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11-07-2023 City Council Meeting Packet City Council Meeting Agenda Council Chambers City Hall 100 East First Street Regular Meeting of November 7, 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 Dan Bremer, Grace Lutheran Church, 545 East Memorial Drive 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 8. BOARD OF EQUALIZATION a. 2023-BE-7 - Consideration of Determining Benefits for the 4th Street Business Improvement District 9. CONSENT AGENDA a. Approving Minutes of October 24, 2023 City Council Regular Meeting b. Approving Payment of Claims for the Period of October 25, 2023 through November 7, 2023 for a total amount of $7,380,553.66. c. #2023-283 - Approving Hall County Inter-Local Agreement for Keno d. #2023-284 - Approving Fire Department Spillman to Phoenix Interface Module e. #2023-285 - Approving Bid Award for Glover Downtown Parking Lot Improvements; Project No. 2022-PL-1 f. #2023-286 - Approving Final Acceptance of the Five Points Intersection Improvements g. #2023-287 - Approving Purchase of a new 10 CY Dump Truck for the Streets Division of the Public Works Department h. #2023-288 - Approving Inter-local Agreement with Central District Health Department Page 1 of 261 i. #2023-289 - Approving Change Order No. 1 for North Road- Westgate Road to Old Potash Highway Roadway Improvements; Project No. 2019-P-12 j. #2023-290 - Approving Purchase of two (2) new Pickup Trucks for the Parks Division of the Parks & Recreation Department k. #2023-291 - Approving Bid Award for a new ABI Force Infield Groomer for the Parks Division of the Parks & Recreation Department 10. PUBLIC HEARINGS a. Public Hearing on Request from Diamond Reception Hall LLC dba Diamond Reception Hall, 423 West 3rd Street for a Class "C" Liquor License. #2023-292 - Approving Request from Diamond Reception Hall LLC dba Diamond Reception Hall, 423 West 3rd Street for a Class "C" Liquor License and Liquor Manager Designation for Ivan Alcantar, 1314 South Lincoln Avenue, Grand Island, Nebraska. 11. REQUEST AND REFERRALS 12. RESOLUTIONS a. #2023-293 - Approving Contract with Central Nebraska Humane Society for Animal Control Services b. #2023-294 - Approving Change Order #1 for Solar Project c. #2023-295 - Approving Agreement with Transit Service Provider 13. ORDINANCES a. #9951- Consideration of Approving Water Fund - Lead Pipe Replacement Bond b. #9952 #9953 #9954 - Consideration of Approving Assessments for Parking District #3 c. #9955 - Consideration of Approving Assessments for 4th Street Business District Improvement 14. OTHER ITEMS Page 2 of 261 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: November 7, 2023 Item #: 8.a. Subject: 2023-BE-7 - Consideration of Determining Benefits for the 4th Street Business Improvement District Staff Contact: Patrick (Pat) Brown BACKGROUND: On September 12, 2023, the City Council adopted Ordinance No. 9941 that created the 4th Street Business Improvement District. 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 be approved by the BID Board and forwarded to the City Council for Consideration. The 2023-2024 Budget provides for special assessments on land and real property in the District as of January 1, 2023 in the amount of $0.32592 per $100 of real property. The total taxable value of $12,272,904 provides for assessments of $40,000. 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 based on 100% of the assessed value. 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. Page 3 of 261 RECOMMENDATION: City Administration recommends that the Council approve the benefits of 4th Street Business Improvement District and related assessments in Resolution 2023-BE-7. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution Page 4 of 261 R E S O L U T I O N 2023-BE-7 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for 4th Street Park 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 $40,000; and Such benefits are equal and uniform; and According to the equivalent frontage of the respective lots, tracts, and real estate within 4th Street Business Improvement District, such benefits are the sums set opposite the several descriptions as follows: OWNER LEGAL NAME ASSESSMENT JOT PROPERTIES LLC JOT SUBDIVISION LOT 1 337.08 EL PALENQUE INC NITZEL SUB N 58.67' OF E 53.1' OF LT 2 123.62 DOCK/THE IMPROVEMENTS ONLY LOCATED ON UNION PACIFIC RR ROW ADJ BLK 54 OT LAN DOWNER:UNION PACIFIC RAILROAD 923.30 AKIN/BRANDON HOMETOWN THIRD SUB LT 1 439.02 JACINTO-REYNOSO/JOSE GRIMMINGER SUB LT 2 409.60 LUVIANO/PEDRO LEON JOT SUBDIVISION LOT 2 803.71 UNION PACIFIC RAILROAD MISCELLANEOUS TRACTS 16-11-9 TO THE CITYOF GRAND ISLAND PT NE 1/4 0.00 ALCANTAR/EDGAR IMPROVEMENTS ONLY LOCATED ON SO OF BLK 39 O.T. 16-11-9 MISC TRACTS LANDOWNER:UPRR ROW 485.58 GRIMMINGER/SAM & KAY GRIMMINGER SUB LT 1 78.29 GAUTHIER/CLARK IMPROVEMENTS ONLY LOCATED ON SOUTH OF BLK 42 O.T. MT 16-11-9 LANDOWNER: UNION P ACIFIC RAILROAD 373.42 GRAND ISLAND UTILITIES DEPT ORIGINAL TOWN TO THE CITY OF GRAND ISLAND PARKS DEPT 121.78 Page 5 of 261 - 2 - ALVARADO/MILDRED J & JOSE ORIGINAL TOWN N 44' OF S 1/2 LT 4 BLK 40 275.63 MISSOURI PACIFIC RAILROAD COMPANY ORIGINAL TOWN E 44.7' LT 7 & ALL LT 8 & VAC WHEELER ST BLK 40 180.49 LUVIANO/PEDRO LEON ORIGINAL TOWN XC NW COR PT LT 4 BLK 44 416.92 ROMERO/ANASTACIO & REYNA ORIGINAL TOWN LT 7 BLK 30 351.61 MITCHELL/JAMES G & CHARL ANN ORIGINAL TOWN E 22' LT 5 BLK 32 127.97 AGUILAR PRINTING INC ORIGINAL TOWN LT 6 BLK 33 28.39 LINGEMAN/MICHAEL J ORIGINAL TOWN LT 8 BLK 33 454.79 RAWLINGS/TERRY & ALMA ORIGINAL TOWN LOT 8 BLK 34 661.75 ARIA DE SANCHEZ/MARIA D ORIGINAL TOWN LT 1 BLK 38 585.70 HARTFORD/KENNETH L RAILROAD ADD LT 2 BLK 110 456.37 SANCHEZ/FILEMON & AGUSTIN HUMMEL SUB LT 2 53.10 JMR ENTERPRISES LLC JMR SUB LT 1 183.52 BANDASACK/CHANH ORIGINAL TOWN LTS 3 & 4 BLK 38 837.66 GARCIA-ORTIZ/JUAN I ORIGINAL TOWN N 22' OF S 88' LT 1 & N 22' OF E 5' OF S 88' LT 2 BLK 39 108.15 GRIMMINGER/SAM & KAY ORIGINAL TOWN N 22' OF N 1/2 LT 4 BLK 40 308.83 ROTH/DONNA F ORIGINAL TOWN LOT 2 BLK 41 376.72 MURCIA/MISAEL DE JESUS ORIGINAL TOWN LTS 5-6-7 & 8 BLK 43 780.54 MIDWEST PREMIER INVESTMENTS LLC ORIGINAL TOWN W 22' LT 6 & ALL LT 5 BLK 29 224.20 MITCHELL/JAMES G & CHARL ANN ORIGINAL TOWN S 37.2' OF N 72' OF W 44' LT 5 BLK 32 133.01 MANRIQUEZ/ARIOSTO ORIGINAL TOWN E 29'4 LT 6 BLK 34 122.07 Page 6 of 261 - 3 - PONCE/TEODOLINDA ORIGINAL TOWN LOT 7 BLK 35 439.99 PEDRO/MIGUEL MATEO ORIGINAL TOWN LT 7 XC E 14' OF S 80' & W6' N 52' LT 8 BLK 36 518.83 MANRIQUEZ/ARIOSTO ORIGINAL TOWN W 44' LT 2 BLK 37 303.92 CLARK/PATRICK & RHONDA HUMMEL SUB LT 4 496.67 GAMEZ/ELPIDIO & ROSA JMR SUB LT 2 366.48 KHAMMALY/APHIDET & ANNIE ORIGINAL TOWN S 22' LT 4 BLK 40 264.36 GAUTHIER/CLARK ORIGINAL TOWN PT VAC LOCUST ST & LT 1 BLK 41 250.25 LUVIANO/PEDRO LEON ORIGINAL TOWN N 43.55' X 83' LT 4 BLK 44 75.28 TR ELECTRICAL CONTRACTOR, LLC ORIGINAL TOWN LOT 6 BLK 30 575.30 LAMEXICANA INC ORIGINAL TOWN LOT 8 BLK 30 213.96 MIDWEST PREMIER INVESTMENTS LLC ORIGINAL TOWN LT 7 BLK 33 278.78 J R ENTERPRISES LLC ORIGINAL TOWN LT 5 BLK 36 567.10 CLARK/PATRICK & RHONDA HUMMEL SUB LT 1 64.65 SANCHEZ/FILEMON & AGUSTIN HUMMEL SUB LT 3 168.47 FERREIRA/GUSTAVO HURTADO ORIGINAL TOWN LT 2 BLK 38 357.88 BANDASACK/CHANH & SIPHANH ORIGINAL TOWN LOT 3 BLK 41 680.43 MISSOURI PACIFIC RAILROAD COMPANY ORIGINAL TOWN LTS 5-6-7-& 8 & VAC LOCUSTST BLK 41 325.59 GAUTHIER/CLARK A KNOTT'S SECOND SUB LT 1 165.46 LAMEXICANA INC ORIGINAL TOWN LTS 1-2-3 & 4 BLK 43 1329.76 MARTINEZ/FRANCISCO GOMEZ ORIGINAL TOWN E 44' LT 6 BLK 29 306.38 Page 7 of 261 - 4 - MITCHELL/JAMES G ORIGINAL TOWN W 44' OF S 60' LT 5 BLK 32 295.91 MAYHEW/SUSAN A ORIGINAL TOWN N 34.8' OF W 44' LT 5 BLK 32 125.72 AGUILAR PRINTING INC ORIGINAL TOWN LT 5 BLK 33 517.85 MIDWEST PREMIER INVESTMENTS LLC ORIGINAL TOWN LOT 6 BLK 35 425.74 ZUMAYA/ALENJANDRO & MARGARITA RAILROAD ADD S 88.95' LT 8 BLK 111 228.11 HAMIK FAMILY. LLC HOMETOWN SECOND SUB LT 1 2226.00 THIRD CITY INVESTMENTS LLC HOMETOWN THIRD SUB LT 2 399.12 KAISER/GINA A ORIGINAL TOWN S 22' N 66' LT 1 & S 22' N66' OF E 1/3 LT 2 BLK 42 171.03 GAUTHIER/CLARK A KNOTT'S SECOND SUB LT 2 586.59 LOBO/GLENDA L & BEN ORIGINAL TOWN E 22' LT 7 & ALL LT 8 BLK 29 509.54 J O ENTERPRISES INC CSG SUB LT 1 750.34 NITZEL & COMPANY NITZEL SUB W 22' LT 1 271.75 NITZEL & COMPANY NITZEL SUB E 45.10' OF LT 1 383.88 HEUER/DARLENE L ORIGINAL TOWN LT 7 BLK 32 581.90 HEUER/DARLENE L ORIGINAL TOWN LT 8 BLK 32 62.47 SANCHEZ/AGUSTIN & RODRIGO ORIGINAL TOWN W 43.5' OF S 80' LT 5 BLK 34 381.44 GRAND ISLAND APARTMENTS, LLC ORIGINAL TOWN S 1/2 LT 8 BLK 35 364.01 SANCHEZ/RODRIGO ORIGINAL TOWN S 80' OF E 30' LT 8 BLK 36 344.71 AVILA/DOUGLAS ORIGINAL TOWN N 44' LT 1 BLK 37 184.57 MONAD LLC RAILROAD ADD LT 7 BLK 111 424.89 Page 8 of 261 - 5 - BANDASAK/CHANH & SIPHANH SITTLER'S SUB LT 1 290.55 ROMERO/ANASTACIA & REYNA CSG SUB LT 2 338.87 OLSON/DARREL R & LINDA M IMPROVMENTS ONLY LOCATED ON SO OF BLK 40O.T. LANDOWNER: UNION PACIFIC RAILROAD ROW 146.84 0.00 TUXHORN INVESTMENTS LLC ORIGINAL TOWN LT 3 BLK 40 499.84 GRIMMINGER/SAM & KAY ORIGINAL TOWN C 22' OF N 1/2 LT 4 BLK 40 288.69 MCCURDY/DAWN J ORIGINAL TOWN N 52' OF LT 5 XC E 13' OF N 52' & XC THAT PART 9' X 12' BLK 34 236.97 MOHAMED/KADAR H ORIGINAL TOWN W 36'8 LT 6 BLK 34 434.40 RAYMUNDO/SANTIAGO T ORIGINAL TOWN LT 6 BLK 36 202.13 VASQUEZ/MAGDALENO & ARACELI ORIGINAL TOWN W 36' S 80' LT 8 & E 14' S80' LT 7 BLK 36 296.28 ALAMILLA/MIGUEL R ORIGINAL TOWN E 1/2 LT 3 BLK 37 292.45 GARCIA-ORTIZ/JUAN I ORIGINAL TOWN S 44' LT 1 & S 44' LT 2 BLK 39 555.17 YENNY/GAIL J ORIGINAL TOWN LTS 1 & 2 & PT VAC ST BLK 40 400.35 GRIMMINGER/SAM & KAY ORIGINAL TOWN S 22' OF N 1/2 LT 4 BLK 40 194.42 BANDASACK/CHANH & SIPHANH SITTLER'S SUB LT 2 127.19 GRAND ISLAND UTILITIES DEPT ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 5-6-7 & 8 BLK 42 249.87 MATUL/REMIGIO GONZALEZ ORIGINAL TOWN LOT 5 BLK 30 435.79 EL PALENQUE INC NITZEL SUB S 73.33' OF LT 2 & N 58.67' OF W 12.53' OF LT 2 759.11 ALVAREZ/ROGELIO ALVALOS ORIGINAL TOWN LOT 7 BLK 34 200.22 Page 9 of 261 - 6 - INTERNATIONAL CHURCH OF THE FOUR ORIGINAL TOWN LT 5 BLK 35 62.47 CARREON/MANUEL M & SUSAN M ORIGINAL TOWN E 60' OF N 52' LT 8 BLK 36 230.39 BLENDER LLC ORIGINAL TOWN W 1/2 OF LT 3 & ALL LT 4 BLK 37 593.74 4TH & EDDY PLAZA LLC ROLLINS ADD FR LT 5 BLK 17 879.34 HLK LLC RAILROAD ADD LT 1 BLK 110 440.21 SANCHEZ/MARY RAILROAD ADD N 43.05' LT 8 BLK 111 184.83 GARCIA-ORTIZ/JUAN I ORIGINAL TOWN N 44' OF S 88' OF LTS 1 & 2 XC N 22' S 88' LT 1 XC N 22' E 5' OF S88' LT 2 BLK 39 299.51 GARCIA-ORTIZ/JUAN I ORIGINAL TOWN N 44' LT 1 & N 44' LT 2 BLK 39 315.02 KAISER/GINA A ORIGINAL TOWN N 22' 6.5 LT 1 & N 22' 6.5E 1/3 LT 2 BLK 42 244.90 KAISER/GINA A ORIGINAL TOWN S 21' 5.5 OF N 44' LT 1 & S 21' 5.5 OF N 44' OF E 1/3 LT 2 BLK 42 401.18 JOT PROPERTIES LLC ORIGINAL TOWN W 2/3 LT 7 BLK 29 225.83 LA MILAGROSA SUPER MARKET, LLC ORIGINAL TOWN E 44' LT 6 BLK 31 440.91 118 WEST 4TH STREET, LLC ORIGINAL TOWN W 22' LT 6 BLK 31 306.03 SANTOS/FELIX ALBA ORIGINAL TOWN E 22.5' OF S 80' & E 13' OF N 52' LT 5 & THAT PART 9' X 12' BLK 34 173.02 0.00 SOLORZANO-IBAL/JUAN ORIGINAL TOWN N 66' LT 8 BLK 35 124.82 LANZENDORF HOLDINGS LTD ORIGINAL TOWN S 88' LT 1 & E 22' S 66' LT 2 BLK 37 437.28 LANZENDORF HOLDINGS LTD ORIGINAL TOWN N 66' OF E 22' LT 2 BLK 37 121.18 4TH & EDDY PLAZA LLC RAILROAD ADD LT 6 BLK 111 822.23 Page 10 of 261 - 7 - JOT PROPERTIES LLC JOT SUBDIVISION LOT 1 337.08 EL PALENQUE INC NITZEL SUB N 58.67' OF E 53.1' OF LT 2 123.62 DOCK/THE IMPROVEMENTS ONLY LOCATED ON UNION PACIFIC RR ROW ADJ BLK 54 OT LAN DOWNER:UNION PACIFIC RAILROAD 923.30 AKIN/BRANDON HOMETOWN THIRD SUB LT 1 439.02 JACINTO-REYNOSO/JOSE GRIMMINGER SUB LT 2 409.60 LUVIANO/PEDRO LEON JOT SUBDIVISION LOT 2 803.71 UNION PACIFIC RAILROAD MISCELLANEOUS TRACTS 16-11-9 TO THE CITYOF GRAND ISLAND PT NE 1/4 0.00 ALCANTAR/EDGAR IMPROVEMENTS ONLY LOCATED ON SO OF BLK 39 O.T. 16-11-9 MISC TRACTS LANDOWNER:UPRR ROW 485.58 GRIMMINGER/SAM & KAY GRIMMINGER SUB LT 1 78.29 GAUTHIER/CLARK IMPROVEMENTS ONLY LOCATED ON SOUTH OF BLK 42 O.T. MT 16-11-9 LANDOWNER: UNION P ACIFIC RAILROAD 373.42 GRAND ISLAND UTILITIES DEPT ORIGINAL TOWN TO THE CITY OF GRAND ISLAND PARKS DEPT 121.78 ALVARADO/MILDRED J & JOSE ORIGINAL TOWN N 44' OF S 1/2 LT 4 BLK 40 275.63 MISSOURI PACIFIC RAILROAD COMPANY ORIGINAL TOWN E 44.7' LT 7 & ALL LT 8 & VAC WHEELER ST BLK 40 180.49 LUVIANO/PEDRO LEON ORIGINAL TOWN XC NW COR PT LT 4 BLK 44 416.92 ROMERO/ANASTACIO & REYNA ORIGINAL TOWN LT 7 BLK 30 351.61 MITCHELL/JAMES G & CHARL ANN ORIGINAL TOWN E 22' LT 5 BLK 32 127.97 AGUILAR PRINTING INC ORIGINAL TOWN LT 6 BLK 33 28.39 LINGEMAN/MICHAEL J ORIGINAL TOWN LT 8 BLK 33 454.79 Page 11 of 261 - 8 - RAWLINGS/TERRY & ALMA ORIGINAL TOWN LOT 8 BLK 34 661.75 ARIA DE SANCHEZ/MARIA D ORIGINAL TOWN LT 1 BLK 38 585.70 HARTFORD/KENNETH L RAILROAD ADD LT 2 BLK 110 456.37 SANCHEZ/FILEMON & AGUSTIN HUMMEL SUB LT 2 53.10 JMR ENTERPRISES LLC JMR SUB LT 1 183.51 BANDASACK/CHANH ORIGINAL TOWN LTS 3 & 4 BLK 38 837.66 GARCIA-ORTIZ/JUAN I ORIGINAL TOWN N 22' OF S 88' LT 1 & N 22' OF E 5' OF S 88' LT 2 BLK 39 108.15 GRIMMINGER/SAM & KAY ORIGINAL TOWN N 22' OF N 1/2 LT 4 BLK 40 308.83 ROTH/DONNA F ORIGINAL TOWN LOT 2 BLK 41 376.72 MURCIA/MISAEL DE JESUS ORIGINAL TOWN LTS 5-6-7 & 8 BLK 43 780.54 MIDWEST PREMIER INVESTMENTS LLC ORIGINAL TOWN W 22' LT 6 & ALL LT 5 BLK 29 224.20 MITCHELL/JAMES G & CHARL ANN ORIGINAL TOWN S 37.2' OF N 72' OF W 44' LT 5 BLK 32 133.01 MANRIQUEZ/ARIOSTO ORIGINAL TOWN E 29'4 LT 6 BLK 34 122.07 PONCE/TEODOLINDA ORIGINAL TOWN LOT 7 BLK 35 439.99 PEDRO/MIGUEL MATEO ORIGINAL TOWN LT 7 XC E 14' OF S 80' & W6' N 52' LT 8 BLK 36 518.83 MANRIQUEZ/ARIOSTO ORIGINAL TOWN W 44' LT 2 BLK 37 303.92 CLARK/PATRICK & RHONDA HUMMEL SUB LT 4 496.67 JMR ENTERPRISES LLC JMR SUB LT 2 366.48 KHAMMALY/APHIDET & ANNIE ORIGINAL TOWN S 22' LT 4 BLK 40 264.36 GAUTHIER/CLARK ORIGINAL TOWN PT VAC LOCUST ST & LT 1 BLK 41 250.25 Page 12 of 261 - 9 - LUVIANO/PEDRO LEON ORIGINAL TOWN N 43.55' X 83' LT 4 BLK 44 75.28 TR ELECTRICAL CONTRACTOR, LLC ORIGINAL TOWN LOT 6 BLK 30 575.30 LAMEXICANA INC ORIGINAL TOWN LOT 8 BLK 30 213.96 MIDWEST PREMIER INVESTMENTS LLC ORIGINAL TOWN LT 7 BLK 33 278.78 J R ENTERPRISES LLC ORIGINAL TOWN LT 5 BLK 36 567.10 CLARK/PATRICK & RHONDA HUMMEL SUB LT 1 64.65 SANCHEZ/FILEMON & AGUSTIN HUMMEL SUB LT 3 168.47 FERREIRA/GUSTAVO HURTADO ORIGINAL TOWN LT 2 BLK 38 357.88 BANDASACK/CHANH & SIPHANH ORIGINAL TOWN LOT 3 BLK 41 680.43 MISSOURI PACIFIC RAILROAD COMPANY ORIGINAL TOWN LTS 5-6-7-& 8 & VAC LOCUSTST BLK 41 325.59 GAUTHIER/CLARK A KNOTT'S SECOND SUB LT 1 165.46 LAMEXICANA INC ORIGINAL TOWN LTS 1-2-3 & 4 BLK 43 1329.76 MARTINEZ/FRANCISCO GOMEZ ORIGINAL TOWN E 44' LT 6 BLK 29 306.38 MITCHELL/JAMES G ORIGINAL TOWN W 44' OF S 60' LT 5 BLK 32 295.91 MAYHEW/SUSAN A ORIGINAL TOWN N 34.8' OF W 44' LT 5 BLK 32 125.72 AGUILAR PRINTING INC ORIGINAL TOWN LT 5 BLK 33 517.85 MIDWEST PREMIER INVESTMENTS LLC ORIGINAL TOWN LOT 6 BLK 35 425.74 ZUMAYA/ALENJANDRO & MARGARITA RAILROAD ADD S 88.95' LT 8 BLK 111 228.11 HAMIK FAMILY. LLC HOMETOWN SECOND SUB LT 1 2226.00 THIRD CITY INVESTMENTS LLC HOMETOWN THIRD SUB LT 2 399.12 Page 13 of 261 - 10 - KAISER/GINA A ORIGINAL TOWN S 22' N 66' LT 1 & S 22' N66' OF E 1/3 LT 2 BLK 42 171.03 GAUTHIER/CLARK A KNOTT'S SECOND SUB LT 2 586.59 LOBO/GLENDA L & BEN ORIGINAL TOWN E 22' LT 7 & ALL LT 8 BLK 29 509.54 J O ENTERPRISES INC CSG SUB LT 1 750.34 NITZEL & COMPANY NITZEL SUB W 22' LT 1 271.75 NITZEL & COMPANY NITZEL SUB E 45.10' OF LT 1 383.88 HEUER/DARLENE L ORIGINAL TOWN LT 7 BLK 32 581.90 HEUER/DARLENE L ORIGINAL TOWN LT 8 BLK 32 62.47 SANCHEZ/AGUSTIN & RODRIGO ORIGINAL TOWN W 43.5' OF S 80' LT 5 BLK 34 381.44 GRAND ISLAND APARTMENTS, LLC ORIGINAL TOWN S 1/2 LT 8 BLK 35 364.01 SANCHEZ/RODRIGO ORIGINAL TOWN S 80' OF E 30' LT 8 BLK 36 344.71 AVILA/DOUGLAS ORIGINAL TOWN N 44' LT 1 BLK 37 184.57 MONAD LLC RAILROAD ADD LT 7 BLK 111 424.89 BANDASAK/CHANH & SIPHANH SITTLER'S SUB LT 1 290.55 ROMERO/ANASTACIA & REYNA CSG SUB LT 2 338.87 OLSON/DARREL R & LINDA M IMPROVMENTS ONLY LOCATED ON SO OF BLK 40O.T. LANDOWNER: UNION PACIFIC RAILROAD ROW 146.84 0.00 TUXHORN INVESTMENTS LLC ORIGINAL TOWN LT 3 BLK 40 499.84 GRIMMINGER/SAM & KAY ORIGINAL TOWN C 22' OF N 1/2 LT 4 BLK 40 288.69 Page 14 of 261 - 11 - MCCURDY/DAWN J ORIGINAL TOWN N 52' OF LT 5 XC E 13' OF N 52' & XC THAT PART 9' X 12' BLK 34 236.97 MOHAMED/KADAR H ORIGINAL TOWN W 36'8 LT 6 BLK 34 434.40 RAYMUNDO/SANTIAGO T ORIGINAL TOWN LT 6 BLK 36 202.13 VASQUEZ/MAGDALENO & ARACELI ORIGINAL TOWN W 36' S 80' LT 8 & E 14' S80' LT 7 BLK 36 296.28 ALAMILLA/MIGUEL R ORIGINAL TOWN E 1/2 LT 3 BLK 37 292.45 GARCIA-ORTIZ/JUAN I ORIGINAL TOWN S 44' LT 1 & S 44' LT 2 BLK 39 555.17 YENNY/GAIL J ORIGINAL TOWN LTS 1 & 2 & PT VAC ST BLK 40 400.35 GRIMMINGER/SAM & KAY ORIGINAL TOWN S 22' OF N 1/2 LT 4 BLK 40 194.42 BANDASACK/CHANH & SIPHANH SITTLER'S SUB LT 2 127.19 GRAND ISLAND UTILITIES DEPT ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 5-6-7 & 8 BLK 42 249.87 MATUL/REMIGIO GONZALEZ ORIGINAL TOWN LOT 5 BLK 30 435.79 EL PALENQUE INC NITZEL SUB S 73.33' OF LT 2 & N 58.67' OF W 12.53' OF LT 2 759.11 ALVAREZ/ROGELIO ALVALOS ORIGINAL TOWN LOT 7 BLK 34 200.22 INTERNATIONAL CHURCH OF THE FOUR ORIGINAL TOWN LT 5 BLK 35 62.47 CARREON/MANUEL M & SUSAN M ORIGINAL TOWN E 60' OF N 52' LT 8 BLK 36 230.39 BLENDER LLC ORIGINAL TOWN W 1/2 OF LT 3 & ALL LT 4 BLK 37 593.74 4TH & EDDY PLAZA LLC ROLLINS ADD FR LT 5 BLK 17 879.34 HLK LLC RAILROAD ADD LT 1 BLK 110 440.21 SANCHEZ/MARY RAILROAD ADD N 43.05' LT 8 BLK 111 184.83 GARCIA-ORTIZ/JUAN I ORIGINAL TOWN N 44' OF S 88' OF LTS 1 & 2 XC N 22' S 88' LT 1 XC N 22' E 5' OF S88' LT 2 299.51 Page 15 of 261 - 12 - BLK 39 GARCIA-ORTIZ/JUAN I ORIGINAL TOWN N 44' LT 1 & N 44' LT 2 BLK 39 315.02 KAISER/GINA A ORIGINAL TOWN N 22' 6.5 LT 1 & N 22' 6.5E 1/3 LT 2 BLK 42 244.90 KAISER/GINA A ORIGINAL TOWN S 21' 5.5 OF N 44' LT 1 & S 21' 5.5 OF N 44' OF E 1/3 LT 2 BLK 42 401.18 JOT PROPERTIES LLC ORIGINAL TOWN W 2/3 LT 7 BLK 29 225.83 LA MILAGROSA SUPER MARKET, LLC ORIGINAL TOWN E 44' LT 6 BLK 31 440.91 118 WEST 4TH STREET, LLC ORIGINAL TOWN W 22' LT 6 BLK 31 306.03 SANTOS/FELIX ALBA ORIGINAL TOWN E 22.5' OF S 80' & E 13' OF N 52' LT 5 & THAT PART 9' X 12' BLK 34 173.02 0.00 SOLORZANO-IBAL/JUAN ORIGINAL TOWN N 66' LT 8 BLK 35 124.82 LANZENDORF HOLDINGS LTD ORIGINAL TOWN S 88' LT 1 & E 22' S 66' LT 2 BLK 37 437.28 LANZENDORF HOLDINGS LTD ORIGINAL TOWN N 66' OF E 22' LT 2 BLK 37 121.18 4TH & EDDY PLAZA LLC RAILROAD ADD LT 6 BLK 111 822.23 40,000.00 Adopted by the City Council of the City of Grand Island, Nebraska, on November 7, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 16 of 261 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: November 7, 2023 Item #: 9.a. Subject: Approving Minutes of October 24, 2023 City Council Regular Meeting Staff Contact: Jill Granere BACKGROUND: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: 1. Minutes Page 17 of 261 City Council Meeting Minutes Regular Meeting October 24, 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 24, 2023. Notice of the meeting was given in The Grand Island Independent on October 18, 2023. Mayor Roger G. Steele called the meeting to order at 7:00 PM. The following City Council members were present: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, Jason Conley and Doug Lanfear. Councilmember Maggie Mendoza was absent. 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. 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 6. RESERVE TIME TO SPEAK ON AGENDA ITEMS 7. PRESENTATIONS AND PROCLAMATIONS a. Recognition of City Clerk RaNae Edwards for 25 Years of Service with the City of Grand Island Mayor Roger Steele and City Council recognized RaNae Edwards for 25 years of service with the City of Grand Island. Page 18 of 261 City Council Regular Meeting, October 24, 2023 2 b. Recognition of Electric Distribution Supervisor Larry Christensen for 50 Years of Service with the City of Grand Island Mayor Roger Steele and City Council recognized Larry Christensen for 50 years of service with the City of Grand Island. 8. BOARD OF EQUALIZATION Motion by Sheard, second by Guzinski to adjourn to the Board of Equalization. Upon roll call vote, all voted aye. Motion adopted. 2023-BE-5 - Consideration of Determining Benefits for Parking District #3. Assistant City Administrator Patrick Brown reported that the budgeted assessments for Parking District #3 has option A or B. Option A would give a $10 credit and would have an estimated credit amount of $7,182, leaving $76,288 of the special assessment amount. Option B would give a $20 credit and would have an estimated credit amount of $12,842, leaving $70,628 of special assessment amount. Staff recommended approval. Amy Mayhew spoke in favor of option B. Motion by Paulick, second by Haase to approve Resolution #2023-BE-5 (B). Upon roll call vote, Councilmembers Conley, Lanfear, Paulick, Sheard and Haase voted aye. Councilmembers Fitzke and Guzinski voted no. Motion adopted. Councilmembers Nickerson and Stelk abstained from voting due to conflict of interest. 2023-BE-6 - Consideration of Determining Benefits for Railside Business Improvement District. Assistant City Administrator Patrick Brown reported that the budgeted assessments for Railside Business Improvement District of $142,903.94. Brown reported that 12 property owners filed proper documentation for the 30% eligible reduction. The approved reductions equals $701.83, reducing the request to $142,202.11. Staff recommend approval. Motion by Guzinski, second by Sheard to approve Resolution #2023-BE-6. Upon roll call vote, all voted aye. Motion adopted. Councilmember Paulick did not vote and Councilmember Stelk abstained from voting due to conflict of interest. RETURN TO REGULAR SESSION: Motion by Paulick, second by Lanfear to return to Regular Session. Motion adopted. 9. CONSENT AGENDA Motion by Lanfear, second by Paulick to approve the Consent Agenda 9a. – 9p excluding 9n. Upon roll call vote, all voted aye. Motion adopted. a. Approving Minutes of October 10, 2023 City Council Regular Meeting. Page 19 of 261 City Council Regular Meeting, October 24, 2023 3 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. 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 from Nebraska Machinery Company, Doniphan, Nebraska in an amount of $209,818.00. g. #2023-269 - Approving Purchase of 2025 LT625 6x4 Conventional Truck-Tractor for the Solid Waste Division of the Public Works Department from Hansen International, Inc. of Grand Island, Nebraska in an amount of $144,782.60. h. #2023-270 - Approving Bid Award of One (1) 2024 Solid Waste Transfer Trailer for the Solid Waste Division of the Public Works Department with Wilkens Industries of Morris, Minnesota in an amount of $120,757.00. i. #2023-271 - Approving Award of Professional Engineering Consulting Services for Wastewater Treatment Plant UV Disinfection Upgrade; Project No. 2023-WWTP-1 with Olsson, Inc. of Grand Island, Nebraska in an amount not to exceed $78,400.00. j. #2023-272 - Approving Skid Steer Buy-Back for Streets Division with Central Nebraska Bobcat of Grand Island, Nebraska in an amount of $25,917.68. k. #2023-273 - Appointment of City's Representative of the Nebraska Municipal Power Pool of Utility Director Ryan Schmitz. l. #2023-274 - Appointment of City's Representative of the Public Power Generation Agency of Utility Director Ryan Schmitz. m. #2023-275 - Approving Emergency Procurement of Generator Wedges with MD&A Repairs Division of St. Louis, Missouri in an amount of $244,683.00. n. #2023-276 - Approving the Final Plat and Subdivision Agreement for Jaxson Second Subdivision. It was noted that 3MJR, LLC, owner had submitted the Final Plat and Subdivision Agreement for Jaxson Second Subdivision located south of Old Potash Highway and west of North Road. The property is 16 lots and 1 outlot 16.766 acres. Discussion was help on the project. Josh Rhoads spoke about the phases and rate of completion on the project. Motion by Nickerson, second by Fitzke to approve Item 9n. Upon roll call vote, all voted aye. Motion adopted. o. #2023-277 - Approving the Final Plat and Subdivision Agreement for Eagle Lake Estates Fourth Subdivision. It was noted that Brock Emery and others, owners had submitted the Final Plat and Subdivision Agreement for Eagle Lake Estates Fourth Subdivision located north of Stoneridge Path and east of Linden Avenue. The property is 3 lots and 12.478 acres. p. #2023-278 - Approving Cleargov of Maynard, Massachusetts for FY24 Annual Fee in an amount of $73,645.00. 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. Page 20 of 261 City Council Regular Meeting, October 24, 2023 4 Deputy City Clerk Jill Granere reported an application for a Class “IK” Liquor License had been received from Bosselman Food Services, Inc. dba Thunder Road Sports Bar, 1607 South Locust Street. Ms. Granere presented the following exhibits for the record application submitted to the Liquor Control Commission and received by the City on October 6, 2023; notice to the general public of date, time, and place of hearing was published on October 14, 2023; notice to the applicant of date, time, and place of hearing was mailed on October 9, 2023. Also submitted was a Liquor Manager Designation for Kinsey Aitken, 2529 W Anna Street, Grand Island, Nebraska. Staff recommended approval contingent upon final inspections and Liquor Manager designation for Kinsey Aitken. No public testimony was heard. #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. Motion by Sheard, second by Paulick to approve Resolution #2023-279. Upon roll call vote, all voted aye. Motion adopted. 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). Community Development Director Chad Nabity reported 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. Staff recommended approval. Roger Bullington and Mason Herrman spoke in favor of the project. #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) Motion by Nickerson, second by to approve Resolution #2023-280. Upon roll call vote, Councilmembers Conley, Nickerson, Stelk, Fitzke, Paulick, Sheard, Hasse, and Guzinski voted aye. Councilmember Lanfear voted no. Motion adopted. c. Public Hearing on Redevelopment Plan Amendment CRA Area 34 - Alltel Building 3650 W 13th Street Grand Island, NE. (Starostka Group LLC) Community Development Director Chad Nabity reported Starostka Group LLC was proposing to redevelop the former Alltel building at 3650 W. 13th Street. They are proposing to rehabilitate this property for commercial purposes. The property was zoned B2 General Business Zone. Staff have prepared a redevelopment plan for the property consistent with the TIF application. Andrew Willis and Jordan Starostka spoke in favor. Page 21 of 261 City Council Regular Meeting, October 24, 2023 5 #2023-281 - Approving Redevelopment Plan Amendment CRA Area 34 - Alltel Building 3650 W 13th Street Grand Island, NE. (Starostka Group LLC) Motion by Guzinski, second by Haase to approve Resolution #2023-281. Upon roll call vote, all voted aye. Motion adopted. 11. REQUEST AND REFERRALS a. Request to Approve Mayoral Appointment of City Attorney Mayor Roger Steele reported Aaron Schmid, Human Resource Director, initiated a search for qualified candidates immediately after the position of City Attorney became vacant. Kari Fisk, a Grand Island resident and experienced municipal attorney applied. Mr. Schmid and City Administrator McAloon interviewed Ms. Fisk and recommended to the Mayor to interview her. Mayor Steele had the same positive impression of Ms. Fisk. Interview panels were conducted were overwhelmingly positive. Based on consensus of the interview panelist for City Attorney was Kari Fisk. Motion by Stelk, second by Lanfear to approve Mayoral Appointment Kari Fisk as City Attorney. Upon roll call vote, all voted aye. Motion adopted. 12. RESOLUTIONS a. #2023-282 - Approving Directing Property Owner to Repair Sidewalk at 1310 S Lincoln Avenue Public Works Director reported Public Works and Code Enforcement had been working through sidewalk complaints received. An Engineering Technician evaluated the condition of the sidewalk at 1310 S. Lincoln Avenue and deemed it to be out of compliance with ADA. Both Code Enforcement and Public Works have tried to reach a resolution with no avail. A letter was sent to the property owners notifying them the matter would go in front of City Council. If the property owners fail to either obtain the sidewalk permit in 15 days or complete necessary repairs within 15 days, the City of Grand Island would take necessary repairs with all costs being the responsibility of the owner. Staff recommended approval. Discussion was held regarding the reasons for the repair. Motion by Guzinski, second by Fitzke to approve Resolution #2023-282. Upon roll call vote, Conley, Stelk, Fitzke, Paulick, Sheard, and Guzinski voted aye. Councilmembers Lanfear, Nickerson and Haase voted no. Motion adopted. 13. ORDINANCES Page 22 of 261 City Council Regular Meeting, October 24, 2023 6 a. #9948 - Consideration of Revisions to Chapter 35 of the City Code (Water) Utility Director Ryan Schmitz reported on January 4, 2023 revisions to Chapter 35 of the City Code was amended by Ordinance No. 9912 that allowed Utilities Department to assume ownership and maintenance of the water service lines for single family dwelling in the City right of way. On September 26, 2023, Resolution No. 2023-241 was adopted, approving $4,500,000.00 loan amount from the State Revolving Fund for City’s Lead Service Line replacement program. The proposed changes include revisions to the referenced section of the code that all 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 would have sole responsibility. Also, the Utilities Department would execute and finance any construction work both private and public. Staff recommended approval. Motion to suspend the rules was moved by Paulick, seconded by Fitzke. Upon roll call vote, all voted aye. Motion adopted. Motion by Guzinski, second by Fitzke to approve Ordinance #9948. Upon roll call vote, all voted aye. Motion adopted. b. #9949 - Consideration of Approving Assessments for Parking District #3 This item was related to the aforementioned Board of Equalization. Staff recommended approval. Motion to suspend the rules was moved by Guzinski, seconded by Lanfear. Upon roll call vote, Councilmembers Conley, Lanfear, Nickerson, Stelk, Paulick, Sheard, Haase and Guzinski voted aye. Councilmember Fitzke voted no. Motion adopted. Motion by Haase, second by Paulick to approve Ordinance #9949. Upon roll call vote, all Councilmembers Conley, Lanfear, Paulick, Sheard, and Haase voted aye. Councilmembers Fitzke and Guzinski voted no. Motion failed. Councilmembers Nickerson and Stelk abstained from voting due to conflict of interest. c. #9950 - Consideration of Approving Assessments for Railside Business Improvement District This item was related to the aforementioned Board of Equalization. Staff recommended approval. Motion to suspend the rules was moved by Lanfear, seconded by Sheard. Upon roll call vote, all voted aye. Motion adopted. Motion by Guzinski, second by Lanfear to approve Ordinance #9950. Upon roll call vote, all voted aye. Motion adopted. Page 23 of 261 City Council Regular Meeting, October 24, 2023 7 ADJOURN The meeting was adjourned at 8:33 p.m. Jill Granere Deputy City Clerk Page 24 of 261 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: November 7, 2023 Item #: 9.b. Subject: Approving Payment of Claims for the Period of October 25, 2023 through November 7, 2023 for a total amount of $7,380,553.66. Staff Contact: Patrick (Pat) Brown BACKGROUND: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: None Page 25 of 261 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: November 7, 2023 Item #: 9.c. Subject: #2023-283 - Approving Hall County Inter-Local Agreement for Keno Staff Contact: Stacy Nonhof BACKGROUND: Fonner Keno, Inc., is the operator of the Keno lottery authorized by the City of Grand Island/Hall County Interlocal Cooperation Agreement. The Interlocal Agreement and Operator Agreement have been in place since 1993. In 2008, the City Council extended both agreements for five years from December 31, 2008, to December 31, 2013. The action at that time included renewal provisions for an additional five years. DISCUSSION: The existing Interlocal Cooperation Agreement and Agreement with Fonner Keno, Inc., provides that the term of the Interlocal Cooperation Agreement shall automatically renew for an additional five year term unless either party gave notice twelve months prior to the renewal to Fonner Keno. The Fonner Keno Agreement automatically renewed as of January 1, 2014, for five years to December 31, 2018. The Agreement then automatically renewed again on January 1, 2019, as no notice of termination had been given by either party. 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 Council approve this Resolution and ratify the five year extension of the Fonner Keno, Inc. Agreement. Page 26 of 261 SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. 1993 Keno Agreement Executed 2. 2023 Extension Interlocal 3. Resolution Page 27 of 261 Page 28 of 261 Page 29 of 261 Page 30 of 261 Page 31 of 261 Page 32 of 261 Page 33 of 261 Page 34 of 261 Page 35 of 261 R E S O L U T I O N 2023-283 WHEREAS, the City of Grand Island entered into an Interlocal Cooperation Agreement with the County of Hall on March 23, 1993, for the operation and control by the County of a lottery game or games within Hall County; and WHEREAS, the term of the Interlocal Agreement expires on December 31, 2023; and WHEREAS, the County has requested that such agreement be amended and extended to December 31, 2028, with an option for an additional five year term. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the modification and extension of the Interlocal Cooperation Agreement by and between the County of Hall and the City of Grand Island to extend and amend the expiration date of the contract to December 31, 2028, with an option for an additional five year term. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 7, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 36 of 261 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: November 7, 2023 Item #: 9.d. Subject: #2023-284 - Approving Fire Department Spillman to Phoenix Interface Module Staff Contact: Cory Schmidt BACKGROUND: The Grand Island Emergency Center (GIEC) uses Spillman as its computer-aided dispatch (CAD) software provider. The early version of Spillman was primarily focused on law enforcement with limited applications for fire departments. Recently, the Grand Island Fire Department (GIFD) expanded its use of Spillman. The expanded use was made possible through the implementation of the Phoenix fire station alerting system. Since Phoenix was first implemented by the GIFD, Spillman has made improvements and now offers an interface module specifically designed to work with the Phoenix system. DISCUSSION: IT staff has recommended the purchase of the Spillman to Phoenix interface module. The module will improve both the reliability and stability of the connection between Spillman and Phoenix. The module will also improve the overall functionality of the Phoenix system. The cost of the interface module along with installation and a five-year maintenance agreement is $48,500. Spillman is a Motorola Solutions product and is GIEC's sole source provider for CAD. The fire department's FY 2023-24 budget included $61,000 for the purchase of the interface module. FISCAL IMPACT: The cost of the Spillman to Phoenix Interface is $48,500. The fire department has those funds available as part of the FY 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 3. Postpone the issue to future date 4. Take no action on the issue presented in this motion Page 37 of 261 RECOMMENDATION: City Administration recommends the Council approve the purchase of Motorola Solutions,s Spillman to Phoenix interface module. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Quote 2. Resolution Page 38 of 261 Billing Address: GRAND ISLAND FIRE DEPT 100 E FIRST ST GRAND ISLAND, NE 68801 US Shipping Address: GRAND ISLLAND FIRE DEPT 100 E FIRST ST GRAND ISLAND, NE 68801 US Quote Date:03/06/2023 Expiration Date:03/05/2024 Quote Created By:Taylor MorrisTaylor.Morris@motorolasolutions.com End Customer: GRAND ISLAND FIRE DEPT Fred Hotz fhotz@grand-island.com 3083855444 Payment Terms:30 NET Line #Item Number Description Qty Term Sale Price Flex 1 ISV00S01851A PROJECT MANAGEMENT AND INSTALLATION 1 $3,500.00 2 SSV00S03492A-SP LICENSE,PHOENIX G2/USDD STATION ALERTING INTERFACE 1 $25,000.00 3 SWV00S03493A-SP PHOENIX G2/USDD STATION ALERTING STANDARD MAINTENANCE 1 5 YEAR $20,000.00 Grand Total $48,500.00(USD) QUOTE-2077899 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 1 Customer affirms that a purchase order or notice to proceed is not required for contract performance or for subsequent years of service, if any, and that sufficient funds have been appropriated in accordance with applicable law. The Customer will pay all invoices as received from Motorola and any changes in scope will be subject to the change order process as described in this Agreement. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement. Page 39 of 261 Pricing Summary Sale Price Upfront Costs for Hardware, Accessories and Implementation (if applicable), plus Subscription Fee $32,500.00 $0.00 Year 2 Subscription Fee $4,000.00 $0.00 Year 3 Subscription Fee $4,000.00 $0.00 Year 4 Subscription Fee $4,000.00 $0.00 Year 5 Subscription Fee $4,000.00 $0.00 Grand Total System Price $48,500.00 $0.00 Notes: ● This quote contains items with approved price exceptions applied against them. ● Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and Services Tax,sales tax, Value Added Tax and other taxes of a similar nature). Any tax the customer is subject to will be added toinvoices. Future Maintenance •Future maintenance is estimated for your planning purposes and is not included in this purchase. Term 6 Flex Maintenance Total: $4,160.00 The Customer’s signature below constitutes its agreement to purchase the licenses, products and/or services according tothe terms quoted by Motorola Solutions within this document. This document shall serve as an addendum to the PurchaseAgreement previously entered into between the Customer and Motorola Solutions. The terms and conditions of thePurchase Agreement, as well as the related License Agreement and Support Agreement, shall apply to the items quotedherein. Motorola Solutions, Inc. Customer By: ______________________________ By: ______________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: ____________________________ Date: ____________________________ Date: ____________________________ QUOTE-2077899 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 2 Page 40 of 261 R E S O L U T I O N 2023-284 WHEREAS, Grand Island Emergency Center utilizes Spillman as its sole source CAD provider; and WHEREAS, Fire department personnel are dispatched through Spillman CAD and Phoenix fire station alerting system; and WHEREAS, IT staff recommended the purchase of the Spillman to Phoenix interface module; and WHEREAS, the interface module will improve reliability, stability, and functionality of the Phoenix system; and WHEREAS, the cost of the interface module, installation, and a five-year service agreement is $48,500. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, move to approve the purchase of Motorola Solution’s Spillman to Phoenix interface module. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 7, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 41 of 261 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: November 7, 2023 Item #: 9.e. Subject: #2023-285 - Approving Bid Award for Glover Downtown Parking Lot Improvements; Project No. 2022-PL-1 Staff Contact: Keith Kurz BACKGROUND: The Glover Downtown Parking Lot Improvements; Project No. 2022- PL-1 is for the reconstruction of the parking lot at the northeast corner of 2nd Street and Walnut Street. The project will remove the existing damaged asphalt and replace with concrete. Page 42 of 261 On October 12, 2023 the Engineering Division of the Public Works Department advertised for bids for the Glover Downtown Parking Lot Improvements; Project No. 2022-PL-1. There were fourteen (14) potential bidders for this project. DISCUSSION: Five (5) bids were received and opened on October 26, 2023. The bids were submitted in compliance with the contract, plans and specifications. A summary of the bids is shown below. Bidder Exceptions Base Bid The Diamond Engineering Company of Grand Island, NE None $213,724.10 Bigzbys Concrete, Inc. of Grand Island, NE None $225,146.96 Morten Construction, LLC of Kearney, NE None $227,085.00 CL Construction of Wahoo, NE None $269,792.75 Heartland Concrete & Construction of Hastings, NE None $271,381.38 There are sufficient funds in Account No. 27010001-85213 to fund this project. FISCAL IMPACT: Funds are available in the approved FY 24 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. Page 43 of 261 RECOMMENDATION: City Administration recommends that the Council approve awarding the contract for Glover Downtown Parking Lot Improvements; Project No. 2022-PL-1 to The Diamond Engineering Company of Grand Island, Nebraska in the amount of $213,724.10 as the low compliant bid that meets specifications. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Bid Summary 2. Resolution Page 44 of 261 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: October 26, 2023 at 2:15 p.m. FOR: Glover Downtown Parking Lot Improvements; Project No. 2022-PL-1 DEPARTMENT: Public works ESTIMATE: $360,000.00 FUND/ACCOUNT: 270 PUBLICATION DATE: October 12, 2023 NO. POTENTIAL BIDDERS: 14 SUMMARY Bidder: CL Construction, LLC The Diamond Engineering Co. Lincoln, NE Grand Island, NE Bid Security: Inland Insurance Company Universal Surety Company Exceptions: None None Bid Price: $269,792.75 $213,724.10 Bidder: Bigzbys Concrete, Inc. Heartland Concrete & Construction Inc. Grand Island, NE Hastings NE Bid Security: Cashiers Check Inland Insurance Company Exceptions: None None Bid Price: $225,146.96 $271,381.38 Bidder: Morten Construction LLC Kearney, NE Bid Security: Western Surety Company Exceptions: None Bid Price: $227,085.00 cc: Keith Kurz, Public Works Director Catrina DeLosh, PW Admin. Coordinator Laura McAloon, City Administrator Patrick Brown, Asst. City Admin/CFO Stacy Nonhof, Purchasing Agent Tim Golka, Civil Engineer II P2471 Page 45 of 261 R E S O L U T I O N 2023-285 WHEREAS, the City of Grand Island invited sealed bids for Glover Downtown Parking Lot Improvements; Project No. 2022-PL-1, according to plans and specifications on file with the City Engineer/Public Works Director; and WHEREAS, on October 26, 2023 bids were received, opened, and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $213,724.10; and WHEREAS, The Diamond Engineering Company’s bid was below the engineer’s estimate for the project: and WHEREAS, funds are available in the Fiscal Year 2023/2024 budget for this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company of Grand Island, Nebraska in the amount of $213,724.10 for Glover Downtown Parking Lot Improvements; Project No. 2022-PL-1 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 7, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 46 of 261 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: November 7, 2023 Item #: 9.f. Subject: #2023-286 - Approving Final Acceptance of the Five Points Intersection Improvements Staff Contact: Keith Kurz BACKGROUND: On October 11, 2022, via Resolution No. 2022-285, Grand Island City Council concurred with the bid award for $2,929,887.08 to The Diamond Engineering Company of Grand Island, Nebraska for the construction of Five Points Intersection Improvements. The roadway opened to traffic on September 29, 2023. DISCUSSION: Per the City (LPA) Program Agreement, it is required that the City review and formally approve the State’s recommendation that the project is ready for final acceptance. Upon review of the State’s recommendation City staff agrees that the project has been constructed according to the plans and specifications and that the construction is ready for final acceptance. City staff also agrees that the traffic control and permanent signs on the project are appropriate, and have been property placed and are acceptable to the City. With this final acceptance, the City will assume maintenance of the project and agrees to meet all environmental and other commitments related to the project. Total project costs are currently estimated at $4,097,931.59, with the City’s share being $1,457,931.59. FISCAL IMPACT: Funds were expended in the approved FY23 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. Page 47 of 261 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve the final acceptance of the Five Points Intersection Improvements. