05/20/2003 Ordinances 8812
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ORDINANCE NO. 8812
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 2003-113 on April 22, 2003,
which was published on May 5,2003 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 May 20, 2003, 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 ofthe 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 April 22, 2003.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA:
Approved as to Form II
May 15, 2003
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ORDINANCE NO. 8812 (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.5 of the City of Grand Island, Nebraska.
SECTION 2. The purpose, public improvements and facilities to be included in
said district shall be:
(B)
(C)
(A)
(i) Improvement of any public place or facility in the district area, including
landscaping, physical improvements for decoration or security purposes, and
plantings, including but not limited to, plans, creation, development, equipment,
supplies, materials, services, management, staff, maintenance, improvement and
associated activities of streetscape and alleyway improvement
(ii) Construction or installation of sidewalks, parks, meeting and display
facilities, lighting, benches or other seating furniture, sculptures, trash receptacles,
shelters, fountains, and any useful or necessary public improvements, including,
but not limited to plans, creation, development, equipment, supplies, materials,
services, management, staff, maintenance, improvement, and associated activities
of streetside and other public area projects;
(iii) Maintenance, repair, and reconstruction of any improvement's or facilities
authorized by the Business Improvement District Act
(i) Creation and implementation of a plan for improving the general architectural
design of public areas in the district;
(ii) The development of any public activities and promotion of public events,
including the management and promotion and advocacy of retail trade activities
or other promotional activities, in the district area, including, but not limited to,
plans, creation, development, equipment, supplies, materials, services,
management, staff, maintenance and improvement of communication and image
building events and activities, such as holiday events, community events, media
activities, newsletters, seasonal and special events and parades and other activities
for the benefit of the district
(i) Employing or contracting for personnel 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, activities, projects, staff,
consulting services, materials, equipment, supplies, and services necessary or
convenient for the management of the affairs of the business improvement
district, to include budget development and supervision, representation of the
interests of the district to public and private entities, research, development,
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ORDINANCE NO. 8812 (Cont.)
travel, training, development and implementation of business and residential
recruitment and retention projects, projects and activities which contribute to
regaining, sustaining or improving the economic health and viability of the district
and the implementation of the goals and objectives of the Business Improvement
Board.
(ii) Any other project or undertaking for the betterment of the public facilities in
the district area, whether the project be capital or noncapita1 in nature.
SECTION 3. The outer boundaries of Business Improvement District No.5 are
described as follows:
Commencing at the Northeast comer of Lot 1, Block 54, Original Town of Grand
Island, Hall County, Nebraska; thence southerly to the Northeast comer of Lot 1,
Block 67, Original Town; thence easterly to the Northeast comer of Lot 1, Block
68, Original Town; thence southerly to the Southeast comer of said Lot 1, Block
68; thence westerly to a point on the southern boundary of Lot 3, Block 68,
Original Town, which is 22 feet East of the Southwest comer of said Lot 3, Block
68; thence southerly to a point on Lot 6, Block 68, which is 22 feet East of the
Southwest comer of said Lot 6, Block 68, Original Town; thence westerly to the
Southeast comer of Lot 8, Block 67, Original Town; thence southerly to the
Southeast comer of Lot 8, Block 78, Original Town; thence westerly to the
Southwest comer of Lot 5, Block 79, Original Town; thence southerly to the
Northwest comer of Block 9, County Subdivision to the City of Grand Island;
thence easterly to the Northeast comer of said Block 9; thence southerly to the
Southeast comer of said Block 9; thence westerly along the southern line of said
Block 9 to the Northeast comer of Lot 1, Block 1, Hann's Addition; thence
southerly along the eastern line of said Lot 1 a distance of 43.25 feet; thence
westerly along a line 43.25 feet South of and parallel to the northern line of said
Lot 1 to the point of intersection for said line and the western line of said Lot 1;
thence southerly along the western line of Block 1, Hann's Addition, to a point on
said line 50 feet North of the Southwest comer of Lot 4, Block 1, in said addition;
thence easterly along a line 50 feet North of and parallel to the southern line of
said Lot 4 for a distance of 67 feet; thence southerly a distance of 50 feet to the
southern line of said Lot 4; thence westerly a distance of 67 feet to the Southwest
comer of said Lot 4; thence northwesterly to the Southeast comer of Lot 8, Block
98, Railroad Addition to the City of Grand Island; thence westerly to the
Southwest comer of Lot 7, Block 98, Railroad Addition; thence northerly to the
Northwest comer of Lot 7, Block 98, Railroad Addition; thence easterly to the
Northeast comer of Lot 8, Block 98, Railroad Addition; thence northerly on the
eastern lot line of Lot 1, Block 98, to a point 66 feet South of the Northeast comer
of Lot 1, Block 98, Railroad Addition; thence westerly to a point on the western
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ORDINANCE NO. 8812 (Cont.)
