1998 Ordinances
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ORDINANCE NO. 8353
An ordinance to amend Chapter 36 of the Grand Island City Code; to add Article X
to Chapter 36 pertaining to Towers, Telecommunication Facilities and Antennas; to amend Sections
36-13,36-14,36-15,36-16,36-17,36-18,36-19,36-20, 36-21, 36-22, 36-23, 36-24, 36-25, 36-26,
36-28,36-29, and 36-30 pertaining to Towers, Telecommunication Facilities and Antennas; to repeal
Sections 36-13, 36-14, 36-15, 36-16, 36-17, 36-18, 36-19, 36-20, 36-21, 36-22, 36-23, 36-24, 36-25,
36-26, 36-28, 36-29, and 36-30 as now existing; 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. Article X and Sections 36-100 through 36-115 are hereby added to the
Grand Island City Code to read as follows;
Article X.
Towers, Telecommunications Facilities and Antennas
~36-1 00. Purpose.
The Communications Act of 1934 as amended by the Telecommunications Act of 1996 (the
Act) grants the Federal Communications Commission (FCC) exclusive jurisdiction over certain
aspects of telecommunications services. This Article is intended to regulate towers,
telecommunications facilities and antennas in the City in conformance with the Act without
prohibiting or tending to prohibit any person from providing wireless telecommunications services.
Telecommunications facilities, towers and antennas in the City, to protect residential areas and land
uses from potential adverse impact of installation of towers and antennas through careful design,
siting, and camouflaging, to promote and encourage shared use/collocation of towers and other
antenna support structures rather than the construction of additional single use towers, to avoid
potential damage to property caused by towers, telecommunications facilities and antennas by
ensuring such structures are soundly and carefully designed, constructed, modified, maintained,
repaired and removed when no longer used or are determined to be structurally unsound and to
ensure that towers and antennas are compatible with surrounding land uses.
Approved as to Form T ~
January 13. 1998 . City Attorney
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ORDINANCE NO. 8353 (Cont.)
~ 36-101. Definitions.
As used in this Article, the following terms shall have the following meanings:
Antenna. Means a device, designed and intended for transmitting or receiving television,
radio, or microwave signals, direct satellite service (including direct-to-home satellite service),
and/or video programming services via multipoint distribution services.
Antenna Support Structure. Means any building or structure other than a tower which can
be used for location of telecommunications facilities.
Applicant. Means any person that applies for a Tower Development Permit.
Application. Means a process by which the owner of a tract of land within the zoning
jurisdiction ofthe City submits a request to develop, construct, modify, or operate a tower upon such
tract of land. The term application includes all written documentation, verbal statements, and
representations, in whatever form or forum, made by an applicant to the City concerning such
request.
Conforming Commercial Earth Station. Means a satellite dish which is two meters or less
in diameter and is located in an area where commercial or industrial uses are generally permitted
under this code.
Engineer. Means any engineer qualified and licensed by any state or territory of the United
States of America.
Owner. Means any person with fee simple title or a leasehold exceeding 10 years in
duration to any tract of land within the zoning jurisdiction of the City who desires to develop,
construct, modify, or operate a tower upon such tract of land.
Person. Any natural person, firm, partnership, association, corporation, company, or other
legal entity, private or public, whether for profit or not for profit.
Satellite Dish Antenna. Means an antenna consisting of a radiation element intended for
transmitting or receiving television, radio, microwave, or radiation signals and supported by a
structure with or without a reflective component to the radiating dish, usually circular in shape.
Stealth. Means any telecommunications facility, tower, or antenna which is designed to
enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened
roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look
other than like a tower such as light poles, power poles and trees.
Telecommunications Facilities. Means any cables, wires, lines, waive guides, antennas, or
any other equipment or facilities associated with the transmission or reception of communications
which a person seeks to locate or has installed upon or near a tower or antenna support structure.
However, telecommunications facilities shall not include:
1. Any Conforming Commercial Earth Station antenna two (2) meters in
diameter or less which is located on real estate zoned AG, TA, RO, BI, B2, B3, MI, M2 and
ME.
2. Any earth station antenna or satellite dish antenna of one (1) meter or less in
diameter, regardless ofthe zoning applicable to the location ofthe antenna.
Tower. Means a self-supporting lattice, guyed, or monopole structure which supports
Telecommunications Facilities. The term Tower shall not include non-commercial amateur radio
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Approved as to Form . ~
January 13. 1998 . City Attorney
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ORDINANCE NO. 8353 (Cont.)
operators equipment as licensed by the FCC or structure supporting an earth station antenna serving
residential premises or dwelling units exclusively.
Tower Development Permit. Means a permit issued by the City upon approval by the Mayor
and City Council of an application to develop a tower within the zoning jurisdiction of the City;
which permit shall continue in full force and effect for so long as the tower to which it applies
conforms to this Article. Upon issuance, a Tower Development Permit shall be deemed to run with
the land during the permit's duration and may be transferred, conveyed and assigned by the applicant
to assigns and successors-in-interest.
Tower Owner. Means any person with an ownership interest of any nature in a proposed
or existing tower following the issuance of a Tower Development Permit.
All terms in this Article which are not specifically defined herein shall be construed in
accordance with the Communications Act of 1934, the Telecommunications Act of 1996 and the
Rules and Regulations of the Federal Communications Commission (FCC).
~ 36-102. Location Of Towers and Construction Standards.
A. Towers shall be permitted conditional uses of land in only those zoning districts
where specifically listed and authorized in this code.
B. No person shall develop, construct, modify or operate a tower upon any tract of land
within the zoning jurisdiction of the City prior to approval of its application for a Tower
Development Permit by the Mayor and City Council and issuance of the permit by the City.
Applicants shall submit their application for a Tower Development Permit to the Building Inspection
Department in triplicate and shall pay a filing fee in accordance with ~36-84.
C. All towers, telecommunications facilities and antennas on which construction is
commenced within the zoning jurisdiction of the City after February 1, 1998, shall conform to the
Building Code and all other construction standards set forth in the City Code, federal and state law,
and applicable American National Standards Institute (ANSI) standards. Upon completion of
construction of a tower and prior to the commencement of use, an engineer's certification that the
tower is structurally sound and in conformance with all of the aforementioned applicable regulatory
standards shall be filed with the Building Department.
~ 36-103. Application To Develop A Tower.
Prior to commencement of development or construction of a tower, an application shall be
submitted in triplicate to the Building Department for a Tower Development Permit and shall include
the following:
A. The name, address and telephone number of the owner and if applicable, the lessee
of the tract of land upon which the tower is to be located. Applicants shall include the owner of the
tract of land and all persons having an ownership interest in the proposed tower. The application
shall be executed by all applicants.
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Approved as to Form . ~
January 13. 1998 . City Attorney
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ORDINANCE NO. 8353 (Cont.)
B. The legal description and address of the tract of land on which the tower is to be
located.
C. The names, addresses and telephone numbers of all owners of other towers or useable
antenna support structures within a one (1) mile radius of the location of the proposed tower,
including publicly and privately owned towers or structures.
D. An affidavit attesting to the fact that the applicant has made diligent but unsuccessful
efforts to obtain permission to install or collocate the applicant's telecommunications facilities on
a tower or useable antenna support structure within a one (1) mile radius of the proposed tower
location or written technical evidence from an engineer that the applicant's telecommunications
facilities cannot be installed or collocated on another tower or useable antenna support structure
within a one (1) mile radius of the proposed tower location.
E. Written technical evidence from an engineer that the proposed tower will meet the
Building Code, all other construction standards set forth by the City Code and federal and state law
and applicable ANSI standards.
F. Color photo simulations showing the proposed location of the tower with a photo-
realistic representation of the proposed tower as it would appear viewed from the nearest residential
zoned property and nearest roadway, street or highway.
G. Descriptions and diagrams of the proposed tower, telecommunications facilities
and/or antenna, manufacturer's literature, appurtenances such as buildings, driveway, parking area
and fences or other security enclosures with sufficient detail to allow persons reviewing the
application to understand the kind and nature of the proposed facility.
H. An application for a building permit pursuant to Chapter 8 of the City Code.
~ 36-104. Tower Development Permit: Procedure.
After receipt of an application for a Tower Development Permit, the City Clerk shall
schedule a public hearing before the City Council to consider such application. Notice of such
application shall be placed in a newspaper of general circulation in the City at least one (1) time ten
(l0) days prior to such hearing. In addition to the publication, the City Clerk shall cause a notice
to be posted in a conspicuous place on the property on which action is pending. Such notice shall
be not less than eighteen (18) inches in height and twenty four (24) inches in width with a white or
yellow background and black letters not less than one and one-half (1 ~) inches in height. Such
posted notice shall be so placed upon the premises so that it is easily visible from the street nearest
the same and shall be so posted at least ten (10) days prior to the date of such hearing. It shall be
unlawful for anyone to remove, mutilate, destroy, or change such posted notice prior to such notice.
Any person so doing shall be deemed guilty of a misdemeanor. The public hearing shall be held at
which all interested parties shall be heard. The City Council may approve a Tower Development
Permit as requested in the pending application with any conditions or safeguards it deems reasonable
and appropriate based upon the application and/or input received at the public hearing or deny the
application. In all zoning districts in which towers are a permitted conditional use ofland, the Tower
Development Permit shall be deemed a conditional use permit for said tract of land.
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ORDINANCE NO. 8353 (Cont.)
~36-105. Setbacks and Separation or Buffer Requirements.
A. All towers up to fifty (50) feet in height shall be set back on all sides a distance equal
to the underlying setback requirement in the applicable zoning district. Towers in excess of fifty
(50) feet in height shall be set back one additional foot for each foot oftower height in excess of fifty
(50) feet. The height of a tower shall be measured from the grade at the foot of the base pad to the
top of any telecommunications facilities or antennas attached thereto. Setback requirements shall
be measured from the base of the tower to the property line of the tract of land on which it is located.
B. Towers exceeding one hundred (100) feet in height may not be located in any
residential zoned district and must be separated from all residential zoned land and occupied
structures other than those utilized by the tower owner, by a minimum of two hundred (200) feet or
one hundred percent (100%) of the height of the proposed tower, whichever is greater.
C. Towers of one hundred (100) feet or less in height may be located in residential zoned
districts provided said tower is separated from any residential structure, school, church, and/or
occupied structures other than those utilized by the tower owner, by a minimum of one hundred
percent (100%) of the height of proposed tower.
D. Towers must meet the following minimum separation requirements from other
towers:
1. Monopole tower structures shall be separated from all other towers, whether
monopole, self-supporting lattice, or guyed, by a minimum of seven hundred fifty (750) feet.
2. Self-supporting lattice or guyed towers shall be separated from all other self-
supporting or guyed towers by a minimum of one thousand five hundred (1,500) feet.
~36-106. Structural Standards for Towers Adopted.
The Structural Standards For Steel Antenna Towers And Antenna Supporting Structures,
1991 Edition (ANSI/EIA/TIA 222- E-1991) is hereby adopted, together with any amendments thereto
as may be made from time to time, except such portions as are hereinafter deleted, modified, or
amended by ordinance and set forth in this chapter of the City Code.
~36-107. Illumination and Security Fences.
A. Towers shall not be artificially lighted except as required by the Federal Aviation
Administration (FAA). In cases where there are residential zoned properties located within a
distance of300% of the height of the tower, any tower subject to this Article shall be equipped with
dual mode lighting.
B. All self-supporting lattice or guyed towers shall be enclosed within a security fence
or other structure designed to preclude unauthorized access. Monopole towers shall be designed and
constructed in a manner which will preclude to the extent practical, unauthorized climbing of said
structure.
/,,r7lr
Approved as to Form . ~
January 13. 1998 . City Attorney
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ORDINANCE NO. 8353 (Cont.)
~36-108. Exterior Finish.
Towers not requiring FAA painting or marking shall have an exterior finish which enhances
compatibility with adjacent land uses, subject to review and approval by the City Council as part of
the application approval process. All towers which must be approved as a conditional use shall be
of stealth design unless stealth features are impractical or the cost of such features represents an
undue burden on the applicant.
