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05/11/2004 Resolutions 2004-116 I I I RES 0 L UTI 0 N 2004-116 WHEREAS, Sanitary Sewer District No. 513 was created by Ordinance No. 8892 on March 23, 2004; and WHEREAS, notice ofthe creation of such sewer district was published in the Grand Island Independent, in accordance with the provisions of Section 16-667.01, RRS. 1943; and WHEREAS, Section 16-667.01, R.RS. 1943, provides that if the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within thirty days from the first publication of said notice written objections to such district, said work shall not be done and the ordinance shall be repealed; and WHEREAS, the protest period ended on April 29, 2004; and WHEREAS, Steven and Connie Asche filed a request for an agricultural deferral on April 29, 2004 pertaining to any assessments against their property located within Sanitary Sewer District No. 513; and WHEREAS, Steven and Connie Asche have filed a protest to the creation of Sanitary Sewer District No. 513 if such agricultural deferment is not granted; and WHEREAS, in the event the agricultural deferment is not granted, Steven and Connie Asche's protest will represent 51.9% ofthe total district frontage; Steven and Connie Asche's protest is the only protest filed against the creation of such district. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agricultural deferment of Steven and Connie Asche has been granted, therefore insufficient protests have been filed with the City Clerk against the creation of Sanitary Sewer District No. 513, and such district shall be continued and constructed according to law. Adopted by the City Council of the City of Grand Island, Nebraska, May 11, 2004. OD.r\aJL 9DLu(~ RaNae Edwards, City Clerk Approved as to Form IX May 6, 2004 IX City Attorney