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lot line of said Lot 1, Block 98, located a distance of 66 feet South of the
Northwest comer of said Lot 1, Block 98; thence southerly to the Southwest
comer of said Lot 1, Block 98; thence westerly to the Southwest comer of Lot 2,
Block 98, Railroad Addition; thence northerly to the Northwest comer of said Lot
2, Block 98; thence westerly to the Northwest comer of Lot 4, Block 98, Railroad
Addition; thence northerly to the Southwest comer of Lot 4, Block 88, Original
Town, thence westerly to the Southeast comer of Lot 1, Block 87, Original Town;
thence westerly to the Southwest comer of Lot 4, Block 87, Original Town;
thence northerly to the Southwest comer of Lot 5, Block 82, Original Town;
thence westerly to the Southwest comer of Lot 8, Block 83, Original Town;
thence northerly to the Southwest comer of Lot 1, Block 83, Original Town;
thence westerly to the Southwest comer of Lot 4, Block 83, Original Town;
thence northerly to the Northwest comer of said Lot 4, Block 83; thence easterly
on the North line of said Lot 4 to a point 16 feet westerly of the Northeast comer
of said Lot 4, Block 83; thence northerly to a point on the North lot line of Lot 5,
Block 62, Original Town, 16 feet westerly of the Northeast comer of said Lot 5,
Block 62; thence westerly to the Northeast comer of Lot 8, Block 61, Original
Town; thence southerly to the Southeast comer of said Lot 8, Block 61; thence
westerly to the Southwest comer of Lot 5, Block 61, Original Town; thence
southerly to the Northwest comer of Lot 4, Block 85, Original Town; thence
easterly to the Northeast comer of Lot 3, Block 85, Original Town; thence
southerly to the Southeast comer of said Lot 3, Block 85; thence westerly to the
Southwest comer of Lot 2, Block 106, Railroad Addition to the City of Grand
Island; thence northerly to the Northwest comer of said Lot 2, Block 106; thence
northwesterly to the Southwest comer of Lot 5, Block 107, Railroad Addition;
thence northerly on the West line of said Lot 5, Block 107, a distance of 88 feet;
thence easterly in a line parallel with the South line of said Lot 5 a distance of 66
feet to a point in the East line of said Lot 5; thence southerly to the Southeast
comer of said Lot 5, Block 107; thence easterly along the South line of said Block
107 to a point 29.54 feet westerly of the Southeast comer of Lot 7, Block 107,
Railroad Addition; thence northerly parallel to the East line of said Lot 7 a
distance of 71.5 feet to a point; thence easterly parallel to the South line of said
Lot 7, Block 107 a distance of 7.54 feet to a point; thence northerly parallel to the
East line of said Lot 7, Block 107 to a point in the North line of said Lot 7 being
22 feet westerly of the Northeast comer of said Lot 7, Block 107; thence westerly
to the Southwest comer of Lot 4, Block 107, Railroad Addition; thence northerly
to a point in the West line of Lot 5, Block 108, Railroad Addition, located 88 feet
northerly from the Southwest comer of said Lot 5, Block 108; thence easterly in a
line parallel with the South line of said Lot 5, Block 108, a distance of 66 feet to a
point in the East line of said Lot 5, Block 108; thence northerly to the Northeast
comer of said Lot 5, Block 108; thence easterly along the North lot line of Lot 6,
Block 108, Railroad Addition, to the Northeast comer of said Lot 6, Block 108;
thence northerly to the Northwest comer of Lot 2, Block 108, Railroad Addition;
thence westerly along the North line of said Block 108 a distance of 37 feet to a
point; thence southerly to a point on the South lot line of Lot 3, Block 108,
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ORDINANCE NO. 8812 (Cont.)
Railroad Addition, located a distance of 37 feet westerly of the Southeast comer
of said Lot 3, Block 108; thence westerly to the Southwest comer of Lot 4, Block
108, Railroad Addition; thence southerly to the Northwest comer of Lot 5, Block
108, Railroad Addition; thence westerly to the Northeast comer of Lot 8, Block
114, Railroad Addition; thence southerly to the Southeast comer of said Lot 8,
Block 114; thence westerly to the Southwest comer of Lot 7, Block 114, Railroad
Addition; thence northerly to a point on the West line of said Lot 7, Block 114,
located 88 feet northerly from the Southwest comer of said Lot 7, Block 114;
thence easterly on a line parallel with the South line of said Lot 7, Block 114, a
distance of 66 feet to a point on the East line of said Lot 7, Block 114; thence
northerly to the Southwest comer of Lot 1, Block 114, Railroad Addition; thence
easterly to the Southeast comer of said Lot 1, Block 114; thence northerly to the
Southeast comer of Lot 8, Block 113, Railroad Addition; thence westerly to the
Southwest corner of Lot 5, Block 113, Railroad Addition; thence northerly to the
Northwest corner of Lot 4, Block 113, Railroad Addition; thence easterly to the
Northeast corner of Lot 1, Block 109, Railroad Addition; thence southerly to the
Southeast corner of Lot 8, Block 109, Railroad Addition; thence easterly to the
Southwest comer of Lot 6, Block 60, Original Town of Grand Island; thence
northerly to the Southeast corner of Lot 4, Block 60, Original Town; thence
westerly to the Southwest corner of said Lot 4, Block 60; thence northerly to the
Northwest corner of said Lot 4, Block 60; thence easterly to the Northeast corner
of Lot 1, Block 54, Original Town, being the point of beginning.
SECTION 4. The real property located within the boundaries of Business
Improvement District No.5 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, except the initial creating year, a
proposed budget shall be prepared for Business Improvement District No.5 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.
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ORDINANCE NO. 8812 (Cont.)
(C) The amount of the special assessment for each property shall be calculated in
accordance with the following formula:
Assessed value of individual property divided by total assessed value of all taxable
property in the district times total special assessment equals individual special assessment.
The assessed values to be used in the above formula shall be the values, as shown in the
office of the Hall County Assessor, in effect on the first day of January of the current year.
(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 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 be come delinquent fifty (50)
days after the date of such levy. Delinquent payments shall draw interest at the rate specified in
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 owners of real
property representing fifty percent (50%) or more of the total value of the real property within
the district as shown in the office of the Hall County Assessor 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.
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ORDINANCE NO. 8812 (Cont.)
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.
Enacted: May 20, 2003.
Attest:
Qof\~ ~O W~
RaNae Edwards, City Clerk
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