage or expense for all bodily injury or death, but only to the extent that such bodily injury or death is caused by the indemnifying party’s negligence. In the event that such bodily injury or death is caused by the joint or concurrent negligence of MD&A and Customer, the claim, loss, damage or expense shall be borne by each party in proportion to its own negligence. 5. INSURANCE. MD&A, at its expense, shall procure and maintain in effect without interruption during the term of this Contract, policies of insurance providing the coverages and limits specified, and complying with the other requirements stated below (all amounts below are stated in US dollars): a. Worker’s Compensation in statutory amounts and Employer’s Liability with a minimum limit of $1,000,000 each accident, $1,000,000 Disease - each Employee, $1,000,000 Disease Policy Limit. b. Commercial General Liability on an Occurrence Basis, with the following coverages and limits: i. Per Occurrence $1,000,000 ii. General Aggregate $1,000,000 iii. Products-Completed Operations Aggregate $1,000,000 iv. Personal & Advertising Injury Each Occurrence $1,000,000 c. Automobile Liability covering automobiles of MD&A, including owned, hired and non-owned automobiles, for Bodily Injury and Property Damage with a combined single limit of $1,000,000 each Occurrence. d. Excess Liability in Umbrella Form with a limit of $4,000,000 each Occurrence, $4,000,000 Aggregate. 6. PATENTS. MD&A warrants that parts furnished hereunder shall be delivered free of any rightful claim of any third party for infringement of any U.S. patent. If notified promptly in writing and given authority, information and assistance, MD&A shall defend, or may settle, at its expense, any suit or proceeding against Customer so far as based on a claimed infringement which would result in a breach of this warranty and MD&A shall pay all damages and costs awarded therein against Customer due to such breach. In case any part is in such suit held to constitute such an infringement and the use for the purpose intended of said part is enjoined, MD&A shall, at its expense and option, either procure for Customer the right to continue using said part, or replace same with a noninfringing part, or modify same so it becomes noninfringing, or remove the part and refund the Contract price. The foregoing states the entire liability of MD&A for patent infringement. The preceding paragraph shall not apply to any parts specified by Customer or manufactured to Customer's design, or purchased from other sources, or to the use of any parts furnished hereunder in conjunction with any other parts in a combination not furnished by MD&A as part of this Contract. As to any such parts, or use in such combination, MD&A assumes no liability whatsoever for patent infringement and Customer will hold MD&A harmless against any infringement claim arising therefrom. In the case of rental equipment MD&A may, at any time after it becomes aware of a possible infringement, elect to require that the equipment be returned and excuse Customer from further rental payments. This paragraph contains the entire liability of MD&A for patent infringement by rental equipment. 7. DELIVERY. Completion dates are approximate and are based upon prompt receipt of the equipment and all necessary information from Customer, or ready access to same if work is to be done at Customer's facility. Unless otherwise specified by MD&A, all shipments of parts are Ex Works MD&A’s facility (Incoterms 2010), shipping and insurance prepaid by Customer. In the case of rental equipment, shipping dates quoted are based on rental stocks available at the time of quotation and are, therefore, subject to prior rentals. 8. EXCUSABLE DELAYS. MD&A shall not be liable for any delay in delivery or performance, or for any failure to manufacture, deliver, or perform due to (a) any cause beyond its reasonable control; or (b) any act of God, act of Customer, act of civil or military authority, government priority, fire, severe weather condition, earthquake, strike or other labor disturbance, flood, epidemic, war (declared or undeclared, including civil unrest), riot, terrorist act, delay in transportation or car shortage; or (c) act (or omission) of Customer, including failure to promptly: (i) provide MD&A with information and approvals necessary to permit MD&A to proceed with performance immediately and without interruption, (ii) comply with the terms of payment, or (iii) provide MD&A with such evidence as MD&A may request that any export or import license or permit has been issued; or (d) inability on account of any cause beyond the reasonable control of MD&A to obtain necessary materials, components, services or facilities. The date of delivery or of performance shall be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of such excusable delay. MD&A shall notify Customer, as soon as practicable, of the revised date of delivery or of performance. If MD&A is delayed by acts or omissions of Customer, or Page 108 of 320 MD&A Terms and Conditions Services and Parts (Cont’d) MD&A T&Cs – Services & Parts 3 of 6 Dated 9-11-2017 by the prerequisite work of Customer’s other contractors or suppliers, MD&A shall also be entitled to an equitable price adjustment. 9. PAYMENTS AND FINANCIAL CONDITION. Unless otherwise specified by MD&A in its quotation, payments under the Contract shall be either (a) received in MD&A’s account, or (b) secured by a letter of credit satisfactory to MD&A, before MD&A has any obligation to begin performance under the Contract. If a letter of credit is utilized, payment(s) shall be made upon presentation of documents (mutually agreed to in advance by the parties) against a confirmed irrevocable letter of credit issued or confirmed by MD&A authorized bank. The letter of credit shall (a) be established by the Customer, at Customer’s expense (including confirmation, amendments and maintenance charges), and (b) remain in effect for a period of three months after the last item of the scope of work is scheduled to be performed under the Contract. The letter of credit shall provide for partial payments pro rata on partial performance and partial shipments from MD&A’s facility and for the payment of any charges for storage (including storage at MD&A’s facility), price adjustments, cancellation or termination, and all other payments due from Customer under the Contract against MD&A’s presentation of documents, and will otherwise be acceptable to MD&A. Customer will increase the amount(s) or extend the validity period(s) and make appropriate modifications to any letter of credit within ten (10) days of MD&A’s notification that such is necessary to provide for payments to become due. If MD&A consents to delay shipments, payment shall become due on the date when MD&A is prepared to make shipment. Parts held for Customer shall be at the risk and expense of Customer. If Customer fails to fulfill any condition of its payment obligations, MD&A may suspend performance and delivery. Any cost incurred by MD&A in accordance with such suspension, including storage costs (including storage at MD&A’s facility), shall be payable by Customer upon submission of MD&A’s invoices. Any order for services/parts by Customer shall constitute a representation that Customer is solvent. If the financial condition of Customer at any time does not, in the judgment of MD&A, justify continuance of MD&A’s obligations hereunder on the terms of payment agreed upon, MD&A may require full or partial payment in advance or shall be entitled to terminate the Contract and receive termination charges. In the event of bankruptcy or insolvency of Customer or in the event any proceeding is brought against Customer, voluntarily or involuntarily, under the bankruptcy or any insolvency laws, MD&A shall be entitled to cancel any order then outstanding at any time during the period allowed for filing claims against Customer and shall receive reimbursement for its proper cancellation charges. MD&A's rights under this Article 9 are in addition to all rights available to it at law or in equity. MD&A shall have a lien on and may retain possession of equipment repaired, modified, inspected, tested, maintained or serviced under this Contract until its charges for such services are paid. If such charges are not paid within ninety (90) days following completion of the work and invoicing Customer, MD&A may, upon not less than seven (7) days written notice by certified mail to Customer at Customer's last known address, sell the equipment at public or private sale and apply the net proceeds to MD&A's charges. 10. TERMINATION. a. By Customer. Customer shall be entitled to terminate the Contract in the event MD&A fails to commence reasonable cure within thirty (30) days after notice from Customer specifying a material default. MD&A’s liability for material default shall be limited to the direct costs that Customer must pay a third party to correct the default, but in no event shall exceed the Contract price. MD&A shall be entitled to recover reasonable termination charges on any order that is terminated unless MD&A is in prior material breach of these Terms and Conditions. Termination of an order shall not relieve either party of any obligation arising prior to termination. b. By MD&A. If Customer fails to fulfill any condition of its payment obligations and does not correct such failure in the manner and time satisfactory to MD&A, then MD&A may, terminate the Contract in respect to the portion of the parts not delivered and work not yet performed. Customer shall pay MD&A its reasonable and proper termination charges in the event of such termination, in addition to the amounts owed up to the date of termination. 11. TITLE. Title to parts not yet incorporated into Customer’s equipment will pass to Customer upon MD&A’s receipt of all payments for the parts/services under this Contract. Title and right of possession of equipment repaired, modified, inspected, tested, or maintained under this Contract shall remain with Customer, subject to any applicable lien rights of MD&A and to its right of sale in the event of nonpayment as provided in Article 9. Title to all rental equipment shall remain with MD&A. 12. TAXES. In addition to any price specified herein, Customer shall pay the gross amount of any present or future sales, use, excise, value-added, withholding, or other similar tax applicable to the price, sale, or delivery of any parts or services furnished hereunder or to their use by MD&A or Customer, or Customer shall furnish MD&A with a tax exemption certificate acceptable to the taxing authorities. 13. SOFTWARE. Unless otherwise agreed in writing, no software rights are granted to Customer under this Contract. In the event that Customer desires to license any software used by MD&A, Customer must contact the owner of such software to negotiate a software license agreement with such owner in order to use such software. MD&A makes no representation that it is the owner or licensee of any software, or that it has any right to sell, or grant any license to Customer to use, any software. 14. PROHIBITION ON NUCLEAR USE. a. Parts, materials, equipment and services provided hereunder, are not intended for and shall not be used in connection with any nuclear facility or activity. Customer represents and warrants that it shall not use them or permit others to use such materials, equipment or services for any such purpose, and that it will not transfer or permit to be transferred any parts, materials, equipment and services provided hereunder to any third party without having first obtained the agreement of such third party or parties not to use them for any such purpose. b. Notwithstanding the foregoing, if any parts and materials sold, equipment rented and services provided by MD&A to Customer under the Contract, shall be used at Customer’s commercial nuclear power station[s] identified in the Contract and located within the USA (hereinafter, the “Plant[s]”), the following terms and conditions shall apply: i. Customer shall, without cost to MD&A, obtain and maintain insurance to cover “public liability” arising out of a “nuclear incident” (as those terms are defined in the Atomic Energy Act of 1954, as amended, hereinafter referred to as the “Act”) at, or arising out of, the operation of the Plant[s], the policy to be provided by American Nuclear Insurers/Mutual Atomic Energy Liability Underwriters. This insurance shall cover the liability of Customer, MD&A, and any other person or organization that may have legal responsibility for public liability arising out of a nuclear Page 109 of 320 MD&A Terms and Conditions Services and Parts (Cont’d) MD&A T&Cs – Services & Parts 4 of 6 Dated 9-11-2017 incident. The limits shall be in the amounts required to meet financial protection requirements by the Act, and applicable regulations of the U. S. Nuclear Regulatory Commission (“NRC”). ii. Customer shall also enter into the governmental indemnity agreement required by the Act, and applicable regulations of the NRC, with coverage and limits as may be required by the NRC. iii. In the event the nuclear liability protection system in effect on the effective date of the Contract expires or is repealed, changed or modified, Customer shall, without cost to MD&A, obtain and maintain liability protection provided through government indemnity, limitation of liability and/or liability insurance to the extent available and consistent with customary industry practice in the United States. Such substitute liability protection shall not result in a material impairment of the protection afforded MD&A by such nuclear liability protection system and this Article 14. iv. Customer hereby waives all rights of recourse and subrogation which it may have or acquire against MD&A with respect to liability for nuclear damage. v. MD&A shall not have any liability to Customer or its insurers for nuclear damage to any property located at the site of or used in connection with the Plant[s] or any other nuclear plant of Customer. To the extent reasonably available, Customer shall, at no cost to MD&A, obtain and maintain insurance against loss or destruction of or damage to Customer’s property within the Plant[s] site boundaries arising out of or resulting from a nuclear incident. Such insurance shall have limits of coverage not less than $500 million. Customer shall indemnify MD&A, its suppliers and its directors, officers and employees for any and all liability that they may have to third parties, including Customer’s insurers and other financial guarantors, for physical loss or destruction of or damage to the property of third parties that is located within the Plant[s] site boundary and used in the operation of the Plant[s], to the extent that such physical loss, destruction or damage results from or arises out of a nuclear incident or otherwise. vi. In the event of a nuclear incident at or arising out of the operation of the Plant[s], Customer waives and will require its insurer to waive all rights of recovery against MD&A, its subcontractors and suppliers of any tier, whether in contract, warranty, indemnity, tort (including MD&A’s negligence), strict liability or otherwise, for (1) physical damage to or loss or destruction of any Customer property, (2) third-party claims, and (3) any and all costs or expenses incurred by MD&A in investigation, settlement and defense of any claims arising out of such incident, including attorneys’ and experts’ fees, settlement awards and costs, court costs, disbursements, and internal expenses resulting from such claims. vii. Customer shall not transfer or use, or permit the transfer or use of, any parts, materials, equipment and services provided under this Contract at any nuclear power plant other than the Plant[s] specified in this Contract. In the event of such transfer or use, MD&A shall have no liability whatsoever for any nuclear or other damage, injury or contamination. In addition to any other legal or equitable rights of MD&A, Customer shall indemnify MD&A against any such liability, and shall reimburse MD&A for any and all costs or expenses incurred by MD&A in investigation, settlement and defense of any claims arising out of such use, including attorneys’ and experts’ fees, settlement awards and costs, court costs, disbursements, and internal expenses resulting from such claims. viii. Any decontamination necessary for MD&A’s performance (including remedial warranty efforts) shall be performed by Customer without cost to MD&A. Any of MD&A’s parts, materials or equipment which become contaminated (including becoming radioactive) at the work site shall, at MD&A’s option, be decontaminated or purchased by Customer without cost to MD&A. ix. For purposes of this Article 14, the following definitions apply: “liability” means liability of any kind at any time whether in contract, warranty, indemnity, tort (including negligence), strict liability or otherwise; “nuclear damage” means any loss, damage, or loss of use, which in whole or in part is caused by, arises out of, results from, or is in any way related, directly or indirectly, to the radioactive properties or a combination of radioactive properties with toxic, explosive or other hazardous properties of source, special nuclear or byproduct material, as those materials are defined in the Act, including any loss of life or personal injury (including to Customer’s employees), or any loss of, loss of use of, or damage to, property of Customer or others, on or off the site, including the Plant[s]. “site” or “plant site” means the area identified as the Plant location in either (a) the nuclear liability insurance policy or (b) the governmental agreement of indemnity issued pursuant to the Act, whichever is more inclusive. x. Customer’s obligations under this Article 14 shall be effective through the decommissioning of the Plant[s] and any other nuclear plant or plants to which they apply. 15. COMPLIANCE WITH LAWS. All transactions hereunder shall at all times be subject to and conditioned upon compliance with all applicable export control laws and regulations of the U.S. Government and any amendments thereof. Customer agrees that it shall not, except as said laws and regulations may expressly permit, make any disposition by way of transshipment, re-export, diversion or otherwise, of U.S. origin goods and technical data (including computer software), or the direct product thereof, supplied by MD&A hereunder. The obligations of the parties to comply with all applicable U.S. export control laws and regulations shall survive any termination, or discharge of any other contract obligations. Customer undertakes to keep fully informed of, and to comply with, the export control laws and regulations of the U.S. Government and any amendments thereof. Customer certifies that the parts, materials, services, technical data, software or other information or assistance furnished by MD&A under the Contract will not be (a) used by any individual or entity listed as a prohibited party on any list of the U.S. Government of prohibited or denied parties, (b) sent to any party in a country listed as a prohibited country by the U.S. Government, or (c) used in the design, development, production, stockpiling or use of chemical, biological, or nuclear weapons either by Customer or by any entity acting on Customer’s behalf. Notwithstanding any other provisions herein, Customer shall be responsible for timely obtaining any required authorization, such as an export license, import license, foreign exchange permit, work permit or any other governmental authorization, even though any such authorization may be applied for by MD&A. Customer and MD&A shall provide each other reasonable assistance in obtaining required authorizations. MD&A shall not be liable if any authorization is delayed, denied, revoked, Page 110 of 320 MD&A Terms and Conditions Services and Parts (Cont’d) MD&A T&Cs – Services & Parts 5 of 6 Dated 9-11-2017 restricted or not renewed and Customer shall not be relieved thereby of its obligations to pay MD&A for its parts or services or any other charges which are the obligation of the Customer hereunder. 16. RESERVATION OF RIGHTS. MD&A Reserves the right to make copies, prepare derivative works of, or reverse engineer any portion of the components, parts, materials or other information supplied or created under the Contract. Such copies, derivative works or reverse engineering information and data shall be the sole property of MD&A, the use of which shall not be restricted in anyway by Customer. MD&A reserves the right to use any portion of the components, parts, materials or other information supplied or created under the Contract in the development of any other products or intellectual property of any kind, the ownership of which shall vest exclusively in MD&A. The work performed by MD&A shall not be considered “work for hire.” Any and all information related to, or arising out of, MD&A’s Intellectual Property or Improvements is deemed to be the information of MD&A. Customer agrees that it will not use any information of MD&A or any Improvement made by either party as a basis for the design or creation of any item, application or software. All right, title and interest in and to the Intellectual Property of MD&A and all Improvements shall remain with, and vest exclusively in MD&A. If any such right, title or interest becomes vested in Customer by operation of law or otherwise, Customer will do everything necessary, to vest all such right, title and interest in MD&A. Customer will execute such further and other documents and do such further and other things as may be necessary to carry out and give effect to the obligations contained in this paragraph, provided however, neither party is obligated to enter into a further business relationship with the other party. 17. DISPUTE RESOLUTION. All disputes arising in connection with the Contract shall be settled, if possible, by amicable negotiation of the parties. In the event of any dispute, controversy or claim arising out of, connected with, or relating to this Contract, within 30 days of notice of such dispute, the Parties agree to arrange a face-to-face meeting between their respective senior executive officers or their designated representatives to resolve such dispute. For services performed or parts sold within the United States of America, if the matter is not resolved by negotiations, either party shall have the right to pursue any legal remedy available. For services performed or parts sold outside of the United States of America, if the matter is not resolved by negotiations, the dispute or controversy shall be referred to arbitration without recourse to any court. The notice shall identify the name and address of the arbitrator appointed by the party giving notice and the points of dispute. Within thirty (30) days after receipt of such notice, the other party shall give notice to the first party of the appointment and name and address of the second arbitrator. Within thirty (30) days after appointment of the second arbitrator, the arbitrators so appointed shall appoint an additional arbitrator to serve as chairman of the arbitration tribunal. If the second party fails to appoint its arbitrator within thirty (30) days after receipt of notice of the appointment of the first arbitrator, or, if the arbitrators appointed by the parties fail to appoint an arbitrator to serve as chairman within sixty (60) days after the appointment of the first arbitrator, then the President of the International Court of Arbitration of the International Chamber of Commerce shall have the power, on the request of a party, to make appointments which have not been made. The seat of arbitration shall be in Albany, New York U.S.A., and the arbitral award shall be made in Albany. The arbitration shall be conducted in English and in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The parties shall have the right to present documentary evidence and witnesses and shall also have the right to cross examine witnesses. The arbitration decision shall be decided by majority vote, provided that in the event of a tie vote on any matter, the chairman of the arbitration shall have a second or casting vote on that matter. In arriving at their decision, the arbitrators shall consider the pertinent facts and circumstances and be guided by the terms of this Contract; and, if a solution is not found in the terms of this Contract, the arbitrators shall apply the provisions of the applicable laws governing this Contract under Article 18. The arbitrators are precluded from considering or awarding punitive, consequential or exemplary damages to any party in any arbitration conducted pursuant to this Article 17. The parties agree that any arbitral award shall be final and binding, that this Contract and the resulting obligations are commercial and that the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention”) applies to this Contract and to any award or order resulting from any arbitration conducted hereunder. Except for initiating actions to obtain a judgment recognizing or enforcing an arbitral award or order, the parties agree not to commence or otherwise be involved in any court action or proceeding concerning a dispute arising out of this Contract and hereby irrevocably waive and exclude all rights of appeal, challenge, or recourse to any court from any arbitral award or order resulting from any arbitration conducted under this Article 17. Reasonable expenses of the arbitration shall be shared equally. On request of any party, a transcript of the hearings shall be prepared and made available to the parties. 18. GENERAL. The provisions of this Contract are for the benefit of the parties hereto and not for any other party or person except as specifically provided herein. Any services furnished by MD&A hereunder will be performed in compliance with the Fair Labor Standards Act of 1938, as amended and applicable. MD&A will comply with applicable federal, state, and local laws and regulations as of the date of any quotation which relate to (a) equal employment opportunity (including the seven paragraphs appearing in Section 202 of Executive Order 11246, as amended); (b) workers' compensation; and (c) the performance of any services in MD&A's facilities. Price and, if necessary, delivery will be equitably adjusted to compensate MD&A for the cost of compliance with any other laws or regulations. The delegation or assignment by Customer of any or all of its duties or rights hereunder without MD&A's prior written consent shall be void. Any representation, promise, warranty, course of dealing or trade usage not contained or referenced herein will not be binding on MD&A. MD&A reserves the right to assign any portion of the Contract or work to any affiliated entity, division or subsidiary within the Mitsubishi Hitachi Power Systems, Ltd. corporation. The 18 Articles in these Terms and Conditions, including MD&A’s quotation, collectively referred to herein as the “Contract”, contain the entire and only agreement between Customer and MD&A respecting the terms and conditions and supersedes and cancels all previous negotiations, agreements, commitments, representations and writings in respect thereto. No modification, amendment, rescission, waiver or other change shall be binding on MD&A unless agreed to in writing by MD&A's authorized representative. Page 111 of 320 MD&A Terms and Conditions Services and Parts (Cont’d) MD&A T&Cs – Services & Parts 6 of 6 Dated 9-11-2017 The validity, performance, and all matters relating to the interpretation and effect of this Contract and any amendment hereof shall be exclusively governed by the law of the State of New York without giving effect to any conflicts of laws or choice of law rules that would apply the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The invalidity, in whole or part, of any of the articles or paragraphs in these Terms and Conditions will not affect the remainder of such article or paragraph or any other article or paragraph. Nothing in this Contract shall be construed to impose any overall “system responsibility” on MD&A. When used in this Contract, the terms (a) "including" and “includes” mean "including but not limited to" the specifically enumerated things, states, or actions that follow such terms, and (b) "or" means "one or the other or all" of the specifically enumerated things, states, or actions that follow such term. Any information, suggestions or ideas transmitted by the Customer to MD&A are not to be regarded as secret or submitted in confidence, unless agreed to by MD&A in writing. The following Articles shall survive termination of this Contract: Article 1 (Warranty), Article 2 (Limitation of Liability), Article 3 (Consequential Damages), Article 4 (Indemnity), Article 6 (Patents), Article 12 (Taxes), Article 14 (Prohibition of Nuclear Use), Article 15 (Compliance with Laws), Article 16 (Reservation of Rights), Article 17 (Dispute Resolution), Article 18 (General) and any remaining payment obligations of Customer. Page 112 of 320 City of Grand Island Utilities, Platte, Unit 1 Proposal 231179R1 MD&A LLC Page 6 TECHNICAL CLARIFICATIONS GENERAL 1. In case of a work stoppage of any nature beyond MD&A's control, including severe weather, we will give the Customer the option of keeping our crew standing by locally or returning our crew to their home base. In the event that crew members are required to return to their respective home base location and to return to the Customer's plant at a later date to finish the work, MD&A will submit a quotation for appropriate "in and out" expenses due to the work stoppage. 2. MD&A assumes no liability for the crane inspection or its operational reliability. It will be the Customer's responsibility to determine that the crane meets all operational and safety standards. The Customer shall have a complete preventive maintenance check performed prior to the outage. 3. All electrical testing will be performed at the OEM’s recommended voltages, unless otherwise instructed by Customer. 4. The conditions of any tests related to work performed by MD&A, shall be mutually agreed upon and MD&A shall be notified of, and may be represented at, all tests that may be made. 5. Customer is responsible for treatment and removal of hazardous substances and related contamination of any nature. 6. Customer to provide labor support such as scaffolding, electrical hookups, and loading / unloading / moving / set up of equipment. 7. Straight time is defined as work up to eight (8) hours on weekdays. Overtime is defined as work after eight (8) hours on weekdays and all-day Saturdays, Sundays, and holidays. 8. Extra work scope includes: a. All non-specified repairs.Repairs identified during the inspection will be quoted upon discovery. b. Destructive removal of components. It is presumed these items can be removed by normal (non-destructive) means. Should destructive removal be required, the scope will be considered extra work. c. All machining. d. If standby time is encountered, waiting for work to be completed by others, it will be considered an extra (limited to 10 hours straight time per day per person). GENERATOR 9. Stator rewedge: a. Please note the following preparatory work to be done by the Customer prior to MD&A conducting the work scopes: i. Crane or forklift services to unload and load equipment. Page 113 of 320 City of Grand Island Utilities, Platte, Unit 1 Proposal 231179R1 MD&A LLC Page 7 ii. For three phase generator electrical testing the Wye / Delta needs to be disconnected before we arrive. To complete this please disconnect, at Isophase termination enclosures, both generator line side and neutral links, neutral grounding transformer connections. In addition, please remove all generator RTDs at the terminal board (disconnect the stator side and leave the connections from the control room intact) and provide any required electrical services. iii. Provide 120 VAC 20 amps as a minimum. iv. Provide all necessary scaffolding to safely reach the stator core, as required. v. Removal/reinstallation of the bushing box door. vi. Reclassify the generator / bushing box to a non-permit required confined space which does not require a “hole-watch” or provide a “hole-watch” (as required). b. If any wedges contain asbestos, the Customer is responsible for disposal. Page 114 of 320 City of Grand Island Utilities, Platte, Unit 1 Proposal 231179R1 MD&A LLC Page 8 DIVISION OF RESPONSIBILITIES A. CONSUMABLES / MATERIALS CUSTOMER MD&A 1. Stator Rewedge kit and paint. X 2. Cribbing and barrier materials. X 3. Consumable materials including rags, cleaning fluids, emery cloth, etc. X 4. Welding/Cutting gasses (for the defined scope of on-site work). X B. SITE SERVICES CUSTOMER MD&A 1. Scaffolding services (as required). X 2. Compressed air for tools. X 3. Electrical services. X 4. Isolation of all electrical services (including disconnect, at Isophase termination enclosures, both generator line side and neutral links, and neutral grounding transformer connections; disconnect all RTD's as required). X 5. Temporary office. X 6. Temporary sanitary facilities. X 7. Phone and internet connections. X 8. Provide a secure area and lay down space for MD&A equipment adjacent to the repair area. X C. TOOLS & EQUIPMENT CUSTOMER MD&A 1. Rotor stands, special tools, jigs, non-standard wrenches, and alignment fixtures provided by the OEM or fabricated by the Customer to facilitate maintenance. X 2. Overhead crane / forklift (as required). X 3. Flatbed trucks and mobile crane, including outside equipment handling (as required). X 4. Tooling for the work scope. X 5. Turbine deck protection (plywood, masonite, or other). X D. EHS CUSTOMER MD&A 1. Safety tagging. X 2. Safe access to and from work area. X 3. Secure parking area & transportation. X Page 115 of 320 City of Grand Island Utilities, Platte, Unit 1 Proposal 231179R1 MD&A LLC Page 9 D. EHS CUSTOMER MD&A 4. Security for parts and tool storage. X 5. Hazardous material removal (as required). X 6. Written plant safety regulations and procedures. X 7. Waste containers for disposal of trash. X 8. First aid facilities (emergency use only). X 9. All required permits. X 10. Reclassify the generator / bushing box to a non-permit required confined space which does not require a “hole-watch” or provide a “hole-watch” (as required). X 11. Fire protection equipment other than local fire fighters. X E. PERSONNEL / DOCUMENTS CUSTOMER MD&A 1. Representative for coordination of parts and repair decisions and to authorize Extra Work to avoid delays. X 2. Start-up and Operation personnel. X 3. Access to all available drawings, operating procedures, information, historical data, and O&M manuals on the equipment covered under this proposal. X 4. Electricians and Instrument Technicians. X 5. Crane Operator (as required). X 6. Generator Specialist. X 7. Final report. X Page 116 of 320 Missouri Office: 858 Acid Mine Road ~ Sullivan, MO 63080 Office: (573) 468-4045 Fax: (573) 303-0167 Texas Office: 1502 Gault Road ~ Houston, TX 77039 Office: (281) 557-0103 Fax (832) 645-7579 October 9, 2023 City of Grand Island Tylor Robinson trobinson@giud.com RE: RTS Proposal 23-279 City of Grand Island - Generator Re-wedge Mr. Robinson, Thank you for your interest in Reliable Turbine Services (RTS) LLC. The RTS philosophy is to build strong, long-term relationships with our customers. We provide world-class service by combining high-quality performance with integrity and commitment to customer service. RTS is pleased to present the enclosed proposal. Our proposal includes the following: 1) Statement of Work & Pricing 2) Division of Responsibilities 3) RTS Rate Sheet 4) Terms & Conditions Our goal is to provide quality experience, with no surprises that meet or beats our quoted outage duration. RTS has been performing maintenance and repair projects on turbine generators for over 30 years, with over 300 years of combined industry experience, and has developed methods and procedures which provide predictable quality outages. We have standardized processes that optimize our performance, assure safe quality work, and help us achieve the shortest outage durations. RTS’s project teams come prepared with all the tools, materials, and resources needed for the outage. RTS is excited to present our proposal and for the opportunity to work with you and City of Grand Island on the above- referenced project. If we can be of further assistance, please do not hesitate to call us directly. Sincerely, Darrell Hoffman Jamie Kage Darrell Hoffman Jamie Kage President Commercial Supervisor C: (636) 208-2924 C: (314) 393-2086 O: (573) 342-3096 O: (573) 342-3082 E: dhoffman@reliableturbine.com E: jkage@reliableturbine.com Page 117 of 320 Statement of Work & Pricing This Document Contains Confidential & Proprietary Information Unauthorized Reproduction or Use Is Prohibited Without the Express Permission of Reliable Turbine Services LLC. City of Grand Island Generator Re-wedge RTS Proposal #23-279 Project Date: October 2023 Pricing Table Description Estimated Duration Pricing Format Amount Generator Re-wedge 16 days T&M $248,000.00 Total $248,000.00 Notes  Work to be performed on-site  All pricing above is in 2023 US dollars. Outages which are set for future years; the Contractor may propose adjustments to the prices stated in this proposal based on the Consumer Price Index for All Urban Consumers as published by the U.S. Bureau of Labor Statistics (CPI-U) over the CPI-U for the preceding period. The prices/rates may be adjusted to reflect the percentage increase if any.  RTS has planned for (16) days for scope of work utilizing (1) Generator Specialist, (1) Lead Winder, and (2) Winders working 12-hour days single shift.  Pricing includes estimated shipping, RTS will invoice actual at cost plus 15%.  Extra work authorization will be provided for additional labor required to perform activities outside the specified scope of work.  