~36-109. Landscaping.
All tracts of land on which towers, antenna support structures, telecommunications facilities
and/or antennas are located shall be subject to the landscaping requirements of the City Code.
~36-110. Maintenance, Repair or Modification of Existing Towers.
All towers constructed or under construction on February 1, 1998 may continue in existence
as a non-conforming structure and may be maintained or repaired without complying with any of
the requirements of this Article. Nonconforming structures or uses may not be enlarged or the degree
of nonconformance increased without complying with this Article, including applying for and
obtaining a Tower Development Permit. Any modification or reconstruction of a tower constructed
or under construction on February 1, 1998, shall require compliance with the requirements of this
Article including applying for and obtaining a Tower Development Permit. Said application shall
describe and specify all items which do not comply with this Article and may request, subject to
approval by the Mayor and City Council, an exemption from compliance as a condition of the Tower
Development Permit.
~36-111. Inspections.
The City reserves the right to conduct an inspection of towers, antenna support structures,
telecommunications facilities and antennas upon reasonable notice to the tower owner or operator
to determine compliance with this Article and to prevent structural and equipment failures and
accidents which may cause damage, injuries or nuisances to the public. Inspections may be made
to determine compliance with the Building Code and any other construction standards set forth in
the City Code, federal and state law or applicable ANSI standards.
~36-112. Maintenance.
The towers, antenna support structures, telecommunications facilities and antennas shall at
all times be kept and maintained in good condition, order and repair so that the same does not
constitute a nuisance to or a danger to the life or property of any person or the public.
Approved as to Form . ~
January 13. 1998 ity Attorney
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ORDINANCE NO. 8353 (Cont.)
~36-113. Abandonment.
If any tower shall cease to be used for a period of three hundred sixty-five (365) consecutive
days, the Building Department shall notify the tower owner that the site will be subject to a
determination by the Building Department Director that the site has been abandoned. Upon issuance
of a Notice to Show Cause by the Building Department Director, the tower owner shall have thirty
(30) days to show by a preponderance of the evidence that the tower has been in use or under repair
during the period of apparent abandonment. In the event the tower owner fails to show that the
tower has been in use or under repair during the relevant period, the Building Department Director
shall issue a final determination of abandonment of the site and the tower owner shall have seventy
five (75) days thereafter to dismantle and move the tower. In the event the tower is not dismantled
and removed, the tower shall be declared a public nuisance by the Building Department Director,
or hislher designee and a written request shall be directed to the City Attorney to proceed to abate
said public nuisance pursuant to Section 20-15 of the Grand Island City Code, and charge the costs
thereof against the real estate on which the tower is located or the owner of record of the said real
estate.
~36-114. Satellite Dish Antennas, Regulation.
After February 1, 1998 installation of satellite dish antennas shall be permitted within the
zoning jurisdiction of the City of Grand Island only upon compliance with the following criteria:
A. In residential zoned districts, satellite dish antennas may not exceed a diameter of ten
(10) feet.
B. Single family residences may not have more than one (1) satellite dish antenna.
C. Multiple family residences with ten or less dwelling units may have no more than one
(1) satellite dish antenna. Multiple family residences with more than ten (10) dwelling units may
have no more than two (2) satellite dish antennas.
D. In residential zoning districts, satellite dish antennas shall not be installed in the
required front yard setback area or side yard setback area.
E. All satellite dish antennas installed within the zoning jurisdiction of the City after
February 1, 1998, shall be ofa neutral color such as black, gray, brown, or such other color as will
blend with the surrounding dominant color in order to camouflage the antenna.
~36-115. Severability.
If any clause, section, or any other part of this Article shall be held in valid or
unconstitutional by any court of competent jurisdiction, the remainder of this Article shall not be
affected thereby, but shall remain in full force and effect.
Approved as to Form . ~
January 13. 1998 City Attorney
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ORDINANCE NO. 8353 (Cont.)
SECTION 2. Section 36-13 of the Grand Island City Code be and hereby is amended
to read as follows:
~36-13. AG - Agricultural Zone
Purpose: To preserve lands for agricultural uses from premature and scattered urban
development in areas not served by public utilities and thereby encourage urban development within
and contiguous to existing urban areas.
A. Permitted Principal Uses:
1. Agriculture uses excluding stock or feed yards and accessory uses
2. Dwelling units
3. Raising of field crops and horticulture
4. Country clubs as defined herein
5. Recreational camps, public parks, and recreational areas
6. Greenhouses and the raising of trees and nursery stock
7. Utility substations necessary to the functioning of the utility (but not including
general business offices, maintenance facilities) when located according to the yard space
rules set forth in this section for dwellings and having a ten-foot landscaped or masonry
barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby
properties. Installation shall not be subject to minimum area or width regulations.
8. Railway right-of-way, but not including railway yards or facilities.
B. Permitted Accessory Uses:
1. Living quarters for persons regularly employed on the premises but not including
labor camps or dwellings for transient labor.
2. Guest building
3. Customary home occupations
4. Buildings, corrals, stables or pens in conjunction with the permitted uses.
5. Buildings for the display and sale of products grown or raised on the premises,
provided, the floor area does not exceed 500 square feet.
6. Offices incidental to and necessary for a permitted use.
7. Other buildings and uses accessory to the permitted principal uses.
C. Permitted Conditional Uses: The following uses may be permitted, if approved by the
city council, in accordance with the procedures set forth in Article VIII and X of this chapter.
1. Quarters for transient labor
2. Cemeteries, memorial parks, crematories, mausoleums, and columbariums
3. Commercial mines, quarries, sand and gravel pits, and accessory uses
4. Public and quasi-public buildings and uses of an administrative, educational,
religious, cultural or public service facility, but not including hospitals, sanitoriums or
corrective institutions
5. Riding academies
6. Stock or feed yards and accessory uses
Approved as to Form . c.qt:
January 13, 1998 . City Attorney
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ORDINANCE NO. 8353 (Cont.)
7. A manufactured home on a permanent foundation on property located outside the
corporate boundary of the City of Grand Island; provided, (1) the applicant demonstrates that
compliance with the Zoning Ordinance will cause hardship or cannot be achieved without
excessive expense; and (2) that the applicant has complied with all other relevant sections
of the Grand Island City Code; and (3) the applicant has not willfully and intentionally
sought to circumvent or avoid compliance with the Grand Island Zoning Ordinance. This
section shall apply only to noncomplying uses arising on or after January 1, 1987.
8. Towers
D. Space Limitations
1. Minimum lot area per dwelling unit: 871,200 sq. ft. (20 acres)
2. Minimum lot width: 100 feet
3. Maximum height of building: 35 feet
4. Minimum front yard: 35 feet
5. Minimum rear yard: 35 feet
6. Minimum side yard: 20 feet; a comer lot shall have a setback of 35 feet adjacent
to both frontages
7. Maximum ground coverage: 10%
E. Miscellaneous Provisions:
1. Supplementary regulations shall be complied with as defined herein
2. Only one principal building shall be permitted on one zoning lot except as
otherwise provided herein
3. Any person or persons who:
(a) Own a tract of 80 acres or more may sell one tract ofless than twenty
acres per 80 acres for a dwelling unit, provided, such sale has not been previously
exercised on the large tract; and/or
(b) Own an existing dwelling unit that is ten years old or more may sell a
tract containing such dwelling; provided, the following space limitations are
complied with:
Minimum lot - 20,000 square feet
Minimum lot width - 100 feet
Maximum height of building - 35 feet
Minimum front yard - 30 feet
Minimum rear yard - 25 feet
Minimum side yard - 15 feet; a comer yard shall have a minimum set
back of 30 feet adjacent to both frontages
Maximum ground coverage - 25%
SECTION 3. Section 36-14 of the Grand Island City Code be and hereby is amended
to read as follows:
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Approved as to Form . ~
January 13, 1998 . City Attorney
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ORDINANCE NO. 8353 (Cont.)
~36-14. TA-Transitional Agriculture Zone
Purpose: To provide for a transition from rural to urban uses, and is generally located on the
fringe of the urban area. This zone permits both farm and non-farm dwellings at a maximum density
of two dwelling units per acre, as well as other open space and recreational activities.
A. Permitted Principal Uses:
1. Dwelling units
2. Raising of field crops, and horticulture
3. Country clubs as defined herein
4. Recreational camps, public parks, and recreational areas
5. Greenhouses and the raising of trees and nursery stock
6. Utility substations necessary to the functioning of the utility (but not including
general business offices, maintenance facilities) when located according to the yard space
rules set forth in this section for dwellings and having a ten foot landscaped or masonry
barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby
properties. Installation shall not be subject to minimum area or width regulations.
7. Railway right-of-way, but not including railway yards or facilities
B. Permitted Accessory Uses:
1. Living quarters for persons regularly employed on the premises but not including
labor camps or dwellings for transient labor
2. Guest building
3. Customary home occupations
4. Buildings, corrals, stables or pens in conjunction with the permitted uses
5. Buildings for the display and sale of products grown or raised on the premises,
provided, the floor area does not exceed 500 square feet
6. Offices incidental to and necessary for a permitted use
7. Other buildings and uses accessory to the permitted principal uses
C. Permitted Conditional Uses: The following uses, if approved by the city council, in
accordance with the procedures set forth in Article VIII and X of this chapter:
1. Quarters for transient labor
2. Cemeteries, memorial parks, crematories, mausoleums, and columbariums
3. Commercial mines, quarries, sand and gravel pits and accessory uses
4. Public and quasi-public buildings and uses of an administrative, educational,
religious, cultural, or public service facility, but not including hospitals, sanitoriums or
corrective institutions
5. Riding academies
6. Preschools, nursery schools, day care centers, children's homes, and similar
facilities
7. Towers
D. Space Limitations:
1. Minimum lot area per dwelling unit: 20,000 square feet
2. Minimum lot width: 100 feet
Approved as to Form . c.s;j7:5
January 13. 1998 . City Attorney
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ORDINANCE NO. 8353 (Cont.)
3. Maximum height of building: 35 feet
4. Minimum front yard: 30 feet
5. Minimum rear yard: 25 feet
6. Minimum side yard: 15 feet; a comer lot shall have a minimum setback of20 feet
adjacent to the side street
7. Maximum ground coverage: 25%
E. Miscellaneous Provisions:
1. Supplementary regulations shall be complied with as defined herein
2. Only one principal building shall be permitted on one zoning lot except as
otherwise provided herein
SECTION 4. Section 36-15 of the Grand Island City Code be and hereby is amended
to read as follows:
~36-15. Rl - Suburban Residential Zone
Purpose: To provide for residential neighborhoods at a maximum density of four to five
dwelling units per acre with supporting community facilities.
A. Permitted Principal Uses:
1. Dwelling units
2. Truck, bush and tree farming, provided, there is no display or sale at retail of such
products on the premises
3. Public parks and recreational areas
4. Country clubs as defined herein
5. Public, parochial and private schools having a curriculum equivalent to an
elementary or higher educational level and colleges offering courses of general instruction,
including convents, monasteries, dormitories, and other related living structures when
located on the same site as the college.
6. Churches, synagogues, chapels, and similar places of religious worship and
instruction of a quiet nature
7. Utility substations necessary to the functioning of the utility (but not including
general business offices, maintenance facilities, and other general system facilities) when
located according to the yard space rules set forth in this section for dwellings and having
a ten foot landscaped or masonry barrier on all sides. Buildings shall be of such exterior
design as to harmonize with nearby properties.
8. Public and quasi-public buildings for cultural use
9. Railway right-of-way but not including railway yards or facilities
B. Permitted Accessory Uses:
1. Guest buildings
2. Customary home occupations
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Approved as to Form .
January 13. 1998
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ORDINANCE NO. 8353 (Cont.)