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution Page 48 of 261 NDOT Form 500, August 17 RESOLUTION FINAL ACCEPTANCE OF PROJECT CONSTRUCTION City of Grand Island Resolution No. _2023-286____________ Whereas: City of Grand Island (City) and State entered into an LPA Program Agreement for State to assist City in the development and construction of an LPA Federal-aid transportation project; Whereas: The project construction has been tentatively accepted and the State, on LPA’s behalf, has recommended that the project is ready for final acceptance; Whereas: The LPA Program Agreement requires the city to review and formally approve State’s recommendation that the project is ready for final acceptance; Whereas: City has reviewed the State’s recommendation and agrees that the project has been constructed according to the plans, specifications and any change order(s) and that the construction is ready for final acceptance; Whereas: City believes that the traffic control and permanent signs on the project are appropriate, have been properly placed and are acceptable to the City. Be It Resolved by the City Council of the City of Grand Island that: The Mayor, Roger Steele, is hereby authorized to sign the bottom of this resolution and submit it to the State signifying the City’s final acceptance of the project construction. The permanent signing and traffic control on the project are appropriate, have been properly placed and are acceptable to City. The City hereby accepts maintenance of the project and agrees to meet all environmental and other commitments related to the project. NDOR Project Number: HSIP-5409(3) NDOR Control Number: 42863 000 NDOR Project Description: Five Points Intersection, Grand Island, Hall County Adopted this __7th_____ day of _November_2023_________Grand Island___, at , Nebraska. (Month) (Year) The City Council of the City of Grand Island, Nebraska ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Board/Council Member __________________________________ Moved the adoption of said resolution Member ___________________________ Seconded the Motion Roll Call: ______Yes ______No ______ Abstained _____ Absent Resolution adopted, signed and billed as adopted CITY OF GRAND ISLAND ROGER STEELE ______________________________________________ Mayor Attest: ______________________________________________ City Clerk Signature Page 49 of 261 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: November 7, 2023 Item #: 9.g. Subject: #2023-287 - Approving Purchase of a new 10 CY Dump Truck for the Streets Division of the Public Works Department Staff Contact: Keith Kurz, Shannon Callahan BACKGROUND: The Streets Division of the Public Works Department has budgeted funds for a new 10 CY Dump Truck for the 2023/2024 fiscal year. Once received, the new dump truck will be replacing an existing unit in the fleet. Due to lack of new equipment availability and limited production currently, lead time for a new truck is unknown but the vendor has indicated it should be scheduled to build at the factory within the first three (3) quarters of 2024. With that said, even after the truck is built at the factory it will still need up fitted with dump box and other components therefore it is likely the new unit will not be delivered until FY 2025. An existing truck will be offered for trade-in or sold as part of this transaction. The truck offered for trade-in or sale will continue to be utilized by the Streets Division until the new truck arrives. This continued use will add additional wear and increase the hour meter and therefore may affect the value. Also, due to the volatility of the used equipment market the value of the trade-in equipment could vary a good deal with this long lead time. Therefore the trade-in or sale value will be determined once the estimated delivery date is known. The existing unit planned for replacement is Unit 224 a 2008 Sterling LT7500 with dump body which currently has 5,102 hours and a repair cost to purchase ratio of 1.00. This unit is primarily used for concrete pavement removal, plowing snow, hauling ditch spoil & street sweepings. Page 50 of 261 Unit 224 DISCUSSION: The City of Grand Island City Council approved the use of the National Joint Powers Alliance Buying Group (NJPA), now known as Sourcewell, with Resolution 2014-326. To meet competitive bidding requirements, the Streets Division obtained pricing from the Sourcewell Contract No. 060920-NVS awarded to Navistar, Inc.; with Hansen International Truck Inc of Grand Island, NE assigned as our authorized dealer. Per the Sourcewell Contract No. 060920-NVS the price for a new 10 CY dump truck (2025 International HV607 SBA with dump body) that meets the City’s requirements, will be $163,788.26. FISCAL IMPACT: Funds are available in the approved FY24 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. Page 51 of 261 RECOMMENDATION: City Administration recommends that the Council approve the purchase of a 2025 International HV607 SBA with dump body from Hansen International of Grand Island, NE for a net purchase price of $163,788.26. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution Page 52 of 261 R E S O L U T I O N 2023-287 WHEREAS, Sourcewell, formerly known as the National Joint Powers Alliance, cooperative purchasing group was utilized to a secure competitive bid for one (1) 10 CY Dump Truck by the Streets Division of the Public Works Department; and WHEREAS, Sourcewell Contract No. 060920-NVS was awarded to Navistar, Inc. and authorized Hansen International of Grand Island, NE to offer said contract pricing to the City of Grand Island, Nebraska; and WHEREAS, the Public Works Department has recommended the purchase of a 2025 International HV607 SBA with dump body from Hansen International of Grand Island, NE for a net purchase price of $163,788.26. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a purchase order and subsequent payment for a 2025 International HV607 SBA with dump body from Hansen International of Grand Island, NE is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 7, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 53 of 261 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: November 7, 2023 Item #: 9.h. Subject: #2023-288 - Approving Inter-local Agreement with Central District Health Department Staff Contact: Keith Kurz, Matt Walker BACKGROUND: The Central District Health Department has utilized the Wastewater Treatment Plant sampling for the purpose of tacking the SARS-CoV-2 virus. To date there has been no reimbursement to the City for such efforts. Council approval is required before entering into an agreement. Pursuing an inter-local agreement between governmental entities is an efficient means of collaborating efforts to better our community. DISCUSSION: At this time both the City and the Central District Health Department wish to enter into an Interlocal Agreement to allow continued sampling of wastewater in order to track the activity of the SARS-CoV-2 virus in the community. Such agreement will allow for compensation to the City. FISCAL IMPACT: There is no fiscal impact to the City. 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 inter-local agreement with the Central District Health Department and pass a Resolution authorizing the Mayor to sign the agreement. Page 54 of 261 SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Interlocal Agreement 2. Resolution Page 55 of 261 Page 56 of 261 Page 57 of 261 Page 58 of 261 Page 59 of 261 R E S O L U T I O N 2023-288 WHEREAS, the Central District Health Department has utilized the Wastewater Treatment Plant sampling efforts for the purpose of tracking the SARS-CoV-2 virus; and WHEREAS, to date there has been no reimbursement to the City for such efforts; and WHEREAS, both the City and Central District Health Department wish to enter into an Interlocal Agreement to allow continued sampling of wastewater; and WHEREAS, such agreement will allow for compensation to the City; and WHEREAS, the City of Grand Island has prepared an Interlocal Agreement, which has been reviewed by the City’s Legal Department and the Central District Health Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Agreement by and between the City of Grand Island and the Central District Health Department for the purpose of tracking the SARS-CoV-2 virus is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to sign the Interlocal Agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 7, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 60 of 261 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: November 7, 2023 Item #: 9.i. Subject: #2023-289 - Approving Change Order No. 1 for North Road- Westgate Road to Old Potash Highway Roadway Improvements; Project No. 2019-P-12 Staff Contact: Keith Kurz, Tim Golka BACKGROUND: The Diamond Engineering Company of Grand Island, Nebraska was awarded a $1,357,957.70 contract on October 11, 2022, via Resolution No. 2022-281 for the North Road- Westgate Road to Old Potash Highway Roadway Improvements; Project No. 2019-P-12. DISCUSSION: Change Order No. 1 for North Road- Westgate Road to Old Potash Highway Roadway Improvements; Project No. 2019-P-12 is being requested to rectify quantities of materials/work incorporated into the project. A time extension is also being requested to allow for restoration work of the project area, from September 15, 2023 to June 1, 2024. The cost associated with Change Order No. 1 is a total of $32,142.75, resulting in a revised contract amount of $1,390,100.45. FISCAL IMPACT: Funds are available in the approved FY24 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. Page 61 of 261 RECOMMENDATION: City Administration recommends that the Council approve Change Order No. 1 for the North Road- Westgate Road to Old Potash Highway Roadway Improvements; Project No. 2019-P-12 with The Diamond Engineering Company of Grand Island, Nebraska. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Change Order No. 1 2. Resolution Page 62 of 261 CHANGE ORDER NO. 1 PROJECT: North Road- Westgate Road to Old Potash Highway Roadway Improvements; Project No. 2019-P-12 CONTRACTOR:The Diamond Engineering Company AMOUNT OF CONTRACT: $1,357,957.70 CONTRACT DATE: October 12, 2022 Rectify quantities of materials/work incorporated into the project. Contract Price Prior to this Change Order………………………………… $1,357,957.70 Net Increase Resulting from this Change Order…………………………… $ 32,142.75 Revised Contract Price Including this Change Order……………………… $1,390,100.45 Item No.Description Quantity Unit Unit Price Total Price 3 Sign Days (Traffic Control)4,391.00 EA 1.20$ 5,269.20$ 4 Barricade Days (Traffic Control)982.00 BDAY 2.20$ 2,160.40$ 5 SWPPP (1.00)LS 215.00$ (215.00)$ 8 Over-Excavation 244.50 CY 17.90$ 4,376.55$ 9 Temporary Crushed Rock Surfacing 84.00 TN 54.00$ 4,536.00$ 10 Temporary Pavement 101.00 SY 45.10$ 4,555.10$ 11 Remove Existing Pavement 532.00 SY 4.15$ 2,207.80$ 15 Build 9" Doweled Concrete Pavement 97.00 SY 69.10$ 6,702.70$ 16 Build 6" Concrete Driveway 47.00 SY 55.45$ 2,606.15$ 17 Build 5" Concrete Sidewalk 181.00 SF 4.60$ 832.60$ 18 Detectable Warning Panel 8.00 SF 25.00$ 200.00$ 21 Seeding (0.41)AC 6,775.00$ (2,777.75)$ 22 Sodding 1,844.00 SY 5.40$ 9,957.60$ 23 Erosion Control Mat, Class 1D 0.50 SY 3.00$ 1.50$ 24 Sprinkler Repair (0.34)LS 30,000.00$(10,290.00)$ 26 Remove Storm Sewer Pipe 94.00 LF 7.55$ 709.70$ 30 Build 18" Storm Sewer Pipe (13.00)LF 65.00$ (845.00)$ 36 Adjust Manhole to Grade (1.00)EA 1,250.00$ (1,250.00)$ 39 Tap Existing Manhole 1.37 EA 615.00$ 842.55$ 41 4" Yellow Permanent Pavement Marking, Paint and Beads, Grooved 41.00 LF 1.65$ 67.65$ 43 Telespar Sign Post 5.00 EA 400.00$ 2,000.00$ 44 Traffic Sign 3.00 EA 165.00$ 495.00$ 32,142.75$ CHANGE ORDER NO. 1 T0TAL= Page 63 of 261 2 | P a g e C i t y o f G r a n d I s l a n d | C h a n g e O r d e r N o . 1 N o r t h R o a d - W e s t g a t e R o a d t o O l d P o t a s h H i g h w a y R o a d w a y I m p r o v e m e n t s ; P r o j e c t N o . 2 0 1 9 - P - 1 2 Notice to Proceed Date ……………………………………………………… October 12, 2022 Original Completion Date …………………………………………………… September 15, 2023 Revised Completion Date ………………………………………………….. June 1, 2024 The Above Change Order Accepted: The Diamond Engineering Company By____________________________________Date_______________________ Approval Recommended: By______________________________________________ Date________________ Keith Kurz PE, Public Works Director/City Engineer Approved for the City of Grand Island, Nebraska By____________________________________Date________________________ Mayor Attest_________________________________ City Clerk Page 64 of 261 R E S O L U T I O N 2023-289 WHEREAS, on October 11, 2022, via Resolution No.2022-281, the City of Grand Island awarded The Diamond Engineering Company of Grand Island, Nebraska the bid in the amount of $1,357,957.70 for North Road - Westgate Road to Old Potash Highway Roadway Improvements; Project No. 2019-P-12; and WHEREAS, it has been determined that modifications are necessary to complete such project; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the cost associated with such change order is $32,142.75, resulting in a revised contract amount of $1,390,100.45; and WHEREAS, the project completion date is being extended from September 15, 2023 to June 1, 2024. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1, at a cost of $32,142.75, between the City of Grand Island and The Diamond Engineering Company of Grand Island, Nebraska to provide the modifications. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 7, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 65 of 261 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: November 7, 2023 Item #: 9.j. Subject: #2023-290 - Approving Purchase of two (2) new Pickup Trucks for the Parks Division of the Parks & Recreation Department Staff Contact: Todd McCoy BACKGROUND: The Parks Division budgeted this year to replace 1998 ¾ ton and 2006 ½ ton pickups with two (2) new trucks.The replacement pickups are necessary as the current units are becoming less dependable.The new pickups will provide additional years of service to the Parks Division operation and provide additional hauling capacity. DISCUSSION: The specifications for pickups under State of Nebraska bid meet the requirements for the Parks Division. Husker Auto Group of Lincoln, Nebraska submitted a bid with no exceptions for one (1) new 2024 GMC Sierra 1500 2WD Regular Cab and one (1) new 2024 GMC Sierra 2500HD 4WD Crew Cab pickups. State of NE Invitation to Bid (ITB) 6818 OF 2024 GMC Sierra 1500 2WD Regular Cab $39,577.00 2024 GMC Sierra 2500HD 4WD Crew Cab $57,677.00 FISCAL IMPACT: The total purchase price is $97,254.00. The purchase will be funded from capital account 41044401-85625. 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. Page 66 of 261 RECOMMENDATION: City Administration recommends that the Council approve the purchase of one (1) new 2024 GMC Sierra 1500 2WD Regular Cab and one (1) new 2024 GMC Sierra 2500HD 4WD Crew Cab pickups from Husker Auto Group of Lincoln, Nebraska. The total purchase price is $97,254.00. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. GM Award Memo 2. Resolution Page 67 of 261 Page 68 of 261 Page 69 of 261 R E S O L U T I O N 2023-290 WHEREAS, the Parks Division of the Parks & Recreation Department for the City of Grand Island, budgeted for two (2) new Pickup Trucks in the 2023/2024 fiscal year; and WHEREAS, said Pickup Trucks, one (1) new 2024 GMC Sierra 1500 2WD Regular Cab and one (1) new 2024 GMC Sierra 2500HD 4WD Crew Cab pickups can be obtained through the State of Nebraska Contract holder Husker Auto Group of Lincoln, Nebraska; and WHEREAS, purchasing the pickup trucks through the State of Nebraska Invitation to Bid (ITB) 6818 OF meets all statutory bidding requirements; and WHEREAS, the funding for such pickup trucks is provided in the 2023-2024 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of one (1) new 2024 GMC Sierra 1500 2WD Regular Cab and one (1) new 2024 GMC Sierra 2500HD 4WD Crew Cab pickups in the total amount of $97,254.00 through the State of Nebraska Contract holder Husker Auto Group of Lincoln, Nebraska is hereby approved. BE IT FURTHER RESOLVED, THAT THE Mayor and designee are, and shall be, authorized to execute all contracts and agreements necessary to effect the purpose of this Resolution. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 7, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 70 of 261 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: November 7, 2023 Item #: 9.k. Subject: #2023-291 - Approving Bid Award for a new ABI Force Infield Groomer for the Parks Division of the Parks & Recreation Department Staff Contact: Todd McCoy BACKGROUND: On October 10, 2023 the Parks and Recreation Department advertised for bids to purchase an ABI Force z23slt (Laser Ready) with Tweel Infield Groomer. The new ABI machine will improve the playing experience for players, reduce the amount of rainouts, and increase staff maintenance infield efficiency. DISCUSSION: One bid was received from Turfwerks of Omaha, Nebraska. The bid provides for one (1) ABI machine. FISCAL IMPACT: The total price of the bid is $58,850.00. Funds are budgeted this year for this purchase in capital account 41044401-85615. 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 City Council approve the purchase of one (1) new ABI machine from Turfwerks of Omaha, Nebraska. The total purchase price for equipment is $58,850.00. SAMPLE MOTION: Move to approve as recommended. Page 71 of 261 ATTACHMENTS: 1. Bid Summary 2. Brochure 3. Resolution Page 72 of 261 Page 73 of 261 POWERFUL AGILITY, PRECISE VERSATILITY ENGINEERED WITH TM ABI FORCE ZERO TURN WORK MACHINEPage 74 of 261 AGILITY + ACCURACY: GROUND WORK REIMAGINED The stand-on zero-turn machine with patented Responsive Variable Force (RVF) technology and a full family of custom, innovative attachments that empowers operators to get the job done. EXPERIENCE A NEW ERA OF WORK TM ENGINEERED WITH Page 75 of 261 Page 76 of 261 PURPOSE-BUILT FOR BALLFIELDS The ABI Force empowers operators with the control necessary to groom, prepare, and renovate; creating the safest and most playable surfaces possible. With available mid- and rear-mounted attachments engineered specifically for ballfields, the Force is quite simply the best infield maintenance and renovation machine on the market. RENOVATE, MAINTAIN, AND GROOM INFIELDS GAME DAY PREP - Reduce weather-related delays and postponements by getting your field playable, faster. FINE TUNE - Patented lift and swivel rear-mount system replicates the finesse of a hand-raked finish. FIX IT - Leverage a mid-season away series to re-laser grade the infield… no heavy equipment required. - Reduce weather-related delays and postponements by getting your rear-mount system replicates the finesse - Leverage a mid-season away series FORCE ADVANTAGES 44 Page 77 of 261 “ ” SCAN THE QR CODE TO WATCH A VIDEO ON USING THE FORCE FOR INFIELD MAINTENANCE OR VISIT ABIATTACHMENTS.COM/INFIELDMAINTENANCE Actual products may diff er slightly from images and may be shown with optional equipment. Available attachments & equipments shown throughout. I tell people if they’re maintaining their ballfields with anything else other than an ABI Force, you’re wasting your time. I can laser grade four ballfields in a day. Regular infield maintenance with the Force is at a whole new level. -Rodney Jordan Rock Haven Turf Specialties 55RENOVATE, MAINTAIN, AND GROOM INFIELDSPage 78 of 261 PRECISE LASER FINISH GRADING The ABI Force is the world’s first and only stand-on zero-turn laser grading machine, with accuracy plus-or-minus an eighth of an inch! (0.125 inch, 3.175mm) This patented, fully automatic laser grading system delivers unprecedented aff ordability and finish-grade accuracy to the sports turf and flatwork industries. ZERO-TURN LASER GRADING ACCURACY — When every dollar matters, the tolerances provided by our RVF technology delivers real savings OWNERSHIP — This compact-platform system empowers contractors to expand service off erings and get more done VISIBILITY — The stand-on zero-turn design allows operators to clearly see the work in progress and respond more quickly to the work site soil conditions. FORCE ADVANTAGES 6 Page 79 of 261 SCAN THE QR CODE TO WATCH THE FULL INTERVIEW WITH NOLAN THOMAS OR VISIT ABIATTACHMENTS.COM/THOMASINTERVIEW “ ” It is as advertised. It will laser grade within 1/8”. We can place an oper- ator with less experience on it and know that the grade is correct which allows the crew foreman to perform other tasks. It’s a well built machine with fewer breakdowns and has been great for our business. -Nolan Thomas Nolan Thomas & Company, Inc. 7ZERO-TURN LASER GRADINGPage 80 of 261 FORCE ADVANTAGES SINGLE-PURPOSE PRECISION MEETS MULTI-TASK MASTER TURF INSTALLATION POWERHOUSE The ABI Force properly finish grades the soil for seed application or sod installation. It also evenly broadcasts and presses grass seed into the ground for optimal seed-to-soil contact. With available front, mid, and rear-mount attachments, the ABI Force helps eff iciently create beautiful lawns and signature playing fields. SOIL PREP & SEEDING MORE JOBS — With precision and agility at every step of the process, operators can take on and complete more contracts per season. MORE OPTIONS — The proprietary RVF system leverages an arsenal of quick-swap attachments suitable for a wide variety of applications. FEWER HOURS — Facing high demand with a smaller crew? No problem. The Force’s compact and versatile design delivers results with fewer hours on the job. 8 Page 81 of 261 SCAN THE QR CODE TO WATCH A VIDEO ON USING THE FORCE FOR LAWN RENOVATION AND MAINTENANCE OR VISIT ABIATTACHMENTS.COM/INSTALLLAWNS “ ” The ABI Force has been a game changer for our landscape company. We do many large construction housing developments and new landscaping projects. The Force cut the time needed to finish grade top- soil for seed preparation almost in half. We look forward to seeing how we can implement this machine into other areas of our business. -Taylor Raisanen Raisanen Landscaping 9SOIL PREP & SEEDINGPage 82 of 261 FORCE ADVANTAGES EXPAND YOUR TURF CARE VERSATILITY TURFGRASS MAINTENANCE SIZE MATTERS — With the widest aerators on the market, the Force covers more ground in less time. START TO FINISH — The wide assortment of available attachments for the Force empowers you to tackle the job—from rough grade through to installation, and on to regular maintenance— with one machine. The ABI Force packs a powerful and productive punch in turfgrass care, with the ability to core or slit aerate over 115,000 square feet per hour! It can also spread granular material for fertilizing and overseeding! With available mid- and front-mount attachments, the Force is a top performer from sports fields to residential and commercial properties. 10 Page 83 of 261 SCAN THE QR CODE TO WATCH THE FULL INTERVIEW WITH PETE DENNY OR VISIT ABIATTACHMENTS.COM/DENNYINTERVIEW I can get the grade right for drain- age. High spots will dry out really fast and low spots will hold water and get root rot. The Force de-compacts the ground, loosens it up, and moves dirt all at the same time. It’s amazing. -Pete Denny GCI Turf Services “I can get the grade right for drain-I can ”s amazing. 11TURFGRASS MAINTENANCEPage 84 of 261 SINGLE-PURPOSE PRECISION MEETS MULTI-TASK MASTER Prepare very accurate sub-grades for concrete flatwork anywhere with a 6’ doorway. Work inside tight areas with zero-turn maneuverability setting sand base layers. Makes quick work of clay tennis courts as well. Allow perfect drainage to the outfield with the machine automatically following conical or dual plane grades. Fix high or low areas the human eye has trouble sensing to make the field playable faster aft er a rain event. Aft er grad- ing, the same machine can then finish the field to game ready condition. Get perfect water runoff with a machine the size of a mower! New construction or renovations can happen quickly with laser precision down to 1/8”. Reduces man- power and equipment needs. Nothing grooms tighter or faster with better visibility and control. Remove cleat marks, spread conditioner, and clean edges quickly. Attachments are available for any nat- ural infield material and finish desired. Even nail drag 1/4” deep with laser precision with our patented Vibraflex drag. The RVF system enables the scarifiers to easily rip out potholes and compacted gravel on driveways and park- ing lots. Paired with Mini-Box attachments, the machine can fill lows and cut down highs to fix drainage issues on paths, trails, and stone walkways as well. The ABI Force is ideal for decompacting, grading, and dragging round pens and circular horse walkers up to a depth of three inches. Precise depth control keeps footing consistent while enabling quick work around jumps and other obstacles. INFIELD GROOMING HORSE ARENA GRADING FLATWORK LASER GRADING TEE BOX LASER GRADING GRAVEL MAINTENANCE INFIELD LASER GRADING 12 Page 85 of 261 Allow water, oxygen, and nutrients to reach the roots by relieving compacted soil with either our plug or slit aerators. When paired with our XD drag you can break up the cores while you aerate. Select the slit aerator and you can aerate the same day you overseed or even on game day. Easily loosen, level, and seed tight areas and hard to access job sites. Carry in and spread material with the scoop attachment and fill holes fast. Prepare perfect seed beds quickly. Loosen, broad- cast, and cultipack to the perfect firmness in tight spaces and along edges or contours. The 120 lb capacity hopper allows accurate application of a variety of nutrients quickly. The visiblity, maneuverability, and control of the Force allow the job to get done faster than other methods. Using a combination of options the Force can quickly overseed existing turf. Aerate and broad- cast seed fast in tight areas with one truck, one machine, and one operator. LAWN SEED & SOD PREP FERTILIZING SEEDING OVERSEEDINGPLUG OR SLIT AERATING Easily and quickly edge infields, cart paths, side- walks and even landscape beds with total control. Create straight cuts or free-form organic shapes to outline new beds quickly and cleanly in existing sod. EDGING “” In using the ABI Force we’ve been able to streamline our training process for employees, which makes us more efficient. The Force takes the place of at least 3 pieces of equipment, which saves us money. Because it’s returned its investment so quickly and because it’s so versatile…we just need more of them! -Ryan DeMay City of Columbus Parks & Recreation 13MULTI-TASK MASTERPage 86 of 261 SCAN THE QR CODE TO WATCH A VIDEO ON THE LASER SYSTEM OR VISIT ABIATTACHMENTS.COM/LASERSYSTEM14 Page 87 of 261 FINISH GRADING REIMAGINED The ABI Force is the world’s first and only stand-on zero-turn laser grading machine. This fully automated laser system delivers unprecedented affordability and finish-grading accu- racy to the sports turf and flatwork industries. The ABI Force has a dramatically smaller and lighter footprint than other laser grading machines, enabling laser finish-grading in tight areas and on materials where over compaction of the soil is unacceptable. LASER GRADING SYSTEM FEATURES & OPTIONS The hydraulic system on the ABI Force can be built with a manual-operation exclu- sive or manual/laser-ready configuration. The manual-operation exclusive build is not upgradeable after initial factory-build. The laser-ready build configuration can be operated manually without the use of the separately purchased laser electronics should an operator not have them available. The available machine-side laser electr- onics package transforms the ABI Force into an automated laser grading machine. This system is perfectly matched and pre- programmed for plug-and-play operation. ABI Attachments offers a range of transmitt- ers, tripods, grade rods, and other laser system accessories to suit the require- ments for your job. The ABI Force is also able to be paired with almost any flat, single, or dual-slope laser transmitter you may already own. INTERNAL HYDRAULIC CONTROL SYSTEM MACHINE-SIDE LASER ELECTRONICS TRANSMITTER, TRIPOD & ACCESSORIES LASER GRADING SYSTEM15Page 88 of 261 RESPONSIVE VARIABLE FORCE TECHNOLOGY TM RESPONSIVE VARIABLE FORCE TECHNOLOGY DYNAMIC COMMAND IN HAND DYNAMIC COMMANDDYNAMIC COMMANDDYNAMIC COMMANDDYNAMIC COMMANDDYNAMIC COMMANDDYNAMIC COMMANDDYNAMIC COMMANDDYNAMIC COMMANDDYNAMIC COMMANDDYNAMIC COMMAND • Powerful Hydraulic Cylinder • Adjustable Lift ing Bar • Articulating Tool Carrier REAR LIFT SYSTEM • Variable Down Pressure to Ground-Engaging Components • Control Attachment Grading Position and Working Depth • Automated Grading with Available Laser Technology LIFT, GRADE, & DEPTH CONTROL • Fine Tune Angle of Ground Engagement • Adjust Ground Engagement Relationship Between Two Mid-Mounted Attachments PITCH CONTROL SCAN THE QR CODE TO WATCH A VIDEO ON THE RVF SYSTEM OR VISIT ABIATTACHMENTS.COM/RVFSYSTEM The ABI Force is an immersive experience where the machine becomes an extension of the human body. The stand-on zero-turn platform, combined with fingertip control over hydraulically operated attachments, delivers freedom of movement, eye-opening visibility, and dynamic command over the work performed. The Force is a new category of work machine, off ering a new level of versatility, agility, and precision. The heart of the ABI Force’s innovation is its patented Responsive Variable Force Technology. ABI’s RVF Technology enables small foot- print zero-turn machines to do the work of much larger and heavier machines, with a fraction of the otherwise required tractive effort. Located at the underbelly of the ABI Force, the RVF Technology hydraulically controls mid-mounted ground-engaging attachments with lift, variable down pressure, and pitch adjustments. 16 Page 89 of 261 INDUSTRY LEADING TECHNOLOGIES 100% COMMERCIAL GRADE ELECTRONIC FUEL INJECTED (EFI) ENGINE BELTLESS HYDROSTATIC DRIVE SYSTEM 2–STAGE AIR FILTER FEATURES & PERFORMANCE The ABI Force was specifically engineered to include technologies that reduce the need for frequent repair and avoid common sources of breakdowns. The commercial grade systems, backed by a heft y warranty, mean the Force is designed to work hard all day, every day. The ABI Force comes equipped with a 23HP electronic fuel injection engine standard. An EFI system utilizes advanced computer controls teamed with a high-pressure fuel deliv- ery system to provide peak power and fuel eff iciency. The Force now starts like a car with no carburetor issues, has increased fuel eff iciency, and starts easily in the cold! Every ABI Force Z-23s comes standard with a Heavy Duty 2-Stage Cyclonic Canister Air Filtration System. No longer located near the engine, the Canister Air Filter has been relocated for ease of access. A 2-stage filtration system makes sure that your engine pulls clean air, acting as your engine’s shield in dusty conditions. Keep the filter clean to see improved engine performance, fuel eff iciency, and extended engine life. Typically, machinery of this size runs off a Hydraulic Drive System geared to a belt and pulley drive shaft . The lifetime of a belt can be unpredictable as belts frequently break. Each ABI Force is plumbed standard with Dual Stacked HydroGear Variable Displacement Pumps and Fixed Displacement Wheel Motors, avoiding the need for belts entirely. The benefits are significant compared to typical belt-driven systems. 17INDUSTRY LEADING TECHNOLOGIESPage 90 of 261 QUICK-SWAP ATTACHMENTS A FULL FAMILY OF TOOL-FREE INTERCHANGEABLE ATTACHMENTS TO GET MORE WORK DONE MID-MOUNT ATTACHMENTS Attachments Sold Separately With a higher number of pins, the Vibraflex Infield Drag 5800 prepares competition and professional level baseball and soft ball infields with four rows of evenly staggered U-pins that shatter surface tension to prepare any engineered soil and surface conditioner. Can be pitched vertically to back blade material from high areas and fill into low areas, it can pull off loose vegetation and debris into piles, and it creates an ideal finish on gravel parking lots and for other heavy dirt work. Included on the base configuration. The Tooth Bar is designed to fracture and loosen mate- rial to keep the optional Mini-Box loaded with material to improve eff iciency when grading. Configure the Tooth Bar to 3” or 6” spacing for your job site. The Mini-Box Blade attachment gives the ABI Force extra earth-moving muscle and unmatched versatility. The Mini-Box Blade easily mounts to the ABI Force’s unique mid-mount attachment system with drive-over capability. The Vibraflex Infield Drag 3800 is an innovative attach- ment that prepares recreational level baseball and soft ball infields with four rows of evenly staggered U-pins for any infield material. Unlike conventional nail boards, VibraFlex pins are easy to replace, and our RVF technology positively controls ground-engagement depth regardless of material moisture or compaction. Don’t allow small rocks to ruin the lawn you’re installing or renovating. The mid-mount Rock Sift er leverages a unique design of fixed blades and replaceable harrow teeth to capture and remove 1” and larger stones from loosened material. MINI-B0X BLADE 60” Wide, 80 lbs ROCK SIFTER 60” Wide, 22 Fixed Blades, 23 Harrow Teeth VIBRAFLEX 5800 60” Wide | ½” Spacing | ⅛” OR ¼” Pins TOOTH BAR 62” Wide, 12 Tines VIBRAFLEX 3800 60” Wide | ¾” Spacing | ¼” OR ⅜” Pins MULTI-FUNCTION RAKE 60” Wide, ½” Thick Steel, Laser Cut 18 Page 91 of 261 PAGE DESCRIPTION HEREINDUSTRY LEADING MID-MOUNT AERATORS ENGINEERED WITHENGINEERED WITH TM ZERO-TURN PLATFORM, HEAVY DUTY RESULTS, ZERO COMPROMISES Hydraulically controlled by our patented RVF system, our mid-mount attachments are able to do the work of much larger and heavier equipment while avoiding the damage and compaction they can cause to surrounding areas. Used to de-compact the surface without up- ending the surface profile. For light renovation work, the patented Profile Blade attachment yields unparalleled de-compaction results by slicing the complete profile of the infield material from 1/2” up to 3 inches under the infield surface. PROFILE BLADE 60” Wide, 2 Sections The scarifier ripping teeth make easy work of extreme hardpan and vegetation. The rippers enable the ABI Force to be used to renovate infields, maintain gravel roads or parking lots, and even complete seedbed preparation jobs. SCARIFIERS 47” Wide, 7 Shanks The underbelly roller has a 58” working width & an 8” roller diameter. This roller compacts turf and soil surfaces, with an approximate 1/2 ton of variable pressure, when weights are applied to the machine. Kit includes three 50 lb. weights with handles and a carrying tray. The roller easily lift s for transport. ROLLER W/ WEIGHTS 58” Wide, approx. 1/2 ton pressure Stealth Blades offer the perfect subsurface compaction relief. The middle ground between the Profile Blades and Scarifiers, Stealth Blades off er less resistance to cut through thicker-rooted vegetation, with ease. Great for de-weeding an infield skin, or vegetation removal off the skin. STEALTH BLADE 49” Wide, 7 Shanks The available 48” plug aerator, mounted to the mid-mount hydraulic lift system, enables 115,000 sq. ft . per hour aerating output. With hydraulic downward-pressure and 400 lbs. of weights, this machine outperforms many dedicated aerators while achieving core depths up to 3 - 1/2”. A less intrusive version of the core aerator, the Slit Aerator cuts slits in the surface, up to 2” deep, to assist in overseeding, compaction relief or on the skin to assist in opening the infield sur- face post-rain. 350 lbs of suitcase weights insure the spikes break up some of the hardest surfaces. SLIT AERATOR W/ WEIGHTS 48” Wide, 600lbs, 308 Spikes PLUG AERATOR W/ WEIGHTS 48” Wide, 545 lbs, 72 Tines MID–MOUNT ATTACHMENTS19Page 92 of 261 QUICK-SWAP ATTACHMENTS REAR-MOUNT ATTACHMENTS A REVOLUTIONARY REAR LIFT & SWIVEL SYSTEM ACHIEVES HAND-FINISH QUALITY RESULTS IN A FRACTION OF THE TIME Attachments Sold Separately. BOSS ®is a registered trademark of The TORO Company. All rights reserved. The all new VibraFlex 3500-R is a game-changer. Stationed behind the ABI Force, two staggered rows of 1/4” or 1/8” VibraFlex pins that are designed to remove tire compres- sion and air out the field. Simply lower the rear hydraulic lift to engage the VibraFlex 3500-R for nail-dragging and Laser Grading applications. This premiere infield finisher was developed in partner- ship with professional teams for their daily use. A coated steel lattice evenly floats over the infield surface material to level and redistribute conditioner. Flared edges seam- lessly feathers edges, leaving no trails even on sharp turns. The Pro Finisher is designed for use on well maintained and already level infields. The Fine Finish Broom creates the perfect finish in both high and low moisture conditions on well-maintained surfaces. This broom is 7’ wide and offers 3 rows of bristles. The mounting arms are adjustable to set the exact working angle desired and the broom has an ideal weight for the perfect amount of down pressure needed for beautiful performance. Extreme Duty Drag Mats are ideal to prepare an infield ready for play with heavy gauge yet flexible rust resistant galvanized steel mesh. Ideal for all ball diamonds, trail maintenance, breaking-up aeration cores, leveling turf fields and more! Extreme duty drag mats are the heaviest duty mats on the market and are designed for the most demanding situations. PRO FINISHER 84” Wide, 68 lbs XD FLEXIBILE MAT 72”Wide, 36” Long FINE FINISH BROOM 84” Wide, 3 Rows of Bristles VIBRAFLEX 3500–R 72” Wide | 1/2” Spacing | 1/8” or 1/4” Pins A perfect drag for surfaces with more moisture, the Coco Mat also has a built-in leveling bar to help fill in low spots while also leaving a clean finish. COCO MAT 72” Wide, 18” Long A rigid metal mat with built-in leveling bar is perfect for every-day use and a perfect finish. The tight metal mesh breaks up small clods and chunks of dirt that are typically missed by a broom and the swivel hitch tracks with the inside tire through turns to cover all tire tracks. RIGID DRAG MAT 72” Wide, 18” long 20 Page 93 of 261 FRONT AND SIDE-MOUNT ADDITIONAL ATTACHMENTS PULL FROM GOLF SHOOT Extend the functionality of the ABI Force and take an already versatile machine to a whole new level. No need for a wheelbarrow if you have an ABI Force with rear Scoop on your trailer. With its hydraulic lift system and electric actuated dump and retraction ability, the Scoop can carry up to 300 pounds of mulch or soil and place it right where you want it. REAR SCOOP 300 lb Capacity, 60” Wide Holds 120 lbs of material and has an adjustable spread pattern from 4 to 25 feet, adjustable flow, and side deflector. This commercial-grade and independently controlled electric spreader is ideal for precisely broadcasting nearly any type of seed, fertilizer and even some infield surface conditioners. SEED & FERTILIZER SPREADER 120lbs Capacity, 4–16’ Spread, 12V DC Clearly define infield edges, cart paths, and land- scaping beds with this patented edger system. The edger mounts to the hydraulic RVF mid-mount sys- tem for complete finger-tip control. The reversable 18” disk pushes or pull materials depending on the mounting orientation of the disk to create a clean turf edge. PRO EDGER SYSTEM 18’ Disc, Subsurface blade A good cultipacker is indispensable in achieving quick germination and growth with your broadcast seeding projects. Ensuring proper seed-to-soil contact, moisture absorption, and germination, the cultipacker is a critical part of the seeding process. Cultipack again aft er seeding to press the seed in and create moisture-holding pockets. PULL-BEHIND CULTIPACKER Available in 48” & 72” Widths Ideal for contractors looking to make quick work of sidewalks and tight corners in residential areas and around commercial buildings. This snow plow mounting system includes all the hydraulic and mechanical components needed to connect a BOSS® 4’ or 5’ wide ATV Poly snow plow blade to an ABI Force, model z23. SNOW PLOW MOUNT SYSTEM Hydraulic lift , pitch, & down pressure The rear-mount Cultipacker for the ABI Force gives you complete control over your seed-to-soil contact. The system utilizes the multi-function rear hydraulic cylinder to engage the spring system, applying the desired down pressure on the cast-iron cultipacker rollers. REAR CULTI-PACKER 58” Wide, 9.5” Diameter REAR–MOUNT ATTACHMENTS21Page 94 of 261 Laser Receiver Operator’s Controls Laser Transmitter Tweel® Hi-Traction Tires Articulating Hydraulic Rear Lift System Mid-Mount Attachment System Laser Control Panel TM ENGINEERED WITH Page 95 of 261 23Specifications and features are subject to change without notice. Tweel® is a registered trademark of Michelin North America In. Kohler® is a registered trademark of Kohler Co. All rights reserved. U.S. PATENTS HELD: 10,765,053 | 10,492,354 | 10,287,745 | 10,287,744 | 10,149,440 | 9,883,621 | 9,332,687 | 8,944,176 | 7,540,331 | 7,478,682 ENGINE Engine Type KOHLER® Command Pro 23 HP EFI V-Twin OHV (17.2KW) | 747CC | 4-cycle air cooled | Gasoline | Model ECH740 Fuel Type/Tank Capacity 6 Gallon / 22.7125 Liter capacity with fuel gauge | Unleaded gasoline Air Filter Heavy duty 2-stage cyclonic canister air filtration system DRIVE SYSTEM Transmission Hydrostatic zero-turn | HydroGear variable displacement pumps & fixed displacement wheel motors Forward/Reverse Speeds Forward 0-10 mph | Reverse 0-4 mph CHASSIS Frame construction Rugged structural tube steel construction Dimensions 93” L x 56” W x 57” H | 72”-84” With optional rear attachments Base Unit Weight 1,300 lbs. Mid-Mount System Independent hydraulic lift & pitch controls with adjustable & lockable spring-loaded down force with Responsible Variable Force (RVF) Technology Rear-Mount system Hydraulic lift control with articulation Tires & Wheels Front (Air): 13 x 6.50-6, Rear: 24 x 12.00-12 (Air or Optional Tweel® tires) Towing Capacity 2” Receiver - 2,000 lbs. towing capacity at slow speed on flat and open ground ONLY! Never tow anything on an incline! Electrical 20 AMP regulated alternator | 350 CCA AT 0 Degrees - Battery OPERATOR EXPERIENCE Steering Cushioned zero-turn steering levers Comfort Cushioned knee pad | Cushioned lumbar support bar | Spring cushioned standing platform | Cup holder Dashboard Dash indicator lights | USB power port Braking Dynamic braking via hydrostatic transmission | Integrated parking brake ENVIRONMENTAL Compliance EPA & CARB compliant WARRANTY* Limited Warranty 36 month machine and accessories/3-year unlimited hour commercial warranty. *Refer to manual. Page 96 of 261 The ABI Force has been transforming the world of work since 2012. Designed and distributed by ABI Attachments, an industry leader in innovative ground preparation technology, the ABI Force is trusted by major league ballparks, metropolitan municipalities, and local contractors across the continent. Our decades-long focus on pushing the limits of innovation and providing outdoor workers with a remarkable customer experience has inspired us to do business diff erently. Where available, the ABI Force can be purchased through local dealers who can provide unparalleled support for the life of the product. Where a local dealer is not available, our on-site Product Specialist Team provides you the information and support you need. No matter your location weʼre committed to empowering you with better ways to get your outdoor work done. Our signature tools are designed by American minds, rigorously tested, welded by American hands, finished with architectural-grade powder coat, and shipped directly to you, where we’re confident they’ll be working hard for years and years! EMPOWERING YOUR WORK AUTHORIZED DEALER TO LOCATE A DEALER, SCAN THE QR CODE OR VISIT WWW.ABIATTACHMENTS.COM/DEALERLOCATOR WWW.ABI-FORCE.COM Although every reasonable effort is made to ensure accuracy in this catalog, ABI Attachments, Inc., is not responsible for typographical or illustrative errors. Actual products may differ slightly and may be shown with optional equipment. Images may not reflect dealer’s inventory and/or unit specifications. Units may be shown with additional features. Ask dealer for details. © 2021 ABI ATTACHMENTS, INC, All rights reserved. | AF–21–10 Page 97 of 261 R E S O L U T I O N 2023-291 WHEREAS, the Parks Division of the Parks & Recreation Department for the City of Grand Island, budgeted this year for one (1) new ABI Force z23slt (Laser Ready) with Tweels Infield Groomer; and WHEREAS, on October 26, 2023, one (1) bid was received and reviewed; and WHEREAS, Turfwerks from Omaha, Nebraska submitted a bid in accordance with the terms of the advertisement of bids, plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $58,850.00; and WHEREAS, funding for such Infield Groomer is provided in the 2023-2024 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Turfwerks from Omaha, Nebraska in the total amount of $58,850.00 for the purchase of one (1) new ABI Force z23slt (Laser Ready) with Tweels Infield Groomer is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, THAT THE Mayor and designee are, and shall be, authorized to execute all contracts and agreements necessary to effect the purpose of this Resolution. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 7, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 98 of 261 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: November 7, 2023 Item #: 10.a. Subject: Public Hearing on Request from Diamond Reception Hall LLC dba Diamond Reception Hall, 423 West 3rd Street for a Class "C" Liquor License. #2023-292 - Approving Request from Diamond Reception Hall LLC dba Diamond Reception Hall, 423 West 3rd Street for a Class "C" Liquor License and Liquor Manager Designation for Ivan Alcantar, 1314 South Lincoln Avenue, 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: Diamond Reception Hall LLC dba Diamond Reception Hall, 423 West 3rd Street for a Class "C" Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. Page 99 of 261 City Council action is required and forwarded to the Nebraska Liquor Control 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 Ivan Alcantar, 1314 South Lincoln Avenue, Grand Island, Nebraska . Ivan Alcantar 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 Ivan Alcantar, 1314 South Lincoln Avenue, 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 100 of 261 11/01/23 Grand Island Police Department Officer Report for Incident L23101388 Nature: Liquor Lic Inv Address: 423 3RD ST W Location: PAOS 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 11/01/23 When Reported: 14:56:51 10/17/23 Occurred Between: 14:56:51 10/17/23 and 14:56:51 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: 14:56:51 10/17/23 Disposition: CLO Date: 11/01/23 Judicial Status:Occurred between: 14:56:51 10/17/23 Misc Entry:and: 14:56:51 10/17/23 Modus Operandi: Description : Method : Involvements Date Type Description 10/23/23 Name Alcantar, Francisco contacted Page 101 of 261 Officer Report for Incident L23101388 Page 2 of 6 11/01/23 10/17/23 Name Alcantar, Ivan Francisco owner/manager 10/17/23 Name Diamond Reception Hall, location Page 102 of 261 Officer Report for Incident L23101388 Page 3 of 6 11/01/23 Narrative Diamond Reception Hall Offense Narrative Grand Island Police Department Ivan Alcantar has formed a new LLC, Diamond Reception Hall LLC, with the intent to open a reception venue at 423 W 3rd. Alcantar is the sole owner of the LLC, and the proposed liquor manager. Alcantar has applied for a Class C license; beer, wine and distilled spirits on and off sale, for the business. _____________________________________________ Responsible LEO: _____________________________________________ Approved by: _____________________________________________ Date Page 103 of 261 Officer Report for Incident L23101388 Page 4 of 6 11/01/23 Supplement 309 Diamond Reception Hall Grand Island Police Department Supplemental Report Date, Time:10-20-23 Reporting Officer:Sgt Dvorak #309 Unit #:CID Ivan Alcantar is the owner of a new LLC; Diamond Reception Hall LLC. Ivan has applied to receive a Class C liquor license for his new venue, Diamond Reception Hall, which will be located at 423 W 3rd. Ivan reports that he is the sole owner of the Reception Hall, and will be the Liquor Manager. Alcantar does not list a spouse. I noted that Ivan filled out a supplemental form due to the location being within 150 feet of a church, i.e. St Stephen's Episcopal Church at 422 W 2nd. The application includes a letter from Reverend Susanna DesMarais, the Interim Rector at St Stephen's, as well as Don Young, the Senior Warden for the church. The letter confirms that after a vote of the governing board, the church approves of Ivan Alcantar being issued a liquor license for the new venue, and speaks in positive terms about the new business and Ivan himself. Ivan has been a Grand Island resident since at least 2015. I first checked and determined that Alcantar has no outstanding warrants. I then utilized several databases to check for any disqualifying entries. Local Spillman files showed a few traffic violations but nothing of concern. State NCJIS files indicate that Ivan has received several speeding tickets, as recently as 2022, but all were disclosed on the application. A paid, law enforcement only database was consulted. This site generally covers items of a civil nature. I noted no entries for bankruptcies, liens or civil judgments. I requested a liquor license proximity map of downtown Grand Island. There is a high concentration of active licenses in the downtown area, but only two others on 3rd Street west of Walnut. Map is attached for attention. I contacted Ivan Alcantar by phone. He advised that he works construction, on the road, for his main employment and was currently in North Platte for the week. We tried to meet in person the afternoon of Friday October 20th, but other duties did not allow me to make that appointment. Ivan arranged for me to view the reception hall on Monday the 23rd, but advised that he would be working in Fremont all week. I met with Ivan's father, Francisco, at 1030 on the 23rd. Francisco was helpful in showing me the factility, but did not know much about the licensing side of the proposed business, as he has only been assisting with construction, and has no operations interest in the LLC or reception hall. The building itself has been completely gutted to form one large open speace. Restrooms and a small kitchen facility were rough framed. It was obvious that final building and fire inspections would not be possible for some time. Francisco said he is aware that Ivan has to obtain alcohol through licensed wholesale distributors. He also advised that any alcohol will be stored in the basement, which is not accessible to patrons. Francisco said they will be installing a limited security system. He said that Ivan envisions renting the space for quincineara birthday parties and wedding receptions. Page 104 of 261 Officer Report for Incident L23101388 Page 5 of 6 11/01/23 I will try to arrange to meet with Ivan in person if we can make it work with our respective schedules. Alcantar and I have not been able to make schedules work to meet in person. Ivan is now out of town working in Fremont. Inv Suchsland with the Nebraska State Patrol told me that he had a phone interview with Alcantar, and discussed all relevant Liquor Commission requirements and concerns. Inv Suchsland was unable to meet with Ivan in person as well. Todd said he has found nothing that would disqualify Alcantar and the new reception hall. The Grand Island Police Department does not object to Diamond Reception Hall LLC, wholly owned and operated by Ivan Alcantar, a new Class C Liquor license; Beer, Wine and Distilled Spirits on and off sale; for the Ivan's new Diamond Reception Hall at 423 W 3rd. Page 105 of 261 3rd St W P i n e S t NWh e e l e r A v e N South Fr o nt St E Locust St SC e d a r S t N N o rth F ro n tS tW Koenig St W Division St W 5th St W 2nd St W Charles St W 1st St W 6th St W South Fr o nt St W 2nd St E Pine St SS y c am o r e S t N 4th St W Elm S t NLocust St SWhe e l e r A v e S C l e bu r n S tN E d d y S t N C l a r k S t S C l e bu r n S t S KoenigSt E Court StE CharlesSt E C e d a r S t S E d d y S t S E d d y S t S Wal n u t S t N L o c u s t S t N 2 n d S tW AshtonAveEWal n u t S t S 1st St E Division St W AshtonAveW 3rd St E N o rth F ro n tS tE Gre e n wic h S t N Ced a r S t N South Fr o nt St W Gr e e nw i c h S t S Elm S t S Koenig St WGr e e nw i c h S t N C l e bu r n S t N L o c u s t S t NCla r k S t N E d d y S t N E d d y S t NWh e e l e r A v e N E lm S t N C l e b u r n S t NPine St SLegend 423 W 3RD ST Non-Class C Liquor Licensed Locations Class C Liquor Licensed Locations Road Centerlines ¯ Liquor License Application Class "C": Diamond Reception Hall 0 500250 Feet P:\MXD_Files\ArcGIS_Pro\Liqour_Liciense\Liqour_Liciense.aprx 423 W 3RD ST Page 106 of 261 R E S O L U T I O N 2023-292 WHEREAS, an application was filed by Diamond Reception Hall LLC dba Diamond Reception Hall, 423 West 3rd Street for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on October 27, 2023; such publication cost being $14.80; and WHEREAS, a public hearing was held on November 7, 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 Ivan Alcantar, 1314 South Lincoln Avenue, Grand Island, Nebraska for liquor manager. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 7, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 107 of 261 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: November 7, 2023 Item #: 12.a. Subject: #2023-293 - Approving Contract with Central Nebraska Humane Society for Animal Control Services Staff Contact: Stacy Nonhof BACKGROUND: For over 10 years, the Central Nebraska Humane Society has had a contract with the City of Grand Island for animal control within the city limits of Grand Island. Animal Control officers are employees of the Central Nebraska Humane Society and are tasked with enforcing Chapter 5 of Grand Island City Code. The Animal Control Officers do not have any contractual authority to enforce any other chapters of City Code. The enforcement of Chapter 5 of City Code stops at the city limits for Grand Island. DISCUSSION: The contract before Council tonight is for a 1 year term. After 6 months, the City can review performance of this contract to determine if the implementation of the contract is being achieved. If it is determined that the contract implementation is not being achieved, the terms of the contract can be re-negotiated at that time. There is no automatic renewal of this contract. This contract will be up for re-negotiation next year. It is anticipated by Administration that the City will have more concrete information about implementation and enforcement of this contract after the year is up and will be in a better position to re-negotiate the terms of the contract at that time. A few highlights of the changes to this contract from previous contracts are: 1. At least 1 animal control officer will be on duty from 8:00 a.m. - 5:30 p.m. Monday through Friday and then from 8:00 a.m. to 4:30 p.m. on Saturday and 1:00 p.m. to 4:30 p.m. on Sundays. At such time as staffing levels permit, the hours for Monday through Friday may be extended. 2. There are to be 3 animal control officers employed by CNHS. 3. The financial records for animal control are to be separated out from the Central Nebraska Humane Society and will be subject to examination by the City upon 7 days notice. Page 108 of 261 4. There will be monthly meetings between the CNHS and City representatives as stated in the agreement along with quarterly meetings with the City Administrator. 5. There will be a liaison officer of the GIPD to CNHS and CNHS shall reimburse the City a portion of the salary of that officer upon implementation - reimbursement will be done by a reduction of the monthly payment from the City to CNHS. The liaison officer will aid in training of animal control officers in investigations and shall provide access to the Spillman database. This officer is contingent upon staffing and funding levels. 6. Animal control calls will be transitioned to the GIEC - people will call 911 to report violations instead of calling the Humane Society. 7. GIPD will be giving CNHS surplus radios over which animal control officers will be dispatched to calls. 8. The City will pay CNHS $550,000 for the term of this contract due in monthly installments. 9. The City will provide 2 vehicles to CNHS based upon availability and funding. The contract is substantially in agreement with what has been negotiated between the parties. A few details may change as approval of the final draft by CNHS will not happen until November 6, 2023 - too late for inclusion in the posted packet. FISCAL IMPACT: The annual cost of this contract is $550,000. 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 approval of the contract with Central Nebraska Humane Society in the amount of $550,000. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution 2. 11.3.23 Draft Contract Page 109 of 261 R E S O L U T I O N 2023-293 WHEREAS, the City of Grand Island gave notice to terminate to the Central Nebraska Humane Society in January 2023; and WHEREAS, negotiations between the City of Grand Island and the Central Nebraska Humane Society were had; and WHEREAS, the City of Grand Island and the Central Nebraska Humane Society came to a mutual agreement; and WHEREAS, the term of the contract will be one year unless earlier terminated by either party; and WHEREAS, the contract will be a flat fee of $550,000.00 beginning November 1, 2023 paid in monthly installments of $45,833.33 beginning November 2023. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the contract with the Central Nebraska Humane Society, in the amount of $550,000.00for Animal Control, is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is authorized to execute all documents on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 7, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 110 of 261 1 AGREEMENT THIS AGREEMENT is made on this _____ day of November, 2023, by and between the City of Grand Island, Nebraska, a Municipal Corporation, hereinafter referred to as the “City” and the Central Nebraska Humane Society, Inc., a Non-Profit Corporation, hereinafter referred to as the “CNHS.” ARTICLE I. STATEMENT OF PURPOSE This Agreement will set forth the terms and conditions under which CNHS shall administer and enforce the ordinances of the City pertaining to animals in accordance with the parties’ mutual objectives and principles. This Agreement will address the sheltering, care, and disposition of such animals. It is agreed that humane treatment of animals, protection of the public, and compliance with the law are the primary objectives of enforcement. ARTICLE II. TERM OF AGREEMENT Upon its approval by City Council and CNHS Board of Directors and execution by the Mayor and President of the CNHS Board of Directors, this Agreement shall be effective November 1, 2023, and shall continue in full force and effect for a term of one year (the “Initial Term”) unless earlier terminated by either party. There shall be a review after six (6) months for determination if the implementation of this contract is on track and able to be completed upon the expiration of the Initial Term. If, after the review, it is determined that the terms of this contract are not able to be implemented successfully, the contract terms and conditions may be re-negotiated. Upon expiration of the Initial Term, this Agreement shall be re-negotiated. It is specifically agreed and understood that either party shall have the right to terminate this Agreement at any time by giving the other party ninety (90) days written notice in advance of the termination date. ARTICLE III. CNHS DUTIES In the performance of this Agreement, CNHS shall serve as an animal control authority for City and shall have the following duties: A) CNHS shall furnish, maintain, and operate an animal control shelter with equipment, supplies, and facilities to be utilized in connection with CNHS’s performance of this Agreement. CNHS’s Animal Control Officers shall respond and investigate Page 111 of 261 2 complaints of violations of Chapter 5 of the Grand Island City Code (hereinafter referred to as “the Code”) in a professional and efficient manner and shall take such steps as are necessary to administer and enforce said ordinances. B) CNHS’s Animal Control Officers shall be empowered to issue warnings and citations in connection with the performance of their duties and refer complaints and requests for prosecution for violations of the Code to the City Attorney, or their designee. CNHS shall provide access to their reporting software to the City Attorney, or their designee. C) Animal Control shall have at least one (1) officer on duty Monday through Friday from 8:00 a.m. to 5:30p.m. with hours to be extended dependent on staffing levels, Saturday from 8:00 a.m. to 4:30 p.m., and Sunday from 1:00 p.m. to 4:30 p.m., or other regular business hours of CNHS. Animal Control shall be on call for Priority One calls, on the following holidays: 1)New Year’s Day – January 1; 2)Easter Sunday; 3)Memorial Day – Last Monday in May; 4)Independence Day – July 4; 5)Labor Day – First Monday in September; 6)Thanksgiving Day – Fourth Thursday in November; 7)Christmas Eve - December 24; or 8)Christmas Day – December 25. D)An Animal Control Officer shall be on-call for Priority One calls at all times, including holidays, that the Animal Control Officer is not regularly scheduled. Priority One calls are detailed in Exhibit “A” to this Contract. The name and telephone number of said on-call Animal Control Officers shall be maintained with the Grand Island-Hall County Emergency Center. E)CNHS shall employ not fewer than three (3) full time equivalent officers and such additional personnel as is necessary to fulfill the requirements of this Agreement, maintain vehicle(s) provided to CNHS by City, and provide services in the Page 112 of 261 3 administration and enforcement of the Code pertaining to animals within the city limits of Grand Island. F) CNHS will provide employees and equipment on standby for emergency services such as bite cases, ill/injured animal cases, dangerous or vicious animals as defined by the Code, picking up and transporting animals that have been confined, and bite/rabies investigation. G) During regular business hours, CNHS shall collect and dispose of all deceased animals except domestic livestock found upon City streets, alleys, avenues, or other property owned by or controlled by City weighing seventy-five (75) pounds or less. CNHS will coordinate with City’s Public Works Department, specifically the Streets Division, for the removal of deceased animals larger than seventy-five (75) pounds or that exceeds CNHS’s equipment capacity. H) CNHS shall collect and remove domestic animals and other pets, defined as those animals that someone is legally responsible for their care and/or maintenance, found running at large within the corporate limits of City and, at the discretion of the Animal Control Officer, return such animals to their owners, issue a citation, or impound and care for such animals in a humane manner. I) Upon reasonable advance notice of no less than seven (7) business days, City may audit the records of CNHS regarding animal control. J) Animals held by CNHS in its capacity of Animal Control at the direction of the City for a period in excess of twenty (20) calendar days, shall incur a fee of $20.00 per day per animal. CNHS shall remit a bill monthly to City, and the City shall remit payment within thirty (30) days after legal proceedings have been concluded, or surrender of the animal(s) occurs. It is agreed that this fee will not apply to instances where an animal is being held for rabies observation. K) CNHS shall provide adoption services pursuant to its policies, procedures, and mission statement, and in compliance with any applicable holding requirement contained within the Code. L) CNHS shall maintain written policies and procedures with respect to its performance of this Agreement, a current copy of which shall be maintained on file with City Clerk. A current set of written policies and procedures is attached hereto as Exhibit “B” and made a part hereof by reference. All future amendments to the written policies Page 113 of 261 4 and procedures shall be submitted to the Grand Island City Administrator for comment and input at least thirty (30) days prior to implementation except in instances of an emergency. M)CNHS shall collect all fees in connection with its performance of this Agreement, and maintain complete and separate financial records concerning its receipts and expenditures in connection with the performance of this Agreement and shall provide copies of current financial statements pertaining to Animal Control to City upon request, but not less than annually. Upon request, CNHS will make all of their Animal Control financial records available to City for review or audit. N)CNHS shall file a quarterly activity report and meet with the City Administrator concerning its activity in connection with its performance of this Agreement. Specific requirements for the quarterly report are set forth in Exhibit “C.” O)CNHS representatives to include, but not be limited to, the Co-Executive Directors of Communications and Operations and at least one member of the Executive Board, shall participate in monthly meetings with the Assistant City Attorney, Assistant City Administrator, and the Chief of Police or their designee. P)CNHS shall adopt procedures consistent with City Code regarding impounding, testing and disposal of animals which have bitten or are suspected of biting any person or animal and, when appropriate, CNHS will provide to Central District Health Department information concerning biting incidents. Q)CNHS shall purchase and maintain during the term of this Agreement, or its renewals, insurance providing the following coverage and shall file certificates of insurance with City Clerk: (1)Employer’s liability and Workmen’s Compensation Insurance as required by laws of the State of Nebraska; (2)Automobile public liability and property damage insurance with minimum limits of $1,000,000 single limit; (3)Public liability insurance, including premises insurance for the animal shelter, with minimum limits of $1,000,000 single limit; (4) Professional Liability insurance with minimum limits of $1,000,000 per incident; and Page 114 of 261 5 (5) Umbrella Liability insurance with a minimum limit of $1,000,000 per occurrence (such insurance to be excess of the other primary limits of insurance – Employer’s Liability, Automobile Liability, Public Liability (General Liability) and Professional Liability). City shall be listed as an additional named insured on all liability policies. Said certificates of insurance shall state that fifteen (15) days written notice shall be given to City before any policy covered thereby is changed or canceled. CNHS shall maintain on file with the Grand Island City Clerk current copies of its written Agreements with other jurisdictions or political subdivisions. R) CNHS shall annually deliver to the City a complete copy of the annual financial review of CNHS. CNHS shall deliver to the City a complete copy of the financial audit done once every three years of CNHS. To the extent permitted by law, City agrees to maintain the confidentiality of CNHS’s financial records except such records as pertain solely to its animal control functions as required in III.M., above. If City receives a request to disclose a copy of the annual financial audit/financial statements of CNHS, City shall provide notice and a copy of such request to CNHS, which shall have four days in which to object to the disclosure. The financial audit/financial review shall be provided to the City within 30 days of their receipt by CNHS. S) CNHS shall provide funding at an agreed upon portion of the GIPD liaison officer salary upon implementation. Implementation dependent upon staffing and funding levels of both parties. T) CNHS officials and animal control officers are at all times the employees and agents of CNHS and this Agreement does not constitute such officials or animal control officers as employees of the City. Animal Control Officers shall be trained and have relevant continuing education provided to them by the Humane Society. ARTICLE IV. DUTIES OF CITY In the performance of this Agreement, City shall have the following duties: A) City shall cooperate with CNHS whenever necessary to aid in the enforcement and administration of the Code. City shall designate a member of the Grand Island City Council to liaison with the Board of Directors of CNHS in connection with the duties of this contract. Page 115 of 261 6 B) The Communication Center will receive telephone calls concerning violations of the Code at all times. The Animal Control Officer will only respond to after- hours calls if they are defined as Priority One calls as defined on Exhibit “A”. C) City shall provide a liaison officer to CNHS pending staffing levels of GIPD and mutual agreement. Such officer will aid in training of animal control officers. Full duties of the liaison officer will be finalized by the six month review date and shall be attached as an addendum to this contract. D) During the term of this Agreement, City shall pay to CNHS the amounts authorized by the Mayor and City Council as shown in its adopted budgeted statements and annual appropriation ordinances. For the Initial Term, CNHS shall receive from City as compensation for the services provided herein an annual fee of $550,000.00 (the “base rate”) that will be paid in twelve (12) equal monthly installments of $45,833.33 beginning in November 2023 with such payment to be received by CNHS no later than the 15th of the month. E) An agreed upon portion of the liaison officer salary shall be deducted from the monthly payments to CNHS upon implementation of the liaison officer position. F) City shall inform CNHS of any revisions or amendments to the Code, at least sixty (60) days in advance of the revisions or amendment, and, notwithstanding any other provision of this Agreement CNHS shall have the option to terminate this Agreement upon sixty (60) days’ notice if it unable to perform this Agreement under the revisions or amendment G) City shall provide CNHS with police issued radios and will also provide two vehicles to CNHS based upon availability and funding. Access to Spillman records shall be via the liaison officer. H) During the period that this Agreement is in effect, City and CNHS shall conduct meetings a minimum of two (2) times per year for the purpose of reviewing the performance of CNHS in connection with the Agreement. For the purposes of such meetings, the representatives shall be the Co-Executive Directors of CNHS (or his/her designee), the President of the Board of Directors for CNHS (or his/her designee), and City Administrator (or his/her designee). The meetings will be set at the discretion of City. Page 116 of 261 7 I) City shall be responsible for all routine maintenance and services of provided vehicles. Repair or replacement of said vehicles shall be at the discretion of the City. CNHS shall be responsible for any repairs due to negligence of employees of CNHS or lack of routine maintenance being done. CNHS is responsible for fuel costs. J) City shall be responsible for the issuance of all pet licenses within the City limits ARTICLE V. CHOICE OF LAWS This Agreement shall be construed to be in accordance with the Grand Island City Code and the laws of the State of Nebraska. ARTICLE VI. INDEMNIFICATION With respect to acts or omissions occurring on or after the date this Agreement is approved by the parties’ governing bodies and executed by the Mayor and CNHS’s President of the Board of Directors, each Party will indemnify, defend and hold harmless the other Party from any and all liability, expense, cost, attorney’s fees, claim, judgment, suit and/or cause of action (whether or not meritorious), settlement, or demand for personal injury, death or damage to tangible property which may accrue against the other Party to the extent it is caused by the negligent acts or omissions of the Indemnifying Party, its officers, employees, agents or subcontractors while performing their duties under this Agreement, provided that the other Party gives the indemnifying Party prompt, written notice of any such claim, suit, demand or cause of action. The other Party shall cooperate in the defense or settlement negotiation of such claim, suit, demand or cause of action. The rights, duties and obligations set forth in this section survive termination or expiration of this agreement. ARTICLE VII. ASSIGNMENT CNHS shall not assign its rights under this Agreement without the express prior written consent of City. ARTICLE VIII. INDEPENDENCE OF CNHS During the term of this agreement, CNHS, its officers, employees, agents, and volunteers, shall act in an independent capacity and not as officers, employees, or volunteers of City. The Parties agree that CNHS in performing its duties under this Agreement is performing traditional government functions. Page 117 of 261 8 ARTICLE IX. EQUAL EMPLOYMENT AND NON-DISCRIMINATION CNHS is an Equal Opportunity Employer. It is the intent of CNHS to provide equal employment opportunity in its employment practices for all persons and will not discriminate on the basis of race, color religion, sex, sexual orientation, age or national origin, or against any qualified handicapped/disable individual ARTICLE X. AGREEMENT This Agreement constitutes the entire agreement between CNHS and City notwithstanding any other oral agreements or understandings to the contrary and may be amended only in writing, approved and executed as required by law. Page 118 of 261 9 CITY OF GRAND ISLAND, NEBRASKA, By: _______________________ Roger Steele, Mayor Date Attest: RaNae Edwards, City Clerk The agreement is in due form according to law and is hereby approved. _______________________ Stacy R. Nonhof, Assistant City Attorney Date CENTRAL NEBRASKA HUMANE SOCIETY, INC., A Non-Profit Corporation By: ________________________________________ ______________________ Todd Wainwright, President of the Board Date Attest: ______________________________________ Page 119 of 261 10 EXHIBIT A PRIORITY ONE CALLS – RESPONSE IS 24/7 AGENCY ASSISTANCE: A request for police, sheriff, state patrol, fire or health department. Animal Control will respond to agency assist calls at ALL times. Information needed: 1. Name of department requesting assistance; 2. Type of assistance required; 3. Address where assistance is required; 4. Name of contact at site; and 5. Other pertinent information for animal control officer, i.e., hazardous material, specific equipment needed, warrant, etc. Agency Assistance will only be utilized for situations such as car accident, structure fires, or other situations when the animal’s safety is at risk. Agency Assistance is not to be used for situations such as the execution of an arrest or search warrant where the animal is not in immediate danger, i.e., the animal can safely be left at the residence overnight. BITE: Animal Control Officers will respond to ALL bite calls at all times. Information needed: 1. Did the bite break the skin? 2. What date and time did the bite occur? 3. Is immediate medical attention needed? 4. Where is the victim (at home, hospital, etc.)? 5. Is transportation available (if required)? 6. What is the location and description of the animal? Page 120 of 261 11 7. Is the animal confined? 8. What is name and address of person making the call? 9. What is the animal’s owner name and address? Directions to be given caller: 1. Is transportation for the victim required? Call ambulance, animal control officer cannot transport victim. 2. Medical attention required; contact their family physician. Minor wounds - should be washed with soap and water for (5) five minutes. 3. Inform caller that animal control and police will make contact with victim and witnesses. POTENTIALLY DANGEROUS AND DANGERS ANIMALS: CONFINED STRAY: Defined as any domestic animal, such as a cat or dog, that is confined in the caller’s yard or other building. After responding to the reported address, the officer will follow the procedures for a Confined Stray as listed in Exhibit B, Policies and Procedures of CNHS. POTENTIALLY DANGEROUS is defined as any animal that when unprovoked: 1) inflicts a non-serve injury on a human or injures a domestic animal either on public or private property; 2) chases or approaches a person upon streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; or 3) specific dog with known propensity, tendency or disposition to attack when unprovoked, to cause injury, or to threaten the safety of humans or domestic animals. DANGEROUS is defined as any animal that, according to the records of the Central Nebraska Humane Society: (a) has killed or inflicted severe injury on a human being on public or private property; (b) has killed a domestic animal without provocation while the animal was off the owner’s property; or (c) has been previously determined to be a potentially dangerous animal by Page 121 of 261 12 an Animal Control officer and the owner has received notice of such determination and such animal again aggressively bites, attacks, or endangers the safety of humans or domestic animals. A dog shall not be defined as a dangerous dog if the threat, any injury that is not a severe injury, or the damage was sustained by a person who at the time, was committing a willful trespass or any other tort upon the property of the owner of the dog, who was tormenting, abusing, or assaulting the dog, who has, in the past, been observed or reported to have tormented, abused, or assaulted the dog, or who was committing or attempting to commit a crime. Information needed: 1. Location of animal? 2. Description of animal? 3. Is animal confined? 4. When and where was the animal seen last? 5. Name and address of owner, if known. 6. Reason caller is suspicious of the animal? 7. Name, address and phone number of caller. 8. Is the animal on the “declared list?” Animal must have been “declared potentially dangerous or dangerous” by animal advisory board and recorded at CNHS on “declared list.” Directions to be given caller: 1. Inform caller to stay away from the animal! 2. Inform caller an animal control officer will be responding and will need to get more information. CRUELTY: Generally refers to animals that are beaten, tortured, burned, mutilated, or killed. Do not try to move the animal, unless necessary. BE CAREFUL NOT TO BE BITTEN. If injury is also caused by ILLEGAL ACTION i.e. shooting, trapping, poisoning, fighting, have the witnesses remain at the scene or get names and addresses of witnesses. Page 122 of 261 13 Information needed: 1. Is the animal in immediate danger? 2. Description of animal? 3. Location of animal? 4. Name and address of owner, if known. 5. Name and address of abuser, if known. 6. What type of cruelty? Beaten, tortured, burned, mutilated or killed. 7. Name, address and phone number of caller. 8. Name, address and phone number of witnesses. Page 123 of 261 14 EXHIBIT B CNHS Policies and Procedures RUNNING AT LARGE: Animal Control will receive a call from GIEC or the public (calling CNHS) and report the animal running at large. The Animal Control officer will respond to the call. Upon arrival to the reported location the Animal Control Officer will search for the animal(s) matching the description given. When spotted, the Animal Control Officer will pursue and obtain (by any means) any animal(s) spotted running at large. All animal(s) obtained while running at large will be impounded at the Central Nebraska Humane Society. ANIMAL INTAKE: ACO has brought in an animal from running at large or confined: 1. Bring dog to surrender room (for cats jump to #11-12 then back to #2-10) 2. Scan for a microchip 3. If has a microchip write it down 4. Look up microchip in pet point 5. If not in pet point search microchip in AAHA Universal Microchip Lookup for microchip company to contact https://www.petmicrochiplookup.org/default.aspx?microchip_id=4623267315 6. Contact Microchip company – get owner information 7. Contact owner – if you contact owner make memo in pet point 8. Intake the animal into pet point 9. Take a picture of the animal add to pet point 10. Check lost dog/cat report book for missing animals –if there contact owner 11. Locate open ACO Canine kennel OR Stray Cat Kennels 12. Place animal in designated open kennel 13. Fill out ACO/Stray dry erase board with name of animal (Ex: Stray 4C) 14. Print off 2 kennel cards for dogs 1 to kennel and 1 to medical -1 kennel card for cats only to medical Page 124 of 261 15 CONFINED STRAY (CAT OR DOG): Animal Control receives call from GIEC or public. Report is made that there is a confined cat/dog 1. Animal control officer proceeds to reported address 2. Animal control officer retrieves animal and asks if finder can give any information about the animal 3. Returns animal to CNHS 4. Follows Animal Intake procedure BATS: Animal control receives report of a bat inside a home of business during regular business hours. MUST BE INSIDE LIVING QUARTERS OF THE HOME OR BUSINESS (we do not get bats from attics, garages, or outside) 1. ACO proceeds to reported address 2. Take net, coffee can, and flashlight to enter home or business 3. Search for bat 4. If you find bat clinging to something use coffee can to catch 5. If bat is flying use net to trap bat. Swing net through air and catch bat then quickly (but gently) place net on floor (trapping bat between net and floor) using coffee can gently move can under net use your other hand to place lid under net and onto the coffee can. Do this all very gently as bats are actually quite fragile. 6. Talk to caller or other resident of the home to determine if the bat was: -Found in the same room as a human who was not alert and awake the entire time the bat was in the room or who was an unattended young child or other individual who cannot otherwise say with certainty "I know I wasn't bitten"? Page 125 of 261 16 -Did the bat fly into the person's face or collide or otherwise have contact with the person's exposed skin? -Did the person step on the bat barefoot? 7. If yes to #6 bat must be taken to CNHS and euthanized by a licensed veterinarian and sent off for testing (following protocol) *If testing still wanted charge $65.00 8. If declined testing WITH signature bat can be relocated to country – area with a lot of trees Page 126 of 261 17 EXHIBIT C Animal Control Ticket Tracking Chart Month and Year Case Type Total Incidents Unfounded Warning Cited Complied With Citation/ Warning Referred To City Attorney Referred to County Attorney Pending Cites Notes Abandoned 0 0 0 0 0 0 0 0 Attack Case 0 0 0 0 0 0 0 0 Bite Case 0 0 0 0 0 0 0 0 City License 0 0 0 0 0 0 0 0 Cruelty or Neglect 0 0 0 0 0 0 0 0 Explain Leash Law 0 0 0 0 0 0 0 0 Livestock 0 0 0 0 0 0 0 0 Pet Excreta 0 0 0 0 0 0 0 0 Rabies Vac Required 0 0 0 0 0 0 0 0 Running at Large 0 0 0 0 0 0 0 0 Welfare Check 0 0 0 0 0 0 0 0 Totals 0 0 0 0 0 0 0 0 Page 127 of 261 18 Non-Cited Incidents Total Tickets for the Month Agency Assist 0 Warnings 0 Bat 0 Citations 0 Confined Stray 0 Total 0 Deceased 0 Misc./Fuel 0 Sick/Injured 0 Wildlife 0 Total 0 Total Incidents 0 Page 128 of 261 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: November 7, 2023 Item #: 12.b. Subject: #2023-294 - Approving Change Order #1 for Solar Project Staff Contact: Ryan Schmitz, Stacy Nonhof BACKGROUND: Grand Island Utilities owns and operates a mix of generation resources. The mix includes 100MW Coal - Platte Generating Station, 33MW -Coal Nebraska City 2, 15 MW – Coal Whelan Energy 2, 95 MW- dual fuel gas turbines – Burdick Station, 30 MW – Wind, 1 MW Solar, and 9 MW Hydro – WAPA. In 2022 the Utilities Department completed a study with engineering firm Sargent and Lundy that reviewed our electric generating assets. The review included several scenarios utilizing different generating resources with one including additional solar. Solar generation has multiple reasons that make it good for Grand Island. One, the cost of utility-scale solar has gone down significantly. Two, Grand Island’s peak power demand day is during a hot sunny summer day and solar would be producing, reducing our need to run higher-cost generation. Three, the passing of the Inflation Reduction law made Investment Tax Credit direct payments available to Public Power Utilities, reducing the cost of carbon-free generation, and fourth, solar will reduce our carbon footprint. Utility Management reviewed the requirements from the Balancing Authority, available land, and environmental regulations. The project size was determined by our Balancing Authority, Southwest Power Pool (SPP). SPP allows a Utility to add up to 10 Megawatts (MW) of new generation without completing a transmission study. The current cue to complete a transmission study is averaging 4 years. The solar generation will be “behind the meter” which will effectively reduce the City load demand, and reduce the amount of load needed to be purchased for that hour of the day. At the June 27, 2023 Council meeting, the proposal for the Grand Island Utilities Solar Project was awarded to GRNE Solar of Lincoln, Nebraska. Page 129 of 261 DISCUSSION: The upcoming Museum Drive Solar Project was initially budgeted with the expectation of qualifying for both parts of the Tax Credit created by the Inflation Reduction Act (IRA). The IRA contains a 30% tax credit for renewable energy facilities like solar and wind farms, with a bonus worth an additional 10% of the project cost for using domestic content. To qualify for the bonus, the IRA specifies that all of a project's iron or steel products must be "melted and poured" domestically and that 40% of the cost of so-called manufactured products must be made in the United States. For manufactured products that include imported materials, analysis is more complicated. Manufacturers will be expected to disclose the origin country and direct costs for the materials and parts used in the product. The rules stipulate that the cost of these components should be based on the manufacturer’s cost of production, not the purchase price paid by the developer. This makes compliance more complex for project developers. These complications, as well as the increased cost of domestically produced components when compared to foreign-made equipment, led to the recommendation by GRNE now Nelnet to switch suppliers to a non-domestically manufactured, lower cost alternative. The change in suppliers will reduce total cost by $1,766,646. For a final project cost of $14,228,183. The Investment Tax Credit ITC will be 30%. FISCAL IMPACT: The City will continue to claim a 30% tax credit, while foregoing the additional 10% tax credit allowed for American made components. Alternatively, the Contract will be reduced by $1,766,646 as more economical material options can be pursued. 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: The City Administration recommends authorizing Change Order #1 with GRNE Solar of Lincoln, NE for the Grand Island Utilities Solar Project for a reduction of $1,766,646 to the contract price, for a total contract price not to exceed $14,228,183 . SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Change Order Page 130 of 261 2. Resolution Page 131 of 261 CHANGE ORDER PROJECT NAME City of Grand Island Utilities District Solar Project LOCATION OF WORK East Museum Drive DATE OF REQUEST 10/31/2023 CHANGE ORDER NO. 001 DATE OF ORIGINAL SIGNED CONTRACT 8/21/2023 CONTRACTOR Nelnet Renewable Energy PROJECT OWNER City of Grand Island Utilities SALES REP Travis Kepler CHANGE REQUEST OVERVIEW DESCRIPTION Substitute previously specified solar modules from Solar4America - 4A580-144NH10 for Vsun Solar - VSUN575N-144BMH-DG. This change will result in a decreased net contract cost by the following amounts. Material: ($1,643,392), Sales Tax: ($123,254), Total: ($1,766,646) OF CHANGE REASON FOR Solar4America cannot guarantee the domestic content requirements in order to qualify for the additional 10% tax credit savings. CHANGE SUPPORT & JUSTIFICATION DOCUMENTS CHANGE IN CONTRACT PRICE CHANGE IN CONTRACTUAL DATES ORIGINAL PRICE $15,994,829.00 ORIGINAL MC DATE NEW MC DATE No change NET INCREASE / DECREASE ($1,766,646.00) ORIGINAL SC DATE NEW SC DATE No change TOTAL CONTRACT PRICE WITH APPROVED CHANGES $14,228,183.00 ORIGINAL FC DATE NEW FC DATE No change CONTRACTOR SIGNATURE OWNER SIGNATURE TITLE TITLE DATE DATE Nelnet Renewable Energy | 230 N Hicks Place Palatine, IL 60067 10/31/2023 Director of Special Projects Page 132 of 261 R E S O L U T I O N 2023-294 WHEREAS, at the June 27, 2023, Council meeting, GRNE Solar was awarded the contact for the Solar Project 2023 in the amount not to exceed $15,994,829.00; and WHEREAS, GRNE has recommended to switch suppliers to a non-domestically manufactured, lower cost alternative; and WHEREAS, the change in suppliers will reduce the total cost by $1,766,646 for a final project cost of $14,228,183. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 with GRNE Solar, in the reduction amount of $1,766,646, is approved, and the Mayor is hereby authorized to sign the Change Order on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 7, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 133 of 261 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: November 7, 2023 Item #: 12.c. Subject: #2023-295 - Approving Agreement with Transit Service Provider Staff Contact: Keith Kurz, Charley Falmlen BACKGROUND: A Request for Proposals (RFP) for a Transit Service Provider was advertised in the Grand Island Independent on July 27, 2023. The RFP was also sent to nine (9) potential firms by the Transit Division of the Public Works Department. This solicitation was for a qualified agency to provide demand response public transit service in the urbanized area of Grand Island, Nebraska. DISCUSSION: One (1) vendor submitted for the Transit Service Provider RFP on August 31, 2023. Holiday Express Bus of Grand Island, Nebraska was the sole submitter. The term of the agreement will be as follows: Start –Up: Notice to Proceed date – March 30, 2024 Partial Year-Operations: April 1, 2024-September 30, 2024 First Year: October 1, 2024 – September 30, 2025 Second Year: October 1, 2025 – September 30, 2026 Third Year: October 1, 2026 – September 30, 2027, with an option to renew on an annual basis for a two (2) year period. The cost for each term is as follows. Page 134 of 261 Term Maximum Price Start-Up $155,000.00 Partial - Year $871,104.99 First Year $1,742,090.50 Second Year $1,794,353.22 Third Year $1,848,156.81 The agreement shall meet the above discussed term and budget, all other criteria shall be approved by the City of Grand Island Legal Department upon completion. FISCAL IMPACT: Funds are available in the approved FY24 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 agreement for a Transit Service Provider with Holiday Express Bus. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution Page 135 of 261 R E S O L U T I O N 2023-295 WHEREAS, on July 27, 2023 the Transit Division of the Public Works Department advertised for a Transit Service Provider; and WHEREAS, on August 31, 2023 one (1) vendor submitted proposals for such services; and WHEREAS, Holiday Express Bus of Grand Island, Nebraska was the sole submitter; and WHEREAS, the term of the agreement will be from the date of the Notice to Proceed to September 30, 2027, with an option to renew such on an annual basis for a two (2) year period; and WHEREAS, the cost of Transit service for each term is listed below; and Term Maximum Price Start-Up $155,000.00 Partial - Year $871,104.99 First Year $1,742,090.50 Second Year $1,794,353.22 Third Year $1,848,156.81 WHEREAS, the agreement shall meet the above discussed term and budget, all other criteria shall be approved by the City of Grand Island Legal Department upon completion. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Transit Service Provider agreement by and between the City and Holiday Express Bus of Grand Island, Nebraska is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 7, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 136 of 261 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: November 7, 2023 Item #: 13.a. Subject: #9951- Consideration of Approving Water Fund - Lead Pipe Replacement Bond Staff Contact: Patrick (Pat) Brown BACKGROUND: On July 25th, 2023 Council was presented the Lead Service Line replacement and the Lead and Copper Revised Rules (LCRR) that are to take effect on October 16, 2024. On November 15, 2021, the Federal government passed the Bipartisan Infrastructure Law to fund the replacement of lead service lines. The funds for the state of Nebraska are being distributed through the State Revolving Fund (SRF). The funds are distributed as a line of credit loan, which will partially be granted and the remaining repaid through water rates. In preparing to meet the requirements for inventorying all our service lines in the city as required by the LCRR, the utility staff reviewed our service line cards and put together an inventory that is showing a possible 3,000 service lines that could be lead or galvanized piping. To replace these lines and utilize federal funds, the City will need to get a loan from the State Revolving Fund. DISCUSSION: The State Revolving Fund has been set up by the Nebraska Department of Environment and Energy (NDEE) to allow for up to 62% forgivable and a 40 year payback at 0% interest in areas that fall into opportunity zones which have residences with a higher economic need and a 57% forgivable and a 30 year payback at 0% interest in all other areas. There is also an additional 10% of money that is 100% forgivable for discovery. The Water Department has developed a plan where the opportunity zone areas will be completed first, thus utilizing the 62% forgivable and 40 year payback loan. The opportunity zones have a possible 1,290 service lines that could require replacement, but we expect some have already been replaced and are estimating that for the first SRF loan, we would need $4,500,000 of which less than $1,710,000 would need to be repaid. The Water Department is scheduled to complete these first replacements over 5 years. After 5 years, we would take out a second loan to complete the remaining service line replacements. The exact amount for the second loan will be determined after we gain experience with the first round of replacements. Discovery will be completed using a hydro vacuum and a crew of two Page 137 of 261 water maintenance workers. The verification is considered discovery work and will fall into the additional 10% that is 100% reimbursable. The City's bond counsel, Mike Rogers from Gilmore & Bell, P.C., prepared and reviewed the bond documents for accuracy and compliance with the City's other bond financing. This bond will not impact current bonds in place and future bonding for other city projects. FISCAL IMPACT: The first loan will require a repayment of less than $1,710,000 over 40 years at 0% interest. 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 Council approves moving forward with the State Revolving Fund loan to complete the Lead Service Line replacements in the opportunity zones for an amount of $4,500,000.00. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. 2023 Grand Island NDEE CURB Loan - Ordinance (With Exhibit) Page 138 of 261 CITY OF GRAND ISLAND, NEBRASKA ORDINANCE NO. 9951 AN ORDINANCE OF THE CITY OF GRAND ISLAND, NEBRASKA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $4,500,000 PRINCIPAL AMOUNT OF COMBINED UTILITIES REVENUE BOND OF THE CITY OF GRAND ISLAND, NEBRASKA, AND ENTERING INTO A LOAN AGREEMENT WITH THE NEBRASKA DEPARTMENT OF ENVIRONMENT AND ENERGY FOR THE PURPOSE OF PAYING THE COST OF CERTAIN IMPROVMENTS TO THE COMBINED UTILITIES SYSTEM; PLEDGING AND HYPOTHECATING THE REVENUE AND EARNINGS OF THE COMBINED UTILITIES SYSTEM FOR THE PAYMENT OF SAID BOND AND INTEREST THEREON; PROVIDING FOR THE COLLECTION, SEGREGATION AND APPLICATION OF THE REVENUE OF SAID COMBINED UTILITIES SYSTEM; PRESCRIBING THE FORM AND DETAILS OF THE BONDS AND THE COVENANTS AND AGREEMENTS TO PROVIDE FOR THE PAYMENT AND SECURITY THEREOF; PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE IN PAMPHLET OR ELECTRONIC FORM; AUTHORIZING CERTAIN ACTIONS AND DOCUMENTS; AND PRESCRIBING OTHER MATTERS RELATING THERETO; BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, AS FOLLOWS: FINDINGS AND DETERMINATIONS The Mayor and Council (the “Council”) of the City of Grand Island, Nebraska (the “City”), hereby find and determine that: 1. The City is a city of the first class and political subdivision duly organized and existing under the laws of the State of Nebraska (the “State”), and, pursuant to Chapter 16, Reissue Revised Statutes of Nebraska, as amended, owns and operates (a) an electric generation, transmission and distribution system (the “Electric System”), (b) a water works plant and water system (the “Water System”), and (c) a wastewater treatment plant and facilities and sanitary sewer system (the “Sewer System”), each of which is a revenue-producing facility as described in Sections 18-1803 to 18-1805, inclusive, Reissue Revised Statutes of Nebraska, as amended (the “Act”), serving the City and its inhabitants and others within its service area (collectively, the “Combined Utilities,” as hereinafter more fully defined). 2. Pursuant to the Act and the ordinances set forth below, the City has heretofore issued and has outstanding on the date hereof the following series of combined utility revenue bonds (collectively, the “Outstanding Bonds”) payable solely from the revenues derived from the operation of the Combined Utilities (the “Revenues”): (a) Combined Utilities Revenue Refunding Bonds, Series 2020A, dated November 19, 2020, issued in the original principal amount of $24,275,000; and Page 139 of 261 -2- (b) Combined Utilities Revenue Refunding Bonds, (Taxable Interest), Series 2020B, dated November 19, 2020, issued in the original principal amount of $68,485,000. 3. Other than the Outstanding Bonds identified in Paragraph 2 above, there are presently no other liens or pledges upon the Revenues of the Combined Utilities. 4. The Nebraska Department of Environment and Energy (“NDEE”) approved a project designated as NDEE Project No. D311690 relating to the improvement, repair, rehabilitation, extension of or connection to of the City’s Water System, including replacement of lead service lines for connection to the Water System to , (the “Project”) for which the estimated total cost is not less than $4,500,000 and NDEE agreed to lend the City funds in such amount (the “NDEE Loan”) and in such connection has agreed to accept the NDEE Note (as defined and described below) payable from the revenues of the Combined Utilities. 5. In connection with the NDEE Water Loan the City hereby determines it necessary and appropriate to approve, execute and deliver an agreement entitled “Loan Agreement (Governmental Borrower) between the Nebraska Department of Environment and Energy And City of Grand Island, Nebraska NDEE Project No. D311690” (the “Loan Contract”) and it is necessary and advisable for the City to approve the execution and delivery of said Loan Contract and the “Note” described therein for the borrowed amount of up to $4,500,000, which Note shall evidence, be and constitute the “NDEE Note” described herein. 6. To satisfy the conditions of the ordinances which govern the Outstanding Bonds to qualify the Bonds as additional obligations which enjoy a parity lien status on the Revenues of the Combined Utilities with the Outstanding Bonds, it is necessary for the City to issue the NDEE Note as a combined utilities revenue bond in the total principal amount of up to $4,500,000 (the NDEE Note may also be referred to herein as the “Bond” or “Bonds”). 7. The City finds and determines as follows (capitalized terms shall have the meanings provided elsewhere in this Ordinance): (a) it is not in default in the payment of principal of or interest on any Outstanding Bonds or in making any payment at the time required to be made into the respective funds and accounts created by and referred to in this Ordinance or any Parity Ordinance; and (b) based on the most recent audited financial statement of the City, the Net Revenues Available for Debt Service derived by the City from the operation of the Combined Utilities, for the fiscal year of the Combined Utilities ended September 30, 2022, were equal to at least 125% of the Average Annual Debt Service with respect to all Combined Utility Revenue Bonds of the City, including the Bond proposed to be issued herein. All other conditions, acts and things required by law to exist or to be done precedent to the issuance of the Bond do exist and have been done and performed in regular and due time as provided by law. Page 140 of 261 -3- ARTICLE I DEFINITIONS Section 101. Definitions of Words and Terms. In addition to the words and terms defined elsewhere herein, the following capitalized words and terms as used in this Ordinance shall have the following meanings: “Act” means Sections 18-1803 to 18-1805, inclusive, Reissue Revised Statutes of Nebraska, as amended. “Authorized Officers” mean, each individually, the Mayor, City Administrator and Finance Director of the City. “Average Annual Debt Service” means the number determined by adding all of the principal and interest which will become due when computed to the absolute maturity of the Bonds and Parity Bonds, if any, then outstanding and all of the principal and interest of the Combined Revenue Bonds to be issued, and dividing such total by the number of years remaining that the longest bond of any such Combined Revenue Bonds (including the Combined Revenue Bonds to be issued) has to run to maturity. “Bond Counsel” means Gilmore & Bell, P.C., Omaha, Nebraska, or other attorney or firm of attorneys with a nationally recognized standing in the field of municipal bond financing selected by the City. “Bond Payment Date” means any date on which principal of or interest on any Bond is payable at the Maturity thereof or on any Interest Payment Date. “Bond Register” means the books for the registration, transfer and exchange of Bonds kept at the office of the Paying Agent. “Bond,” “Bonds” or “NDEE Note” means the NDEE Water Note, issued as the City’s combined utilities revenue bond in the form of and evidenced by a single promissory note with NDEE in substantially such form as set forth in Attachment F to the Water Loan Contract in the principal amount of $4,500,000, authorized and issued pursuant to this Ordinance. “Business Day” means a day other than a Saturday, Sunday or holiday on which the Paying Agent is scheduled in the normal course of its operations to be open to the public for the conduct of its banking operations. “City” means the City of Grand Island, Nebraska, and any successors or assigns. “Code” means the Internal Revenue Code of 1986, as amended, and the applicable regulations of the Treasury Department proposed or promulgated thereunder. “Combined Utilities” means, collectively, the Electric System, the Water System and the Sewer System of the City. “Combined Revenue Bonds” means collectively the Bonds, the Parity Bonds and all other revenue bonds which are payable out of, or secured by an interest in, the income and Revenues derived from the operation of the Combined Utilities. Page 141 of 261 -4- “Consultant” means an independent engineer or engineering firm having a favorable reputation for skill and experience in the construction, financing and operation of public utilities and the preparation of management studies and financial feasibility studies in connection therewith, selected by the City for the purpose of carrying out the duties imposed on the Consultant by this Ordinance. “Debt Service Fund” means the fund by that name created by Section 501 hereof. “Debt Service Requirements” means the aggregate principal payments (whether at maturity or pursuant to scheduled mandatory sinking fund redemption requirements) and interest payments on all Combined Revenue Bonds for the period of time for which calculated; provided, however, that for purposes of calculating such amount, principal and interest shall be excluded from the determination of Debt Service Requirements to the extent that such principal or interest is payable from amounts deposited in trust, escrowed or otherwise set aside for the payment thereof with the Paying Agent or other commercial bank or trust company having full trust powers. “Debt Service Reserve Fund” means the fund by that name created by Section 501 hereof. “Debt Service Reserve Requirement” means the amount determined pursuant to Section 212 herein. “Defaulted Interest” means interest on any Bond which is payable but not paid on any Interest Payment Date. “Defeasance Obligations” means any of the following obligations: (a) United States Government Obligations that are not subject to redemption in advance of their maturity dates; or (b) obligations of any state or political subdivision of any state, the interest on which is excluded from gross income for federal income tax purposes and which meet the following conditions: (1) the obligations are (A) not subject to redemption prior to maturity or (B) the trustee for such obligations has been given irrevocable instructions concerning their calling and redemption and the issuer of such obligations has covenanted not to redeem such obligations other than as set forth in such instructions; (2) the obligations are secured by cash or United States Government Obligations that may be applied only to principal or redemption price of and interest payments on such obligations; (3) such cash and the principal of and interest on such United States Government Obligations serving as security for the obligations, plus any cash in the escrow fund, are sufficient to meet the liabilities of the obligations; (4) such cash and United States Government Obligations serving as security for the obligations are held in an escrow fund by an escrow agent or a trustee irrevocably in trust; (5) such cash and United States Government Obligations serving as security for the obligations are not available to satisfy any other claims, including those against the trustee or escrow agent; and Page 142 of 261 -5- (6) the obligations are rated in the highest rating category by Moody’s Investors Service, Inc. (presently “Aaa”) or Standard & Poor’s Ratings Group (presently “AAA”). “Electric System” means all properties and assets, real and personal and tangible and intangible, of the City, now or hereafter existing, used for or pertaining to the generation, transmission and distribution and sale of electric power and energy, together with all extensions and improvements thereto hereafter made or acquired by the City; provided that, where the City is a co-owner with another person of an asset or property, only the City's ownership share of such asset or property, or of any addition, extension and improvement of the asset or property, so co-owned shall be included in the Electric System hereunder; and provided further, that the Electric System hereunder shall not include any facilities for the generation, transmission and distribution of electric power and energy constructed or acquired by the City as a separate utility system with the proceeds of sale of bonds or other evidences of indebtedness (other than Bonds) which shall be payable solely from the revenues or other income derived from the ownership or operation of such separate utility system. “Expenses” means all reasonable and necessary expenses of operation, maintenance and repair of the Combined Utilities and keeping the Combined Utilities in good repair and working order (other than interest paid on Combined Revenue Bonds and depreciation and amortization charges during the period of determination), determined in accordance with generally accepted accounting principles, including, without limiting the generality of the foregoing, current maintenance charges, expenses of reasonable upkeep and repairs, salaries, wages, costs of materials and supplies, Paying Agent fees and expenses, annual audits, periodic Consultant’s reports, properly allocated share of charges for insurance, the cost of purchased water, gas and power, if any, obligations (other than for borrowed money or for rents payable under capital leases) incurred in the ordinary course of business, liabilities incurred by endorsement for collection or deposit of checks or drafts received in the ordinary course of business, short-term obligations incurred and payable within a particular fiscal year, other obligations or indebtedness incurred for the purpose of leasing (pursuant to a true or operating lease) equipment, fixtures, inventory or other personal property, and all other expenses incident to the operation of the Combined Utilities, but shall exclude all general administrative expenses of the City not related to the operation of the Combined Utilities. “Insurance Consultant” means an individual or firm selected by the City qualified to survey risks and to recommend insurance coverage for entities engaged in operations similar to those of the Combined Utilities and having a favorable reputation for skill and experience in making such surveys and recommendations. “Interest Payment Date” means the Stated Maturity of an installment of interest on any Bond. “Maturity” when used with respect to any Bond means the date on which the principal of such Bond becomes due and payable as therein and herein provided, whether on a principal payment date as provided in the Loan Contracts, at the Stated Maturity thereof or call for optional or mandatory redemption or otherwise. “Net Revenues Available for Debt Service” means, for the period of determination, all Revenues less all Expenses as determined in accordance with generally accepted accounting principles. “Ordinance” means this Ordinance as from time to time amended in accordance with the terms hereof. “Outstanding” means, when used with reference to Bonds, as of any particular date, all Bonds theretofore issued and delivered hereunder, except the following Bonds: Page 143 of 261 -6- (a) Bonds heretofore cancelled by the Paying Agent or delivered to the Paying Agent for cancellation; (b) Bonds deemed to be paid in accordance with the provisions of Section 1101 hereof; and (c) Bonds in exchange for or in lieu of which other Bonds have been registered and delivered hereunder. “Parity Bonds” means the 2020 Bonds, together with any additional parity bonds or other long- term obligations payable out of the net income and revenues of the Combined Utilities hereafter issued or incurred in accordance with the provisions of this Ordinance and standing on a parity and equality with the Bond with respect to the payment of principal and interest out of the net income and Revenues of the Combined Utilities, so long as any such bonds remain outstanding and unpaid or until provision is made for the payment and defeasance of such bonds. “Parity Ordinances” means the ordinances pursuant to which the Parity Bonds were issued, and this Ordinance, under which the outstanding Parity Bonds have been issued, and any other Ordinance under which any additional Parity Bonds are hereafter issued. “Paying Agent” means the Treasurer of the City of Grand Island, Nebraska and any successors and assigns. “Permitted Investments” means any of the following securities and obligations, if and to the extent the same are at the time legal for investment of the City’s money held in the funds referred to in Section 501 hereof: (a) United States Government Obligations; (b) bonds, notes or other obligations of any political subdivision of the State, that at the time of their purchase are rated in either of the two highest rating categories by a nationally recognized rating service; (c) repurchase agreements with any bank, bank holding company, savings and loan association, trust company, or other financial institution organized under the laws of the United States of America or any state, that are continuously and fully secured by any one or more of the securities described in clause (a) or (b) above and have a market value, exclusive of accrued interest, at all times at least equal to the principal amount of such repurchase agreement and are held in a custodial or trust account for the benefit of the City; (d) obligations of the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Financing Bank, the Federal Intermediate Credit Corporation, Federal Banks for Cooperatives, Federal Land Banks, Federal Home Loan Banks, Farmers Home Administration and Federal Home Loan Mortgage Corporation; (e) certificates of deposit or time deposits, whether negotiable or nonnegotiable, issued by any bank or trust company organized under the laws of the United States of America or any state, provided that such certificates of deposit or time deposits shall be either (1) continuously and fully insured by the Federal Deposit Insurance Corporation, or (2) continuously and fully secured by such securities as are described above in clauses (a) through (c) above, Page 144 of 261 -7- inclusive, which shall have a market value, exclusive of accrued interest, at all times at least equal to the principal amount of such certificates of deposit or time deposits; and (f) any other securities or investments that are lawful for the investment of money held in such funds or accounts under the laws of the State. “Person” means any natural person, corporation, partnership, firm, joint venture, association, joint-stock company, trust, unincorporated organization, or government or any agency or political subdivision thereof or other public body. “Redemption Date” when used with respect to any Bond to be redeemed means the date fixed for such redemption pursuant to the terms of this Ordinance. “Redemption Price” when used with respect to any Bond to be redeemed means the price at which such Bond is to be redeemed pursuant to the terms of this Ordinance, including the applicable redemption premium, if any, but excluding installments of interest whose Stated Maturity is on or before the Redemption Date. “Revenue Fund” means the fund by that name created by Section 501 hereof. “Revenues” means all rates, rentals, fees and charges, earnings, income, revenues, and other monies, from any source derived by the City through its ownership and the operation of the Combined Utilities, including, without limiting the generality of the foregoing, (i) all income, fees, charges, receipts, profits and other moneys derived from the sale, furnishing or supplying of the services, facilities, commodities of the Combined Utilities; (ii) the earnings on and the income from the investment of any moneys held in funds under this Ordinance; (iii) the earnings on and the income from the investment of other moneys derived from the ownership or operation of the Combined Utilities to the extent that such earnings and income are allocated by or pursuant to law to the Combined Utilities; (iv) special assessment payments and payments in aid of construction; (v) the proceeds derived by the City directly or indirectly from the sale, lease or other disposition of all or a part of the Combined Utilities, and the proceeds of insurance and condemnation awards received with respect to the Combined Utilities; (vi) any amounts deposited in escrow in connection with the acquisition, construction, remodeling, renovation and equipping of facilities to be applied during the period of determination to pay interest on Combined Revenue Bonds; and (vii) any other moneys of the City which are required by the provisions hereof to be applied to the payment of Bonds; provided, however, that Revenues shall not include (A) customers', deposits or any other deposits subject to refund, until such deposits have become the property of the City, (B) earnings on and income derived from the investment of moneys or Defeasance Obligations being held irrevocably for the retirement of indebtedness of the Combined Utilities, or (C) moneys deposited with the City by employees for employee benefit purposes. “Sewer System” means the entire wastewater treatment plant and facilities and sanitary sewer system owned and operated by the City for the collection, treatment and disposal of sewage, to serve the needs of the City and its inhabitants and others, including all appurtenances and facilities connected therewith or relating thereto, together with all extensions, improvements, additions and enlargements thereto hereafter made or acquired by the City. “State” means the State of Nebraska. “Stated Maturity” when used with respect to any Bond or any installment of interest thereon means the date specified in such Bond and this Ordinance as the fixed date on which the principal of such Bond or such installment of interest is due and payable. Page 145 of 261 -8- “Surplus Fund” means the fund by that name created by Section 501 hereof. “United States Government Obligations” means bonds, notes, certificates of indebtedness, treasury bills or other securities constituting direct obligations of, or obligations the principal of and interest on which are fully and unconditionally guaranteed as to full and timely payment by, the United States of America, including evidences of a direct ownership interest in future interest or principal payments on obligations issued or guaranteed by the United States of America (including the interest component of obligations of the Resolution Funding Corporation), or securities which represent an undivided interest in such obligations, which obligations are rated in the highest rating category by a nationally recognized rating service, and such obligations are held in a custodial or trust account for the benefit of the City. “Water System” means the entire waterworks plant and system owned and operated by the City for the production, storage, treatment and distribution of water, to serve the needs of the City and its inhabitants and others, including all appurtenances and facilities connected therewith or relating thereto, together with all extensions, improvements, additions and enlargements thereto hereafter made or acquired by the City. ARTICLE II AUTHORIZATION OF BONDS Section 201. Authorization of Bonds. (a) To provide for the payment of the costs of the Project, the City shall enter into the Loan Contract in substantially the form set forth in Exhibit A to this Ordinance, which exhibit is by such reference incorporated herein as if fully set forth; and (b) There shall be and there is hereby ordered issued the City’s Bonds as follows: the NDEE Note, issued as the City’s combined utilities revenue bond in the form of and evidenced by a single promissory note with NDEE in substantially such form as set forth in Attachment F to the Loan Contract in the principal amount of $4,500,000. The Bond shall have the payment terms provided in the Loan Contract. (c) The terms and conditions of the NDEE Note, the Loan Contract and the Project are hereby approved and the Mayor, City Administrator and City Clerk are hereby authorized to execute and deliver the NDEE Note and the Loan Contract for and on behalf of the City in substantially the form approved but with such changes from the forms presented and attached hereto as such officers shall deem appropriate for and on behalf of the City. (d) The Mayor, City Administrator and Clerk and any other officers of the City are hereby further authorized to take such further actions and to execute such certificates and other documents as shall be deemed necessary or appropriate by any of them in connection with the issuance and delivery of the NDEE Note and the Loan Contract. (e) For all purposes of this ordinance, the NDEE Note shall constitute revenue bonds of the City of Grand Island as authorized by Sections 18-1803 to 18-1805, R.R.S. Neb., as amended, and shall be included within the terms “bond” and “combined utilities revenue bond” where such inclusion is appropriate. Page 146 of 261 -9- ARTICLE III [RESERVED] ARTICLE IV SECURITY FOR BONDS Section 401. Security for Bonds. The Bond is a special obligation of the City payable solely from, and secured as to the payment of principal or Redemption Price of and interest by a pledge of, the net income and revenues derived from the operation of the Combined Utilities, after providing for the costs of operation and maintenance thereof, including operating income, investment income, gifts, bequests, contributions, grants and other money made available to the City with respect to the Combined Utilities from sources other than funds raised by taxation. The City hereby pledges such net income and revenues to the payment of the principal or Redemption Price of and interest on the Bonds. The Bond shall not be or constitute a general obligation of the City, nor shall it constitute an indebtedness of the City within the meaning of any constitutional, statutory or charter provision, limitation or restriction, and the taxing power of the City is not pledged to the payment of the Bond, either as to principal, Redemption Price or interest. The Bond shall stand on a parity and be equally and ratably secured with respect to the payment of principal or Redemption Price and interest from the net income and revenues derived from the operation of the Combined Utilities and in all other respects with any Parity Bonds. The Bond shall not have any priority with respect to the payment of principal, Redemption Price or interest from such net income and revenues or otherwise over the Parity Bonds and the Parity Bonds shall not have any priority with respect to the payment of principal or interest from such net income and revenues or otherwise over the Bond. ARTICLE V FUNDS; DEPOSIT AND APPLICATION OF BOND PROCEEDS AND OTHER MONEY Section 501. Establishment of Funds. There are hereby created or ratified and ordered to be established and maintained in the treasury of the City the following separate funds to be known respectively as follows: (a) Combined Utilities Fund (the “Revenue Fund”). (b) Debt Service Fund for the NDEE Note (the “Debt Service Fund”). (c) Combined Utilities Surplus Fund (the “Surplus Fund”). The funds referred to in Sections 501(a) through (c), inclusive, hereof shall be maintained and administered by the City solely for the purposes and in the manner as provided in this Ordinance so long as the Bond remains Outstanding within the meaning of this Ordinance. Page 147 of 261 -10- Section 502. Deposit of Bond Proceeds and Other Money. The net proceeds of the Bond, when received from time to time, shall be used to pay the costs of the Project as set forth in the Loan Contract. ARTICLE VI APPLICATION OF REVENUES Section 601. Revenue Fund. The City covenants and agrees that from and after the delivery of the Bond, and continuing as long the Bond remains Outstanding hereunder, all of the revenues derived and collected from the operation of the Combined Utilities shall as and when received be paid and deposited into the Revenue Fund. Such revenues shall be segregated and kept separate and apart from all other money, revenues, funds and accounts of the City and shall not be commingled with any other money, revenues, funds and accounts of the City. The Revenue Fund shall be administered and applied solely for the purposes and in the manner provided in this Ordinance. Section 602. Application of Money in Funds. The City covenants and agrees that from and after the delivery of the Bond and continuing so long the Bond shall remain Outstanding, it will on the first day of each month administer and allocate all of the money then held in the Revenue Fund as follows: (a) Operation and Maintenance. There shall first be paid and credited from month to month as a first charge against the Revenue Fund the Expenses of the Combined Utilities as the same become due and payable. (b) Debt Service Fund. There shall next be paid and credited monthly to the Debt Service Fund, to the extent necessary to meet on each Bond Payment Date the payment of all interest on and principal of the Bond, the following sums: Commencing on the first day of the month which is twelve months preceding the first payment date of the Bond (or such other date as may be determined by the City Administrator, the “Initial Deposit Date”), and continuing on the corresponding day of each month thereafter an amount which, when combined with additional equal monthly amounts to be deposited pursuant to this subparagraph prior to the next falling Interest Payment Date, will be sufficient to provide funds to pay the installment of principal and interest due with respect to the Bond on such Interest Payment Date; provided, however, that the terms of the Loan Contact shall control to the extent inconsistent with the foregoing. The amounts required to be paid and credited to the Debt Service Fund pursuant to this Section 602(b) shall be made at the same time and on a parity with the amounts at the time required to be paid and credited to the debt service funds established for the payment of principal and interest on Parity Bonds under the provisions of the Parity Ordinances. Any amounts deposited in the Debt Service Fund as accrued interest or as capitalized interest in accordance with Section 502(a) hereof shall be credited against the City’s payment obligations as set forth in this Section 602(b)(1). Page 148 of 261 -11- All amounts paid and credited to the Debt Service Fund shall be expended and used by the City for the sole purpose of paying the interest on and principal of the Bonds as and when the same become due at Maturity and on each Interest Payment Date. If at any time the money in the Revenue Fund is insufficient to make in full the payments and credits at the time required to be made to the Debt Service Fund and on any Parity Bonds, the available money in the Revenue Fund shall be divided among such debt service funds in proportion to the respective principal amounts of such series of bonds at the time outstanding which are payable from the money in such debt service funds. (c) Debt Service Reserve Fund. The amounts required to be paid and credited to the debt service reserve funds established for the Parity Bonds under the provisions of the Parity Ordinances. (d) Surplus Fund. After all payments and credits required at the time to be made under the provisions of Sections 602(a), (b) and (c) hereof have been made, all money remaining in the Revenue Fund shall be paid and credited to the Surplus Fund. Money in the Surplus Fund may be expended and used for the following purposes as determined by the governing body of the City: (1) Paying the cost of the operation, maintenance and repair of the Combined Utilities to the extent that may be necessary after the application of the money as provided in Section 602(a) hereof; (2) Paying the cost of extending, enlarging or improving the Combined Utilities; (3) Preventing default in, anticipating payments into or increasing the amounts in the Debt Service Fund or the Debt Service Reserve Fund referred to in Sections 602(b) and (c) hereof, or any one of them, or establishing or increasing the amount of any debt service fund or debt service reserve fund created by the City for the payment of any Parity Bonds; (4) Calling, redeeming and paying prior to Stated Maturity, or, at the option of the City, purchasing in the open market at the best price obtainable not exceeding the redemption price (if any Bonds are callable), the Bonds or any Parity Bonds, including principal or redemption price and interest; (5) Any other lawful purpose in connection with the operation of the Combined Utilities and benefiting the Combined Utilities; or (6) For the general governmental and municipal functions of the City; provided, however, that no such withdrawal from such Surplus Fund and payment into the general fund of the City for the general governmental and municipal functions of the City shall be made to the extent such payment treated as an operating expense would reduce the Net Revenues Available for Debt Service for the preceding fiscal year (determined in accordance with generally accepted accounting principles applied on a consistent basis) to less than 110% of the annual Debt Service Requirement upon the Bonds and all Parity Bonds in such fiscal year, or at a time when the City shall be in default in the performance of any such covenant or agreement. Page 149 of 261 -12- (e) Deficiency of Payments into Funds. If at any time the revenues derived from the operation of the Combined Utilities are insufficient to make any payment on the date or dates hereinbefore specified, the City will make good the amount of such deficiency by making additional payments or credits out of the first available revenues thereafter received from the operation of the Combined Utilities, such payments and credits being made and applied in the order hereinbefore specified in this Section 602. Section 603. Transfer of Funds to Paying Agent. The Treasurer is hereby authorized and directed to withdraw from the Debt Service Fund, and, to the extent necessary to prevent a default in the payment of the principal of or interest on the Bonds, from the Debt Service Reserve Fund and the Surplus Fund as provided in Section 602 hereof, sums sufficient to pay the principal of and interest on the Bonds as and when the same become due on any Bond Payment Date, and to forward such sums to the Paying Agent in a manner which ensures the Paying Agent will have available funds in such amounts on or before the Business Day immediately preceding each Bond Payment Date. If, through lapse of time, or otherwise, the registered owners of Bonds are no longer entitled to enforce payment of their obligations, it shall be the duty of the Paying Agent forthwith to return such funds to the City. All money deposited with the Paying Agent shall be deemed to be deposited in accordance with and subject to all of the provisions contained in this Ordinance. Section 604. Payments Due on Saturdays, Sundays and Holidays. In any case where a Bond Payment Date is not a Business Day, then payment of principal, Redemption Price or interest need not be made on such Bond Payment Date but may be made on the next succeeding Business Day with the same force and effect as if made on such Bond Payment Date, and no interest shall accrue for the period after such Bond Payment Date. ARTICLE VII DEPOSIT AND INVESTMENT OF MONEY Section 701. Deposit and Investment of Money. (a) Money in each of the funds and accounts created by and referred to in this Ordinance shall be deposited in a bank or banks located in the State that are members of the Federal Deposit Insurance Corporation. All such deposits shall be continuously and adequately secured by the banks holding such deposits as provided by the laws of the State. (b) Money held in any fund or account referred to in this Ordinance may be invested in Permitted Investments; provided, however, that no such investment shall be made for a period extending longer than the date when the money invested may be needed for the purpose for which such fund or account was created. All earnings on any investments held in any fund or account shall accrue to and become a part of such fund or account, provided that, during the period of construction of the extensions and improvements to the Combined Utilities, all earnings on the investment of such funds shall be credited to the applicable project fund. All earnings on investments held in any Debt Service Reserve Fund shall accrue to and become a part of such Fund until the amount on deposit in such Fund shall aggregate the Debt Service Reserve Requirement; thereafter, all such earnings shall be credited to the Debt Service Fund. In determining the amount held in any fund or account under any of the provisions of this Ordinance, obligations shall be valued at the lower of the cost or the market value thereof; provided, however, that investments held in any Debt Service Reserve Fund shall be valued at market value only. If and when the amount held in any fund or account shall be in excess of the amount required by the provisions of this Ordinance, the City shall direct that such excess be paid and credited to the Debt Page 150 of 261 -13- Service Fund, provided that, during the