T&M price is budgetary in nature. The final price charged to the customer will be determined in accordance with the actual work performed and terms and conditions stated in RTS’ T&M Rate Sheet, which is included with this proposal. This budgetary price is based on the manpower, schedule and other assumptions in the Notes and Clarifications section below. Scope of Work Inspections/tests performed All Generator testing shall be performed in accordance with and comply with NETA and IEEE. All generator and exciter maintenance shall consider guidelines in the OEM manuals. Stator Re-wedge • Borescope inspection of winding and blocking (as accessible), stator core step laminations and fingerplates • Perform visual Inspection of stator Bars • Inspect frame at junction of the foot rails and stator wrapper • Insulation resistance and function test of RTD’s • Insulation resistance test and Polarization Index (PI) of each of the three phases • Armature Winding DC resistance Test • DC leakage test and HiPot. • Perform ELCID of core iron • Remove Sample wedges and send to manufacturer • Remove Air Baffle • Remove existing wedges • Clean slots and debur • Perform Elcid • Perform insulation Resistance and PI • Perform DC leakage Page 118 of 320 Statement of Work & Pricing This Document Contains Confidential & Proprietary Information Unauthorized Reproduction or Use Is Prohibited Without the Express Permission of Reliable Turbine Services LLC. • Install center wedges • Install wedges • Install End wedges • Perform Wedge Visual Inspection • Perform manual wedge tap survey • Perform Final ELCID • Perform Final Insulation Resistance test PI • Perform Final DC Leakage • Install Air Baffles • Paint Stator Wedge Material Included • Line Specs • 27 wedges per slot • 0.960 slot width • 60 slots • 155.75” core length • 108MW • Kit consisting of: o ( 1948 )flat, non-vented body wedge • Includes 3% spares – LSBC • 5 measurement wedges per slot o ( 132 ) herringbone, non-vented end wedge • Includes 10% spares – LSBC o ( 360 ) krempel 0.9 mm top ripple spring in lengths of 38" • Includes 10% spares o ( 330 ) filler strips in lengths of 48 inch including 10% spares – g11 • In thickness .010”, .015”, .031”, .062”, .093”, .125”, .250" o ( 2 ) wedge drive boards – natural canvas Benefits • Reveals pending faults in winding of the rotor and armature • Reveals deterioration of coil insulation caused by corona or end winding vibration • Reveals possible shorted core laminations • Reveals loose slot support system • Establishes a “base line” for evaluating future inspections and input for establishing planned major maintenance activities Final Report • Standardized format provided electronically (cd or electronic mail) • Photographs of critical areas in the stator winding, core, and rotor. • Dielectric absorption graph and analysis of insulation integrity • Summary of all insulation and winding resistance measurements taken. • Any anomalies reported immediately with the Final Report submitted within 10 days of inspection Notes and Clarifications: Commercial • Pricing Currency: United States Dollar (USD). • If labor is to be paid according to “prevailing wages rate” quote will be adjusted per state regulations • Period of validity. The proposal is valid for 30 days from the submittal date. Page 119 of 320 Statement of Work & Pricing This Document Contains Confidential & Proprietary Information Unauthorized Reproduction or Use Is Prohibited Without the Express Permission of Reliable Turbine Services LLC. • The proposed price(s) do not include any applicable duties or sales, use, excise, value added, or similar taxes. Such items will be added to the price(s) and invoiced to the customer unless a valid exemption or direct pay certificate is furnished for our files. • Pricing is based on equipment, and manpower availability. • Reliable Turbine Services LLC (“RTS”) reserves the right to equitably adjust the schedule or price (or pass costs through to customer) to the extent RTS incurs any additional cost or delay beyond RTS’s reasonable control and arising from or related to the COVID-19 pandemic, including but limited to any governmental order or restriction related to quarantines, testing, manpower (including standby time), shop availability, logistics, and materials, or any additional procedures, requirements, or restrictions imposed by the customer or at the customer’s site. • The controlling terms shall be RTS LLC General Terms and Conditions of Sale for Services and Parts or mutually agreed upon prior to the execution of the contract. Manpower • RTS plans to utilize non-union labor to perform the scope of work detailed above. All personnel will be charged beginning on the date they arrive on-site regardless of any delay due to external problems that are not the direct responsibility of RTS. • RTS reserves the right to increase and reduce manpower as needed to accommodate work activities and schedule durations. • If the schedule changes due to findings in the inspection and more time is required, all RTS personnel involved in the project that accrues additional labor will be billed on a T&M basis and additional mob/demob charges may apply. • If there is a problem with physical safety, RTS can stop the work, and continue when our advisors indicate that it is safe to continue. The stand-by will be charged based on the attached T&M Rate sheet. Safety • Any special requirements such as clothing and/or safety training will be billed to the customer at actual cost plus 15%. • Any hours required for training classes will be billed at the hourly rate in effect set forth above. • The above pricing assumes that customer will supply standard items such as Lock-out/Tag-out, unit and document access, sanitary facilities, I&C as well as electrical support, etc. • This pricing assumes that Customer will provide permitting, equipment, monitoring and attendant for any space designated as confined or hazardous space. RTS can provide pricing for confined space required equipment, monitoring, and attendant upon arrival. If there is a problem with physical safety, RTS can stop the work, and continue when our advisors indicate that it is safe to continue. The stand-by will be charged based on the attached T&M Rate sheet. • RTS personnel are compliant with OSHA 10 regulations. RTS’s proposal allows for up to 2 hours of site orientation training. Costs associated with additional safety and site training including online sessions will be invoiced per T&M rates. Schedule • Pricing assumes that customer will schedule and have the unit ready for inspection upon RTS arrival. All delays beyond the control of RTS would be considered additional. Examples of these delays are as follows but not limited to overhead crane failure, asbestos abatement, lack of permitting, other CUSTOMER or end user contractors, startup delays outside of RTS’s control, etc. • RTS owns all schedule float on any firm price work. • The cooling of the turbine and commissioning are not included in the project duration. Overhead Crane • RTS assumes that all components to be serviced in the above scope of work are accessible by the overhead cranes, and that the cranes are more than capable of performing the lifting activities. RTS shall be provided sole use of the overhead cranes to perform the work activities. Delays due to unavailability of the cranes will be billed to the customer on a T&M basis. Delays in the use and extra cost of the crane due to work external to RTS’ Responsibility and/or adverse weather conditions shall be billed to the customer on a T&M basis. Page 120 of 320 Statement of Work & Pricing This Document Contains Confidential & Proprietary Information Unauthorized Reproduction or Use Is Prohibited Without the Express Permission of Reliable Turbine Services LLC. • RTS assumes that all obstructions have been removed to allow a clear travel path for the overhead crane. • Crane expenses associated with delays due to work performed by others and outside of the scope of work and/or due to adverse weather conditions shall be the responsibility of the customer. Additional RTS Responsibilities (See DOR for complete listing) • A Final report will be delivered within 30 days upon completion of project. • Gas bolt heaters are typically included in RTS tooling. Any additional bolt heating supplies, induction services, gases, or equipment will be considered extra. • RTS standard tooling includes a basic non-articulating borescope. Any additional borescope equipment, services and supplies will be considered extra. Additional Customer Responsibilities (See DOR for complete listing) • System flushing devices including the filters, jumpers, fittings, and hardware. Standard Extra Work Items listed below may not apply, but if they do, they are to be considered extra work, unless specified in the scope of work above. • Any indications found in the valve, turbine, pump, and generator components during the mechanical and NDE inspections and the recommendations on how to address such indications. These activities can possibly affect the overall schedule of the project. No penalties will be charged to RTS. • RTS can support manufacturing, repair, and procurement of parts. • Parts and components repaired and or provided by others will be inspected by RTS prior to use. • Timely decisions for EWA’s is required to prevent delays and extra work charges. • Project overhead in regard to delays. • The removal of turbine parts and components by abnormal means. Abnormal means include but are not limited to drilling, cutting, grinding, hydraulic force, welding, heating, etc... These activities can affect the overall schedule of the project. No penalties will be charged to RTS. • Industry standard inspection practices have been included in this proposal. OEM (TIL) inspections and modifications requiring additional process and or labor. • Replacement parts, if a direct fit, can typically be installed without an additional cost assuming further mechanical activities are not needed to do so. Data verification and inspections of replacement parts or components. • Interruption of power, water, or compressed air supplies will be considered a delay and a direct impact to the schedule. Should RTS be awarded this purchase order, RTS is open to further development of this proposal. Page 121 of 320 ACTIVITY RTS Customer Consumables Expendables (cleaners, lubricants, rags, etc.) x Oils, Lubricants (for operating plant equipment only) x Potable water, Ice x Bottled Water x Weld Electrodes (all kinds)x Welding, Heating, Chilling, Purging, & Shielding Gases x D‐C Test & Inspection Programs Only Clean stator core/end windings (if contaminated) to allow safe high voltage testing environment x Disconnect (prior to testing) and reconnect (upon completion of testing) generator links and neutral  grounding transformer connections x Disconnect/ground RTDs x Dry generator (produce acceptable megger readings prior to mobilization) x Electric Power (110V)x NDT services retaining rings x NDT services journals and bearings x NDT services H2 seal rings x NDT services fan blading x Open bushing box; ventilate; test for acceptable O2 levels x Equipment & Tooling Forklifts and man‐lifts x  Forklifts operator x Individual PPE x Locating, unloading, & reloading of contractor’s equipment x x Fuel service for rental and vendor equipment x Mobile Crane x Mobile Crane  Operator x Primary Overhead Crane x Primary Overhead Crane Operator x Standard Tooling – Including general, precision, NDE, electrical, & all other necessary tooling for the  completion and enhancement of the service. x Specialty OEM tools (IE, Bearing Mandrels, Spreader bar, Rotor Rigging, Jack Bolts, Rotor Platform,  swing check bracket, etc.)x Valve lapping fixtures and tools (Try bars)x Welding Machines, Electric & Gas Powered x Facilities Laydown space to accommodate tooling, equipment, parts, and components x Break Facilities x Enclosures & protective covers for parts and equipment x Weather protection for personnel, equipment, and tooling x Office equipment and supplies x Generator Inspect and Test ‐  Division of Responsibilities Page 1 of 4 Page 122 of 320 ACTIVITY RTS Customer Generator Inspect and Test ‐  Division of Responsibilities Office space or trailer x Toilet Facilities  x Washroom Facilities  x Lighting Area Lighting x Portable/Spot Lighting x Materials Purchase of Project Materials x Purchase of replacement parts and associated shipping costs x Review of Material Delivery Times x x Review the availability of parts xx Shipping/receiving of materials and parts x Inspection, inventory, and storage of materials and parts x Outage Staffing/Support Project management (for RTS scope only) x Technical Direction (for RTS scope only) x Unit and Systems Plant Operators x Electrician for disconnections and connections x I & C Technicians x Generator Specialists as required by the scope of work x Safety & Permits Electrical Isolation ‐ While it is generally the responsibility that the client will electrically isolate the  generator for testing, RTS can provide Disconnect/Reconnect of neutral and main leads prior to the  electrical testing being performed utilizing the RTS T&M rates.  x Safety/site training in excess of one‐hour x Confined space permit, monitoring, rescue team x Medical rescue services x Basic first‐aid supplies xx Site/facility safety orientation x Respirator equipment and testing x Removal and Installation of Fire Detection Equipment and Components x Removal and Installation of Fire Supression Equipment and Components x Testing, removal, and air monitoring of all materials designated as hazardous by EPA and/or OSHA  (asbestos, arsenic & lead)x Fire Watch x Hole Watch x Hot work permit x LOTO x Rigging Cribbing x Floor protection (plywood)x Lifting devices & specialty OEM rigging x Rotor stands or support skids x Page 2 of 4 Page 123 of 320 ACTIVITY RTS Customer Generator Inspect and Test ‐  Division of Responsibilities Valve stands x Standard Rigging (chain falls, slings, shackles, etc.), including testing x Timbers, skids, pallets, etc. for storing/transporting parts x Documents Review the scope of work and schedule xx Provide OEM manuals and service bulletins prior to commencement of work. x Collect and provide unit operation data prior to commencement of work. x Provide past maintenance and outage reports & recommendations prior to commencement of work. x Provide unit and system drawings, including floor load capacities prior to commencement of work. x Provide documentation of annual crane inspection prior to commencement of work. x Provide annual certification and inspection documentation for rigging and lifting devices prior to  commencement of work.x Provide daily status updates x Communication Telephone service, hook‐up and high speed internet connection if cellular reception is inadequate  x Radios for site wide communication (as needed) x Third Party Support Arsenic, Asbestos and/or Lead Abatement x Industrial Hygensist x Disposal of hazardous and non‐hazardous waste including material containing asbestos, if  encountered x FME security personnel and rigid barrier installation/removal x Dust blasting x Non‐destructive (NDE) testing service and material (UT, PT, MT, VT) x Removal and disposal of spent blasting media x Start‐up Balance Engineer x Controls Engineer x Generator frame foot loading services x Heat Trace Removal and Installation x Heat Treat x Induction Bolt Heating x Actuator/servo inspection and testing services x Paint/Repaint x Removal and disposal of paint (including lead paint) x Scaffolding and inspection services x  Scrap Bins, Trailer x Thermal Insulation Removal and Installation x  Transportation of equipment, & tooling to and from site x Expediting Services and fees x Trash Removal x Page 3 of 4 Page 124 of 320 ACTIVITY RTS Customer Generator Inspect and Test ‐  Division of Responsibilities Trash Rolloffs x Utilities Provide power requirements to customer prior to commencement of work. x Electrical power including: (120/240V single phase and 240/480, three phase) x Emergency Back‐up Power x Plant Air (for operation of small tools)x Plant Service Water (non‐potable)x Page 4 of 4 Page 125 of 320 RTS Rate Sheet Proprietary & Confidential Document No. 23-279 This Document Contains Confidential & Proprietary Information Unauthorized Reproduction or Use is Prohibited Without the Express Permission of Reliable Turbine Services LLC. T&M Budgetary Price- All services to perform the approved Statement of Work will be billed at the Time and Material rates listed below. These rates are subject to escalation by RTS upon a thirty (30) day written notice to Purchaser. NON-UNION SERVICES: Generator Contract Services: Straight Time & Travel Overtime Premium Time Generator Consultant $280.00 $415.00 $550.00 Generator Specialist $210.00 $275.00 $355.00 Lead Winder $143.00 $186.00 $243.00 Winder $100.00 $130.00 $170.00 Winder Helper $82.50 $106.00 $140.00 *If Labor is to be paid according to “prevailing wages rate” quote will be adjusted per state regulations. ST, OT & PT Rate Definition: Straight Time applies to hours worked, Monday through Friday, eight (8) hours per day (e.g. 7:00 a.m. until 3:30 p.m., 30 minutes for lunch), excluding holidays. Lunch breaks, (30) thirty minutes in duration, are billable to the customer when employees are working (10) hour and (12) hour shifts. Over Time applies to work performed outside the scheduled eight-hour shifts on Monday through Friday, and all work on Saturday. Premium Time – applies to work on Sundays and Holidays*. Travel time for field personnel to the job site prior to commencement of work and away from the job site upon completion of the work will be computed as actual travel time per employee for each day, or part thereof, required for travel to or from the job site, at the stated straight time rate. Standby Time – Invoiced at a straight time rate, up to eight (8) hours plus expenses. Standby is when the customer requests RTS personnel to leave the site (return to the motel) and wait for a call to return. Waiting Time – Invoiced at the straight-time rate, up to eight (8) hours plus expenses. Waiting time is any time waiting due to no fault of RTS personnel, either at the customer’s site or off-site. Waiting time will be incurred if there is no work scheduled for Saturday, Sun, and/or Holiday and RTS personnel returns to work on Monday, or the next working day, but does not go home Holidays recognized by RTS in 2023: New Year’s Day (observed): Jan 2nd Memorial Day: May 29th Floating Holiday (observed): Jul 3rd Independence Day: Jul 4th Labor Day: Sep 4th Thanksgiving: Nov 23rd Christmas Day: Dec 25th Christmas Eve (observed): Dec 26th Travel and Living Expenses: Per Diem Daily Per Diem (Food) will be invoiced at $75.00 for all onsite personnel that receives per diem for food only. Page 126 of 320 RTS Rate Sheet Proprietary & Confidential Document No. 23-279 This Document Contains Confidential & Proprietary Information Unauthorized Reproduction or Use is Prohibited Without the Express Permission of Reliable Turbine Services LLC.  Per Diem to be paid seven days a week for all personnel while assigned to the project. Mobilization/Demobilization Travel Expense When applicable, the following expenses will be invoiced to customer: airfare, airport parking, rental car, fuel, tolls, and ground transportation (taxi, bus, train, etc.) at cost plus 15%. Vehicle Mileage: o Personal vehicle mileage will be invoiced at $0.80 per mile. o Company truck mileage will be invoiced at $1.05 per mile. o Company truck pulling trailer mileage will be invoiced at $1.50 per mile. Living Expenses Living expenses (Lodging, local transportation, gasoline, etc.) will be invoiced at cost plus 15% per day for each onsite personnel that receives per diem for food only. Purchased Materials and Services: For all work relating to this Agreement not specifically covered in the Statement of Work, all costs directly related to mobilization, disassembly, cleaning, inspection, re-assembly or other work requested by Purchaser will be charged at actual cost plus 15% unless specifically provided otherwise. Examples of these costs include: o Subcontractor services o Shipping of tools, equipment and trailers o Shipping of turbines, rotors and parts All costs for consumables, equipment rented from third parties, postage, overnight delivery services, phones and other incidentals will be charged at actual cost plus 15%. Purchaser will supply the replacement parts. Special Requirements: (Definition: requirements imposed on RTS by purchaser in which were not disclosed during the proposal development phase of the project.) Any special requirements such as clothing and/or safety training will be billed to the customer at actual cost plus 15%. Any hours required for training classes will be billed at the hourly rate in effect set forth above. Additional costs incurred for RTS employees to work in a country other than the U.S. (visas, licensing, fees, etc.) will be billed to the customer at actual cost plus 15%. Additional costs incurred by increased insurance (liability, property, and employee) requirements will be billed to the customer at actual cost plus 15%. The cost of other special training/testing (example: specialized background screening, drug testing, etc.) required by Purchaser of RTS’s workers shall be borne by Purchaser. Project overhead such as management, tooling, equipment will be invoiced per this rate sheet. Any rental equipment or subcontracted services will be at cost plus 15%. Extra Work During the event of extra work, RTS will issue an extra work authorization form to the customer for approval to proceed. Page 127 of 320 RTS Rate Sheet Proprietary & Confidential Document No. 23-279 This Document Contains Confidential & Proprietary Information Unauthorized Reproduction or Use is Prohibited Without the Express Permission of Reliable Turbine Services LLC.  Unless specified on the EWA. Project overhead in regard to delays will be considered extra work and consumables/tooling will be invoiced at $3.50 per manhour.  All additional materials, rentals, freight, 3rd-party subcontracts, transportation, and travel expenses shall have 15% handling charge.  Daily Per diem per person will be charged to the EWA unless majority of the individual daily hours are performed on base scope activities.  Labor to be charged according to the labor rates listed above.  Additional mob/demob to be specified on the EWA, if needed. Tools and RTS-Owned Equipment Purchaser shall pay rental fees to RTS for Tooling/Test Equipment, with any partial day being deemed for such purpose as a full day. Such fees will accrue from and including the date of receipt of the Tooling/Test Equipment to the day of departure inclusive. Tooling & Equipment Equipment Description Daily Rate Major Maintenance Set $865.00 Doble Test Set $795.00 ELCID Test Set $1,190.00 High Resolution Borescope $265.00 HiPot Test Set $70.00 Test & Inspect Set $665.00 Page 128 of 320 Reliable Turbine Services LLC – Confidential and Proprietary - 2020 Page 1 of 5 RELIABLE TURBINE SERVICES LLC: TERMS AND CONDITIONS FOR SALE OF PRODUCTS AND SERVICES NOTICE: These Terms and Conditions shall apply to and be incorporated by reference into Seller’s quotations, purchase orders, and invoices regarding the sale of Products or Services to Buyer. Seller’s agreement to sell any Products or Services is expressly conditioned upon Buyer's acceptance of these Terms and Conditions. Any additional or different terms proposed by Buyer are expressly objected to and will not be binding upon Seller unless agreed to in writing by Seller; moreover, no pre-printed facility entry form shall modify these Terms and Conditions even if signed by Seller’s representative. Further, by accepting any Products or Services hereunder, Buyer specifically waives any additional or different terms and conditions. Any oral or written representation, warranty, course of dealing or trade usage not contained in these Terms and Conditions or the Contract shall not be binding on Seller. Any order to perform work and Seller's performance of work shall constitute Buyer’s acceptance of these Terms and Conditions. Unless otherwise specified in the quotation or Contract, any quotation by Seller shall expire 30 days from its date and may be modified or withdrawn by Seller at any time. Seller’s acceptance of Buyer’s purchase orders must be specifically agreed upon in writing by an authorized representative of Seller. 1. Definitions. Unless Seller otherwise agrees: "Buyer" means the entity to which Seller is providing Products or Services under the Contract. "Contract" means either the contract agreement signed by both parties or the purchase order signed by Buyer and accepted by Seller in writing, for the sale of Products or Services, together with these Terms and Conditions and any other documents incorporated therein by reference, such as relevant addenda under Article 15, the final quotation, the agreed scope(s) of work, and Seller’s order acknowledgement as well as any changes under Article 17. “Contract Price” means the agreed amount stated in the Contract for the sale of Products or Services, including adjustments (if any) in accordance with the Contract. “Hazardous Materials” means any chemical, substance, material or emission that is or may be regulated, governed, listed or controlled pursuant to any international, national, federal, provincial, state or local statute, ordinance, order, directive, regulation, judicial decision or other legal requirement applicable to Site as a toxic substance, hazardous substance, hazardous material, dangerous or hazardous waste, dangerous good, pesticide, radioactive material, regulated substance or any similar classification, or any other chemical, substance, emission or material, including, without limitation, petroleum or petroleum-derived products or by- products, regulated, governed, listed or controlled or as to which liability is imposed on the basis of potential impact to safety, health or the environment pursuant to any legal authority of the United States (“U.S.”) or the country of the Site. “Products” means all equipment, parts, materials, supplies, software, and other goods Seller has agreed to supply to Buyer under the Contract, including Refurbished Parts. “Refurbished Parts” means used Products that have been repaired or reconditioned by Seller for resale. "Seller" means Reliable Turbine Services LLC. “Services” means all services Seller has agreed to perform for Buyer under the Contract. "Site" means the premises where Products are used or Services are performed, not including Seller’s premises from which it performs remote Services. “Terms and Conditions” means these Terms and Conditions for Sale of Products and Services. 2. Payment. Except as otherwise agreed to by Seller in writing, the following payment terms apply: 2.1 Buyer shall pay Seller all invoiced amounts in U.S. dollars and without right of set-off. Seller shall be entitled to payment of all charges associated with Seller’s performance of Services or delivery of Products, including but not limited to the Contract Price and reasonable expenses incurred by Seller. For each Contract with a price of less than U.S. $250,000 and upon Seller approving credit, Buyer shall pay Seller all invoiced amounts in U. S. dollars within 30 days from date of invoice. For each Contract with a price of U.S. $250,000 or more, progress payments of the Contract Price shall be due starting with twenty-five percent (25%) of the Contract Price upon the earlier of Contract signature or issuance of Seller’s purchase order acknowledgement and such that ninety percent (90%) of the Contract Price is received before the earliest scheduled Products shipment or commencement of Services (“Progress Payments”). Buyer shall pay Progress Payments within 30 days from date of invoice. Buyer shall pay a monthly late payment charge computed at the rate of 1.5%, or the maximum interest rate permitted by applicable law, whichever is less, on any past-due amount for each calendar month (or fraction thereof) that the payment is overdue and all costs of Seller’s collection efforts including, without limitation, all collection fees, reasonable attorneys’ fees, and court costs. Should Buyer dispute any invoice, Buyer shall pay the full amount of outstanding invoice by the due date and within 30 days from the date of invoice, provide Seller a written explanation outlining the basis for the dispute. Failure to give such notice shall constitute Buyer’s unqualified acceptance of the invoice and waiver of any such claims. Seller shall investigate any disputed invoice and within a reasonable time, notify Buyer of the outcome of such investigation. 2.2 Upon request from Seller, Buyer shall establish acceptable payment security in the form of an irrevocable, unconditional, sight letter of credit or bank guarantee allowing for pro-rata payments for partial Product deliveries, Services, storage, export shipment, price adjustments, cancellation or termination, and all other payments due from Buyer under the Contract subsequent to down payments (“Payment Security”). The Payment Security shall be (a) issued or confirmed by a bank that is acceptable to Seller in its sole discretion, (b) payable at the counters of such acceptable bank or negotiating bank, (c) opened sixty (60) days prior to the earliest scheduled Products shipment or commencement of Services, and (d) remain in effect until the latest of ninety (90) days after the latest scheduled Products shipment or completion of Services or final payment has been received. Buyer shall pay all banking charges including confirmation as well as all costs of extending Payment Security, when required. Seller will not begin performance until the Payment Security has been accepted by the Seller and has become operative. Buyer will increase the amounts or extend the validity period(s) and make appropriate modifications to any Payment Security within five business days of Seller’s notification that such increase or extension is necessary to provide for payments becoming due. Seller shall be entitled to a day for day extension of the Contract schedule for each day delay in receiving Progress Payments or Payment Security acceptable to Seller. 2.3 If at any time Seller reasonably determines that Buyer's financial condition or payment history does not justify the continuation of Seller’s performance, Seller shall be entitled to, including but not limited to, restructure payments requiring full or partial payment in advance, request additional forms of Payment Security, suspend Contract fulfillment or terminate the Contract and charge Buyer a reasonable termination fee. 3. Taxes and Duties. Buyer agrees to pay directly when due and payable all taxes, surcharges, duties, fees, or other charges of any nature (including, but not limited to, ad valorem, consumption, excise, franchise, gross receipts, import, license, property, sales, service, stamp, storage, transfer, turnover, use, value-added, and other governmental taxes or assessments, and any and all items of withholding, deficiency, penalty, addition to tax, interest, or assessment related thereto), arising from Seller’s performance of its obligations hereunder or Buyer’s payment for work hereunder ("Buyer Taxes"), excluding taxes based on Seller’s net income or any withholding or other payroll taxes related to Seller’s employees. All payments due and payable by Buyer to Seller hereunder shall be made in the full amount of the Contract Price, free and clear of all deductions and withholding for Buyer Taxes. If Buyer deducts or withholds Buyer Taxes, Buyer shall pay additional amounts to Seller to cause the amounts Seller actually receives, net of deducted or withheld Buyer Taxes, to equal the full Contract Price. Buyer shall provide to Seller within one month of payment, accurate official receipts from the appropriate governmental authority for deducted or withheld taxes. 4. Deliveries; Title Transfer; Risk of Loss; Storage. 4.1 For shipments within the country of origin or manufacture and for U.S. exports, Seller shall deliver Products to Buyer EXW Seller’s facility, place of manufacture or warehouse (Incoterms 2010). For all other export shipments, Seller shall deliver Products to Buyer FCA Port of Export (Incoterms 2010). Buyer shall pay all delivery costs and charges or reimburse Seller for shipping charges plus 25%. Except for those obligations that are consistent with Incoterms 2010 specifically stated above, Seller shall not be liable in any claim asserted by Buyer with respect to delivery. Partial deliveries will be permitted. If Products delivered do not correspond in quantity, type, or price to those itemized in the invoice for the shipment, Buyer will so notify Seller in writing within 10 days after delivery of the shipment to Buyer. Seller may deliver any or all Products in advance of the delivery schedule. Delivery times are approximate and are dependent upon prompt receipt by Seller of all materials, Payment Security and information necessary to proceed with the work without interruption. Seller will use reasonable efforts to fill all orders according to the agreed schedule and quantity, but unless otherwise agreed by Seller in writing, failure to deliver Products or Services by any such deadline shall not entitle Buyer to rescind orders, to terminate the Contract, or to any compensation or damages of any kind. 4.2 Title to Products shipped from the U.S. shall pass to Buyer immediately after each item departs from the territorial land, seas, and overlying airspace of the U.S. For this purpose, the parties acknowledge that the territorial seas of the U.S. extend to 12 nautical miles from the baseline of the country determined in accordance with the 1982 United Nations Convention of the Law of the Sea. Title to Products shipped from within the country where Products will be installed shall pass to Buyer when Products are made available for shipment from the manufacturer’s factory or the storage facility utilized by Seller. Title to Products shipped directly from a European Union (“EU”) manufacturer or an EU storage facility outside the country where the Product will be installed shall pass to Buyer the earlier of (i) the port of export immediately after Products have been cleared for export or (ii) immediately after each item departs from the territorial land, seas, and overlying airspace of the EU sending country. Title to Products to be shipped from any other country shall pass to Buyer at the port of export immediately after Products have been cleared for export. Title to Services shall pass to Buyer as performed. Notwithstanding the foregoing, for any software provided by Seller hereunder, only the license to the software transfers as set forth herein, and title to leased equipment, including equipment of Seller which will be located at Site during all or Page 129 of 320 Reliable Turbine Services LLC – Confidential and Proprietary - 2020 Page 2 of 5 some portion of the Contract term without Seller’s personnel present, such as remote diagnostic equipment, shall remain at all times with Seller. 4.3 Notwithstanding Article 4.1 above, in all events risk of loss or damage shall transfer to Buyer upon title passage. 4.4 If any Products cannot be shipped to or received by Buyer when ready due to any cause not attributable to Seller, Seller will notify Buyer and then may ship Products to a storage facility, including a facility within the place of manufacture, or to an agreed freight forwarder, at Buyer’s sole expense. If Seller places Products in storage or if Products are detained at any port, the following conditions shall apply: (i) title and all risk of loss or damage shall immediately pass to Buyer if they had not already passed and delivery shall be deemed to have occurred; (ii) any amounts otherwise payable to Seller upon delivery or shipment shall be payable upon presentation of Seller’s invoices; (iii) all expenses and charges incurred by Seller, such as for preparation for and placement into storage, handling, inspection, preservation, insurance, storage, demurrage, removal and any taxes shall be payable by Buyer upon submission of Seller’s invoices; and (iv) when conditions permit and upon payment of all amounts due hereunder, Seller shall resume delivery of Products to the originally agreed point of delivery. 4.5 Buyer shall bear the sole risk of loss or damage for Buyer’s equipment during the Contract term, whether located at Site, Seller’s facility, or in transit from Seller’s facility. If repair Services are to be performed on Buyer’s equipment at Seller’s facility, Buyer shall be solely responsible for transporting the equipment to and from Seller’s facility, and Buyer shall retain title at all times. Buyer shall reimburse Seller at Seller’s then current storage rate if the equipment remains at Seller’s facility beyond 10 days after notification that Services have been completed. 5. Excusable Delays. Seller shall not be liable nor in breach or default of its obligations under the Contract to the extent performance of such obligations is delayed or prevented, directly or indirectly, due to causes beyond its reasonable control, including, but not limited to, acts of God, fire, terrorism, war (declared or undeclared), insurrection, acts (or omissions) of Buyer or Buyer’s suppliers or agents, any act (or omission) by any governmental authority, strikes, labor disputes, embargo, epidemic, pandemic, or government act. The delivery or performance date shall be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay. If Seller is delayed by any acts (or omissions) of Buyer, or Buyer’s other contractors or suppliers, Seller shall be entitled to an equitable price and schedule adjustment. 6. Compliance with Laws, Codes and Standards. 6.1 The Contract Price, delivery and performance dates and any performance guarantees will be equitably adjusted to reflect additional costs or obligations incurred by Seller resulting from a change after Seller’s proposal date in industry specifications, codes, standards, applicable laws or regulations. 6.2 Seller’s obligations are conditioned upon Buyer’s compliance with all U.S. and other applicable trade control laws and regulations. Buyer shall not transship, re-export, divert or direct Products other than in and to the ultimate country of destination specified on Buyer’s order or declared as the country of ultimate destination on Seller’s invoice. 6.3 Notwithstanding any other provisions, Buyer shall timely obtain any required authorization, such as an export license, import license, foreign exchange permit, work permit or any other administrative authorization, even if Seller applies for the authorization. Buyer shall be solely responsible for obtaining, maintaining or effectuating any administrative authorizations or notifications, including, without limitation, building and environmental permits, the submission and approval of environmental impact assessments (and any supporting documentation), a spill prevention and control plan, oil processing notification, and required air permit modifications, if any, required for the lawful performance of Services at the Site. 7. Warranty. 7.1 Provided that Buyer fulfills its payment obligations to Seller, Seller warrants to Buyer that during the warranty period (i) Products shall be shipped free from defects in materials, workmanship, and title, and (ii) Services shall be performed in a workmanlike manner. Any items not manufactured by Seller (including incidental materials and consumables used in Services) shall carry only the warranty that the original manufacturers provide, and Seller gives no warranty on behalf of the manufacturers of such items. Furthermore, used Products other than Refurbished Parts shall be sold “as is.” 7.2 Unless otherwise stated in the Contract, the warranty period for Products shall commence upon delivery and end one year from first use or 18 months from delivery, whichever occurs first, except that the warranty period for any software provided by Seller hereunder shall be 90 days from delivery. The warranty period for Services shall commence upon the date of completion of each of the Services and end one year thereafter, except for software related Services, which shall have a warranty period of 90 days. 7.3 If Products or Services do not meet the above warranties, Buyer shall promptly notify Seller in writing within ten days after discovery and within the warranty period and shall follow all reasonable instructions of Seller. Seller shall with reasonable speed at Seller’s option, (i) repair or replace the defective Products or (ii) re-perform the defective Services. If in Seller’s reasonable judgment the Product cannot be repaired or replaced or Services cannot be re-performed, Seller shall refund or credit monies paid by Buyer for that portion of Products or Services that do not meet the above warranties. Any repair, replacement, or re- performance by Seller hereunder shall not extend the applicable warranty period. The parties shall mutually agree on the specifications of any test to determine the presence of a defect. Seller shall have no liability for defects that arise after the warranty period has expired. If Products or Services alleged by Buyer to not meet the above warranties are (i) not under warranty, (ii) determined not to be defective, or (iii) defective due to any cause or condition not covered under the warranties provided herein, Buyer agrees to reimburse Seller for all reasonable expenses incurred in traveling to the Site or in shipping, handling, or inspecting such Products or Services. 7.4 Buyer shall bear the costs of access (including removal and replacement of systems, structures or other parts of Buyer’s facility), de-installation, decontamination, re-installation and transportation of defective Products to Seller and back to Buyer. 7.5 These warranties and remedies are conditioned upon (a) the proper storage, installation, operation, and maintenance of Products and conformance with the proper operation instruction manuals provided by Seller or its suppliers or subcontractors, (b) Buyer keeping proper records of operation and maintenance during the warranty period and providing Seller access to those records, and (c) modification or repair of Products or Services performed only by Seller or a third party authorized by Seller in writing. Seller does not warrant Products or any repaired or replacement parts against normal wear and tear or damage caused by damage in transit, misuse, negligence, accident, or use against the advice of Seller. Any modification or repair of any Products or Services not authorized by Seller shall render the warranty null and void. 7.6 Article 7 provides the exclusive remedies for all claims based on failure of or defect in Products or Services, whether the failure or defect arises before, during or after the applicable warranty period and whether a claim, however described, is based on contract, warranty, indemnity, tort, or extra contractual liability (including negligence), strict liability or otherwise. The warranties provided in Article 7 are exclusive and are in lieu of all other warranties, conditions and guarantees whether written, oral, implied or statutory. SELLER HEREBY DISCLAIMS (AND BY ACCEPTING THE PRODUCTS OR SERVICES, BUYER HEREBY WAIVES) ANY AND ALL OTHER STATUTORY, EXPRESS OR IMPLIED WARRANTIES, REMEDIES OR CONDITIONS WITH RESPECT TO THE PRODUCTS OR SERVICES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, COMPLIANCE WITH ANY RULES OR PRACTICES ESTABLISHED UNDER APPLICABLE LAWS, REGULATIONS OR STANDARDS, OR ANY OTHER EXPRESS, STATUTORY OR IMPLIED WARRANTY OF ANY KIND ARISING OUT OF THE SALE, DELIVERY, USE OR PERFORMANCE OF THE PRODUCT OR ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. 8. Limitation of Liability. 8.1 The total liability of Seller for all claims arising out of or relating to the performance or breach of the Contract or any Products or Services shall not exceed (a) the Contract Price or (b) if this Contract is in the form of a blanket or master agreement under which Buyer places an order with Seller for Products and Services to be purchased, (i) the final price of the particular order under which the specific Products or Services giving rise to the claim are supplied or performed or (ii) ten thousand U.S. dollars (U.S. $10,000) if the claim is not part of any particular order. Seller’s liability shall terminate upon the expiration of the applicable warranty period, provided that Buyer may enforce a claim that accrued prior to that date by commencing an action before the expiration of the applicable statute of limitations or repose, but not later than one year after the expiration of such warranty period. 8.2 SELLER SHALL NOT BE LIABLE FOR LOSS OF PROFIT OR REVENUES, LOSS OF PRODUCT, LOSS OF USE OF PRODUCTS OR SERVICES OR ANY ASSOCIATED EQUIPMENT, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, DAMAGE TO REPUTATION, COST OF CAPITAL, COST OF COVER OR REPLACEMENT, DOWNTIME COSTS, INCREASED OPERATING COSTS, CLAIMS OF BUYER’S CUSTOMERS FOR SUCH DAMAGES, OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES HOWEVER CAUSED. 8.3 If Buyer is supplying Products or Services to a third party or using Products or Services at a facility owned by a third party, Buyer shall require the third party to agree to be bound by this Article 8. If Buyer does not obtain this agreement for Seller’s benefit or if the agreement is found void or unenforceable, Buyer shall indemnify, defend, and hold Seller harmless from and against any and all liability arising out of claims made by the third party in excess of the limitations and exclusions of this Contract. 8.4 Seller shall not be liable for any advice or assistance that is not required under the Contract or any representation or warranty of any third party. 8.5 For the purposes of Article 8, the term "Seller" shall mean Seller, its affiliates, subcontractors, and suppliers of any tier, and their agents and employees, individually or collectively. Page 130 of 320 Reliable Turbine Services LLC – Confidential and Proprietary - 2020 Page 3 of 5 8.6 The limitations and exclusions in Article 8 shall apply regardless of whether a claim is based in contract, warranty, indemnity, tort, or extra-contractual liability (including negligence), strict liability, or otherwise. 8.7 Buyer’s and Seller’s rights, obligations and remedies arising out of or relating to Products or Services are limited to those rights, obligations, and remedies described in this Contract. Article 8 shall prevail over any conflicting or inconsistent terms in the Contract, except to the extent that such terms further restrict Seller's liability. 