3. Other buildings or uses accessory to the permitted principal uses
C. Permitted Conditional Uses: The following uses may be permitted, if approved by the
city council, in accordance with the procedures set forth in Article VIII and X of this chapter:
1. Preschools, nursery schools, day care centers, children's homes, and similar
facilities
2. Towers
D. Space Limitations:
1. Minimum lot area per dwelling unit: 9,000 square feet
2. Minimum lot width: 70 feet
3. Maximum height of building: 35 feet
4. Minimum front yard: 25 feet
5. Minimum rear yard: 20 feet
6. Minimum side yard: 10 feet; a corner lot shall have a minimum setback adjacent
to the side street equal to 50% of the required front yard
7. Maximum ground coverage: 30%
E. Miscellaneous Provisions:
1. Supplementary regulations shall be complied with as defined herein
2. Only one principal building shall be permitted on one zoning lot except as
otherwise provided herein
SECTION 5. Section 36-16 ofthe Grand Island City Code be and hereby is amended
to read as follows:
~36-16. R2 - Low Density Residential Zone
Purpose: To provide for residential neighborhoods at a maximum density of seven dwelling
units per acre with supporting community facilities.
A. Permitted Principal Uses:
1. Dwelling units
2. Truck, bush and tree farming, provided, there is no display or sale at retail of such
products on the premises
3. Public parks and recreational areas
4. Country clubs as defined herein
5. Public, parochial and private schools having a curriculum equivalent to an
elementary or higher educational level and colleges offering courses of general instruction,
including convents, monasteries, dormitories, and other related living structures when
located on the same site as the college
6. Churches, synagogues, chapels and similar places of religious worship and
instruction of a quiet nature
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Approved as to Form . C"...J(J --
January 13, 1998 . City Attorney
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ORDINANCE NO. 8353 (Cont.)
7. Utility substations necessary to the functioning of the utility, but not including
general business offices, maintenance facilities, and other general system facilities when
located according to the yard space rules set forth in this section for dwellings and having
a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to
harmonize with nearby properties.
8. Public and quasi-public buildings for cultural use
9. Railway right-of-way, but not including railway yards or facilities
B. Permitted Accessory Uses:
1. Customary home occupations
2. Buildings and uses accessory to the permitted principal use
C. Permitted Conditional Uses: The following uses may be permitted, if approved by the
city council, in accordance with the procedures set forth in Article VIII and X ofthis chapter.
1. Preschools, nursery schools, day care centers, children's homes and similar
facilities
2. Towers
D. Space Limitations:
1. Minimum lot area per dwelling unit: 6,000 square feet
2. Minimum lot width: 50 feet
3. Maximum height of buildings: 35 feet
4. Minimum front yard: 25 feet
5. Minimum rear yard: 20 feet
6. Minimum side yard: 5 feet; a comer lot shall have a minimum setback adjacent
to the side street equal to 50% of the required front yard
7. Maximum ground coverage: 35%
E. Miscellaneous Provisions:
1. Supplementary regulations shall be complied with as defined herein
2. Only one principal building shall be permitted on one zoning lot except as
otherwise provided herein.
SECTION 6. Section 36-17 of the Grand Island City Code be and hereby is amended
to read as follows:
~36-17. R3 - Medium Density Residential Zone
Purpose: To provide for residential uses at a maximum density of fourteen to fifteen
dwelling units per acre with supporting community facilities. This zone is some times used as a
transitional zone between lower density residential zones and higher density residential, office,
business, or manufacturing zones.
A. Permitted Principal Uses:
1. Dwelling units
Approved as to Form . ~
January 13. 1998 . City Attorney
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ORDINANCE NO. 8353 (Cont.)
2. Truck, bush and tree farming, provided, there is no display or sale at retail of such
products on the premises
3. Public parks and recreational areas
4. Country clubs as defined herein
5. Public, parochial and private schools having a curriculum equivalent to an
elementary or higher educational level and colleges offering courses of general instruction,
including convents, monasteries, dormitories and other related living structures when located
on the same site as the college.
6. Churches, synagogues, chapels, and similar places of religious worship and
instruction of a quiet nature.
7. Utility substations necessary to the functioning of the utility, but not including
general business offices, maintenance facilities and other general system facilities, when
located according to the yard space rules set forth in this section for dwellings and having
a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to
harmonize with nearby properties.
8. Public and quasi-public buildings for cultural use
9. Railway right-of-way, but not including railway yards or facilities
B. Permitted Accessory Uses:
1. Customary home occupations
2. Buildings and uses accessory to the permitted principal use
C. Permitted Conditional Uses: The following uses may be permitted, if approved by the
city council, in accordance with the procedures set forth in Article VIII of this chapter:
1. Nonprofit community buildings and social welfare establishments other than those
providing living accommodations
2. Driveways, parking lots, or buildings when directly associated with or accessory
to a permitted principal use in an adjacent zone.
3. Preschools, nursery schools, day care centers, children's homes, and similar
facilities
4. Towers
D. Space Limitations:
1. Minimum lot area per dwelling unit: 3,000 square feet
2. Minimum zoning lot: 6,000 square feet
3. Minimum lot width: 50 feet
4. Maximum height of building: 35 feet
5. Minimum front yard: 20 feet
6. Minimum rear yard: 15 feet
7. Minimum side yard: 5 feet; a comer lot shall have a minimum setback adjacent
to the side street equal to 50% of the required front yard
8. Maximum ground coverage: 50%
E. Miscellaneous Provisions:
1. Supplementary regulations shall be complied with as defined herein
Approved as to Form . ~
January 13, 1998 . City Attorney
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ORDINANCE NO. 8353 (Cont.)
2. Only one principal building shall be permitted on one zoning lot except as
otherwise provided herein.
SECTION 7. Section 36-18 of the Grand Island City Code be and hereby is amended
to read as follows:
~36-18. R4 - High Density Residential Zone
Purpose: To provide for residential uses at a maximum density of forty-three dwelling units
per acre with supporting community facilities. This zone is also used as a transitional zone between
lower density residential zones and office, business, or manufacturing zones.
A. Permitted Principal Uses:
1. Dwelling units
2. Boarding and lodging houses, fraternity and sorority houses
3. Truck, bush and tree farming, provided there is no display or sale at retail of such
products on the premises
4. Public parks and recreational areas
5. Country clubs as defined herein
6. Public, parochial and private schools having a curriculum equivalent to an
elementary or higher educational level and colleges offering courses of general instruction,
including convents, monasteries, dormitories and other related living structures when located
on the same site as the college.
7. Churches, synagogues, chapels and similar places of religious worships and
instruction of a quiet nature
8. Utility substations necessary to the functioning of the utility, but not including
general business offices, maintenance facilities and other general system facilities when
located according to the yard space rules set forth in the section for dwellings and having a
landscaped or masonry barrier on all sides. Buildings shall be of such design as to
harmonize with nearby properties.
9. Public and quasi-public buildings for cultural use.
10. Railway right-of-way, but not including railway yards or facilities.
11. Nonprofit community buildings and social welfare establishment.
12. Preschools, nursery schools, day care centers, children's homes and similar
facilities
B. Permitted Accessory Uses:
1. Customary home occupations
2. Buildings and uses accessory to the permitted principal uses
C. Permitted Conditional Uses: The following uses may be permitted, if approved by the
city council, in accordance with the procedures set forth in Article VIII and X of this chapter:
/,n')-
Approved as to Form. ~
January 13. 1998 . City Attorney
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ORDINANCE NO. 8353 (Cont.)
1. Driveways, parking lots or buildings when directly associated with or accessory
to a permitted principal use in an adjacent zone.
2. Towers
D. Space Limitations:
1. Minimum lot area per dwelling unit: 1,000 square feet
2. Minimum zoning lot: 6,000 square feet
3. Minimum lot width: 50 feet
4. Maximum height of building: 80 feet
5. Minimum front yard: 10 feet
6. Minimum rear yard: 10 feet
7. Minimum side yard: 5 feet
8. Maximum ground coverage: 60%
E. Miscellaneous Provisions:
1. Supplementary regulations shall be complied with as defined herein
2. Only one principal building shall be permitted on one zoning lot except as
otherwise provided herein.
SECTION 8. Section 36-19 of the Grand Island City Code be and hereby is amended
to read as follows:
~36-19. RO - Residential Office Zone
Purpose: To provide the highest density of residential uses as well as for various office,
personal services and professional uses. This zone is also used as a transitional zone between lower
density residential zones and business or manufacturing zones.
A. Permitted Principal Uses:
1. Dwelling units
2. Boarding and lodging houses, fraternity and sorority houses
3. Truck, bush and tree farming, provided, there is no display or sale at retail of such
products on the premises
4. Public parks and recreational areas
5. Country clubs as defined herein
6. Public, parochial and private schools having a curriculum equivalent to an
elementary or higher educational level, and colleges offering courses of general instruction,
including convents, monasteries, dormitories, and other related living structures when
located on the same site as the college.
7. Churches, synagogues, chapels, and similar places of religious worship and
instruction of a quiet nature
8. Utility substations necessary to the functioning of the utility, but not including
general business offices, maintenance facilities and other general system facilities, when
/n?-
Approved as to Form . ~
January 13. 1998 . City Attorney
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ORDINANCE NO. 8353 (Cont.)
located according to the yard space rules set forth in this section for dwellings and having
a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to
harmonize with nearby properties.
9. Public and quasi-public buildings for cultural use.
10. Railway right-of-way but not including railway yards or facilities.
11. Nonprofit community buildings and social welfare establishments.
12. Hospitals, nursing homes, convalescent or rest homes.
13. Radio and television stations (no antennae), private clubs and meeting halls
14. Vocational or trade schools, business colleges, art and music schools and
conservatories, and other similar uses.
15. Beauty parlors and barber shops.
16. Office and office buildings for professional and personal services such as real
estate, insurance, savings and loan associations, banks, accountants, architects, engineers,
photographers, doctors, dentists, optometrists, chiropractors, podiatrists, etc. Retail activities
shall be permitted but limited to uses pertaining to professional prescription services such
as pharmacies, opticians, audiology, medical supply shops or items clearly accessory with
the service such as picture frames to the photographer, shampoo and hair care items to the
beauty and barber shop or similar uses.
17. Mortuaries, funeral homes, and funeral chapels.
18. Preschools, nursery schools, day care centers, children's homes, and similar
facilities.
B. Permitted Accessory Uses:
1. Customary home occupations
C. Permitted Conditional Uses: The following uses may be permitted, if approved by the
city council, in accordance with the procedures set forth in Article VIII and X of this chapter:
1. Driveways, parking lots or buildings when directly associated with or accessory
to a permitted principal use in an adjacent zone.
2. Towers
D. Space Limitations:
1. Minimum lot area per dwelling units: None
2. Minimum zoning lot: 6,000 square feet
3. Minimum lot width: 50 feet
4. Maximum height of building: 150 feet
5. Minimum front yard: 10 feet
6. Minimum rear yard: 10 feet
7. Minimum side yard: 5 feet
8. Maximum ground coverage: 75%
E. Miscellaneous Provisions:
1. Supplementary regulations shall be complied with as defined herein
2. Only one principal building shall be permitted on one zoning lot except as
otherwise provided herein.
17
Approved as to Form .
January 13. 1998
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ORDINANCE NO. 8353 (Cont.)
SECTION 9. Section 36-20 of the Grand Island City Code be and hereby is amended
to read as follows:
~36-20. Bl - Light Business Zone
Purpose: To provide for neighborhood shopping and service facilities which will serve the
needs of the surrounding residential area. Residential uses are permitted at the density of the R4
Zone.
A. Permitted Principal Uses:
1. Uses as listed under permitted principal uses ofRO Zone
2. Stores and shops for the conduct of retail business, provided, all activities and
display goods are carried on within an enclosed building except that green plants and shrubs
may be displayed in the open.
3. Offices and office buildings
4. Specific retail uses such as: Automobiles, automobile parts, and accessories,
automobile trailers, appliances, beverages, bicycles and bicycle accessories (including
rental), boats, books, bronzes, cameras and film, candy, carpets, clothing, confections, curios,
dairy products, drugs, dry goods, electrical goods, fish (dressed), furniture (new and/or
genuine antique), flowers, furs, groceries, guns, hardware, instruments (musical, professional
or scientific), hats, jewelry, liquor, meats, motor vehicles, newspapers and magazines,
notions, paint, paintings or art work, pastries, porcelain, poultry (dressed), radios, seed,
shoes, sporting goods, stationery, television sets.
