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02/06/2001 Resolutions 2001-47 I I I RES 0 L UTI 0 N 2001-47 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, as follows: SECTION 1. The Mayor and Council of the City of Grand Island, Nebraska, find and determine that to the extent approved by the electors ofthe City, it is advisable for the City to design, construct, equip, operate and maintain a municipal zoo for the City and for the City to use its general funds from the existing 1 % local sales tax and issue its negotiable general obligation bonds in the combined amount of not to exceed $5,000,000 to design, construct, and equip such municipal zoo. SECTION 2. The Mayor and Council further find and determine that it is advisable and necessary that authorization and approval of the City's electors be obtained in accordance with Neb. Rev. Stat. 916-697.02 and 932-559 and other applicable statutes. SECTION 3. A special election shall hereby be called and held in the City of Grand Island, Nebraska, on Tuesday, June 5, 2001, at which the following measure shall be submitted to the qualified electors: PROPOSAL: "Shall the City of Grand Island construct, equip, operate and maintain a municipal zoo as a part of the City's program for parks and recreation with the initial cost of construction and equipping not to exceed $5,000,000; and "Shall the Mayor and Council of the City be authorized to issue bonds in the principal amount of not to exceed $5,000,000 for purposes of paying the costs of constructing and equipping such municipal zoo, with bonds to be issued at such time or times, to become due at such time or times over such period of years not to exceed fifteen (15) years and to bear interest at such rate or rates not to exceed 7% per annum as shall be determined by the Mayor and Council; and "Shall the Mayor and Council of the City cause to be applied annually from a portion ofthe existing 1 % sales tax authorized under Ordinance No. 7600 amounts sufficient to pay the principal and interest of such bonds as the same become due?" D FOR this proposition D AGAINST this proposition Instructions: Voters voting in favor ofthe proposition shall mark an "X" in the box preceding the words "FOR this proposition" and voters voting against the proposition shall mark an "X" in the box preceding the words "AGAINST this proposition". Approved as to Form... ~ February 2, 2001 .... City Attorney I I I SECTION 4. The Mayor and Council approve and adopt the Statement of Intent, attached as Exhibit A as their understanding and expectation of the course which will be followed if the foregoing measure is approved by the electorate. SECTION 5. The proposal provided for in this Resolution shall be submitted at a special election to be conducted by the Election Commissioner ofRall County in accordance with Neb. Rev. Stat. 932-559, and a copy of this Resolution shall be certified by the City Clerk to such Election Commissioner for purposes of conducting such election. The City shall reimburse the Election Commissioner for the costs of such special election in accordance with Neb. Rev. Stat. 932- 559. SECTION 6. For purposes of complying with the requirements of 916-697.02, and related statutes, notice of election shall be given by publication in the Grand Island Independent, a newspaper published in and of general circulation in the City of Grand Island, with such publication to be for four weeks (five consecutive weekly publications) immediately prior to such election. A copy of the sample ballot shall be published in such newspaper one (1) time, not more than fifteen (15) days or less than two (2) days prior to such election, and shall be posted in the City as required by law. SECTION 7. The form of ballot and form of notice for said election shall be substantially in the form submitted at this meeting, a copy of which forms shall be made a part of the minutes ofthis meeting. The City Clerk is hereby authorized and directed, in conjunction with the Election Commissioner conducting the election, to take all other action appropriate or necessary in order to cause the election provided for in this Resolution to be conducted in accordance with the requirements of law. SECTION 8. The Mayor and Council declare that it is their intention to proceed with the program described in this Resolution as and to the extent authorized by the electors of the City at the election called by this Resolution. PASSED AND APPROVED this lo ,+J.. day of Attest: Q~\\O.L ~ City Clerk Adopted by the City Council of the City of Grand Island, Nebraska on January 23,2001. QJ\O-L ~Dw~J RaNae Edwards, City Clerk DOCS/443958.2 Approved as to Form T Cjft!!.---- February 2,2001 ... City Attorney I I I STATEMENT OF INTENT The Mayor and City Council propose to submit the issue of whether the City of Grand Island should design, build and operate a new municipal zoo to the electorate at a special election to be conducted on June 5, 2001. In order to provide as much information as possible to the electorate in advance of the election, the following is approved and adopted as the Mayor and Council's Statement of Intent with respect to the new municipal zoo in the event the ballot issue is approved by a majority of voters: 1. The proposal is to design, build and operate a new municipal zoo and if the ballot issue is approved the new zoo will be given a "fresh start" with no constraints imposed by the history, policies and enactments involving the existing zoo. 2. The new municipal zoo will be constructed on the site of the existing zoo, but may occupy some additional land in Stolley Park in order to accommodate the best possible design features for the new facility. 3. If the electorate approves the ballot issue, the City will design, build and equip the best possible facility using the $5,000,000 authorized for the project. 4. The ballot issue authorizing the expenditure of $5,000,000 is intended ,to pay for the design and construction of buildings, infrastructure, landscaping, parking and exhibits, to equip the exhibits and acquire the collection of animals. The facility will conform as closely as is practicable to the master plan for the Grand Isle Heritage Zoo prepared for the City by Zoo Plan of Wichita, Kansas. While the new municipal zoo may deviate from the master plan because of practical considerations (climate, adaptability of animals, etc.), the scope of the project may be modified, but not diminished. 5. The City will pay any bonded debt issued for the new municipal zoo from its existing 1 % sales tax and no new taxes of any kind will be enacted for the design, construction and equipping of the zoo. 6. The Mayor and City Council recognize that it is likely that projected revenues for the new municipal zoo from admissions, sales, memberships, donations, grants and other sources will not cover the ongoing operational costs and depreciation of the facility and its collection. This deficiency will be funded on a ongoing basis from the City's general fund. 7. The new municipal zoo will be a division of the City's Parks and Recreation Department and the zoo superintendent, as well as the division, will be under the supervision of the Parks and Recreation Director. I Exhibit A I I 8. While the assistance of the local zoological society will be appreciated, the City will be responsible for the ongoing operation, maintenance, repairs and improvements at the zoo in the same manner as other recreational facilities of the Parks and Recreational Department. 9. Unless operational constraints and attendance make it impractical and uneconomical, it is the intent of the City to have the new municipal zoo staffed and open to the public year around. 10. Following completion of construction and opening of the new municipal zoo, a long term plan for maintenance and capital replacements and improvements will be prepared and maintained by the Parks and Recreation Department. 11. This Statement ofIntent may be relied upon by voters in making their decision whether to approve the ballot issue for the new municipal zoo. I I