9. Dispute Resolution, Governing Law. 9.1 Any dispute arising out of or in connection with the Contract, including any question regarding its existence, validity, or termination, shall be resolved in accordance with this Article 9 and will be settled, if possible, by negotiation of the parties. If a dispute is not resolved by negotiations, either party may, by giving written notice, refer the dispute to a meeting of appropriate higher management of each party, to be held within twenty (20) business days after giving notice. If the dispute is not resolved within thirty (30) business days after the date of the meeting of higher management, or any later date to which the parties may agree, either party may submit any claim, legal action or proceeding (including without limitation claims for set-off or counterclaim) regarding the dispute to the U.S. District Court for the Southern District of Texas, or in the event that such court lacks jurisdiction to hear the claim, in the appropriate state courts of Harris County, Texas, and the parties irrevocably consent to the exclusive jurisdiction of those courts for such claims. Each party submits to and accepts generally and unconditionally the jurisdiction of those courts with respect to its person and property, and irrevocably consents to the service of process in connection with any such action or proceeding by personal delivery to the party or by registered or certified mail, postage prepaid, to its address for notice under the Contract. 9.2 The validity, performance and all matters relating to the interpretation and effect of the Contract and all further documents executed pursuant to it shall be construed and interpreted in accordance with the laws, excluding the rules on the conflict or choice of laws, of the State of Texas, U.S.A. 9.3 In the event of any legal action concerning or arising out of this Contract, the prevailing party shall be entitled to an award of attorney’s fees and legal and accounting fees and costs, in addition to other relief. The term “prevailing party” shall include, without limitation, a party who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other party of its claim or defense. 9.4 No action against Seller for breach hereof shall be commenced more than one year after accrual. 10. Confidentiality. 10.1 In connection with the Contract, Seller and Buyer (as to information disclosed, the “Disclosing Party”) may each provide the other party (as to information received, the “Receiving Party”) with Confidential Information. “Confidential Information” means (a) all pricing information for Products and Services, (b) all Contract terms, (c) all information that is designated in writing as “confidential” or “proprietary” by Disclosing Party at the time of written disclosure, (d) all information that is orally designated as “confidential” or “proprietary” by Disclosing Party at the time of oral disclosure and is confirmed to be “confidential” or “proprietary” in writing within 10 days after oral disclosure, and (e) all information and data regarding Disclosing Party’s or any of its affiliates’ business, operations, business and marketing plans, employees, properties, business goals and strategies, financial data, customers, contractual terms and conditions with third-party vendors, suppliers, and customers, technical data, designs, procedures, methods of operation, material specifications, material source data, drawings, equipment specifications, operating parameters, design variable and constraint information, development techniques or plans, patents, “know-how,” trade secrets, programs, hardware, software, and other technical or proprietary information . The obligations of Article 10 shall not apply as to any portion of the Confidential Information that: (i) is or becomes generally available to the public other than from disclosure by Receiving Party, its representatives, or its affiliates, or a violation of law or breach of an obligation of confidentiality; (ii) is or becomes available to Receiving Party, its representatives, or affiliates on a non- confidential basis from a source other than Disclosing Party when the source is not, to the best of Receiving Party’s knowledge, subject to a confidentiality obligation to Disclosing Party; (iii) is independently developed by Receiving Party, its representatives, or affiliates, without reference to the Confidential Information; (iv) is required to be disclosed by law, a valid legal process or a government agency; (v) is approved for disclosure in writing by an authorized representative of Disclosing Party, or (vi) Seller discloses to its financial advisors for analytical purposes, provided that such financial advisors are subject to an obligation as to confidentiality no less onerous than that set out in Article 10. 10.2 Receiving Party agrees: (i) to use the Confidential Information only in connection with the Contract and permitted use(s) and maintenance of Products and Services, (ii) to take reasonable measures to prevent disclosure of the Confidential Information, except to its employees, agents, attorneys, or financing parties who have a need to know for Receiving Party to perform its obligations under the Contract or to use and maintain Products or Services, who are informed of the confidential nature of the Confidential Information, and who agree to be bound by the confidentiality obligations set forth herein (collectively, the “Representatives”), and (iii) not to disclose the Confidential Information to any third party, including, without limitation, a competitor of Disclosing Party. Seller may disclose Buyer’s Confidential Information or a portion thereof to its affiliates that have a need to know such information, that are informed of the confidential nature of the Confidential Information, and that agree to be bound by the confidentiality obligations set forth herein. Receiving Party agrees to obtain a commitment from any recipient of Confidential Information to comply with the terms of Article 10. Confidential Information shall not be reproduced without Disclosing Party’s written consent, and Receiving Party shall return all copies of Confidential Information to Disclosing Party upon request except to the extent that the Contract entitles Receiving Party to retain the Confidential Information. Seller may also retain one copy of Buyer’s Confidential Information until all its potential liability under the Contract terminates. The Receiving Party shall be responsible for any breach of this Article 10 by any of its Representatives. 10.3 If Receiving Party or any of its affiliates or representatives is required by law, legal process or a government agency to disclose any Confidential Information (including, but not limited to, deposition, interrogatory, request for documents, subpoena, or civil investigative demand), such party agrees to provide Disclosing Party with prompt written notice to permit Disclosing Party to seek an appropriate protective order or agency decision or to waive compliance by Receiving Party with the provisions of Article 10. In the event that efforts to secure confidential treatment are unsuccessful, and if the Receiving Party is, in the opinion of its counsel, compelled to disclose the Confidential Information, Receiving Party may lawfully revise the Confidential Information to make it non-proprietary or to minimize the loss of its proprietary value or disclose that portion of the Confidential Information that its counsel advises that it is compelled to disclose and will obtain assurances that confidential treatment will be accorded to that portion of the Confidential Information that is being disclosed. Receiving Party agrees not to oppose any action of the Disclosing Party intended to obtain a protective order or other reliable assurance that confidential treatment will be accorded to the Confidential Information. 10.4 Confidential Information shall remain the sole property of the Disclosing Party, and nothing in Article 10 grants Receiving Party any license to the Confidential Information, except as specifically set forth herein, or to any invention, patent, trademark or copyright now or later owned or controlled by Disclosing Party. 10.5 Buyer shall not disclose Confidential Information to Seller unless it is required to do so to enable Seller to perform work under the Contract. If Buyer discloses Confidential Information, Buyer warrants that it has the right to disclose the information, and Buyer shall indemnify and hold Seller harmless against any claims or damages resulting from improper disclosure by Buyer. 10.6 Buyer shall not make any public announcement about the Contract or related documents, including its existence, without prior written Seller approval and on Seller approved terms. 10.7 As to any individual item of Confidential Information, the restrictions of Article 10 shall expire five (5) years after termination or expiration of the Contract. Each Receiving Party acknowledges and agrees that to the extent the Confidential Information includes material that is protected under the copyright, trademark, patent, trade secret or other intellectual property rights laws of any jurisdiction, each Receiving Party’s use of such Confidential Information will be subject to the restrictions and obligations created under such laws and may be restricted from disclosure for greater periods of time than those provided above, as provided under such laws. 10.8 Seller and Buyer understand and acknowledge that neither party is making any representation or warranty, express or implied, as to the accuracy or completeness of the Confidential Information, and neither party nor any of its officers, directors, employees, members, shareholders, subsidiaries, affiliates, or Representatives will have any liability resulting from the use of the Confidential Information except with respect to any liability arising under the terms hereunder. 10.9 Article 10 does not supersede any separate confidentiality or nondisclosure agreement signed by the parties. 11. Health and Safety Matters. 11.1 Buyer shall take all necessary precautions, at all times, for the health and safety of Seller personnel at Site. These include, but are not limited to: providing to Seller for review, and instructing Seller’s personnel regarding, Buyer’s safety practices; proper and safe handling of, and protection of Seller’s personnel from exposure to, Hazardous Materials; confined spaces; energization and de-energization of all power systems (electrical, mechanical and hydraulic) using safe and effective lock-out/tag-out (LOTO) procedures including physical LOTO or a mutually agreed upon alternative method; and conducting periodic safety meetings. 11.2 Seller may, from time to time, conduct safety audits to ensure the existence of safe site and working conditions and make recommendations to Buyer concerning them. Whether or not Seller conducts safety audits or makes recommendations, Buyer will remain responsible for providing a work environment that is safe and that complies with all applicable legal requirements. Buyer will make its local medical facilities and resources available to Seller Page 131 of 320 Reliable Turbine Services LLC – Confidential and Proprietary - 2020 Page 4 of 5 personnel who need medical attention, for the duration of their needs. Under no circumstance will Seller personnel be required to work more than any maximum time periods allowed by applicable law. 11.3 If, in Seller’s reasonable opinion, the safe execution of the Contract at Site is, or is apt to be, imperiled by security concerns, local conditions, war (declared or undeclared), armed conflict or threatened conflict, civil unrest, terrorist acts or threats, threat to safety or well-being of the Site or personnel or Seller’s persons or interests, the presence of or threat of exposure to Hazardous Materials, or unsafe working conditions, Seller may, in addition to other rights or remedies available to it, evacuate some or all of its personnel from Site, suspend performance of all or any part of the Contract, or transfer such performance and supervise it at a location solely determined by Seller. Buyer shall assist in any evacuation. Any delay that results shall be considered excusable. 11.4 Before issuing its purchase order, Buyer shall advise Seller in writing of all applicable Site- specific rules, regulations, safety codes, and laws that apply to Products and Services. 11.5 Operation of Buyer’s equipment is the responsibility of Buyer. If Buyer requires or permits Seller’s personnel to operate Buyer’s equipment at Site, Buyer shall indemnify and save Seller, its employees and agents, harmless from expense and liability (including reasonable attorneys’ fees) incurred by or imposed upon Seller, its employees and agents, based upon exposure to Hazardous Materials, injury to persons (including death) or damage to property resulting from operation of equipment at Site by Seller personnel. Buyer shall not require Seller personnel to work on other projects or equipment during the Contract term. 12. Site Access and Conditions; Hazardous Materials. 12.1 Buyer shall provide Seller access to Site and any other facilities free of charge, including but not limited to the operating and development environment and information, lifting beams, slings, tools, craneage, scaffolding, oxygen and acetylene gas and other ancillary equipment, and storage space for special tools or equipment, as necessary for Seller’s performance of the Contract. Prior to Seller starting any work at Site, Buyer will (i) provide documentation that identifies any existing Hazardous Materials on or about the Site, and (ii) allow Seller, at its option, access to Site to perform or have performed a Site evaluation, including without limitation, a review of applicable documents and visual examination of the Site. Whether or not Seller conducts any evaluation, Seller will have no responsibility or liability for existing Site conditions. Buyer shall provide Seller access to results of any monitoring or sampling data related to or in the vicinity of Seller’s work during the Contract term and, if Buyer has reason to believe that Site conditions have changed during the performance of the Contract, shall disclose such information to Seller. 12.2 Seller may, and, if feasible, before such conditions are disturbed, notify Buyer in writing of: (i) subsurface, latent physical or other conditions at Site, including but not limited to Buyer’s health and safety requirements, differing materially from those indicated in the Contract or otherwise disclosed by Buyer, and (ii) previously unknown physical conditions at Site, including archaeological remains, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. Buyer shall promptly investigate those conditions. If it is determined that any conditions do materially differ and cause an increase in Seller's cost of, or the time required for, performance of any part of the work under the Contract, the parties shall make an equitable adjustment in price and schedule and modify the Contract in writing accordingly. 12.3 If, at the Site, Seller encounters Hazardous Materials that require special handling or disposal, Buyer shall immediately take whatever precautions are required to eliminate legally the hazardous conditions so that the work under the Contract may safely proceed. Seller shall not be obligated to commence or continue work until Buyer causes the hazardous conditions to be removed. If any such Hazardous Materials cause an increase in Seller’s cost of or time required for performance of any part of the work, the parties shall make an equitable adjustment to the price and schedule and modify the Contract in writing accordingly. Buyer agrees to properly store, transport and dispose of all Hazardous Materials introduced, produced or generated in the course of Seller’s work at the Site. 13. Indemnification. Buyer shall indemnify, defend, and hold harmless Seller and its shareholders, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, causes of action, demands, judgments and expenses (including, without limitation, consultant and expert expenses, court costs, and reasonable attorneys’ fees) arising out of or relating to (a) any Hazardous Materials which are or were (i) present on or about the Site prior to the commencement of Seller’s work, (ii) improperly handled or disposed of by Buyer or Buyer’s employees, agents, contractors or subcontractors, or (iii) brought, generated, produced or released on Site by parties other than Seller; (b) Buyer’s, or its employees’, agents’, contractors’, or invitees’, negligence; (c) any personal injury or property damage to Seller’s personnel or property at the Site; or (d) Buyer’s breach of the Contract. 14. Termination and Suspension. 14.1 Buyer may terminate the Contract (or any portion thereof) for cause if Seller: (i) substantially breaches a material obligation which does not otherwise have a specified contractual remedy, provided that: (a) Buyer shall first provide Seller with detailed written notice of the breach and of Buyer’s intention to terminate the Contract, and (b) Seller shall have failed, within 60 days after receipt of the notice (or such extended period as is considered reasonable by the parties), to either (1) commence and diligently pursue cure of the breach, or (2) provide reasonable evidence that the breach has not occurred. If Buyer terminates the Contract as provided in this Article 14.1: (a) Buyer shall pay to Seller all portions of the Contract Price allocable to work performed (for example, the price for Products completed or partially completed before the termination), lease fees incurred, and all Services performed at Seller’s then-current standard time and material rates. 14.2 Seller shall have the right to suspend or terminate the Contract (or any portion thereof) immediately for cause if: (i) Buyer becomes insolvent, makes an assignment for the benefit of its creditors, has a receiver or trustee appointed for the benefit of its creditors, or files for protection from creditors under any bankruptcy or insolvency laws; (ii) there is an excusable delay (as per Article 5 above) lasting longer than 120 days; (iii) any representation or warranty made by Buyer herein or in any document or certificate furnished by Buyer in connection herewith proves to be incorrect in any material respect; (iv) Buyer materially fails to comply with any terms of the Contract, including but not limited to, failure or delay in receiving Payment Security under Article 2 or making any payment when due or fulfilling any payment conditions; or (v) Buyer fails or delays making any payment when due or fulfilling any payment conditions under any contract between the parties. 14.3 If the Contract (or any portion thereof) is terminated for any reason other than those set forth in Article 14.1 above, Buyer shall pay Seller for all Products completed or partially completed, lease fees incurred, and Services performed before the effective date of termination, plus a cancellation charge equal to 80% for made to order Products, 30% for Services, and 15% for all other Products, of the Contract Price allocable to the uncompleted Products, unfinished lease term and unperformed Services. The following shall apply when determining the amount due from Buyer for Services performed before the date of termination: (i) for Services performed under time and material pricing, Buyer shall pay for all hours performed at Seller’s then-current standard time and material rates and (ii) for Services performed under a firm fixed price, Buyer shall pay (a) the applicable price for all milestones achieved and (b) for any milestone not yet achieved, all hours performed in connection with the unachieved milestone(s) at Seller’s then-current standard time and material rates. 14.4 Buyer shall pay any reasonable expenses incurred by Seller in connection with a suspension or termination, including expenses for repossession, fee collection, demobilization or remobilization or costs of storage during suspension upon submission of Seller’s invoice(s). The schedule for Seller’s obligations shall be extended for a period of time reasonably necessary to overcome the effects of any suspension. 15. Software, Leased Equipment, Remote Diagnostic Services, PCB Services. If Seller provides any software to Buyer, the terms of this Contract shall apply including the Software License Addendum1. If Seller leases any of Seller’s equipment or provides related Services to Buyer, including placing Seller’s equipment at Buyer’s Site to provide remote Services, the terms of this Contract shall apply including the Lease Addendum 2. If Seller provides any remote diagnostic services to Buyer, the terms of this Contract shall apply including the Remote Diagnostic Services Addendum3. If Seller provides any PCB Services to Buyer, the terms of this Contract shall apply including the PCB Services Addendum4. If there is any conflict between these Terms and Conditions and the terms of any applicable addendum, the terms of the addendum shall prevail. For the purposes of Article 15, "Seller" means Seller, its affiliates, and their successors or assigns. 16. Intellectual Property. 16.1 Seller shall indemnify Buyer against any damages, costs and expenses arising out of any suit, claim, or proceeding (a “Claim”) alleging that Products or Services infringe a patent in effect in the U.S., an EU member state or country of delivery (provided there is a corresponding patent issued by the U.S. or an EU member state), or U.S. copyright or copyright registered in the country of delivery; provided that: (a) Buyer promptly notifies Seller in writing of any such Claim; (b) Buyer makes no admission of liability and gives Seller sole authority, at Seller’s expense, to direct and control all defense, settlement, and compromise negotiations; and (c) Buyer provides Seller with full disclosure and assistance that may be reasonably required to defend any such Claim. 16.2 Seller shall have no obligation or liability with respect to any Claim based upon: (a) any Products or Services that have been altered, modified, or revised; (b) the combination, operation, or use of any Products or Services with other products or services when such Page 132 of 320 Reliable Turbine Services LLC – Confidential and Proprietary - 2020 Page 5 of 5 combination is part of any allegedly infringing subject matter; (c) failure of Buyer to implement any update provided by Seller that would have prevented the Claim; (d) unauthorized use of Products or Services, including, without limitation, a breach of Contract provisions; or (e) Products or Services made or performed to Buyer’s specifications. Buyer shall indemnify, defend, and hold harmless Seller against all damages, costs, and expenses arising out of a Claim related to Buyer’s design, specifications, or instructions. 16.3 Should any Product or Service, or any portion thereof, become the subject of a Claim, Seller may at its option (a) procure for Buyer the right to continue using the Product or Service, or portion thereof, (b) modify or replace it in whole or in part to make it non-infringing, or (c) failing (a) or (b), take back Products or Services and refund any fees received by Seller attributable to the infringing Product or Service. 16.4 This states Seller’s entire liability for indemnification for intellectual property rights infringement for Products and Services. Buyer waives any moral rights. In no event shall Seller’s total liability to Buyer under or as a result of compliance with the provision of this Article 16 exceed the aggregate sum paid to Seller by Buyer for the purchase of the allegedly infringing Products or Services. 16.5 Notwithstanding the foregoing, with respect to any Products or Services, or portions thereof, which are not manufactured or developed by Seller, only the indemnity of the manufacturer or developer, if any, shall apply. 16.6 Each party shall retain ownership of all Confidential Information and intellectual property it had prior to the Contract. All intellectual property conceived, created, or provided by Seller, whether alone or with any contribution from Buyer or its personnel, shall be owned exclusively by Seller. For example, Seller shall own exclusively all rights in ideas, inventions, works of authorship including derivative works, strategies, plans, data, and other intellectual property created in or resulting from the Contract, including but not limited to all patent rights, copyrights, moral rights, rights in proprietary information, database rights, trademark rights and other intellectual property rights. To the extent that Buyer may acquire any right or interest therein, Buyer irrevocably assigns all such right and interest exclusively to Seller and agrees to execute assignments and other documentation as necessary to achieve that result. Nothing in this Contract shall be deemed to grant a license directly or by implication, estoppel, or otherwise, to any such intellectual property, although the parties may provide for such a license in a separate written agreement. 17. Changes. 17.1 Each party may at any time propose changes in the schedule or scope of Products or Services in the form of a draft change order. Some changes requested by Buyer may require analytical or investigative work to evaluate the change, and this evaluation work may be charged to Buyer at prevailing rates. The parties may mutually agree on the length of time within which a decision shall be made regarding the change. Seller is not obligated to proceed with the changed schedule or scope until both parties agree to such change in writing. If mutually agreed, the changes will be documented in a written document signed by representatives of each party who have actual authority to legally bind Buyer or Seller, along with any equitable adjustments in the Contract Price or schedule changes in applicable laws, rules and regulations shall be treated as a change within the meaning, and subject to the requirements, of Article 17. Unless otherwise agreed by the parties, pricing for additional work arising from changes in laws, rules and regulations shall be at time and material rates. 17.2 All Products delivered shall conform to Seller’s part or version number specified or (at Seller’s option) its equivalent or the superseding number subsequently assigned by Seller. If the number ordered is no longer available, Seller is authorized to ship a valid interchangeable Product without notice to Buyer. 18. Inspection and Factory Tests. The quality control exercised by Seller in its manufacture of Products shall be in accordance with Seller’s normal quality control policies, procedures, and practices. 19. General Clauses. 19.1 Products and Services sold by Seller are not intended for use in connection with any nuclear facility or activity without the written consent of Seller. Buyer warrants that it shall not use or permit others to use Products or Services for such purposes, unless Seller agrees to the use in writing. If, in breach of this, any such use occurs, Seller (and its parent, affiliates, suppliers and subcontractors) disclaims all liability for any nuclear or other damages, injury or contamination, and in addition to any other legal or equitable rights of Seller, Buyer shall indemnify and hold Seller (and its parent, affiliates, suppliers and subcontractors) harmless against any such liability. If Seller agrees in writing to any such use, the parties shall agree upon special terms and conditions that provide Seller protections against nuclear liability and which are acceptable to Seller under the then current laws that apply. 19.2 Seller may assign or novate its rights and obligations under the Contract, in part or in whole, to any of its affiliates or may assign any of its account receivables under this Contract to any third party without Buyer’s consent, and may subcontract portions of the work, so long as Seller remains responsible for it. Buyer agrees to execute any documents that may be necessary to effect Seller’s assignment or novation. The delegation or assignment by Buyer of any or all of its duties or rights under the Contract without Seller’s prior written consent shall be void. 19.3 Buyer shall notify Seller immediately upon any change in the ownership of more than fifty percent (50%) of Buyer's voting rights or in Buyer’s controlling interest. If Buyer fails to do so or Seller objects to the change, Seller may (a) terminate the Contract, (b) require Buyer to provide adequate assurance of performance (including but not limited to payment), or (c) put in place special controls regarding Seller’s Confidential Information. 19.4 During the Contract term and for a period of one (1) year after expiration or termination thereto, Buyer agrees not to directly or indirectly solicit, induce, or hire any of Seller’s employees, whether or not working on a Buyer Site. 19.5 If any Contract provision is found to be void or unenforceable, the remainder of the Contract shall not be affected. The parties will replace any such void or unenforceable provision with a new provision that achieves substantially the same practical or economic effect and is valid and enforceable. 19.6 The following Articles shall survive termination or cancellation of the Contract: 2, 3, 4, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 18 and 19. 19.7 The Contract represents the entire agreement between the parties. No modification, amendment, rescission or waiver shall be binding on either party unless agreed in writing by the parties’ authorized representatives. 19.8 For direct and indirect U.S. government contracts or contracts funded in whole or in part by the American Recovery and Reinvestment Act (ARRA) only, all Products and Services provided by Seller shall be considered “commercial items” as defined in FAR Part 2, 2.101 and in accordance with FAR 52.244-6. To the full extent permitted under FAR Part 12, the terms and conditions of FAR 52.212-4 are replaced by the Terms and Conditions set forth in this Contract. Therefore, no governmental contracting provisions, standards or requirements, including without limitation those relating to cost accounting and the Truth- in-Negotiations Act, shall apply except those expressly accepted in writing by Seller. If the reasonableness of the price cannot be established, if cost or pricing data is required for any other reason, or if Products or Services cannot be considered “commercial items” or if the Contract is funded in whole or part by ARRA funds and Buyer has not so notified Seller in writing prior to Seller agreeing to the transaction, Seller may cancel the Contract without liability and be reimbursed for work performed to date. 19.9 This Contract may be executed in multiple counterparts that together shall constitute one agreement. 19.10 Except as provided in Article 8 and in 19.1 above regarding nuclear use, this Contract is for the benefit of the parties and not for any third party. 19.11 Seller and Buyer, expressly intending that no employment, partnership, or joint venture relationship is created by the Contract, hereby agree as follows: (i) neither Buyer nor anyone employed by or acting for or on behalf of Buyer shall ever be or be construed as an employee of Seller, and Seller shall not be liable for employment or withholding taxes respecting Buyer or any employee of Buyer; (ii) Seller shall be free to contract with, and provide Seller’s products and services to, parties other than Buyer during the term of the Contract; (iii) Buyer shall not make any commitment or incur any charge or expense in the name of Seller; (iv) Buyer expressly acknowledges and agrees that except to the extent expressly provided herein, neither Buyer nor anyone employed by or acting for or on behalf of Buyer shall receive or be entitled to any consideration, compensation or benefits of any kind from Seller, including without limitation, pension, profit sharing or similar plans or benefits, or accident, health, medical, life or disability insurance benefits or coverages. 19.12 Buyer agrees not to hire or otherwise solicit the employment of any Seller (or supplier or subcontractor of Seller) employee for a period of two years after the termination of this Contract. Buyer agrees that the damages to Seller for any breach of this section will be substantial, but difficult to ascertain. Accordingly, if Buyer breaches this Section 19.12, it shall pay to Seller an amount equal the amount to the affected employee's annual compensation, as a good faith effort for estimate the fair and reasonable damages, and not as a penalty. Page 133 of 320 R E S O L U T I O N 2023-275 WHEREAS, during the fall outage at Platte Generating Station it was found that the wedges could no longer be tightened without affecting unit reliability; and WHEREAS, to follow the formal bidding process would extend the length of the outage and cost an estimated $50,000 per day for replacement power and contractor costs; and WHEREAS, the Utilities Department requests to use Section 27-13 Emergency Procurement and solicited written bids from contractors; and WHEREAS, the bid from MD&A Repairs Division of St. Louis, Missouri was the low bid in the amount of $244,683.00 and can be completed with the required schedule constraints. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Utilities Department can use Section 27-13 Emergency Procurement to have MD&A Repairs Division of St. Louis, Missouri replace the wedges at a cost of $244,683.00. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 134 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 9.n. Subject: #2023-276 - Approving the Final Plat and Subdivision Agreement for Jaxson Second Subdivision Staff Contact: Chad Nabity BACKGROUND: This property is located south of Old Potash Highway and west of North Road in the City of Grand Island, NE. The property is zoned RD Residential Development Zone. The proposed plat conforms to the approved development plan. The property is 16 lots and 1 outlot 16.766 acres. DISCUSSION: The final plat for Jaxson Second Subdivision was considered at the Regional Planning Commission at the October 11, 2023 meeting on the consent agenda. A motion was made by Ruge and second by Rainforth to approve all items on the consent agenda. The motion carried with eight members voting in favor (O’Neill, Ruge Robb, Nelson, Rainforth, Barnes, Doane and Randone) and no members abstaining or voting no (Allan, Goplin, Monter and Stevenson were absent). Developer/Owner 3MJR, LLC PO BOX 5616 Grand Island, NE 68802 To create Size: Final Plat 16 lot and 1 outlot, 16.667 Acres Zoning: RD – Residential Development Zone. Road Access: Internal streets (Josh and Makayla Avenue) will be 30’ wide private concrete curb and gutter streets. Page 135 of 320 Water: City Water is available to the subdivision and will be extended to all lots. Sewer: City Sewer is available to the subdivision and will be extended to all lots. FISCAL IMPACT: There is no fiscal impact. 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: Move to approve as recommended. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Jaxson 2nd Aerial Map 2. Plat 3. Application 4. Jaxson Second Subdivision Agreement 5. Resolution Page 136 of 320 North Rd SBeachwoodDrCentre StRedwoodRdSilver Rd Old PotashH w y WOld Potash Hwy W NorthRdNWestgate RdMakayla AveJosh AveMabelDrWest Ridge Ln Sun Ridge Ln Prairie Ridge Ln Westgate Rd Lillie Dr Roth Rd Reed Rd Edna Dr Bronze RdJaxson SecondSubdivision ® PROPOSED SUBDIVISIONAERIAL MAP 1 inch = 500 feet Page 137 of 320 N89°55'08"E 475.06'(M) 40' (M,P)S00°04'52"E 404.00'(M)N89°55'08"E 186.36'(M)400.47'(M)N00°04'37"W 404.00'(M)S00°04'37"E 404.00'(M)N00°04'52"W 404.00'(M)LOT 1 LOT 2 LOT 3 LOT 4 LOT 8 LOT 7 LOT 6 LOT 5 LOT 12 LOT 11 LOT 10 LOT 9 LOT 16 LOT 15 LOT 14 LOT 13JOSH AVENUEMAKAYLA AVENUEOUTLOT A40' (M,P) OUTLOT A N89°55'08"E 903.41'(M)S00°04'49"E 812.39'(M,P)N89°34'44"W 903.44'(M,P)N00°04'52"W 804.47'(M,P)N89°55'08"E 161.97'(M,P)101'(M)101'(M)101'(M)101'(M)N89°55'08"E 161.99'(M)101'(M)101'(M)N89°55'08"E 161.98'(M) N89°55'08"E 161.97'(M)101'(M)S89°55'08"W 161.96'(M)101'(M)N89°55'08"E 255.03'(M,P)101'(M)N89°55'08"E 255.04'(M)101'(M)N89°55'08"E 255.05'(M)101'(M)N89°55'08"E 255.05'(M) S89°55'09"W 255.06'(M)101'(M)101'(M)N00°04'52"W101.00'(M)N89°55'08"E 220.00'(M,P)101'(M)N00°04'52"W101.00'(M)N89°55'08"E 220.00'(M)101'(M)N00°04'52"W101.00'(M)N89°55'08"E 220.00'(M)101'(M)S89°55'08"W 220.00'(M)N00°04'52"W101.00'(M)N89°55'08"E 220.00'(M)101'(M)S89°55'08"W 186.36'(M)101'(M)N89°55'08"E 186.41'(M)101'(M)101'(M)N89°55'08"E 186.41'(M)101'(M)101'(M)N89°55'08"E 186.41'(M)101'(M)101'(M)N89°55'08"E 186.41'(M,P)OUTLOT ANOT TO SCALE SEC. 23, T11N, R10W OWNERS: 3MJR, LLC, SUBDIVIDER: RHOADS ENTERPRISES SURVEYOR: OLSSON ENGINEER: OLSSON NUMBER OF LOTS: 13 / 1 OUTLOT EXISTING ROW LINE SET CORNER (5/8"x24" REBAR W/CAP OR AS NOTED) NEW SUBDIVISION BOUNDARY LINE EXISTING PROPERTY LINE FOUND CORNER (5/8" REBAR W/CAP) FAX 308.384.8752 TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 M MEASURED DISTANCE R RECORDED DISTANCE POB NEW PROPERTY LINE WEST LINE NE1/4, NE1/4 Page 138 of 320 FAX 308.384.8752 TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 A TRACT OF LAND CONSISTING OF PART OF OUTLOT A, JAXSON SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 4, JAXSON SUBDIVISION, SAID POINT BEING THE POINT OF BEGINNING; THENCE N89°55'08"E A DISTANCE OF 903.45 FEET TO THE SOUTHEAST CORNER OF LOT 13, SAID JAXSON SUBDIVISION; THENCE S00°04'49"E, ALONG THE EAST LINE OF OUTLOT A, JAXSON SUBDIVISION, A DISTANCE OF 812.39 FEET TO A CORNER ON MOORE'S CREEK DRAINWAY, INST. NO. 201400286, FILED 1/15/2014; THENCE N89°34'44"W, ALONG A NORTH LINE OF SAID MOORE'S CREEK DRAINWAY, A DISTANCE OF 903.44 FEET TO A NORTHWEST CORNER OF SAID MOORE'S CREEK DRAINWAY, SAID POINT ALSO BEING ON THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER (NE1/4, NE1/4); THENCE N00°04'52"W, ALONG SAID WEST LINE, A DISTANCE OF 804.47 FEET THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 730346.89 SQUARE FEET OR 16.766 ACRES MORE OR LESS. I, JESSE E. HURT, A NEBRASKA REGISTERED LAND SURVEYOR NO. 674, DULY REGISTERED UNDER THE LAND SURVEYOR'S REGULATION ACT, DO HEREBY STATE THAT I HAVE PERFORMED A SURVEY OF THE LAND DEPICTED ON THE ACCOMPANYING PLAT; THAT SAID PLAT IS A TRUE DELINEATION OF SAID SURVEY PERFORMED PERSONALLY OR UNDER MY DIRECT SUPERVISION; THAT SAID SURVEY WAS MADE WITH REFERENCE TO KNOWN AND RECORDED MONUMENTS MARKED AS SHOWN, AND TO THE BEST OF MY KNOWLEDGE AND BELIEF IS TRUE, CORRECT AND IN ACCORDANCE WITH THE LAND SURVEYOR'S REGULATION ACT IN EFFECT AT THE TIME OF THIS SURVEY. ________________________________________________________ JESSE E. HURT, REGISTERED LAND SURVEYOR NUMBER, LS-674 KNOW ALL MEN BY THESE PRESENTS, THAT 3MJR, LLC, A NEBRASKA LIMITED LIABILITY COMPANY, BEING THE OWNER OF THE LAND DESCRIBED HEREON, HAVE CAUSED SAME TO BE SURVEYED, SUBDIVIDED, PLATTED AND DESIGNATED AS "" IN PART OF OUTLOT A, JAXSON SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AS SHOWN ON THE ACCOMPANYING PLAT THEREOF AND DO HEREBY DEDICATE THE ROAD RIGHT OF WAY, AS SHOWN THEREON TO THE PUBLIC FOR THEIR USE FOREVER: AND HEREBY DEDICATE THE EASEMENTS, AS SHOWN THEREON TO THE PUBLIC FOR THEIR USE FOREVER FOR THE LOCATION, CONSTRUCTION AND MAINTENANCE FOR PUBLIC SERVICE UTILITIES, TOGETHER WITH THE RIGHTS OF INGRESS AND EGRESS HERETO, AND HEREBY PROHIBITING THE PLANTING OF TREES, BUSHES AND SHRUBS, OR PLACING OTHER OBSTRUCTIONS UPON, OVER, ALONG OR UNDERNEATH THE SURFACE OF SUCH EASEMENTS;AND THAT THE FOREGOING SUBDIVISION AS MORE PARTICULARLY DESCRIBED IN THE DESCRIPTION HEREON AS APPEARS ON THIS PLAT IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS AND PROPRIETORS. IN WITNESS WHEREOF, I HAVE AFFIXED MY SIGNATURE HERETO, AT ________________, NEBRASKA, THIS ____ DAY OF ____________, 2023. 3MJR, LLC _______________________________ BY: JOSHUA R. RHOADS, MEMEBER ON THIS ____ DAY OF ___________, 2023, BEFORE ME ________________________, A NOTARY PUBLIC WITHIN AND FOR SAID COUNTY, PERSONALLY APPEARED JOSHUA R. RHOADS, MEMEBER , 3MJR, LLC, A NEBRASKA LIMITED LIABILITY COMPANY, TO ME PERSONALLY KNOWN TO BE THE IDENTICAL PERSON WHOSE SIGNATURE IS AFFIXED HERETO AND ACKNOWLEDGED THE EXECUTION THEREOF TO BE HIS VOLUNTARY ACT AND DEED. IN WITNESS WHEREOF, I HAVE HEREUNTO SUBSCRIBED MY NAME AND AFFIXED MY OFFICIAL SEAL AT ________________ , NEBRASKA, ON THE DATE LAST ABOVE WRITTEN. MY COMMISSION EXPIRES ___________ _____________________________ NOTARY PUBLIC SUBMITTED TO AND APPROVED BY THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, CITIES OF GRAND ISLAND, WOOD RIVER, AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN, NEBRASKA. _______________________________ __________ CHAIRPERSON DATE APPROVED AND ACCEPTED BY THE CITY OF GRAND ISLAND, NEBRASKA THIS _____ DAY OF ________________ , 2023. _______________________________ MAYOR _______________________________ CITY CLERK OWNERS: 3MJR, LLC SUBDIVIDER: RHOADS ENTERPRISES SURVEYOR: OLSSON ENGINEER: OLSSON NUMBER OF LOTS: 13 / 1 OUTLOT NOT TO SCALE SEC. 23, T11N, R10W Page 139 of 320 Page 140 of 320 SUBDIVISION AGREEMENT JAXSON SECOND SUBDIVISION LOTS 1-16 INCLUSIVE and OUTLOT A In the City of Grand Island, Hall County Nebraska The undersigned RHOADS ENTRPRISES INC., hereinafter called the Subdivider, as owner of a tract of land in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: A TRACT OF LAND CONSISTING OF OUTLOT A OF JAXSON SUBDIVISION desires to have subdivided as a subdivision the foregoing tract of land located within the corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of such City for acceptance as provided by law an accurate map and plat of such proposed subdivision, to be known as JAXSON SECOND SUBDIVISION, designating explicitly the land to be laid out and particularly describing the lots, easements, and streets belonging to such subdivision, with the lots designated by number, easements by dimensions, and streets by name, and proposes to cause the plat of such subdivision when finally approved by the Regional Planning Commission and the City Council to be acknowledged by such owner, certified as to * This Space Reserved for Register of Deeds * Page 141 of 320 - 2 - accuracy of survey by a registered land surveyor, and to contain a dedication of the easements to the use and benefit of public utilities, and of the street to the use of the public forever. In consideration of the acceptance of the plat of said JAXSON SECOND SUBDIVISION, the Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the following improvements: 1.Residential Development Zone. This subdivision is within a designated Residential Development Zone and shall be regulated in accordance with Chapter 36 of the Grand Island City Code. A Development Plan as shown on Exhibit A, attached hereto and incorporated herein by reference is hereby approved for such Subdivision. Any amendments to such Development Plan shall be approved by the City of Grand Island in accordance with the Grand Island City Code. The official Development Plan shall be on file with the City's Planning Department. 