5. Specific agency uses such as: Advertising, airplane broker (no merchandise),
bakery, cleaning and dyeing, collection, dancing school or academy, detective (private),
employment, laundry, messenger service, real estate, telephone answering, travel
6. Specific shops such as: Antiques (genuine), barber and/or beauty, child care,
dressmaking, embroidery, hobby, knit, locksmith, pet shop and/or school, shoe repair,
specialty, tailor, television and appliance repair, watch repair.
7. Specific uses such as: Advertising distribution, art studio or school, assaying,
automobile parking lot or building, automobile service station, automobile wash, bank,
billiard hall, bowling alley, business school, cafe or restaurant (no dancing or entertainment),
clinic, coin operated laundry or dry cleaning establishments, decorators studio, delicatessen,
dental laboratory, department store, drive-in food and/or beverage establishments, financial
institutions, fine arts gallery, garden supplies including nursery stock, ice delivery station,
library (circulating or commercial), music store, music studio or school, photographers
studio, recreation center and/or facilities (including miniature golf, kiddy parks, skating
rinks, trampoline, etc.), reducing salon, refreshment stand, sponging and pressing (no power
driven laundry or dry cleaning), swimming pool (commercial other than public), tavern (bar
18
Approved as to Form .
January 13, 1998
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ORDINANCE NO. 8353 (Cont.)
and cocktail lounge), telegraph office, theater, vending machines, X-ray operators and
laboratories.
B. Permitted Accessory Uses:
1. Buildings and uses accessory to the permitted principal use.
C. Permitted Conditional Uses. The following uses may be permitted, if approved by the
city council, in accordance with the procedures set forth in Article VIII and X of this chapter:
1. Towers
D. Space Limitations:
1. Minimum lot area: 3,000 square feet
2. Minimum lot width: 30 feet
3. Maximum height of building: 35 feet
4. Minimum front yard: 10 feet
5. Minimum rear yard: 10 feet
6. Minimum side yard: 5 feet
7. Maximum ground coverage: 75%
E. Miscellaneous Provisions:
1. Supplementary regulations shall be complied with as defined herein.
2. Only one principal building shall be permitted on one zoning lot except as
otherwise provided herein
SECTION 10. Section 36-21 of the Grand Island City Code be and hereby is
amended to read as follows:
~36-21. B2 - General Business Zone
Purpose: To provide for the service, retail and wholesale needs of the general.community.
This zone will contain uses that have users and traffic from all areas of the community and trade
areas, and therefor will have close proximity to the major traffic corridors of the City. Residential
uses are permitted at the density of the R4 Zone.
A. Permitted Principal Uses:
1. Uses as listed under permitted principal uses of the B1 Zone.
2. Stores and shops for the conduct of wholesale business, including sale of used
merchandise.
3. Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles,
trailers, manufactured homes, farm and construction machinery, etc.
4. Specific uses within a building such as: Animal hospital area, aquarium, auction
house or store, automobile repair (no body repair), automobile sales and rental, aviary, bath
house, blueprinting, book bindery, bottling plant Guices and soft drinks), building supply,
canvas shop, carpet cleaning, chickens (sale of chicks), dance hall, dyeing of yarns, engraver,
express office, extermination, fumigation and sterilization services, feed and grain retail
Approved as to Form .
January 13, 1998
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ORDINANCE NO. 8353 (Cont.)
sales, film exchange, food lockers, furniture storage and repair, glass cutting and staining
(with retail sales), gymnasium, laboratory (experimental or scientific), lapidary, leather
goods (sale and incidental manufacture), lithographer, laundry, dry cleaning and dyeing
plant, massage parlor, medical appliances retail sales, motel and/or hotel, newspaper printing
office, office machines sales and service, optical glass grinding, pawn shop, photo finishing,
plumbing shop, poultry hatchery, printer or publisher, sign painting shop, service enterprises
of all kinds, sports arena, storage garage, tavern, bar or cocktail lounge, taxidermist, tire shop
(repair and vulcanizing only), towel and linen service, trade or vocational school, upholstery
shops.
5. Specific uses such as: Archery range, billboards, drive-in theater, golf driving
range, storage yard (no junk, salvage or wrecking).
6. Manufacture, fabrication or assembly uses incidental to wholesale or retail sales
wherein not more than 20% of the floor area is so used.
B. Permitted Accessory Uses:
1. Building and uses accessory to the permitted principal use.
C. Permitted Conditional Uses. The following uses may be permitted, if approved by the
city council, in accordance with the procedures set forth in Article VIII and X of this chapter:
1. Recycling business
2. Towers
D. Space Limitations:
1. Minimum lot area: 3,000 square feet
2. Minimum lot width: 30 feet
3. Maximum height of building: 55 feet
4. Minimum front yard: None
5. Minimum rear yard: None, if bounded by an alley, otherwise 10 feet.
6. Minimum side yard: None, but if provided, not less than five feet, or unless
adjacent to a parcel whose zone requires a side yard setback, then five feet.
7. Maximum ground coverage: 100%
D. Miscellaneous Provisions:
1. Supplementary regulations shall be complied with as defined herein
2. Only one principal building shall be permitted on one zoning lot except as
otherwise provided herein.
SECTION 11. Section 36-22 of the Grand Island City Code be and hereby is
amended to read as follows:
20
Approved as to Form . ?;,~
January 13. 1998 Ci Attorney
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ORDINANCE NO. 8353 (Cont.)
~36-22. AC - Arterial Commercial Zone
Purpose: To provide an overlay of the B2 Zone in order to require increased front setbacks,
landscaping, and the limitation of some uses within areas along entrance corridors of the city. As
the name implies, the overlay will be most commonly used along an arterial street corridor.
A. Permitted Principal Uses:
1. Uses as listed under permitted principal uses in the B2-General Business Zone
underlying the Arterial Commercial Zone indication with the following exceptions: animal
hospital with outside pens, auction house or retail store with outside display of used
merchandise or outside storage, aviary with outside display or sales, billboards, bottling plant
(juices and soft drinks), chickens (sale of chicks), feed and grain retail sales, massage parlor,
plumbing shop with outside storage, poultry hatchery, storage yard.
B. Permitted Accessory Uses:
1. Buildings and uses accessory to the permitted principal uses.
2. Automotive body repair may be accessory to new or used automotive sales or
rental, provided, no outside storage of parts shall be permitted.
C. Permitted Conditional Uses: The following uses may be permitted, if approved by the
city council, in accordance with procedures set forth in Article VIII and X of this chapter:
1. Billboards for a four-year time period.
2. Towers
D. Space Limitations:
1. Minimum lot area: 5,000 square feet
2. Minimum lot width: 50 feet
3. Maximum height of building: 55 feet
4. Minimum front yard: 20 feet
5. Minimum rear yard: None, if bounded by an alley, otherwise 10 feet
6. Minimum side yard: None, but if provided, not less than 5 feet, or unless adjacent
to a parcel whose zone requires a side yard setback, then 5 feet.
7. Maximum ground coverage: 80%
E. Procedure:
1. An application for an amendment to the arterial commercial zone on the Official
Zoning Map shall follow all procedural requirements as set forth in this chapter.
F. Miscellaneous Provisions:
1. Supplementary regulations shall be complied with as defined herein.
2. Only one principal building shall be permitted on anyone zoning lot except as
otherwise provided herein.
3. Landscaping shall be provided and maintained on a minimum of 20% of the
required 20 foot front yard setback. Landscaping shall mean lawn areas and may also
include trees, shrubs, and flowers. Crushed or lava rock, gravel" bark chips, etc.. shall not
substitute for lawn area.
4. All free-standing on-site ground signs shall be limited to four square feet of sign
area per side of each one foot of frontage with a maximum of 400 square feet per side. The
21
Approved as to Form' ~
January 13, 1998 . City Attorney
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ORDINANCE NO. 8353 (Cont.)
maximum height of the sign shall be 30 feet. A free-standing sign shall be no closer than
25% of the total frontage to the adjacent property, except at the street side of a comer lot
where they may be within that 25% of lot frontage.
5. No billboards shall be permitted to be stacked one above the other. A billboard
shall not receive existing rights status or "grandfather" rights unless structurally complete at
the date of adoption of this section. A billboard that does receive existing rights at the date
of adoption of this section shall be subject to conditional use approval for continued use four
calendar years after the date of adoption of this section or shall be considered to be fully
amortized and shall be removed.
6. All improvements and uses shall be designed to direct primary vehicular and
pedestrian traffic to arterial street access and reduce such traffic on adjacent non-arterial
streets and alleys.
SECTION 12. Section 36-23 of the Grand Island City Code be and hereby is
amended to read as follows:
~36-23. B3 - Heavy Business Zone
Purpose: To provide for the multiple uses within the central business district. Residential
uses are permitted at the density of the RO Zone.
A. Permitted Principal Uses:
1. Uses as listed under permitted principal uses of the B 1 Zone
2. Hotel and motel uses
B. Permitted Accessory Uses:
1. Buildings and uses accessory to the permitted principal use.
C. Permitted Conditional Uses: The following uses may be permitted, if approved by the
city council, in accordance with the procedures set forth in Article VIII and X of this chapter:
1. Stores and shops for the conduct of wholesale business, including sale of used
merchandise.
2. Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles,
trailers, manufactured homes, farm and construction machinery, etc.
3. Specific uses within a building such as: Animal hospital area, automobile repair
(no body repair), bath house, bottling plant Guices and soft drinks), building supply, carpet
cleaning, express office, furniture storage and repair, gymnasium, laboratory (experimental
or scientific), lapidary, lithographer, laundry, dry cleaning and dyeing plants, massage parlor,
optical glass grinding, photo finishing, plumbing shop, poultry hatchery, sports arena,
storage garage, towel and linen service.
4. Specific uses such as: Archery range, billboards, drive-in theater, golf driving
range, storage yard (no junk, salvage or wrecking).
22
Approved as to Form. ~
January 13, 1998 City Attorney
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ORDINANCE NO. 8353 (Cont.)
5. Manufacture, fabrication or assembly uses incidental to wholesale or retail sales
wherein not more than 20% of the floor area is so used.
6. Towers
D. Space Limitations:
1. Minimum lot area: 3,000 square feet
2. Minimum lot width: 30 feet
3. Maximum height of buildings: None
4. Minimum front yard: None
5. Minimum rear yard: None, if bounded by an alley, otherwise ten feet
6. Minimum side yard: None, but if provided, not less than five feet or unless
adjacent to a parcel whose zone requires a side yard setback, then five feet.
7. Maximum ground coverage: 100%
E. Miscellaneous Provisions:
1. Supplementary regulations shall be complied with as defined herein.
2. Only one principal building shall be permitted on one zoning lot except as
otherwise provided herein.
SECTION 13. Section 36-24 of the Grand Island City Code be and hereby is
amended to read as follows:
~36-24. ME - Industrial Estates Zone
Purpose: To provide for a variety of manufacturing, truck, trailer, and truck/trailer parts
retailing, truck, trailer, and truck/trailer parts wholesaling, warehousing, administrative and research
uses within an area of comparatively high visibility and having quality standards to promote an
industrial park atmosphere.
A. Permitted Principal Uses:
1. Any industrial, manufacturing, remanufacturing, truck, trailer, and truck/trailer
parts retailing, truck, trailer, and truck/trailer parts wholesaling, storage, warehousing,
distribution use or administrative, professional research or other similar office use shall be
permitted within this district, provided, such use is in compliance with miscellaneous
provisions and performance standards listed in this chapter, or unless specifically excluded,
or a conditional use as listed below.
B. Permitted Accessory Uses:
1. Buildings and uses accessory to the permitted principal uses or approved permitted
conditional uses.
C. Permitted Conditional Uses. The following uses may be permitted, if approved by the
city council, in accordance with the procedures set forth in Article VIII and X of this chapter:
1. Explosives manufacturing
2. Towers (radio, television, satellite, etc.)
23
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January 13. 1998 . City Attorney
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ORDINANCE NO. 8353 (Cont.)
