07/23/2002 Ordinances 8751
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ORDINANCE NO. 8751
An ordinance establishing a business improvement district; establishing the
purpose of such district; describing the boundaries of such district; establishing that real property
in the area will be subject to a special assessment; establishing a method of assessment;
providing for a penalty for failure to pay the special assessment; repealing ordinances in conflict
herewith; providing for severability; and providing for publication and the effective date of this
ordinance.
WHEREAS, the City Council adopted Resolution 2002-196 on July 9, 2002,
which was published on July 11, 2002 in the Grand Island Independent establishing the intention
to create a business improvement district; and
WHEREAS, pursuant to said resolution, a notice of hearing was published and
mailed as required by law, and public hearing duly held at 7:00 p.m. on July 23, 2002, in the
Council Chambers at City Hall, 100 East First Street, Grand Island, Nebraska, concerning the
formation of such district; and
WHEREAS, the proposed business improvement district is located within the
boundaries of an established area of the City zoned for business, public, or commercial purposes;
and
WHEREAS, the City Council now finds and determines that a business
improvement district should be created in accordance with the proposal contained in said
resolution of July 9, 2002.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA:
Approved as to Form" ~
July 19, 2002 A City ttorney
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ORDINANCE NO. 8751 (Cont.)
SECTION 1. There is hereby created and established a business improvement
district pursuant to Chapter 19, Article 40, Revised Statutes of Nebraska, 1943, as amended, to
be known as Business Improvement District No.4 of the City of Grand Island, Nebraska.
SECTION 2. The purpose, public improvements and facilities to be included in
said district shall be:
(A) Improvement of any public place or facility in the district area, including
landscaping, physical improvements for decoration or security purposes, and
plantings and maintenance, repair, and reconstruction of any improvements or
facilities authorized by the Business Improvement District Act, including, but not
limited to, maintenance and improvement of the landscaped greenway;
maintenance, repair, improvement and replacement of the sprinkler system in the
greenway; regular mowing and trimming of the greenway; all facets of the
purchase, care and replacement of trees, shrubs and grass and other decorative
improvements; snow removal from the sidewalks parallel to S. Locust; purchase
of equipment, materials, supplies or other expenses to accomplish the purposes of
the district, and other incidental or ongoing expense as needed for the
maintenance, improvement and beautification of the green belt area.
(B) Employing or contracting for personnel, including administrators for any
improvement program under the act, and providing for any service as may be
necessary or proper to carry out the purposes of the act, including, but not limited
to, employment of or contracting for personnel to accomplish the purposes of the
district and to accomplish the goals and objectives of the Business Improvement
Board of the district.
SECTION 3. The outer boundaries of Business Improvement District No.4 are
described as follows:
Beginning at the southeast comer of Section Twenty One (21), Township Eleven
(11) North, Range Nine (9) West of the 6th P.M. in Grand Island, Hall County,
Nebraska; thence west on the south line of Section 21-11-9 for a distance of One
Hundred (100.0) feet; thence north on a line One Hundred (100.0) feet west of
and parallel with the line common to Section 21-11-9 and Section 22-11-9 to the
north line of the Southeast Quarter (SE1/4) of Section 21-11-9; thence east on the
north line of the Southeast Quarter (SE1I4) of Section 21-11-9 and the north line
of the Southwest Quarter (SW1/4) of Section 22-11-9 for a distance of Two
Hundred (200.0) feet; thence south on a line One Hundred (100.0) feet east of and
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Approved as to Form
July 19. 2002
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ORDINANCE NO. 8751 (Cont.)
parallel to the line common to Section 21-11-9 and Section 22-11-9 to the south
line of Section 22-11-9; thence west on the south line of Section 22-11-9 for a
distance of One Hundred (l00.0) feet to the point of beginning, as shown on the
drawings dated May 28, 2002, attached hereto and incorporated herein by
reference.
SECTION 4. The real property located within the boundaries of Business
Improvement District No.4 shall be subject to special assessment as authorized by Chapter 19,
Article 40, Sections 19-4015 through 19-4038, Revised Statutes of Nebraska, 1943, as amended,
also known as the Business Improvement District Act.
SECTION 5. The method of assessment to be imposed within said district shall
be as follows:
(A) On or before the first day of July in each year, a proposed budget shall be
prepared for Business Improvement District #4 for the ensuing fiscal year to
commence on the first day of October and end on the following last day of
September.
(B) Said proposed budget shall be considered by the city council during open session
at the second regularly scheduled city council meeting in July. Following such
consideration, a proposed assessment schedule shall be prepared.
(C) The amount of the special assessment for each property shall be calculated in
accordance with the following formula:
. The front footage of the individual real property adjacent to S. Locust Street
within the district divided by total front footage of all assessable property in the
district times the total special assessment equals individual special assessment.
. The record owners of the front footages to be used in the above formula shall be
the owners, as shown in the office of the Hall County Register of Deeds, in effect
on the first day of January of the current year.
(D) Notice of the proposed assessment shall be published as required by NE. Rev.
Statutes Section 19-4030, as amended.
(E)
The city council, sitting as a Board of Equalization, shall levy the special
assessments on all properties at one time, in accordance with the method of
assessment provided above. If the city council finds that the proposed method of
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Approved as to Form T
July 19,2002 ...
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ORDINANCE NO. 8751 (Cont.)
assessment does not provide a fair and equitable method of apportioning costs,
then it may assess the costs under such method as the city council finds to be fair
and equitable.
(F)
Said assessments shall be payable in one installment to become delinquent fifty
(50) days after the date of such levy. Delinquent payments shall draw interest at
the rate specified in the NE. Rev. Statutes Section 45-104.01, as amended. All
special assessments shall be liens upon the property assessed.
SECTION 6. In the event requests to disestablish this business improvement
district are made and filed with the city clerk within any (30) day period by record owners of
over fifty percent (50%) of the assessable units in the district, as shown in the office of the Hall
County Register of Deeds on the first day of January of the current year, the city council may
disestablish the district by ordinance after a hearing before the city council. The city council shall
adopt a resolution of intention to disestablish the area at least fifteen days prior to the hearing.
The resolution shall give the time and place of the hearing. After hearing, the city council may
disestablish the district as provided in the Business Improvement District Act.
SECTION 7. Any ordinance or ordinances in conflict herewith, be and hereby
are, repealed.
SECTION 8. If any section, subsection, sentence, phrase, or clause, of this
ordinance is, for any reason, held to be unconstitutional or invalid, such holding shall not affect
the validity of the remaining portions of this ordinance.
SECTION. 9. This ordinance shall be in force and take effect from and after its
passage, approval and publication, in pamphlet form, within fifteen days in one issue of the
Grand Island Independent as provided by law.
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Approved as to Form T
July 19, 2002 ... City Attorney
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ORDINANCE NO. 8751 (Cont.)
Enacted: July 23, 2002.
Attest:
QDllO tQL~Ja~
RaNae Edwards, City Clerk
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K~~
Approved as to Form T ~
July 19, 2002 ... City ttorney