2.Paving. The Subdivider agrees to waive the right to object to the creation of any paving or repaving district for Old Potash Highway where it abuts the subdivision. The Subdivision agrees that Josh Avenue and Makayla Avenue are private streets that will be maintained by the owner(s) of lots 1-16 and Outlot A of JAXSON SECOND SUBDIVISION or a property owners association set up for that purpose. 3.Water. Public water is available to the subdivision and the Subdivider agrees to extend, connect and provide water service to all lots in the subdivision in accordance with plans and specifications approved by the Director of Public Works, and subject to the City’s inspection. 4.Sanitary Sewer. Public sanitary sewer is available to the subdivision and Page 142 of 320 - 3 - the Subdivider agrees to extend, connect and provide sanitary sewer service to all lots in the subdivision in accordance with plans and specifications approved by the Director of Public Works, and subject to the City’s inspection. 5.Storm Drainage. The Subdivider agrees to grade all lots in the subdivision in conjunction with the development proposed thereon so that storm drainage is conveyed to a public right-of-way or to other drainage systems so approved by the Director of Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a drainage district to perform such work. The Subdivider agrees to waive the right to object to the creation of any drainage district benefitting the subdivision. 6.Sidewalks. The Subdivider shall install and maintain all public sidewalks required by the City of Grand Island. The Subdivider shall provide sidewalks adjacent to the private streets when each lot is built upon. 7.Electric. The Subdivider agrees to install all conduit, both primary and secondary, as well as all necessary transformer pads in the subdivision in accordance with plans and specifications approved by the Utilities Department, and subject to the City’s inspection. 8.Design and Construction. No building shall be constructed except within the Building Envelope Areas as defined on the Development Plan (Exhibit "A"). The buildings to be constructed shall be consistent with the designs approved with the development plan no more than 192 units of single story 2 and 3 bedroom apartments in buildings with between 3 and 5 units per building as shown in the attached development plan and attached elevations and floor plans. No portion of any building constructed (including architectural features) shall exceed a height of 35 feet above the center of the street at the midpoint of the front property line. Roof Page 143 of 320 - 4 - eaves may comply with §36-26 Projections from Buildings and project outside of the building envelope and into the buffer yard. 9. Parking. The Subdivider agrees to sign and enforce no parking on the private streets. 10.Landscaping. The Subdivider agrees to comply with the requirements of the Landscaping Regulations of the City of Grand Island. The Subdivider shall install and maintain landscaping at its own expense. 11. Outlot A. Development of Outlot A shall be restricted until such time as the developer brings forward final plats for approval consistent with the most current approved development plan. 11.Easements. Any easements shall be kept free of obstructions and the Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions. In addition, the duty to maintain the surface of any easements to keep them clear of any worthless vegetation or nuisance shall run with the land. 12.Engineering Data. All final engineering plans and specifications for public improvements shall bear the signature and seal of a professional engineer registered in the State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works for approval prior to contracting for construction of any improvements. Inspections of improvements under construction shall be performed under the supervision of a professional engineer registered in the State of Nebraska, and upon completion shall be subject to inspection and approval by the Department of Public Works prior to acceptance by the City of Grand Island. An "as built" set of plans and specifications including required test results bearing the Page 144 of 320 - 5 - seal and signature of a professional engineer registered in the State of Nebraska shall be filed with the Director of Public Works by the Subdivider prior to acceptance of these improvements by the City. 13.Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in fee simple of the land described and proposed to be known as JAXSON SECOND SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for examination, if necessary, upon request of the City of Grand Island. 14.Successors and Assigns. This agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots in the subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not performed such conditions. Page 145 of 320 - 6 - Dated _____________________, 2023. 3MJR LLC, a By: ____________________________________ Joshua R. Rhoads, Member STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2023, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Joshua R. Rhoads, Member 3MJR LLC,, known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed on behalf of 3MJR LLC. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ Page 146 of 320 - 7 - CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation By: ____________________________________ Roger G. Steele, Mayor Attest: ___________________________________ __ RaNae Edwards, City Clerk STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2023, before me, the undersigned,, a Notary Public in and for said County and State, personally came Roger G. Steele, Mayor of the City of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution 2023-____, and that the City's corporate seal was thereto affixed by proper authority. WITNESS my hand and notarial seal the date above written. ______________________________________________ Notary Public My commission expires: ____________________ Page 147 of 320 R E S O L U T I O N 2023-276 WHEREAS know all men by these presents, that 3MJR, LLC, A Nebraska Limited Liability Company, being the owner of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as “JAXSON SECOND SUBDIVISION”, In outlot A, Jaxson Subdivision in the City of Grand Island, Hall County, Nebraska. WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement herein before described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of JAXSON SECOND SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 148 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 9.o. Subject: #2023-277 - Approving the Final Plat and Subdivision Agreement for Eagle Lake Estates Fourth Subdivision Staff Contact: Chad Nabity BACKGROUND: This property is located north of Stoneridge Path and east of Linden Avenue in the jurisdiction of the City of Grand Island, NE. The property is zoned LLR Large Lot Residential. The property is 3 lots and 12.478 acres. This property currently has 1 lot and 2 metes and bounds parcels. The metes and bounds parcels do not have legal access to Linden Avenue and use the shared driveway. This subdivision will give all 3 lots and 3 houses direct access to Linden Avenue. It also changes the property boundaries between the owners in accordance with their agreements. DISCUSSION: The final plat for Eagle Lake Estates Fourth Subdivision was considered at the Regional Planning Commission at the October 11, 2023 meeting on the consent agenda. A motion was made by Ruge and second by Rainforth to approve all items on the consent agenda. The motion carried with eight members voting in favor (O’Neill, Ruge Robb, Nelson, Rainforth, Barnes, Doane and Randone) and no members abstaining or voting no (Allan, Goplin, Monter and Stevenson were absent). Developer/Owner Brock Emery and others 557 Linden Ave Grand Island, NE 68801 Size: Final Plat 3 lots, 12.478 Acres Zoning: LLR Large Lot Residential Page 149 of 320 Road Access Lots are all accessible from Linden Lane. Linden Lane is a rural section county road. Water: Water is not available. Sewer: Sewer is not available FISCAL IMPACT: Move to approve as recommended. 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: Move to approve as recommended. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Aerial Map 2. Plat 3. Application 4. Subdivision Agreement 5. Resolution Page 150 of 320 Kuester Lk Stoneridge Path Tara Pl Tara Ct Bismark Rd E PheasantDrIvy Hall CtPheasant PlLola DrAustin AveLakeside Dr Ravenwood DrSwan LnLin d e nAveLindenAve Quail Ln KuesterLkEagle LakeEstates FourthSubdivision ® PROPOSED SUBDIVISIONAERIAL MAP 1 inch = 500 feet Page 151 of 320 Page 152 of 320 Page 153 of 320 SUBDIVISION AGREEMENT EAGLE LAKE ESTATES FOURTH SUBDIVISION 1-3 Lots Inclusive In the City of Grand Island, Hall County Nebraska The undersigned, SHAY P. McGOWAN and JACEY L. McGOWAN, DOUGLAS J. EMERY, BROCK J. EMERY and VALERIE E. EMERY hereinafter called the Subdivider, as owner of a tract of land in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: A tract of land comprising all of Lot Twenty Five (25), Eagle Lake Estates Subdivision and a part of the Northwest Quarter of the Southeast Quarter (NW¼Se¼), Section Thirteen (13), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska. More particularly described as follows: Beginning at the southeast corner of said Lot 25; thence N 00°06'57" W a distance of 600.01 feet to a point; thence N 00°01'24" W a distance of 59.96 feet to a point; thence N 33°16'52" W a distance of 79.68 feet to a point; thence S 76°53'03" W a distance of 130.85 feet to a point; thence N 75°50'22" W a * This Space Reserved for Register of Deeds * Page 154 of 320 - 2 - distance of 252.14 feet to a point; thence S 72°25'47" W a distance of 97.78 feet to a point; thence N 89°02'10" W a distance of 89.78 feet to a point; thence S 79°08'00" W a distance of 123.74 feet to a point; thence S 70°36'22" W a distance of 94.13 feet to a point; thence S 02°39'08" W a distance of 307.04 feet to a point; thence S 23°02'53" E a distance of 58.80 feet to a point; thence S 07°25'55" E a distance of 167.35 feet to a point; thence S 39°04'25" W a distance of 114.92 feet to a point; thence S 66°19'29" W a distance of 68.45 feet to a point; thence S 48°58'41" E a distance of 47.63 feet to a point; thence S 89°56'25" E a distance of 468.23 feet to a point; thence N 89°47'23" E a distance of 84.18 feet to a point; thence S 89°58'23" E a distance of 326.11 feet to the Point of Beginning. Said tract contains 13.478 acres more or less; desires to have subdivided as a subdivision the foregoing tract of land located within the corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of such City for acceptance as provided by law an accurate map and plat of such proposed subdivision, to be known as EAGLE LAKE ESTATES FOURTH SUBDIVISION, designating explicitly the land to be laid out and particularly describing the lots, easements, and streets belonging to such subdivision, with the lots designated by number, easements by dimensions, and streets by name, and proposes to cause the plat of such subdivision when finally approved by the Regional Planning Commission and the City Council to be acknowledged by such owner, certified as to accuracy of survey by a registered land surveyor, and to contain a dedication of the easements to the use and benefit of public utilities, and of the street to the use of the public forever. In consideration of the acceptance of the plat of said EAGLE LAKE ESTATES FOURTH SUBDIVISION, the Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the following improvements: 1.Paving. The Subdivider agrees to waive the right to object to the creation Page 155 of 320 - 3 - of any paving or repaving district for Linden Lane where it abuts the subdivision. 2.Water. Public water supply is not available to the subdivision. Therefore, individual water well systems shall be permissible on an initial basis. The Subdivider waives the right to protest the creation of any future water district within or abutting the subdivision. 3.Sanitary Sewer. Public sanitary sewer main is not available to the subdivision; therefore individual systems shall be permissible on an initial basis. However, the Subdivider waives the right to protest the creation of a sanitary sewer district within or abutting the subdivision. 4.Storm Drainage. The Subdivider agrees to provide and maintain positive drainage from all lots, according to the drainage plan, so that storm drainage is conveyed to a public right-of-way or to other drainage systems so approved by the Director of Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a drainage district to perform such work. The Subdivider agrees to waive the right to object to the creation of any drainage district benefitting the subdivision. 5.Sidewalks. Immediate sidewalk construction adjacent to Linden Lane shall be waived. However, the sidewalks shall be constructed when the property owner is directed to do so by the City Council. In the event a Street Improvement District is created to pave any public street in the subdivision, the Subdivider agrees to install public sidewalks within one year of the completion of such street improvement district in accordance with the City of Grand Island Sidewalk Policy. 6.Flood Plain. Since portions of the subdivision are within a delineated flood plain, all structures within areas identified as a special flood hazard area constructed shall have the lowest floor elevation to a minimum of one foot above the elevation of the 100-year Page 156 of 320 - 4 - flood as determined by the building permit received by the Subdivider or successors from the City of Grand Island under the provisions of applicable Federal, State, or local laws and regulations. No basement shall be constructed in connection with any structure in the flood plain unless such basement is flood proofed and certified as such by a qualified engineer or architect. 7.Easements. Any easements shall be kept free of obstructions and the Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions. In addition, the duty to maintain the surface of any easements to keep them clear of any worthless vegetation or nuisance shall run with the land. 8.Engineering Data. All final engineering plans and specifications for public improvements shall bear the signature and seal of a professional engineer registered in the State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works for approval prior to contracting for construction of any improvements. Inspections of improvements under construction shall be performed under the supervision of a professional engineer registered in the State of Nebraska, and upon completion shall be subject to inspection and approval by the Department of Public Works prior to acceptance by the City of Grand Island. An "as built" set of plans and specifications including required test results bearing the seal and signature of a professional engineer registered in the State of Nebraska shall be filed with the Director of Public Works by the Subdivider prior to acceptance of these improvements by the City. 9.Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in fee simple of the land described and proposed to be known as EAGLE LAKE ESTATES FOURTH SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for examination, if necessary, upon request of the City of Grand Island. Page 157 of 320 - 5 - 10.Successors and Assigns. This agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots in the subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not performed such conditions. Dated _____________________, 2023. Shay P. McGowan, Subdivider Jacey L. McGowan, Subdivider By: ___________________________ By: Shay P. McGowan Jacey L. McGowan STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2023, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Shay P. McGowan, known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2023, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jacey L. McGowan, known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public Page 158 of 320 - 6 - My commission expires: __________________________ Douglas J. Emery, Subdivider By: ____________________________________ Douglas J. Emery STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2023, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Douglas J. Emery, known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ Brock J. Emery, Subdivider Valerie E. Emery, Subdivider By: ___________________________ By: Brock J. Emery Valerie E. Emery STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2023, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Brock J. Emery, known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public Page 159 of 320 - 7 - My commission expires: __________________________ STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2023, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Valerie E. Emery, known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation By: ____________________________________ Roger G. Steele, Mayor Attest: ___________________________________ __ RaNae Edwards, City Clerk STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2023, before me, the undersigned,, a Notary Public in and for said County and State, personally came Roger G. Steele, Mayor of the City of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution 2023-____, and that the City's corporate seal was thereto affixed by proper authority. WITNESS my hand and notarial seal the date above written. ______________________________________________ Notary Public Page 160 of 320 - 8 - My commission expires: ____________________ Page 161 of 320 R E S O L U T I O N 2023-277 WHEREAS know all men by these presents, that Shay P. McGowan and Jacey L. McGowan, Douglas J. Emery, Brock J. Emery and Valerie E. Emery, being the owners of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as “EAGLE LAKE ESTATES FOURTH SUBDIVISION”, A tract of land comprising all of Lot Twenty Five (25), Eagle Lake Estates Subdivision and a part of the Northwest Quarter of the Southeast Quarter (NW ¼ SE ¼ ) , Section Thirteen (13), Township Eleven (11) North Range Nine (9) West of the 6th P.M., in the zoning jurisdiction of the City of Grand Island, Hall County, Nebraska. WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement herein before described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of EAGLE LAKE ESTATES FOURTH SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 162 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 9.p. Subject: #2023-278 - Approving Cleargov FY24 Annual Fee Staff Contact: Patrick (Pat) Brown BACKGROUND: On April 25, 2023, Council approved the purchase and implementation of the ClearGov budget, budget book and transparency software for the City of Grand Island. This software is the budget tool for the whole city. This is a cloud- based product which requires an annual charge for our continued use. DISCUSSION: The total cost for the ClearGov software package for the period of 10/1/2023 to 9/30/2024 is $73,645.00. ClearGov’s cloud-native Budget Cycle Management suite provides efficiency at every step of the process so you can budget better. The financial solutions are easy-to-use, complementing our existing Tyler MUNIS accounting system, and automatically deliver website-based results that Grand Island and council members will appreciate. Capital budgeting - automates the process we currently have in place along with prioritizing projects. Eliminate manual spreadsheet work with web-based request forms and scenario planning tools. It allows the users to collaborate with contributors directly in the budget. The capital request data turns into detailed pages instantly with auto- generated graphs. Personnel budgeting – builds the personnel budget. It will easily manage salaries, benefits, vacancies, and inform union negotiations. We can plan future scenarios and analyze how each impacts our budget at multiple levels. It would streamline position requests from department heads. Operational budgeting – the ability to build budgets with ease as requests flow in from departments automatically for approval. Create AI-driven forecasts for long-term planning or use a baseline for budget. Easier collaboration with contributors as line items are edited. Page 163 of 320 Digital Budget Book – the industry’s first website-based solution that builds a budget book in a fraction of the time. Automate the creation of fund summary pages, charts, tables and more. Invite contributors to create new pages quickly with easy-to-use templates. ClearGov meets GFOA award criteria with built-in guidelines. Transparency – the ability to tell our financial story in a way everyone can understand, and that’s ADA-optimized by design. The turnkey, website-based solution is pre- populated with state-available data using dynamic infographics. It will customize our profile with charts, department dashboards, project pages, and more. We’ll be able to add a narrative to the numbers that help stakeholders understand our finances and performance. FISCAL IMPACT: The fiscal year 2024 total cost is $73,645.00. 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 presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve the renewal of ClearGov Budgeting software. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. ClearGov Annual Invoice FY24 2. Resolution Page 164 of 320 Page 165 of 320 Page 166 of 320 R E S O L U T I O N 2023-278 WHEREAS, on April 25, 2023, by Resolution 2023-102, the City of Grand Island approved the purchase of ClearGov budgeting software; and WHEREAS, in order to receive continued access, upgrades and technical assistance from the company, it is necessary to pay an annual fee; and WHEREAS, the cost for the period of October 1, 2023 to September 30, 2024 for is $73,645.00; and WHEREAS, the proposed agreement has been reviewed and approved by the City Attorney’s office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the annual fee between the City and ClearGov, Inc. for the amount of $73,645.00 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 167 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 10.a. Subject: Public Hearing on Request from Bosselman Food Services Inc dba Thunder Road Sports Bar, 1607 South Locust Street, for a Class "IK” Liquor License #2023-279 - Approving Request from Bosselman Food Services Inc dba Thunder Road Sports Bar, 1607 South Locust Street, for a Class "IK” Liquor License and Liquor Manager Designation for Kinsey Aitken, 2529 W Anna Street, Grand Island, Nebraska. Staff Contact: Jill Granere BACKGROUND: Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: 1. To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; 2. To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and 3. To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. DISCUSSION: Bosselman Food Services Inc. dba Thunder Road Sports Bar, 1607 South Locust Street, Suite B for a Class "IK” Liquor License . A Class “IK” Liquor License allows for the sale of alcohol on sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Page 168 of 320 Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. See attached Police Department report. Also submitted was a request for Liquor Manager Designation for Kinsey Aitken, 2529 W Anna Street, Grand Island, Nebraska . Kinsey Aitken has completed a state approved alcohol server/seller training program. Staff recommends approval of the liquor license contingent upon final inspections and liquor manager designation for Kinsey Aitken, 2529 W Anna Street, Grand Island, Nebraska. FISCAL IMPACT: There is no fiscal impact. 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 presented in this motion. RECOMMENDATION: Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Police Report 2. Map 3. Resolution Page 169 of 320 10/19/23 Grand Island Police Department Officer Report for Incident L23101384 Nature:  Liquor Lic Inv Address:  1607 LOCUST ST S STE B Location:  PCID Grand Island NE 68801 Offense Codes:   Received By:  Dvorak T How Received:  T Agency:  GIPD Responding Officers:  Dvorak T Responsible Officer:  Dvorak T Disposition:  CLO 10/19/23 When Reported:  14:09:06 10/17/23 Occurred Between:  14:09:06 10/17/23 and 14:09:06 10/17/23 Assigned To:   Detail:   Date Assigned:  **/**/** Status:   Status Date:  **/**/**Due Date:  **/**/** Complainant:    Last:    First:    Mid:    DOB:   **/**/**Dr Lic:    Address:    Race:    Sex:    Phone:    City:   , Offense Codes Reported:    Observed:    Circumstances LT03 LT03 Bar/Night Club Responding Officers:   Unit :   Dvorak T 309 Responsible Officer:   Dvorak T Agency:   GIPD Received By:   Dvorak T Last Radio Log:   **:**:** **/**/** How Received:   T Telephone Clearance:   CL CL Case Closed When Reported:   14:09:06 10/17/23 Disposition:   CLO Date:   10/19/23 Judicial Status:    Occurred between:   14:09:06 10/17/23 Misc Entry:    and:   14:09:06 10/17/23 Modus Operandi:   Description :   Method :   Involvements Date Type Description 10/19/23 Name Bosselman-Lofing, Brandi K President Page 170 of 320 Officer Report for Incident L23101384 Page 2 of 6 10/19/23 10/19/23 Name Bosselman, Charles D Jr CEO 10/17/23 Name Aitken, Kinsey Ann proposed manager 10/17/23 Name Aitken, Joshua T spouse 10/17/23 Name Thunder Road Sports Bar, location Page 171 of 320 Officer Report for Incident L23101384 Page 3 of 6 10/19/23 Narrative Thunder Road Sports Bar Offense Narrative Grand Island Police Department Bosselman Food Services Inc, located at the Bosselman Corporate facility at 1600 S Locust, has applied for a Class I/K liquor license; beer, wine and distilled spirits on sale only with a catering endorsement; for their restaurant location located at 1607 S Locust Suite B. This is the location of the former Tommy Gunz Bistro and liquor store. Although the business has closed, there is still an active liquor license on file for Bosselman Food Services Inc/Tommy Gunz Bistro. Kinsey Aitken has applied to become the Liquor Manager for the new iteration on that site. _____________________________________________ Responsible LEO: _____________________________________________ Approved by: _____________________________________________ Date Page 172 of 320 Officer Report for Incident L23101384 Page 4 of 6 10/19/23 Supplement 309 Thunder Road Sports Bar Grand Island Police Department Supplemental Report Date, Time:10-13-23 Reporting Officer:Sgt Dvorak #309 Unit #:CID Bosselman Food Services Inc has applied for a Liquor License at the location of Tommy Gunz Bistro and liquor store after a re-branding. Tommy Gunz is still listed as an active liquor license, but due to an extensive remodel and the change of name, a new Class I/K License is requested. Bosselman Enterprises, under different LLC's, currently hold dozens of active liquor licenses across the State of Nebraska. Charlie and Brandi Bosselman are the CEO and President of each of those businesses, and listed on each license. Because Bosselman Enterprises currently holds many active licenses, I did not check on Charlie or Brandi's background status. Laura Bosselman, listed as the spouse of Charlie Bosselman, signed a spousal affidavit of non participation form. I did not note a spouse listed for Brandi. The proposed Liquor Manager for the new Thunder Road Sports Bar is Kinsey Aitken; nee Bosselman; who is also holds the same title for many of the other Bosselman Enterprises valid liquor licenses, and has had extensive background checks due to her position. Kinsey lists Joshua Aitken as her spouse. Joshua also signed a spousal affidavit of non participation form. I consulted local Spillman files, State NCJIS files, and a law enforcement only database to check the status of Kinsey's application as Manager. I first verified that neither Kinsey nor Josh had outstanding warrants. I noted some traffic violations that were disclosed on the application. I found no criminal convictions or items of concern. The law enforcement only database focuses generally on items of a civil nature, and I noted no bankruptcies, liens or civil judgements. All my checks turned up nothing that would disqualify Kinsey or Joshua. On 10-19-23 NSP Investigator Suchsland and I met with Kinsey Aitken at the former Tommy Gunz Bistro, located in the Bosselman Corporation building at 1607 S Locust. The interior space was undergoing a complete remodel, and would not be open for business quickly. Kinsey gave us a tour of the space, including event/banquet rooms on both the north and south sides of the main restaurant. She explained that the new Thunder Road would follow the existing style of the other restaurant located at the I-80 truck stop, with a race car theme and sports bar atmosphere. Suchsland covered Liquor Commission concerns, and we talked about manager responsibilities. Kinsey advised that a site manager had yet to be selected. She anticipated about 20-22 employees, not counting the Banquet Manager. I stressed cooperation with GIPD for any problems or issues that might arise, although I am unaware of any reported problems at Tommy Gunz in the same location. Kinsey said they will have a "gaming room" with legal/licensed gaming machines, on site. Aitken said she currently acts as Liquor Manager for other Bosselman properties, and is up to date on her licensing requirements, and understands the distributor process. She advised that the new restaurant will have a surveillance system, Page 173 of 320 Officer Report for Incident L23101384 Page 5 of 6 10/19/23 and advised that they are planning to be open by Thanksgiving. Kinsey said they are still working with the City planning department to re-designate the Suite addresses, since the new configuration is different than the old Bistro and Liquor Store set up. The Grand Island Police Department has no objections to Bosselman Food Services Inc, doing business as Thunder Road Sports Bar, being issued a class I/K Liquor license for their new restaurant at 1607 S Locust. We also do not object to Kinsey Aitken as Liquor Manager for the new business. Page 174 of 320 Eddy St SFonner Park Rd W Kingswood DrHolcomb St PineSt SSaratoga Cir ONeillCir Hedde St W Santa Anita DrOakSt SSylvan StVine StSStolley Park Rd W Stolley Park Rd E Fonner Park Rd E Locust St SChanticleerStBellwood DrBantamStGamma St Lincoln Ave SBrahma St Oxnard Ave Windolph Ave Delta St Roush Ln State Fair BlvdIsland Oasis DrLoc ustS tSPictometry, Grand Island, Hall County Legend 1607 S LOCUST ST, STE B Non-Class C Liquor Licensed Locations Class C Liquor Licensed Locations Road Centerlines ¯ Liquor License Application Class "IK": Thunder Road Sports Bar 0 500250 Feet P:\MXD_Files\ArcGIS_Pro\Liqour_Liciense\Liqour_Liciense.aprx 1607 S LOCUST ST, STE B Page 175 of 320 R E S O L U T I O N 2023- WHEREAS, an application was filed by Bosselman Food Services Inc dba Thunder Road Sports Bar, 1607 South Locust Street, for a Class "IK” Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on October 14, 2023; such publication cost being $14.80; and WHEREAS, a public hearing was held on October 24, 2023 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ ____ The City of Grand Island hereby recommends approval Kinsey Aitken, 2529 W Anna Street, Grand Island, Nebraska for liquor manager. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 176 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 10.b. Subject: Public Hearing on Proposed Blighted and Substandard Area 39 for Approximately 150 Acres Located in Southern Grand Island west of U.S. Highway 281 and north and south of Wildwood Drive. (Chief Industries) #2023-280 - Approving Proposed Blighted and Substandard Area 39 for Approximately 150 Acres Located in Southern Grand Island west of U.S. Highway 281 and north and south of Wildwood Drive. (Chief Industries) Staff Contact: Chad Nabity BACKGROUND: Chief Industries commissioned a Blight and Substandard Study for Proposed Redevelopment Area No. 39. This study is approximately 150 acres of property west of U.S. Highway 281 north and south of Wildwood Drive. (Study Area). On September 12, 2023 Council referred the attached study to the Planning Commission for its review and recommendation. The study as prepared and submitted indicates that this property could be considered blighted and substandard. The full study is attached for your review and consideration. The decision on whether to declare an area substandard and blighted is entirely within the jurisdiction of the City Council. DISCUSSION: A general memo of the process and statutory authority to declare is an area blighted an substandard is attached. A flow chart of the blight declaration process is shown in Figure 1. At this time, the Council is only concerned with determining if the property is blighted and substandard. Figure 2 in that memo is an overview of the differences between the blight and substandard declaration and the redevelopment plan. If a declaration as blighted and substandard is made by Council then the Community Redevelopment Authority (CRA) can consider appropriate redevelopment plans. The redevelopment plans must also be reviewed by the Planning Commission and approved by Council Page 177 of 320 prior to final approval. The City of Grand Island, as a City of the First Class, is permitted to designate an area of up to 35% of the municipal limits as blighted and substandard. As of October 17, 2023, 25.31% of the City has been declared blighted and substandard. Area 39 would add 150 acres to the total of blighted and substandard property and would, if approved, add 0.77% to the total area declared blighted and substandard bringing the total to 26.01%. This is further modified, as allowed by statute, by reducing the total by the amount that is also declared extremely blighted; 1199.09 acres or 6.15%. The net blighted and substandard area in Grand Island is 19.95%, well below the 35% maximum. Planning Commission Recommendation The Regional Planning Commission held a public hearing and took action on the blight and substandard study proposed Area 39 during its meeting on October 11 2023. O’Neill opened the public hearing. Nabity stated the study as prepared and submitted indicates that this property could be considered substandard and blighted. The property meets the criteria to be declared blighted and substandard of its own accord. Roger Bullington – commented on the importance of development and growth for the Page 178 of 320 City of Grand Island. The proposed property would be a good way to build Grand Island up and closer to I80. O’Neill closed the public hearing. A motion was by Ruge and second by Nelson to approve the Substandard and Blight Study for CRA Area #39 and Resolution 2024-01. The motion carried with eight members voting in favor (O’Neill, Ruge, Barnes, Nelson Rainforth, Doane, Robb, and Randone) and no members abstaining or voting no (Allan, Monter, Goplin and Stevenson were absent). FISCAL IMPACT: Move to approve as recommended. 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: There is no fiscal impact at this time. This will allow developers to request Tax Increment Financing. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. General Blight Study Memo 2. Blight Study Study Area 39 3. Planning Resolution 4. Resolution Page 179 of 320 Council Agenda Memo From:Regional Planning Commission Meeting:June 13, 2023 Subject:General Blight and Substandard Declaration Memo Presenter(s):Chad Nabity, AICP Background This memo describes the general process and considerations for declaring any area of the City blighted and substandard. The decision on whether to declare an area substandard and blighted is entirely within the jurisdiction of the City Council. Discussion The Statutory authority and direction to the Planning Commission is referenced below to explain the Planning Commission purpose in reviewing the study: 18-2109. Redevelopment plan; preparation; requirements; planning commission or board; public hearing; notice; governing body; public hearing; notice. (1) An authority shall not prepare a redevelopment plan for a redevelopment project area unless the governing body of the city in which such area is located has, by resolution adopted after the public hearings required under this section, declared such area to be a substandard and blighted area in need of redevelopment. (2) Prior to making such declaration, the governing body of the city shall conduct or cause to be conducted a study or an analysis on whether the area is substandard and blighted and shall submit the question of whether such area is substandard and blighted to the planning commission or board of the city for its review and recommendation. The planning commission or board shall hold a public hearing on the question after giving notice of the hearing as provided in section 18-2115.01. Such notice shall include a map of sufficient size to show the area to be declared substandard and blighted or information on where to find such map and shall provide information on where to find copies of the substandard and blighted study or analysis conducted pursuant to this subsection. The planning commission or board shall submit its written recommendations to the governing body of the city within thirty days after the public hearing. Page 180 of 320 (3) Upon receipt of the recommendations of the planning commission or board, or if no recommendations are received within thirty days after the public hearing required under subsection (2) of this section, the governing body shall hold a public hearing on the question of whether the area is substandard and blighted after giving notice of the hearing as provided in section 18-2115.01. Such notice shall include a map of sufficient size to show the area to be declared substandard and blighted or information on where to find such map and shall provide information on where to find copies of the substandard and blighted study or analysis conducted pursuant to subsection (2) of this section. At the public hearing, all interested parties shall be afforded a reasonable opportunity to express their views respecting the proposed declaration. After such hearing, the governing body of the city may make its declaration. (4) Copies of each substandard and blighted study or analysis conducted pursuant to subsection (2) of this section shall be posted on the city’s public web site or made available for public inspection at a location designated by the city. ~Reissue Revised Statutes of Nebraska 7-19-18 A flow chart of the blight declaration process is shown in Figure 1. Page 181 of 320 Figure 1 Blight Declaration Process (Planning Commission Recommendation is the second purple box). Study Commissioned by CRA Study Commissioned by Other Agency Study Presented to CRA Study Presented to Council May Be Forwarded to RPC Study Sent to RPC for Review and Recommendation Council Chooses not to Forward Study to RPC No Declaration Made RPC Reviews Study and Makes Recommendation within 30 Days Council Considers Substandard and Blighted Declaration Council Chooses not to Make Substandard and Blighted Declaration. No Redevelopment Plans May be Considered Council Declares Area Substandard and Blighted. Redevelopment Plans May be Considered by the CRA Process for Declaring an area of the City Substandard and Blighted Page 182 of 320 Figure 2 Blight and Substandard Declaration compared to a Redevelopment Plan Substandard and Blighted Declaration vs. Redevelopment Plan Substandard and Blighted Declaration A Study of the Existing Conditions of the Property in Question Does the property meet one or more Statutory Conditions of Blight? Does the Property meet one or more Statutory Conditions of Substandard Property? Is the declaration in the best interest of the City? Redevelopment Plan What kinds of activities and improvements are necessary to alleviate the conditions that make the property blighted and substandard? How should those activities and improvements be paid for? Will those activities and improvements further the implementation of the general plan for the City? Page 183 of 320 It is appropriate for the Council in conducting its review and considering its decision regarding the substandard and blighted designation to: 1. Review the study, 2. Take testimony from interested parties, 3. Review the recommendation and findings of fact identified by the Planning Commission (Planning Commission did not identify any findings with their motion so none are available.) 