3. Gravel, sand or dirt removal, stockpiling, processing or distribution and batching
plant
I
4. Trade and vocational schools
D. Specifically Excluded Uses:
1. Automotive wrecking or salvage yards
2. Storage, dump, or yard for the collection, salvage or bailing of scrap paper,
bottles, iron, rags, junk, or any other materials
3. Storage of explosives
4. Any residential use except for caretakers quarters within the principal building
5. Billboards
6. Stock or feed yards and auction houses for livestock
7. Concrete or cement products manufacturing and batching plants
8. Contractor's storage yard or plant
9. Tanning, curing, or storage of hides or skins
10. Churches, schools, institutions and other similar public and semi-public uses
except for trade and vocational schools
11. Milling or smelting of ores
12. Storage tanks or facilities for fuel oils, petroleum, acids, flammable liquids and
chemicals
13. Petroleum refining
E. Space Limitations:
1. Minimum lot area: 2.5 acres
2. Minimum lot width: 250 feet
3. Maximum height of building: 50 feet
4. Minimum front yard: 50 feet
5. Minimum side yard: 20 feet. A comer or through lot shall be considered to have
more than one front yard and shall have a minimum yard of 50 feet adjacent to all frontages
6. Minimum rear yard: 20 feet
7. No minimum yard shall be required from property line abutting a railroad
right-of-way
8. Maximum ground coverage: 50%
F. Miscellaneous Provisions:
1. Landscaping shall be provided in the entire area of all required front yards except
for necessary paving of walkways and of driveways to reach parking and loading areas in the
side or rear yards, provided, that any driveways in the front yard shall not be wider than
thirty (30) feet. Landscaping shall include, but is not limited to, screen plantings, lawn area,
pools, trees, shrubs, fences, and walls. Crushed rock, gravel, bark chips, etc., shall not
substitute for lawn area. Landscaping shall be provided within two years of issuance of the
occupancy permit for the principal structure and thereafter be properly maintained.
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Approved as to Form. ~
January 13. 1998 . City Attorney
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ORDINANCE NO. 8353 (Cont.)
2. Any outside storage of inoperable or unassembled parts or equipment shall be
visually screened from the surrounding area by fences, walls, plantings, earth berm or other
barrier and such screening shall be opaque.
3. No loading facilities shall be located within a required front yard. Loading
facilities located between a building and an adjacent street or residential district shall be
visually screened to the same standards as any outside storage.
4. One on-premise wall sign shall be permitted on each street frontage. Such sign
shall be attached to a building, extending parallel or substantially parallel thereto, and not
more than one (1) foot therefrom, and not projecting beyond or above the roof or top of
cornice wall. The area of the sign is limited to one (1) square foot for each lineal foot of
street frontage on the street on which the sign faces. In lieu of the wall sign, there may be
one ground sign not exceeding 100 square feet in area, not exceeding eight feet in height and
not located closer than thirty (30) feet to any street line.
5. No galvanized or other raw metal sheeting shall be used for the exterior
construction of any principal or accessory building.
6. Supplementary regulations shall be complied with as defined herein.
7. Only one principal building shall be permitted on one zoning lot except as
otherwise provided herein.
8. As an interim use, one ground sign with dimensions of 36 feet by 10.5 feet, and
not over 26 feet in height from ground level, which contains general promotional information
for the Grand Island area as a whole and sponsored by a non-profit organization shall be
permitted on a vacant tract or lot. The sign shall be located at least thirty (30) feet from any
street line. When a building permit is issued for a principal building to be located on the
same tract or lot as the sign, then the sign shall be removed within sixty (60) days by the
owner of the sign.
SECTION 14. Section 36-25 of the Grand Island City Code be and hereby is
amended to read as follows:
~36-25. Ml - Light Manufacturing Zone
Purpose: To provide for light fabrication, service, warehousing, administrative and research
uses within a zone having generally limited public contact and requiring some minimal landscaping
standards.
A. Permitted Principal Uses:
1. Administrative, executive, professional, research and similar office use having
limited contact with the public
2. Agriculture, including the raising of field crops, tree and bush crops, animals and
fowls, but not including feed lots, poultry farms, fur farms, and kennels
25
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January 13, 1998 . City Attorney
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ORDINANCE NO. 8353 (Cont.)
3. Buildings and installations for public utilities; facilities shall observe yard space
requirements but shall not be subject to minimum area or width requirements.
4. Railway right-of-way, but not including railway yards or facilities
5. Radio and television stations, private clubs, and meeting halls
6. Specific uses such as: animal hospital, automobile service station, bakery, bottling
plant, blueprinting, brewery or distillery, cafe or restaurant, cannery, carpenter or
woodworking shop, carpet cleaning, casting of lightweight or nonferrous metals, cemetery,
dairy products distribution, dry cleaning and laundry plant, enameling,japanning, lacquering,
galvanizing or plating of metals, feed and seed processing and storage, furniture repair and
warehousing, garage, glass manufacture, laboratories, lapidary, printer, publisher or
lithographer, pulp paper, cardboard or building board manufacture, sign painting, or
manufacture, signs or billboards, stone and monument works, synthetics and plastic
manufacture, tire recapping or retreading, trade or vocational school, vitreous ware, pottery
and porcelain manufacture, warehouse.
7. Manufacture, processing, assembly, fabrication or storage of products and
materials similar to the above
8. Other uses which are, in the opinion of the Board of Adjustment, similar to the
I
above
B. Permitted Accessory Uses:
1. Sales of new merchandise when same is manufactured, processed, assembled,
fabricated or stored on the premises
2. Buildings and uses accessory to the permitted principal use
C. Permitted Conditional Uses: The following uses may be permitted, if approved by the
city council, in accordance with the procedures set forth in Article VIII and X of this chapter:
1. Gravel, sand, or dirt removal, stockpiling, processing or distribution, and batching
plant
I
2. Concrete or cement products manufacturing and batching plant.
3. Truck terminal, tractor, trailer, or truck storage, including maintenance facilities
4. Contractor's storage yard or plant
5. Motels and hotels
6. Towers
D. Specifically Excluded Uses:
1. Any residential use except caretakers or watchman quarters within the principal
building
2. Manufactured homes and manufactured home parks
3. Churches, schools, institutions and other public and semi-public uses except for
trade and vocational schools
E. Space Limitations:
1. Minimum lot area: 20,000 square feet
2. Minimum lot width: 100 feet
3. Maximum height of buildings: 50 feet
26
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January 13. 1998 . City Attorney
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ORDINANCE NO. 8353 (Cont.)
4. Minimum front yard: 35 feet, with 15 feet adjacent to a street landscaped to
satisfaction of the zoning official
5. Minimum rear yard: 20 feet
6. Minimum side yard: 10 feet
7. Maximum ground coverage: 50%
F. Miscellaneous Provisions:
1. Supplementary regulations shall be complied with as defined herein
2. Landscaping shall be provided and maintained by the owner or developer within
the 15 feet adjacent to a street; landscaping shall include but is not limited to, screen
planting, lawn area, trees, shrubs, fences and walls; all landscaping shall be planned and
maintained to the satisfaction of the zoning official.
3. Only one principal building shall be permitted on one zoning lot except as
otherwise provided herein.
SECTION 15. Section 36-26 of the Grand Island City Code be and hereby is
amended to read as follows:
~36-26. M2 - Heavy Manufacturing Zone
Purpose: To provide for the widest variety of manufacturing, warehousing, wholesaling and
business uses. Conditional use permits are required for those uses with more significant health and
safety concerns.
A. Permitted Principal Uses:
1. Uses as listed under permitted principal uses of the Bl, B2, B3, and Ml Zones
except as listed under specifically excluded uses
2. Gravel, sand or dirt removal, stockpiling, processing or distribution, and batching
plant
3. Concrete or cement products manufacturing and batching plant
4. Truck terminal, tractor, trailer, or truck storage, including maintenance facilities
5. Contractors storage yard or plant
6. Specific uses such as: Animal pound or kennel, arena or athletic field or track,
automobile body repair, boiler and tank works, cemetery, cesspool cleaning yard, crating and
hauling depot, egg candling, felt manufacturing, house movers yard, sauerkraut manufacture;
storage yards or buildings for lumber, coal, coke, gas, or similar uses except explosives.
7. Railway right-of-way, including yards and facilities
8. Other uses which are, in the opinion of the Board of Adjustment, similar to the
above.
B. Permitted Accessory Uses:
1. Buildings and uses accessory to the permitted principal uses
27
Approved as to Form . C~
January 13, 1998 City Attorney
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I
I
ORDINANCE NO. 8353 (Cont.)
C. Permitted Conditional Uses: The following uses may be permitted, if approved by the
city council, in accordance with the procedures set forth in Article VIII and X of this chapter:
1. Automobile wrecking yard
2. Acid or acid by-products manufacture
3. Ammonia bleaching powder, chlorine, perozylin or celluloid manufacture
4. Explosives manufacture or storage
5. Garbage, refuse, offal or dead animal reduction or disposal area
6. Glue manufacture, fat rendering, distillation of bones or by-products
7. Meat packing plants, including poultry and animal slaughterhouses and abattoirs
8. Milling or smelting of ores
9. Petroleum refining
10. Stock or feed yards
11. Storage, dump, or yard for the collection, salvage, or bailing of scrap paper,
bottles, iron, rags, junk, etc.
12. Tanning, curing, or storage of hides or skins
13. Motels and hotels
14. Towers
D. Specifically Excluded Uses:
1. Any residential use except caretaker or watchman quarters within the principal
building
2. Manufactured homes, and manufactured home parks
3. Churches, schools, institutions and other public and semi-public uses except for
trade and vocational schools
E. Space Limitations:
1. Minimum lot area: 6,000 square feet
2. Minimum lot width: 50 feet
3. Maximum height of building: None
4. Minimum front yard: None
5. Minimum rear yard: None, when bounded by an alley, otherwise 10 feet
6. Minimum side yard: None, but if provided, not less than 5 feet or unless adjacent
to a parcel whose zone requires a side yard setback, then 5 feet.
7. Maximum ground coverage: 65%
F. Miscellaneous Provisions:
1. Supplementary regulations shall be complied with as defined herein
2. Only one principal building shall be permitted on one zoning lot except as
otherwise provided herein.
SECTION 16. Section 36-28 of the Grand Island City Code be and hereby is
amended to read as follows:
28
Approved as to Form. C~
January 13. 1998 City Attorney
I
I
I
ORDINANCE NO. 8353 (Cont.)
~36-28. CD - Commercial Development Zone
A. Purpose: So as to permit a more flexible regulation of land use and so as to more fully
implement comprehensive planning for large parcels of land proposed for commercial use, a district
is hereby created to be called "CD-Commercial Development Zone."
B. Boundaries: The boundaries of the CD-Commercial Development Zone shall be fixed
by amendment of the Official Zoning Map, at such times in the future as such district is applied to
properties within the City's zoning jurisdiction.
C. Limitations:
1. In a CD-Commercial Development Zone there shall be provided a minimum size
of 1.5 acres
2. Any proposed development shall be constructed in accordance with an overall
plan of development.
3. Any proposed plan of development shall be designed as a single architectural
scheme with appropriate common landscaping
4. Adequate parking space shall be provided for all employees', visitors', and users'
vehicles, and such parking, loading or service areas that shall be used for motor vehicles shall
be located within the boundary lines ofthe CD Zone and shall be physically separated from
any public street right-of-way or property line by a buffer strip of not less than 30 feet
5. No building or other permanent structure, nor parking lot, shall be located within
30 feet of any public street, right-of-way, or property line
6. The maximum ground coverage shall not exceed 50% of each site within the CD
Zone.
7. The minimum off-street parking requirement shall be provided as defined in ~36-
35 of this chapter.
D. Ownership: A CD-Commercial Development Zone shall require a tract of land which
is developed as a unit under single ownership or control, or which is under single designated control
by a common ownership at the time it is certified as a CD Zone.
E. Permitted Uses:
1. Public and quasi-public buildings for cultural use
2. Nonprofit community buildings and social welfare establishments
3. Radio and television stations (no antennae), and meeting halls
4. Offices and office buildings
5. Stores and shops for the conduct of retail business, provided, all activities and
displays of goods are carried on within an enclosed building except that green plants and
shrubs may be displayed in the open.