period of acquisition and construction of the extensions and improvements to the Combined Utilities, such excess shall be paid and credited to the applicable project fund. (c) So long as any of the Parity Bonds remain outstanding and unpaid, any investments made pursuant to this Section 701 shall be subject to any restrictions in the Parity Ordinance with respect to the funds and accounts created by and referred to in the Parity Ordinance. ARTICLE VIII GENERAL COVENANTS AND PROVISIONS The City covenants and agrees with each of the registered owners of any of the Bonds that so long as any of the Bonds remain Outstanding and unpaid it will comply with each of the following covenants: Section 801. Efficient and Economical Operation. The City will continuously own and will operate the Combined Utilities as revenue producing facilities in an efficient and economical manner and will keep and maintain the same in good repair and working order. The City will establish and maintain such rules and regulations for the use of the Combined Utilities as may be necessary to assure maximum utilization and most efficient operation of the Combined Utilities. Section 802. Rate Covenant. The City in accordance with and subject to applicable legal requirements will fix, establish, maintain and collect such rates and charges for the use and services furnished by or through the Combined Utilities as will produce revenues sufficient to (a) pay the costs of the operation and maintenance of the Combined Utilities; (b) pay the principal of and interest on the Bonds as and when the same become due at the Maturity thereof or on any Interest Payment Date; and (c) enable the City to have in each fiscal year Net Revenues Available for Debt Service not less than 110% of the Debt Service Requirements for such fiscal year. The City will require the prompt payment of accounts for service rendered by or through the Combined Utilities and will promptly take whatever action is legally permissible to enforce and collect delinquent charges. The City will, from time to time as often as necessary, in accordance with and subject to applicable legal requirements, revise the rates and charges in such manner as may be necessary or proper so that the Net Revenues Available for Debt Service will be sufficient to cover the obligations under this Section 802 and otherwise under the provisions of this Ordinance. If in any fiscal year Net Revenues Available for Debt Service are an amount less than as hereinbefore provided, the City will immediately employ a Consultant to make recommendations with respect to such rates and charges. A copy of the Consultant’s report and recommendations shall be filed with the City Clerk and the Original Purchaser of the Bonds and shall be furnished to any registered owner of the Bonds requesting a copy of the same, at the cost of such registered owner. The City shall, to the extent feasible, follow the recommendations of the Consultant. Section 803. Reasonable Charges for all Services. None of the facilities or services provided by the Combined Utilities will be furnished to any user without a reasonable charge being made therefor. Section 804. Restrictions on Mortgage or Sale of Combined Utilities. The City will not mortgage, pledge or otherwise encumber the Combined Utilities or any part thereof, nor will it sell, lease or otherwise dispose of the Combined Utilities or any material part thereof; provided, however, the City may: Page 151 of 261 -14- (a) sell at fair market value any portion of the Combined Utilities which has been replaced by other similar property of at least equal value, or which ceases to be necessary for the efficient operation of the Combined Utilities, and in the event of sale, the City will apply the proceeds to either (1) redemption of Outstanding Bonds in accordance with the provisions governing repayment of Bonds in advance of Stated Maturity, or (2) replacement of the property so disposed of by other property the revenues of which shall be incorporated into the Combined Utilities as hereinbefore provided; (b) cease to operate, abandon or otherwise dispose of any property which has become obsolete, nonproductive or otherwise unusable to the advantage of the City; (c) lease, (1) as lessor, any real or personal property which is unused or unimproved, or which has become obsolete, nonproductive or otherwise unusable to the advantage of the City, or which is being acquired as a part of a lease/purchase financing for the acquisition and/or improvement of such property; and/or (2) as lessee, with an option of the City to purchase, any real or personal property for the extension and improvement of the Combined Utilities. Property being leased as lessor and/or lessee pursuant to this subsection (c) shall not be treated as part of the Combined Utilities for purposes of this Section 804 and may be mortgaged, pledged or otherwise encumbered; (d) grant a security interest in equipment to be purchased with the proceeds of any loan, lease or other obligation undertaken in accordance with Article IX hereof; or (e) sell, lease or convey all or substantially all of the Combined Utilities to another entity or enter into a management contract with another entity if: (1) The transferee entity is a political subdivision organized and existing under the laws of the State, or instrumentality thereof, or an organization described in Section 501(c)(3) of the Code, and expressly assumes in writing the due and punctual payment of the principal or redemption price of and interest on all outstanding Combined Revenue Bonds according to their tenor, and the due and punctual performance and observance of all of the covenants and conditions of this Ordinance; (2) If there remains unpaid any Combined Revenue Bond which bears interest that is not includable in gross income under the Code, the City receives an opinion of Bond Counsel, in form and substance satisfactory to the City, to the effect that under then existing law the consummation of such sale, lease or conveyance, whether or not contemplated on any date of the delivery of such Combined Revenue Bond, would not cause the interest payable on such Combined Revenue Bond to become includable in gross income under the Code; (3) The City receives a certificate of the Consultant which demonstrates and certifies that immediately upon such sale or conveyance the transferee entity will not, as a result thereof, be in default in the performance or observance of any covenant or agreement to be performed or observed by it under this Ordinance; (4) Such transferee entity possesses such licenses to operate the Combined Utilities as may be required if it is to operate the Combined Utilities; and (5) The City receives an opinion of Bond Counsel, in form and substance satisfactory to the City, as conclusive evidence that any such sale, lease or conveyance, Page 152 of 261 -15- and any such assumption, is permitted by law and complies with the provisions of this Section 804. Section 805. Insurance. The City will carry and maintain insurance with respect to the Combined Utilities and its operations against such casualties, contingencies and risks (including but not limited to property and casualty, fire and extended coverage insurance upon all of the properties forming a part of the Combined Utilities insofar as the same are of an insurable nature, public liability, business interruption or use and occupancy insurance, worker’s compensation and employee dishonesty insurance), such insurance to be of the character and coverage and in such amounts as would normally be carried by other enterprises engaged in similar activities of comparable size and similarly situated. In the event of loss or damage, the City, with reasonable dispatch, will use the proceeds of such insurance in reconstructing and replacing the property damaged or destroyed, or in paying the claims on account of which such proceeds were received, or if such reconstruction or replacement is unnecessary or impracticable, then the City will pay and deposit the proceeds of such insurance into the Revenue Fund. The City will annually review the insurance it maintains with respect to the Combined Utilities to determine that it is customary and adequate to protect its property and operations. The City may elect to be self-insured for all or any part of the foregoing requirements if (a) the City annually obtains a written evaluation with respect to such self-insurance program from an Insurance Consultant, (b) the evaluation is to the effect that the self-insurance program is actuarially sound, (c) unless the evaluation states that such reserves are not necessary, the City deposits and maintains adequate reserves for the self-insurance program with a corporate trustee, who may be the Paying Agent, and (d) in the case of workers’ compensation, adequate reserves created by the City for such self-insurance program are deposited and maintained in such amount and manner as are acceptable to the State. The City shall pay any fees and expenses of such Insurance Consultant in connection therewith. The cost of all insurance obtained pursuant to the requirements of this Section 805 shall be paid as an Expense out of the Revenues of the Combined Utilities. Section 806. Books, Records and Accounts. The City will install and maintain proper books, records and accounts (entirely separate from all other records and accounts of the City) in which complete and correct entries will be made of all dealings and transactions of or in relation to the Combined Utilities. Such accounts shall show the amount of Revenues received from the Combined Utilities, the application of such Revenues, and all financial transactions in connection therewith. Such books shall be kept by the City according to standard accounting practices as applicable to the operation of facilities comparable to the Combined Utilities. Section 807. Annual Budget. Prior to the commencement of each fiscal year, the City will cause to be prepared and filed with the City Clerk a budget setting forth the estimated receipts and expenditures of the Combined Utilities for the next succeeding fiscal year. Such annual budget shall be prepared in accordance with the requirements of the laws of the State and shall contain all information that is required by such laws. Section 808. Annual Audit. Annually, promptly after the end of the fiscal year, the City will cause an audit to be made which includes the operating results of the Combined Utilities for the preceding fiscal year by a certified public accountant or firm of certified public accountants. Such annual audit may be integrated within the City’s general audit. Section 809. Tax Covenants. The Mayor and Council hereby expressly declare the intent and understanding that interest on the Bonds shall not be excludable from gross income under the terms of Section 103 of the Internal Revenue Code of 1986, as amended, and the City as issuer shall not file any information report with respect to the issuance of the Bonds pursuant to Section 149(e) of said Code. Page 153 of 261 -16- ARTICLE IX ADDITIONAL BONDS AND OBLIGATIONS Section 901. Senior Lien Bonds. The City covenants and agrees that so long as any of the Bonds remain Outstanding, the City will not issue any additional bonds or incur or assume any other debt obligations appearing as liabilities on the balance sheet of the City for the payment of money determined in accordance with generally accepted accounting principles including capital leases as defined by generally accepted accounting principles, payable out of the net income and revenues of the Combined Utilities or any part thereof which are superior to the Bonds. Section 902. Parity Lien Bonds. The City covenants and agrees that so long as any of the Bonds remain Outstanding, it will not issue any additional Parity Bonds payable out of the net income and revenues of the Combined Utilities or any part thereof which stand on a parity or equality with the Bonds (“Parity Bonds”) unless the following conditions are met: (a) The City shall not be in default in the payment of principal of or interest on any Bonds or any Parity Bonds at the time outstanding or in making any payment at the time required to be made into the respective funds and accounts created by and referred to in this Ordinance or any Parity Ordinance (unless such additional revenue bonds or obligations are being issued to provide funds to cure such default); and (b) Based upon the most recent audited financial statement of the City, the Net Revenues Available for Debt Service derived by the City from the operation of the Combined Utilities, for the fiscal year immediately preceding the issuance of additional bonds shall have been equal to at least 125% of the Average Annual Debt Service with respect to all Combined Revenue Bonds of the City, including the Combined Revenue Bonds proposed to be issued. In the event that the Mayor and Council determine it necessary and advisable for the City to issue Parity Bonds and the audit for the fiscal year next preceding the date of authorization of such Parity Bonds is not yet available, the City may issue such Parity Bonds if the audit for the fiscal year immediately preceding such next preceding fiscal year shows that the Net Revenues Available for Debt Service derived by the City from the operation of the Combined Utilities for such fiscal year shall have been equal to 125% of the Average Annual Debt Service with respect to all Combined Revenue Bonds of the City, including the Combined Revenue Bonds proposed to be issued if the City Treasurer certifies that the unaudited books and records of the Combined Utilities for the fiscal year next preceding the date of authorization of such Parity Bonds do not show any variance in operating results which would be sufficient to evidence a reduction in debt service coverage below 125% of the Average Annual Debt Service of all Combined Revenue Bonds of the City, including the Combined Revenue Bonds proposed to be issued. In the event any change in the rates, rentals and charges for the use and service of the Combined Utilities or any part thereof has been made during the preceding fiscal year or during the interval between the end of such fiscal year and the issuance of such Parity Bonds, or in the event the City shall covenant in the ordinance or resolution authorizing the issuance of such Parity Bonds to impose, effective upon the issuance of such Parity Bonds, higher rates, rentals and charges for such use and service, compliance with the provisions of this Section 902 may be evidenced by a certificate of a Consultant or Certified Public Accountant or firm of independent Certified Public Accountants to be filed with the City Clerk prior to the issuance of any such Parity Bonds. Such certificate shall state fully the facts upon which such certificate is based, and Page 154 of 261 -17- if it is a certificate of the Consultant shall have attached thereto the certified financial statement for the fiscal year next preceding the date of authorization of such Parity Bonds used by the Consultant in arriving at the conclusion stated in such certificate. The Consultant or independent Certified Public Accountant shall, in determining the Net Revenues Available for Debt Service for such fiscal year, adjust the collections to reflect the result as if such changed rates, rentals and charges, or such higher rates, rentals and charges had been in existence for such entire preceding fiscal year period, and the amount of such net collections and adjusted earnings as provided shall be conclusive evidence and the only evidence required to show compliance with the provisions and requirements of this Section 902. If the Council determines that the Net Revenues Available for Debt Service for the fiscal year next preceding the date of the authorization of such Parity Bonds, based upon a certified public accountant’s report, comply without adjustment with the requirements of this Section 902, no certificate from a Consultant or firm of engineers or Certified Public Accountant or firm of independent Certified Public Accountants shall be required to evidence compliance with the provisions of this Section 902. Additional revenue bonds of the City issued under the conditions set forth in this Section 902 shall stand on a parity with the Bonds and shall enjoy complete equality or lien on and claim against the net revenues of the Combined Utilities with the Bonds, and the City may make equal provision for paying such bonds and the interest thereon out of the Revenue Fund and may likewise provide for the creation of reasonable debt service funds and debt service reserve funds for the payment of such additional bonds and the interest thereon out of money in the Revenue Fund. Section 903. Junior Lien Bonds and Other Obligations. Nothing in this Section 903 contained shall prohibit or restrict the right of the City to issue additional revenue bonds or other revenue obligations for any lawful purpose in connection with the operation of the facility and benefiting the Combined Utilities and to provide that the principal of and interest on such revenue bonds or obligations shall be payable out of the revenues of the Combined Utilities, provided at the time of the issuance of such additional revenue bonds or obligations the City is not in default in the performance of any covenant or agreement contained in this Ordinance (unless such additional revenue bonds or obligations are being issued to provide funds to cure such default), and provided further that such additional revenue bonds or obligations shall be junior and subordinate to the Bonds so that if at any time the City shall be in default in paying either interest on or principal of the Bonds, or if the City is in default in making any payments required to be made by it under the provisions of Sections 602(a), (b) and (c) hereof, the City shall make no payments of either principal of or interest on such junior and subordinate revenue bonds or obligations until such default or defaults be cured. In the event of the issuance of any such junior and subordinate revenue bonds or obligations, the City, subject to the provisions of this Ordinance, may make provision for paying the principal of and interest on such revenue bonds or obligations out of money in the Revenue Fund. Section 904. Refunding Bonds. The City shall have the right, without complying with the provisions of Section 902 hereof, to refund any of the Bonds under the provisions of any law then available, and the refunding bonds so issued shall enjoy complete equality of pledge with any of the Bonds which are not refunded, if any, upon the revenues of the Combined Utilities; provided, however, that if only a portion of the Bonds are refunded and if such Bonds are refunded in such manner that the refunding bonds bear a higher average rate of interest or become due on a date earlier than that of the Bonds which are refunded, then such Bonds may be refunded without complying with the provisions of Section 902 hereof only by and with the written consent of the registered owners of a majority in principal amount of the Bonds not refunded. Page 155 of 261 -18- ARTICLE X DEFAULT AND REMEDIES Section 1001. Remedies Upon Default. The provisions of this Ordinance, including the covenants and agreements herein contained, shall constitute a contract between the City and the registered owners of the Bonds, and the registered owner or owners of not less than 10% in aggregate principal amount of the Bonds at the time Outstanding shall have the right for the equal benefit and protection of all registered owners of Bonds similarly situated: (a) by mandamus or other suit, action or proceedings at law or in equity to enforce the rights of such registered owner or owners against the City and its officers, agents and employees, and to require and compel duties and obligations required by the provisions of this Ordinance or by the Constitution and laws of the State; (b) by suit, action or other proceedings in equity or at law to require the City, its officers, agents and employees to account as if they were the trustees of an express trust; and (c) by suit, action or other proceedings in equity or at law to enjoin any acts or things which may be unlawful or in violation of the rights of the registered owners of the Bonds. Section 1002. Limitation on Rights of Registered Owners. No one or more registered owners secured hereby shall have any right in any manner whatever by his or their action to affect, disturb or prejudice the security granted and provided for herein, or to enforce any right hereunder, except in the manner herein provided, and all proceedings at law or in equity shall be instituted, had and maintained for the equal benefit of all registered owners of such Outstanding Bonds. Section 1003. Remedies Cumulative. No remedy conferred herein upon the registered owners is intended to be exclusive of any other remedy, but each such remedy shall be cumulative and in addition to every other remedy and may be exercised without exhausting and without regard to any other remedy conferred herein. No waiver of any default or breach of duty or contract by the registered owner of any Bond shall extend to or affect any subsequent default or breach of duty or contract or shall impair any rights or remedies consequent thereon. No delay or omission of any registered owner to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein. Every substantive right and every remedy conferred upon the registered owners of the Bonds by this Ordinance may be enforced and exercised from time to time and as often as may be deemed expedient. If any suit, action or proceedings taken by any registered owner on account of any default or to enforce any right or exercise any remedy has been discontinued or abandoned for any reason, or has been determined adversely to such registered owner, then, and in every such case, the City and the registered owners of the Bonds shall be restored to their former positions and rights hereunder, respectively, and all rights, remedies, powers and duties of the registered owners shall continue as if no such suit, action or other proceedings had been brought or taken. Section 1004. No Obligation to Levy Taxes. Nothing contained in this Ordinance shall be construed as imposing on the City any duty or obligation to levy any taxes either to meet any obligation incurred herein or to pay the principal of or interest on the Bonds. Page 156 of 261 -19- ARTICLE XI DEFEASANCE Section 1101. Defeasance. When any or all of the Bonds or the interest payments thereon have been paid and discharged, then the requirements contained in this Ordinance and the pledge of revenues made hereunder and all other rights granted hereby shall terminate with respect to the Bonds so paid and discharged. Bonds or the interest payments thereon shall be deemed to have been paid and discharged within the meaning of this Ordinance if there has been deposited with the Paying Agent, or other commercial bank or trust company located in the State and having full trust powers, at or prior to the Stated Maturity or Redemption Date of such Bonds, in trust for and irrevocably appropriated thereto, money and/or Defeasance Obligations which, together with the interest to be earned thereon, will be sufficient for the payment of the principal or Redemption Price of such Bonds, and/or interest to accrue on such Bonds to the Stated Maturity or Redemption Date, as the case may be, or if default in such payment shall have occurred on such date, then to the date of the tender of such payments; provided, however, that if any such Bonds shall be redeemed prior to the Stated Maturity thereof, (a) the City shall have elected to redeem such Bonds, and (b) either notice of such redemption shall have been given, or the City shall have given irrevocable instructions, or shall have provided for an escrow agent to give irrevocable instructions, to the Paying Agent to redeem such Bonds in compliance with Section 302(a) hereof. Any money and Defeasance Obligations that at any time shall be deposited with the Paying Agent or other commercial bank or trust company by or on behalf of the City, for the purpose of paying and discharging any of the Bonds or the interest payments thereon, shall be and are hereby assigned, transferred and set over to the Paying Agent or other bank or trust company in trust for the respective registered owners of the Bonds, and such money shall be and are hereby irrevocably appropriated to the payment and discharge thereof. All money and Defeasance Obligations deposited with the Paying Agent or other bank or trust company shall be deemed to be deposited in accordance with and subject to all of the provisions contained in this Ordinance. ARTICLE XII MISCELLANEOUS PROVISIONS Section 1201. Amendments. The rights and duties of the City and the registered owners, and the terms and provisions of the Bonds or of this Ordinance, may be amended or modified at any time in any respect by Ordinance of the City with the written consent of the registered owners of not less than a majority in principal amount of the Bonds then Outstanding, such consent to be evidenced by an instrument or instruments executed by such registered owners and duly acknowledged or proved in the manner of a deed to be recorded, and such instrument or instruments shall be filed with the City Clerk, but no such modification or alteration shall: (a) extend the maturity of any payment of principal or interest due upon any Bond; (b) effect a reduction in the amount which the City is required to pay by way of principal of or interest on any Bond; (c) permit the creation of a lien on the revenues of the Combined Utilities prior or equal to the lien of the Bonds or Parity Bonds; (d) permit preference or priority of any Bonds over any other Bonds; or Page 157 of 261 -20- (e) reduce the percentage in principal amount of Bonds required for the written consent to any modification or alteration of the provisions of this Ordinance. Any provision of the Bonds or of this Ordinance may, however, be amended or modified by Ordinance duly adopted by the governing body of the City at any time in any respect with the written consent of the registered owners of all of the Bonds at the time Outstanding. Every amendment or modification of the provisions of the Bonds or of this Ordinance shall be expressed in an ordinance adopted by the governing body of the City amending or supplementing the provisions of this Ordinance and shall be deemed to be a part of this Ordinance. A certified copy of every such amendatory or supplemental Ordinance, if any, and a certified copy of this Ordinance shall always be kept on file in the office of the City Clerk, shall be made available for inspection by the registered owner of any Bond or a prospective purchaser or owner of any Bond authorized by this Ordinance, and upon payment of the reasonable cost of preparing the same, a certified copy of any such amendatory or supplemental Ordinance or of this Ordinance will be sent by the City Clerk to any such registered owner or prospective registered owner. Any and all modifications made in the manner hereinabove provided shall not become effective until there has been filed with the City Clerk a copy of the Ordinance of the City hereinabove provided for, duly certified, as well as proof of any required consent to such modification by the registered owners of the Bonds then Outstanding. It shall not be necessary to note on any of the Outstanding Bonds any reference to such amendment or modification. The City shall furnish to the Paying Agent a copy of any amendment to the Bonds or this Ordinance made hereunder which affects the duties or obligations of the Paying Agent under this Ordinance. Section 1202. Notices, Consents and Other Instruments by Registered Owners. Any notice, consent, request, direction, approval, objection or other instrument required by this Ordinance to be signed and executed by the registered owners may be in any number of concurrent writings of similar tenor and may be signed or executed by such registered owners in person or by agent appointed in writing. Proof of the execution of any such instrument or of the writing appointing any such agent and of the ownership of Bonds, if made in the following manner, shall be sufficient for any of the purposes of this Ordinance, and shall be conclusive in favor of the City and the Paying Agent with regard to any action taken, suffered or omitted under any such instrument, namely: (a) The fact and date of the execution by any person of any such instrument may be proved by a certificate of any officer in any jurisdiction who by law has power to take acknowledgments within such jurisdiction that the person signing such instrument acknowledged before such officer the execution thereof, or by affidavit of any witness to such execution; and (b) The fact of ownership of Bonds, the amount or amounts, numbers and other identification of Bonds, and the date of holding the same shall be proved by the Bond Register. In determining whether the registered owners of the requisite principal amount of Bonds Outstanding have given any request, demand, authorization, direction, notice, consent or waiver under this Ordinance, Bonds owned by the City shall be disregarded and deemed not to be Outstanding under this Ordinance, except that, in determining whether the registered owners shall be protected in relying upon any such request, demand, authorization, direction, notice, consent or waiver, only Bonds which the registered owners know to be so owned shall be so disregarded. Notwithstanding the foregoing, Bonds so owned which have been pledged in good faith shall not be disregarded as provided if the pledgee Page 158 of 261 -21- establishes to the satisfaction of the registered owners the pledgee’s right so to act with respect to such Bonds and that the pledgee is not the City. Section 1203. Electronic Transactions. The transactions described herein may be conducted and this Ordinance and related documents may be sent, received and stored by electronic means. All closing documents, certificates, and related instruments may be executed by electronic transmission. Copies, telecopies, facsimiles, electronic files and other reproductions of original executed documents (or documents executed by electronic transmission) shall be deemed to be authentic and valid counterparts of such documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law. Section 1204. Further Authority. The officers of the City, including the Mayor and City Clerk, shall be, and they hereby are, authorized and directed to execute all documents and take such actions as they may deem necessary or advisable in order to carry out and perform the purposes of this Ordinance and to make ministerial alterations, changes or additions in the foregoing agreements, statements, instruments and other documents herein approved, authorized and confirmed which they may approve and the execution or taking of such action shall be conclusive evidence of such necessity or advisability. Section 1205. Severability. If any section or other part of this Ordinance, whether large or small, is for any reason held invalid, the invalidity thereof shall not affect the validity of the other provisions of this Ordinance. Section 1206. Governing Law. This Ordinance shall be governed by and constructed in accordance with the applicable laws of the State. Section 1207. Effective Date. This Ordinance is hereby determined to be a measure necessary to carry out the City’s contractual obligations with respect to the Refunded Bonds. This Ordinance shall take effect and be in full force from and after its passage by the Mayor and Council and approval by the Mayor and publication in pamphlet form as provided by law. Page 159 of 261 PASSED AND ADOPTED: November 7, 2023. CITY OF GRAND ISLAND, NEBRASKA (SEAL) By: Mayor ATTEST: By: Clerk Page 160 of 261 A-1 EXHIBIT A TO ORDINANCE (FORM OF LOAN CONTRACT) Page 161 of 261 Loan: D311690 Page 1 Loan Version: 10:07.05.2023 City of Grand Island LOAN AGREEMENT (Governmental Borrower) Between the NEBRASKA DEPARTMENT OF ENVIRONMENT AND ENERGY And CITY OF GRAND ISLAND, NEBRASKA NDEE PROJECT NO. D311690 DATED AS OF ____________________ DRAFT COPY FOR REVIEW - UNOFFICIAL FUNDING OFFER CONTINGENT ON THE APPROVAL OF THE SFY 2024 INTENDED USE PLAN BY THE NEBRASKA ENVIRONMENTAL QUALITY COUNCIL. PLEASE SEE EMAIL FOR MORE INFORMATION. ATTACHMENTS E, F, and I.02 ARE NEEDED BEFORE LOAN CAN BE SIGNED. Page 162 of 261 Loan: D311690 Page 2 Loan Version: 10:07.05.2023 City of Grand Island LOAN AGREEMENT BETWEEN THE NEBRASKA DEPARTMENT OF ENVIRONMENT AND ENERGY AND THE CITY OF GRAND ISLAND, NEBRASKA PROJECT NO. D311690 This LOAN AGREEMENT with SRF Number D311690 (hereinafter “Loan Agreement”) is entered into by and between the State of Nebraska, acting by and through the Nebraska Department of Environment and Energy (hereinafter “NDEE”) and the City of Grand Island, Nebraska (hereinafter “Borrower” or “City”). WITNESSETH THAT WHEREAS, the federal Safe Drinking Water Act, including the Safe Drinking Water Amendments Act of 1996, and all amendment thereto (hereinafter “Federal Act”) established a state revolving fund program; and WHEREAS, to fund the state revolving fund program, the United States (US) Environmental Protection Agency (hereinafter “EPA”) will make annual capitalization grants to the states under Catalog of Federal Domestic Assistance (CFDA) #66.468 for Safe Drinking Water State Revolving Funds, on the condition that each state provide an appropriate match for such state’s revolving fund; and WHEREAS, Nebraska Revised State Statute (Neb. Rev. Stat.) §71 5318 empowers the Director of the NDEE to loan available funds in the Drinking Water Facilities Loan Fund (hereinafter “Fund”) to borrowers pursuant to the Drinking Water State Revolving Fund Act (hereinafter “Act”) and rules and regulations adopted under such Act; and WHEREAS, under the Act, the Director of the NDEE is given the responsibility for administration and management of the Loan Fund; and WHEREAS, the Nebraska Investment Finance Authority (hereinafter “NIFA”) is authorized under the Act and Neb. Rev. Stat. §58 201 et seq. to issue revenue bonds for the purpose of financing projects as defined under the Act, including to provide funds for the NDEE to borrowers and satisfy the state match requirements of the Federal Act; and WHEREAS, pursuant to such authorization, NIFA proposes to issue from time to time its Drinking Water State Revolving Loan Fund Revenue Bonds for the purpose of providing funds to the NDEE to loan to persons owning or operating Public Water Systems in Nebraska to pay those eligible portions of the costs of acquiring, constructing, improving, repairing, rehabilitating or extending safe drinking water projects (as defined in the Act), in order to provide the state match requirements of the Federal Act; and WHEREAS, the NDEE may from time to time enter into a pledge agreement with NIFA (hereinafter “Pledge Agreement”), pursuant to which the NDEE will pledge the interest portion of Loan Repayments (as defined herein) and certain other revenues to NIFA for the payment of the principal of, redemption premium, if any, and interest on Drinking Water State Revolving Fund Revenue Bonds which may be issued by NIFA from time to time; and WHEREAS, the Borrower is an “Owner” as defined in Neb. Rev. Stat. §71 5316(7); and WHEREAS, the project to be financed under this Loan Agreement and described in Exhibit 1 (hereinafter “Project”) is an eligible project under the Act; and WHEREAS, the project costs (as defined herein) are based upon estimates of the Borrower and at times during or at completion of construction the loan amount may be adjusted by the NDEE pursuant to Section 2.01 of this Loan Agreement; and WHEREAS, the Borrower is listed in the NDEE Intended Use Plan; and Page 163 of 261 Loan: D311690 Page 3 Loan Version: 10:07.05.2023 City of Grand Island WHEREAS, the NDEE has approved the Borrower’s application for a loan from federal funds and the state match requirement if and when received by and made available to the NDEE pursuant to the Federal Act and the Act to finance Project Costs; and NOW, THEREFORE, for and in consideration of the award of this Loan Agreement by the NDEE, the Borrower agrees to complete the Project and to perform under this Loan Agreement in accordance with the conditions, covenants, and procedures set forth below: ARTICLE I DEFINITIONS Section 1.01. Definitions. The following terms as used in this Loan Agreement will, unless the context clearly requires otherwise, have the following meanings: (a) “Act” means the Drinking Water State Revolving Fund Act, Neb. Rev. Stat. §§71-5314 to 71-5327, as amended. (b) “Additional Revenue Obligation” means any obligation for the payment of money undertaken by the Borrower which is payable from or secured by a pledge of, or lien upon, the System Revenues incurred after the date of execution and delivery of this Loan Agreement, including any capital lease entered into by the Borrower the rentals of which are payable from, or secured by a pledge of or lien upon, System Revenues. (c) “Authorized Representative” means the person or persons authorized pursuant to a resolution or ordinance of the governing body of the Borrower to perform any act or execute any document relating to this Loan Agreement. (d) “Bond Ordinance” means Ordinance No._____ of the Borrower authorizing the Loan. (e) “Borrower” means the City of Grand Island, Nebraska that is a party to and is described in the first paragraph of this Loan Agreement, and its successors and assignees. (f) "Combined Utilities Systems" means, collectively, the Electric System, the Water System, and the Sewer System of the City. (g) “Cut-off Date” means the date established by the NDEE, prior to which, the Borrower will make the final disbursement request for eligible Project Costs. (h) “Disadvantaged business enterprise” or “DBE” means an entity owned or controlled by a socially and economically disadvantaged individual as described by Public Law 102-389 (42 U.S.C. 4370d) or an entity owned and controlled by a socially and economically disadvantaged individual as described by Title X of the Clean Air Act Amendments of 1990 (42 U.S.C. 7601 note); a Small Business Enterprise (SBE); a Small Business in a Rural Area (SBRA); or a Labor Surplus Area Firm (LSAF), a Historically Underutilized Business (HUB) Zone Small Business Concern, or a concern under a successor program. (i) “Drinking Water State Revolving Fund” or “DWSRF” means the Nebraska Drinking Water State Revolving Fund Act established pursuant to the Act and Regulations. (j) “Due Date” means the dates specified for payment of principal and interest on the Loan as specified in Section 2.06. Page 164 of 261 Loan: D311690 Page 4 Loan Version: 10:07.05.2023 City of Grand Island (k) “Electric System” means all properties and assets, real and personal and tangible and intangible, of the Borrower, now or hereafter existing, used for or pertaining to the generation, transmission and distribution and sale of electric power and energy, together with all extensions and improvements thereto hereafter made or acquired by the Borrower; provided that, where the Borrower is a co-owner with another person of an asset or property, only the Borrower's ownership share of such asset or property, or of any addition, extension and improvement of the asset or property, so co-owned shall be included in the Electric System hereunder; and provided further, that the Electric System shall not include any facilities for the generation, transmission and distribution of electric power and energy constructed or acquired by the Borrower as a separate utility system with the proceeds of sale of bonds or other evidences of indebtedness (other than Bonds) which shall be payable solely from the revenues or other income derived from the ownership or operation of such separate utility system. (l) “Event of Default” means any occurrence or event specified in Article V of this Loan Agreement. (m) “Existing Revenue Obligation” means any obligation for a payment of money undertaken by the Borrower which is payable from or secured by a pledge of, or lien upon, the System Revenues existing or outstanding at the time of execution and delivery of this Loan Agreement by the Borrower, including any capital lease entered into by the Borrower the rentals of which are payable from, or secured by a pledge of or lien upon, System Revenues. (n) “Federal Act” means the Safe Drinking Water Act, et seq. as amended. (o) “Fund” means the Drinking Water Facilities Loan Fund established pursuant to the Act. (p) “GAAP” means generally accepted accounting principles as applicable to the Water System. (q) “Indebtedness” means any financial obligation of the Borrower for the repayment of borrowed moneys or credit extended, including, without duplication, this Loan, Revenue Obligations, general obligation bonds or notes, leases or lease-purchase agreements, or similar financial transactions. (r) “Initiation of Operation” means the date on which the Borrower places the Project in operation or the Project is capable of being placed in operation for the purposes for which it was planned, designed, and built. (s) “Intended Use Plan” means a document prepared annually by the NDEE which identifies the intended use of all State Revolving Fund program funds. (t) “Late Payment” means any payment that is not received within fifteen days of the due date as established by this Loan Agreement. (u) “Lead Service Line” means a service line made of lead, which connects the water main to the building inlet. A lead service line may be owned by the water system, owned by the property owner, or both. A galvanized service line is considered a lead service line if it ever was or is currently downstream of any lead service line or service line of unknown material. Goosenecks, pigtails, and connectors, whether standalone or connected to a lead service line, may also be included as a part of lead line service for replacement projects. (v) “Loan” means the loan made by the NDEE to the Borrower to finance or refinance all or a portion of the Project Costs pursuant to this Loan Agreement. (w) “Loan Agreement” means this Loan Agreement, including the Attachments hereto, as it may be properly supplemented, modified or amended. Page 165 of 261 Loan: D311690 Page 5 Loan Version: 10:07.05.2023 City of Grand Island (x) “Loan Amount” means the principal amount specified in Section 2.01 of this Loan Agreement and as amended which the NDEE has agreed to disburse to the Borrower subject to the terms, provisions, and conditions of this Loan Agreement and the availability of State and Federal Funds. (y) “Loan Finalization Date” means the date established by this Loan Agreement in which the Loan Amount is considered finalized and no further disbursement can be made outside of the Loan Agreement being amended. (z) “Loan Repayments” means the payments of the Loan required to be made by the Borrower pursuant to Section 2.06 of this Loan Agreement. (aa) “Loan Terms” means the terms as established by this Loan Agreement. (bb) “NDEE” means the Nebraska Department of Environment and Energy established pursuant to Neb. Rev. Stat. §81 1501 et seq., as amended. (cc) “NIFA” means the Nebraska Investment Finance Authority, a public body politic and corporate and an instrumentality of the State, and its successors and assigns established pursuant to Neb. Rev. Stat. §58 201 et seq., as amended. (dd) “Note” means a promissory note of the Borrower with respect to the Loan in the form of Attachment F to this Loan Agreement. (ee) “Project” means an eligible item for funding under the Act and is as described in Exhibit 1 of this Loan Agreement. (ff) “Project Costs” means eligible costs or expenses necessary or incidental to the Project, which are directly attributable thereto and which in the determination of the NDEE are eligible under the Federal Act, and the Act, and Regulations. Estimated Project Costs are described in Attachment B. (gg) “Public Water System” means a Public Water System, as defined in Neb. Rev. Stat. §71 5301(10a). (hh) “Regulations” means the Nebraska Administrative Code, Title 131, Rules and Regulations for the Wastewater Treatment Facilities and Drinking