4. make findings of fact, and 5. Include those findings of fact as part of its motion to approve or deny the request to declare this area blighted and substandard. Council can make any findings they choose regarding the study and the information presented during the public hearing to support the decision of the Council members regarding this matter. Blighted and Substandard Defined The terms blighted and substandard have very specific meanings within the context of the Community Redevelopment Statutes. Those terms as defined by Statute are included below: Section 18-2103 Terms, defined. For purposes of the Community Development Law, unless the context otherwise requires: (3) Blighted area means an area (a) which, by reason of the presence of a substantial number of deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the designated area is at least one hundred twenty percent of the state or national average; (ii) the average age of the residential or commercial units in the area is at least forty years; (iii) more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years and has remained unimproved during that time; (iv) the per capita income of the area is lower than the average per capita income of the city or village in which the area is designated; or (v) the area has had either stable or decreasing population based on the last two decennial censuses. In no event shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the city as blighted, a city of the second class shall not designate an area larger than fifty percent of the city as blighted, and a village shall not designate an area larger than one hundred percent of the village as blighted. A redevelopment Page 184 of 320 project involving a formerly used defense site as authorized under section 18-2123.01 shall not count towards the percentage limitations contained in this subdivision; (31) Substandard area means an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare; and ~Reissue Revised Statutes of Nebraska 7-19-18 Recommendation Staff recommends considering the following questions as a starting point in the analysis of this Study and in making a determination. The City Council is ultimately responsible for answering the question of whether the property included in the study is blighted and substandard and whether making such a designation is in the best interest of the City. Recommended Questions for City Council •Does this property meet the statutory requirements to be considered blighted and substandard? (See the prior statutory references.) •Are the blighted and substandard factors distributed throughout the Redevelopment Area, so basically good areas are not arbitrarily found to be substandard and blighted simply because of proximity to areas which are substandard and blighted? Is development of adjacent property necessary to eliminate blighted and substandard conditions in the area? •Is public intervention appropriate and/or necessary for the redevelopment of the area? •Will a blight declaration increase the likelihood of development/redevelopment in the near future and is that in the best interest of the City? •What is the policy of the City toward increasing development and redevelopment in this area of the City? Findings of fact must be based on the study and testimony presented including all written material and staff reports. The recommendation must be based on the declaration, not based on any proposed uses of the site. All of the testimony, a copy of the study and this memo along with any other information presented at the hearing should be entered into the record of the hearing. Page 185 of 320 City of Grand Island, NE Blight and Substandard Study Area #39 August 2023 Page 186 of 320 Blight and Substandard Study – Area 39 City of Grand Island, NE – Area 39 • August 2023 Page 1 PURPOSE OF THE BLIGHT AND SUBSTANDARD STUDY The purpose of completing this Blight and Substandard study is to examine existing conditions within Study Area 39 of the City of Grand Island. This study has been commissioned by Chief Industries to analyze the possibility of declaring the area as blighted and substandard within this specific study area. The Hall County Regional Planning Commission and Grand Island City Council, when considering conditions of Blight and Substandard, will be looking at those issues and definitions provided for in the Nebraska Community Redevelopment Law as found in Chapter 18, Section 2104 of the Revised Nebraska State Statutes, as follows: “The governing body of a city, to the greatest extent it deems to be feasible in carrying out the provisions of the Community Development Law, shall afford maximum opportunity, consistent with the sound needs of the city as a whole, to the rehabilitation or redevelopment of the community redevelopment area by private enterprises. The governing body of a city shall give consideration to this objective in exercising its powers under the Community Development Law, including the formulation of a workable program, the approval of community redevelopment plans consistent with the general plan for the development of the city, the exercise of its zoning powers, the enforcement of other laws, codes, and regulations, relating to the use of land and the use and occupancy of buildings and improvements, the disposition of any property acquired, and the providing of necessary public improvements.” The Nebraska Revised Statutes §18-2105 continues by granting authority to the governing body for formulation of a workable program; disaster assistance; effect. The statute reads: “The governing body of a city or an authority at its direction for the purposes of the Community Development Law may formulate for the entire municipality a workable program for utilizing appropriate private and public resources to eliminate or prevent the development or spread of urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of substandard and blighted areas, or to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for the prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of substandard and blighted areas or portions thereof by replanning, removing congestion, providing parks, playgrounds, and other public improvements by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of substandard and blighted areas or portions thereof.” “Notwithstanding any other provisions of the Community Development Law, where the local governing body certifies that an area is in need of redevelopment or rehabilitation as a result of flood, fire, hurricane, earthquake, storm, or other catastrophe respecting which the Governor of the state has certified the need for disaster assistance under federal law, the local governing body may approve a redevelopment plan and a redevelopment project with respect to such area without regard to the provisions of the Community Development Law requiring a general plan for the municipality and notice and public hearing or findings other than herein set forth.” Based on the Nebraska Revised Statutes §18-2103 the following definitions shall apply: “Blighted area means an area (a) which, by reason of the presence of a substantial number of deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, Page 187 of 320 Blight and Substandard Study – Area 39 Page 2 City of Grand Island, NE – Area 39 • August 2023 diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the designated area is at least one hundred twenty percent of the state or national average; (ii) the average age of the residential or commercial units in the area is at least forty years; (iii) more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years and has remained unimproved during that time; (iv) the per capita income of the area is lower than the average per capita income of the city or village in which the area is designated; or (v) the area has had either stable or decreasing population based on the last two decennial censuses. In no event shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the city as blighted, a city of the second class shall not designate an area larger than fifty percent of the city as blighted, and a village shall not designate an area larger than one hundred percent of the village as blighted. A redevelopment project involving a formerly used defense site as authorized under section 18-2123.01 shall not count towards the percentage limitations contained in this subdivision;” “Extremely blighted area means a substandard and blighted area in which: (a) The average rate of unemployment in the area during the period covered by the most recent federal decennial census is at least two hundred percent of the average rate of unemployment in the state during the same period; and (b) the average poverty rate in the area exceeds twenty percent for the total federal census tract or tracts or federal census block group or block groups in the area;” “Substandard area means an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare; and” “Workforce housing means: (a) Housing that meets the needs of today's working families; (b) Housing that is attractive to new residents considering relocation to a rural community; (c) Owner-occupied housing units that cost not more than two hundred seventy-five thousand dollars to construct or rental housing units that cost not more than two hundred thousand dollars per unit to construct. For purposes of this subdivision (c), housing unit costs shall be updated annually by the Department of Economic Development based upon the most recent increase or decrease in the Producer Price Index for all commodities, published by the United States Department of Labor, Bureau of Labor Statistics; (d) Owner-occupied and rental housing units for which the cost to substantially rehabilitate exceeds fifty percent of a unit's assessed value; and (e) Upper-story housing.” This Blight and Substandard Study is only for a portion of the corporate limits of the city which has not previously been so designated. The Study is intended to give the Hall County Regional Planning Commission and Grand Island City Council the basis for identifying and declaring Blighted and Substandard conditions existing within the city’s jurisdiction and as allowed under Chapter 18, Page 188 of 320 Blight and Substandard Study – Area 39 City of Grand Island, NE – Area 39 • August 2023 Page 3 Section 2123.01. Through this process, the City and property owners will be attempting to address economic and/or social liabilities which are harmful to the well-being of the entire community. The study area can be seen in Figure 1 of this report. A Redevelopment Plan to be submitted in the future will contain, in accordance with the law, definite local objectives regarding appropriate land uses, improved traffic, public transportation, public utilities, and other public improvements, and the proposed land uses and building requirements in the redevelopment area and shall include:  The boundaries defining the blighted and substandard areas in question (including existing uses and conditions of the property within the area), and;  A list of the conditions present, which qualify the area as blighted and substandard. BLIGHT AND SUBSTANDARD ELIGIBILITY STUDY This study targets the entire corporate limits of the community for evaluation. The area is indicated in Figure 1 of this report. The existing uses are vacant, residential, and public. Through the redevelopment process, the City of Grand Island can guide future development and redevelopment throughout the area. The use of the Community Redevelopment Act by the City is intended to redevelop and improve areas of the community. Using the Community Redevelopment Act, the City of Grand Island can assist in the elimination of negative conditions and implement different programs/projects identified for the city. The following is the description of the designated area within the City of Grand Island. Point of beginning (POB) is the northwest corner of a tract referred to as Alda Twp Pt SE ¼ NE ¼ and pt E ½ SE ¼ of 1-10-10; thence southerly along the west property line of said track to the SE corner of said track; thence southerly along the west boundary of a subdivision referred to as Wildwood Subdivision to the SE corner of said subdivision; thence, easterly along the south boundary of said subdivision and continuing easterly to the intersection with the centerline of US Highway 281; thence, northerly along said centerline to the intersection between said centerline and the extended north boundary of a tract referred to as Alda Twp Pt SE ¼ NE ¼ and pt E ½ SE ¼ of 1-10-10; thence, westerly along the northern boundary to the POB. Total area is +/- 150.0 acres. Study Area Figure 1 Study Area Map Page 189 of 320 Blight and Substandard Study – Area 39 Page 4 City of Grand Island, NE – Area 39 • August 2023 Figure 2 Existing Land Use Map Source: Google Earth and MPC EXISTING LAND USE The term “Land Use” refers to the developed uses in place within a building or on a specific parcel of land. The number and type of uses are constantly changing within a community and produce a number of impacts either benefitting or detracting from the community. Because of this, the short and long-term success and sustainability of the community is directly contingent upon available resources utilized in the best manner given the constraints the City faces during the course of the planning period. Existing patterns of land use are often fixed in older communities and neighborhoods, while development in newer areas is often reflective of current development practices. Figure 3 Existing Land Use Breakdown Source: Marvin Planning Consultants 2022 Tansportation / ROW 13.00% Vacant 60.00% Industrial 27.00% Page 190 of 320 Blight and Substandard Study – Area 39 City of Grand Island, NE – Area 39 • August 2023 Page 5 Existing Land Use Analysis within Study Area As part of the planning process, a survey was conducted through both in-field observations, as well as data collection online using the Hall County Assessors website. This survey noted the use of the tract in the study area. These data from the survey are analyzed in the following paragraphs. Figure 3 shows the uses present in the study area are residential, public, and vacant. The majority of the study area is vacant (60%); while 27% is industrial. FINDINGS OF BLIGHT AND SUBSTANDARD CONDITIONS ELIGIBILITY STUDY This section of the study examines the conditions found in the study area. The Findings Section will review the conditions based upon the statutory definitions. Contributing Factors There were a number of conditions examined and evaluated in the field and online. These conditions will be reviewed in detail, on the following pages, while some of the statutory conditions are not present. Deterioration of Site or Other Improvements Sidewalk Condition Sidewalks, regardless of the area and uses within a community, should provide a safe means of movement for pedestrians. Sidewalks become increasingly more important along transportation routes considered to be arterials and highways. A sidewalk allows for pedestrian movement while keeping people off heavily traveled streets. The sidewalk conditions analyzed in the Study Area were rated on five categories: Excellent, Good, Average, Fair, and Poor or Missing. Within the study area there is approximately 11,170 lineal feet or 2.1 miles of area where sidewalk could or should be located. After reviewing the conditions in the field, the following is how the sidewalk conditions breakdown within the study area:  0 (0.00%) lineal feet of Excellent sidewalk  0 (0.00%) lineal feet of Good sidewalk  0 (0.00%) lineal feet of Average sidewalk  0 (0.00%) lineal feet of Fair sidewalk  11,170 (100.0%) lineal feet of Poor or Missing sidewalk There is no sidewalk present in the study area. Sidewalk is critical to the overall pedestrian movement of an area long-term. Even sidewalk constructed, which at present there is none, will eventually connect to several portions of the community. There is a portion of sidewalk that was laid by property owners, though it does not connect throughout the neighborhood, and is not ADA compliant. Because 100.0% of the area is missing sidewalk, sidewalks are considered a direct contributing factor. Photo 1 Photo 2 Page 191 of 320 Blight and Substandard Study – Area 39 Page 6 City of Grand Island, NE – Area 39 • August 2023 Figure 4 Sidewalk Condition Source: Marvin Planning Consultants 2022 Curb and Gutter Curb and Gutters have a number of direct and indirect roles in communities. Their primary function is to be a barrier to collect and direct water to be drained away. On a secondary level, they can help define where the streets start and stop, and they act as a physical barrier between pedestrian and vehicular traffic. Curb and gutter for the Study Area were examined similarly to sidewalks. The curb and gutter were graded as either Excellent, Good, Average, Fair, and Poor or Missing. Within the study area there is approximately 11,170 lineal feet of curb and gutter possible. After reviewing the conditions in the field, the following is how the curb and gutter conditions break down within the corporate limits:  0 (0.0%) lineal feet of Excellent curb and gutter  0 (0.00%) lineal feet of Good curb and gutter  0 (0.00%) lineal feet of Average curb and gutter  0 (0.00%) lineal feet of Fair curb and gutter  11,170 (100.00%) lineal feet of Poor or Missing curb and gutter Photo 3 Photo 4 Legend: Missing Page 192 of 320 Blight and Substandard Study – Area 39 City of Grand Island, NE – Area 39 • August 2023 Page 7 Due to the study area completely missing curb and gutter, curb and gutter conditions would be a direct contributing factor. Figure 4 Sidewalk Condition Source: Marvin Planning Consultants 2022 Factors Which Are Impairing And/or Arresting Sound Growth Factors which are impairing and/or arresting growth are present within the entire study area. Some of these factors are more obvious than others. One of the factors is the lack expansion within the Wildwood Subdivision. The ability of this area to expand or grow is limited due to a lack streets leading west or south from this development. Industrial subdivisions are similar to residential subdivisions in that there should be movement between different areas. This creates better connectivity but is critical to allowing for secondary egress points from developments. Egress is another issue within this area in that the Wildwood Subdivision only has one means of egress. If a catastrophic event occurred in the area and near Wildwood Drive, egress could be seriously hindered. Photo 5 Photo 6 Legend: Missing Page 193 of 320 Blight and Substandard Study – Area 39 Page 8 City of Grand Island, NE – Area 39 • August 2023 The next factor is actually US Highway 281. As far as future development on the vacant areas of this study area, NDOT will likely limit ingress and egress to this area via Wildwood Drive and drive west of Platte Valley Blvd., this is nearly a ½ mile stretch. Dangerous conditions to life or property due to fire or other causes. This study area has a number of conditions making for dangerous conditions to life and property due to fire or other causes. This developed portion of this study area has several industrial/warehousing uses. In a number of cases there is outdoor storage of products which are not fenced in to keep unwanted persons out of the area. Within these areas are equipment/machinery, salvaged automobiles, and potentially chemicals based upon some of the equipment present. These areas need to be fenced in order to protect trespassers from being harmed. Photo 7 Photo 8 Photo 9 Photo 10 Page 194 of 320 Blight and Substandard Study – Area 39 City of Grand Island, NE – Area 39 • August 2023 Page 9 Structural Conditions Structural conditions were evaluated, structures were either rated as: Excellent, Very Good, Good, Average, Fair, Poor or Very Poor. The data and rating system come from the Hall County Assessor’s database and is the same database used to value properties in the area. According to the data there are five structures in the Study Area. Based upon the data provided to the planning team, the following is the breakdown for structures in the Study Area:  0 (0.00%) structures rated as Excellent  0 (0.00%) structure rated as Very Good  13 (36.00%) structures rated as Good  23 (64.00%) structures rated Average  0 (0.00%) structures rated Fair  0 (0.00%) structures rated Poor  0 (0.00%) structure rated as Very Poor Figure 5: Structure Conditions Based upon these data, an assumption has been made that average condition and less would constitute the possibility of some or considerable deterioration. It is common for older structures to need more maintenance and upkeep in order to maintain a good or higher condition. Even a structure rated as normal will show some signs of deteriorating which in turn can become a dilapidated structure in the future if it is not addressed over time. Overall, 60.00% of the structures in this Study Area are considered to in average conditions. Legend: Very Good Good Average Page 195 of 320 Blight and Substandard Study – Area 39 Page 10 City of Grand Island, NE – Area 39 • August 2023 Due to the stated conditions found in the Hall County Assessor’s data, the condition of the structure is a contributing factor. Age of Structures Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes allow for a predominance of structures that are 40 years of age or older to be a contributing factor regardless of their condition. The following paragraphs document the structural age of the structures within the Study Area. Note that the age of structure was determined from the Appraisal data within the Hall County Assessor’s website data. Assessor’s website. Table 1: Average Structural Age of Commercial Units - 2023 Year Age Square Footage – Older than 40 years Square Footage – Newer than 40 years 1960 63 320 1960 63 320 1960 63 4,000 1960 63 600 1960 63 4,000 1960 63 600 1960 63 320 1960 63 320 1973 50 2,365 1973 50 6,020 1973 50 1,600 1973 50 2,400 1975 48 1,500 1975 48 7,000 1975 48 8,670 1975 48 7,500 1975 48 3,726 1978 45 6,560 1979 44 4,620 1980 43 1,600 1980 43 4,000 1980 43 400 1980 43 7,500 1981 42 400 1981 42 4,725 1984 39 5,920 1990 33 7,546 1997 26 2,418 1999 24 2,700 1999 24 1,300 2002 21 1,650 2004 19 2,400 2005 18 2,262 2011 12 9,853 2011 12 1,892 2011 12 9,430 2014 9 1,500 2015 8 4,300 2015 8 4,320 2017 6 8,100 2021 2 2,376 74,846 67,967 52.4% 47.6% Source: Hall County Assessor’s and Marvin Planning Consultants 2021 Page 196 of 320 Blight and Substandard Study – Area 39 City of Grand Island, NE – Area 39 • August 2023 Page 11 Age of Structure Within the study area there are 41 structures, according to the Hall County Assessor. After researching the structural age on the Hall County Assessor’s website, 25 (61.0%) units were determined to be 40 years of age or older. The analysis indicated in the past by the Nebraska State Auditor’s Office that all structure must average 40 years of age or more is not present. Nebraska Revised Statutes refer to age in the following manner, “…the average age of the residential or commercial units in the area is at least forty years;…” Within commercial land uses, one of the standards of measure includes square footage; therefore, similar to the approach used for CRA Area 9 (Grand Island Mall), square footage was examined as opposed to actual age. When adding up all of the square footages of the existing structures acknowledged by the assessor’s office, the following is found:  There is a total of 149,033 square feet present in the study area  81,066 square feet are 40 years of age or older (54.39%) see Table 1  67,967 square feet are less than40 years of age (45.61%) see Table 1  Therefore the average unit (square feet) is more than 40 years of age at 49.21 years. Blighting Summary These conditions are contributing to the blighted conditions of the study area.  Deterioration of site or other improvements o Curb and gutter are missing throughout 100% of the study area. o Streets through the study area were of an average condition. o Sidewalks are missing within 100.0% of the entire study area.  Insanitary and Unsafe Conditions o Lack of curb and gutter could lead to ponding of water. Water ponding can become a breeding ground for communicable diseases. Criteria under Part B of the Blight Definition The average age of the residential or commercial units in the area is at least forty years.  25 (61.0%) buildings or improvements were determined to be 40 years of age or older.  The average unit (square feet) is over 40 years of age. Those units over 40 years of age average 49.21 years of age. These other criteria for Blight were present in the area:  Diversity of Ownership Factors Which Are Impairing And/or Arresting Sound Growth Dangerous conditions to life or property due to fire or other causes. These other criteria for Blight were not present in the area, these included:  Faulty lot layout.  Improper subdivision or obsolete platting.  Stable or decreasing population based on the last two decennial censuses.  Tax or special assessment delinquency exceeding fair value of the land.  Defective or unusual condition of title.  Unemployment in the designated area is at least 120% of the state or national average.  One-half of unimproved property is over 40 years old.  The per capita income of the area is lower than the average per capita income of the city or village in which the area is designated. These issues were either not present or were limited enough as to have little impact on the overall condition of the study area. Page 197 of 320 Blight and Substandard Study – Area 39 Page 12 City of Grand Island, NE – Area 39 • August 2023 Substandard Conditions Average Age of Structures Average age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes allow for a predominance of structures 40 years of age or older to be a contributing factor regardless of their condition. The following paragraphs document the structural age of the structures within the Study Area. Note the age of structure was determined from the Hall County Assessor’s website. Table 1: Average Structural Age of Commercial Units - 2023 Year Age Square Footage – Older than 40 years Square Footage – Newer than 40 years 1960 63 320 1960 63 320 1960 63 4,000 1960 63 600 1960 63 4,000 1960 63 600 1960 63 320 1960 63 320 1973 50 2,365 1973 50 6,020 1973 50 1,600 1973 50 2,400 1975 48 1,500 1975 48 7,000 1975 48 8,670 1975 48 7,500 1975 48 3,726 1978 45 6,560 1979 44 4,620 1980 43 1,600 1980 43 4,000 1980 43 400 1980 43 7,500 1981 42 400 1981 42 4,725 1984 39 5,920 1990 33 7,546 1997 26 2,418 1999 24 2,700 1999 24 1,300 2002 21 1,650 2004 19 2,400 2005 18 2,262 2011 12 9,853 2011 12 1,892 2011 12 9,430 2014 9 1,500 2015 8 4,300 2015 8 4,320 2017 6 8,100 2021 2 2,376 74,846 67,967 52.4% 47.6% Source: Hall County Assessor’s and Marvin Planning Consultants 2022 Age of Structures Within the study area there are 41 structures, according to the Hall County Assessor. After researching the structural age on the Hall County Assessor’s website, 25 (61.0%) units were determined to be 40 years of age or older. Page 198 of 320 Blight and Substandard Study – Area 39 City of Grand Island, NE – Area 39 • August 2023 Page 13 The analysis indicated in the past by the Nebraska State Auditor’s Office that all structure must average 40 years of age, or more is not present. Nebraska Revised Statutes refer to age in the following manner, “…the average age of the residential or commercial units in the area is at least forty years;…” Within commercial land uses, one of the standards of measure includes square footage; therefore, similar to the approach used for CRA Area 9 (Grand Island Mall), square footage was examined as opposed to actual age. When adding up all of the square footages of the existing structures acknowledged by the assessor’s office, the following is found:  There is a total of 149,033 square feet present in the study area  81,066 square feet are 40 years of age or older (54.39%) see Table 2  67,967 square feet are less than 40 years of age (45.61%) see Table 2  Therefore, the average unit (square feet) is more than 40 years of age at 49.21 years. Substandard Summary Nebraska State Statute requires that “…an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare;” Study Area #39 meets the defintion of Substandard as defined in the Revised Nebraska State Statutes. FINDINGS FOR BLIGHT AND SUBSTANDARD STUDY AREA #39 Blight Study Area #39 has several items contributing to the Blight and Substandard Conditions. These conditions include: Blighted Conditions  The average age of the residential or commercial units in the area is at least forty years.  Deterioration of site or other improvements  Insanitary and Unsafe Conditions  Diversity of Ownership.  Factors Which Are Impairing And/or Arresting Sound Growth  Dangerous conditions to life or property due to fire or other causes. Substandard Conditions  Average age of the structures in the area is at least 40 years. Page 199 of 320 Page 200 of 320 R E S O L U T I O N 2023-280 WHEREAS, on June 27, 1994, the City of Grand Island enacted Ordinance No. 8021 creating the Community Redevelopment Authority of the City of Grand Island, Nebraska, to address the need for economic development opportunities through the vehicles provided in the Nebraska Community Development law at Neb. Rev. Stat. §18-2101, et seq., as amended; and WHEREAS, Chief Industries Inc. has caused to be prepared a Blight and Substandard Study for an area of referred to as Area No. 39; and WHEREAS, Marvin Planning Associates completed such Blight and Substandard Study and has determined that the area should be declared as substandard or blighted area in need of redevelopment; and WHEREAS, such study was presented to the Grand Island City Council on September 12, 2023, and WHEREAS, on September 12, 2023, the Grand Island City Council referred such study to the Hall County Regional Planning Commission for review and recommendation; and WHEREAS, the Regional Planning Commission held a public hearing and made a recommendation regarding the study at its October 11, 2023 meeting; and WHEREAS, a public hearing to consider approval of a Blighted and Substandard designation was held on October 24, 2023; and WHEREAS, the Grand Island City Council finds that the property identified in the study meets the statutory qualifications to be declared Blighted and Substandard and that such designation would encourage development and redevelopment of this property. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Blight and Substandard Study for Redevelopment Area No. 39 as identified above is hereby approved, and those areas identified in said study are declared to be blighted and substandard and in need of redevelopment as contemplated in the Community Development law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 201 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 10.c. Subject: Public Hearing on Redevelopment Plan Amendment CRA Area 34 - Alltel Building 3650 W 13th Street Grand Island, NE - Starostka Group LLC #2023-281 - Approving Redevelopment Plan Amendment CRA Area 34 - Alltel Building 3650 W 13th Street Grand Island, NE - Starostka Group LLC Staff Contact: Chad Nabity BACKGROUND: Starostka Group Unlimited is proposing to redevelop the former Alltel building at 3650 W.13th Street. They are proposing to rehabilitate this property for commercial purposes. The building has been vacant for several years. The property is zoned B2 General Business Zone. Twenty-five percent of the TIF generated by this project will be remitted to the City to help cover the cost of the Claude Road extension west of and adjacent to this property. Staff has prepared a redevelopment plan for this property consistent with the TIF application. The CRA reviewed the proposed development plan on September 13, 2023 and forwarded it to the Hall County Regional Planning Commission for recommendation at their meeting on October 11, 2023. The CRA also sent notification to the City Clerk of their intent to enter into a redevelopment contract for this project pending Council approval of the plan amendment. The Hall County Regional Planning Commission held a public hearing on the plan amendment at a meeting on October 11, 2023. The Planning Commission approved Resolution 2024-03 in support of the proposed amendment, declaring the proposed amendment to be consistent with the Comprehensive Development Plan for the City of Grand Island. The CRA approved Resolution 454 forwarding the redevelopment plan along with the recommendation of the planning commission to the City Council for consideration. DISCUSSION: Tonight, Council will hold a public hearing to take testimony on the proposed plan (including the cost benefit analysis that was performed regarding this Page 202 of 320 proposed project) and to enter into the record a copy of the plan amendment that would authorize a redevelopment contract under consideration by the CRA. Council is being asked to approve a resolution approving the cost benefit analysis as presented in the redevelopment plan along with the amended redevelopment plan for CRA Area #34 and authorizes the CRA to execute a contract for TIF based on the plan amendment and to find that this project would not be financially feasible at this location without the use of TIF. The redevelopment plan amendment specifies that the TIF will be used to offset allowed costs for the acquisition of the property as well as the site work, grading, streets, utilities, and trails. The cost benefit analysis included in the plan finds that this project meets the statutory requirements for as eligible TIF project and that it will not negatively impact existing services within the community or shift additional costs onto the current residents of Grand Island and the impacted school districts. The bonds for this project will be issued for a period of 15 years. The total proposed bonded amount for this project will be $890,850 with $668,178 devoted to the rehabilitation of the building and $222,712 dedicated to the Claude Road project. FISCAL IMPACT: This will defer property taxes on the improvements to the property for a period of 15 years for all entities, including the City, that receive property taxes. The additional taxes will be used to support the development of this property. 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: Move to approve as recommended. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Redevelopment Plan 2. TIF Application 3. Old Alltel Building 4. CRA Resolution 452 5. CRA Resolution 453 6. CRA Resolution 454 7. Planning Resolution 2024-03 8. Resolution Page 203 of 320 Redevelopment Plan Grand Island CRA Area 34 September 2023 The Community Redevelopment Authority (CRA) of the City of Grand Island intends to amend the Redevelopment Plan for Area 34 with in the city, pursuant to the Nebraska Community Development Law (the “Act”) and provide for the financing of a specific infrastructure related project in Area 34. Executive Summary: Project Description THE REDEVELOPMENT THE ALLTEL BUILDING AT 3650 W. 13TH STREET FOR COMMERICIAL PURPOSES. The use of Tax Increment Financing to aid in renovation of the former Alltel building at 3650 W. 13th Street. The use of Tax Increment Financing is an integral part of the development plan and necessary to make this project affordable. This property has sat vacant for several years and was acquired by the 3650 LLC a subsidiary of the Starostka Group in June of 2023. 3650 LLC has purchased this property for the purpose of renovating it for commercial uses and returning it to productive use in the neighborhood. This project is in CRA Area 34. This redevelopment project includes two components. The first component supports the private project. The second component will support the construction of Claude Road between Faidley Avenue and State Street (the “Public Project”). The CRA will issue two TIF Notes. Seventy five percent of the TIF Revenue will be allocated to the TIF Note purchased by the Redeveloper. Twenty Five percent of the TIF Revenue will be allocated to the TIF Note to support the Public Project, which shall be assigned by the Redeveloper to the CRA. The CRA will enter into a contract with the City to install the Public Project. The City will be reimbursed for the Public Project by assignment of the TIF Note for the Public Project. Changes in the cost of construction, availability of materials and the approval of several other housing projects using Tax Increment Financing have led to this application for assistance with the project. The developer is responsible for and has provided evidence that they can secure adequate debt financing to cover the costs associated with the renovation. The Grand Island Community Redevelopment Authority (CRA) intends to pledge the ad valorem taxes generated over a 15 year period beginning in January 1, 2025 towards the allowable costs and associated financing for the development of this property. TAX INCREMENT FINANCING TO PAY FOR THE DEVELOPMENT OF THE PROPERTY WILL COME FROM THE FOLLOWING REAL PROPERTY: Property Description (the “Redevelopment Project Area”) Legal Descriptions: Lot 2, 281 Retail Subdivision (Parcel ID No. 400295547). Page 204 of 320 Existing Land Use and Subject Property Page 205 of 320 The tax increment will be captured for the tax years the payments for which become delinquent in years 2025 through 2040 inclusive. The real property ad valorem taxes on the current valuation will continue to be paid to the normal taxing entities. The increase will come from development of the property for residential and commercial uses as previously described. Statutory Pledge of Taxes. In accordance with Section 18-2147 of the Act and the terms of the Resolution providing for the issuance of the TIF Note, the Authority hereby provides that any ad valorem tax on the Redevelopment Project Area for the benefit of any public body be divided for a period of fifteen years after the effective date of this provision as set forth in the Redevelopment Contract or any amendment to the redevelopment contract, consistent with this Redevelopment Plan. Said taxes shall be divided as follows: a. That portion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the redevelopment project valuation shall be paid into the funds, of each such public body in the same proportion as all other taxes collected by or for the bodies; and b. That portion of the ad valorem tax on real property in the redevelopment project in excess of such amount, if any, shall be allocated to and, when collected, paid into a special fund of the Authority to pay the principal of; the interest on, and any premiums due in connection with the bonds, loans, notes, or advances on money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, a redevelopment project. When such bonds, loans, notes, advances of money, or indebtedness including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such redevelopment project shall be paid into the funds of the respective public bodies. Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged to the repayment of loans or advances of money, or the incurring of any indebtedness, whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in whole or in part, the redevelopment project, including the payment of the principal of, premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness. Redevelopment Plan Amendment Complies with the Act: The Community Development Law requires that a Redevelopment Plan and Project consider and comply with a number of requirements. This Plan Amendment meets the statutory qualifications as set forth below. 1. The Redevelopment Project Area has been declared blighted and substandard by action of the Grand Island City Council on September 28, 2021.[§18-2109] Such Page 206 of 320 declaration was made after a public hearing with full compliance with the public notice requirements of §18-2115 of the Act. 2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13) (a) and §18-2110] Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan amendment and project are consistent with the Comprehensive Plan, in that no changes in the Comprehensive Plan elements are intended. This plan merely provides funding for the developer to rehabilitate the property for permitted uses on this property as defined by the current and effective zoning regulations. The Hall County Regional Planning Commission held a public hearing at their meeting on October 11, 2023 and passed Resolution 2024-03 confirming that this project is consistent with the Comprehensive Plan for the City of Grand Island. 3. The Redevelopment Plan must be sufficiently complete to address the following items: [§18-2103(13) (b)] a. Land Acquisition: This Redevelopment Plan for Area 34 provides for real property acquisition and this plan amendment does not prohibit such acquisition. There is no proposed acquisition by the authority. b. Demolition and Removal of Structures: The project to be implemented with this plan does not provide for the demolition and removal any structures on this property. c. Future Land Use Plan See the attached map from the 2004 Grand Island Comprehensive Plan. All of the area around the site in private ownership is planned for low to medium density residential development. This property is in private ownership. [§18-2103(b) and §18-2111] The attached map also is an accurate site plan of the area after redevelopment. [§18-2111(5)] Page 207 of 320 City of Grand Island Future Land Use Map Page 208 of 320 d. Changes to zoning, street layouts and grades or building codes or ordinances or other Planning changes. The area is zoned B2 General Business Zone. The future land use map calls for highway commercial development across this entire site. It is anticipated that the City will construct Claude Road across the southwest corner of this property and along the western edge. TIF revenues from this project will offset a portion of the costs of those improvements. No changes are anticipated in building codes or other ordinances. No other planning changes contemplated. [§18-2103(b) and §18-2111] Current Zoning on the Site e. Site Coverage and Intensity of Use The B2 zoning district allows for a variety of commercial, warehousing, non-profit and residential uses. The B2 district allows a maximum ground coverage of 100%. [§18- 2103(b) and §18-2111] f. Additional Public Facilities or Utilities Sanitary sewer and water are available to support this development. Page 209 of 320 Electric utilities are sufficient for the proposed use of this property. Electric lines, transformers, and conduit will need to be extended throughout the property. No other publicly owned utilities would be impacted by the development. §18-2103(b) and §18-2111] 4. The Act requires a Redevelopment Plan provide for relocation of individuals and families displaced as a result of plan implementation. This property is vacant and has been vacant for more than 1 year; no relocation is contemplated or necessary. [§18-2103.02] 5. No member of the Authority, nor any employee thereof holds any interest in any property in this Redevelopment Project Area. [§18-2106] No members of the authority or staff of the CRA have any interest in this property. 6. Section 18-2114 of the Act requires that the Authority consider: a. Method and cost of acquisition and preparation for redevelopment and estimated proceeds from disposal to redevelopers. The purchase price of the property is $764,850 as an eligible expense. The estimated costs of utilities including improvements for sewer, gas and electric is $260,360. Streets and drainage are estimated at $210,000. Demolition and rehabilitation activities of are expected to cost 1,963,790. Planning activities including engineering, architecture, legal fees and government fees are estimated at $37,000. The total of the eligible expenses for this project is estimated by the developer at $3,300,000. No property will be transferred to redevelopers by the Authority. The developer will provide and secure all necessary financing. b. Statement of proposed method of financing the redevelopment project. The developer will provide all necessary financing for the project. The Authority will assist the project by granting the sum of $890,850 from the proceeds of the TIF. The project will include the project as describe in this plan and costs associated with building Claude Road between this property and State Street. The revenues shall be split with 75% dedicated to the residential subdivision project paid to the developer and 25% dedicated to Claude Road and paid to the city for those expenses. This indebtedness will be repaid from the Tax Increment Revenues generated from the project. TIF revenues shall be made available to repay the original debt and associated interest after January 1, 2025 through December 2040. c. Statement of feasible method of relocating displaced families. No families will be displaced as a result of this plan. Page 210 of 320 7. Section 18-2113 of the Act requires: Prior to recommending a redevelopment plan to the governing body for approval, an authority shall consider whether the proposed land uses and building requirements in the redevelopment project area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted, and harmonious development of the city and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreational and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of insanitary or unsafe dwelling accommodations or conditions of blight. The Authority has considered these elements in proposing this Plan. This amendment, in and of itself will promote consistency with the Comprehensive Plan. This will have the intended result of preventing recurring elements of unsafe buildings and blighting conditions. This particular building has been a blighting influence on the area for several years while it sat unoccupied on this busy corridor. This project will also provide for the development of Claude Road and reducing congestion along Diers Avenue within the City of Grand Island. 