6. Specific retail uses, such as: Automobiles, automobile parts and accessories,
automobile trailers, appliances, beverages, bicycles and bicycle accessories (including
rental), boats, books, bronzes, cameras and film, candy, carpets, clothing, confections, curios,
dairy products, drugs, dry goods, electrical goods, fish (dressed), furniture, flowers, furs,
groceries, guns, hardware, instruments (musical, professional or scientific), hats, jewelry,
liquor, meats, motor vehicles, newspapers and magazines, notions, paint, paintings or art
29
Approved as to Form. (~
January 13, 1998 . City Attorney
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I
I
ORDINANCE NO. 8353 (Cont.)
work, pastries, porcelain, poultry (dressed), radios, seed, shoes, sporting goods, stationery,
television sets.
7. Specific agency uses such as: Advertising, airplane broker (no merchandise),
bakery, cleaning and dyeing, collection, dancing school or academy, detective (private),
employment, laundry, messenger service, real estate, telephone answering, travel.
8. Specific shops such as: Barber and/or beauty, child care, dressmaking,
embroidery, hobby, knit, locksmith, pet shop or school, shoe repair, specialty, tailor, televi-
sion, and appliance repair, watch repair.
9. Specific use such as: Advertising distribution, art studio or school, assaying,
automobile service station, automobile wash, bank, billiard hall, bowling alley, cafe or
restaurant, clinic, coin operated laundry or dry cleaning establishments, decorators studios,
delicatessen, dental laboratory, department store, drive-in food and/or beverage
establishments, financial institutions, fine arts gallery, garden supplies including nursery
stock, ice delivery stations, library (circulating or commercial), music store, music studio,
school, photographers studio, recreation center and/or facilities, reducing salon, refreshment
stand, sponging and pressing (no power driven laundry or dry cleaning), tavern (bar or
cocktail lounge), telegraph office, theaters, vending machines, X-ray operators and
laboratories.
10. Motel and hotel uses.
F. Permitted Accessory Uses:
1. Buildings and uses accessory to the permitted principal use.
G. Permitted Conditional Uses. The following uses may be permitted, if approved by the
city council, in accordance with the procedures set forth in Article VIII and X of this chapter:
1. Towers
H. Procedure:
1. An application to amend the Official Zoning Map to establish a CD-Commercial
Development Zone shall be initiated in the manner prescribed in Article VIII of this chapter.
2. Said application shall be filed with the city clerk in such form as shall be required
by the city council, and shall be accompanied by the following information:
a. Site plan showing preliminary location and dimensions of all building
areas, recreation, green or landscaped areas, parking and loading facilities, walkways
or malls, screen walls, or plantings, waste disposal areas, illumination facilities,
signs, curb cuts, utilities and service, private or dedicated drives or streets, etc.
b. Preliminary drawings or renderings in sufficient detail so that the character
of the development may be so determined.
c. Evidence as to the methods of retaining, maintaining, and protecting the
open space, green areas, recreational facilities, etc.
d. Development schedule as to construction phases of buildings, open space,
recreational areas, parking facilities, etc., and estimated completion time.
30
. /'~
Approved as to Form ~
January 13. 1998 City Attorney
I
ORDINANCE NO. 8353 (Cont.)
I
e. Evidence of ownership or control of the entire parcel to be used as a
planned unit development by a single person, association, firm, etc., as defined
herein.
f. Evidence of economic feasibility: a copy of such application and
supplementary information shall then be forwarded by the city clerk to the Planning
Commission for review, hearing, and recommendation.
3. In reviewing the application for amendment, the Planning Commission shall
determine the following factors:
a. That the proposed development will be in the public interest, in harmony
with the purpose ofthis chapter and with comprehensive plans for the City and will
not adversely affect nearby property.
b. That adequate, safe, and convenient pedestrian and vehicular trafficways
and facilities are provided.
c. That the development to be permitted shall be for the purpose of
developing an integrated site plan in conformity with the regulations for a
CD-Commercial Development Zone.
4. The Planning Commission shall hold a public hearing on the proposed amendment
and shall transmit its recommendation to the city council; a copy of the recommendation
shall be sent to the applicant and one copy shall be retained in the permanent files of the
Planning Commission.
5. Procedure and action by the city council shall be the same in considering an
amendment to a CD-Commercial Development Zone as in Article VIII of this chapter.
1. Miscellaneous Provisions:
1. It is intended that plans required for review and approval must be in a form that
will satisfy the requirements of the subdivision regulations for both the preliminary and final
plat and that approval for plans and plats be considered simultaneously.
2. The approved and filed final plan and plat shall be the basis for issuance of a
building permit in conformity therewith; the initial building permit shall include as a
minimum 50% of the main building or structure; free-standing subordinate buildings shall
not be included in the initial permit and shall not receive a permit until the initial permit
phase is over 50% constructed; plan changes which increase the number of buildings,
increase building height or bulk, or change the location of buildings or other features which
materially affect the basic design of the development shall require resubmission of the
amendment. Minor adjustments in orientation, height or bulk of buildings, or decrease in
number of buildings may be approved by the Planning Commission.
3. Should any successful applicant for an amendment hereunder fail to have
completed the construction of the footings and foundations for the initial building permit
within eighteen (18) months after the city council shall approve a rezoning to a CD Zone, the
area in its entirety shall be reverted to its former zoning classification by appropriate action
of the city council, provided, that the city council shall have the power to extend said period
by six (6) months in the event of special and unique hardships and circumstances.
I
31
Approved as to Form. ~
January 13. 1998 . City Attorney
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I
I
ORDINANCE NO. 8353 (Cont.)
4. Control of the development following completion:
a. The chief building official shall issue a certificate certifying the
completion of the planned development, and shall note the issuance of the certificate
on the final development plan.
b. After the certificate of completion has been issued, the use of land and the
construction, modification, or alteration of any buildings or structures within the CD
Zone will be governed by the approved final development plan exclusively.
c. After the certificate of completion has been issued, no changes may be
made in the approved final development plan except upon application to the
appropriate agency under the procedures provided below:
i. Any minor extensions, alterations, or modifications of existing
buildings or structures may be authorized by the Planning Commission if
they are consistent with the purposes and intent of the final plan; no change
authorized by this subsection may increase the density of any building or
structure by more than ten percent.
ii. Any uses not authorized by the approved final plan but allowable
as a permitted use in a CD Zone under this section may be added to the final
development plan under the procedures provided in Article VIII of this
chapter.
iii. A building or structure that is totally or substantially destroyed
may be reconstructed only in compliance with the final development plan
unless an amendment to the final development plan is approved under sub-
section iv hereof.
iv. All other changes in the final development plan as approved by
the city council must be made by the city council under the procedures
authorized under Article VIII of this chapter for amendment of the Official
Zoning Map; no changes may be made in the final development plan unless
they are found by the city council to be required for the continued successful
functioning of the commercial development, or unless they are found by the
city council to be required by changes in conditions that have occurred since
the final plan was improved or by changes in the comprehensive planning and
development policy of the City.
SECTION 17. Section 36-29 of the Grand Island City Code be and hereby is
amended to read as follows:
~36-29. TD - Travel Development Zone
Purpose: To provide for only those trade and service uses in connection with federal
interstate highway interchanges as are needed and considered appropriate to the location.
32
/~-'
Approved as to Form. ~
January 13, 1998 . City Attorney
I
I
I
ORDINANCE NO. 8353 (Cont.)
A. Permitted Principal Uses:
1. Motels and/or hotels
2. Restaurants and cafes, with or without drive-in facilities
3. Lounges and/or taverns
4. Automobile service stations and truck service centers
5. Automobile and truck wash
6. Billboards
B. Permitted Accessory Uses:
1. Buildings and uses accessory to the permitted principal use
C. Permitted Conditional Uses:
The following uses may be permitted, if approved by the city council, in accordance
with the procedures set forth in Article VIII and X of this chapter:
1. Utility substations
2. Motor home and travel trailer parks and camping facilities
3. Recreational uses such as amusement parks, miniature golf courses,
exhibition halls and centers
4. Towers
D. Specifically Excluded Uses:
1. Any residential use except caretaker's or watchman's quarters within the principal
building
E. Space Limitations:
1. Minimum lot area: 40,000 square feet
2. Minimum lot width: 200 feet
3. Maximum height of building: 50 feet
4. Minimum front yard: 50 feet
5. Minimum side yard: 10 feet
6. Minimum rear yard: 20 feet
7. Maximum ground coverage: 60%
F. Miscellaneous Provisions:
1. Landscaping shall be provided in the entire area of all required front yards except
for necessary paving of walkways and of driveways to reach parking and loading areas in the
side or rear yards, provided, that any driveways in the front yard shall not be wider than 30
feet. Landscaping shall include but is not limited to screen plantings, lawn area, pools, trees,
shrubs, fences, and walls. Crushed rock, gravel, bark chips, etc., shall not substitute for lawn
area. Landscaping shall be provided within two years of issuance of the occupancy permit
for the principal structure and thereafter be properly maintained.
2. Supplementary regulations shall be complied with as defined herein.
3. Only one principal building shall be permitted on one zoning lot, except as
otherwise provided herein.
33
Approved as to Form. C~
January 13. 1998 City Attorney
I
I
I
ORDINANCE NO. 8353 (Cont.)
SECTION 18. Section 36-30 of the Grand Island City Code be and hereby is
amended to read as follows:
~36-30. RD - Residential Development Zone
A. Purpose: So as to permit a more flexible regulation of land use, and so as to more fully
implement comprehensive planning for large parcels of land proposed predominantly for residential
use, a district is hereby created to be called RD-Residential Development Zone.
B. Boundaries: The boundaries of RD-Residential Development Zone shall be fixed by
amendment of the Official Zoning Map at such times in the future as such district is applied to
properties within the City's Zoning jurisdiction.
C. Limitations:
1. In an RD Zone there shall be provided a minimum size of 1.5 acres.
2. Any proposed development shall be constructed in accordance with an overall
plan of development.
3. Any proposed plan of development shall be designed as a single architectural
scheme with appropriate common landscaping.
4. Adequate parking space shall be provided for all residential units and for all
employee's, visitor's, and user's vehicles, and such parking, loading, or service areas that
shall be used for motor vehicles, and shall be located within the boundary lines of the RD
Zone, and shall be physically separated from any public street, right-of-way, or property line
by a buffer strip of not less than 30 feet.
5. No residential building or other permanent residential structure, nor parking lot,
shall be located within 30 feet of any public street, right-of-way, or property line.
6. The maximum ground coverage shall not exceed 30 percent of each site within the
RD Zone.
7. The minimum off-street parking requirement shall be two parking spaces for every
dwelling unit, plus one for each full-time employee.
D. Ownership: An RD Zone shall require a tract ofland which is developed as a unit under
single designated control by a common ownership at the time it is certified as an RD Zone.
E. Permitted Uses:
1. Uses as listed under permitted principal uses of the TA, Rl, R2, R3, and R4 Zones
except as listed under specifically excluded uses.
2. Nonprofit community buildings and social welfare establishments other than those
providing living accommodations.
F. Specifically Excluded Uses:
1. Railway right-of-way, including railway yards or facilities.
2. Truck, bush, and tree farming.
3. Boarding and lodging housing, fraternity and sorority houses.
4. Nonprofit community buildings and social welfare establishments providing living
accommodations.
34
Approved as to Form . ('~
January 13. 1998 . City Attorney
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I
I
ORDINANCE NO. 8353 (Cont.)
5. Nonresidential uses.
G. Permitted Accessory Uses: Buildings and uses accessory to the permitted principal use.
H. Permitted Conditional Uses. The following uses may be permitted, if approved by the city
council, in accordance with the procedures set forth in Article VIII and X of this chapter:
1. Towers
I. Procedure:
1. An application to establish an RD Zone shall be initiated in the manner prescribed
in Article VIII of this chapter.