Water Construction Assistance Programs, and any amendments thereto promulgated by the NDEE pursuant to the Act. (ii) “Retainage” means construction costs held back by the Borrower from the payments due to the contractor to assure satisfactory completion of the construction agreement. (jj) “Revenue Obligation(s)” means, without duplication, (i) the Loan; (ii) any Existing Revenue Obligation; and (iii) any Additional Revenue Obligation. (kk) “SEC Rule” means Rule 15c2 12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as such rule may be amended from time to time or such other similar rule regarding disclosure of information in securities transactions. (ll) “Sewer System” means the entire wastewater treatment plant and facilities and sanitary sewer system owned and operated by the Borrower for the collection, treatment and disposal of sewage, to serve the needs of the Borrower and its inhabitants and others, including all appurtenances and facilities connected therewith or relating thereto, together with all extensions, improvements, additions and enlargements thereto hereafter made or acquired by the Borrower. (mm) “State” means the State of Nebraska acting, unless otherwise specifically indicated, by and through the NDEE and its successors and assignees. Page 166 of 261 Loan: D311690 Page 6 Loan Version: 10:07.05.2023 City of Grand Island (nn) “System Revenues” means all rates, rentals, fees and charges, earnings, income, revenues, and other monies, from any source derived by the Borrower through its ownership and the operation of the Combined Utilities, including, without limiting the generality of the foregoing, (i) all income, fees, charges, receipts, profits and other moneys derived from the sale, furnishing or supplying of the services, facilities, commodities of the Combined Utilities; (ii) the earnings on and the income from the investment of any moneys held in funds under the Bond Ordinance; (iii) the earnings on and the income from the investment of other moneys derived from the ownership or operation of the Combined Utilities to the extent that such earnings and income are allocated by or pursuant to law to the Combined Utilities; (iv) special assessment payments and payments in aid of construction; (v) the proceeds derived by the Borrower directly or indirectly from the sale, lease or other disposition of all or a part of the Combined Utilities, and the proceeds of insurance and condemnation awards received with respect to the Combined Utilities; (vi) any amounts deposited in escrow in connection with the acquisition, construction, remodeling, renovation and equipping of facilities to be applied during the period of determination to pay interest on Revenue Obligations; and (vii) any other moneys of the Borrower which are required by the provisions of the Bond Ordinance to be applied to the payment of Bonds; provided, however, that System Revenues shall not include (A) customers', deposits or any other deposits subject to refund, until such deposits have become the property of the Borrower, (B) earnings on and income derived from the investment of moneys or Defeasance Obligations (as defined in the Bond Ordinance) being held irrevocably for the retirement of indebtedness of the Combined Utilities, or (C) moneys deposited with the Borrower by employees for employee benefit purposes. (oo) “Trustee” means the trustee under any trust indenture with respect to revenue bonds the proceeds of which are deposited in the Fund. (pp) “User Charge System” means the methodology used to assess user charge fee(s) for the users of the Combined Utilities System which produces the System Revenues. (qq) “Water System” means the entire waterworks plant and system owned and operated by the Borrower for the production, storage, treatment and distribution of water, to serve the needs of the Borrower and its inhabitants and others, including all appurtenances and facilities connected therewith or relating thereto, together with all extensions, improvements, additions and enlargements thereto hereafter made or acquired by the Borrower. ARTICLE II LOAN CONDITIONS AND TERMS Section 2.01. Amount of the Loan. Subject to all of the terms, provisions, and conditions of this Loan Agreement, and subject to the availability of state and federal funds, the NDEE will loan an amount not to exceed four million five hundred thousand dollars ($4,500,000) to the Borrower to pay a portion of the Project Costs described in Attachment B hereto. (a) Loan Forgiveness. (1) The total award of all Loan Forgiveness cannot exceed seventy-five percent of the total amount of eligible Project Costs. (2) Loan Forgiveness. This Loan Agreement includes DWSRF Loan Forgiveness of up to 62% of the eligible Project Costs, up to a ceiling of two million seven hundred ninety thousand dollars ($2,790,000). The Borrower agrees to only perform work in and submit project costs from lead service line replacements within poverty rate or high level of vulnerability, designated per Center of Disease Control mapping, census tracts. Page 167 of 261 Loan: D311690 Page 7 Loan Version: 10:07.05.2023 City of Grand Island (3) Lead Service Line Inventory Grant. This Loan Agreement includes DWSRF Lead Service Line Inventory Grant of up to 10% of the eligible Project Costs, up to a ceiling of four hundred fifty thousand dollars ($450,000). (4) All Loan Forgiveness shall be effective only upon the completion of the Project in accordance with this Loan Agreement, including compliance with the requirements of the DWSRF, as determined by the NDEE and Initiation of Operation. The amount of such Loan Forgiveness shall be stated on the final Attachment A repayment schedule prepared by the NDEE following disbursement of the full Loan Amount and Initiation of Operation. The final actual amount of the Loan and any Loan Forgiveness may be reduced without revision of any other terms, provisions, or conditions of this Loan Agreement, other than adjustment by the NDEE to the final repayment schedule in Attachment A hereto, to reflect reductions in the estimated or actual total Project Costs as impacted by opening of bids for construction, change orders, final actual costs, and prepayments. The Borrower must make provisions for the payment of all costs of the Project exceeding the Loan Amount. The NDEE may provide supplemental loan funds through a separate Loan Agreement. Receipt of any supplemental loan funds is dependent on availability of unobligated funds in the Fund and any obligation of additional funds to this Project is at the sole discretion of the NDEE with such revised or additional terms, conditions, and covenants as the NDEE may require. Section 2.02. Term of the Loan. The Borrower agrees to fully repay the Loan with interest on the date of Initiation of Operation or to begin repayment of principal and interest on the Loan within one (1) year from the date of Initiation of Operation, but no later than three (3) years from the date of the Loan, whichever occurs first, and to repay such Loan in full no later than forty (40) years from Initiation of Operation and to pay all principal, interest, administrative fees, and penalty fees when due. The Borrower shall provide the NDEE no less than 60 days written notice of its intent to repay the Loan all or in part on the date of the Initiation of Operation. Section 2.03. Interest Rate. The interest rate on this Loan is determined by the NDEE pursuant to Regulations and the Intended Use Plan and is applied to outstanding principal. The interest rate on this Loan is 0.00% per annum (calculated on the basis of a year equaling 360 days made up of 12 months of 30 days each) to be paid pursuant to Section 2.06 of this Loan Agreement. Section 2.04. Administrative Fee. The administrative rate on this Loan is determined by the NDEE pursuant to Regulations and the Intended Use Plan and is applied to outstanding principal. The Borrower shall pay to the NDEE, or at the direction of the NDEE, to the NIFA or the Trustee, an annual administrative fee of 0.00% per annum (calculated on the basis of a year equaling 360 days made up of 12 months of 30 days each) to be paid pursuant to Section 2.06 of this Loan Agreement. Section 2.05. Disbursement of Loan. Until the date of Loan Finalization, the Borrower may request disbursement of the loan pursuant to the following conditions: (a) Upon receipt of a disbursement request for work completed accompanied by any certification from the Borrower required by the NDEE, the NDEE shall make progress disbursements as established by Section 2.01 of this Loan Agreement that correspond to such request of the Loan Amount to be used by the Borrower for Project Costs. The Borrower may obtain a copy of the disbursement record upon request to the NDEE. Each disbursement shall be Automated Clearing House (ACH) by the State of Nebraska and shall be equal to that portion of the unobligated principal amount incurred to the date of the request for disbursement from the Borrower. (b) Minimum Disbursement Percentage. The minimum amount of a disbursement request that is not a final request must be at least 5% of the total loan amount of this Loan Agreement or $150,000, whichever is the lesser, or the NDEE may choose not to process the request. Page 168 of 261 Loan: D311690 Page 8 Loan Version: 10:07.05.2023 City of Grand Island (c) Submitted requests for disbursement must be supported by the following: (i) proper invoices for Project Costs; (ii) a certificate of the Authorized Representative to the effect that all representations made in this Loan Agreement remain true as of the date of the request and that no adverse developments affecting the financial condition of the Borrower or its ability to complete the Project or to repay the Loan have occurred since the date of this Loan Agreement; and (iii) other documentation acceptable to and approved by the NDEE. (d) The Borrower may request disbursement of the Loan Amount for eligible Project Costs, when such Project Costs have been incurred and are due and payable to project contractors. However, actual payment of such Project Costs by the Borrower is not required as a condition of a disbursement request. Any Retainage withheld by the Borrower corresponding to the progress payment made to any contractor will be withheld by the NDEE until such Retainage is either reduced or released to the contractor by the Borrower. (e) The Borrower shall submit a draft of the operation and maintenance manual for the Project to the designated Engineering Section at NDEE before disbursements exceed 75% of the Project Costs. The Borrower shall submit a final operation and maintenance manual to the designated Engineering Section at NDEE and receive approval before disbursements exceed 95% of the Project Costs or final disbursement, whichever comes first. (f) If a request for disbursement is not received by the NDEE within eighteen (18) months from either the effective date of this Loan Agreement or the last disbursement request, the NDEE may finalize, close, or terminate this agreement pursuant to Section 6.12 of this Loan Agreement. Section 2.06. Loan Payments. (a) Principal and Interest Payments. The Borrower shall pay to the NDEE, or at the direction of the NDEE, to the NIFA or the Trustee, on or before the due dates specified below, but only from the sources specified in Section 3.02 hereof, appropriate installments of principal and interest until all principal and interest due on the Loan to the NDEE has been paid in full. Installments of principal, interest, and administrative fees shall be paid semiannually on December 15 and June 15 of each year in accordance with the Loan Repayment Schedule in Attachment A; provided that, following the receipt of the Initiation of Operation date and the final disbursement of Loan proceeds to the Borrower, a revised Attachment A shall be prepared by the NDEE to establish the final debt service schedule based upon the parameters described in the projected Attachment A. Such revised final Attachment A thereafter shall be deemed to be incorporated herein by reference and made a part hereof and shall supersede and replace the projected Attachment A. The NDEE will send the Borrower an invoice 30 days prior to the due date of each payment. When a Loan disbursement occurs after invoices are mailed, the NDEE will include adjustments for interest and fee charges on the next semiannual invoice. (b) Optional Prepayment of the Loan. (1) If the Borrower is receiving Loan Forgiveness, the Borrower may not prepay the Loan in whole or in part within ten (10) years of the date of this Loan Agreement. After the ten years, the Borrower may prepay the Loan together with any accrued interest in whole or in part without penalty upon giving no less than 60 days written notice to the NDEE of its intent to prepay. (2) If the Borrower is not receiving Loan Forgiveness, the Borrower may prepay the Loan together with any accrued interest in whole or in part at any time without penalty upon giving no less than 60 days written notice to the NDEE of its intent to prepay. (3) Once the Borrower is able to prepay the loan, the Borrower may make a partial prepayment of the Loan Amount only if the prepayment amount is greater than the lesser of 10% of the outstanding Page 169 of 261 Loan: D311690 Page 9 Loan Version: 10:07.05.2023 City of Grand Island amount of the Loan, or fifty thousand dollars ($50,000). The NDEE shall prepare a new Loan Repayment Schedule to revise Attachment A following receipt of any partial prepayment of the Loan and such revised Attachment A thereafter shall be deemed to be incorporated herein by reference and made a part hereof and shall supersede and replace Attachment A. (c) Mandatory Prepayment of Loan. If the Borrower receives a grant from any source for any portion of the Project Costs for which a portion of the Loan Amount has been disbursed and is outstanding under this Loan Agreement, the Borrower must notify the NDEE immediately and such portion of the Loan Amount shall become immediately due and payable. (d) Delinquent Payment Penalty and Penalty Interest. Payments may be considered delinquent by the NDEE if not received within 15 days of the due date and for any such delinquent payment, the Borrower agrees to pay a 5% administrative penalty of said delinquent payment. In addition, the Borrower agrees to pay penalty interest on any such delinquent payment at the rate of 1% per month of the amount of such delinquent payment from and after the due date until it is paid. Failure to pay any payment or other charges due within sixty days of the date due will result in the Borrower’s account to be considered a delinquent account, subject to State of Nebraska action pursuant to the provisions of Article V of this Agreement. Section 2.07. Project Schedule. The Borrower agrees to perform steps of the Project in accordance with the following projected schedule of milestone dates: (a) Construction Start – October 2023 (b) Substantial completion of construction – October 2026 (c) Initiation of Operation – December 2026 Section 2.08. Disadvantaged Business Enterprises. The Borrower hereby agrees to the following: (a) To comply with the requirements of the EPA’s Disadvantaged Business Enterprise (DBE) Program for procurement activities under assistance agreements, contained in 40 CFR, Part 33, and, to the fullest reasonable extent possible, ensure that at least ten percent will be made available to Disadvantage Business Enterprises for the Project; (b) To make the following good faith efforts whenever procuring construction, equipment, services, and supplies: (1) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. This includes placing DBEs on a solicitation list and soliciting them whenever they are potential sources; (2) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid proposal closing date; (3) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. This includes dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process; (4) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually; Page 170 of 261 Loan: D311690 Page 10 Loan Version: 10:07.05.2023 City of Grand Island (5) Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department Commerce; and (6) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (1) through (5) of this section. Section 2.09. Borrower’s Drinking Water Use Ordinances and User Charge Systems. (a) The Borrower agrees to obtain approval from the NDEE of its User Charge System, and to adopt and implement any necessary changes before the Project is placed in operation. (b) The Borrower agrees that it shall not modify, amend, make additions to, or deletions from its Bond Ordinance or User Charge System without the consent of the NDEE during the term of the Loan Agreement; with the exceptions of the following changes: (1) Any increase in rates and charges necessary or deemed necessary by the governing body of the Borrower in order to comply with the provisions of this Loan Agreement, the Bond Ordinance, or any ordinance and other agreement pursuant to which any Revenue Obligations have been issued, and for which the revenues of the User Charge Systems have been pledged; or (2) Any increase deemed necessary by the governing body of the Borrower in order to permit the issuance of or provide for the payment of Additional Revenue Obligations. Section 2.10. Other Conditions and Terms. (a) Engineering Services. The Borrower shall provide and maintain competent and adequate engineering supervision and resident inspection during construction. (b) Construction Agreement Award. The Borrower shall obtain the NDEE concurrence and authorization of the construction agreement. (c) Initiation of Operation. The Engineering Section at the NDEE shall provide written notification to the NDEE of the date of Initiation of Operation of the Project. On failure of the Engineering Section to set an acceptable Initiation of Operation date the NDEE will look at the construction record or placement into service date and set the Initiation of Operation date. (d) Construction Completion. The Borrower shall provide written notification to the NDEE of the construction completion date of the Project. (e) Capacity Development. The Borrower agrees to maintain a system of records for annual review and reporting of technical, managerial, and financial capacity of the Water System to demonstrate continued compliance with the requirements of the Nebraska Safe Drinking Water Act as provided under Nebraska Administrative Code, Title 179 – Public Water Systems, and the requirements of an operating permit, as issued by the NDEE. The Borrower agrees to make any necessary system changes to achieve an acceptable Public Water System Capacity Survey assessment; acceptable, as determined by the NDEE prior to final disbursement of loan proceeds, and to maintain that acceptable assessment level status during the period of repayment. (f) Contractor’s Security. The Borrower agrees to require any contractor of the Project to post separate performance and payment bonds or other security approved by the NDEE in the amount of the bid. (g) Certified Operator. The Borrower agrees to provide a certified operator pursuant to Nebraska Administrative Code, Title 179 – Public Water Systems, Chapter 2, Regulations Governing Public Water Supply Systems. Page 171 of 261 Loan: D311690 Page 11 Loan Version: 10:07.05.2023 City of Grand Island (h) Site Title and Easements. The Borrower must certify that, for its lead service line replacement project, site title does not need to be acquired or held by the Borrower for real property where service line replacements are located, from a point extending from the water main through the water meter of the service line replacement. (i) Contractor’s Payments. The Borrower agrees to make prompt payment to its contractor(s) of sums due for construction and to retain only such amounts as may be justified by specific circumstances and provisions of the construction agreement. (j) Bid Solicitation. The Borrower agrees to notify the NDEE of its intent to solicit bids for the project and to request the latest State Revolving Fund Federal Assurance Packet from the NDEE. The Borrower agrees to follow the directions in the packet and to include and insert all the required information, text, documents, and other items into the bid solicitation in accordance with the packet. (k) Debarment or Suspension. The Borrower acknowledges that doing business with any party that has been declared ineligible to receive federal contracts may result in an event of default, disallowance of federal funds under this Loan Agreement, and may also result in suspension or debarment under 40 CFR Part 32. Instructions for finding the federal list of current companies declared ineligible can be found at the following website: https://www.dol.gov/agencies/ofccp/debarred-list. (l) Other Federal Requirements. The Borrower agrees to comply with other applicable Federal Requirements in Attachment D hereto. (m) Project Sign. If requested by the NDEE, the Borrower agrees to display a project sign created by the NDEE. The displaying of a project sign may include both physical displays and digital displays. This can include, but not be limited to, a physical board provided by the NDEE to be displayed at a designated site, digital graphic to be posted on a Borrower’s website, or image and text to be posted in a newsletter, community notice, or newspaper. The NDEE will provide instructions for displaying the Project Sign. (n) Employment under Public Contracts, LB 403. The Borrower agrees to comply with the provisions of Legislative Bill 403, approved by the Governor on April 8, 2009. The following language is required and will be included in all agreements made with contractors and is a pass-through requirement for his or her subcontractors. “The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. If the Contractor is an individual or sole proprietorship, the following applies: 1. The Contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us; 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor’s lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program; and, 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108.” (o) Wage Rate Requirements. Davis-Bacon prevailing wage requirements will apply to the construction, alteration, and repair of a public building or public work, or building or work carried out in whole or in part with assistance made available by this Loan Agreement. For wages that require a Davis-Bacon prevailing wage, the Borrower certifies compliance with the following: Page 172 of 261 Loan: D311690 Page 12 Loan Version: 10:07.05.2023 City of Grand Island (1) Obtaining a Wage Determination. (i) Wage Determinations for Soliciting. The Borrower is responsible for and shall obtain the wage determinations for the locality of the project prior to issuing requests for bids, proposals, quotes, or other methods for soliciting contracts for the project (hereinafter “soliciting”). These wage determinations will be incorporated into solicitations and any subsequent contracts. Prime contract must contain a provision requiring that subcontractors follow the wage determinations incorporated into the prime contract. 1. Monitoring for Current Wage Determinations During Solicitation Period. While the solicitation remains open, the Borrower shall monitor https://sam.gov/ weekly to ensure that the wage determinations contained in the solicitation remain current. The Borrower shall amend the solicitation if the Department of Labor issues a modification to the wage determinations more than ten (10) days prior to the closing date for the solicitation. 2. Monitoring for Current Wage Determinations After Closing Date. Unless extended in writing by the NDEE, if the Borrower does not award the contract within ninety (90) days of the closing date for the solicitation, the Borrower shall monitor https://sam.gov/ on a weekly basis for any modifications or supersedes the Department of Labor makes on the wage determinations contained in the solicitation and shall amend the solicitation. (ii) Wage Determinations for Non-Published Solicitations. If the Borrower issues a task order, work assignment, or similar instrument to an existing contractor, or ordering instrument, rather than by publishing a solicitation, the Borrower shall insert the appropriate wage determinations from https://sam.gov/ into the ordering instrument. (iii) Verification of Wage Determinations Inclusion. The Borrower shall review all contracts and subcontractors and verify that all contracts include the applicable wage determinations. (iv) Issuance of Revised Wage Determinations. The Department of Labor may issue a revised wage determination applicable to a Borrower’s contract after the award of a contract or the issuance of an ordering instrument if the Department of Labor determines that the Borrower has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs, the Borrower shall either: i) terminate the contract or ordering instrument and issue a revised solicitation, or ii) incorporate the Department of Labor’s wage determination retroactive to the beginning of the contract or ordering instrument by change order. All contractors must be compensated for any increases in wages resulting from the use of the Department of Labor’s revised wage determination. (2) NDEE Federal Assurance Package. Before soliciting, The Borrower agrees to contact the NDEE for the most recent applicable NDEE Federal Assurance Package and to incorporate the package into the solicitation documents. If the Borrower has failed to incorporate the most recent applicable NDEE Federal Assurance Package, the Borrower shall either: i) terminate the contract or ordering instrument and issue a revised solicitation, or ii) incorporate the NDEE Federal Assurance Package by change order. (3) Contract and Subcontract Provisions. The Borrower shall insert in full for any contract entered into for the actual construction, alteration, and/or repair, including painting and decorating, of a public building or public work, or building, or work as defined by the NDEE, the required clauses as listed in most recent applicable NDEE Federal Assurance Package. Page 173 of 261 Loan: D311690 Page 13 Loan Version: 10:07.05.2023 City of Grand Island (i) Unlisted Classifications. The Borrower shall require that any class of laborers or mechanics, including helpers, which is not listed in the applicable wage determination and which is to be employed under the contract shall be classified in conformance with the wage determinations in accordance with procedures established within the NDEE Federal Assurance Package. (ii) Weekly Payroll Review and Certifications. The Borrower shall monitor, collect, and review weekly payrolls for each week in which any contract work is performed and provide written confirmation in a form satisfactory to the NDEE indicating whether or not the project is in compliance with the Davis-Bacon prevailing wage requirements. (iii) Withholding Payments. The Borrower shall, upon written request by authorized representatives of the NDEE, the EPA, or of the Department of Labor, withhold or cause to be withheld from a contractor under this Loan Agreement or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the EPA may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (4) Contract Provisions for Contracts in Excess of $100,000. All contracts in an amount in excess of $100,000 must comply with the Contract Work Hours and Safety Standards Act, 40 U.S.C. 3701 et seq., as amended. The Borrower shall insert in full for any contract in excess of $100,000 the required clauses as listed in the most recent applicable NDEE Federal Assurance Package. In addition: (i) Withholding Payments. The Borrower, upon written request by authorized representatives of the NDEE, the EPA, or of the Department of Labor, shall withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as determined by the NDEE. (ii) Maintaining of Payroll and Records. The Borrower shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Borrower shall insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the NDEE, EPA and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. Page 174 of 261 Loan: D311690 Page 14 Loan Version: 10:07.05.2023 City of Grand Island (5) Compliance Verification. (i) Interview Requirement. The Borrower shall periodically interview a sufficient number of employees entitled to Davis-Bacon prevailing wages to verify that contractors and/or subcontractors are paying the appropriate wages. All interviews must be conducted in confidence. The Borrower must use Standard Form 1445 or equivalent documentation to memorialize the interviews. Copies of Standard Form 1445 are available from the EPA upon request. (ii) Interview Frequency. The Borrower shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with the Davis-Bacon prevailing wage requirements posed by contractors or subcontractors and the duration of the contract or subcontract. The Borrower must conduct more frequent interviews if the initial interviews or other information indicated that there is a risk that the contractor or subcontractor is not complying with Davis-Bacon prevailing wages. The Borrower shall immediately conduct interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence. (iii) Interview Spot Checks. The Borrower shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The Borrower shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with Davis-Bacon prevailing wages posed by contractors or subcontractors and the duration of the contract or subcontract. The Borrower must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with Davis-Bacon prevailing wage. In addition, during the examinations the Borrower shall verify evidence of fringe benefit plans and payments thereunder by contractors and subcontractors who claim credit for fringe benefit contributions. (iv) Review of Apprentices and Trainees. The Borrower shall periodically review contractor’s and subcontractor’s use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the Department of Labor, or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Section 2.10(o)(5)(ii through iii) of this Loan Agreement. (6) Potential Violations. The Borrower must immediately report potential violations of the Davis-Bacon prevailing wage requirements to the NDEE, EPA, and to the appropriate Department of Labor Wage and Hour District Office listed at https://www.dol.gov/agencies/whd/contact/local- offices. (p) Human Trafficking. Under the requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as amended, the following provisions apply to this award: “The Municipality, its employees, sub-recipients under this award, and sub-recipients’ employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or sub-awards under the award.” (q) American Iron and Steel (AIS) Products. Use of Loan funds for partial or full payment of the construction, alteration, maintenance, and repair of “Public Water Systems”, as defined by the Federal Act, must be constructed pursuant to Public Law 113-76, et seq., as amended, which includes American Iron and Steel Act (AIS) requirements. The Borrower agrees to be responsible for and to comply with all American Iron Page 175 of 261 Loan: D311690 Page 15 Loan Version: 10:07.05.2023 City of Grand Island and Steel conditions and requirements pursuant to the American Iron and Steel Act and agrees to provide written certification of such compliance to the NDEE after construction completion. (r) State Cybersecurity. If the Borrower’s network or information system is connected to EPA networks for the purpose of transferring data using systems other than the Environmental Information Exchange Network, or EPA’s Central Data Exchange, the Borrower agrees that when collecting and managing environmental data for this Project, the Borrower will protect the data by following all applicable state law cybersecurity requirements. Prior to collecting, managing, or transferring any environmental data, the Borrower agrees to contact the EPA and the assigned EPA Project Officer, notifying the NDEE when they have done so, and work with the EPA to ensure that any connections between the Borrower’s network or information system and EPA networks used by the Borrower to transfer data under this Loan Agreement are secure. (s) Loan Finalization Date. This Loan Agreement will be considered finalized either upon the date the NDEE processes the final disbursement request by the Borrower or twelve (12) months following receipt of the written notification of the construction completion pursuant to Section 2.10(d) of this Loan Agreement, whichever occurs first. (t) Build America Buy America. Use of Loan funds for partial or full payment of the construction, alteration, maintenance, and repair of Public Water Systems, as defined by the Federal Act, must be constructed pursuant to Public Law 117-58, 135 Stat. 429, 70901-70927, et seq., as amended, which includes Build America Buy America Act (hereinafter BABA) requirements. The Borrower agrees to be responsible for and to comply with all BABA conditions and requirements pursuant to the BABA Act and agrees to provide written certification of such compliance to the NDEE, or any party designated by the NDEE, after construction completion unless i) the Borrower has requested and obtained a waiver from the NDEE, or any party designated by the NDEE, pertaining to the Project or the Project is otherwise covered by a general applicability waiver; or ii) all contributing Agencies to the Project that require BABA compliance have advised the Borrower in writing that BABA requirements are not applicable to the Project. When applicable (e.g., unless eligible for a waiver, etc.), all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States per the following: (1) All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55% of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. (3) All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. The Borrower agrees to comply with all record keeping and reporting requirements under all applicable legal authorities, including any reports required by the NDEE, the EPA, or any party designated by the NDEE or EPA, such as performance indicators of program deliverables, information on costs and project progress. The Borrower understands that: i) each contract and subcontract related to the Project is subject to audit by appropriate federal and state entities; and ii) failure to comply with the applicable legal requirements and this Loan Agreement may result in a default hereunder subject to the conditions pursuant to Article V of this Loan Agreement and other remedial actions. Page 176 of 261 Loan: D311690 Page 16 Loan Version: 10:07.05.2023 City of Grand Island The BABA requirements do not supersede the American Iron and Steel requirement and both provisions still apply and work in conjunction. (u) Federal Flood Risk Management Standard (FFRMS). For the project noted in Exhibit 1, it must be at or above (i) the elevation and flood hazard area that result from using a climate-informed science approach that uses the best-available, actionable hydrologic and hydraulic data and methods that integrate current and future changes in flooding based on climate science. This approach will also include an emphasis on whether the action is a critical action as one of the factors to be considered when conducting the analysis; (ii) the elevation and flood hazard area that result from using the freeboard value, reached by adding an additional 2 feet to the base flood elevation for non-critical actions and by adding an additional three (3) feet to the base flood elevation for critical actions; (iii) the area subject to flooding by the 0.2% annual chance flood; or (iv) the elevation and flood hazard area that result from using any other method identified in an update to the FFRMS. This does not apply if the project is not a substantial improvement (i.e. projects worth more than 50% of the market value or replacement costs of the facility), based on an NDEE approved opinion submitted by a licensed professional engineer per Section 2.10(a) of this Loan Agreement. (v) Lead Service Lines. Use of funds for lead service lines shall be eligible pursuant to the Infrastructure Investment and Jobs Act (Public Law No. 117-58) and the Federal Act. In addition, the Borrower agrees to the following: (1) The project and use of funds will be for lead service line replacement projects and associated activities directly connected to the identification, planning, design, and replacement of lead service lines. Costs associated with non-lead service lines are ineligible; and (2) Lead service lines will be replaced in their entirety and cannot be partially replaced, unless a portion of the line has already been replaced or is concurrently being replaced with another funding source; and (3) The Borrower agrees to provide documentation established by the Department of compliance with full lead line service replacement to the Department for review and approval at the time lead service line replacement project is initiated. (w) Lead Service Line Inventory. The Borrower shall submit a final Lead Service Inventory, per the requirements of the Federal Act, to and receive acceptance from the Monitoring & Compliance Section at NDEE, by October 16, 2024, or before disbursements exceed 95% of the Project Costs, whichever comes first. The disbursement of all funds is contingent upon the Borrower performing all needed activities for the identification, planning and design of a Lead Service Line Inventory per the requirements of the Federal Act. (x) Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment. The Borrower agrees to comply with the regulations of 2 CFR 200.216, Prohibition on certain telecommunication and video surveillance services or equipment, and section 889 of Public Law 115-232. The Borrower shall prohibit procuring (enter into, extend, or renew contracts) or obtaining equipment, systems, or services that use “covered telecommunications equipment or services” identified in the regulations as specified by this section as a substantial or essential component of any system, or as critical technology as part of any system for the Project. This prohibition extends to Borrowers and their subrecipients (i.e. Consulting Engineers, contractors, etc.) that “uses any equipment, system, or service that uses covered telecommunications equipment or services” as a substantial or essential component of any system, or as critical technology as part of any system. Certain equipment, systems, or services, including equipment, systems, or services produced or provided by entities subject to the prohibition are recorded in the System for Award Management exclusion list (https://sam.gov/content/exclusions). Page 177 of 261 Loan: D311690 Page 17 Loan Version: 10:07.05.2023 City of Grand Island ARTICLE III REPRESENTATION AND COVENANTS OF THE BORROWER Section 3.01. Representations of the Borrower. The Borrower represents as follows: (a) Organization and Authority. (1) The Borrower is a village, town, city, district, association, or other public body created by or pursuant to the constitution and statutes of the State of Nebraska. (2) The Borrower has full legal right and authority and has all necessary licenses and permits required as of the date hereof (or is in the process of obtaining all necessary licenses and permits that will be required, but are not required to be in place as of the date hereof) to own, operate and maintain its Water System, to carry on its activities relating thereto, to execute and deliver this Loan Agreement, to undertake and complete the Project, and to carry out and consummate all transactions contemplated by this Loan Agreement. (3) The proceedings of the Borrower’s governing body conducted to approve this Loan Agreement and authorizing its execution, issuance, and delivery on behalf of the Borrower, and authorizing the Borrower to undertake and complete the Project, have been duly and lawfully convened and conducted and the resolution of the Borrower’s governing body approving such matters has been duly and lawfully adopted. (4) This Loan Agreement has been duly authorized, executed, and delivered on behalf of the Borrower, and constitutes the legal, valid, and binding obligation of the Borrower enforceable in accordance with its terms. (b) Full Disclosure. To the best knowledge of the Borrower, there is no fact that the Borrower has not disclosed to the NDEE in writing on the Borrower’s application for the Loan or otherwise anything that materially adversely affects or that will materially adversely affect the properties, activities of its Water System, or the ability of the Borrower to make all Loan Repayments and otherwise observe and perform its duties, covenants, obligations and agreement under this Loan Agreement. (c) Non-Litigation. There is no controversy, suit or other proceeding of any kind pending, or to the best knowledge of the Borrower, threatened questioning, disputing or affecting in any way the: (i) legal organization of the Borrower or its boundaries; (ii) the right or title of any of its officers to their respective offices; (iii) the legality of any official act taken in connection with obtaining the Loan; (iv) the constitutionality or validity of the indebtedness represented by the Loan Agreement; (v) any of the proceedings had in relation to the authorization or execution or the pledging of the revenues stated in Section 2.09 and Section 3.02 of this Loan Agreement; or (vi) the ability of the Borrower to make all Loan Repayments or otherwise observe and perform its duties, covenants, obligations and agreements under this Loan Agreement. (d) Compliance with Existing Laws and Agreements. The authorization, execution and delivery of this Loan Agreement by the Borrower, and the performance by the Borrower of its duties, covenants, obligations, and agreements thereunder will not result in any breach of any existing law or agreement to which the Borrower is a party. (e) No Defaults. No event has occurred and no condition exists that would constitute an Event of Default. The Borrower is not in violation of any agreement which would materially adversely affect the ability of the Borrower to make all Loan Repayments or otherwise observe and perform its duties, covenants, obligations, and agreements under this Loan Agreement. Page 178 of 261 Loan: D311690 Page 18 Loan Version: 10:07.05.2023 City of Grand Island (f) Governmental Consent. The Borrower has obtained all permits and approvals required to date under this Loan Agreement (or is in the process of obtaining all permits and approvals that will be required, but are not required to be in place as of the date hereof) for the undertaking or completion of the Project and the financing or refinancing thereof. The Borrower has complied with, or expects to comply with, all applicable provisions of law requiring any notification, with any governmental body or officer in connection with this Loan Agreement or with the undertaking or completion of the Project and the financing or refinancing thereof. (g) Compliance with the Law. The Borrower: (1) Is in compliance with all laws, ordinances, governmental rules and regulations to which it is subject, including, without limitation, any public hearing or public notice requirements or environmental review requirements contained in the Regulations, with which the failure to comply would materially adversely affect the ability of the Borrower to conduct its activities, enter into this Loan Agreement or undertake or complete the Project; and (2) Has obtained, or expects to obtain, all licenses, permits, franchises or other governmental authorizations presently necessary for the ownership of its property which, if not obtained, would materially adversely affect the ability of the Borrower to complete the Project. (h) Use of Loan Proceeds. The Borrower will apply the proceeds of the Loan as described in Article II of this Loan Agreement: (1) To finance or refinance a portion of the Project Costs; and (2) Where applicable, to reimburse the Borrower for a portion of the Project Costs, which portion was paid or incurred in anticipation of reimbursement by the NDEE and is eligible for such reimbursement pursuant to the Regulations. All of such costs constitute Project Costs for which the NDEE is authorized to make loans to the Borrower pursuant to the Act and the Regulations. (i) Project Costs. The Borrower certifies that the Project Costs, as listed in Attachment B, are reasonable and accurate estimations and, upon direction of the NDEE, will supply the same with a certificate from its engineer stating that such costs are reasonable and accurate estimations, taking into account investment income, if any, to be realized during the course of construction of the Project and other money that would, absent the Loan, have been used to pay the Project Costs. Section 3.02. Particular Covenants of the Borrower. (a) Dedicated Source of Revenue for Repayment of the Loan. The Borrower hereby pledges to the NDEE, and grants a lien to the NDEE on, the System Revenues as the dedicated source of revenue for the repayment of the Loan. The pledge herein provided for is made in accordance with and under the terms of the Bond Ordinance and is secured on a parity with the pledge made thereunder. The Borrower shall fix, establish, maintain and collect such rates, fees, and charges for the use and services furnished by or through the Borrower's Combined Utilities Systems including all improvements and additions hereafter constructed or acquired by the Borrower, as will provide revenues sufficient to (i) pay the cost of the operation and maintenance, and replacement of the Combined Utilities Systems, (ii) pay at least 110% of the principal of and interest on the Loan as and when the same become due, and (iii) pay all other amounts due at any time under this Loan Agreement. The lien of the NDEE on the revenues of the Borrower's Combined Utilities System, shall be on a parity with the lien on such revenues of the Borrower's Existing Revenue Obligations now outstanding and any Additional Revenue Obligations hereafter issued on parity with such Revenue Obligations. The Borrower hereby expressly reserves the right to issue Additional Revenue Obligations on parity with the lien described in this Loan Agreement and the other outstanding Revenue Obligations, provided, the Borrower complies with the covenants contained in this Subsection 3.02(a). The System Revenues shall be collected and maintained in separate accounts or ledgers for the operation and maintenance costs and for principal and interest Page 179 of 261 Loan: D311690 Page 19 Loan Version: 10:07.05.2023 City of Grand Island payments on the Loan and the Other Revenue Obligations. The funds in such accounts or ledgers shall be restricted for their intended use, and the Loan obligation shall be reported on the financial statements of the Borrower. The Borrower agrees to develop a User Charge System based on actual or estimated use of Combined Utilities Systems services, providing that each user or user class pay its proportionate share of operation and maintenance (including replacement) costs within the Borrower's service area, based on each users demand or potential demand for service and to conduct at least a biennial review of adequacy of the user charge rates. The Borrower agrees the initial financial analysis performed by the NDEE in Attachment C is a reasonable estimate of the Project Costs, of the financial condition of the Borrower in relation to this Project, and of the user charges necessary at the time of initiation of operation of the Project. The NDEE may review this information annually to ensure the Borrower's compliance with the Loan conditions and update Attachment C to reflect any changes. (a)Performance Under Loan Agreement. The Borrower agrees: (1)They are in compliance with the following federal regulations and will be subject to: i.Civil Rights Act of 1964, 42. U.S.C. 2000d, et seq., as amended; ii.Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, et seq., as amended; and iii.Age Discrimination Act of 1975, 42 U.S.C. 6102, et seq., as amended. (2)To comply with all applicable State and federal laws, rules, and regulations in the performance ofthis Loan Agreement (including, but not limited to the federal crosscutting items set forth onAttachment D of this Loan Agreement, and other NDEE Regulations); and (3)To cooperate with the NDEE in the observance and performance of the respective duties,covenants, obligations, and agreements of the Borrower and the NDEE under this LoanAgreement. (b)Completion of Project and Provision of Moneys Therefore. The Borrower agrees: (1)To exercise its best efforts in accordance with prudent public water supply utility practice to complete the Project and to so accomplish such completion on or before the estimated Projectcompletion date set forth in Article II hereto; and (2)To provide from its own financial resources all moneys, in excess of the total amount of proceedsit receives pursuant to this Loan Agreement, required to complete the Project. (3)At the completion of the Work (e.g., the LSL Replacement at a Residential Property, etc.), the City and/or it's Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration in the use of the loan funds. (c)Delivery of Documents. Concurrently with the delivery of this Loan Agreement (as previously authorized and executed) at the loan closing, the Borrower will cause to be delivered to the NDEE each of thefollowing items: (1)Counterparts of this Loan Agreement (as previously executed by parties hereto); (2)Copies of the ordinances and/or resolutions of the governing body of the Borrower authorizing the execution and delivery of this Loan Agreement certified by an Authorized Representative; (3)An Opinion of the Borrower’s Counsel substantially in the form of Attachment E hereto; Page 180 of 261 Loan: D311690 Page 20 Loan Version: 10:07.05.2023 City of Grand Island (4) An executed Note (or other evidence of indebtedness) evidencing the Borrower’s obligations under this Loan Agreement in the form of Attachment F; (5) An executed certificate of the Borrower in the form of Attachment G hereto; and (6) Such other certificates, documents, opinions, and information as the NDEE may require. (d) Operation and Maintenance of Public Water System. The Borrower agrees that it shall operate in accordance with Nebraska Administrative Code, Title 179 – Public Water Systems, Chapter 22, and ensure the following: (1) At all times operate the properties of its Water System in an efficient manner; and (2) Maintain its Water System, making all necessary and proper repairs, renewals, replacements, additions, betterments, and improvements necessary to maintain its system in good repair, working order and operating condition. (e) Disposition of Water System. The Borrower covenants that it intends to own and operate the Water System at all times during the term of the Loan. The Borrower does not know of any reason why the Water System will not be so used in the absence of: (1) Supervening circumstances not anticipated by the Borrower at the time of the Loan; (2) Adverse circumstances beyond the control of the Borrower; or; (3) Obsolescence of such insubstantial parts or portions of the Water System as may occur as a result of normal use thereof. The Borrower shall not sell, lease, abandon or otherwise dispose of all or substantially all of its Public Water System except on 90 days’ prior written notice to the NDEE and, in any event, shall not sell, lease, abandon or otherwise dispose of the same unless the Borrower shall in accordance with Section 4.02 hereof assign this Loan Agreement and its rights and interests hereunder to the purchaser or lessee of the Public Water System and such purchaser or lessee shall assume all duties, covenants, obligations and agreements of the Borrower under this Loan Agreement. In no event shall the Borrower sell, lease, abandon, or otherwise dispose of the Public Water System to any person or entity other than a municipal corporation or other political subdivision of the State of Nebraska, or any combination thereof, that has legal authority to own or operate the Public Water System. Before any proposed disposition of the Public Water System can be made, the Borrower shall provide the NDEE, and NIFA if NIFA is an assignee of the Note, with an opinion of a nationally recognized bond counsel that such proposed disposition is permitted by the provisions of this subparagraph, and, further, that such disposition shall not endanger the exclusion from gross income for federal income tax purposes of the interest on any bonds issued to fund deposits into the Loan Fund, nor shall it relieve the Borrower of its duties, covenants, obligations and agreements under this Loan Agreement. (f) Records and Accounts. The Borrower shall maintain accurate records and accounts in accordance with generally accepted accounting principles, including principles relating to the reporting of infrastructure assets for its Combined Utilities System Records (the “System Records”), which shall be separate and distinct from its other records and accounts (the “General Account”). The System Records and General Accounts shall be made available for inspection upon request by the NDEE at any reasonable time. The Borrower shall, upon written request by the NDEE during the term of the Loan, engage an independent auditor to conduct an audit of the project’s financial records in accordance with generally accepted government auditing standards. The Borrower shall provide the NDEE a copy of the audit report, provided Page 181 of 261 Loan: D311690 Page 21 Loan Version: 10:07.05.2023 City of Grand Island such audit shall not be due to the NDEE sooner than 210 days following the close of the fiscal year, or years, identified in the request for audit. In the event that during the period in which the Project financed by this Loan Agreement is under construction, and the Borrower expends, for any purpose, total federal funds in excess of seven hundred fifty thousand dollars ($750,000) during the Borrower’s fiscal year, then the Borrower shall, irrespective of any request from the NDEE, provide the NDEE a copy of the Single Audit made on the Borrower’s General Accounts performed by an independent auditor required in such cases by 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. In the sole discretion of the NDEE, any requirement herein to perform and/or provide an audit at the request of the NDEE may be waived by the NDEE on the basis of the Borrower’s receipt of an audit waiver received from some other government agency and accurately acknowledging the Borrower’s obligation to the NDEE under this Loan or for any other reason acceptable to the NDEE. (g) Inspections; Information. The Borrower shall permit the EPA, the NDEE, and any party designated by the NDEE to examine, visit, and inspect, at any and all reasonable times, the property, if any, constituting the Project, and to inspect and make copies of any accounts, books, and records, including (without limitation) its records regarding receipts, disbursements, contracts, investments, and any other matters relating thereto and to its financial standing, and shall supply such reports and information as the EPA and the NDEE may reasonably require in connection therewith. (h) Financial Information. The Borrower specifically agrees to provide to the NDEE a reasonable number of copies of such financial information and operating data of the Borrower and the Combined Utilities System and the prompt notification of the occurrence of certain material events, to the extent necessary for the NDEE to comply with its continuing disclosure obligations set forth in the SEC Rule. Such financial information shall be prepared in accordance with GAAP. Such financial information and operating data, if requested, shall be supplied within 210 days after the end of its fiscal year. If audited financial information will be prepared, but is not available within 210 days of the end of the appropriate Borrower’s fiscal year, unaudited financial information shall be provided to the NDEE pending receipt of audited financial information. For purposes of this paragraph, “material event” shall mean: (1) Principal and interest payment delinquencies on any Indebtedness; (2) Non payment related defaults in agreements authorizing any Indebtedness; (3) Rating changes on any Indebtedness; (4) Adverse tax opinions or events affecting the tax exempt status of any Indebtedness; or (5) Unscheduled draws on debt service reserves or credit enhancements on any Indebtedness reflecting financial difficulties. (i) Insurance. The Borrower will carry and maintain such reasonable amount of all risk insurance on all properties and all operations of the Public Water System as would be carried by similar sized municipal operators of Public Water System, insofar as the properties are of an insurable nature. The Borrower also will carry general liability insurance in amounts not less than the maximum liability of a governmental entity for claims arising out of a single occurrence, as provided by the Nebraska Political Subdivisions Tort Claims Act (Neb. Rev. Stat. §§13-901 to 13-928), or other similar future law. (j) Continuing Representations. The representations of the Borrower contained herein shall be true at the time of the execution of this Loan Agreement and at all times during the term of this Loan Agreement. (k) Notice of Material Adverse Change. The Borrower shall promptly notify the NDEE of any material adverse change in the activities, prospects, or condition (financial or otherwise) of the Borrower’s Public Water System, in accordance with the provisions of Sections 3.02(g) and 3.02(i) of this Loan Agreement, or in Page 182 of 261 Loan: D311690 Page 22 Loan Version: 10:07.05.2023 City of Grand Island the ability of the Borrower to make all Loan Repayments and otherwise observe and perform its duties, covenants, obligations and agreements under this Loan Agreement. (l) Additional Covenants and Requirements. If necessary in connection with the making of the Loan Agreement, additional covenants and requirements, if any, are hereby incorporated with their inclusion to Attachment I, Other Documents. ARTICLE IV ASSIGNMENT Section 4.01. Assignment and Transfer by the NDEE. The Borrower hereby approves and consents to any assignment or transfer of this Loan Agreement that the NDEE deems necessary in connection with the operation and administration of the Fund. The Borrower hereby specifically approves the assignment and pledging of the interest portion of the Loan Repayments to NIFA. Section 4.02. Assignment by the Borrower. This Loan Agreement may not be assigned by the Borrower for any reason, unless the following conditions shall be satisfied: (a) The NDEE shall have approved said assignment in writing; (b) The assignee is a village, town, city, district, association, county, or other public body created by or pursuant to State law of the State of Nebraska or any combination thereof, that has legal authority to own or operate the Public Water System; (c) The assignee shall have expressly assumed in writing the full and faithful observance and performance of the Borrower’s duties, covenants, and obligations under this Loan Agreement; provided, however, such assignment shall not relieve the Borrower of its duties, covenants, and obligations under this Loan Agreement; (d) The assignment will not adversely impact the NDEE’s ability to meet its duties, covenants and obligations under any Pledge Agreement as determined in writing by the NDEE; (e) The assignment will not adversely affect the exclusion from gross income for federal tax purposes of the interest on any bonds issued by NIFA to fund deposits into the Loan Fund; and (f) The Borrower shall provide the NDEE, and NIFA if NIFA is an assignee of the Note, with: (1) An opinion of a qualified attorney satisfactory to the NDEE that each of the conditions set forth in subparagraphs Section 4.02(b) and (c) above has been met; and (2) An opinion of nationally recognized bond counsel satisfactory to the NDEE that the condition set forth in subparagraph Section 4.02(e) above has been met. ARTICLE V EVENTS OF DEFAULT AND NONCOMPLIANCE Section 5.01. Event of Default. Event of Default means: (i) any violation or noncompliance by the Borrower of any of the material provisions of this Loan Agreement; (ii) material violation or noncompliance by the Borrower of any provision of federal, state, or local regulations or requirements; (iii) failure by the Borrower to pay when due any Page 183 of 261 Loan: D311690 Page 23 Loan Version: 10:07.05.2023 City of Grand Island Loan Payment pursuant to Section 2.06 of this Loan Agreement and for such payment to be considered delinquent by the NDEE; and (iv) a material default under the terms of any Revenue Obligation and other parity obligation allowing any holder of such obligation the right to exercise any remedies against the Borrower. Section 5.02. Notice of Default. (a) If an Event of Default shall occur and is discovered by the Borrower, the Borrower shall give the NDEE prompt telephonic notice of the Event of Default. Such telephonic notice shall be immediately followed by written notice of such Event of Default given in the manner as established by Section 6.03 of this Loan Agreement. (b) If an Event of Default shall occur and is discovered by the NDEE, the NDEE shall give the Borrower and the NIFA prompt telephonic notice of the occurrence of such Event of Default. Such telephonic notice shall be immediately followed by written notice from the NDEE to the Borrower of such Event of Default given in the manner as established by Section 6.03 of this Loan Agreement. Section 5.03. Remedies on Default. (a) Whenever an Event of Default shall have occurred and be continuing, the NDEE or the Borrower shall have the right to take whatever action at law or in equity may appear necessary or desirable to collect the amounts then due and to become due or to enforce the performance and observance of any obligation or agreement of the Borrower (including, without limitation, withholding remaining Loan disbursements, cancellation of this Loan Agreement and acceleration of the remaining scheduled principal payments set forth on Attachment A, or such other remedies provided to the NDEE in the Act and the Regulations). (b) If the Borrower fails to make any payment of principal and interest, administrative fee, late fee, or penalty interest imposed pursuant to this Loan Agreement within 60 days of the due dates specified in Section 2.06 of this Agreement, the payment shall be deducted from the amount of aid to municipalities to which the Borrower is entitled under Neb. Rev. Stat. §72-1503. Such amount shall be paid directly to the Fund. Section 5.04. Expenses. Upon the occurrence of an Event of Default, and to the extent permitted by law, the Borrower shall, on demand, pay to the NDEE the reasonable fees and expenses incurred by the NDEE in the collection of Loan Repayments or any other sum due hereunder or in the enforcement of performance or observation of any other duties, covenants, obligations, or agreements of the Borrower contained herein. Upon request by the Borrower, the NDEE shall provide copies of statements evidencing the fees and expenses for which the NDEE is requesting payment. Section 5.05. Application of Moneys. Any moneys collected by the NDEE pursuant to Section 5.03 or 5.04 hereof shall be applied; (a) First, to pay administrative fees on the Loan as the same becomes due and payable; (b) Second, to pay interest on the Loan as the same becomes due and payable; (c) Third, to pay principal due and payable on the Loan; (d) Fourth, to pay expenses owed by the Borrower pursuant to Section 5.04 hereof; and (e) Fifth, to pay any other amounts due and payable hereunder as such amounts become due and payable. To the extent that the NDEE’s right to receive Loan Repayments is on a parity of lien basis with the lien of Existing Revenue Obligations or Additional Revenue Obligations on the Borrower’s System Revenues, such moneys shall be applied pro rata to all such obligations. Section 5.06. No Remedy Exclusive; Waiver; Notice. No remedy herein conferred upon or reserved to the parties hereto is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every Page 184 of 261 Loan: D311690 Page 24 Loan Version: 10:07.05.2023 City of Grand Island other remedy given under this Loan Agreement or now or hereafter existing at law or in equity. The parties hereto, in good faith, shall exercise such remedies with due diligence in a timely manner, however, no delay or omission to exercise any right, remedy or power accruing upon any Event of Default shall impair any such right, remedy or power or shall be construed to be a waiver thereof, but any such right, remedy or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the parties hereto to exercise any remedy reserved to them in this Article, it shall not be necessary to give any notice, other than such notice as may be required in this Article V. Section 5.07. Retention of Rights. Notwithstanding any assignment or transfer of this Loan Agreement pursuant to the provisions hereof, or anything else to the contrary contained herein, the parties hereto shall have the right upon the occurrence of an Event of Default to take any action, including (without limitation) bringing an action against the defaulting party at law or in equity, as such party may, in its discretion, deem necessary to enforce the obligations of the defaulting party pursuant to this Loan Agreement. Section 5.08. Violation of Loan Agreement Provisions. Violation or noncompliance of any of the provisions of this Loan Agreement by the Borrower, or failure of the Borrower to complete and maintain the Project in the manner proposed by the Borrower, and approved by the NDEE may result in a cancellation of this Loan Agreement, and a demand that any outstanding balance of principal, interest, and administrative fees and any other amounts due under this Loan Agreement be paid immediately. ARTICLE VI MISCELLANEOUS Section 6.01. Hold Harmless Agreement. The State of Nebraska and the NDEE, and the officers, agents, and employees of each, shall have no responsibility or liability for the construction, operation and maintenance of the Project. The Borrower shall be responsible for such construction, operation and maintenance of the Project and shall assume responsibility for all Project Costs and any claims, demands, damages, losses, costs, expenses, or liability accruing or resulting to any and all contractors, subcontractors, employees, and any other person, firm, or corporation furnishing or supplying services, materials, or supplies in connection with construction of the Project, and for any and all claims, demands, damages, losses, costs, expenses, or liability occurring or resulting to any person, firm or corporation, as a result of or incident to, either in whole or in part, whether directly or indirectly, the construction, or the operation of the Project. Section 6.02. Waivers. Any waiver at any time of rights or duties under this Loan Agreement shall not be deemed to be a waiver of any subsequent right or duty under this Loan Agreement. Section 6.03. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered or mailed by registered or certified mail, postage prepaid, to the Borrower and the NDEE at the following addresses: (a) BORROWER City of Grand Island PO Box 1968 Grand Island, NE 68802 Phone: (308) 385-5494 (b) NDEE Department of Environment and Energy P.O. Box 98922 Lincoln, NE 68509-8922 Phone: (402) 471-2186 Page 185 of 261 Loan: D311690 Page 25 Loan Version: 10:07.05.2023 City of Grand Island All notices given by registered or certified mail as aforesaid shall be deemed duly given as of the date they are so mailed. Any of the foregoing parties may designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent, by notice in writing given to the others. Section 6.04. Amendments, Supplements and Modifications. This Loan Agreement may not be amended, supplemented, or modified except in writing signed by the NDEE and the Borrower. Section 6.05. Severability. In the event any provision of this Loan Agreement shall be held illegal, invalid, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate, render unenforceable or otherwise affect any other provision hereof. Section 6.06. Binding Effect. This Loan Agreement shall inure to the benefit of and shall be binding upon the NDEE and the Borrower and their respective successors and assigns. Section 6.07. Execution in Counterparts. This Loan Agreement may be executed in several counterparts, each of which shall be deemed to be an original and all of which shall constitute but one and the same instrument. Section 6.08. Governing Law and Regulations. This Loan Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska, including the Act and the Regulations which are, by this reference thereto, incorporated herein as a part of this Loan Agreement. Section 6.09. Consents and Approvals. Whenever the written consent or approval of the State shall be required under the provisions of this Loan Agreement, such consent or approval may only be given by the NDEE. Section 6.10. Further Assurances. The Borrower shall, at the request of the NDEE, authorize, execute, acknowledge, and deliver such further resolutions, conveyances, transfers, assurances, financing statements, and other instruments as may be necessary or desirable for better assuring, conveying, granting, assigning, and confirming the rights, security interests and agreements granted or intended to be granted by this Loan Agreement. Section 6.11. Notice to Trustee. Upon assignment of the Note to NIFA which may occur from time to time and thereafter, the NDEE shall deliver a notice of this Loan in the form prescribed by NIFA, and other pertinent information relating thereto, to the Trustee for any bonds of NIFA issued to fund deposits into the Fund. Section 6.12. Finalizing, Closing, and Termination of the Loan Agreement. The NDEE reserves the right to finalize and close, or terminate this Loan Agreement for cause at any point during the term of the loan. Before any action is taken, the NDEE shall give no less than 30 days written notice of the NDEE’s intent to the Borrower. Following the final disbursement of Loan proceeds to the Borrower, the NDEE shall revise Attachment A. Such revised Attachment A shall be deemed to be incorporated herein by reference and made a part hereof and shall supersede and replace Attachment A. Section 6.13. Separate Eligibility. At the sole determination of the NDEE, the Borrower will be eligible for a separate loan agreement at a 0% interest rate for an amount not exceeding the principal repayment total in Attachment A and the subsequent provisions of Section 2.01 of this loan agreement. The determination will only be permitted during the bypass funding period of the DWSRF program, when the NDEE can determine that an adequate program cash balance is maintained. This separate loan agreement can only be used for a project that categorically meets the DWSRF eligibilities in the State of Nebraska. Section 6.14. Electronic Signature. The NDEE and the Borrower hereby approve the usage of electronic signatures pursuant to Neb. Rev. Stat. §86-611 and Nebraska Administrative Code, Title 437, Digital Signatures Act. (a) Attachment F – Promissory Note of the CITY OF GRAND ISLAND of this Loan Agreement may not be electronically signed and must be signed physically by the authorized signatories. The Borrower agrees Page 186 of 261 Loan: D311690 Page 26 Loan Version: 10:07.05.2023 City of Grand Island that prior to electronically signing this Loan Agreement, Attachment F has been physically signed and provided to the NDEE. Section 6.14. Effective Date. This Loan Agreement shall become effective upon the latter date of the following two signatures: IN WITNESS THEREOF, the parties hereto have caused this Loan Agreement to be executed and delivered as of the date set forth below. CITY OF GRAND ISLAND, NEBRASKA NEBRASKA DEPARTMENT OF ENVIRONMENT AND ENERGY By By (printed name) (printed name) (signature) (signature) Title Mayor Title Director Date Date DRAFT: PLEASE DO NOT SIGN THIS SECTION. THIS SECTION WILL BE SIGNED ELECTRONICALLY THROUGH DOCUSIGN. Page 187 of 261 Loan: D311690 Page 27 Loan Version: 10:07.05.2023 City of Grand Island INDEX OF ATTACHMENTS Exhibit 1 - Project Description Attachment A - Loan Repayment Schedule Attachment B - Project Costs and Projected Outlay Schedule Attachment C - Financial Analysis Attachment D - List of Federal Laws and Authorities Attachment E - Borrower’s Counsel’s Opinion Attachment F - Promissory Note Attachment G - Certificate Attachment H - Resolution Attachment I - Additional Documents EXHIBIT 1 PROJECT DESCRIPTION The project to be funding by this DWSRF financing is for the replacement of Lead Service Lines, and may also include mechanical inventory efforts (e.g., potholing, hydro-vacuum excavations, service line resistivity testing, etc.) The City may elect to rely on Force Account reimbursement for costs associated with lead service line replacements, as well as all needed site restoration activities. The project includes all related work, land testing, construction change orders, and engineering fees. Page 188 of 261 Loan: D311690 Page 28 Loan Version: 10:07.05.2023 City of Grand Island ATTACHMENT A LOAN REPAYMENT SCHEDULE Payments are due on June 15 and December 15 of each year. Interest and Administrative fees shall accrue at the applicable rate as established by Section 2.03 and Section 2.04 of this Loan Agreement and repayments of such accrued interest and administrative fees will be repaid after the effective date of this Loan Agreement. A commencement of principal repayment is estimated to start on December 15, 2026 (as established by Section 2.02 of this Loan Agreement wherein repayment must begin within one (1) year from the date of Initiation of Operation, but no later than three (3) years from the date of the Loan, whichever occurs first). Amounts due will be invoiced on or about May 15 and November 15 of each year for each six-month payment period ending on the set interest payment date. Interest and Administrative fee accruing on principal amounts drawn after the invoicing date are to be included with the next invoice. The Amortization Schedule included in Attachment A is a projected schedule based upon estimated principal repayment start and full distribution of funds and is subject to change pending date of Initiation of Operation and final principal amount disbursed. Interest and Administrative fees accruing before the first principal repayment that is not reflected on the following draft amortization schedule will be billed and paid in accordance with the NDEE’s procedures. Following the receipt of Initiation of Operation date and the final disbursement of Loan proceeds to the Borrower, a revised final Attachment A shall be prepared by the NDEE to establish the final debt service schedule based upon the following parameters set forth below. Such revised final Attachment A thereafter shall be deemed to be incorporated herein by reference and made a part hereof and shall supersede and replace the projected Attachment A. The final Loan Repayment Schedule shall be calculated by the NDEE based on the following parameters: (1) Final principal amount of Loan; (2) Amount of Loan Forgiveness, if any; (3) Interest rate as set forth in Section 2.03; (4) Administrative fee rate as set forth in Section 2.04; (5) Installments of principal, interest, and fees on each June 15 and December 15 payment date shall: a. Begin no later than one year after the Initiation of Operation, or three years from the effective date of this Loan Agreement, whichever occurs first; and b. End on the last repayment which must be paid no later than forty (40) years from the date of either (i) one year after the Initiation of Operation, or (ii) three years from the effective date of this Loan agreement, whichever occurs first; and (6) Amortization of principal to achieve level payments of principal and interest (not taking into account the administrative fee payment pursuant to Section 2.04). Page 189 of 261 Loan: D311690 Page 29 Loan Version: 10:07.05.2023 City of Grand Island ATTACHMENT A 1,260,000$ INTEREST RATE (%):0.00 2,790,000$ ADMIN FEE (%):0.00 LEAD INVENTORY GRANT:450,000$ TERM (YEARS):404,500,000$ Principal Payment Principal Principal Payment Interest Admin Fee Total Payment Remaining Principal 12/15/2026 1,260,000.00$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 1,244,250.00$ 6/15/2027 1,244,250.00$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 1,228,500.00$ 12/15/2027 1,228,500.00$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 1,212,750.00$ 6/15/2028 1,212,750.00$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 1,197,000.01$ 12/15/2028 1,197,000.01$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 1,181,250.01$ 6/15/2029 1,181,250.01$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 1,165,500.01$ 12/15/2029 1,165,500.01$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 1,149,750.01$ 6/15/2030 1,149,750.01$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 1,134,000.01$ 12/15/2030 1,134,000.01$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 1,118,250.01$ 6/15/2031 1,118,250.01$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 1,102,500.01$ 12/15/2031 1,102,500.01$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 1,086,750.01$ 6/15/2032 1,086,750.01$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 1,071,000.02$ 12/15/2032 1,071,000.02$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 1,055,250.02$ 6/15/2033 1,055,250.02$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 1,039,500.02$ 12/15/2033 1,039,500.02$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 1,023,750.02$ 6/15/2034 1,023,750.02$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 1,008,000.02$ 12/15/2034 1,008,000.02$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 992,250.02$ 6/15/2035 992,250.02$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 976,500.02$ 12/15/2035 976,500.02$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 960,750.02$ 6/15/2036 960,750.02$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 945,000.03$ 12/15/2036 945,000.03$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 929,250.03$ 6/15/2037 929,250.03$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 913,500.03$ 12/15/2037 913,500.03$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 897,750.03$ 6/15/2038 897,750.03$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 882,000.03$ 12/15/2038 882,000.03$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 866,250.03$ 6/15/2039 866,250.03$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 850,500.03$ 12/15/2039 850,500.03$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 834,750.03$ 6/15/2040 834,750.03$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 819,000.04$ 12/15/2040 819,000.04$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 803,250.04$ 6/15/2041 803,250.04$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 787,500.04$ 12/15/2041 787,500.04$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 771,750.04$ 6/15/2042 771,750.04$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 756,000.04$ 12/15/2042 756,000.04$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 740,250.04$ 6/15/2043 740,250.04$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 724,500.04$ 12/15/2043 724,500.04$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 708,750.05$ 6/15/2044 708,750.05$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 693,000.05$ 12/15/2044 693,000.05$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 677,250.05$ 6/15/2045 677,250.05$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 661,500.05$ 12/15/2045 661,500.05$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 645,750.05$ 6/15/2046 645,750.05$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 630,000.05$ 12/15/2046 630,000.05$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 614,250.05$ 6/15/2047 614,250.05$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 598,500.05$ 12/15/2047 598,500.05$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 582,750.06$ 6/15/2048 582,750.06$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 567,000.06$ 12/15/2048 567,000.06$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 551,250.06$ 6/15/2049 551,250.06$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 535,500.06$ 12/15/2049 535,500.06$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 519,750.06$ 6/15/2050 519,750.06$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 504,000.06$ 12/15/2050 504,000.06$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 488,250.06$ 6/15/2051 488,250.06$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 472,500.06$ 12/15/2051 472,500.06$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 456,750.07$ 6/15/2052 456,750.07$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 441,000.07$ 12/15/2052 441,000.07$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 425,250.07$ 6/15/2053 425,250.07$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 409,500.07$ 12/15/2053 409,500.07$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 393,750.07$ 6/15/2054 393,750.07$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 378,000.07$ 12/15/2054 378,000.07$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 362,250.07$ 6/15/2055 362,250.07$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 346,500.07$ 12/15/2055 346,500.07$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 330,750.08$ 6/15/2056 330,750.08$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 315,000.08$ 12/15/2056 315,000.08$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 299,250.08$ PROJECTED AMORTIZATION SCHEDULETOTAL PRINCIPAL: LOAN FORGIVENESS: TOTAL SRF ASSISTANCE: Page 190 of 261 Loan: D311690 Page 30 Loan Version: 10:07.05.2023 City of Grand Island 6/15/2057 283,500.08$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 267,750.08$ 12/15/2057 267,750.08$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 252,000.08$ 6/15/2058 252,000.08$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 236,250.08$ 12/15/2058 236,250.08$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 220,500.08$ 6/15/2059 220,500.08$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 204,750.09$ 12/15/2059 204,750.09$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 189,000.09$ 6/15/2060 189,000.09$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 173,250.09$ 12/15/2060 173,250.09$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 157,500.09$ 6/15/2061 157,500.09$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 141,750.09$ 12/15/2061 141,750.09$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 126,000.09$ 6/15/2062 126,000.09$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 110,250.09$ 12/15/2062 110,250.09$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 94,500.09$ 6/15/2063 94,500.09$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 78,750.10$ 12/15/2063 78,750.10$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 63,000.10$ 6/15/2064 63,000.10$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 47,250.10$ 12/15/2064 47,250.10$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 31,500.10$ 6/15/2065 31,500.10$ 15,750.00$ 0.00$ 0.00$ 15,750.00$ 15,750.10$ 12/15/2065 15,750.10$ 15,750.10$ 0.00$ 0.00$ 15,750.10$ 0.00$ $945,000 $0.00 $0.00 $945,000.00TOTAL: Page 191 of 261 Loan: D311690 Page 31 Loan Version: 10:07.05.2023 City of Grand Island ATTACHMENT B PROJECT COSTS COST CLASSIFICATION ESTIMATED TOTAL COST 1) Administrative and legal expenses 200,000$ 2) Land, structures, right-of-ways, appraisals, etc. 3) Relocation expenses and payments 4) Architectural and engineering fees 5) Project inspection fees 80,000$ 6) Site work, demolition and removal 7) Construction 3,090,000$ 8) Equipment 80,000$ 9) Miscellaneous 10) LSL Inventories 450,000$ 10) SUBTOTAL (sum of lines 1-9)3,900,000$ 11) Contingencies 600,000$ 12) SUBTOTAL (sum of lines 10-11)4,500,000$ Less project (program) income TOTAL PROJECT COSTS (line 12 minus 13)4,500,000$ LSLR DWSRF Loan (Principal)1,260,000$ LSLR DWSRF Loan Forgiveness 2,790,000$ NDEE DWSRF Mechanical Inventory Grant 450,000$ TOTAL PROJECT ASSISTANCE 4,500,000$ SOURCE OF FUNDS Funds shall be made only to owners of eligible systems for eligible projects pursuant to the Safe Drinking Water Act. OUTLAY SCHEDULE 2023 ESTIMATED OUTLAY 2024 ESTIMATED OUTLAY 2025 ESTIMATED OUTLAY 2025 ESTIMATED OUTLAY January -$ 125,000.00$ 125,000.00$ 125,000.00$ February -$ 125,000.00$ 125,000.00$ 125,000.00$ March -$ 125,000.00$ 125,000.00$ 125,000.00$ April -$ 125,000.00$ 125,000.00$ 125,000.00$ May -$ 125,000.00$ 125,000.00$ 125,000.00$ June -$ 125,000.00$ 125,000.00$ 125,000.00$ July -$ 125,000.00$ 125,000.00$ 125,000.00$ August -$ 125,000.00$ 125,000.00$ 125,000.00$ September -$ 125,000.00$ 125,000.00$ 125,000.00$ October -$ 125,000.00$ 125,000.00$ 125,000.00$ November -$ 125,000.00$ 125,000.00$ 125,000.00$ December 125,000.00$ 125,000.00$ 125,000.00$ -$ ANNUAL TOTAL:125,000$ 1,500,000$ 1,500,000$ 1,375,000$ TOTAL OUTLAY:4,500,000$ Page 192 of 261 Loan: D311690 Page 32 Loan Version: 10:07.05.2023 City of Grand Island ATTACHMENT C FINANCIAL CAPABILITIES ANALYSIS The City of Grand Island, NE has requested DWSRF funding assistance of $4,500,000 to finance the replacement of lead service lines. The City of Grand Island is eligible for up to 62% DWSRF Loan Forgiveness and 10% DWSRF Inventory Grant out of the SRF SFY 2024 IUP Program. An abbreviated financial analysis is presented. The documents reviewed and used to complete this analysis are: 1. Audit reports of the City of Grand Island, for the years 2020 through 2022; 2. Water Pre-application for Federal/State Assistance; and 3. Miscellaneous correspondence from City of Grand Island in project file. Analysis of the Wastewater Treatment and Sewer Utility: The City of Grand Island manages and operates a public water system and utilizes water user rates as their user charge system. Table 1 displays the City of Grand Island’s general gross profit of their revenue and expenses from the operation for their user charge system. Table 1 User Charge System Summary Year Revenue (includes interest income) Expenses (excludes depreciation) Gross Profit (Revenue minus Expenses) 2020 $6,714,486 $4,855,316 $1,859,170 2021 $6,848,003 $5,076,721 $1,771,282 2022 $6,949,447 $5,465,030 $1,484,417 The City of Grand Island manages their water utility which generates revenue by assessing use fees on the residents and businesses in Grand Island. The revenue stream goes towards paying for the operation and maintenance expenses incurred to operate the utility. The water use revenues will be used to pay the debt service due to the proposed water utility loan. The water utility ran an operating surplus in 2020 through 2022, as shown in Table 1. As of 9/30/2022, the City of Grand Island as reported on the State of Nebraska’s Public Auditor’s website for years 2020-2022 has $78,695,000 outstanding principal debt, $15,543,160 outstanding interest debt for a total outstanding debt of $94,229,160. The long-term liabilities for business-type activities are listed below. 