8. Time Frame for Development Development of this project is anticipated to begin in the 2023 year. The renovations are expected to be complete in 2024. Excess valuation should be available for 15 years beginning with the 2025 tax year. 9. Justification of Project This project will renovate and rehabilitate an existing building that has been vacant on this high traffic corridor for the last several years. 10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority conduct a cost benefit analysis of the plan amendment in the event that Tax Increment Financing will be used. This analysis must address specific statutory issues. As authorized in the Nebraska Community Development Law, §18-2147, Neb. Rev. Stat. (2019), the City of Grand Island has analyzed the costs and benefits of the proposed Redevelopment Project, including: Project Sources and Uses. Approximately $890,850 in public funds from tax increment financing provided by the Grand Island Community Redevelopment Authority will be Page 211 of 320 required to complete the project. This investment by the Authority will leverage $2,640,150 in private sector financing and investment; a private investment of $2.96 for every TIF dollar invested. Use of Funds Source of funds Description TIF Funds Private Funds Total Acquisition $764,850 $764,850 Building Costs $1,874,790 $1,874,790 Utilities $260,360 $260,360 Public Streets $210,000 $210,000 Demolition $89,000 $89,000 Planning (Arch. & Eng.)$22,000 $13,000 $35,000 Legal/ TIF contract $15,000 $15,000 Developer Fees $231,000 $231,000 Contingency $51,000 $51,000 Total $890,850 $2,640,150 $3,531,000 Tax Revenue. The property to be redeveloped is anticipated to have a January 1, 2023 valuation of approximately $762,500. Based on the 2022 levy this would result in a real property tax of approximately $16,136. It is anticipated that the assessed value will increase by $2,768,500 upon full completion, as a result of the site redevelopment. This development will result in an estimated tax increase of over $58,588 annually. The tax increment gained from this Redevelopment Project Area would not be available for use as city general tax revenues, for the period of the bonds, but would be used for eligible private redevelopment costs to enable this project to be realized. Estimated 2024 assessed value: $ 762,500 Estimated value after completion $ 3,531,000 Increment value $ 2,768,500 Annual TIF generated (estimated) $ 58,588 TIF bond issue $ 890,850 (a) Tax shifts resulting from the approval of the use of Tax Increment Financing; The redevelopment project area currently has an estimated valuation of $762,500. The proposed redevelopment will create additional valuation of $3,531,000 by the end of the project. The project creates additional valuation, renovates a build that has been a drain on the neighborhood and surrounding area and that will support taxing entities long after the project is paid off. This development will also support and complement the construction of Claude Road on the west side of this property. The tax shift from this project will be equal to the total of the bond principal of $890,850 if fully funded and any associated interest on the bond to be assigned with contract approval. (b) Public infrastructure and community public service needs impacts and local tax impacts arising from the approval of the redevelopment project; Page 212 of 320 Existing water and waste water facilities will not be negatively impacted by this development. The electric utility has sufficient capacity to support the development. This is infill development with services connecting to existing line with capacity. This development will not directly result in a larger number of students for Grand Island Public Schools. Fire and police protection are available and should not be negatively impacted by this development. (c) Impacts on employers and employees of firms locating or expanding within the boundaries of the area of the redevelopment project; This will provide additional space for new businesses. (d) Impacts on other employers and employees within the city or village and the immediate area that are located outside of the boundaries of the area of the redevelopment project; and This project will not have a negative impact on other employers different from any other expanding business within the Grand Island area. Grand Island does have tight labor market. (e) Impacts on student populations of school districts within the City or Village: This development will not have a direct impact on the Grand Island School system (f) Any other impacts determined by the authority to be relevant to the consideration of costs and benefits arising from the redevelopment project. This will renovate and rehabilitate an existing building that has been vacant for the last several year.. Twenty Five percent of the increment generated approximately $222,700 will be made available to the City of Grand Island for the development of Claude Road along the west side of property. Time Frame for Development Development of this project is anticipated to be completed by the end of 2024. The base tax year should be calculated on the value of the property as of January 1, 2025. Excess valuation should be available for this project beginning in 2025 with taxes due in 2026. Excess valuation will be used to pay the TIF Indebtedness issued by the CRA per the contract between the CRA and the developer for a period not to exceed 15 years on each property or an amount not to exceed a base amount of $890,850 the projected amount of increment based upon the anticipated value of the project and current tax rate and associated interest on the bond. Based on the estimates of the expenses of the rehabilitation the developer will spend at least $3,300,000 on TIF eligible activities. 4892-6144-9854, v. 1 Page 213 of 320 Form Updated 7-25-2019cn Page | 1 BACKGROUND INFORMATION RELATIVE TO TAX INCREMENT FINANCING REQUEST Project Redeveloper Information Business Name: ______________________________________________________________ Address: _______________________________________________________________ Telephone No.: __________________________ Fax No.: _______________ Email: _________________________________________________________ Contact: _______________________________________________________________ Application Submission Date: Brief Description of Applicant’s Business:__ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________ Legal Description/Address of Proposed Project Community Redevelopment Area Number ________ . Page 214 of 320 Form Updated 7-25-2019cn Page | 2 Present Ownership Proposed Project Site: ________________________________________________________________ _____________________________________ Is purchase of the site contingent on Tax Increment Financing Approval? Yes No Proposed Project: Building square footage, size of property, description of buildings – materials, etc. Please attach site plan, if available. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________ If Property is to be Subdivided, Show Division Planned: VI. Estimated Project Costs: Acquisition Costs: A. Land $ ______________ B. Building $ ______________ Construction Costs: A. Renovation or Building Costs: $ ______________ B. On-Site Improvements: Sewer $ ______________ Water $ ______________ Electric $ ______________ Gas $ ______________ Public Streets/Sidewalks $ ______________ Page 215 of 320 Form Updated 7-25-2019cn Page | 3 Private Streets $ ______________ Trails $ ______________ Grading/Dirtwork/Fill $ ______________ Demolition $ ______________ Other $ ______________ Total $ ______________ Soft Costs: A. Architectural & Engineering Fees:$ ______________ B. Financing Fees:$ ______________ C. Legal $ ______________ D.Developer Fees:$ ______________ E. Audit Fees $ ______________ F. Contingency Reserves:$ ______________ G. Other (Please Specify)$ ______________ TOTAL $ ______________ A. Developer Equity:$ ______________ B. Commercial Bank Loan:$ ______________ C.Tax Credits: 1. N.I.F.A.$ ______________ 2. Historic Tax Credits $ ______________ 3. New Market Tax Credits $ ______________ 4. Opportunity Zone $ ______________ D. Industrial Revenue Bonds:$ ______________ E. Tax Increment Assistance:$ ______________ F. Enhanced Employment Area $ ______________ Total Estimated Market Value at Completion: $ Source for Estimated Market Value________________________________________ The site was previously valued at more than $3.5 million, but the valuation has been reduced based on the current sale and the fact that the site is currently vacant and unusable. Redeveloper anticipates increasing the valuation back up to at least the previous valuation based on the renovations and re-occupancy. Source of Financing: Page 216 of 320 Form Updated 7-25-2019cn Page | 4 G. Nebraska Housing Trust Fund $ ______________ H. Other $ ______________ Name, Address, Phone & Fax Numbers of Architect, Engineer and General Contractor: _______________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ____________________________________________________________ Estimated Real Estate Taxes on Project Site Upon Completion of Project: (Please Show Calculations) ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ____________________________________________________________ Project Construction Schedule: Construction Start Date: _________________________________________________ Construction Completion Date: ___________________________________________ If Phased Project: _______________________ Year ______________________ % Complete _______________________ Year ______________________ % Complete _______________________ Year ______________________ % Complete _______________________ Year ______________________ % Complete _______________________ Year ______________________ % Complete _______________________ Year ______________________ % Complete Page 217 of 320 Form Updated 7-25-2019cn Page | 5 XII. Please Attach Construction Pro Forma XIII. Please Attach Annual Income & Expense Pro Forma (With Appropriate Schedules) TAX INCREMENT FINANCING REQUEST INFORMATION Describe Amount and Purpose for Which Tax Increment Financing is Requested: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ______________________________________________________________ Statement Identifying Financial Gap and Necessity for use of Tax Increment Financing for Proposed Project: ______________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________ Page 218 of 320 Form Updated 7-25-2019cn Page | 6 Municipal and Corporate References (if applicable). Please identify all other Municipalities, and other Corporations the Applicant has been involved with, or has completed developments in, within the last five (5) years, providing contact person, telephone and fax numbers for each: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ____________________________________ Post Office Box 1968 Grand Island, Nebraska 68802-1968 Phone: 308 385-5240 Fax: 308 385-5423 Email: cnabity@grand-island.com Page 219 of 320 Attachment 1 Deed Page 220 of 320 ~ ---N 0 N --(.,,) -0 -(.,,) --N -->. -co --iiiiiiiiiii ---;;;;;;;;;;;;;;; NEBRASKA DOCUMENTARY ENTERED AS INSTRUMENT NO STAMP TAX 202303219 Date 6-28-2023 STATE OF NEBRASKA) SS $ 1716.75_ ByJl_ COUNTY OF HALL) 2023 JUN 28 AM 10:01 )Ui~ M>lcu REG OF DEEDS ELECTRONICALLY RECORDED RECORDING FEE $52.00 (Space Above Reserved For County Certification) SPECIAL WARRANTY DEED (Excludes Certain Improvements) THIS INDENTURE is made as of June 23, 2023 ("Effective Date"), by and between ALLTEL CORPORATION, a Delaware corporation ("Grantor"), with an address of c/o Verizon Glob~l Real Estate, 7701 E. Telecom Parkway, Mail Code: FLTDSB 1 W, Temple Terrace, Florida 33637, as successor in interest to Nebraska Cellular Telephone Company; and 3650, LLC, a Nebraska limited liability company ("Grantee"), with an address of 429 Industrial Lane, Grand Island, Nebraska 68803. WITNESSETH, that Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, to Grantor paid by Grantee (the receipt of which is hereby acknowledged) does by these presents, GRANT, BARGAIN, SELL AND CONVEY, unto Grantee and Grantee's heirs, successors and assigns, that certain real property situated in Hall County, Nebraska, together with all appurtenances and improvements and fixtures situated thereon, being more particularly described as follows (collectively, the "Property"): See Exhibit A attached hereto and incorporated herein. SUBJECT TO: (a) easements, restrictions, declarations, reservations, agreements, instruments and other matters of record> including without limitatio11 the Easement ( defined below); (b) taxes and assessments, general and special, not now due and payable; (c) rights of the public in and to the parts thereof in streets, roads or alleys; (d) matters that would be disclosed by a current and accurate survey of the Property; ( e) the rights of any tenants, subtenants, licensees or pennitted occupants of the telecommunications tower located on the Property reserved by Gran tor; and (f) the Easement (defined below). RESERVING UNTO GRANTOR, its successors, heirs, tenants, lessees and assigns, a perpetual easement through, over, under and upon the Property for the purposes of accessing, operating> maintaining, repairing, replacing, servicing, inspecting and removing those network and telecommunications tower facilities located in the area described on Exhibit B attached hereto and CORE/0762186.34121182514381. I CV Filed By.Ni' Chicago Title 'lc::-c..--uz.:~o 1 [.,( Page 221 of 320 incorporated herein by reference (the "Easement"), as further provided in that certain Network and Telecommunications Tower, Utility and Access Easement Agreement dated effective as of the date hereto and recorded in the public records of Hall County, Nebraska shortly after the recordation hereof. TO HA VE AND TO HOLD the Property, with all and singular the rights, privileges, appurtenances and immunities thereto belonging or in anywise appertaining unto Grantee and Grantee's heirs, successors and assigns, forever; Grantor hereby covenanting that the Property is free and clear from any encumbrance done or suffered by Grantor, except as set forth herein; and that Grantor will warrant and defend the title to the Property unto Grantee and Grantee's heirs, successors and assigns, forever, against the lawful clai~s and demands of all persons claiming under Grantor, except as set forth herein. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 222 of 320 IN WITNESS WHEREOF, Grantor has caused this Special Warranty Deed to be executed as of the date acknowledged below, but to be effective as of the Effective Date. STATE OF Cd#i✓t/~ ) ) ss. COUNTY OF b,/ kp-s ) GRANTOR: ALLTEL CORPORATION, a Delaware corporation By: LA~ Name: Wayne lgawa Title: Real Estate Manager On this L!f!! day of June, 2023, before me, the undersigned, a Notary Public in and for said State, personally appeared _________ ., to me personally known, _________ of ALLTEL CORPORATION, a Delaware corporation, known to me to be the person who executed the within instrument in behalf of said corporation and acknowledged to me that s/he executed the same for the purposes therein stated, and as her/his free act and deed and as the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the County aforesaid the day and year last above written. (SEAL) /k,f-e fl"'e tt,&d'~L 41: d~k . Printed Name: .?e-"H ,;?: t"'u✓Hff', Notary Public in and for said State Commissioned in /u 1/Kp.J County Page 223 of 320 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On c;.h/#e If , ztJ2.J before me, ./P#H ..,7. t#V//~ --=-~....-Da_t_e~-----~ Name "' , Notary Public, personally appeared -----~A/4 ....... ~;-=;~F~L...~-.....__,_.h.9 ~.,.....~'"""~"'-=~-'---------------l Vame(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal and/or Stamp I certify under penalty of perjury under the law of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: --~rll"-~~z=d~-~M~~~~~~~~A~~t-:"-/=--------- Document Date: ______ .t/,_~~--------Number of Pages: _ ____.1 ___ _ Signer(s) Other Than Named Above:-------~~~----------- Page 224 of 320 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LOT TWO (2) 281 RETAIL SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, LESS AND EXCEPT WIRELESS NETWORK TELECOMMUNICATIONS TOWER, EQUIPMENT AND FACILITIES LOCATED ON SAID REAL PROPERTY, INCLUDING BUT NOT LIMITED TO EQUIPMENT SHELTERS AND/OR CABINETS, FENCED ENCLOSURE, ANTENNAS, COAX, CABLING AND CONDUIT, EMERGENCY POWER GENERATORS, METERS, TOGETHER WITH ANY AND ALL ADDITIONS, APPURTENANCES, INFRASTRUCTURE, IMPROVEMENTS, UTILITY FACILITIES (INCLUDING WITHOUT LIMITATION ELECTRICAL, FIBER AND GAS CONNECTIONS, IF ANY), EQUIPMENT AND FIXTURES SUPPORTING, AFFIXED OR RELATED THERETO, INCLUDING WITHOUT LIMITATION PEDESTALS, GROUNDING WIRES, CABINETS, TRANSFORMERS, PIPES, WIRES, CONDUITS, AND ANY AND ALL EQUIPMENT, APPURTENANCES AND FIXTURES SUBJECT TO ANY LICENSE OR LEASE AGREEMENTS TO WHICH GRANTOR IS A PARTY, WHETHER UNDERGROUND OR ABOVEGROUND, ALL LOCATED ON SAID REAL PROPERTY, TOGETHER WITH ANY AND ALL EASEMENT RIGHTS APPURTENANT TO SAID REAL PROPERTY WHICH SERVE OR SUPPORT THE FOREGOING FACILITIES, THE TITLE TO WHICH IS HEREBY SEVERED FROM THE TITLE TO THE FOREGOING REAL PROPERTY AND SHALL REMAIN WITH GRANTOR. SUBJECT TO NETWORK AND TELECOMMUNICATIONS TOWER, UTILITY AND ACCESS EASEMENT AGREEMENT, DATED ON OR ABOUT THE DATE HEREOF, TO BE FILED OF RECORD CONCURRENTLY HEREWITH. CORE/0762186.3412/182514381.1 Page 225 of 320 EXHIBITB LEGAL DESCRIPTION OF EASEMENT AREA THAT PART OF LOT TWO (2) 281 RETAIL SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2, A #5 REBAR FOUND FOR CORNER; THENCE FOLLOWING THE PERIMETER OF THE 50'Xl 00' EASEMENT ON THE FOLLOWING BEARINGS AND DISTANCES: SOUTHERLY, SOUTH 01°40'45" EAST, ON THE EAST LINE OF LOT 2, 281 RETAIL SUBDIVISION, 100.00 FEET; THENCE DEPARTING SAID EAST LINE, WESTERLY, SOUTH 88°52'34" WEST, 50.00 FEET; THENCE NORTHERLY, NORTH 01°40'45" WEST, 100.00 FEET, TO A POINT OF INTERSECTION ON THE NORTH LINE OF LOT 2,281 RETAIL SUBDIVISION; THENCE EASTERLY, ON THE NORTH LINE OF SAID LOT 2, NORTH 88°52'34" EAST, 100.00 FEET, TO THE POINT OF BEGINNING. CONTAINING A TOTAL CALCULATED AREA OF 5,000 SQUARE FEET, OR 0.115 ACRES, MORE OR LESS. TOGETHER WITH: AN ACCESS AND UTILITY EASEMENT, 30 FEET IN WIDTH, LOCATED THAT PART OF LOT TWO (2) 281 RETAIL SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA THE CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: REFERRING TO THE NORTHEAST CORNER OF SAID LOT 2, A #5 REBAR FOUND FOR CORNER; THENCE WESTERLY, SOUTH 88°52'34" WEST, ON THE NORTH LINE OF LOT 2,281 RETAIL SUBDIVISION, 65.00 FEET, TO THE POINT OF BEGINNING FOR THE CENTERLINE OF THE DESCRIBED ACCESS AND UTILITY EASEMENT; THENCE FOLLOWING THE CENTERLINE OF THE EASEMENT ON THE FOLLOWING BEARINGS AND DISTANCES: SOUTHERLY, SOUTH 01 °40'45" EAST, 115.00 FEET THENCE EASTERLY, NORTH 88°52'34" EAST, 26.50, TO A POINT HEREAFTER REFERRED TO AS "POINT "A"; THENCE SOUTHERLY, SOUTH 01°40'45" EAST, 141.00 FEET; THENCE SOUTHEASTERLY, SOUTH 21°03'18" EAST, 25.62 FEET; THENCE SOUTHERLY, SOUTH 01 °40'45" EAST, 80.00 FEET; THENCE SOUTHWESTERLY, SOUTH 28°41'58" WEST, 72.31 FEET; THENCE SOUTHERLY, SOUTH 01°40'45" EAST, 196.00 FEET, TO A POINT OF INTERSECTION ON THE NORTHERLY RIGHT-OF-WAY LINE OF 13TH STREET WEST, ALSO BEING THE POINT OF TERMINATION OF THE CENTERLINE FOR THE DESCRIBED ACCESS AND UTILITY EASEMENT. CONTAINING A TOTAL CALCULATED AREA OF 20,398 SQUARE FEET, OR 0.468 ACRES, MORE OR LESS. PARALLEL LINES FROM THE DESCRIBED CENTERLINE ARE INTENDED TO LENGTHEN OR SHORTEN TO INTERSECT THE LINES DESCRIBED. TOGETHER WITH: A UTILITY EASEMENT, 15 FEET IN WIDTH, LOCATED THAT PART OF LOT TWO (2) 281 RETAIL SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, THE CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS CORE/0762186.3412/182514381. 1 Page 226 of 320 FOLLOWS: REFERRING TO THE NORTHEAST CORNER OF SAID LOT 2, A #5 REBAR FOUND FOR CORNER; THENCE SOUTHERLY, SOUTH 01 °40'45" EAST ON THE EAST LINE OF LOT 2,281 RETAIL SUBDIVISION, 130.00 FEET; THENCE DEPARTING SAID EAST LINE, WESTERLY, SOUTH 88°52'34" WEST, 10.00 FEET, TO THE POINT OF BEGINNING FOR THE CENTERLINE OF THE DESCRIBED UTILITY EASEMENT; THENCE FOLLOWING THE CENTERLINE OF THE EASEMENT ON THE FOLLOWING BEARINGS AND DISTANCES: SOUTHERLY, SOUTH 01°40'45" EAST, 313.00 FEET; THENCE SOUTHWESTERLY, SOUTH 57°56'54" WEST, 20.50 FEET; THENCE SOUTHERLY, SOUTH 01 °53'19" WEST, 165.59 FEET, TO A POINT OF INTERSECTION ON THE NORTHERLY RIGHT-OF-WAY LINE OF 13TH STREET WEST, ALSO BEING THE POINT OF TERMINATION OF THE CENTERLINE FOR THE DESCRIBED UTILITY EASEMENT. CONTAINING A TOTAL CALCULATED AREA OF 7,483 SQUARE FEET, OR 0.172 ACRES, MORE OR LESS. PARALLEL LINES FROM THE DESCRIBED CENTERLINE ARE INTENDED TO LENGTHEN OR SHORTEN TO INTERSECT THE LINES DESCRIBED. TOGETHER WITH: ANY AND ALL RIGHTS APPURTENANT TO THE PROPERTY AND/OR EASEMENT, IF ANY, ARISING UNDER THE FOLLOWING RECORDED INSTRUMENTS: 1. PLAT RECORDED FEBRUARY 1, 2010 AS DOCUMENT NO. 201000671. 2. SUBDIVISION AGREEMENT DATED DECEMBER 21, 2009, RECORDED FEBRUARY 1, 2010 AS DOCUMENT NO. 201000683. 3. UTILITYEASEMENTDATEDJANUARY31, 1995,RECORDEDFEBRUARY3, 1995 AS DOCUMENT NO. 95-100669. 4. EASEMENT DATED SEPTEMBER 7, 1993, RECORDED NOVEMBER 4, 1993 AS DOCUMENT NO. 93-109512. 5. PUBLIC UTILITIES EASEMENT DATED APRIL 24, 1990, RECORDED MAY 23, 1990 AS DOCUMENT NO. 90-102852. 6. PLAT DATED AUGUST 20, 1988, RECORDED NOVEMBER 30, 1988 AS DOCUMENT NO. 88-106465. 7. PUBLICUTILITIESEASEMENTDATEDJUNE25, 1990,RECORDEDWLY 11, 1990 AS DOCUMENT NO. 90-104020. 8. LICENSE AGREEMENT DATED MARCH 12, 2019, RECORDED MARCH 20, 2019 AS DOCUMENT NO. 201901611. 9. NO BUILD EASEMENT DATED OCTOBER 5, 1994, RECORDED OCTOBER 19, 1994 AS DOCUMENT NO. 94-108552. CORE/0762186.3412/l 825 l 438 l. 1 Page 227 of 320 EACH RECORDED IN THE REAL PROPERTY RECORDS OF HALL COUNTY, NEBRASKA. CORE/0762186.3412/l 82514381.1 Page 228 of 320 Attachment 3 TIF Sources and Uses Page 229 of 320 3650 W. 13th Street TIF Projections TIF SOURCES General Assumptions Tax Levy: 2.14705 Interest Rate: 0.0% Base Value: $764,850 Final Value: $3,531,000 TIF Period (years) 15 Assessed Value Taxes Base Year $764,850 $16,422 Final Value $3,531,000 $75,812 Increment $2,766,150 $59,390 Annual TIF Amt. $59,390 Present Value $890,857 TIF USES Site Acquisition $764,850 Renovation $1,874,790 Demolition $89,000 Sewer $110,000 Electrict $125,360 Gas $25,000 Streets/ Sidewalks $210,000 Arch. & Eng. $35,000 Legal $15,000 Total eligible Uses $3,249,000 Page 230 of 320 Old Alltel Building Page 231 of 320 Overview of the Alltel Building •This building was used in the blight study to blight this area for TIF to fix up this building. •This building was appraised on the county assessors at $3,492,499 •Now the value appraised on the county assessors is at $762,500 •Set vacate for years and the city had to mow the property •Over the years it was vandalized •Had major roof issues causing water damage to the building which caused a huge mold problem. •This building was designed for a special use tenant •The City of Grand Island get 25% of the TIF amount for Claude Road Page 232 of 320 Page 233 of 320 Page 234 of 320 Page 235 of 320 Page 236 of 320 Page 237 of 320 Page 238 of 320 Page 239 of 320 Page 240 of 320 Page 241 of 320 Page 242 of 320 Page 243 of 320 Page 244 of 320 Page 245 of 320 Page 246 of 320 Page 247 of 320 Page 248 of 320 Page 249 of 320 Page 250 of 320 Page 251 of 320 Page 252 of 320 R E S O L U T I O N 2023-281 WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the first class, has determined it be desirable to undertake and carry out urban redevelopment projects in areas of the City which are determined to be substandard and blighted and in need of redevelopment; and WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21, Nebraska Reissue Revised Statutes of 2007, as amended (the "Act"), prescribes the requirements and procedures for the planning and implementation of redevelopment projects; and WHEREAS, the City has previously declared Redevelopment Area No. 34 of the City to be substandard and blighted and in need of redevelopment pursuant to the Act; and WHEREAS, the Community Redevelopment Authority of the City of Grand Island, Nebraska (the "Authority"), has prepared an Amended Redevelopment Plan pursuant to Section 18-2111 of the Act, and recommended the Amended Redevelopment Plan to the Planning Commission of the City; and WHEREAS, the Planning Commission of the City reviewed the Amended Redevelopment Plan pursuant to the Act and submitted its recommendations, to the City, pursuant to Section 18-2114 of the Act; and WHEREAS, following consideration of the recommendations of the Authority to the Planning Commission, the recommendations of the Planning Commission to the City, and following the public hearing with respect to the Amended Redevelopment Plan, the City approved the Plan; and WHEREAS, there has been presented to the City by the Authority for approval a specific Redevelopment Project within the Amended Redevelopment Plan and as authorized in the Amended Redevelopment Plan, such project to be as follows: to redevelop property for commercial purposes including necessary costs for acquisition, rehabilitation, streets, and utilities along with eligible planning expenses and fees associated with the redevelopment project and that such project would not be economically feasible without such aid as is proposed within the Amended Redevelopment Plan. All redevelopment activities will occur in Grand Island, Hall County, Nebraska; and WHEREAS, the City published notices of a public hearing and mailed notices as required pursuant to Section 18-2115 of the Act and has, on the date of the Resolution held a public hearing on the proposal to amend the Redevelopment Plan to include the Redevelopment Project described above. NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island, Nebraska: Page 253 of 320 1. The Amended Redevelopment Plan of the City approved for Redevelopment Area No. 34 in the city of Grand Island, Hall County, Nebraska, including the Redevelopment Project described above, is hereby determined to be feasible and in conformity with the general plan for the development of the City of Grand Island as a whole and the Redevelopment Plan, including the Redevelopment Project identified above, is in conformity with the legislative declarations and determinations set forth in the Act; and it is hereby found and determined that (a) the redevelopment project in the plan would not be economically feasible without the use of tax-increment financing, (b) the redevelopment project would not occur in the community redevelopment area without the use of tax-increment financing, and (c) the costs and benefits of the redevelopment project, including costs and benefits to other affected political subdivisions, the economy of the community, and the demand for public and private services have been analyzed by the City and have been found to be in the long-term best interest of the community impacted by the redevelopment project. The City acknowledges receipt of notice of intent to enter into the Redevelopment Contract in accordance with Section 18-2119 of the Act and of the recommendations of the Authority and the Planning Commission. 2. Approval of the Amended Redevelopment Plan is hereby ratified and reaffirmed, as amended by this Resolution, and the Authority is hereby directed to implement the Amended Redevelopment Plan in accordance with the Act. 3. Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in the Redevelopment Project included or authorized in the Plan which is described above shall be divided, for a period not to exceed 15 years after the effective date of this provision, which effective date shall set by the Community Redevelopment Authority in the redevelopment contract as follows: a. That proportion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the Redevelopment Project Valuation (as defined in the Act) shall be paid into the funds of each such public body in the same proportion as all other taxes collected by or for the bodies; and b. That proportion of the ad valorem tax on real property in the Redevelopment Project in excess of such amount, if any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds, loans, notes or advances of money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, such Redevelopment Project. When such bonds, loans, notes, advances of money, or indebtedness, including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such Redevelopment Project shall be paid into the funds of the respective public bodies. c. The CRA is authorized and directed to execute and file with the Treasurer and Assessor of Hall County, Nebraska, an Allocation Agreement and Notice of Pledge of Taxes with respect to each Redevelopment Project. Page 254 of 320 4. The City hereby finds and determines that the proposed land uses and building requirements in the Redevelopment Area are designed with the general purposes of accomplishing, in accordance with the general plan for development of the City, a coordinated, adjusted and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity; and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of a healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreation and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 24, 2023 _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 255 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 11.a. Subject: Request to Approve Mayoral Appointment of City Attorney Staff Contact: Laura McAloon, Aaron Schmid BACKGROUND: On June 27, 2023, the office of City Attorney became vacant upon the appointment of former City Attorney Laura McAloon to the position of City Administrator. The administration felt confident it could move to fill the vacancy quickly through an internal search effort and did not request Council approval for the engagement of an outside search firm. DISCUSSION: Aaron Schmid, Human Resources Director, initiated a search for qualified candidates immediately after the position of City Attorney became vacant. Grand Island resident and experienced municipal attorney Kari Fisk was the first applicant. Upon review of Kari's resume and training, Mr. Schmid and City Administrator McAloon interviewed Ms. Fisk and recommended to Mayor Steele that he interview her. Mayor Steele had the same positive impression of Ms. Fisk and directed Mr. Schmid to arrange interviews of Ms. Fisk by the City Council and a group of City department directors as well. The feedback received from all who were able to participate in the interview panels was overwhelmingly positive. Ms. Fisk's significant experience in advising the Buffalo County Board of Commissioners for many years makes her well qualified to advise the City of Grand Island as its next City Attorney. In addition, Ms. Fisk and her family became residents of Grand Island in the past year and a half, therefore the residency requirement for the City Attorney position would be satisfied immediately upon her appointment. Mayor Steele has offered Ms. Kari Fisk the position of Grand Island City Attorney, subject to the City Council's approval of her appointment. Ms. Fisk will start her employment on November 6, 2023 at Step 6 ($158,557.97 annually) of the City Attorney salary scale based on her years of experience as a Nebraska municipal lawyer. Page 256 of 320 FISCAL IMPACT: FY 24 costs are within existing budget authority for the position of City Attorney, which was conservatively budgeted for the top step in anticipation of a search and new hire. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the appointment of Kari Fisk as City Attorney. 2. Move to disapprove the appointment of Kari Fisk as City Attorney. RECOMMENDATION: Mayor Steele and the Council interview panel participants recommend approval of the appointment of Ms. Kari Fisk as City Attorney. SAMPLE MOTION: Move to approve the appointment of Ms. Kari Fisk as City Attorney. ATTACHMENTS: None Page 257 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 12.a. Subject: #2023-282 - Approving Directing Property Owner to Repair Sidewalk at 1310 S Lincoln Avenue Staff Contact: Keith Kurz BACKGROUND: Public Works Engineering and Code Enforcement have been working effectively through sidewalk complaints received from citizens in the community. The process set in place has been once a complaint is received by either office an Engineering Technician from the Public Works Department performs a site inspection, marking any areas of the public sidewalk that do not meet the Americans with Disability Act (ADA) requirements. Code Enforcement then attempts to work with the property owner to take the necessary action. Section 32-58 of the City Code and Section 16-662 R.S. Nebraska Statues, make the property owner responsible for repairing sidewalks adjacent to their property. DISCUSSION: An Engineering Technician evaluated the condition of the public sidewalk at 1310 S Lincoln Avenue and deemed such to be out of compliance with the Americans with Disabilities Act (ADA). Both Code Enforcement and Public Works Engineering staff have tried to reach a resolution with the property owners to make the necessary repairs, to no avail. A summary sheet for property contact is attached for reference. On October 12, 2023 a letter was sent to the affected property owners notifying them the matter would be presented to City Council on October 24, 2023 to prevent accident or injury to citizens using the public sidewalk. The Public Works Department is requesting that a resolution be passed giving the property owners of the identified addresses 15 days to obtain the sidewalk permit and 15 days from issuance of such permit to complete the repairs of the public sidewalk, as this is a public safety concern. Page 258 of 320 If the property owners fail to either obtain the sidewalk permit in the 15 day timeframe or complete the necessary repairs 15 days after such permit is issued, the City of Grand Island will take steps to make the necessary repairs with all costs being the responsibility of the property owner. FISCAL IMPACT: There is no fiscal impact. 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 presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve a resolution directing the property owner of 1310 S Lincoln Avenue to obtain a permit and repair the sidewalk at such location. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Supporting Documentation 2. Resolution 3. Exhibit Page 259 of 320 1310 S Lincoln Avenue •2023/7/26- o Public Works Administration received a complaint about the condition of the sidewalk o Code Enforcement officer spoke with the property owner & inquired if the City added the curb or if the homeowner did o Public Works Administration confirmed the homeowner moved their driveway, without leveling off the sidewalk from the old location, leaving non-ADA compliant areas •2023/7/28- Code Enforcement officer made contact with the homeowner and explained the surface needed to be leveled off. The Sidewalk Cost Share program was offered, with City contact information, and advised that a 30 day letter would be sent- told property owner City would be willing to work with their timeline/budget. •2023/8/17- Code Enforcement office rechecked the area and found no work performed. Homeowner has not contacted Public Works Administration for the Sidewalk Cost Share program •2023/8/31- Code Enforcement officer called & spoke Spanish w/ homeowner who advised she just had to put in a new air conditioner and couldn’t afford to fix the walk at this time. It was explained to homeowner to at least turn in the Sidewalk Cost Share application •2023/9/5- homeowner picked up Sidewalk Cost Share program application from Public Works Administration •2023/9/13- Code Enforcement officer inquired on if homeowner has received Sidewalk Cost Share application, which was confirmed- no work has begun to repair sidewalk •2023/9/27- Code Enforcement officer has rechecked sidewalk several times finding nothing has been corrected. Contact was made with property owner to return the completed Sidewalk Cost Share application within 5 days o Property owner told Code Enforcement officer she turned in the Sidewalk Cost Share application a couple of weeks ago and through an interpreter was told she didn’t qualify this year due to having no dependents (this isn’t a factor). She said she was told she would qualify next year. Private translator offered to return to PW Administration to translate the correct information. o PW Administrative Coordinator confirmed homeowner did pick up the Sidewalk Cost Share program. Process was talked through with homeowner; if 100% homestead exempt the City will reimburse 100% of our estimate for repairs, if they are not the reimbursement is 50%. There was no talk of dependents, as our program is not based on this •2023/9/28- Code Enforcement officer checked to see if Sidewalk Cost Share application has been submitted, which it has not •2023/9/29- Code Enforcement officer contacted the homeowner to meet at City Hall on October 2, 2023 to ensure the application is submitted •2023/10/4- Code Enforcement officer notified PW Administration meeting was unsuccessful on 10/2. Contact was made by Code officer with homeowner and was told she already submitted the Sidewalk Cost Share application even though there is no record of it. She said she had no ride to get another one and asked if we could get another application and take it to her- the response was no. Code officer requested guidance on how to proceed, and states “it’s obvious the property owner has no intentions of complying” o Public Works Administration added the sidewalk repair to the 10/24 Council agenda Page 260 of 320 R E S O L U T I O N 2023-282 WHEREAS, the City has the authority under Neb. Rev. Stat., §16-662 and Section 32-58 of the City Code, to direct the repair and replacement of sidewalks by owner of the abutting property; and WHEREAS, the sidewalk abutting 1310 S Lincoln Avenue (The Southerly 66 feet of the North 132 feet of the East ½ of Block 6, Pleasant Home Subdivision, City of Grand Island, Hall County, Nebraska) has been determined to be in need of repair and replacement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that notice be sent to the property owner of 1310 S Lincoln Avenue to obtain a sidewalk permit within 15 days and within 15 days of such permit issuance to make the necessary repairs to the sidewalk abutting the property previously listed. If the property owner fails to either obtain the sidewalk permit in the 15 day timeframe or complete the necessary repairs within 15 days of such permit issuance, the City will cause the work to be done and assess the cost against the affected property. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 24, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 261 of 320 PUBLIC WORKS DEPARTMENTCITY SIDEWALK COMPLAINT1310 S. Lincoln AvenueGRAND ISLAND, NEBRASKANNot to Scale1310S Lincoln Ave.4.00'21.55'Remove & Replace Approx. 86.20 SqFt SidewalkRemove Approx. 75.20 SqFt Driveway ApproachApprox. Property Line LocationPage 262 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 13.a. Subject: #9948 - Consideration of Revisions to Chapter 35 of the City Code (Water) Staff Contact: Ryan Schmitz, Ed Klimek, Laura McAloon BACKGROUND: On January 4, 2023 revisions to Chapter 35 of the City Code were amended by Ordinance No. 9912 that allowed the Utilities Department to assume ownership and maintenance of the water service lines for single family dwellings in the City right of way. On September 26, 2023 Resolution 2023-241 was adopted, approving a $4,500,000.00 loan amount from the State Revolving Fund for the City’s Lead Service Line replacement program. These Council actions have all been in preparation for Lead Service Line replacement and Lead and Copper Revised Rules that are to take effect on October 16, 2024. For the City to meet these requirements, further revisions to Chapter 35 - Water of City Code are necessary. DISCUSSION: The proposed City Code changes to Chapter 35 – Water, Section 35-7 include revisions to the referenced section of the code that allow Licensed Water Department Personnel to supervise replacement water service installation on the customer side of the curb stop in support of the lead service replacement program. The City will have sole responsibility to replace all lead service lines if they are leaking or damaged. The City shall develop and execute a plan to remove lead service lines annually. Also, the Utilities Department will execute and finance any construction work involving both private or public water service lines deemed necessary by the aforementioned plan. FISCAL IMPACT: There is no fiscal impact. 