2. Said application shall be filed with the city clerk in such form as shall be required
by the city council and shall be accompanied by the following information:
a. Site plan showing preliminary location and dimensions of all building
areas, recreation, green or landscaped areas, parking and loading facilities, walkways
or malls, screen walls, or plantings, waste disposal areas, illumination facilities,
signs, curb cuts, utilities and services, private or dedicated drives or streets, etc.
b. Preliminary drawings or renderings in sufficient detail so that the character
of the development may be determined.
c. Evidence as to the methods of retaining, maintaining, and protecting the
open space, green areas, recreational facilities, etc.
d. Development schedule as to construction phases of buildings, open space,
recreational areas, parking facilities, etc., and estimated completion time.
e. Evidence of ownership or control of the entire parcel to be used as a
planned unit development by a single person, association, firm, etc., as defined
herein.
f. Evidence of economic feasibility. A copy of such application and
supplementary information shall then be forwarded by the city clerk to the Planning
Commission for review, hearing, and recommendation.
3. In reviewing the application for amendment herein, the Planning Commission
shall determine the following factors.
a. That the proposed development will be in the public interest, in harmony
with the purpose ofthis ordinance and with comprehensive plans for the City, and
will not adversely affect nearby property.
b. That adequate, safe, and convenient pedestrian and vehicular trafficways
and facilities are provided.
c. That the development to be permitted shall be for the purpose of
developing an integrated site plan in conformity with the regulations for an RD Zone.
4. The Planning Commission shall hold a public hearing on the proposed amendment
and shall transmit its recommendation to the city council. A copy of the recommendation
shall be sent to the applicant and one copy shall be retained in the permanent files of the
Planning Commission.
5. Procedure and action by the city council shall be the same in considering an
amendment to the RD Zone as in Article VIII of this chapter.
35
A..-n~
Approved as to Form . ~
January 13. 1998 . City Attorney
I
ORDINANCE NO. 8353 (Cont.)
I
J. Miscellaneous Provisions:
1. It is intended that plans required for review and approval must be in a form that
will satisfy the requirements of the subdivision ordinance for both the preliminary and final
plat, and that approval for plans and plats be considered simultaneously.
2. The approved and filed final plan and plat shall be the basis for issuance of a
building permit in conformity therewith. Plan changes which increase the number of
buildings, increase building height or bulk, or change the location of buildings or other
features which materially affect the basic design of the development shall require
resubmission of the amendment. Minor adjustments in orientation, height or bulk of
buildings, or decrease in the number of buildings may be approved by the Planning
Commission.
3. Should any successful applicant for an amendment hereunder fail to have
completed the construction of the footings and foundations for the initial building permit
within eighteen (18) months after the city council shall approve a rezoning to an RD Zone,
the area in its entirety shall be reverted to its former zoning classification by appropriate
action of the city council, provided, that the city council shall have the power to extend said
period by six months in the event of special and unique hardships and circumstances.
4. Control of the development following completion:
a. The chief building official shall issue a certificate certifying the
completion of the planned development, and shall note the issuance of the certificate
on the final development plan.
b. After the certificate of completion has been issued, the use of land and the
construction, modification, or alteration of any buildings or structures within the
residential development will be governed by the approved final development plan
exclusively.
c. After the certificate of completion has been issued, no changes may be
made in the approved final development plan except upon application to the
appropriate agency under the procedures provided below.
i. Any minor extensions, alterations, or modifications of existing
buildings or structures may be authorized by the Planning Commission if
they are consistent with the purposes and intent of the final plan. No change
authorized by this subsection may increase the density of any building or
structure by more than ten percent.
ii. Any uses not authorized by the approved final plan, but allowable
in the residential development as a permitted use in an RD Zone may be
added to the final development plan under the procedures provided in Article
VIII of this chapter.
iii. A building or structure that is totally or substantially destroyed
may be reconstructed only in compliance with the final development plan
unless an amendment to the final development plan is approved under sub-
section iv hereof.n
I
36
Approved as to Form . ~
January 13, 1998 . City Attorney
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I
I
ORDINANCE NO. 8353 (Cont.)
iv. All other changes in the final development plan as approved by
the city council must be made by the city council under the procedures
authorized under Article VIII of this chapter. No changes may be made in the
final development plan unless they are found by the city council to be
required for the continued successful functioning of the residential
development, or unless they are found by the city council to be required by
changes in conditions that have occurred since the final plan was approved
or by changes in the comprehensive planning and development policy of the
City.
SECTION 19. Sections 36-13, 36-14, 36-15, 36-16, 36-17, 36-18, 36-19, 36-20, 36-
21,36-22,36-23,36-24,36-25,36-26,36-28,36-29, and 36-30 of the Grand Island City Code as
heretofore existing, and any ordinances or parts of ordinances in conflict herewith, be, and hereby
are, repealed.
SECTION 20. This ordinance shall be in full force and effect from and after its
passage, approval, and publication, in pamphlet form, within fifteen days, as provided by law.
Enacted: January 12, 1998.
K~~
ATTEST:
37
Approved as to Form . (~
January 13. 1998 . City Attorney
I
I
ORDINANCE NO. 8354
An ordinance to amend Ordinance No. 8348, known as the Salary Ordinance which
lists the currently occupied classifications of officers and employees of the City of Grand Island,
Nebraska and establishes the ranges of compensation of such officers and employees; to adjust
salary ranges for AFSCME union employees; to repeal Ordinance 8348 and all other ordinances
in conflict with this ordinance; to provide for severability; to provide for the effective date thereof;
and to provide for publication of this ordinance in pamphlet form.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. Ordinance No. 8348 is hereby amended to read as follows:
Section 2. The currently occupied classifications of employees of the City of
Grand Island included under the AFSCME labor agreement, and the ranges of compensation
(salary and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
under the AFSCME labor agreement shall work prior to overtime eligibility are as follows:
Classification Bi-Weekly Pay Overtime
Range Min / Max Eligibility
Equipment Mechanic - Streets 816.80/ 1143.20 40 hrs/week
Equipment Mechanic - Garage 816.80/ 1143.20 40 hrs/week
Equipment Operator - Solid Waste 729.60/ 1001.60 40 hrs/week
Equipment Operator - Streets 729.60/ 1021.60 40 hrs/week
Fleet Maintenance Technician 727.20/ 1016.80 40 hrs/week
Shop Attendant 663.20/928.00 40 hrs/week
Horticulturist 771.20 / 1062.40 40 hrs/week
Maintenance Worker I - Cemetery 676.00/952.80 40 hrs/week
I Maintenance Worker I - Parks 676.00 / 952.80 40 hrs/week
Maintenance Worker I - Streets 661.60/ 911.20 40 hrs/week
Approved as to Form . (~
January 13, 1998 . City Attorney
I
I
I
ORDINANCE NO. 8354 (Cont.)
Classification
Hi-Weekly Pay Overtime
Range Min / Max Eligibility
723.20/ 1002.40 40 hrs/week
704.00 / 980.00 40 hrs/week
704.00/ 980.00 40 hrs/week
718.40/ 991.20 40 hrs/week
813.60/ 1117.60 40 hrs/week
799.20/ 1100.00 40 hrs/week
799.20/1100.00 40 hrs/week
* Pay Schedule Variations
Maintenance Worker II - Cemetery
Maintenance Worker II - Solid Waste
Maintenance Worker II - Streets
Maintenance Worker II - Parks
Senior Equipment Operator - Solid Waste
Senior Equipment Operator - Streets
Senior Maintenance Worker - Streets
SECTION 2. Ordinance number 8348 and all other ordinances and parts of
ordinances in conflict herewith, be, and the same are, hereby repealed.
SECTION 3. The salary adjustments identified herein shall commence with the pay
period beginning February 2, 1998.
SECTION 4. This ordinance shall be in full force and take effect from and after
its passage and publication in pamphlet form by the City Clerk.
Enacted: January 12, 1998.
~~
Ken adt, Mayor
ATTEST:
Approved as to Form . ~
January 13. 1998 . City Attorney
2
I
I
I
. TIllS SPACE RESERVED FOR REGISTER OF DEEDS.
ORDINANCE NO. 8355
An ordinance creating Saniwy Sewer District No. 486 of the City of Grand Island,
Nebraska, defining the boundaries thereof; providing for the laying of saniwy sewer mains in said
district; providing for plans and specifications and securing bids; providing for the assessment of
special taxes for constructing such sewer and collection thereof; and providing for the effective
date thereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Saniwy Sewer District No. 486 is hereby created for the construction of
eight (8) inch and ten (10) inch sanitary sewer mains and appurtenances thereto in N & J
Subdivision, Reuting's Third Subdivision, and a part of Bick's Third Subdivision, Chief Industries
Subdivision and Reuting's Second Subdivision, all in the City of Grand Island, Hall County,
Nebraska.
Approved as to Form
January 23, 1998
~
T City ttomey
I
ORDINANCE NO. 8355 (Cont)
SECTION 2. The boundaries of such sanitary sewer district shall be as follows:
I
Beginning at the northwest corner of Lot Four (4), Chief Industries Subdivision,
said point also being the intersection of the south line of Reuting Road and the east
line of North Road; thence west on a prolongation of the south line of Reuting
Road for a distance of Seventy Three (73.0) feet; thence north on a line Seventy
Three (73.0) feet west of and parallel to the east line of north road for a distance
of Sixty (60.0) feet; thence east on a prolongation of the north line of Reuting Road
to the southwest corner of Lot One (1), N & J Subdivision; thence north on the
west line of Lot One (1), N & J Subdivision for a distance of Thirty Five and Eight
Hundredths (35.08) feet to the northwesterly corner of Lot One (1), N & J
Subdivision; thence northeasterly on an arc with a radius of 2,789.79 feet to the
northeast corner of Lot One (1), N & J Subdivision; thence south on the east line
of Lot One (1), N & J Subdivision; thence east on the north line of Lot One (1),
N & J Subdivision and the north line of Reuting' s Third Subdivision to the
northeast corner of Lot One (1), Reuting's Third Subdivision; thence south on a
line common to Reuting's Third Subdivision and Bick's Third Subdivision to the
southwest corner of Lot Two (2), Bick's Third Subdivision; thence east on the
north line of Lot One (1), Bick's Third Subdivision for a distance of Thirty (30.0)
feet; thence north on the west line of Lot One (1), Bick's Third Subdivision, a
distance of Ninety One and Thirty Four Hundredths (91.34) feet; thence east on the
north line of Lot One (1), Bick's Third Subdivision for a distance of Three
Hundred Forty One and Thirty Two Hundredths (341.32) feet; thence south on the
east line of Lot One (1), Bick's Third Subdivision for a distance of Two Hundred
Seventy Four and Twenty Eight Hundredths (274.28) feet; thence southwesterly on
the south line of Lot One (1), Bick's Third Subdivision for a distance of Two
Hundred Forty One and Eighty Five Hundredths (241.85) feet; thence southerly on
the east line of Lot One (1), Bick's Third Subdivision for a distance of Two
Hundred Ninety (290.0) feet to the north line of Old U.S. Highway 30; thence
southwesterly on the southerly line of Bick's Third Subdivision and Reuting's
Second Subdivision, said line also being the north line of Old U.S. Highway 30 to
the southwest corner of Lot Four (4), Reuting's Second Subdivision; thence
northwesterly on the west line of Lot Four (4), Reuting's Second Subdivision to the
northwest corner of Lot Four (4), Reuting's Second Subdivision; thence north on
the west line of Lots Forty Two (42), Forty One (41), Forty (40), Thirty Nine (39),
Thirty Eight (38), and Thirty Seven (37), Reuting's Second Subdivision to a point
where the prolongation of the south line of Lot Fifty (50), Reuting's Second
Subdivision intersects the west line of Lot Thirty Seven (37), Reuting's Second
Subdivision; thence west on the south line of Lot Fifty (50), Reuting's Second
Subdivision and a prolongation thereof to the southwest corner of Lot Fifty (50),
Reuting's Second Subdivision; thence north on the west line of Lot Fifty (50),
I
Approved as to Form . CJ;il::
January 23, 1998 . City Attorney
2
I
ORDINANCE NO. 8355 (Cont)
Reuting's Second Subdivision to the southeast corner of Lot One (1), Chief
Industries Subdivision; thence west on the south line of Lots One (1), Two (2),
Three (3), and Four (4), Chief Industries Subdivision to the southwest corner of
Lot Four (4), Chief Industries Subdivision; thence north on the west line of Lot
Four (4), Chief Industries Subdivision to the point of beginning; all as shown on
the plat dated August 20, 1997, marked Exhibit A attached hereto and incorporated
herein by reference.