1. As of September 30, 2022, the City of Grand Island had a balance of $78,695,000 on combined utilities revenue refunding bonds originally issued in November 2020. a. With an interest rate of 4.0 percent and a final maturity on August 15, 2037, the Series 2020A bonds were used to prepay the promissory notes with the NDEE of the NEQ Sewer Notes and is expected to result in cash flow savings of approximately $1,900,000. b. With an interest rate of 0.443 percent and a final maturity on December 15, 2037, the Series 2020B bonds were used to refund $28,775,000 of Sewer Revenue Refunding Bonds, Series 2013, $3,980,000 of Electric System Revenue Refunding Bonds, Series 2013, and $6,535,000 of Water Revenue and Refunding Bonds, Series 2017. Page 193 of 261 Loan: D311690 Page 33 Loan Version: 10:07.05.2023 City of Grand Island The City is eligible for a 40-year DWSRF loan at a per annum interest rate of 0.0 percent plus an annual 0.0 percent administrative fee on the outstanding principal amount. The DWSRF offers loan funding assistance of $4,500,000 minus $2,790,000 in loan forgiveness and $450,000 in inventory grant assistance for a principal amount of $1,260,000. An annual debt service of $31,525 plus the DWSRF contract required 10% coverage or $3,153 for delinquency or loss of users, as shown in Table 2, totals $34,678 for the first-year debt service, which includes coverage. Principal and Interest repayments of SRF loans are protected by intercept statute Neb. Rev. Stat. §75- 1503, which allow the Department to recover delinquent loan payments by intercepting state funds that are paid to the City of Grand Island. Table 2 DWSRF Loan D311690: $4,500,000 Total Loan, less Loan Forgiveness of $2,790,000 and Inventory Grant $450,000 for a total Principal Loan of $1,260,000. DWSRF Loan Term (Years) Interest Rate Admin Fee Estimated First Year Payment First Year Payment + 10% Coverage 40 0.0% 0.0% $31,525 $34,678 The revenues from the City of Grand Island’s water utility will be dedicated to repaying the loan. The number of users is estimated at 17,740 total connections. The current water user charge is a base charge of $7.20 plus $0.80 per centrum cubic feet used per month for residential customers. The estimated current monthly water bill for 5,000 gallons usage would be $12.95. Based solely upon the projected users for the City, the user charges estimated to increase by $0.16 per user, per month is recommended for proper debt coverage to service the SRF loan. The new average user rate is estimated to be $13.11 per month, or $157.35 annually. A final assessment of revenues and costs will be analyzed to determine the actual user charge adjustment as necessary. The projected monthly water rate is $13.11 per month, or $157.35 annually. This projected household water rate total is 0.28% of the City of Grand Island’s median household income of $56,513 and is below EPA’s 2.5% upper level of water rate affordability. Page 194 of 261 Loan: D311690 Page 34 Loan Version: 10:07.05.2023 City of Grand Island ATTACHMENT D LIST OF FEDERAL LAWS AND AUTHORITIES ENVIRONMENTAL: o Archeological and Historic Preservation Act of 1974, Pub. L. 93-291, 16 U.S.C. §469a-1 o Clean Air Act, PL 95-95, as amended, 42 U.S.C. 7506(c) o Coastal Barrier Resources Act, PL 97-348, 96 Stat. 1653, 16 U.S.C. 3501 et seq. o Coastal Zone Management Act of 1972, PL 92-583, as amended, 16 U.S.C. §1451 et seq. o Endangered Species Act, PL 93-205, as amended, 16 U.S.C. 1531 et seq. o Essential Fish Habitat Consultation Process Under the Magnuson-Stevens Fishery Conservation and Management Act, PL 94-265, as amended, 16 U.S.C. §1801 et seq. o Executive Order 11988, Floodplain Management, as amended; Executive Order 12148, as amended o Executive Order 11990, Protection of Wetlands, as amended; Executive Order 12608, as amended o Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, as amended o Farmland Protection Policy Act, PL 97-98, 7 U.S.C. §4201 et seq. o National Environmental Policy Act, PL 91-190, 42 U.S.C. §4321 et seq. o National Historic Preservation Act of 1966, PL 89-665, as amended, 16 U.S.C. §740 et seq. o Safe Drinking Water Act, as amended, PL 92-523, as amended, 42 U.S.C. 300f et seq. o U.S. Fish and Wildlife Service National Wetlands Inventory o Wild and Scenic Rivers Act, PL 90-542, as amended, 82 Stat. 913, 16 U.S.C. §1271 et seq. ECONOMIC: o Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754, as amended, 42 U.S.C. §3331 et seq. o Executive Order 12549, Debarment and Suspension, as amended o Executive Order 13202, as amended; Executive Order 13208, as amended o Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act, with Respect to Federal Contracts, Grants, or Loans, as amended o Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL 91-646, as amended, 42 U.S.C. §§4601- 4655 SOCIAL LEGISLATION: o Age Discrimination Act of 1975, PL 94-135, 42 U.S.C. §6102 o Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, PL 102-389 o Executive Order 11246, Equal Employment Opportunity, as amended o Executive Orders 11625, 12138, and 12432 Women's and Minority Business Enterprise, as amended o Section 129 of the Small Business Administration Reauthorization and Amendment Act of 1988, PL 100-590 o Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 o Section 13 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. §1251 o Title VI of the Civil Rights Act of 1964, PL 88-352, 42 U.S.C. §200d MISCELLANEOUS AUTHORITY: o Nebraska Drinking Water State Revolving Loan Fund #FS - 997805 *The list of Federal Laws and Authorities is based upon the EPA’s listing of “Additional information on Cross-Cutting Federal Authorities” (http://water.epa.gov/grants_funding/dwsrf/xcuts.cfm) and the EPA’s “Cross-Cutting Federal Authorities: A Handbook on Their Application in the Clean Water and Drinking Water State Revolving Fund Programs” (October 2003; https://www.epa.gov/sites/default/files/2015-08/documents/crosscutterhandbook.pdf) as of October 12, 2015. This list is subject to change based upon the federal authorities of the EPA. Page 195 of 261 Loan: D311690 Page 35 Loan Version: 10:07.05.2023 City of Grand Island ATTACHMENT E Form of Opinion of Borrower’s Counsel [USE BORROWER’S OR COUNSEL’S LETTERHEAD] [Date] [NOTE: Any of the opinions given below may be given in reliance upon the opinion of another Bond Counsel, and one Bond Counsel may give some of the opinions and another Bond Counsel may give others.] Nebraska Department of Environment and Energy Post Office Box 98922 Lincoln, NE 68509-8922 Attention: State Revolving Fund Program To the Nebraska State Revolving Fund: I have acted as [Bond] Counsel in connection with the execution and delivery by City of Grand Island (the “Borrower”), of an Agreement for Loan No. D311690 (the “Loan Agreement”) between the Borrower and the Nebraska Department of Environment and Energy (“NDEE”) and the issuance of a promissory note (the “Note”) by the Borrower to the NDEE. All terms used in this opinion letter and not defined shall have the meanings given to them in the Loan Agreement. In this connection, I have examined the following: (a) Certified copies of the [DESCRIBE RESOLUTION AND/OR ORDINANCE PURSUANT TO WHICH LOAN AGREEMENT AND NOTE ARE TO BE ENTERED INTO]; (b) An executed counterpart of the Loan Agreement; (c) The executed Note; and (d) Such other documents as I deemed relevant and necessary in rendering this opinion. As to questions of fact material to my opinion, I have relied upon the certified proceedings and other certifications of public officials furnished to me without undertaking to verify the same by independent investigation. Based upon the foregoing I am of the opinion that: 1. The Borrower is a City duly organized and validly existing under the laws of the State of Nebraska. 2. The Borrower is a governmental unit, as such term is used in Section 141(b)(6) of the Internal Revenue Code of 1986, as amended. 3. The Borrower has the power and authority to enter into the Loan Agreement, to issue the Note, to borrow the entire principal amount provided for in Section 2.01 of the Loan Agreement (the “Principal Amount”) and to perform its obligations under the Loan Agreement and the Note. 4. The Loan Agreement and the Note have been duly authorized, executed and delivered by the Borrower and are, and would be if the entire Principal Amount were advanced to the Borrower pursuant to the Loan Agreement on the date of this opinion, valid and legally binding special obligations of the Borrower, payable solely from the sources provided therefor in the Loan Agreement, enforceable in accordance with For Borrower’s Legal/Bond Counsel: Please see notes on following page. Page 196 of 261 Loan: D311690 Page 36 Loan Version: 10:07.05.2023 City of Grand Island their respective terms, except to the extent that the enforceability thereof may be limited by laws relating to bankruptcy, insolvency or other similar laws affecting creditors’ rights generally and general principles of equity. 5. Pursuant, where applicable, to Nebraska Revised State Statutes §§18-1803 through 18-1805; §§31-732, 31-739, and 31-740, and all other applicable statutes governing eligible municipalities, the Loan Agreement creates a valid lien on the funds pledged by the Borrower pursuant to Section 3.02 of the Loan Agreement for the security of the Loan Agreement and the Note and no other debt of the Borrower is secured by a superior lien on such funds. 6. The Borrower has obtained or made all approvals, authorizations, consents, or other actions of, and filings, registrations, or qualifications with, the Borrower or any other government authority which are legally required to allow the Borrower to enter into and perform its obligations under the Loan Agreement and the Note and borrow the full Principal Amount pursuant to the Loan Agreement and the Note. Very truly yours, __________________________________ For Borrower’s Legal/Bond Counsel: A Form of Opinion of Borrower’s Counsel is required for this loan agreement. Attachment E is NDEE’s recommended language and attestations with areas of blue to be changed. The letter should be on counsel’s letterhead, if applicable, and must be signed by a counselor. Signing of the letter can be done in one of two ways: 1) A signed letter is provided to the SRF Project Manager to insert and incorporate into the loan before document is electronically signed; or 2) Counsel can sign a prepared letter inserted into the loan agreement at the time of electronic signing. Please provide an unsigned letter to the SRF Project Manager to incorporate into the loan document, and the name and email of the signee. When the loan goes out for electronic signing, the NDEE Director will sign the document; the loan will then automatically be sent to the Borrower for signature. Once signed, the loan will then automatically be sent to the attorney/bond counsel for final review and approval via signature. Any questions, please contact the SRF Project Manager. Page 197 of 261 Loan: D311690 Page 37 Loan Version: 10:07.05.2023 City of Grand Island ATTACHMENT F PROMISSORY NOTE OF THE CITY OF GRAND ISLAND, NEBRASKA FOR VALUE RECEIVED, the undersigned (the "Borrower") promises to pay, but solely from the sources described herein, to the order of the Nebraska Department of Environment and Energy ("NDEE"), or its successors and assigns, the principal sum of not to exceed $4,500,000 [less any Loan Forgiveness as established by Section 2.01 of the Loan Agreement], to the extent disbursed pursuant to Section 2.01 and Section 2.05 of the Loan Agreement No. D311690 ("the Loan Agreement"), with interest on each such amount until paid, pursuant to Section 2.03 of the Loan Agreement between the NDEE and the Borrower. In addition, the Borrower shall pay an Administrative Fee on the outstanding principal amount of this Note per annum pursuant to Section 2.04 of the Loan Agreement. The said principal, interest, and Administrative Fee shall be payable in semiannual installments each payable on June 15 and December 15 of each year in accordance with Section 2.06 of the Loan Agreement. Each installment shall be in the amount set forth in Attachment A to the Loan Agreement. The Borrower will pay any penalty or additional interest due pursuant to Section 2.06(d) of this Loan Agreement. All payments under this Note shall be payable at the offices of the NDEE in Lincoln, Nebraska, and upon the assignment of this Note to the NIFA, at the principal corporate trust office of a Trustee designated by the NIFA, or such other place as the NDEE may designate in writing. This Note is issued pursuant to and is secured by the Loan Agreement of the City of Grand Island, Nebraska, the terms and provisions of which are incorporated herein by reference. All payments of principal of and interest on this Note and other payment obligations of the Borrower hereunder shall be limited obligations of the Borrower payable solely out of the Dedicated Source of Revenue for the Payment of the Loan, as established in the Loan Agreement, and shall not be payable out of any other revenues of the Borrower. The obligations of the Borrower under this Note shall never constitute or give rise to a charge against its general credit or taxing power. This note shall not be a debt of the Borrower within the meaning of any constitutional statutory or charter limitation upon the creation of general obligation indebtedness of the Borrower. If default be made in the payment of any installment due under this Note, or by the occurrence of any one or more of the Events of Default specified in Article V of the Loan Agreement, and if such Event of Default is not remedied as therein provided, or at any time thereafter, the NDEE may give notice to the Borrower that all unpaid amounts of this Note then outstanding, together with all other unpaid amounts outstanding under the Loan Agreement, are due and payable immediately, and thereupon, without further notice or demand, all such amounts shall become and be immediately due and payable. Failure to exercise this option shall not constitute a waiver of the right to exercise the same at any time in the event of any continuing or subsequent default. The Borrower hereby waives presentment for payment, demand, protest, notice of protest and notice of dishonor. This Note and all instruments securing the same are to be construed according to the laws of the State of Nebraska. Signed and sealed, if applicable, by the following: [SEAL] (if applicable) CITY OF GRAND ISLAND, NEBRASKA NEBRASKA DEPARTMENT OF ENVIRONMENT AND ENERGY Attest: By By (signature) (signature) (signature) Title Clerk Title Mayor Title Director Date Date Date Page 198 of 261 Loan: D311690 Page 38 Loan Version: 10:07.05.2023 City of Grand Island ATTACHMENT F PROMISSORY NOTE OF THE CITY OF GRAND ISLAND, NEBRASKA (continued) Complete this section upon assignment of this Note to the NIFA. Pursuant to the Pledge Agreement dated as of ______________ as amended (the “Pledge Agreement”), by and between the NDEE and the Nebraska Investment Finance Authority (“NIFA”), and the ________________________ dated as of ___________________, as supplemented and amended, by and between NIFA ___________________________, as trustee (the “Trustee”), the NDEE hereby assigns, grants and conveys any and all of the NDEE’s rights, title and interest in this Note to NIFA, except as provided in the Pledge Agreement, and NIFA hereby assigns such rights, title and interest to the Trustee and any successor Trustee. Attested by: NEBRASKA INVESTMENT FINANCE AUTHORITY By By (printed name) (printed name) (signature) (signature) Title Title Director Date Date Note For Borrower: If there are no comments or corrections to be made to Attachment F: Promissory Note, please print page 36, sign, date, and seal (if applicable). Then mail in to: Nebraska Department of Environment & Energy ATTN: SRF PROGRAM – Steve McNulty PO Box 98922 Lincoln, NE 68509-8922 Please leave the second page of Attachment F blank. This page only needs to be completed if the Nebraska Investment Finance Authority (NIFA) is appointed as a Trustee to the project. Page 199 of 261 Loan: D311690 Page 39 Loan Version: 10:07.05.2023 City of Grand Island ATTACHMENT G CERTIFICATE OF THE CITY OF GRAND ISLAND The following certifications are made in connection with the Agreement for Loan No. D311690 (the "Loan Agreement") between the Nebraska Department of Environment and Energy ("NDEE") and the City of Grand Island, Nebraska (the "Borrower") for the purpose of establishing compliance by the Borrower with requirements for the maintenance of the tax exemption of interest on any bonds (the “Bonds”) which may be from time to time issued by the Nebraska Investment Finance Authority (“NIFA”) to provide funds for deposit in the Fund (as defined in the Loan Agreement). WHEREFORE, the undersigned hereby certifies on behalf of the Borrower to the NDEE, the NIFA and any trustee for the Bonds, as follows: 1.The undersigned is authorized to make the following certifications on behalf of the Borrower. 2.The Borrower represents that it reasonably expects that the design and construction of the Project, as defined in this Loan Agreement, will commence within the stated Project Schedule established by Section 2.07 of this Loan Agreement and that the design and construction of the Project will proceed with due diligence thereafter to completion. 3.The proceeds of the loan pursuant to the Loan Agreement will be used for the project identified in Exhibit 1 of this Loan Agreement. Signed and dated as of _________________________. City of Grand Island, Nebraska (signature) Title Mayor Date DRAFT: PLEASE DO NOT SIGN THIS SECTION. THIS SECTION WILL BE SIGNED ELECTRONICALLY THROUGH DOCUSIGN. Page 200 of 261 I I RE S O L U TI ON 2023-241 WHEREAS, on July 25, 2023 Council was presented with the Lead Service Line replacement and the Lead and Copper Revised Rules that are to take effect on October 16, 2024; and WHEREAS, the State Revolving Fund (SRF) has been set up the Nebraska Department of Environment and Energy to allow for various percentages of forgivable amounts and various payback terms based on the area of replaced and the type of work; and WHEREAS, the Water Department has developed a plan to complete work in the opportunity zone areas first to utilize the 62% forgivable and 40-year payback loan; and WHEREAS, there are a possible 1,290 service lines in the opportunity zones, it is estimated that the first SRF loan would be $4,500,000.00 of which less than $1,710,000.00 would need to be repaid; and WHEREAS, verification is considered discovery work, which will be completed using a hydro vacuum and a crew of two water maintenance workers, and will fall into the category that is 100% reimbursable. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the loan amount of $4,500,000.00 from the State Revolving Fund for the Lead Service Line replacement program be approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island 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, September 26, 2023. Attest: Ji�anere, Deputy City Clerk I �li 6m.fi-l<K-i Page 40 Loan Version: 10:07.05.2023 Loan: D311690 City of Grand Island ATTACHMENT H Page 201 of 261 Loan: D311690 Page 41 Loan Version: 10:07.05.2023 City of Grand Island ATTACHMENT I ADDITIONAL DOCUMENTS These forms will be loan specific so will need to be added/removed separately for each agreement. Attachment I.01 – Loan Forgiveness Form Attachment I.02 – Ordinance #_______ Page 202 of 261 Loan: D311690 Page 42 Loan Version: 10:07.05.2023 City of Grand Island Attachment I.01 LOAN FORGIVENESS AND GRANT AGREEMENT FORM PART I SRF LOAN FORGIVENESS AND GRANT AWARD Pursuant to Neb. Rev. Stat. §71-5322(9) et. Seq., as amended, the NDEE hereby offers the following Loan Forgiveness and Grant to the Borrower for the project as established by this Loan Agreement: (1) Loan Forgiveness and Grant of up to 62% of eligible SRF project costs of this Loan Agreement, not to exceed two million seven hundred ninety thousand dollars ($2,790,000). The Borrower agrees to only perform work in and submit project costs from lead service line replacements within poverty rate or high level of vulnerability, designated per Center of Disease Control mapping, census tracts. (2) Lead Service Line Inventory Grant. This Loan Agreement includes DWSRF Lead Service Line Inventory Grant of up to 10% of the eligible Project Costs, up to a ceiling of four hundred fifty thousand dollars ($450,000). This Loan Forgiveness and Grant is offered concurrent with this Loan Agreements Funds. Eligibility for such funds is made in accordance with the Federal Act, the state Act, Regulations, and the annual Intended Use Plan. PART II LOAN FORGIVENESS AND GRANT CERTIFICATION If the Borrower is receiving Loan Forgiveness and Grant Funds, the Borrower certifies that as a condition of receipt of state allocations under this Loan Agreement, the following information is accurate and the Borrower agrees to the following statements and stipulations: (1) The Borrower is not considered a privately owned entity; (2) Based on information from the applicable Intended Use Plan, the Borrower’s population is estimated to be 53,131. (3) The Borrower has demonstrated serious financial hardship through the assessment and processes established in the related NDEE’s State Fiscal Year’s (SFY) Intended Use Plan; (4) The Borrower’s Median Household Income (MHI) as listed in the NDEE’s SFY’s Intended Use Plan at the time of signing of this Loan Agreement is less than 120% of the State’s MHI for that SFY. (5) The total amount of Loan Forgiveness and Grant cannot exceed 75.0% of eligible SRF project cost of this Loan Agreement and cannot exceed a maximum of $3,240,000. PART III LOAN FORGIVENESS AND GRANT CONDITIONS (1) The total award of all Loan Forgiveness and Grant cannot exceed seventy-five percent of the total amount of eligible Project Costs. (2) Application and distribution of all Subsidies will be done pursuant to the terms as established by the Loan Agreement. Page 203 of 261 Loan: D311690 Page 43 Loan Version: 10:07.05.2023 City of Grand Island (3) The total subsidy amount may be changed by the NDEE if the eligible project amount changes due to the project costs. (4) Violation or noncompliance of this Loan Agreement will result in annulment of all Loan Forgiveness and Grant and a demand that any disbursed Loan Forgiveness and Grant funds be returned to the State of Nebraska immediately. (5) If a Borrower receives any funding from any other funding source for costs paid for by this Loan Agreement, it will result in annulment of Loan Agreement Funds to the extent these costs are covered by the other funding. The Borrower will promptly notify the NDEE and promptly repay loan and Loan Forgiveness funds issued by the NDEE to the extent these costs are covered by the other funding. (6) Notice of annulment of any Loan Forgiveness and Grant shall be by registered mail, return receipt requested. (7) Additional changes to the Subsidies not specified in the stipulations herein shall be made through the amendment procedure as established by this Loan Agreement. PART IV ACCEPTANCE In accepting this award, the Borrower agrees that: (1) The undersigned represents that they are duly authorized to act on behalf of the City of Grand Island, Nebraska; (2) The award is subject to the applicable provisions of §71-5322 et. seq., as amended, the Federal Act, and Regulations, and that acceptance of any payments constitutes an agreement by the Borrower that the amounts, if any, found by the state to have been overpaid, shall be refunded or credited in full to the State of Nebraska; and (3) If the Borrower receives funding from any source for any portion of the Project Costs for which a portion of the Loan Amount and Loan Forgiveness and Grant have been disbursed and is outstanding under this Loan Agreement, the recipient will notify the NDEE immediately and such portion of the Loan Amount and Loan Forgiveness and Grant amount shall become immediately due and payable. IN WITNESS THEREOF, the parties hereto agree to the information and stipulations herein. CITY OF GRAND ISLAND, NEBRASKA NEBRASKA DEPARTMENT OF ENVIRONMENT AND ENERGY By By (signature) (signature) Title Mayor Title Director Date Date DRAFT: PLEASE DO NOT SIGN THIS SECTION. THIS SECTION WILL BE SIGNED ELECTRONICALLY THROUGH DOCUSIGN. Page 204 of 261 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: November 7, 2023 Item #: 13.b. Subject: #9952 #9953 #9954 - Consideration of Approving Assessments for Parking District #3 Staff Contact: Patrick (Pat) Brown 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. The Board of Equalization approved special assessments at their full amounts on October 24, 2023 Page 205 of 261 per resolution 2023-BE-5 (B). 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. Multiple $/space credits scenarios were developed for consideration. Ordinance 9952 - $0 credit given, Parking District #3 would have an estimated $80,470 of special assessment collectible, or; Ordinance 9953 - $10 credit given, Parking District #3 would have an estimated credit amount of $7,182, leaving $76,288 of the special assessment amount collectible, or; Ordinance 9954 - $20 credit given, Parking District #3 would have an estimated credit amount of $12,842, leaving $70,628 of the special assessment amount collectible. 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 one of the proposed Ordinances reflecting the amount of credit desired. 2. Postpone the decision to future date with direction to staff as to desired credit rate and preparation of alternative ordinance. RECOMMENDATION: City Administration recommends City Council approve the ordinance that reflects the Council's desired credit amount for eligible property owners in the parking district. The alternative ordinances presented, but not acted upon by a motion to adopt, will automatically fail for lack of a motion. SAMPLE MOTION: A) Move to approve Ordinance 9954 which provides a $20 per parking space credit. OR B) Move to approve Ordinance 9953 which provides a $10 per parking space credit. OR C) Move to approve Ordinance 9952 which does not provide a parking space credit. ATTACHMENTS: 1. Parking Dist 3 Requested Credits List 2. Parking District #3 Ordinance 9952 3. Parking District #3 Ordinance 9953 4. Parking District #3 Ordinance 9954 Page 206 of 261 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 207 of 261 * This Space Reserved for Register of Deeds * ORDINANCE NO. 9952 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 208 of 261 ORDINANCE NO. 9952 - 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 209 of 261 ORDINANCE NO. 9952 - 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 210 of 261 ORDINANCE NO. 9952 - 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 211 of 261 ORDINANCE NO. 9952 - 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 212 of 261 ORDINANCE NO. 9952 - 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 - 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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 214 of 261 ORDINANCE NO. 9952 - 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 215 of 261 ORDINANCE NO. 9952 - 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 216 of 261 ORDINANCE NO. 9952 - 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 217 of 261 ORDINANCE NO. 9952 - 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 218 of 261 ORDINANCE NO. 9952 - 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 3. 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 4. Such special assessments shall be paid into a fund to be designated as the “Vehicle Offstreet Parking District No. 3”. 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. Enacted: November 7, 2023 _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 219 of 261 * This Space Reserved for Register of Deeds * ORDINANCE NO. 9953 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 220 of 261 ORDINANCE NO. 9953 - 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 - 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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 230 of 261 ORDINANCE NO. 9953 - 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 3. 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: November 7, 2023 Page 231 of 261 ORDINANCE NO. 9953 - 13 - _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 232 of 261 * This Space Reserved for Register of Deeds * ORDINANCE NO. 9954 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 233 of 261 ORDINANCE NO. 9954 - 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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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 239 of 261 ORDINANCE NO. 9954 - 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 240 of 261 ORDINANCE NO. 9954 - 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 241 of 261 ORDINANCE NO. 9954 - 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 242 of 261 ORDINANCE NO. 9954 - 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 243 of 261 ORDINANCE NO. 9954 - 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 3. 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: November 7, 2023 Page 244 of 261 ORDINANCE NO. 9954 - 13 - _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 245 of 261 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: November 7, 2023 Item #: 13.c. Subject: #9955 - Consideration of Approving Assessments for 4th Street Business District Improvement Staff Contact: Patrick (Pat) Brown BACKGROUND: On September 12, 2023, the City Council adopted Ordinance No. 9941 that created the 4th Street Business Improvement District. 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 be approved by the BID Board and forwarded to the City Council for Consideration. The 2023-2024 Budget provides for special assessments on land and real property in the District as of January 1, 2023 in the amount of $0.32592 per $100 of real property. The total taxable value of $12,272,904 provides for assessments of $40,000. 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 based on 100% of the assessed value. 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. Page 246 of 261 RECOMMENDATION: City Administration recommends that the Council approve the benefits of 4th Street Business Improvement District. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Ordinance Page 247 of 261 ORDINANCE NO. 9955 An ordinance to assess and levy a special tax to pay the 2023-2024 revenue year cost of 4th Street 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 4th Street 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 248 of 261 ORDINANCE NO. 9955 (cont.) - 2 - OWNER LEGAL NAME ASSESSMENT JOT PROPERTIES LLC JOT SUBDIVISION LOT 1 337.08 EL PALENQUE INC NITZEL SUB N 58.67' OF E 53.1' OF LT 2 123.62 DOCK/THE IMPROVEMENTS ONLY LOCATED ON UNION PACIFIC RR ROW ADJ BLK 54 OT LAN DOWNER:UNION PACIFIC RAILROAD 923.30 AKIN/BRANDON HOMETOWN THIRD SUB LT 1 439.02 JACINTO-REYNOSO/JOSE GRIMMINGER SUB LT 2 409.60 LUVIANO/PEDRO LEON JOT SUBDIVISION LOT 2 803.71 UNION PACIFIC RAILROAD MISCELLANEOUS TRACTS 16-11-9 TO THE CITYOF GRAND ISLAND PT NE 1/4 0.00 ALCANTAR/EDGAR IMPROVEMENTS ONLY LOCATED ON SO OF BLK 39 O.T. 16-11-9 MISC TRACTS LANDOWNER:UPRR ROW 485.58 GRIMMINGER/SAM & KAY GRIMMINGER SUB LT 1 78.29 GAUTHIER/CLARK IMPROVEMENTS ONLY LOCATED ON SOUTH OF BLK 42 O.T. MT 16-11-9 LANDOWNER: UNION P ACIFIC RAILROAD 373.42 GRAND ISLAND UTILITIES DEPT ORIGINAL TOWN TO THE CITY OF GRAND ISLAND PARKS DEPT 121.78 ALVARADO/MILDRED J & JOSE ORIGINAL TOWN N 44' OF S 1/2 LT 4 BLK 40 275.63 MISSOURI PACIFIC RAILROAD COMPANY ORIGINAL TOWN E 44.7' LT 7 & ALL LT 8 & VAC WHEELER ST BLK 40 180.49 LUVIANO/PEDRO LEON ORIGINAL TOWN XC NW COR PT LT 4 BLK 44 416.92 ROMERO/ANASTACIO & REYNA ORIGINAL TOWN LT 7 BLK 30 351.61 MITCHELL/JAMES G & CHARL ANN ORIGINAL TOWN E 22' LT 5 BLK 32 127.97 AGUILAR PRINTING INC ORIGINAL TOWN LT 6 BLK 33 28.39 Page 249 of 261 ORDINANCE NO. 9955 (cont.) - 3 - LINGEMAN/MICHAEL J ORIGINAL TOWN LT 8 BLK 33 454.79 RAWLINGS/TERRY & ALMA ORIGINAL TOWN LOT 8 BLK 34 661.75 ARIA DE SANCHEZ/MARIA D ORIGINAL TOWN LT 1 BLK 38 585.70 HARTFORD/KENNETH L RAILROAD ADD LT 2 BLK 110 456.37 SANCHEZ/FILEMON & AGUSTIN HUMMEL SUB LT 2 53.10 JMR ENTERPRISES LLC JMR SUB LT 1 183.52 BANDASACK/CHANH ORIGINAL TOWN LTS 3 & 4 BLK 38 837.66 GARCIA-ORTIZ/JUAN I ORIGINAL TOWN N 22' OF S 88' LT 1 & N 22' OF E 5' OF S 88' LT 2 BLK 39 108.15 GRIMMINGER/SAM & KAY ORIGINAL TOWN N 22' OF N 1/2 LT 4 BLK 40 308.83 ROTH/DONNA F ORIGINAL TOWN LOT 2 BLK 41 376.72 MURCIA/MISAEL DE JESUS ORIGINAL TOWN LTS 5-6-7 & 8 BLK 43 780.54 MIDWEST PREMIER INVESTMENTS LLC ORIGINAL TOWN W 22' LT 6 & ALL LT 5 BLK 29 224.20 MITCHELL/JAMES G & CHARL ANN ORIGINAL TOWN S 37.2' OF N 72' OF W 44' LT 5 BLK 32 133.01 MANRIQUEZ/ARIOSTO ORIGINAL TOWN E 29'4 LT 6 BLK 34 122.07 PONCE/TEODOLINDA ORIGINAL TOWN LOT 7 BLK 35 439.99 PEDRO/MIGUEL MATEO ORIGINAL TOWN LT 7 XC E 14' OF S 80' & W6' N 52' LT 8 BLK 36 518.83 MANRIQUEZ/ARIOSTO ORIGINAL TOWN W 44' LT 2 BLK 37 303.92 CLARK/PATRICK & RHONDA HUMMEL SUB LT 4 496.67 GAMEZ/ELPIDIO & ROSA JMR SUB LT 2 366.48 Page 250 of 261 ORDINANCE NO. 9955 (cont.) - 4 - KHAMMALY/APHIDET & ANNIE ORIGINAL TOWN S 22' LT 4 BLK 40 264.36 GAUTHIER/CLARK ORIGINAL TOWN PT VAC LOCUST ST & LT 1 BLK 41 250.25 LUVIANO/PEDRO LEON ORIGINAL TOWN N 43.55' X 83' LT 4 BLK 44 75.28 TR ELECTRICAL CONTRACTOR, LLC ORIGINAL TOWN LOT 6 BLK 30 575.30 LAMEXICANA INC ORIGINAL TOWN LOT 8 BLK 30 213.96 MIDWEST PREMIER INVESTMENTS LLC ORIGINAL TOWN LT 7 BLK 33 278.78 J R ENTERPRISES LLC ORIGINAL TOWN LT 5 BLK 36 567.10 CLARK/PATRICK & RHONDA HUMMEL SUB LT 1 64.65 SANCHEZ/FILEMON & AGUSTIN HUMMEL SUB LT 3 168.47 FERREIRA/GUSTAVO HURTADO ORIGINAL TOWN LT 2 BLK 38 357.88 BANDASACK/CHANH & SIPHANH ORIGINAL TOWN LOT 3 BLK 41 680.43 MISSOURI PACIFIC RAILROAD COMPANY ORIGINAL TOWN LTS 5-6-7-& 8 & VAC LOCUSTST BLK 41 325.59 GAUTHIER/CLARK A KNOTT'S SECOND SUB LT 1 165.46 LAMEXICANA INC ORIGINAL TOWN LTS 1-2-3 & 4 BLK 43 1329.76 MARTINEZ/FRANCISCO GOMEZ ORIGINAL TOWN E 44' LT 6 BLK 29 306.38 MITCHELL/JAMES G ORIGINAL TOWN W 44' OF S 60' LT 5 BLK 32 295.91 MAYHEW/SUSAN A ORIGINAL TOWN N 34.8' OF W 44' LT 5 BLK 32 125.72 AGUILAR PRINTING INC ORIGINAL TOWN LT 5 BLK 33 517.85 MIDWEST PREMIER INVESTMENTS LLC ORIGINAL TOWN LOT 6 BLK 35 425.74 Page 251 of 261 ORDINANCE NO. 9955 (cont.) - 5 - ZUMAYA/ALENJANDRO & MARGARITA RAILROAD ADD S 88.95' LT 8 BLK 111 228.11 HAMIK FAMILY. LLC HOMETOWN SECOND SUB LT 1 2226.00 THIRD CITY INVESTMENTS LLC HOMETOWN THIRD SUB LT 2 399.12 KAISER/GINA A ORIGINAL TOWN S 22' N 66' LT 1 & S 22' N66' OF E 1/3 LT 2 BLK 42 171.03 GAUTHIER/CLARK A KNOTT'S SECOND SUB LT 2 586.59 LOBO/GLENDA L & BEN ORIGINAL TOWN E 22' LT 7 & ALL LT 8 BLK 29 509.54 J O ENTERPRISES INC CSG SUB LT 1 750.34 NITZEL & COMPANY NITZEL SUB W 22' LT 1 271.75 NITZEL & COMPANY NITZEL SUB E 45.10' OF LT 1 383.88 HEUER/DARLENE L ORIGINAL TOWN LT 7 BLK 32 581.90 HEUER/DARLENE L ORIGINAL TOWN LT 8 BLK 32 62.47 SANCHEZ/AGUSTIN & RODRIGO ORIGINAL TOWN W 43.5' OF S 80' LT 5 BLK 34 381.44 GRAND ISLAND APARTMENTS, LLC ORIGINAL TOWN S 1/2 LT 8 BLK 35 364.01 SANCHEZ/RODRIGO ORIGINAL TOWN S 80' OF E 30' LT 8 BLK 36 344.71 AVILA/DOUGLAS ORIGINAL TOWN N 44' LT 1 BLK 37 184.57 MONAD LLC RAILROAD ADD LT 7 BLK 111 424.89 BANDASAK/CHANH & SIPHANH SITTLER'S SUB LT 1 290.55 ROMERO/ANASTACIA & REYNA CSG SUB LT 2 338.87 OLSON/DARREL R & LINDA M IMPROVMENTS ONLY LOCATED ON SO OF BLK 40O.T. LANDOWNER: UNION PACIFIC RAILROAD ROW 146.84 Page 252 of 261 ORDINANCE NO. 9955 (cont.) - 6 - 0.00 TUXHORN INVESTMENTS LLC ORIGINAL TOWN LT 3 BLK 40 499.84 GRIMMINGER/SAM & KAY ORIGINAL TOWN C 22' OF N 1/2 LT 4 BLK 40 288.69 MCCURDY/DAWN J ORIGINAL TOWN N 52' OF LT 5 XC E 13' OF N 52' & XC THAT PART 9' X 12' BLK 34 236.97 MOHAMED/KADAR H ORIGINAL TOWN W 36'8 LT 6 BLK 34 434.40 RAYMUNDO/SANTIAGO T ORIGINAL TOWN LT 6 BLK 36 202.13 VASQUEZ/MAGDALENO & ARACELI ORIGINAL TOWN W 36' S 80' LT 8 & E 14' S80' LT 7 BLK 36 296.28 ALAMILLA/MIGUEL R ORIGINAL TOWN E 1/2 LT 3 BLK 37 292.45 GARCIA-ORTIZ/JUAN I ORIGINAL TOWN S 44' LT 1 & S 44' LT 2 BLK 39 555.17 YENNY/GAIL J ORIGINAL TOWN LTS 1 & 2 & PT VAC ST BLK 40 400.35 GRIMMINGER/SAM & KAY ORIGINAL TOWN S 22' OF N 1/2 LT 4 BLK 40 194.42 BANDASACK/CHANH & SIPHANH SITTLER'S SUB LT 2 127.19 GRAND ISLAND UTILITIES DEPT ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 5-6-7 & 8 BLK 42 249.87 MATUL/REMIGIO GONZALEZ ORIGINAL TOWN LOT 5 BLK 30 435.79 EL PALENQUE INC NITZEL SUB S 73.33' OF LT 2 & N 58.67' OF W 12.53' OF LT 2 759.11 ALVAREZ/ROGELIO ALVALOS ORIGINAL TOWN LOT 7 BLK 34 200.22 INTERNATIONAL CHURCH OF THE FOUR ORIGINAL TOWN LT 5 BLK 35 62.47 CARREON/MANUEL M & SUSAN M ORIGINAL TOWN E 60' OF N 52' LT 8 BLK 36 230.39 BLENDER LLC ORIGINAL TOWN W 1/2 OF LT 3 & ALL LT 4 BLK 37 593.74 Page 253 of 261 ORDINANCE NO. 9955 (cont.) - 7 - 4TH & EDDY PLAZA LLC ROLLINS ADD FR LT 5 BLK 17 879.34 HLK LLC RAILROAD ADD LT 1 BLK 110 440.21 SANCHEZ/MARY RAILROAD ADD N 43.05' LT 8 BLK 111 184.83 GARCIA-ORTIZ/JUAN I ORIGINAL TOWN N 44' OF S 88' OF LTS 1 & 2 XC N 22' S 88' LT 1 XC N 22' E 5' OF S88' LT 2 BLK 39 299.51 GARCIA-ORTIZ/JUAN I ORIGINAL TOWN N 44' LT 1 & N 44' LT 2 BLK 39 315.02 KAISER/GINA A ORIGINAL TOWN N 22' 6.5 LT 1 & N 22' 6.5E 1/3 LT 2 BLK 42 244.90 KAISER/GINA A ORIGINAL TOWN S 21' 5.5 OF N 44' LT 1 & S 21' 5.5 OF N 44' OF E 1/3 LT 2 BLK 42 401.18 JOT PROPERTIES LLC ORIGINAL TOWN W 2/3 LT 7 BLK 29 225.83 LA MILAGROSA SUPER MARKET, LLC ORIGINAL TOWN E 44' LT 6 BLK 31 440.91 118 WEST 4TH STREET, LLC ORIGINAL TOWN W 22' LT 6 BLK 31 306.03 SANTOS/FELIX ALBA ORIGINAL TOWN E 22.5' OF S 80' & E 13' OF N 52' LT 5 & THAT PART 9' X 12' BLK 34 173.02 0.00 SOLORZANO-IBAL/JUAN ORIGINAL TOWN N 66' LT 8 BLK 35 124.82 LANZENDORF HOLDINGS LTD ORIGINAL TOWN S 88' LT 1 & E 22' S 66' LT 2 BLK 37 437.28 LANZENDORF HOLDINGS LTD ORIGINAL TOWN N 66' OF E 22' LT 2 BLK 37 121.18 4TH & EDDY PLAZA LLC RAILROAD ADD LT 6 BLK 111 822.23 JOT PROPERTIES LLC JOT SUBDIVISION LOT 1 337.08 EL PALENQUE INC NITZEL SUB N 58.67' OF E 53.1' OF LT 2 123.62 DOCK/THE IMPROVEMENTS ONLY LOCATED ON UNION PACIFIC RR ROW ADJ BLK 54 OT LAN 923.30 Page 254 of 261 ORDINANCE NO. 9955 (cont.) - 8 - DOWNER:UNION PACIFIC RAILROAD AKIN/BRANDON HOMETOWN THIRD SUB LT 1 439.02 JACINTO-REYNOSO/JOSE GRIMMINGER SUB LT 2 409.60 LUVIANO/PEDRO LEON JOT SUBDIVISION LOT 2 803.71 UNION PACIFIC RAILROAD MISCELLANEOUS TRACTS 16-11-9 TO THE CITYOF GRAND ISLAND PT NE 1/4 0.00 ALCANTAR/EDGAR IMPROVEMENTS ONLY LOCATED ON SO OF BLK 39 O.T. 16-11-9 MISC TRACTS LANDOWNER:UPRR ROW 485.58 GRIMMINGER/SAM & KAY GRIMMINGER SUB LT 1 78.29 GAUTHIER/CLARK IMPROVEMENTS ONLY LOCATED ON SOUTH OF BLK 42 O.T. MT 16-11-9 LANDOWNER: UNION P ACIFIC RAILROAD 373.42 GRAND ISLAND UTILITIES DEPT ORIGINAL TOWN TO THE CITY OF GRAND ISLAND PARKS DEPT 121.78 ALVARADO/MILDRED J & JOSE ORIGINAL TOWN N 44' OF S 1/2 LT 4 BLK 40 275.63 MISSOURI PACIFIC RAILROAD COMPANY ORIGINAL TOWN E 44.7' LT 7 & ALL LT 8 & VAC WHEELER ST BLK 40 180.49 LUVIANO/PEDRO LEON ORIGINAL TOWN XC NW COR PT LT 4 BLK 44 416.92 ROMERO/ANASTACIO & REYNA ORIGINAL TOWN LT 7 BLK 30 351.61 MITCHELL/JAMES G & CHARL ANN ORIGINAL TOWN E 22' LT 5 BLK 32 127.97 AGUILAR PRINTING INC ORIGINAL TOWN LT 6 BLK 33 28.39 LINGEMAN/MICHAEL J ORIGINAL TOWN LT 8 BLK 33 454.79 RAWLINGS/TERRY & ALMA ORIGINAL TOWN LOT 8 BLK 34 661.75 ARIA DE SANCHEZ/MARIA D ORIGINAL TOWN LT 1 BLK 38 585.70 Page 255 of 261 ORDINANCE NO. 9955 (cont.) - 9 - HARTFORD/KENNETH L RAILROAD ADD LT 2 BLK 110 456.37 SANCHEZ/FILEMON & AGUSTIN HUMMEL SUB LT 2 53.10 JMR ENTERPRISES LLC JMR SUB LT 1 183.51 BANDASACK/CHANH ORIGINAL TOWN LTS 3 & 4 BLK 38 837.66 GARCIA-ORTIZ/JUAN I ORIGINAL TOWN N 22' OF S 88' LT 1 & N 22' OF E 5' OF S 88' LT 2 BLK 39 108.15 GRIMMINGER/SAM & KAY ORIGINAL TOWN N 22' OF N 1/2 LT 4 BLK 40 308.83 ROTH/DONNA F ORIGINAL TOWN LOT 2 BLK 41 376.72 MURCIA/MISAEL DE JESUS ORIGINAL TOWN LTS 5-6-7 & 8 BLK 43 780.54 MIDWEST PREMIER INVESTMENTS LLC ORIGINAL TOWN W 22' LT 6 & ALL LT 5 BLK 29 224.20 MITCHELL/JAMES G & CHARL ANN ORIGINAL TOWN S 37.2' OF N 72' OF W 44' LT 5 BLK 32 133.01 MANRIQUEZ/ARIOSTO ORIGINAL TOWN E 29'4 LT 6 BLK 34 122.07 PONCE/TEODOLINDA ORIGINAL TOWN LOT 7 BLK 35 439.99 PEDRO/MIGUEL MATEO ORIGINAL TOWN LT 7 XC E 14' OF S 80' & W6' N 52' LT 8 BLK 36 518.83 MANRIQUEZ/ARIOSTO ORIGINAL TOWN W 44' LT 2 BLK 37 303.92 CLARK/PATRICK & RHONDA HUMMEL SUB LT 4 496.67 JMR ENTERPRISES LLC JMR SUB LT 2 366.48 KHAMMALY/APHIDET & ANNIE ORIGINAL TOWN S 22' LT 4 BLK 40 264.36 GAUTHIER/CLARK ORIGINAL TOWN PT VAC LOCUST ST & LT 1 BLK 41 250.25 LUVIANO/PEDRO LEON ORIGINAL TOWN N 43.55' X 83' LT 4 BLK 44 75.28 Page 256 of 261 ORDINANCE NO. 9955 (cont.) - 10 - TR ELECTRICAL CONTRACTOR, LLC ORIGINAL TOWN LOT 6 BLK 30 575.30 LAMEXICANA INC ORIGINAL TOWN LOT 8 BLK 30 213.96 MIDWEST PREMIER INVESTMENTS LLC ORIGINAL TOWN LT 7 BLK 33 278.78 J R ENTERPRISES LLC ORIGINAL TOWN LT 5 BLK 36 567.10 CLARK/PATRICK & RHONDA HUMMEL SUB LT 1 64.65 SANCHEZ/FILEMON & AGUSTIN HUMMEL SUB LT 3 168.47 FERREIRA/GUSTAVO HURTADO ORIGINAL TOWN LT 2 BLK 38 357.88 BANDASACK/CHANH & SIPHANH ORIGINAL TOWN LOT 3 BLK 41 680.43 MISSOURI PACIFIC RAILROAD COMPANY ORIGINAL TOWN LTS 5-6-7-& 8 & VAC LOCUSTST BLK 41 325.59 GAUTHIER/CLARK A KNOTT'S SECOND SUB LT 1 165.46 LAMEXICANA INC ORIGINAL TOWN LTS 1-2-3 & 4 BLK 43 1329.76 MARTINEZ/FRANCISCO GOMEZ ORIGINAL TOWN E 44' LT 6 BLK 29 306.38 MITCHELL/JAMES G ORIGINAL TOWN W 44' OF S 60' LT 5 BLK 32 295.91 MAYHEW/SUSAN A ORIGINAL TOWN N 34.8' OF W 44' LT 5 BLK 32 125.72 AGUILAR PRINTING INC ORIGINAL TOWN LT 5 BLK 33 517.85 MIDWEST PREMIER INVESTMENTS LLC ORIGINAL TOWN LOT 6 BLK 35 425.74 ZUMAYA/ALENJANDRO & MARGARITA RAILROAD ADD S 88.95' LT 8 BLK 111 228.11 HAMIK FAMILY. LLC HOMETOWN SECOND SUB LT 1 2226.00 THIRD CITY INVESTMENTS LLC HOMETOWN THIRD SUB LT 2 399.12 Page 257 of 261 ORDINANCE NO. 9955 (cont.) - 11 - KAISER/GINA A ORIGINAL TOWN S 22' N 66' LT 1 & S 22' N66' OF E 1/3 LT 2 BLK 42 171.03 GAUTHIER/CLARK A KNOTT'S SECOND SUB LT 2 586.59 LOBO/GLENDA L & BEN ORIGINAL TOWN E 22' LT 7 & ALL LT 8 BLK 29 509.54 J O ENTERPRISES INC CSG SUB LT 1 750.34 NITZEL & COMPANY NITZEL SUB W 22' LT 1 271.75 NITZEL & COMPANY NITZEL SUB E 45.10' OF LT 1 383.88 HEUER/DARLENE L ORIGINAL TOWN LT 7 BLK 32 581.90 HEUER/DARLENE L ORIGINAL TOWN LT 8 BLK 32 62.47 SANCHEZ/AGUSTIN & RODRIGO ORIGINAL TOWN W 43.5' OF S 80' LT 5 BLK 34 381.44 GRAND ISLAND APARTMENTS, LLC ORIGINAL TOWN S 1/2 LT 8 BLK 35 364.01 SANCHEZ/RODRIGO ORIGINAL TOWN S 80' OF E 30' LT 8 BLK 36 344.71 AVILA/DOUGLAS ORIGINAL TOWN N 44' LT 1 BLK 37 184.57 MONAD LLC RAILROAD ADD LT 7 BLK 111 424.89 BANDASAK/CHANH & SIPHANH SITTLER'S SUB LT 1 290.55 ROMERO/ANASTACIA & REYNA CSG SUB LT 2 338.87 OLSON/DARREL R & LINDA M IMPROVMENTS ONLY LOCATED ON SO OF BLK 40O.T. LANDOWNER: UNION PACIFIC RAILROAD ROW 146.84 0.00 TUXHORN INVESTMENTS LLC ORIGINAL TOWN LT 3 BLK 40 499.84 GRIMMINGER/SAM & KAY ORIGINAL TOWN C 22' OF N 1/2 LT 4 BLK 40 288.69 Page 258 of 261 ORDINANCE NO. 9955 (cont.) - 12 - MCCURDY/DAWN J ORIGINAL TOWN N 52' OF LT 5 XC E 13' OF N 52' & XC THAT PART 9' X 12' BLK 34 236.97 MOHAMED/KADAR H ORIGINAL TOWN W 36'8 LT 6 BLK 34 434.40 RAYMUNDO/SANTIAGO T ORIGINAL TOWN LT 6 BLK 36 202.13 VASQUEZ/MAGDALENO & ARACELI ORIGINAL TOWN W 36' S 80' LT 8 & E 14' S80' LT 7 BLK 36 296.28 ALAMILLA/MIGUEL R ORIGINAL TOWN E 1/2 LT 3 BLK 37 292.45 GARCIA-ORTIZ/JUAN I ORIGINAL TOWN S 44' LT 1 & S 44' LT 2 BLK 39 555.17 YENNY/GAIL J ORIGINAL TOWN LTS 1 & 2 & PT VAC ST BLK 40 400.35 GRIMMINGER/SAM & KAY ORIGINAL TOWN S 22' OF N 1/2 LT 4 BLK 40 194.42 BANDASACK/CHANH & SIPHANH SITTLER'S SUB LT 2 127.19 GRAND ISLAND UTILITIES DEPT ORIGINAL TOWN TO THE CITY OF GRAND ISLAND LTS 5-6-7 & 8 BLK 42 249.87 MATUL/REMIGIO GONZALEZ ORIGINAL TOWN LOT 5 BLK 30 435.79 EL PALENQUE INC NITZEL SUB S 73.33' OF LT 2 & N 58.67' OF W 12.53' OF LT 2 759.11 ALVAREZ/ROGELIO ALVALOS ORIGINAL TOWN LOT 7 BLK 34 200.22 INTERNATIONAL CHURCH OF THE FOUR ORIGINAL TOWN LT 5 BLK 35 62.47 CARREON/MANUEL M & SUSAN M ORIGINAL TOWN E 60' OF N 52' LT 8 BLK 36 230.39 BLENDER LLC ORIGINAL TOWN W 1/2 OF LT 3 & ALL LT 4 BLK 37 593.74 4TH & EDDY PLAZA LLC ROLLINS ADD FR LT 5 BLK 17 879.34 HLK LLC RAILROAD ADD LT 1 BLK 110 440.21 SANCHEZ/MARY RAILROAD ADD N 43.05' LT 8 BLK 111 184.83 Page 259 of 261 ORDINANCE NO. 9955 (cont.) - 13 - GARCIA-ORTIZ/JUAN I ORIGINAL TOWN N 44' OF S 88' OF LTS 1 & 2 XC N 22' S 88' LT 1 XC N 22' E 5' OF S88' LT 2 BLK 39 299.51 GARCIA-ORTIZ/JUAN I ORIGINAL TOWN N 44' LT 1 & N 44' LT 2 BLK 39 315.02 KAISER/GINA A ORIGINAL TOWN N 22' 6.5 LT 1 & N 22' 6.5E 1/3 LT 2 BLK 42 244.90 KAISER/GINA A ORIGINAL TOWN S 21' 5.5 OF N 44' LT 1 & S 21' 5.5 OF N 44' OF E 1/3 LT 2 BLK 42 401.18 JOT PROPERTIES LLC ORIGINAL TOWN W 2/3 LT 7 BLK 29 225.83 LA MILAGROSA SUPER MARKET, LLC ORIGINAL TOWN E 44' LT 6 BLK 31 440.91 118 WEST 4TH STREET, LLC ORIGINAL TOWN W 22' LT 6 BLK 31 306.03 SANTOS/FELIX ALBA ORIGINAL TOWN E 22.5' OF S 80' & E 13' OF N 52' LT 5 & THAT PART 9' X 12' BLK 34 173.02 0.00 SOLORZANO-IBAL/JUAN ORIGINAL TOWN N 66' LT 8 BLK 35 124.82 LANZENDORF HOLDINGS LTD ORIGINAL TOWN S 88' LT 1 & E 22' S 66' LT 2 BLK 37 437.28 LANZENDORF HOLDINGS LTD ORIGINAL TOWN N 66' OF E 22' LT 2 BLK 37 121.18 4TH & EDDY PLAZA LLC RAILROAD ADD LT 6 BLK 111 822.23 40,000.00 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. Page 260 of 261 ORDINANCE NO. 9955 (cont.) - 14 - 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 “4th Street 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. Enacted: November 7, 2023. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ Jill Granere, Deputy City Clerk Page 261 of 261