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. Page 263 of 320 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve Ordinance #9948 relative to revisions of the City Code, Chapter 35 - Water. SAMPLE MOTION: Move to approve Ordinance #9948 relative to revisions of the City Code Chapter 35 - Water. ATTACHMENTS: 1. Ordinance Page 264 of 320 ORDINANCE NO. 9948 An ordinance to amend Chapter 35 of Grand Island City Code, Section 35-7; and to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 35-7 within Chapter 35 of the Grand Island City Code shall be modified to read as follows: Article I. In General §35-7. New Service Pipes; Cost and Installation For Single Family Residential Services: The customer is responsible for all costs of the new service installation. This includes the Utility tapping fee, any outstanding assessment fees, Building Department and Utilities Department Fees, and all material and labor construction costs. All new service piping on the customer side of the curb stop must be installed under the supervision of a Contracting Plumber licensed within the jurisdiction or City of Grand Island Utilities Department personnel holding water operator licenses in cases being done in support of the lead service replacement program. All new service piping from the water main up to, and including, the curb stop may be installed under the oversite of the Utilities Department or a Contracting Plumber. Once installed, and a meter release has been issued, the Utilities Department will take ownership of all components from the water main up to, and including, the curb stop. The customer will retain ownership and maintenance responsibility of all components from the curb stop up to, and including all facilities on their property. If the water service is a lead service line, the City shall be solely responsible for replacement of the lead service line in the event of a leaking or damaged service line. The City of Grand Island shall have and execute a plan to annually remove lead water service lines from its system. Any construction work, involving both private and public water service lines, deemed necessary via the aforementioned plan will be performed and financed by the Utilities Department. For Commercial, Industrial, and Multi-Family Services: The customer is responsible for all costs of the new service installation. This includes the Utility tapping fee, any outstanding assessment fees, Building Department and Utilities Department and/or Utility Engineering Fees, and all material and labor construction costs. All new service piping on the customer side of the curb stop, or private line valve, must be installed under the supervision of a Contracting Plumber licensed within the jurisdiction. with the exception of service work performed in the right-of- way as part of a water main construction project. All new service piping 4” and larger may be installed by Utility Personnel, Utility Contractors, or a Contracting Plumber. The customer will retain ownership and maintenance responsibility of all components from the water main up to, and including, all facilities on their property. Looped fire mains will not be allowed unless given a written exception by the Utilities Director. SECTION 2. Any ordinance or parts of ordinances in conflict herewith be, and hereby are, repealed. Page 265 of 320 ORDINANCE NO. 9948 (Cont.) - 2 - SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen (15) days in one issue of the Grand Island Independent as provided by law. Enacted: October 24, 2023 ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ Jill Granere, Deputy City Clerk Page 266 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 13.b. Subject: #9949 - Consideration of Approving Assessments for Parking District #3 Staff Contact: Brian Schultz BACKGROUND: The creation of Parking District #3 occurred January 8, 2019. The goal of the new Parking District #3 is to better balance those paying into the Parking District with those who are using and/or most benefit from the Parking District. Under former Parking District No. 1 established in the 1970’s the financial burden of parking lot maintenance fell solely upon retail and professional businesses within the district through an occupation tax. Over time, however, the use of downtown properties evolved with retail uses replaced by non-business uses and by use by non-retail and non-professional business. Through formation of Off-street Parking District No. 3 and the levy of special assessments the financial burden of maintaining off-street parking lots will be distributed among the owners of all properties within the district irrespective of the use of the property, whether business, retail, government, religious, or nonprofit. This will achieve a fairer and more equitable distribution of the financial burden among all properties specially benefitted by the availability of convenient free off-street parking within the district. DISCUSSION: Property owners within the District will be charged a special assessment based on the entire square footage of their buildings. The square footage is based on the information obtained from the County Assessor; however, if square footage was not available from the Assessor, then a calculation was done based on outer building dimensions and the number of floors. The total square footage for Parking District #3 is 1,653,492. The special assessment charge for the 2022-2023 year to be collected in the 2023-2024 fiscal year is $83,470 or $0.0505/square foot. Property owners who have parking within their property that is open to the public, customers or users of the building can apply for a $/space credit. This credit can reduce the amount owed for that property or other properties owned by the same owner within 300 feet to a minimum of $0. Any excess that cannot be used will not be paid out to the property owner or credited to other properties more than 300 feet away. Multiple $/space credits scenarios were developed and are presented below for future consideration at the board of equalization meeting for approval. Page 267 of 320 Scenario A - $10 credit given, Parking District #3 would have an estimated credit amount of $7,182, leaving $76,288 of the special assessment amount collectible. Scenario B - $20 credit given, Parking District #3 would have an estimated credit amount of $12,842, leaving $70,628 of the special assessment amount collectible. The Board of Equalization will approve the special assessments at their full amounts, as stated in the BOE resolution. If a credit for parking is requested prior to billing then the net amount owed will be billed. If a credit is requested after the bill has been sent, but prior to the bill becoming delinquent (after 50 days), the credit will be applied and a new bill can be generated, if needed. Finally, all requests for credits will be reviewed and those that are approved will be allowed. A list of credit forms received to date is attached to this item. Additional information about the parking district and it's history was provided as part of the memo for the September 26, 2023 meeting, item 11c approving resolution 2023-151. FISCAL IMPACT: The recommended assessment value is an overall increase of $10,000 from the prior year 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 presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve the ordinance A or B reflecting the item approved as part of item 8a / 2023-BE-5 during the board of equalization. The option not approved from the board of equalization will automatically fail. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Parking Dist 3 Requested Credits List 2. Ordinance (A) 3. Ordinance (B) Page 268 of 320 Parcel Address Name Parking Spaces400004097 221 E South Front St (YMCACity of GI80400006685 100 E 1st ST City of GI 159400004739 416 W 3rd Mark Stelk 2400006944 321 W 2nd St Zach Zoul / Zoul Properties7400005603 212 N Locust Clint Simmons / C&S Group 14400006952 105‐111 N Walnut HPG Corner LLC 13400004437 112 W 3rd Studio 10 Art Gallery 2400005557 210‐212 W 2nd St Thomas Ziller ‐ TW Ziller Properties 3400004623 309‐311 North Locust St Downtown Center LLC 72400005700 112 W 2nd Scott Gorka 15400004712 424 W 3rd St Amy Mayhew 53400004925502, 506 W 3rd St T‐Squared Properties4400005786 211 N Sycamore S & V Investments LLC 25400004828 325 N Elm Mead Lumber / Jeffrey Heng 17400006707 101 W 2nd Equitable Bank400006723 113 N Locust Equitable Bank400135876 115 W 2ND ST Equitable Bank400143259 123 N LOCUST ST 102 Equitable Bank400143267 123 N LOCUST ST 103 Equitable Bank400143275 123 N LOCUST ST 104 Equitable Bank400292963 Equitable Bank2022‐2023 PARK2350Page 269 of 320 * This Space Reserved for Register of Deeds * ORDINANCE NO. 9949 (A) An ordinance to assess and levy a special tax to pay 2022-2023 operation and maintenance costs of Vehicle Offstreet Parking District No. 3 of the City Of Grand Island, Nebraska; to provide for credit against said assessment and levy for private parking spaces provided; to provide for the collection of such special tax; to repeal any provisions of the Grand Island City Code, ordinances, or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the 2022-2023 revenue year cost of Vehicle Offstreet Parking District No. 3 of the City of Grand Island, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such Vehicle Offstreet Parking District, after due notice having been given thereof as provided by law; and a special tax for such 2022-2023 revenue year is hereby levied at one Page 270 of 320 ORDINANCE NO. 9949 (A) - 2 - time upon such lots, tracts and lands in the City of Grand Island, Hall County, Nebraska, as follows: PARCEL CURRENT OWNER LEGAL SQFT 2023 Charge 400004097 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLKS 52 & 53 & PT VAC KIMBALL AVE 83295 4,239.72 400004119 CASA DE ORACION, INC ORIGINAL TOWN N 100.5' E 2/3 LT 1 BLK 54 13149 669.28 400004135 WING PROPERTIES INC ORIGINAL TOWN W 1/3 LT 1 BLK 54 0 - 400004143 SHEARER RENTALS ORIGINAL TOWN LT 2 BLK 54 18620 947.76 400004151 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 3 BLK 54 0 - 400004178 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 4 BLK 54 0 - 400004186 HERRERA/ANDRES R & KIANA A ORIGINAL TOWN N 1/2 W 2/3 LT 6 & N 1/2 LT 5 BLK 54 21914 1,115.42 400004194 KATROUZOS/GUS G ORIGINAL TOWN S 60' W 1/3 LT 5BLK54 3924 199.73 400004208 KATROUZOS/GUS G ORIGINAL TOWN S 60' W 16' E 2/3 LT 5 BLK 54 1856 94.47 400004216 PINNACLE BANK ORIGINAL TOWN E 28' S 1/2 LT 5 & N 6' W 38' S 1/2 LT 5 BLK 54 9900 503.91 400004232 WING PROPERTIES INC ORIGINAL TOWN E 22' W 44' S 1/2 & E 22' LT 6 BLK 54 8712 443.44 400004240 WING PROPERTIES INC ORIGINAL TOWN W 1/3 LT 7 BLK 54 8228 418.81 400004259 WING PROPERTIES INC ORIGINAL TOWN C 1/3 LT 7 BLK 54 7304 371.77 400004275 WING PROPERTIES INC ORIGINAL TOWN LT 8 & E 1/3 OF LT 7 XC 15' X 15' X 15' SOLD TO CITY BLK 54 23929 1,217.99 400004305 URBAN ISLAND LLC ORIGINAL TOWN N 1/2 LT 1 BLK 55 12184 620.17 400004313 URBAN ISLAND LLC ORIGINAL TOWN N 44' OF S 1/2 LT 1 BLK 55 5280 268.75 400004321 IRVINE/VIRGINIA ORIGINAL TOWN S 22' LT 1 BLK 55 1320 67.19 400004348 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 1/2 LT 3 & ALL LT 2 BLK 55 0 - 400004356 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 1/2 W 1/2 LT 3 & N 1/2 LT 4 BLK 55 0 - 400004364 EBMT PROPERTIES, LLC ORIGINAL TOWN S 1/2 W 1/2 LT 3 & S 1/2 LT 4 BLK 55 18975 965.83 400004372 DOWNTOWN CENTER LLC ORIGINAL TOWN N 67.5' LT 5 BLK 55 0 - 400004380 ARMSTRONG/MATTHEW E & JANELLE A ORIGINAL TOWN N 20' S 64.5' LT 5 BLK 55 3720 189.35 Page 271 of 320 ORDINANCE NO. 9949 (A) - 3 - 400004399 RESSLER, DONALD JR ORIGINAL TOWN S 44.5' LT 5 BLK 55 8530 434.18 400004402 FAMOS CONSTRUCTION INC ORIGINAL TOWN W 2/3 LT 6 BLK 55 15576 792.82 400004429 ARCHIE/JENNIFER L & FLOYD D ORIGINAL TOWN E 1/3 LT 6 BLK 55 7568 385.21 400004437 STUDIO 10 ART GALLERY LLC ORIGINAL TOWN W 1/3 LT 7 BLK 55 5874 298.99 400004445 HEDDE BUILDING LLC ORIGINAL TOWN E 2/3 LT 7 BLK 55 18836 958.75 400004461 T W ZILLER PROPERTIES LLC ORIGINAL TOWN W 1/3 LT 8 BLK 55 9504 483.75 400004488 T W ZILLER PROPERTIES LLC ORIGINAL TOWN C 1/3 LT 8 BLK 55 9504 483.75 400004496 T W ZILLER PROPERTIES LLC ORIGINAL TOWN E 1/3 LT 8 BLK 55 11744 597.77 400004518 UNION PACIFIC RAILROAD ORIGINAL TOWN N OF BLKS 55 & 56 134.5' X 550' UP RR ROW 0 - 400004526 DOWNTOWN CENTER LLC ORIGINAL TOWN N 68' LT 1 & ALL LT 2 & E 1/2 LT 3 BLK 56 0 - 400004534 DOWNTOWN CENTER LLC ORIGINAL TOWN N 22' S 42' & W 6' S 20' LT 1 BLK 56 0 - 400004542 DOWNTOWN CENTER LLC ORIGINAL TOWN N 22' S 64' LT 1 BLK 56 0 - 400004550 DOWNTOWN CENTER LLC ORIGINAL TOWN S 20' E 60' LT 1 BLK 56 0 - 400004577 PANTHERA INVESTMENT GROUP LLC ORIGINAL TOWN W 1/3 LT 5 BLK 56 7964 405.37 400004585 URBAN ISLAND LLC ORIGINAL TOWN E 2/3 LT 5 BLK 56 16632 846.57 400004593 POHL/JAMES A ORIGINAL TOWN LT 6 BLK 56 17424 886.88 400004615 308 REAL ESTATE, LLC ORIGINAL TOWN LT 7 BLK 56 24948 1,269.85 400004623 DOWNTOWN CENTER LLC ORIGINAL TOWN LT 8 BLK 56 41938 2,134.64 400004631 CITY OF G I PARK LOT ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 1/2 LT 1 & ALL LTS 2- 3 & 4 BLK 57 0 - 400004658 J & B RENTALS LLC ZILLER SUB LT 1 17424 886.88 400004666 THE GRAND FOUNDATION, INC ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 2/3 LT 6 BLK 57 10968 558.27 400004674 EBMT PROPERTIES, LLC ORIGINAL TOWN LT 7 BLK 57 26136 1,330.32 400004682 AMUR REAL ESTATE LLC ORIGINAL TOWN LT 8 BLK 57 21232 1,080.71 400004690 CORRAL/ANGEL ORIGINAL TOWN LTS 1 & 2 BLK 58 698 35.53 400004704 MAYHEW/AMY ORIGINAL TOWN N 1/2 LT 4 & N 1/2 LT 3 BLK 58 0 - 400004712 MAYHEW/AMY ORIGINAL TOWN LT 5 & W 22' LT 6 BLK 58 17608 896.25 Page 272 of 320 ORDINANCE NO. 9949 (A) - 4 - 400004720 MAYHEW/AMY ORIGINAL TOWN S 1/2 LT 3 & S 1/2 LT 4 BLK 58 0 - 400004739 STELK/MARK D JENSEN SUB LT 1 2024 103.02 400004747 BANDASACK, CHANH & SIPHAHN ORIGINAL TOWN W 1/3 LT 7 BLK 58 2634 134.07 400004755 LINDNER-BOMBECK TRUSTEE/MARILYN A ORIGINAL TOWN C 1/3 LT 7 BLK 58 2376 120.94 400004763 GALVAN/VICTORIA PRENSA LATINA SUB LT 1 1892 96.30 400004771 CALDERON/ELISEO PRENSA LATINA SUB LT 2 2024 103.02 400004798 STELK/MARK D PRENSA LATINA SUB LT 4 3008 153.11 400004801 STELK/MARK D & WANDA L PRENSA LATINA SUB LT 3 4240 215.82 400004828 MEAD BUILDING CENTERS ORIGINAL TOWN N 102.5' LT 1 & ALL LT 2 BLK 59 16962 863.37 400004844 T SQUARED PROPERTIES LLC ORIGINAL TOWN S 29.5' LT 1 BLK 59 0 - 400004852 THIRD CITY ARCHERS INC ORIGINAL TOWN S 99' LT 4 & ALL LT 3 BLK 59 7992 406.79 400004879 520 3RD ST, LLC ORIGINAL TOWN LT 5 BLK 59 8712 443.44 400004887 LUCERO/JOSE LUIS & AURA ORIGINAL TOWN E 23' W 46' LT 6 BLK 59 3251 165.48 400004895 GERDES/LARRY C & MARY ANN ORIGINAL TOWN W 23' LT 6 BLK 59 2998 152.60 400004909 BERTA/GARY J & BILLIE J ORIGINAL TOWN E 20' LT 6 & W 1/2 LT 7 BLK 59 2100 106.89 400004917 T SQUARED PROPERTIES LLC ORIGINAL TOWN W 22' E 1/2 LT 7 BLK 59 2462 125.32 400004925 T SQUARED PROPERTIES LLC ORIGINAL TOWN E 11' LT 7 & ALL LT 8 BLK 59 17787 905.36 400005050 D & A INVESTMENTS LLC ORIGINAL TOWN S 44' LT 1 BLK 62 2904 147.81 400005069 D & A INVESTMENTS LLC ORIGINAL TOWN N 88' LT 1 BLK 62 5808 295.63 400005077 D & A INVESTMENTS LLC ORIGINAL TOWN LT 2 BLK 62 8712 443.44 400005085 D & A INVESTMENTS, INC ORIGINAL TOWN TO THE CITY OF GRAND ISLAND S 66' LT 4 & N 66' E 57' LT 3 & S 66' LT 3 BLK 62 7524 382.97 400005093 D & A INVESTMENTS LLC ORIGINAL TOWN N 66' W 9' LT 3 & N 66' LT 4 BLK 62 1585 80.68 400005166 HUENEFELD/DANIEL C & LINDA K ORIGINAL TOWN LTS 1 & 2 BLK 63 29033.28 1,477.79 400005168 GRAND ISLAND ENTREPRENEURIAL VENTURE LLC CITY CENTRE CONDOMINIUMS UNIT 2 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK63)7947.446 404.53 400005170 PARAMOUNT DEVELOPMENT, LLC CITY CENTRE CONDOMINIUMS UNIT 3 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK63)6047.816 307.83 Page 273 of 320 ORDINANCE NO. 9949 (A) - 5 - 400005172 PARAMOUNT DEVELOPMENT, LLC CITY CENTRE CONDOMINIUMS UNIT 4 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK63)7351.008 374.17 400005174 LL FORGY PROPERTIES, LLC ORIGINAL TOWN E 2/3 LT 3 BLK 63 3693 187.97 400005182 MASONIC TEMPLECRAFT ASSO OF GI ORIGINAL TOWN W 1/3 LT 3 & E 1/3 LT 4 BLK 63 5808 295.63 400005190 GUERRERO/ROCIO A ESPARZA ORIGINAL TOWN TO THE CITY OF GRAND ISLAND W 2/3 LT 4 BLK 63 5808 295.63 400005204 WARDENS & VESTRYMEN OF ST ST. STEPHENS SUB TO THE CITY OF GRAND ISLAND LT 1 15561 792.05 400005212 WARDENS & VESTRY ST STEPHENS ST. STEPHENS SUB TO THE CITY OF GRAND ISLAND LT 2 0 - 400005220 MATT JURGENA AGENCY LLC ORIGINAL TOWN S 88' LT 8 BLK 63 1668 84.90 400005239 T W ZILLER PROPERTIES LLC ORIGINAL TOWN N 44' LT 8 BLK 63 8712 443.44 400005247 YENNIFRE, LLC ORIGINAL TOWN E 1/3 LT 1 BLK 64 8657 440.64 400005255 HAND/CRAIG C ORIGINAL TOWN C 1/3 LT 1 BLK 64 7243 368.67 400005263 BOWEN/STEPHEN T & JACQUELINE E ORIGINAL TOWN W 1/3 LT 1 BLK 64 4296 218.67 400005271 A HIGHER PLANE PRODUCTIONS LLC ORIGINAL TOWN E 44' LT 2 BLK 64 11000 559.90 400005298 A HIGHER PLANE PRODUCTIONS, LLC ORIGINAL TOWN W 1/3 LT 2 BLK 64 4375 222.69 400005301 DOUBLE S PROPERTIES LLC ORIGINAL TOWN E 1/3 LT 3 BLK 64 8448 430.00 400005328 ALVAREZ/ABRAHAM HERMOSILLO ORIGINAL TOWN W 2/3 LT 3 BLK 64 16896 860.01 400005336 GERDES/GALEN E & TAMERA M ORIGINAL TOWN LT 4 BLK 64 17292 880.16 400005344 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 5 BLK 64 0 - 400005352 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 6 & 7 BLK 64 0 - 400005360 WAGONER/MICHAEL ORIGINAL TOWN N 22' LT 8 BLK 64 2838 144.45 400005379 TAYLOR/TERRY N & SUSAN M ORIGINAL TOWN S 1/2 N 1/3 LT 8 BLK 64 4136 210.52 400005387 PERFORMANCE PLUS LIQUIDS, INC ORIGINAL TOWN N 44' S 88' LT 8 BLK 64 5790 294.71 400005395 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND S 44' LT 8 BLK 64 0 - 400005409 HEDDE BUILDING LLC ORIGINAL TOWN LT 1 BLK 65 25380 1,291.84 400005417 NIELSEN/PAUL C & HANNAH M ORIGINAL TOWN E 1/3 LT 2 BLK 65 5808 295.63 400005425 TAKE FLIGHT INVESTMENTS LLC ORIGINAL TOWN C 1/3 LT 2 BLK 65 5472 278.52 400005433 TAKE FLIGHT INVESTMENTS LLC ORIGINAL TOWN W 1/3 LT 2 BLK 65 6666 339.30 Page 274 of 320 ORDINANCE NO. 9949 (A) - 6 - 400005441 TAKE FLIGHT INVESTMENTS, LLC ORIGINAL TOWN E 1/3 LT 3 BLK 65 2626 133.66 400005468 IGLESIA EVANGELICA PENTECOSTES ORIGINAL TOWN TO THE CITY OF GRAND ISLAND C 1/3 LT 3 BLK 65 7304 371.77 400005476 SWEET DREAM LINGERIE, INC ORIGINAL TOWN W 1/3 LT 3 BLK 65 7920 403.13 400005484 HOFFER/ALLEN & LINDA ORIGINAL TOWN E 1/3 LT 4 BLK 65 7920 403.13 400005492 AZURE INVESTMENT GROUP, LLC ORIGINAL TOWN W 2/3 LT 4 BLK 65 11176 568.86 400005506 SCOTTIE DOG PROPERTIES, LLC ORIGINAL TOWN S 44' N 1/2 LT 5 BLK 65 5632 286.67 400005514 TAYLOR/TERRY N & SUSAN M ORIGINAL TOWN N 22' LT 5 BLK 65 4356 221.72 400005522 J O ENTERPRISES INC ORIGINAL TOWN S 1/2 LT 5 BLK 65 4074 207.37 400005530 J & B RENTALS LLC ORIGINAL TOWN W 1/3 LT 6 BLK 65 2482 126.33 400005549 T W ZILLER PROPERTIES LLC ORIGINAL TOWN E 2/3 LT 6 BLK 65 14048 715.04 400005557 T W ZILLER PROPERTIES LLC ORIGINAL TOWN W 1/2 LT 7 BLK 65 6600 335.94 400005565 C & S GROUP LLC ORIGINAL TOWN N 55' E 1/2 LT 7 & N 55' LT 8 BLK 65 0 - 400005573 C & S GROUP LLC ORIGINAL TOWN PT W 18.9' E 1/2 LT 7 & N 29.9' E 14.1' LT 7 & W 29' OF C 22' OF E 1/2 LT 7 & N 29.9' OF S 55'LT 8 XC N 6' S 31.1' E 40' LT 8 BLK 65 2715 138.19 400005581 PARMLEY/DAVID J ORIGINAL TOWN C 22' E 4' LT 7 & C 22' LT 8 BLK 65 3080 156.77 400005603 C & S GROUP LLC ORIGINAL TOWN S 25.1' E 14.1' LT 7 & S 25.1' LT 8 & N 6' S 31.1' E 40' LT 8 BLK 65 6720 342.05 400005611 AZTECA MARKET LLC ORIGINAL TOWN LTS 1 & 2 BLK 66 34848 1,773.76 400005638 FRANCO ENTERTAINMENT, LLC ORIGINAL TOWN W 2/3 LT 3 XC W 17.5' OF S 44' BLK 66 12358 629.02 400005646 VIPPERMAN/JOHN FREDRICK ORIGINAL TOWN E 1/3 LT 3 BLK 66 8712 443.44 400005654 RISE PROPERTIES, LLC ORIGINAL TOWN N 88' E 1/3 LT 4 BLK 66 5094 259.28 400005662 ARENDS/SIERRA ORIGINAL TOWN N 88' C 1/3 LT 4 BLK 66 5148 262.03 400005670 WING EMPIRE INC ORIGINAL TOWN N 80' W 1/3 LT 4 BLK 66 4620 235.16 400005689 URBAN ISLAND LLC ORIGINAL TOWN W 17 1/2' S 44' LT 3 & N 8' S 52' W 22' & S 44' LT 4 BLK 66 27104 1,379.59 400005697 ARTISAN'S ALLEY LLC ORIGINAL TOWN W 1/3 LT 6 & ALL LT 5 BLK 66 27407 1,395.02 400005700 URBAN ISLAND LLC ORIGINAL TOWN E 2/3 LT 6 & W 1/3 LT 7 BLK 66 21780 1,108.60 400005719 RAWR HOLDINGS LLC ORIGINAL TOWN E 2/3 LT 7 BLK 66 7832 398.65 Page 275 of 320 ORDINANCE NO. 9949 (A) - 7 - 400005722 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 101 (FIRST FLOOR)~9538 485.48 400005723 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 201 (2ND FLOOR)7049 358.79 400005725 GRAND ISLAND REAL ESTATE OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 301 (3RD FLOOR)7223 367.65 400005727 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 001 (BASEMENT)8406 427.87 400005729 OLD CITY HALL COND ASSO INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME(COMMON AREA)3753 191.03 400005735 CITY OF GI ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 1/2 BLK 67 0 - 400005743 COUNTY OF HALL NEBRASKA ORIGINAL TOWN S 1/2 BLK 67 8945 455.30 400005751 S&V INVESTMENTS LLC ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 1/3 LT 2 & ALL LT 1 BLK 68 0 - 400005786 S&V INVESTMENTS LLC SV SUB LT 1 23938 1,218.44 400006685 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLK 78 & VACATED ALLEY 49773 2,533.45 400006707 EQUITABLE BLDG & LOAN ASSN/THE ORIGINAL TOWN LT 1 BLK 79 434 22.09 400006715 EQUITABLE BLDG & LOAN ASSN OF GI ORIGINAL TOWN LT 2 BLK 79 0 - 400006723 EQUITABLE BLDG & LOAN ASSN/THE ORIGINAL TOWN S 44' LT 3 & S 44' LT 4 BLK 79 4906 249.72 400006766 EQUITABLE BLDG & LOAN ASSN OF GI ORIGINAL TOWN N 26' 10.5 LT 8 BLK 79 0 - 400006774 EQUITABLE BLDG & LOAN ASSN OF G I ORIGINAL TOWN S 17' 1.5 N 44' LT 8 BLK 79 0 - 400006782 EQUITABLE BLDG & LOAN ASSN OF G I ORIGINAL TOWN S 88' LT 8 BLK 79 0 - 400006790 CALDERON/ELISEO ORIGINAL TOWN E 22' LT 4 & W 22' LT 3 BLK 80 13280 675.95 400006809 CALDERON/ELISEO ORIGINAL TOWN W 44' LT 4 BLK 80 17864 909.28 400006812 NORTHWESTERN BELL TELE CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 5-6-7 BLK 80 86184 4,386.77 400006820 NORTHWESTERN BELL TELE CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 44' LT 8 BLK 80 0 - 400006839 BZ LLC ORIGINAL TOWN C 1/3 LT 8 BLK 80 2836 144.35 400006847 HALL CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 1-2 & E 44' LT 3 BLK 80 23339 1,187.96 400006863 MITCHELL/DEREK L & RUTH E ORIGINAL TOWN S 44' LT 8 BLK 80 2904 147.81 400006871 VICTORY BIBLE ORIGINAL TOWN TO THE CITY OF 26094 Page 276 of 320 ORDINANCE NO. 9949 (A) - 8 - FELLOWSHIP OF THE GRAND ISLAND LT 1 BLK 81 1,328.18 400006898 GRAND ISLAND AREA CHAMBER OF COMMERCE ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 2/3 LT 2 BLK 81 12760 649.48 400006901 LEFT CLICK PROPERTIES LLC ORIGINAL TOWN W 1/3 LT 2 BLK 81 2420 123.18 400006928 TINAJERO/FRANCISCO ORIGINAL TOWN E 1/3 LT 3 BLK 81 2464 125.42 400006936 ENCINGER ENTERPRISES LLC ORIGINAL TOWN C 1/3 LT 3 BLK 81 7106 361.70 400006944 ZOUL PROPERTIES, LLC ORIGINAL TOWN W 1/3 LT 3 & ALL 4 BLK 81 4860 247.37 400006952 HPG CORNER, LLC ORIGINAL TOWN LT 5 BLK 81 5868 298.68 400006960 HPG CORNER, LLC ORIGINAL TOWN LT 6 BLK 81 2426 123.48 400006979 WHEELER STREET PARTNERSHIP ORIGINAL TOWN LT 7 & S 2/3 LT 8 BLK 81 6607 336.30 400006987 WHEELER ST PARTNERSHIP ORIGINAL TOWN N 1/3 LT 8 BLK 81 7656 389.69 400006995 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 1 & PT VAC ALLEY BLK 82 0 - 400007002 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 2 & PT VAC ALLEY BLK 82 4742 241.37 400007010 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 3 & PT VAC ALLEY BLK 82 0 - 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LLC GILBERT'S SUB NORTH, PART OF BLK 79, ORIGINAL TOWN 22' X 99' LT A 2904 147.81 400135876 EQUITABLE BUILDING & LOAN ASSOC GILBERT'S SUB NORTH, PART OF BLK 79, ORIGINAL TOWN LT B 1452 73.91 400143259 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 102 939 47.80 400143267 EQUITABLE BUILDING & THE YANCEY, A CONDOMINIUM UNIT 1364 Page 277 of 320 ORDINANCE NO. 9949 (A) - 9 - LOAN ASSOC 103 69.43 400143275 EQUITABLE BUILDING & LOAN ASSN/THE THE YANCEY, A CONDOMINIUM UNIT 104 3367 171.38 400143283 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 201A 3616 184.05 400143291 DEVCO INVESTMENT CORPORATION THE YANCEY, A CONDOMINIUM UNIT 301 787 40.06 400143305 GEORGE/MOLLIE JO THE YANCEY, A CONDOMINIUM UNIT 302 567 28.86 400143313 FARR/THOMAS M & NITA J THE YANCEY, A CONDOMINIUM UNIT 303 730 37.16 400143321 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 304 734 37.36 400143348 HINRICHS/DARRELL D & MARLENE M THE YANCEY, A CONDOMINIUM UNIT 305 910 46.32 400143356 HETTLE/MICHAEL THE YANCEY, A CONDOMINIUM UNIT 401 582 29.62 400143364 GOMEZ/SARA THE YANCEY, A CONDOMINIUM UNIT 402 654 33.29 400143372 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 403 631 32.12 400143380 GOMEZ, SARA & ANIBAL THE YANCEY, A CONDOMINIUM UNIT 404 722 36.75 400143399 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 405 630 32.07 400143402 POWERS/YOLANDA L THE YANCEY, A CONDOMINIUM UNIT 406 623 31.71 400143410 THE A-A-RON GROUP, LLC THE YANCEY, A CONDOMINIUM UNIT 407 900 45.81 400143429 LUCE/ERIC D THE YANCEY, A CONDOMINIUM UNIT 501 582 29.62 400143437 CASTELLANOS/HECTOR CAMILO ACOSTA THE YANCEY, A CONDOMINIUM UNIT 502 671 34.15 400143445 LEISURE ISLAND RENTALS, LLC THE YANCEY, A CONDOMINIUM UNIT 503 631 32.12 400143453 HARTER ENTERPRISES, LLC THE YANCEY, A CONDOMINIUM UNIT 504 722 36.75 400143461 INFINITY REAL ESTATE, LLC THE YANCEY, A CONDOMINIUM UNIT 505 630 32.07 400143488 HARTER ENTERPRISES, LLC THE YANCEY, A CONDOMINIUM UNIT 506 623 31.71 400143496 ALEXANDER/WENDY L THE YANCEY, A CONDOMINIUM UNIT 507 900 45.81 400143518 ROE/JIM GAYLORD & ADRIANA THE YANCEY, A CONDOMINIUM UNIT 601 582 29.62 400143526 ROE/JIM GAYLORD & ADRIANA THE YANCEY, A CONDOMINIUM UNIT 602 671 34.15 400143534 POST/KAELEIGH THE YANCEY, A CONDOMINIUM UNIT 603 631 32.12 400143542 JOHNSTON/ANDREW COLE THE YANCEY, A CONDOMINIUM UNIT 604 722 36.75 400143550 NELSON/DEAN A THE YANCEY, A CONDOMINIUM UNIT 605 630 32.07 Page 278 of 320 ORDINANCE NO. 9949 (A) - 10 - 400143569 LEE/EVAN E & TEREASA T MCDONALD THE YANCEY, A CONDOMINIUM UNIT 606 623 31.71 400143577 KILE/ABBY THE YANCEY, A CONDOMINIUM UNIT 607 900 45.81 400143585 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 701 582 29.62 400143593 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 702 671 34.15 400143607 LUBER/HANNAH THE YANCEY, A CONDOMINIUM UNIT 703 631 32.12 400143615 LEISURE ISLAND RENTALS, LLC THE YANCEY, A CONDOMINIUM UNIT 704 722 36.75 400143623 SEADREAM ENTERPRISES, LLC THE YANCEY, A CONDOMINIUM UNIT 705 630 32.07 400143631 WRIGHT/ALEXIA K THE YANCEY, A CONDOMINIUM UNIT 706 623 31.71 400143658 SABELS/MARTIN C THE YANCEY, A CONDOMINIUM UNIT 707 900 45.81 400143666 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 801 582 29.62 400143674 APPEL/AUSTIN THE YANCEY, A CONDOMINIUM UNIT 802 671 34.15 400143682 ZAVALA/VINCENT & SHARON THE YANCEY, A CONDOMINIUM UNIT 803 740 37.67 400143690 NESIBA/ MERLIN J & JUDY M THE YANCEY, A CONDOMINIUM UNIT 804 1062 54.06 400143704 POWERS/YOLANDA L THE YANCEY, A CONDOMINIUM UNIT 805 803 40.87 400143712 NELSON/JACK L THE YANCEY, A CONDOMINIUM UNIT 806 1001 50.95 400143720 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 901 582 29.62 400143739 LEISURE ISLAND RENTALS, LLC THE YANCEY, A CONDOMINIUM UNIT 902 671 34.15 400143747 DETLEFSEN/DARRELL F & LISA THE YANCEY, A CONDOMINIUM UNIT 903 740 37.67 400143755 NICKERSON/MITCHELL & SUSAN THE YANCEY, A CONDOMINIUM UNIT 904 1062 54.06 400143763 DIZMANG/TAMMY L THE YANCEY, A CONDOMINIUM UNIT 905 803 40.87 400143771 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 906 1001 50.95 400143798 KLEIN/MARTIN R THE YANCEY, A CONDOMINIUM UNIT 1001 582 29.62 400143801 HARTER ENTERPRISES, LLC THE YANCEY, A CONDOMINIUM UNIT 1002 671 34.15 400143828 LEISURE ISLAND RENTALS, LLC THE YANCEY, A CONDOMINIUM UNIT 1003 740 37.67 400143836 WHITEHEAD/DIANA L THE YANCEY, A CONDOMINIUM UNIT 1004 1062 54.06 400143844 YENNIFRE, LLC THE YANCEY, A CONDOMINIUM UNIT 1005 803 40.87 400143852 ADEN/STEVEN G THE YANCEY, A CONDOMINIUM UNIT 1006 1001 50.95 Page 279 of 320 ORDINANCE NO. 9949 (A) - 11 - 400143860 HINRICHS/DARRELL D & MARLENE M THE YANCEY, A CONDOMINIUM UNIT 1101 582 29.62 400143879 MUSQUIZ/LARRY J THE YANCEY, A CONDOMINIUM UNIT 1102 671 34.15 400143887 BUCKLEY/LYNN A THE YANCEY, A CONDOMINIUM UNIT 1103 740 37.67 400143895 PERFORMANCE PLUS LIQUIDS INC THE YANCEY, A CONDOMINIUM UNIT 1104 1062 54.06 400143909 BOLEY/LOREN E THE YANCEY, A CONDOMINIUM UNIT 1105 803 40.87 400143917 AULNER/KRISTINE THE YANCEY, A CONDOMINIUM UNIT 1106 1001 50.95 400287218 ARTVEST III THE YANCEY, A CONDOMINIUM UNIT 002 514 26.16 400287226 ARTVEST III THE YANCEY, A CONDOMINIUM UNIT 001 2068 105.26 400287390 ELLISON/ROXANN T ORIGINAL TOWN W 18.9' OF E 33' OF S 25.1' LT 7 BLK 65 450 22.91 400292963 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 101 227 11.55 400292971 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 201B 437 22.24 400292998 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 201C 1100 55.99 400293005 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 201D 839 42.71 400293498 UNION PACIFIC RAILROAD MISCELLANEOUS TRACTS 15-11-9 TO CITY OF G I, PT NW 1/4, LOCATED S~OF BLKS 44-45-46-47-48 O.T.~0 - 400293501 UNION PACIFIC RAILROAD MISCELLANEOUS TRACTS 16-11-9 TO THE CITY OF GRAND ISLAND PT NE 1/4 0 - 400294982 HOME FEDERAL SAVINGS & LOAN ORIGINAL TOWN PT LTS 1-2-3-4-7 & ALL 5 & 6 & PT VACATED ALLEY BLK 89 416 21.17 400325705 CALDERON/ELISEO JENSEN SUB LT 2 1650 83.99 400328798 MEAD BUILDING CENTERS IMPROVEMENTS ONLY LOCATED ON NO OF BLK 59 O.T. MISC TRACTS 16- 11-9 LANDOWNER: U NION PACIFIC RAILROAD 25439 1,294.85 400367009 IGLESIA EVANGELICA PENTECOSTES ZILLER SUB LT 2 16254 827.33 400401681 GRAND ISLAND/CITY OF WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND VACATED ST SOUTH OF LT 1 0 - 400467186 GRAND ISLAND LIEDERKRANZ ORIGINAL TOWN TO THE CITY OF GRAND ISLAND PT LTS 1-2-3&4 BLK87 0 - 400475235 CITY OF GRAND ISLAND PARKING RAMP SUB TO THE CITY OF GRAND ISLAND LTS 1-2-& 3 0 - 400524060 CITY OF GRAND ISLAND ORIGINAL TOWN VAC WHEELER AVE BETWEEN LT 5 BLK 56 & LT 8 BLK 57 RIGHT-OF-WAY ONLY 0 - 83475.82 Page 280 of 320 ORDINANCE NO. 9949 (A) - 12 - SECTION 2. The special tax shall become delinquent fifty (50) days from the date of this levy; the entire amount so assessed and levied against each lot or tract may be paid within fifty (50) days from the date of this levy without interest and the lien of special tax thereby satisfied and released. After the same shall become delinquent, interest at the rate of fourteen percent (14%) per annum shall accrue thereon. SECTION 4. Upon due and proper application received from the owner of any assessed tract or parcel, a $10 tax credit may be provided for each private parking space located upon the assessed tract or parcel, which credit shall be applied against the special tax due not to exceed the amount of the special assessment and tax. To qualify for credit, a parking space shall be of sufficient size for parking a passenger car. Application for the credit shall be made upon a form provided by the City’s Finance Department and shall be received prior to the date of the special assessment delinquency. SECTION 4. The city treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth, less applicable credits, as provided by law. SECTION 5. Such special assessments shall be paid into a fund to be designated as the “Vehicle Offstreet Parking District No. 3”. SECTION 6. Any provision of the Grand Island City Code, any ordinance, or part of an ordinance in conflict herewith is hereby repealed. SECTION 7. This ordinance shall be in force and take effect from and after its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: October 24, 2023 Page 281 of 320 ORDINANCE NO. 9949 (A) - 13 - _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 282 of 320 * This Space Reserved for Register of Deeds * ORDINANCE NO. 9949 (B) An ordinance to assess and levy a special tax to pay 2022-2023 operation and maintenance costs of Vehicle Offstreet Parking District No. 3 of the City Of Grand Island, Nebraska; to provide for credit against said assessment and levy for private parking spaces provided; to provide for the collection of such special tax; to repeal any provisions of the Grand Island City Code, ordinances, or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the 2022-2023 revenue year cost of Vehicle Offstreet Parking District No. 3 of the City of Grand Island, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such Vehicle Offstreet Parking District, after due notice having been given thereof as provided by law; and a special tax for such 2022-2023 revenue year is hereby levied at one Page 283 of 320 ORDINANCE NO. 9949 (B) - 2 - time upon such lots, tracts and lands in the City of Grand Island, Hall County, Nebraska, as follows: PARCEL CURRENT OWNER LEGAL SQFT 2023 Charge 400004097 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLKS 52 & 53 & PT VAC KIMBALL AVE 83295 4,239.72 400004119 CASA DE ORACION, INC ORIGINAL TOWN N 100.5' E 2/3 LT 1 BLK 54 13149 669.28 400004135 WING PROPERTIES INC ORIGINAL TOWN W 1/3 LT 1 BLK 54 0 - 400004143 SHEARER RENTALS ORIGINAL TOWN LT 2 BLK 54 18620 947.76 400004151 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 3 BLK 54 0 - 400004178 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 4 BLK 54 0 - 400004186 HERRERA/ANDRES R & KIANA A ORIGINAL TOWN N 1/2 W 2/3 LT 6 & N 1/2 LT 5 BLK 54 21914 1,115.42 400004194 KATROUZOS/GUS G ORIGINAL TOWN S 60' W 1/3 LT 5BLK54 3924 199.73 400004208 KATROUZOS/GUS G ORIGINAL TOWN S 60' W 16' E 2/3 LT 5 BLK 54 1856 94.47 400004216 PINNACLE BANK ORIGINAL TOWN E 28' S 1/2 LT 5 & N 6' W 38' S 1/2 LT 5 BLK 54 9900 503.91 400004232 WING PROPERTIES INC ORIGINAL TOWN E 22' W 44' S 1/2 & E 22' LT 6 BLK 54 8712 443.44 400004240 WING PROPERTIES INC ORIGINAL TOWN W 1/3 LT 7 BLK 54 8228 418.81 400004259 WING PROPERTIES INC ORIGINAL TOWN C 1/3 LT 7 BLK 54 7304 371.77 400004275 WING PROPERTIES INC ORIGINAL TOWN LT 8 & E 1/3 OF LT 7 XC 15' X 15' X 15' SOLD TO CITY BLK 54 23929 1,217.99 400004305 URBAN ISLAND LLC ORIGINAL TOWN N 1/2 LT 1 BLK 55 12184 620.17 400004313 URBAN ISLAND LLC ORIGINAL TOWN N 44' OF S 1/2 LT 1 BLK 55 5280 268.75 400004321 IRVINE/VIRGINIA ORIGINAL TOWN S 22' LT 1 BLK 55 1320 67.19 400004348 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 1/2 LT 3 & ALL LT 2 BLK 55 0 - 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5 - 400005172 PARAMOUNT DEVELOPMENT, LLC CITY CENTRE CONDOMINIUMS UNIT 4 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK63)7351.008 374.17 400005174 LL FORGY PROPERTIES, LLC ORIGINAL TOWN E 2/3 LT 3 BLK 63 3693 187.97 400005182 MASONIC TEMPLECRAFT ASSO OF GI ORIGINAL TOWN W 1/3 LT 3 & E 1/3 LT 4 BLK 63 5808 295.63 400005190 GUERRERO/ROCIO A ESPARZA ORIGINAL TOWN TO THE CITY OF GRAND ISLAND W 2/3 LT 4 BLK 63 5808 295.63 400005204 WARDENS & VESTRYMEN OF ST ST. STEPHENS SUB TO THE CITY OF GRAND ISLAND LT 1 15561 792.05 400005212 WARDENS & VESTRY ST STEPHENS ST. STEPHENS SUB TO THE CITY OF GRAND ISLAND LT 2 0 - 400005220 MATT JURGENA AGENCY LLC ORIGINAL TOWN S 88' LT 8 BLK 63 1668 84.90 400005239 T W ZILLER PROPERTIES LLC ORIGINAL TOWN N 44' LT 8 BLK 63 8712 443.44 400005247 YENNIFRE, LLC ORIGINAL TOWN E 1/3 LT 1 BLK 64 8657 440.64 400005255 HAND/CRAIG C ORIGINAL TOWN C 1/3 LT 1 BLK 64 7243 368.67 400005263 BOWEN/STEPHEN T & JACQUELINE E ORIGINAL TOWN W 1/3 LT 1 BLK 64 4296 218.67 400005271 A HIGHER PLANE PRODUCTIONS LLC ORIGINAL TOWN E 44' LT 2 BLK 64 11000 559.90 400005298 A HIGHER PLANE PRODUCTIONS, LLC ORIGINAL TOWN W 1/3 LT 2 BLK 64 4375 222.69 400005301 DOUBLE S PROPERTIES LLC ORIGINAL TOWN E 1/3 LT 3 BLK 64 8448 430.00 400005328 ALVAREZ/ABRAHAM HERMOSILLO ORIGINAL TOWN W 2/3 LT 3 BLK 64 16896 860.01 400005336 GERDES/GALEN E & TAMERA M ORIGINAL TOWN LT 4 BLK 64 17292 880.16 400005344 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 5 BLK 64 0 - 400005352 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 6 & 7 BLK 64 0 - 400005360 WAGONER/MICHAEL ORIGINAL TOWN N 22' LT 8 BLK 64 2838 144.45 400005379 TAYLOR/TERRY N & SUSAN M ORIGINAL TOWN S 1/2 N 1/3 LT 8 BLK 64 4136 210.52 400005387 PERFORMANCE PLUS LIQUIDS, INC ORIGINAL TOWN N 44' S 88' LT 8 BLK 64 5790 294.71 400005395 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND S 44' LT 8 BLK 64 0 - 400005409 HEDDE BUILDING LLC ORIGINAL TOWN LT 1 BLK 65 25380 1,291.84 400005417 NIELSEN/PAUL C & HANNAH M ORIGINAL TOWN E 1/3 LT 2 BLK 65 5808 295.63 400005425 TAKE FLIGHT INVESTMENTS LLC ORIGINAL TOWN C 1/3 LT 2 BLK 65 5472 278.52 400005433 TAKE FLIGHT INVESTMENTS LLC ORIGINAL TOWN W 1/3 LT 2 BLK 65 6666 339.30 Page 287 of 320 ORDINANCE NO. 9949 (B) - 6 - 400005441 TAKE FLIGHT INVESTMENTS, LLC ORIGINAL TOWN E 1/3 LT 3 BLK 65 2626 133.66 400005468 IGLESIA EVANGELICA PENTECOSTES ORIGINAL TOWN TO THE CITY OF GRAND ISLAND C 1/3 LT 3 BLK 65 7304 371.77 400005476 SWEET DREAM LINGERIE, INC ORIGINAL TOWN W 1/3 LT 3 BLK 65 7920 403.13 400005484 HOFFER/ALLEN & LINDA ORIGINAL TOWN E 1/3 LT 4 BLK 65 7920 403.13 400005492 AZURE INVESTMENT GROUP, LLC ORIGINAL TOWN W 2/3 LT 4 BLK 65 11176 568.86 400005506 SCOTTIE DOG PROPERTIES, LLC ORIGINAL TOWN S 44' N 1/2 LT 5 BLK 65 5632 286.67 400005514 TAYLOR/TERRY N & SUSAN M ORIGINAL TOWN N 22' LT 5 BLK 65 4356 221.72 400005522 J O ENTERPRISES INC ORIGINAL TOWN S 1/2 LT 5 BLK 65 4074 207.37 400005530 J & B RENTALS LLC ORIGINAL TOWN W 1/3 LT 6 BLK 65 2482 126.33 400005549 T W ZILLER PROPERTIES LLC ORIGINAL TOWN E 2/3 LT 6 BLK 65 14048 715.04 400005557 T W ZILLER PROPERTIES LLC ORIGINAL TOWN W 1/2 LT 7 BLK 65 6600 335.94 400005565 C & S GROUP LLC ORIGINAL TOWN N 55' E 1/2 LT 7 & N 55' LT 8 BLK 65 0 - 400005573 C & S GROUP LLC ORIGINAL TOWN PT W 18.9' E 1/2 LT 7 & N 29.9' E 14.1' LT 7 & W 29' OF C 22' OF E 1/2 LT 7 & N 29.9' OF S 55'LT 8 XC N 6' S 31.1' E 40' LT 8 BLK 65 2715 138.19 400005581 PARMLEY/DAVID J ORIGINAL TOWN C 22' E 4' LT 7 & C 22' LT 8 BLK 65 3080 156.77 400005603 C & S GROUP LLC ORIGINAL TOWN S 25.1' E 14.1' LT 7 & S 25.1' LT 8 & N 6' S 31.1' E 40' LT 8 BLK 65 6720 342.05 400005611 AZTECA MARKET LLC ORIGINAL TOWN LTS 1 & 2 BLK 66 34848 1,773.76 400005638 FRANCO ENTERTAINMENT, LLC ORIGINAL TOWN W 2/3 LT 3 XC W 17.5' OF S 44' BLK 66 12358 629.02 400005646 VIPPERMAN/JOHN FREDRICK ORIGINAL TOWN E 1/3 LT 3 BLK 66 8712 443.44 400005654 RISE PROPERTIES, LLC ORIGINAL TOWN N 88' E 1/3 LT 4 BLK 66 5094 259.28 400005662 ARENDS/SIERRA ORIGINAL TOWN N 88' C 1/3 LT 4 BLK 66 5148 262.03 400005670 WING EMPIRE INC ORIGINAL TOWN N 80' W 1/3 LT 4 BLK 66 4620 235.16 400005689 URBAN ISLAND LLC ORIGINAL TOWN W 17 1/2' S 44' LT 3 & N 8' S 52' W 22' & S 44' LT 4 BLK 66 27104 1,379.59 400005697 ARTISAN'S ALLEY LLC ORIGINAL TOWN W 1/3 LT 6 & ALL LT 5 BLK 66 27407 1,395.02 400005700 URBAN ISLAND LLC ORIGINAL TOWN E 2/3 LT 6 & W 1/3 LT 7 BLK 66 21780 1,108.60 400005719 RAWR HOLDINGS LLC ORIGINAL TOWN E 2/3 LT 7 BLK 66 7832 398.65 Page 288 of 320 ORDINANCE NO. 9949 (B) - 7 - 400005722 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 101 (FIRST FLOOR)~9538 485.48 400005723 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 201 (2ND FLOOR)7049 358.79 400005725 GRAND ISLAND REAL ESTATE OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 301 (3RD FLOOR)7223 367.65 400005727 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 001 (BASEMENT)8406 427.87 400005729 OLD CITY HALL COND ASSO INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME(COMMON AREA)3753 191.03 400005735 CITY OF GI ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 1/2 BLK 67 0 - 400005743 COUNTY OF HALL NEBRASKA ORIGINAL TOWN S 1/2 BLK 67 8945 455.30 400005751 S&V INVESTMENTS LLC ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 1/3 LT 2 & ALL LT 1 BLK 68 0 - 400005786 S&V INVESTMENTS LLC SV SUB LT 1 23938 1,218.44 400006685 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLK 78 & VACATED ALLEY 49773 2,533.45 400006707 EQUITABLE BLDG & LOAN ASSN/THE ORIGINAL TOWN LT 1 BLK 79 434 22.09 400006715 EQUITABLE BLDG & LOAN ASSN OF GI ORIGINAL TOWN LT 2 BLK 79 0 - 400006723 EQUITABLE BLDG & LOAN ASSN/THE ORIGINAL TOWN S 44' LT 3 & S 44' LT 4 BLK 79 4906 249.72 400006766 EQUITABLE BLDG & LOAN ASSN OF GI ORIGINAL TOWN N 26' 10.5 LT 8 BLK 79 0 - 400006774 EQUITABLE BLDG & LOAN ASSN OF G I ORIGINAL TOWN S 17' 1.5 N 44' LT 8 BLK 79 0 - 400006782 EQUITABLE BLDG & LOAN ASSN OF G I ORIGINAL TOWN S 88' LT 8 BLK 79 0 - 400006790 CALDERON/ELISEO ORIGINAL TOWN E 22' LT 4 & W 22' LT 3 BLK 80 13280 675.95 400006809 CALDERON/ELISEO ORIGINAL TOWN W 44' LT 4 BLK 80 17864 909.28 400006812 NORTHWESTERN BELL TELE CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 5-6-7 BLK 80 86184 4,386.77 400006820 NORTHWESTERN BELL TELE CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 44' LT 8 BLK 80 0 - 400006839 BZ LLC ORIGINAL TOWN C 1/3 LT 8 BLK 80 2836 144.35 400006847 HALL CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 1-2 & E 44' LT 3 BLK 80 23339 1,187.96 400006863 MITCHELL/DEREK L & RUTH E ORIGINAL TOWN S 44' LT 8 BLK 80 2904 147.81 400006871 VICTORY BIBLE ORIGINAL TOWN TO THE CITY OF 26094 Page 289 of 320 ORDINANCE NO. 9949 (B) - 8 - FELLOWSHIP OF THE GRAND ISLAND LT 1 BLK 81 1,328.18 400006898 GRAND ISLAND AREA CHAMBER OF COMMERCE ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 2/3 LT 2 BLK 81 12760 649.48 400006901 LEFT CLICK PROPERTIES LLC ORIGINAL TOWN W 1/3 LT 2 BLK 81 2420 123.18 400006928 TINAJERO/FRANCISCO ORIGINAL TOWN E 1/3 LT 3 BLK 81 2464 125.42 400006936 ENCINGER ENTERPRISES LLC ORIGINAL TOWN C 1/3 LT 3 BLK 81 7106 361.70 400006944 ZOUL PROPERTIES, LLC ORIGINAL TOWN W 1/3 LT 3 & ALL 4 BLK 81 4860 247.37 400006952 HPG CORNER, LLC ORIGINAL TOWN LT 5 BLK 81 5868 298.68 400006960 HPG CORNER, LLC ORIGINAL TOWN LT 6 BLK 81 2426 123.48 400006979 WHEELER STREET PARTNERSHIP ORIGINAL TOWN LT 7 & S 2/3 LT 8 BLK 81 6607 336.30 400006987 WHEELER ST PARTNERSHIP ORIGINAL TOWN N 1/3 LT 8 BLK 81 7656 389.69 400006995 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 1 & PT VAC ALLEY BLK 82 0 - 400007002 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 2 & PT VAC ALLEY BLK 82 4742 241.37 400007010 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 3 & PT VAC ALLEY BLK 82 0 - 400007029 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 4 & PT VAC ALLEY BLK 82 0 - 400007037 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LTS 5-6-7-8 & PT VAC ALLEY BLK 82 29053 1,478.80 400007223 GRAND ISLAND LIEDERKRANZ ORIGINAL TOWN PT LTS 1-2-3 & 4 BLK 87 33632 1,711.87 400007304 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLK 88 0 - 400007312 DODGE & ELK PARK LOTS ORIGINAL TOWN TO THE CITY OF GRAND ISLAND PT BLK 89 0 - 400007320 SNH HOLDINGS, LLC ORIGINAL TOWN N 60' FR LTS 1 & 2 & N 60' OF E 24' OF LT 3 BLK 89 11822 601.74 400039605 HALL CO COURT HOUSE ADD TO THE CITY OF GRAND ISLAND LT 1 0 - 400039613 HALL CO COURT HOUSE ADD TO THE CITY OF GRAND ISLAND LT 2 0 - 400039621 HALL CO COURT HOUSE ADD TO THE CITY OF GRAND ISLAND LT 3 0 - 400039648 HALL CO COURT HOUSE ADD TO THE CITY OF GRAND ISLAND LT 4 0 - 400135868 L.P.B. LLC GILBERT'S SUB NORTH, PART OF BLK 79, ORIGINAL TOWN 22' X 99' LT A 2904 147.81 400135876 EQUITABLE BUILDING & LOAN ASSOC GILBERT'S SUB NORTH, PART OF BLK 79, ORIGINAL TOWN LT B 1452 73.91 400143259 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 102 939 47.80 400143267 EQUITABLE BUILDING & THE YANCEY, A CONDOMINIUM UNIT 1364 Page 290 of 320 ORDINANCE NO. 9949 (B) - 9 - LOAN ASSOC 103 69.43 400143275 EQUITABLE BUILDING & LOAN ASSN/THE THE YANCEY, A CONDOMINIUM UNIT 104 3367 171.38 400143283 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 201A 3616 184.05 400143291 DEVCO INVESTMENT CORPORATION THE YANCEY, A CONDOMINIUM UNIT 301 787 40.06 400143305 GEORGE/MOLLIE JO THE YANCEY, A CONDOMINIUM UNIT 302 567 28.86 400143313 FARR/THOMAS M & NITA J THE YANCEY, A CONDOMINIUM UNIT 303 730 37.16 400143321 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 304 734 37.36 400143348 HINRICHS/DARRELL D & MARLENE M THE YANCEY, A CONDOMINIUM UNIT 305 910 46.32 400143356 HETTLE/MICHAEL THE YANCEY, A CONDOMINIUM UNIT 401 582 29.62 400143364 GOMEZ/SARA THE YANCEY, A CONDOMINIUM UNIT 402 654 33.29 400143372 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 403 631 32.12 400143380 GOMEZ, SARA & ANIBAL THE YANCEY, A CONDOMINIUM UNIT 404 722 36.75 400143399 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 405 630 32.07 400143402 POWERS/YOLANDA L THE YANCEY, A CONDOMINIUM UNIT 406 623 31.71 400143410 THE A-A-RON GROUP, LLC THE YANCEY, A CONDOMINIUM UNIT 407 900 45.81 400143429 LUCE/ERIC D THE YANCEY, A CONDOMINIUM UNIT 501 582 29.62 400143437 CASTELLANOS/HECTOR CAMILO ACOSTA THE YANCEY, A CONDOMINIUM UNIT 502 671 34.15 400143445 LEISURE ISLAND RENTALS, LLC THE YANCEY, A CONDOMINIUM UNIT 503 631 32.12 400143453 HARTER ENTERPRISES, LLC THE YANCEY, A CONDOMINIUM UNIT 504 722 36.75 400143461 INFINITY REAL ESTATE, LLC THE YANCEY, A CONDOMINIUM UNIT 505 630 32.07 400143488 HARTER ENTERPRISES, LLC THE YANCEY, A CONDOMINIUM UNIT 506 623 31.71 400143496 ALEXANDER/WENDY L THE YANCEY, A CONDOMINIUM UNIT 507 900 45.81 400143518 ROE/JIM GAYLORD & ADRIANA THE YANCEY, A CONDOMINIUM UNIT 601 582 29.62 400143526 ROE/JIM GAYLORD & ADRIANA THE YANCEY, A CONDOMINIUM UNIT 602 671 34.15 400143534 POST/KAELEIGH THE YANCEY, A CONDOMINIUM UNIT 603 631 32.12 400143542 JOHNSTON/ANDREW COLE THE YANCEY, A CONDOMINIUM UNIT 604 722 36.75 400143550 NELSON/DEAN A THE YANCEY, A CONDOMINIUM UNIT 605 630 32.07 Page 291 of 320 ORDINANCE NO. 9949 (B) - 10 - 400143569 LEE/EVAN E & TEREASA T MCDONALD THE YANCEY, A CONDOMINIUM UNIT 606 623 31.71 400143577 KILE/ABBY THE YANCEY, A CONDOMINIUM UNIT 607 900 45.81 400143585 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 701 582 29.62 400143593 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 702 671 34.15 400143607 LUBER/HANNAH THE YANCEY, A CONDOMINIUM UNIT 703 631 32.12 400143615 LEISURE ISLAND RENTALS, LLC THE YANCEY, A CONDOMINIUM UNIT 704 722 36.75 400143623 SEADREAM ENTERPRISES, LLC THE YANCEY, A CONDOMINIUM UNIT 705 630 32.07 400143631 WRIGHT/ALEXIA K THE YANCEY, A CONDOMINIUM UNIT 706 623 31.71 400143658 SABELS/MARTIN C THE YANCEY, A CONDOMINIUM UNIT 707 900 45.81 400143666 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 801 582 29.62 400143674 APPEL/AUSTIN THE YANCEY, A CONDOMINIUM UNIT 802 671 34.15 400143682 ZAVALA/VINCENT & SHARON THE YANCEY, A CONDOMINIUM UNIT 803 740 37.67 400143690 NESIBA/ MERLIN J & JUDY M THE YANCEY, A CONDOMINIUM UNIT 804 1062 54.06 400143704 POWERS/YOLANDA L THE YANCEY, A CONDOMINIUM UNIT 805 803 40.87 400143712 NELSON/JACK L THE YANCEY, A CONDOMINIUM UNIT 806 1001 50.95 400143720 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 901 582 29.62 400143739 LEISURE ISLAND RENTALS, LLC THE YANCEY, A CONDOMINIUM UNIT 902 671 34.15 400143747 DETLEFSEN/DARRELL F & LISA THE YANCEY, A CONDOMINIUM UNIT 903 740 37.67 400143755 NICKERSON/MITCHELL & SUSAN THE YANCEY, A CONDOMINIUM UNIT 904 1062 54.06 400143763 DIZMANG/TAMMY L THE YANCEY, A CONDOMINIUM UNIT 905 803 40.87 400143771 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 906 1001 50.95 400143798 KLEIN/MARTIN R THE YANCEY, A CONDOMINIUM UNIT 1001 582 29.62 400143801 HARTER ENTERPRISES, LLC THE YANCEY, A CONDOMINIUM UNIT 1002 671 34.15 400143828 LEISURE ISLAND RENTALS, LLC THE YANCEY, A CONDOMINIUM UNIT 1003 740 37.67 400143836 WHITEHEAD/DIANA L THE YANCEY, A CONDOMINIUM UNIT 1004 1062 54.06 400143844 YENNIFRE, LLC THE YANCEY, A CONDOMINIUM UNIT 1005 803 40.87 400143852 ADEN/STEVEN G THE YANCEY, A CONDOMINIUM UNIT 1006 1001 50.95 Page 292 of 320 ORDINANCE NO. 9949 (B) - 11 - 400143860 HINRICHS/DARRELL D & MARLENE M THE YANCEY, A CONDOMINIUM UNIT 1101 582 29.62 400143879 MUSQUIZ/LARRY J THE YANCEY, A CONDOMINIUM UNIT 1102 671 34.15 400143887 BUCKLEY/LYNN A THE YANCEY, A CONDOMINIUM UNIT 1103 740 37.67 400143895 PERFORMANCE PLUS LIQUIDS INC THE YANCEY, A CONDOMINIUM UNIT 1104 1062 54.06 400143909 BOLEY/LOREN E THE YANCEY, A CONDOMINIUM UNIT 1105 803 40.87 400143917 AULNER/KRISTINE THE YANCEY, A CONDOMINIUM UNIT 1106 1001 50.95 400287218 ARTVEST III THE YANCEY, A CONDOMINIUM UNIT 002 514 26.16 400287226 ARTVEST III THE YANCEY, A CONDOMINIUM UNIT 001 2068 105.26 400287390 ELLISON/ROXANN T ORIGINAL TOWN W 18.9' OF E 33' OF S 25.1' LT 7 BLK 65 450 22.91 400292963 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 101 227 11.55 400292971 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 201B 437 22.24 400292998 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 201C 1100 55.99 400293005 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 201D 839 42.71 400293498 UNION PACIFIC RAILROAD MISCELLANEOUS TRACTS 15-11-9 TO CITY OF G I, PT NW 1/4, LOCATED S~OF BLKS 44-45-46-47-48 O.T.~0 - 400293501 UNION PACIFIC RAILROAD MISCELLANEOUS TRACTS 16-11-9 TO THE CITY OF GRAND ISLAND PT NE 1/4 0 - 400294982 HOME FEDERAL SAVINGS & LOAN ORIGINAL TOWN PT LTS 1-2-3-4-7 & ALL 5 & 6 & PT VACATED ALLEY BLK 89 416 21.17 400325705 CALDERON/ELISEO JENSEN SUB LT 2 1650 83.99 400328798 MEAD BUILDING CENTERS IMPROVEMENTS ONLY LOCATED ON NO OF BLK 59 O.T. MISC TRACTS 16- 11-9 LANDOWNER: U NION PACIFIC RAILROAD 25439 1,294.85 400367009 IGLESIA EVANGELICA PENTECOSTES ZILLER SUB LT 2 16254 827.33 400401681 GRAND ISLAND/CITY OF WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND VACATED ST SOUTH OF LT 1 0 - 400467186 GRAND ISLAND LIEDERKRANZ ORIGINAL TOWN TO THE CITY OF GRAND ISLAND PT LTS 1-2-3&4 BLK87 0 - 400475235 CITY OF GRAND ISLAND PARKING RAMP SUB TO THE CITY OF GRAND ISLAND LTS 1-2-& 3 0 - 400524060 CITY OF GRAND ISLAND ORIGINAL TOWN VAC WHEELER AVE BETWEEN LT 5 BLK 56 & LT 8 BLK 57 RIGHT-OF-WAY ONLY 0 - 83475.82 Page 293 of 320 ORDINANCE NO. 9949 (B) - 12 - SECTION 2. The special tax shall become delinquent fifty (50) days from the date of this levy; the entire amount so assessed and levied against each lot or tract may be paid within fifty (50) days from the date of this levy without interest and the lien of special tax thereby satisfied and released. After the same shall become delinquent, interest at the rate of fourteen percent (14%) per annum shall accrue thereon. SECTION 4. Upon due and proper application received from the owner of any assessed tract or parcel, a $20 tax credit may be provided for each private parking space located upon the assessed tract or parcel, which credit shall be applied against the special tax due not to exceed the amount of the special assessment and tax. To qualify for credit, a parking space shall be of sufficient size for parking a passenger car. Application for the credit shall be made upon a form provided by the City’s Finance Department and shall be received prior to the date of the special assessment delinquency. SECTION 4. The city treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth, less applicable credits, as provided by law. SECTION 5. Such special assessments shall be paid into a fund to be designated as the “Vehicle Offstreet Parking District No. 3”. SECTION 6. Any provision of the Grand Island City Code, any ordinance, or part of an ordinance in conflict herewith is hereby repealed. SECTION 7. This ordinance shall be in force and take effect from and after its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: October 24, 2023 Page 294 of 320 ORDINANCE NO. 9949 (B) - 13 - _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 295 of 320 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: October 24, 2023 Item #: 13.c. Subject: #9950 - Consideration of Approving Assessments for Railside Business Improvement District Staff Contact: Brian Schultz BACKGROUND: On August 14, 2018, the City Council adopted Ordinance #9700 creating the Railside Business Improvement District (BID). The created ordinance established the purpose of the District, described the boundaries, and established that real property in the area would be subject to a special assessment to support the purposes of the District. The created Ordinance requires that a proposed budget for the District be approved by the BID Board and forwarded to the City Council for consideration. On July 12, 2023, the Railside BID Board met and approved the 2023- 2024 budget that provides for a total special assessment of $142,903.94. Which is a six percent increase from the 2023 special assessment. DISCUSSION: The City Council, in its capacity as the Board of Equalization, is required to determine the benefits of the District and take action on the assessments as provided for in the associated Ordinance. The assessment for owner-occupied properties is originally based on 100% of the assessed value. City code section 13-95(C) states Council may lower the amount of assessment for owner-occupied properties. The attached list of 12 property owners filed proper documentation with the Finance Department for the 30% eligible reduction. The approved reductions equal $701.83, reducing the request to $142,202.11. FISCAL IMPACT: The change in assessment value will add $8,088.90 of revenue to the Railside BID FY 2023-2024 budget. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee. Page 296 of 320 3. Postpone the issue to future date. 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends approval of the ordinance as it relates to the board of equalization action taken earlier in the meeting. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. 2023-2024 Reduction List 2. Ordinance Page 297 of 320 Parcel ID Name AddressCurrent Taxable ValuationReduced Taxable ValuationPercent Owner Occupied100% Assessed amount70% Assessed amount400143836Diana Whitehead 123 N Locust #1004 79,420.00$        55,594.00$        100% 190.63$              133.44$              400143887Lynn Buckley 123 N Locust #1103 66,891.00$        46,823.70$        100% 160.56$              112.39$              400042592Cecilia Royle 112 West Charles St 101,860.00$      71,302.00$        100% 244.49$              171.14$              400143518 Jim Roe 123 N Locust #601 59,649.00$        41,754.30$        100% 143.18$              100.23$              400042568 Lloyd & Marilyn Mueller 110 W Koenig 61,015.00$        42,710.50$        100% 146.45$              102.52$              400143747 Darrell Detlefsen 123 N Locust Apt 903 67,679.00$        47,375.30$        100% 162.45$              113.72$              400081075 Pedro Fernandez 721 W 1st St 154,266.00$      107,986.20$      100% 370.28$              259.20$              400143763Tammy Dizmang 123 N Locust #905 70,388.00$        49,271.60$        100% 168.95$              118.27$              400143712 Jack Nelson 123 N Locust #806 77,720.00$        54,404.00$        100% 186.55$              130.59$              400143437 Camilo Acosta 123 N Locust #502 63,990.00$        44,793.00$        100% 153.60$              107.52$              400143690 Merlin & Judy Nesiba 123 N Locust #804 98,679.00$        69,075.30$        100% 236.86$              165.80$              400143496 Wendy Alexander 123 N Locust #507 73,082.00$        51,157.40$        100% 175.42$              122.79$              2,339.42$          1,637.59$          2023-2024 Letters from property owners of the Railside BID requesting 30% reduction in Valuation.Page 298 of 320 ORDINANCE NO. 9950 An ordinance to assess and levy a special tax to pay the 2023-2024 revenue cost of Railside Business Improvement District of the City Of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provisions of the Grand Island City Code, ordinances, or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the 2023-2024 revenue year cost of Railside Business Improvement District of the City of Grand Island, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such Business Improvement District, after due notice having been given thereof as provided by law; and a special tax for such 2023-2024 revenue year cost is hereby levied at one time upon such lots, tracts and lands as follows: * This Space Reserved for Register of Deeds * Page 299 of 320 ORDINANCE NO. 9950 (cont.) - 2 - PARCEL OWNER LEGAL Assessment Amount 310 TALLGRASS INTERSTATE GAS TRANSMISSION LLC CENTRALLY ASSESSED 16.43 390 BLACK HILLS NEBRASKA GAS LLC CENTRALLY ASSESSED 0.47 450 NORTHWESTERN CORPORATION CENTRALLY ASSESSED 7,943.13 620 WINDSTREAM NEBRASKA INC CENTRALLY ASSESSED 2.65 640 QWEST CORPORATION CENTRALLY ASSESSED 4,736.95 705 AT&T COMMUNICATION CENTRALLY ASSESSED 29.89 840 AT&T MOBILITY LLC CENTRALLY ASSESSED 827.16 890 USCOC OF NEBRASKA/KANSAS DBA US CELLULAR CENTRALLY ASSESSED 397.65 400004097 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLKS 52 & 53 & PT VAC KIMBALLAVE (YMCA LOCATED ON IOLL 400004100) - 400004127 CASA DE ORACION, ONC ORIGINAL TOWN S 31.9' E 2/3 OF LT 1 BLK 54 - 400004135 WING PROPERTIES INC ORIGINAL TOWN W 1/3 LT 1 BLK 54 19.52 400004143 SHEARER RENTALS, LLC ORIGINAL TOWN LT 2 BLK 54 890.43 400004151 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 3 BLK 54 - 400004178 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 4 BLK 54 - 400004186 HERRERA/ANDRES R & KIANA ORIGINAL TOWN N 1/2 W 2/3 LT 6 & N 1/2 LT 5 BLK 54 481.56 400004194 KATROUZOS/GUS G ORIGINAL TOWN S 60' W 1/3 LT 5 BLK 54 159.08 400004208 KATROUZOS/GUS G ORIGINAL TOWN S 60' W 16' E 2/3 LT 5 BLK54 98.94 Page 300 of 320 ORDINANCE NO. 9950 (cont.) - 3 - 400004216 PINNACLE BANK ORIGINAL TOWN E 28' S 1/2 LT 5 & N 6' W 38' S 1/2 LT 5 BLK 54 2,511.93 400004232 WING PROPERTIES INC ORIGINAL TOWN E 22' W 44' S 1/2 & E 22' LT 6 BLK 54 637.69 400004240 WING PROPERTIES INC ORIGINAL TOWN W 1/3 LT 7 BLK 54 254.53 400004259 WING PROPERTIES INC ORIGINAL TOWN C 1/3 LT 7 BLK 54 372.66 400004275 WING PROPERTIES INC ORIGINAL TOWN LT 8 & E 1/3 OF LT 7 XC 15' X 15' X 15' SOLD TO CITY BLK 54 762.52 400004305 URBAN ISLAND LLC ORIGINAL TOWN N 1/2 LT 1 BLK 55 1,160.28 400004313 URBAN ISLAND LLC ORIGINAL TOWN N 44' OF S 1/2 LT 1 BLK 55 321.70 400004321 IRVINE/VIRGINIA ORIGINAL TOWN S 22' LT 1 BLK 55 100.83 400004348 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 1/2 LT 3 & ALL LT 2 BLK 55 - 400004356 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 1/2 W 1/2 LT 3 & N 1/2 LT 4 BLK55 - 400004364 EBMT PROPERTIES, LLC ORIGINAL TOWN S 1/2 W 1/2 LT 3 & S 1/2 LT 4 BLK 55 514.24 400004372 DOWNTOWN CENTER LLC ORIGINAL TOWN N 67.5' LT 5 BLK 55 42.83 400004380 ARMSTRONG/MATTHEW E & JANELLE A ORIGINAL TOWN N 20' S 64.5' LT 5 BLK 55 145.85 400004399 RESSLER JR/DONALD M ORIGINAL TOWN S 44.5' LT 5 BLK 55 527.51 400004402 FAMOS CONSTRUCTION INC ORIGINAL TOWN W 2/3 LT 6 BLK 55 745.05 400004429 ARCHIE/JENNIFER L & FLOYD D ORIGINAL TOWN E 1/3 LT 6 BLK 55 302.80 400004437 STUDIO 10 ART GALLERY, LLC ORIGINAL TOWN W 1/3 LT 7 BLK 55 277.84 400004445 HEDDE BUILDING LLC ORIGINAL TOWN E 2/3 LT 7 BLK 55 874.29 Page 301 of 320 ORDINANCE NO. 9950 (cont.) - 4 - 400004461 T W ZILLER PROPERTIES LLC ORIGINAL TOWN W 1/3 LT 8 BLK 55 249.29 400004488 T W ZILLER PROPERTIES LLC ORIGINAL TOWN C 1/3 LT 8 BLK 55 240.20 400004496 T W ZILLER PROPERTIES LLC ORIGINAL TOWN E 1/3 LT 8 BLK 55 563.17 400004526 DOWNTOWN CENTER LLC ORIGINAL TOWN N 68' LT 1 & ALL LT 2 & E 1/2 LT 3 BLK 56 147.44 400004534 DOWNTOWN CENTER LLC ORIGINAL TOWN N 22' S 42' & W 6' S 20' LT 1 BLK 56 12.84 400004542 DOWNTOWN CENTER LLC ORIGINAL TOWN N 22' S 64' LT 1 BLK 56 11.86 400004550 DOWNTOWN CENTER LLC ORIGINAL TOWN S 20' E 60' LT 1 BLK 56 9.80 400004577 PANTHERA INVESTMENT GROUP LLC ORIGINAL TOWN W 1/3 LT 5 BLK 56 546.50 400004585 URBAN ISLAND, LLC ORIGINAL TOWN E 2/3 LT 5 BLK 56 442.48 400004593 POHL/JAMES A ORIGINAL TOWN LT 6 BLK 56 563.77 400004615 308 REAL ESTATE, LLC ORIGINAL TOWN LT 7 BLK 56 605.33 400004623 DOWNTOWN CENTER LLC ORIGINAL TOWN LT 8 BLK 56 3,741.23 400004631 CITY OF G I PARK LOT ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 1-2-3 & 4 BLK 57 - 400004658 J & B RENTALS LLC ZILLER SUB LT 1 643.32 400004666 THE GRAND FOUNDATION, INC ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 2/3 LT 6 BLK 57 - 400004674 EBMT PROPERTIES, LLC ORIGINAL TOWN LT 7 BLK 57 2,271.88 400004682 AMUR REAL ESTATE LLC ORIGINAL TOWN LT 8 BLK 57 4,400.36 400004690 CORRAL/ANGEL ORIGINAL TOWN LTS 1 & 2 BLK 58 291.33 400004704 MAYHEW/AMY ORIGINAL TOWN N 1/2 LT 4 & N 1/2 LT 3 BLK 58 96.74 Page 302 of 320 ORDINANCE NO. 9950 (cont.) - 5 - 400004712 MAYHEW/AMY ORIGINAL TOWN LT 5 & W 22' LT 6 BLK 58 691.53 400004720 MAYHEW/AMY ORIGINAL TOWN S 1/2 LT 3 & S 1/2 LT 4 BLK 58 102.74 400004739 STELK/MARK D JENSEN SUB LT 1 171.18 400004747 BANDASACK/CHANH & SIPHANH ORIGINAL TOWN W 1/3 LT 7 BLK 58 229.37 400004755 LINDNER-BOMBECK TRUSTEE/MARILYN A ORIGINAL TOWN C 1/3 LT 7 BLK 58 276.39 400004763 GALVAN/VICTORIA PRENSA LATINA SUB LT 1 101.66 400004771 CALDERON/ELISEO PRENSA LATINA SUB LT 2 145.94 400004798 STELK/MARK D PRENSA LATINA SUB LT 4 351.70 400004801 STELK/MARK D & WANDA L PRENSA LATINA SUB LT 3 390.10 400004828 MEAD BUILDING CENTERS ORIGINAL TOWN N 102.5' LT 1 & ALL LT 2 BLK 59 330.74 400004844 T SQUARED PROPERTIES LLC ORIGINAL TOWN S 29.5' LT 1 BLK 59 15.90 400004852 THIRD CITY ARCHERS INC ORIGINAL TOWN S 99' LT 4 & ALL LT 3 BLK 59 - 400004879 520 3RD ST, LLC ORIGINAL TOWN LT 5 BLK 59 1,029.57 400004887 LUCERO/JOSE LUIS & AURA ORIGINAL TOWN E 23' W 46' LT 6 BLK 59 220.90 400004895 GERDES/LARRY C & MARY ANN ORIGINAL TOWN W 23' LT 6 BLK 59 190.33 400004909 BERTA/GARY J & BILLIE J ORIGINAL TOWN E 20' LT 6 & W 1/2 LT 7 BLK 59 94.69 400004917 T SQUARED PROPERTIES LLC ORIGINAL TOWN W 22' E 1/2 LT 7 BLK 59 211.29 400004925 T SQUARED PROPERTIES LLC ORIGINAL TOWN E 11' LT 7 & ALL LT 8 BLK 59 745.29 400004933 CKP LLC ORIGINAL TOWN LTS 1 & 2 BLK 60 658.22 400004941 CKP LLC ORIGINAL TOWN LT 3 BLK 60 142.94 400004968 BUSINESS PROPERTIES ORIGINAL TOWN LT 4 BLK 60 364.58 Page 303 of 320 ORDINANCE NO. 9950 (cont.) - 6 - 400004984 LB AUDIO LLC ORIGINAL TOWN LTS 5 & 6 BLK 60 729.71 400004992 JR'S REDZONE, LLC ORIGINAL TOWN LTS 7 & 8 BLK 60 1,345.74 400005018 ABJAL LLC ORIGINAL TOWN LTS 1 & 2 BLK 61 1,045.93 400005026 ABJAL LLC ORIGINAL TOWN LTS 3 & 4 BLK 61 947.75 400005034 JIA PROPERTIES, LLC ORIGINAL TOWN LT 5 BLK 61 723.54 400005042 HANSEN PROPERTIES LLC ORIGINAL TOWN LTS 6-7 & 8 BLK 61 766.37 400005050 D & A INVESTMENTS LLC ORIGINAL TOWN S 44' LT 1 BLK 62 218.29 400005069 D & A INVESTMENTS LLC ORIGINAL TOWN N 88' LT 1 BLK 62 771.60 400005077 D & A INVESTMENTS LLC ORIGINAL TOWN LT 2 BLK 62 451.53 400005085 D & A INVESTMENTS, INC ORIGINAL TOWN TO THE CITY OF GRAND ISLAND S 66' LT 4 & N 66' E 57' LT 3 & S66' LT 3 BLK 62 547.91 400005093 D & A INVESTMENTS LLC ORIGINAL TOWN N 66' W 9' LT 3 & N 66' LT4 BLK 62 189.90 400005107 MIDWEST PREMIER INVESTMENTS, LLC ORIGINAL TOWN S 1/2 W 50' LT 5 BLK 62 92.15 400005115 MIDWEST PREMIER INVESTMENTS LLC ORIGINAL TOWN N 1/2 W 50' LT 5 BLK 62 434.06 400005123 GRAND ISLAND APARTMENTS, LLC ORIGINAL TOWN E 16' LT 5 & W 1/2 LT 6 BLK 62 52.68 400005131 GRAND ISLAND APARTMENTS, LLC ORIGINAL TOWN E 1/2 LT 6 & W 1/2 LT 7 BLK 62 338.04 400005158 GRAND ISLAND AREA HABITAT FOR HUMANITY I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 1/2 LT 7 & ALL LT 8 BLK 62 - 400005166 HUENEFELD/DANIEL C & LINDA K CITY CENTRE CONDOMINIUMS UNIT 1 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK63) 1,165.26 400005168 GRAND ISLAND ENTREPRENEURIAL VENTURE LLC CITY CENTRE CONDOMINIUMS UNIT 2 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK63) 803.52 400005170 PARAMOUNT DEVELOPMENT, LLC CITY CENTRE CONDOMINIUMS UNIT 3 (FORMERLY PT ORIGINAL TOWN LTS 1 2,025.86 Page 304 of 320 ORDINANCE NO. 9950 (cont.) - 7 - & 2 BLK63) 400005172 PARAMOUNT DEVELOPMENT, LLC CITY CENTRE CONDOMINIUMS UNIT 4 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK63) 1,102.97 400005174 LL FORGY PROPERTIES, LLC CITY CENTRE CONDOMINIUMS UNIT 5 (FORMERLY PT ORIGINAL TOWN LTS 1 & 2 BLK63) 959.76 400005182 MASONIC TEMPLECRAFT ASSO OF GI ORIGINAL TOWN W 1/3 LT 3 & E 1/3 LT 4 BLK 63 - 400005190 GUERRERO/ROCIO A ESPARZA ORIGINAL TOWN TO THE CITY OF GRAND ISLAND W 2/3 LT 4 BLK 63 249.01 400005204 WARDENS & VESTRYMEN OF ST ST. STEPHENS SUB TO THE CITY OF GRAND ISLAND LT 1 - 400005212 WARDENS & VESTRY ST STEPHENS ST. STEPHENS SUB TO THE CITY OF GRAND ISLAND LT 2 - 400005220 MATT JURGENA AGENCY, LLC ORIGINAL TOWN S 88' LT 8 BLK 63 392.46 400005239 T W ZILLER PROPERTIES LLC ORIGINAL TOWN N 44' LT 8 BLK 63 968.05 400005247 YENNIFRE, LLC ORIGINAL TOWN E 1/3 LT 1 BLK 64 456.56 400005255 HAND/CRAIG C ORIGINAL TOWN C 1/3 LT 1 BLK 64 229.35 400005263 BOWEN/STEPHEN T & JACQUELINE E ORIGINAL TOWN W 1/3 LT 1 BLK 64 328.73 400005271 A HIGHER PLANE PRODUCTIONS, LLC ORIGINAL TOWN E 44' LT 2 BLK 64 254.83 400005298 A HIGHER PLANE PRODUCTIONS, LLC ORIGINAL TOWN W 1/3 LT 2 BLK 64 179.65 400005301 DOUBLE S PROPERTIES LLC ORIGINAL TOWN E 1/3 LT 3 BLK 64 275.47 400005328 ALVAREZ/ABRAHAM HERMOSILLO ORIGINAL TOWN W 2/3 LT 3 BLK 64 319.37 400005336 GERDES/GALEN E & TAMERA M ORIGINAL TOWN LT 4 BLK 64 1,180.78 400005344 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 5 BLK 64 - 400005352 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 6 & 7 BLK 64 - Page 305 of 320 ORDINANCE NO. 9950 (cont.) - 8 - 400005360 WAGONER/MICHAEL ORIGINAL TOWN N 22' LT 8 BLK 64 223.96 400005379 TAYLOR/TERRY N & SUSAN M ORIGINAL TOWN S 1/2 N 1/3 LT 8 BLK 64 188.79 400005387 PERFORMANCE PLUS LIQUIDS, INC ORIGINAL TOWN N 44' S 88' LT 8 BLK 64 1,221.54 400005395 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND S 44' LT 8 BLK 64 (PARKING LOT) - 400005409 HEDDE BUILDING LLC ORIGINAL TOWN LT 1 BLK 65 1,417.40 400005417 NIELSEN/PAUL C & HANNAH ORIGINAL TOWN E 1/3 LT 2 BLK 65 288.04 400005425 TAKE FLIGHT INVESTMENTS LLC ORIGINAL TOWN C 1/3 LT 2 BLK 65 911.22 400005433 TAKE FLIGHT INVESTMENTS LLC ORIGINAL TOWN W 1/3 LT 2 BLK 65 357.03 400005441 TAKE FLIGHT INVESTMENTS, LLC ORIGINAL TOWN E 1/3 LT 3 BLK 65 374.11 400005468 IGLESIA EVANGELICA PENTECOSTES ORIGINAL TOWN TO THE CITY OF GRAND ISLAND C 1/3 LT 3 BLK 65 - 400005476 SWEET DREAM LINGERIE, INC ORIGINAL TOWN W 1/3 LT 3 BLK 65 272.10 400005484 HOFFER/ALLEN & LINDA ORIGINAL TOWN E 1/3 LT 4 BLK 65 341.32 400005492 AZURE INVESTMENT GROUP, LLC ORIGINAL TOWN W 2/3 LT 4 BLK 65 388.30 400005506 SCOTTIE DOG PROPERTIES, LLC ORIGINAL TOWN S 44' N 1/2 LT 5 BLK 65 319.06 400005514 TAYLOR/TERRY N & SUSAN M ORIGINAL TOWN N 22' LT 5 BLK 65 176.73 400005522 J O ENTERPRISES INC ORIGINAL TOWN S 1/2 LT 5 BLK 65 310.11 400005530 J & B RENTALS LLC ORIGINAL TOWN W 1/3 LT 6 BLK 65 232.88 400005549 T W ZILLER PROPERTIES LLC ORIGINAL TOWN E 2/3 LT 6 BLK 65 273.70 400005557 T W ZILLER PROPERTIES LLC ORIGINAL TOWN W 1/2 LT 7 BLK 65 225.04 400005565 C & S GROUP LLC ORIGINAL TOWN N 55' E 1/2 LT 7 & N 55' LT 8 BLK 65 43.01 400005573 C & S GROUP LLC ORIGINAL TOWN PT W 18.9' E 1/2 LT 7 Page 306 of 320 ORDINANCE NO. 9950 (cont.) - 9 - & N 29.9' E 14.1' LT 7 & W 29' OF C 22' OF E1/2 LT 7 & N 29.9' OF S 55'LT 8 XC N 6' S 31.1' E 40' LT 8 BLK 65 219.22 400005581 PARMLEY/DAVID J ORIGINAL TOWN C 22' E 4' LT 7 & C 22' LT8 BLK 65 278.51 400005603 C & S GROUP LLC ORIGINAL TOWN S 25.1' E 14.1' LT 7 & S 25.1' LT 8 & N 6' S 31.1' E 40' LT 8 BLK65 304.40 400005611 AZTECA MARKET LLC ORIGINAL TOWN LTS 1 & 2 BLK 66 995.61 400005638 FRANCO ENTERTAINMENT, LLC ORIGINAL TOWN W 2/3 LT 3 XC W 17.5' OF S44' BLK 66 411.92 400005646 VIPPERMAN/JOHN FREDRICK ORIGINAL TOWN E 1/3 LT 3 BLK 66 375.02 400005654 RISE PROPERTIES, LLC ORIGINAL TOWN N 88' E 1/3 LT 4 BLK 66 709.52 400005662 ARENDS/SIERRA ORIGINAL TOWN N 88' C 1/3 LT 4 BLK 66 300.80 400005670 WING EMPIRE INC ORIGINAL TOWN N 80' W 1/3 LT 4 BLK 66 466.65 400005689 URBAN ISLAND, LLC ORIGINAL TOWN W 17 1/2' S 44' LT 3 & N 8' S 52' W 22' & S 44' LT 4 BLK 66 3,194.02 400005697 ARTISANS ALLEY, LLC ORIGINAL TOWN W 1/3 LT 6 & ALL LT 5 BLK 66 821.61 400005700 URBAN ISLAND, LLC ORIGINAL TOWN E 2/3 LT 6 & W 1/3 LT 7 BLK 66 928.50 400005719 RAWR HOLDINGS LLC ORIGINAL TOWN E 2/3 LT 7 BLK 66 284.72 400005722 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 101 (FIRST FLOOR) 1,096.82 400005723 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 201 (2ND FLOOR) 1,198.66 400005725 GRAND ISLAND REAL ESTATE OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 301 (3RD FLOOR) 1,218.32 400005727 PROCON MANAGEMENT INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME UNIT 001 (BASEMENT) 138.43 Page 307 of 320 ORDINANCE NO. 9950 (cont.) - 10 - 400005729 OLD CITY HALL COND ASSO INC OLD CITY HALL CONDOMINIUM PROPERTY REGIME(COMMON AREA) 575.07 400005735 CITY OF GI ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 1/2 BLK 67 - 400005743 COUNTY OF HALL NEBRASKA ORIGINAL TOWN S 1/2 BLK 67 - 400005751 S&V INVESTMENTS, LLC ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 1/3 LT 2 & ALL LT 1 BLK 68 - 400005786 S & V INVESTMENTS LLC SV SUB LT 1 2,426.21 400005794 BOURKE/JEFFREY & KARI ORIGINAL TOWN W 22' LT 6 & ALL LT 5 BLK 68 152.47 400005808 SMITH/JONATHAN M ORIGINAL TOWN W 6' LT 7 & E 2/3 LT 6 BLK68 375.24 400005816 SMITH/JONATHAN M ORIGINAL TOWN E 60' LT 7 BLK 68 370.63 400005824 TPCR RENTALS LLC ORIGINAL TOWN LT 8 BLK 68 332.04 400006588 WESTERBY/DOUGLAS M ORIGINAL TOWN LT 1 BLK 77 201.75 400006596 201 E 2ND LLC ORIGINAL TOWN LT 2 BLK 77 154.59 400006618 201 E 2ND LLC ORIGINAL TOWN LTS 3 & 4 BLK 77 2,094.76 400006626 CITY OF GRAND ISLAND NE ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 5-6-7-8 BLK 77 - 400006685 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLK 78 & VACATED ALLEY - 400006707 EQUITABLE BLDG & LOAN ASSN/THE ORIGINAL TOWN LT 1 BLK 79 311.54 400006715 EQUITABLE BLDG & LOAN ASSN OF GI ORIGINAL TOWN LT 2 BLK 79 89.84 400006723 EQUITABLE BLDG & LOAN ORIGINAL TOWN S 44' LT 3 & S 44' LT Page 308 of 320 ORDINANCE NO. 9950 (cont.) - 11 - ASSN/THE 4 BLK 79 1,254.40 400006766 EQUITABLE BLDG & LOAN ASSN OF GI ORIGINAL TOWN N 26' 10.5 LT 8 BLK 79 22.89 400006774 EQUITABLE BLDG & LOAN ASSN OF G I ORIGINAL TOWN S 17' 1.5 N 44' LT 8 BLK 79 13.13 400006782 EQUITABLE BLDG & LOAN ASSN OF G I ORIGINAL TOWN S 88' LT 8 BLK 79 96.47 400006790 CALDERON/ELISEO ORIGINAL TOWN E 22' LT 4 & W 22' LT 3 BLK 80 270.52 400006809 CALDERON/ELISEO ORIGINAL TOWN W 44' LT 4 BLK 80 253.71 400006812 NORTHWESTERN BELL TELE CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 5-6-7 BLK 80 175.66 400006820 NORTHWESTERN BELL TELE CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND N 44' LT 8 BLK 80 19.52 400006839 BZ, LLC ORIGINAL TOWN C 1/3 LT 8 BLK 80 377.23 400006847 HALL CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 1-2 & E 44' LT 3 BLK 80 - 400006863 MITCHELL/DEREK L & RUTH E ORIGINAL TOWN S 44' LT 8 BLK 80 332.41 400006871 VICTORY BIBLE FELLOWSHIP OF THE ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 1 BLK 81 - 400006898 GRAND ISLAND AREA CHAMBER OF COMMERCE ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 2/3 LT 2 BLK 81 - 400006901 LEFT CLICK PROPERTIES, LLC ORIGINAL TOWN W 1/3 LT 2 BLK 81 201.81 400006928 TINAJERO/FRANCISCO ORIGINAL TOWN E 1/3 LT 3 BLK 81 176.64 400006936 ENCINGER ENTERPRISES LLC ORIGINAL TOWN C 1/3 LT 3 BLK 81 283.70 400006944 ZOUL PROPERTIES, LLC ORIGINAL TOWN W 1/3 LT 3 & ALL 4 BLK 81 480.06 400006952 HPG CORNER, LLC ORIGINAL TOWN LT 5 BLK 81 514.59 400006960 HPG CORNER, LLC ORIGINAL TOWN LT 6 BLK 81 187.16 400006979 WHEELER STREET ORIGINAL TOWN LT 7 & S 2/3 LT 8 BLK Page 309 of 320 ORDINANCE NO. 9950 (cont.) - 12 - PARTNERSHIP 81 1,172.91 400006987 WHEELER ST PARTNERSHIP ORIGINAL TOWN N 1/3 LT 8 BLK 81 248.34 400006995 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 1 & PT VAC ALLEY BLK 82 72.79 400007002 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 2 & PT VAC ALLEY BLK 82 376.54 400007010 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 3 & PT VAC ALLEY BLK 82 77.22 400007029 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LT 4 & PT VAC ALLEY BLK 82 152.80 400007037 GRAND ISLAND INDEPENDENT ORIGINAL TOWN LTS 5-6-7-8 & PT VAC ALLEYBLK 82 2,977.54 400007061 GRAND ISLAND HOSPITALITY LLC ORIGINAL TOWN LTS 1 & 2 BLK 83 892.48 400007088 DIAZ/JESUS SALAS ORIGINAL TOWN LTS 3 & 4 BLK 83 687.03 400007096 GRAND ISLAND APARTMENTS, LLC ORIGINAL TOWN N 60.35' LT 5 BLK 83 265.43 400007118 MATEO PEDRO/TOMAS ORIGINAL TOWN S 71.65' LT 5 BLK 83 221.12 400007126 MATEO P/TOMAS ORIGINAL TOWN W 2/3 LT 6 BLK 83 475.82 400007134 PEREZ/SYLVIA ORIGINAL TOWN E 1/3 LT 6 & ALL LT 7 BLK 83 447.16 400007142 WOODEN/MICHAEL OWEN & SONYA KAY ORIGINAL TOWN E 41' N 28' LT 8 BLK 83 160.42 400007150 WOODEN/MICHAEL OWEN & SONYA KAY ORIGINAL TOWN PT N 1/3 & S 2/3 LT 8 BLK 83 337.58 400007169 PARK ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLK 84 - 400007177 HOPE HARBOR, INC ORIGINAL TOWN LT 1 BLK 85 (SEE COMMENTS) 518.63 400007185 HOPE HARBOR, INC ORIGINAL TOWN LT 2 BLK 85 199.41 400007193 HOPE HARBOR INC ORIGINAL TOWN LTS 3 & 4 BLK 85 - 400007223 GRAND ISLAND LIEDERKRANZ ORIGINAL TOWN PT LTS 1-2-3 & 4 BLK 87 494.43 400007304 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL BLK 88 - Page 310 of 320 ORDINANCE NO. 9950 (cont.) - 13 - 400007312 DODGE & ELK PARK LOTS ORIGINAL TOWN TO THE CITY OF GRAND ISLAND PT BLK 89 - 400007320 SNH HOLDINGS, LLC ORIGINAL TOWN N 60' FR LTS 1 & 2 & N 60'OF E 24' OF LT 3 BLK 89 490.48 400007339 HALL CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND ALL LTS 1-2 & 3 & FR LT 7 BLK 91 - 400007347 HALL CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 4 & PT VAC ST BLK 91 - 400007355 HALL CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND PT LT 6 & PT LT 8 BLK 91 - 400007363 HALL CO ORIGINAL TOWN TO THE CITY OF GRAND ISLAND STRIP 8' X 66' & PT LT 8 BLK 91 - 400007371 SWEET/KARL ORIGINAL TOWN E 6' N 103'& E 37' S 29' LT 2 & ALL LT 1 BLK 92 325.33 400007398 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LT 2 XC E 6' N 103' & E 37' S 29'LT 2 BLK 92 - 400007401 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND E 50' LT 3 BLK 92 - 400007428 CITY OF G I ORIGINAL TOWN TO THE CITY OF GRAND ISLAND W 16' LT 3 & ALL LT 4 BLK 92 - 400029022 EMERY/GREGORY D & CHARLENE A CAMPBELL'S SUB E 51' 8 LTS 1-2-3 105.35 400029030 MENDOZA/WILMER CAMPBELL'S SUB W 75'4 LTS 1-2-3 345.22 400029049 HASTINGS GRAIN INSPECTION INC CAMPBELL'S SUB LTS 4-5-6 & N 10' LT 7 220.89 400029057 HASTINGS GRAIN INSPECTION INC CAMPBELL'S SUB S 12' LT 7 & ALL LT 8 309.94 400029065 TWO BROTHERS INC CAMPBELL'S SUB 32' X 127' LT 9 266.12 400029073 HILL/DAVID C CAMPBELL'S SUB LTS 10-13 466.42 Page 311 of 320 ORDINANCE NO. 9950 (cont.) - 14 - 400039605 HALL CO COURT HOUSE ADD TO THE CITY OF GRAND ISLAND LT 1 - 400039613 HALL CO COURT HOUSE ADD TO THE CITY OF GRAND ISLAND LT 2 - 400039621 HALL CO COURT HOUSE ADD TO THE CITY OF GRAND ISLAND LT 3 - 400039648 HALL CO COURT HOUSE ADD TO THE CITY OF GRAND ISLAND LT 4 - 400042169 COUNTY OF HALL NEBRASKA HANN'S ADD TO THE CITY OF GRAND ISLAND N31' LT 2 & S 13.75' LT 1 BLK 1 - 400042177 COUNTY OF HALL HANN'S FOURTH ADD TO THE CITY OF GRAND ISLAND LT 2 - 400042185 REYES/DAILYS HANN'S ADD N 14' LT 3 & S 26' LT 2 BLK 1 196.14 400042193 CAMPBELL/HUNTER A H & KATHLEEN A HANN'S ADD N 7' PT LT 4 & S 43' LT 3 BLK1 294.50 400042207 MORENO/MAX F HANN'S ADD E 60' OF S 50' OF LT 4 BLK 1 268.55 400042215 CAMPBELL/KATHLEEN A HANN'S ADD W 67' OF S 50' OF LT 4 BLK 1 179.30 400042525 COUNTY OF HALL HANN'S FOURTH ADD TO THE CITY OF GRAND ISLAND LT 1 - 400042533 MARSH PROPERTIES LLC HANN'S SECOND ADD S 5' OF LT 2 & ALL LT 3 BLK 4 668.84 400042541 ROBLEDO/MARICELA HANN'S FIFTH SUB LT 2 351.00 400042568 MUELLER/LLOYD & MARILYN HANN'S FIFTH SUB LT 1 102.52 400042576 TWO BROTHERS INC HANN'S 3RD ADD W 111' X 118' BLK 5 512.34 400042584 ROSALES-MONZON/CARLOS A HANN'S 3RD ADD N 52.5' OF E 91.9' OF BLK5 247.62 400042592 ROYLE/CECILIA B HANN'S 3RD ADD E 56' OF W 174' OF BLK 5 171.14 400042606 VALENZUELA/LINDA L HANN'S 3RD ADD S 58.5' OF E 91.9' OF BLK5 277.14 400080532 HOOS INSURANCE AGENCY INC RAILROAD ADD LT 4 & PT VAC ST BLK 97 323.35 400080540 SANCHEZ/FILEMON RAILROAD ADD N 1/2 LT 1 BLK 98 62.63 Page 312 of 320 ORDINANCE NO. 9950 (cont.) - 15 - 400080559 SANCHEZ/FILEMON RAILROAD ADD S 1/2 LT 1 BLK 98 361.90 400080567 CHAIRMAN INVESTMENTS LLC RAILROAD ADD LT 2 BLK 98 143.68 400080575 QUINTANA- ALMORA/AGUEDO RAILROAD ADD W 1/2 LT 3 BLK 98 218.97 400080583 SCHAFER/LEE ANN RAILROAD ADD E 1/2 LT 3 BLK 98 237.86 400080591 TPCR RENTALS LLC RAILROAD ADD N 86' LT 4 BLK 98 79.11 400080605 TPCR RENTALS LLC RAILROAD ADD S 46' LT 4 BLK 98 302.92 400080613 TPCR RENTALS LLC RAILROAD ADD LT 5 BLK 98 1,675.89 400080621 TPCR RENTALS LLC RAILROAD ADD LT 6 BLK 98 399.38 400080648 BENITEZ/FLORIBERTO SANCHEZ RAILROAD ADD W 52' LT 7 BLK 98 219.63 400080656 SANCHEZ/FILEMON RAILROAD ADD E 14' LT 7 & ALL LT 8 BLK 98 517.26 400080990 SANCHEZ/FILEMON RAILROAD ADD FR LT 1 & FR LT 2 BLK 105 207.75 400081008 GRAND ISLAND APARTMENTS, LLC RAILROAD ADD LT 3 BLK 105 368.44 400081016 LAZENDORF HOLDINGS LIMITED PARTNERSHIP RAILROAD ADD LT 4 BLK 105 354.68 400081040 GRAND ISLAND APARTMENTS, LLC RAILROAD ADD LT 5 & FR LTS 6 & 7 XC CITYBLK 105 1,863.45 400081059 FRIENDSHIP HOUSE INC RAILROAD ADD LTS 1 & 2 BLK 106 - 400081067 C & S GROUP LLC RAILROAD ADD LT 3 BLK 106 300.40 400081075 FERNANDEZ/PEDRO RAILROAD ADD LT 4 BLK 106 259.20 400081105 MUFFLER SHOP INC/THE RAILROAD ADD LTS 1 & 2 BLK 107 661.92 400081113 MUFFLER SHOP INC/THE RAILROAD ADD LTS 3 & 4 BLK 107 159.27 400081121 MIDWEST PREMIER INVESTMENTS LLC RAILROAD ADD S 2/3 LT 5 BLK 107 191.78 400081148 MIDWEST PREMIER INVESTMENTS LLC RAILROAD ADD N 1/3 LT 5 BLK 107 214.49 Page 313 of 320 ORDINANCE NO. 9950 (cont.) - 16 - 400081156 MIDWEST PREMIER INVESTMENTS LLC RAILROAD ADD LT 6 BLK 107 294.02 400081164 MIDWEST PREMIER INVESTMENTS LLC RAILROAD ADD LT 7 XC N 60' OF E 22' & XCE 29.54' OF S 71.50' BLK 107 468.85 400081172 MIDWEST PREMIER INVESTMENTS LLC RAILROAD ADD S 72' LT 8 & E 29.54' OF S 71.50' LT 7 BLK 107 290.29 400081180 MIDWEST PREMIER INVESTMENTS LLC RAILROAD ADD N 60' OF E 22' LT 7 & N 60'LT 8 BLK 107 269.32 400081199 TNT INVESTMENTS, LLC RAILROAD ADD LTS 1 & 2 BLK 108 481.36 400081202 WESTGATE PROPERTIES LLC RAILROAD ADD E 37' LT 3 BLK 108 222.97 400081210 DOUGLAS BOOKKEEPING SERVICE INC RAILROAD ADD W 29' LT 3 & ALL LT 4 BLK 108 703.51 400081229 PLACKE/DONALD J & JANET L RAILROAD ADD S 88' LT 5 BLK 108 132.61 400081237 PLACKE/DONALD J & JANET L RAILROAD ADD N 44' LT 5 BLK 108 6.97 400081245 BREWER PROPERTIES LLC RAILROAD ADD LT 6 BLK 108 353.72 400081253 BOSSELMAN INC RAILROAD ADD LTS 7 & 8 BLK 108 925.60 400081261 GILROY/DAVID A & CAROLYN J RAILROAD ADD S 61' LT 1 & S 61' LT 2 BLK109 184.51 400081288 HANEY/THOMAS W & DIANE K RAILROAD ADD N 71'LT 1 & N 71' LT 2 BLK 109 173.11 400081296 ROEBUCK ENTERPRISES, LLC RAILROAD ADD E 59.5' LT 3 BLK 109 148.06 400081318 ROEBUCK ENTERPRISES, LLC RAILROAD ADD E 52'11 LT 4 & W 6.5' LT 3 BLK 109 98.36 400081326 LINDELL/TIMOTHY C RAILROAD ADD E 52' 11 OF LT 5 & ALL LT 6BLK 109 272.35 400081334 LPB, LLC RAILROAD ADD LTS 7 & 8 BLK 109 735.05 400113651 HALL CO WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND LT 2 - 400113678 HALL CO WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND LT 3 - 400113686 HALL CO WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND N 52 1/3' OF W 150' LT 4 - 400113694 HALL CO WESTERVELT'S SUB TO THE CITY OF Page 314 of 320 ORDINANCE NO. 9950 (cont.) - 17 - GRAND ISLAND LT 5 - 400113708 COUNTY OF HALL WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND W 86' OF E 165' OF 4 & W 86' OF E165' OF N 48.5' LT 5 - 400113716 COUNTY OF HALL WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND W PT OF N 48.5' X 150' LT 5 & 26.17' X 150' OF W PT LT 4 - 400135868 L.P.B. LLC GILBERT'S SUB NORTH, PART OF BLK 79, ORIGINAL TOWN 22' X 99' LT A 172.76 400135876 EQUITABLE BUILDING & LOAN ASSOC GILBERT'S SUB NORTH, PART OF BLK 79, ORIGINAL TOWN LT B 233.98 400143259 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 102 163.54 400143267 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 103 231.29 400143275 EQUITABLE BUILDING & LOAN ASSN/THE THE YANCEY, A CONDOMINIUM UNIT 104 555.50 400143283 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 201A 522.50 400143291 DEVCO INVESTMENT CORPORATION THE YANCEY, A CONDOMINIUM UNIT 301 166.32 400143305 GEORGE/MOLLIE JO THE YANCEY, A CONDOMINIUM UNIT 302 143.48 400143313 FARR/THOMAS M & NITA J THE YANCEY, A CONDOMINIUM UNIT 303 161.16 400143321 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 304 157.99 400143348 HINRICHS/DARRELL D & MARLENE M THE YANCEY, A CONDOMINIUM UNIT 305 171.34 400143356 HETTLE/MICHAEL THE YANCEY, A CONDOMINIUM UNIT 401 130.88 400143364 GOMEZ/SARA THE YANCEY, A CONDOMINIUM UNIT 402 152.13 400143372 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 403 147.48 400143380 GOMEZ/SARA & ANIBAL THE YANCEY, A CONDOMINIUM UNIT 404 153.81 Page 315 of 320 ORDINANCE NO. 9950 (cont.) - 18 - 400143399 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 405 149.50 400143402 POWERS/YOLANDA L THE YANCEY, A CONDOMINIUM UNIT 406 149.62 400143410 THE A-A-RON GROUP, LLC THE YANCEY, A CONDOMINIUM UNIT 407 220.52 400143429 LUCE/ERIC D THE YANCEY, A CONDOMINIUM UNIT 501 144.75 400143437 CASTELLANOS/HECTOR CAMILO ACOSTA THE YANCEY, A CONDOMINIUM UNIT 502 107.52 400143445 LEISURE ISLAND RENTALS, LLC THE YANCEY, A CONDOMINIUM UNIT 503 147.53 400143453 HARTER ENTERPRISES, LLC THE YANCEY, A CONDOMINIUM UNIT 504 159.58 400143461 INFINITY REAL ESTATE, LLC THE YANCEY, A CONDOMINIUM UNIT 505 144.76 400143488 HARTER ENTERPRISES, LLC THE YANCEY, A CONDOMINIUM UNIT 506 147.93 400143496 ALEXANDER/WENDY L THE YANCEY, A CONDOMINIUM UNIT 507 122.79 400143518 ROE/JIM GAYLORD & ADRIANA THE YANCEY, A CONDOMINIUM UNIT 601 100.23 400143526 ROE/JIM GAYLORD & ADRIANA THE YANCEY, A CONDOMINIUM UNIT 602 153.72 400143534 POST/KAELEIGH THE YANCEY, A CONDOMINIUM UNIT 603 147.63 400143542 JOHNSTON/ANDREW COLE THE YANCEY, A CONDOMINIUM UNIT 604 157.68 400143550 NELSON/DEAN A THE YANCEY, A CONDOMINIUM UNIT 605 147.83 400143569 LEE/EVAN E & TEREASA T MCDONALD THE YANCEY, A CONDOMINIUM UNIT 606 155.22 400143577 KILE/ABBY THE YANCEY, A CONDOMINIUM UNIT 607 214.17 400143585 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 701 143.22 400143593 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 702 153.81 400143607 LUBER/HANNAH THE YANCEY, A CONDOMINIUM UNIT 703 178.93 Page 316 of 320 ORDINANCE NO. 9950 (cont.) - 19 - 400143615 LEISURE ISLAND RENTALS, LLC THE YANCEY, A CONDOMINIUM UNIT 704 159.77 400143623 SEADREAM ENTERPRISES, LLC THE YANCEY, A CONDOMINIUM UNIT 705 147.93 400143631 WRIGHT/ALEXIA K THE YANCEY, A CONDOMINIUM UNIT 706 181.69 400143658 SABELS/MARTIN C THE YANCEY, A CONDOMINIUM UNIT 707 192.38 400143666 ARTVEST III, A NE GENERAL PARTNER THE YANCEY, A CONDOMINIUM UNIT 801 143.30 400143674 APPEL/AUSTIN THE YANCEY, A CONDOMINIUM UNIT 802 153.88 400143682 ZAVALA/VINCENT & SHARON THE YANCEY, A CONDOMINIUM UNIT 803 156.07 400143690 NESIBA/ MERLIN J & JUDY M THE YANCEY, A CONDOMINIUM UNIT 804 165.80 400143704 POWERS/YOLANDA L THE YANCEY, A CONDOMINIUM UNIT 805 168.90 400143712 NELSON/JACK L THE YANCEY, A CONDOMINIUM UNIT 806 130.59 400143720 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 901 155.01 400143739 LEISURE ISLAND RENTALS, LLC THE YANCEY, A CONDOMINIUM UNIT 902 153.93 400143747 DETLEFSEN/DARRELL F & LISA THE YANCEY, A CONDOMINIUM UNIT 903 113.72 400143755 NICKERSON/MITCHELL & SUSAN THE YANCEY, A CONDOMINIUM UNIT 904 185.05 400143763 DIZMANG/TAMMY L THE YANCEY, A CONDOMINIUM UNIT 905 118.27 400143771 JENSEN/PATTI THE YANCEY, A CONDOMINIUM UNIT 906 186.62 400143798 KLEIN/MARTIN R THE YANCEY, A CONDOMINIUM UNIT 1001 109.96 400143801 HARTER ENTERPRISES, LLC THE YANCEY, A CONDOMINIUM UNIT 1002 167.11 400143828 LEISURE ISLAND RENTALS, LLC THE YANCEY, A CONDOMINIUM UNIT 1003 166.30 400143836 WHITEHEAD/DIANA L THE YANCEY, A CONDOMINIUM UNIT 1004 133.44 Page 317 of 320 ORDINANCE NO. 9950 (cont.) - 20 - 400143844 YENNIFRE, LLC THE YANCEY, A CONDOMINIUM UNIT 1005 166.83 400143852 ADEN/STEVEN G THE YANCEY, A CONDOMINIUM UNIT 1006 186.70 400143860 HINRICHS/DARRELL D & MARLENE THE YANCEY, A CONDOMINIUM UNIT 1101 143.46 400143879 MUSQUIZ/LARRY J THE YANCEY, A CONDOMINIUM UNIT 1102 161.05 400143887 BUCKLEY/LYNN A THE YANCEY, A CONDOMINIUM UNIT 1103 112.39 400143895 PERFORMANCE PLUS LIQUIDS INC THE YANCEY, A CONDOMINIUM UNIT 1104 160.53 400143909 BOLEY/LOREN E THE YANCEY, A CONDOMINIUM UNIT 1105 166.95 400143917 AULNER/KRISTINE THE YANCEY, A CONDOMINIUM UNIT 1106 186.82 400144247 HOME FEDERAL SAVINGS & LOAN ASSN HANN'S FOURTH ADD LT 3 1,734.07 400287218 ARTVEST III THE YANCEY, A CONDOMINIUM UNIT 002 18.73 400287226 ARTVEST III THE YANCEY, A CONDOMINIUM UNIT 001 104.49 400287390 ELLISON/ROXANN T ORIGINAL TOWN W 18.9' OF E 33' OF S 25.1' LT 7 BLK 65 69.53 400292963 EQUITABLE BUILDING & LOAN ASSOC THE YANCEY, A CONDOMINIUM UNIT 101 38.92 400292971 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 201B 57.63 400292998 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 201C 145.07 400293005 PARAMOUNT DEVELOPMENT, LLC THE YANCEY, A CONDOMINIUM UNIT 201D 109.48 400294982 HOME FEDERAL SAVINGS & LOAN ORIGINAL TOWN PT LTS 1-2-3-4-7 & ALL 5 &6 & PT VACATED ALLEY BLK 89 384.87 400325705 CALDERON/ELISEO JENSEN SUB LT 2 135.70 400367009 IGLESIA EVANGELICA PENTECOSTES ZILLER SUB LT 2 - 400401681 GRAND ISLAND/CITY OF WESTERVELT'S SUB TO THE CITY OF GRAND ISLAND VACATED ST SOUTH - Page 318 of 320 ORDINANCE NO. 9950 (cont.) - 21 - OF LT 1 400467186 GRAND ISLAND LIEDERKRANZ ORIGINAL TOWN TO THE CITY OF GRAND ISLAND PT LTS 1-2-3 & 4 BLK 87 - 400475235 CITY OF GRAND ISLAND PARKING RAMP SUB TO THE CITY OF GRAND ISLAND LTS 1-2-& 3 - 400524060 CITY OF GRAND ISLAND ORIGINAL TOWN VAC WHEELER AVE BETWEEN LT 5 BLK 56 & LT 8 BLK 57 RIGHT-OF-WAY ONLY - $ 142,202.11 SECTION 2. The special tax shall become delinquent in fifty (50) days from date of this levy; the entire amount so assessed and levied against each lot or tract may be paid within fifty (50) days from the date of this levy without interest and the lien of special tax thereby satisfied and released. After the same shall become delinquent, interest at the rate of fourteen percent (14%) per annum shall be paid thereon. SECTION 3. The city treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the “Railside Business Improvement District”. SECTION 5. Any provision of the Grand Island City Code, any ordinance, or part of an ordinance in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Page 319 of 320 ORDINANCE NO. 9950 (cont.) - 22 - Enacted: October 24, 2023. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ Jill Granere, Deputy City Clerk Page 320 of 320