SECTION 3. Said improvement shall be made in accordance with plans and specifications
prepared by the Engineer for the City who shall estimate the cost thereof, and submit the same to
the City Council, and upon approval of the same, bids for the construction of such sanitary sewer
shall be taken and contracts entered into in the manner provided by law.
SECTION 4. The cost of construction of such improvement shall be assessed against the
I property within the district abutting upon the easement or other right-of-way withio whicb sucb
sanitary sewer mains will be constructed within such sewerage district, to the extent of benefits
to such property by reason of such improvement, and a special tax shall be levied at one time to
pay for such cost of construction as soon as can be ascertained, as provided by law; and, provided
further, such special tax and assessments shall constitute a sinking fund for the payment of any
bonds with interest, issued for the purpose of paying the cost of such sewer in such district; such
special assessments shall be paid and collected in a fund to be designated and known as Sewer and
Water Extension Fund, and, out of which all warrants issued for the purpose of paying the cost
of sanitary sewer shall be paid.
SECTION 5. This ordinance shall be in force and take effect from and after its
I
passage, approval and publication, without the plat, as provided by law.
Approved as to FOnD . /"Jf""(;:
JanuaI)' 23,1998 Cit;X~rney
3
I
ORDINANCE NO. 8355 (Cont)
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds of Hall County, Nebraska.
SECTION 7. After passage, approval, and publication of this ordinance without
the plat, notice of the creation of said district shall be published in the Grand Island Independent,
a legal newspaper published and of general circulation in said City, as provided by law.
Enacted January 26, 1998.
Ken Gnadt, Mayor
ATTEST:
I Cindy K. Cartwright, City Clerk
This Ordinance was tabled to the February 2, 1998 Study Session.
I
. C~' t::1'I~
Approved as to Form --4.1--=-
JannaI}' 23, 1998 . City Attorney
4
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e THIS SPACE RESERVED FOR REGISTER OF DEEDse
ORDINANCE NO. 8355
I
An ordinance creating Sanitary Sewer District No. 486 of the City of Grand Island,
Nebraska, defining the boundaries thereof; providing for the laying of sanitary sewer mains in said
district; providing for plans and specifications and securing bids; providing for the assessment of
special taxes for constructing such sewer and collection thereof; and providing for the effective
date thereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Sanitary Sewer District No. 486 is hereby created for the construction of
eight (8) inch and ten (10) inch sanitary sewer mains and appurtenances thereto in N & J
Subdivision, Reuting's Third Subdivision, and a part of Bick's Third Subdivision, Chief Industries
I
Subdivision and Reuting's Second Subdivision, all in the City of Grand Island, Hall County,
Nebraska.
Approved as to Form , ~
February 6, 1998 City mey
I
ORDINANCE NO. 8355 (Cont)
SECTION 2. The boundaries of such sanitary sewer district shall be as follows:
I
Beginning at the northwest corner of Lot Four (4), Chief Industries Subdivision,
said point also being the intersection of the south line of Reuting Road and the east
line of North Road; thence west on a prolongation of the south line of Reuting
Road for a distance of Seventy Three (73.0) feet; thence north on a line Seventy
Three (73.0) feet west of and parallel to the east line of north road for a distance
of Sixty (60.0) feet; thence east on a prolongation of the north line of Reuting Road
to the southwest corner of Lot One (1), N & J Subdivision; thence north on the
west line of Lot One (1), N & J Subdivision for a distance of Thirty Five and Eight
Hundredths (35.08) feet to the northwesterly corner of Lot One (1), N & J
Subdivision; thence northeasterly on an arc with a radius of 2,789.79 feet to the
northeast corner of Lot One (1), N & J Subdivision; thence south on the east line
of Lot One (1), N & J Subdivision; thence east on the north line of Lot One (1),
N & J Subdivision and the north line of Reuting's Third Subdivision to the
northeast corner of Lot One (1), Reuting's Third Subdivision; thence south on a
line common to Reuting's Third Subdivision and Bick's Third Subdivision to the
southwest corner of Lot Two (2), Bick's Third Subdivision; thence east on the
north line of Lot One (1), Bick's Third Subdivision for a distance of Thirty (30.0)
feet; thence north on the west line of Lot One (1), Bick's Third Subdivision, a
distance of Ninety One and Thirty Four Hundredths (91.34) feet; thence east on the
north line of Lot One (1), Bick's Third Subdivision for a distance of Three
Hundred Forty One and Thirty Two Hundredths (341.32) feet; thence south on the
east line of Lot One (1), Bick's Third Subdivision for a distance of Two Hundred
Seventy Four and Twenty Eight Hundredths (274.28) feet; thence southwesterly on
the south line of Lot One (1), Bick's Third Subdivision for a distance of Two
Hundred Forty One and Eighty Five Hundredths (241.85) feet; thence southerly on
the east line of Lot One (1), Bick's Third Subdivision for a distance of Two
Hundred Ninety (290.0) feet to the north line of Old U.S. Highway 30; thence
southwesterly on the southerly line of Bick's Third Subdivision and Reuting's
Second Subdivision, said line also being the north line of Old U.S. Highway 30 to
the southwest corner of Lot Four (4), Reuting's Second Subdivision; thence
northwesterly on the west line of Lot Four (4), Reuting's Second Subdivision to the
northwest corner of Lot Four (4), Reuting's Second Subdivision; thence north on
the west line of Lots Forty Two (42), Forty One (41), Forty (40), Thirty Nine (39),
Thirty Eight (38), and Thirty Seven (37), Reuting's Second Subdivision to a point
where the prolongation of the south line of Lot Fifty (50), Reuting's Second
Subdivision intersects the west line of Lot Thirty Seven (37), Reuting's Second
Subdivision; thence west on the south line of Lot Fifty (50), Reuting's Second
Subdivision and a prolongation thereof to the southwest corner of Lot Fifty (50),
Reuting's Second Subdivision; thence north on the west line of Lot Fifty (50),
I
Approved as to Form . ~
February 6, 1998 . City Attorney
2
I
ORDINANCE NO. 8355 (Cont)
Reuting's Second Subdivision to the southeast corner of Lot One (1), Chief
Industries Subdivision; thence west on the south line of Lots One (1), Two (2),
Three (3), and Four (4), Chief Industries Subdivision to the southwest corner of
Lot Four (4), Chief Industries Subdivision; thence north on the west line of Lot
Four (4), Chief Industries Subdivision to the point of beginning; all as shown on
the plat dated August 20, 1997, marked Exhibit A attached hereto and incorporated
herein by reference.
SECTION 3. Said improvement shall be made in accordance with plans and specifications
prepared by the Engineer for the City who shall estimate the cost thereof, and submit the same to
the City Council, and upon approval of the same, bids for the construction of such sanitary sewer
shall be taken and contracts entered into in the manner provided by law.
SECTION 4. The cost of construction of such improvement shall be assessed against the
I property within the district ahutting upon the easement or other right-of-way within which such
sanitary sewer mains will be constructed within such sewerage district, to the extent of benefits
to such property by reason of such improvement, and a special tax shall be levied at one time to
pay for such cost of construction as soon as can be ascertained, as provided by law; and, provided
further, such special tax and assessments shall constitute a sinking fund for the payment of any
bonds with interest, issued for the purpose of paying the cost of such sewer in such district; such
special assessments shall be paid and collected in a fund to be designated and known as Sewer and
Water Extension Fund, and, out of which all warrants issued for the purpose of paying the cost
of sanitary sewer shall be paid.
SECTION 5. This ordinance shall be in force and take effect from and after its
I
passage, approval and publication, without the plat, as provided by law.
Approved as to Form. ~
Febnuu:y 6, 1998 City Attorney
3
I
I
I
ORDINANCE NO. 8355 (Cant)
SECTION 7. After passage, approval, and publication of this ordinance without the
plat, notice of the creation of said district shall be published in the Grand Island Independent, a legal
newspaper published and of general circulation in said City, as provided by law.
Enacted February 9, 1998.
Ken Gnadt, Mayor
ATTEST:
Cindy K. Cartwright, City Clerk
The Council did not approve this Ordinance at the February 9, 1998
meeting,
Approved as to Form. ("~
February 10, 1998 City A mey
4
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e TIllS SPACE RESERVED FOR REGISTER OF DEEDse
ORDINANCE NO. 8355
An ordinance creating Sanitary Sewer District No. 486 of the City of Grand Island, Nebraska,
I defining the boundaries thereof; providing for the laying of sanitary sewer mains in said district;
providing for plans and specifications and securing bids; providing for the assessment of special
taxes for constructing such sewer and collection thereof; and providing for the effective date thereof
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. Sanitary Sewer District No. 486 is hereby created for the construction of eight
(8) inch and ten (10) inch sanitary sewer mains and appurtenances thereto in N & J Subdivision,
Reuting's Third Subdivision, and a part of Bick' s Third Subdivision, Chief Industries Subdivision
and Reuting's Second Subdivision, all in the City of Grand Island, Hall County, Nebraska.
SECTION 2. The boundaries of such sanitary sewer district shall be as follows:
I
Beginning at the northwest comer of Lot Four (4), Chief Industries Subdivision, said
point also being the intersection of the south line of Reuting Road and the east line
Approved as to Form . c;:J;!1t:
March 20. 1998 . City Attorney
I
ORDINANCE NO. 8355 (Cont)
I
of North Road; thence west on a prolongation of the south line of Reuting Road for
a distance of Seventy Three (73.0) feet; thence north on a line Seventy Three (73.0)
feet west of and parallel to the east line of north road for a distance of Sixty (60.0)
feet; thence east on a prolongation of the north line of Reuting Road to the southwest
comer of Lot One (1), N & J Subdivision; thence north on the west line of Lot One
(1), N & J Subdivision for a distance of Thirty Five and Eight Hundredths (35.08)
feet to the northwesterly comer of Lot One (1), N & J Subdivision; thence
northeasterly on an arc with a radius of2,789.79 feet to the northeast comer of Lot
One (1), N & J Subdivision; thence south on the east line of Lot One (1), N & J
Subdivision; thence east on the north line of Lot One (1), N & J Subdivision and the
north line of Reuting' s Third Subdivision to the northeast comer of Lot One (1),
Reuting's Third Subdivision; thence south on a line common to Reuting's Third
Subdivision and Bick's Third Subdivision to the southwest comer of Lot Two (2),
Bick's Third Subdivision; thence east on the north line of Lot One (1), Bick's Third
Subdivision for a distance of Thirty (30.0) feet; thence north on the west line of Lot
One (1), Bick's Third Subdivision, a distance of Ninety One and Thirty Four
Hundredths (91.34) feet; thence east on the north line of Lot One (1), Bick's Third
Subdivision for a distance of Three Hundred Forty One and Thirty Two Hundredths
(341.32) feet; thence south on the east line of Lot One (1), Bick's Third Subdivision
for a distance of Two Hundred Seventy Four and Twenty Eight Hundredths (274.28)
feet; thence southwesterly on the south line of Lot One (1), Bick's Third Subdivision
for a distance of Two Hundred Forty One and Eighty Five Hundredths (241.85) feet;
thence southerly on the east line of Lot One (1), Bick's Third Subdivision for a
distance of Two Hundred Ninety (290.0) feet to the north line of Old U.S. Highway
30; thence southwesterly on the southerly line of Bick's Third Subdivision and
Reuting's Second Subdivision, said line also being the north line of Old U.S.
Highway 30 to the southwest comer of Lot Four (4), Reuting's Second Subdivision;
thence northwesterly on the west line of Lot Four (4), Reuting's Second Subdivision
to the northwest comer of Lot Four (4), Reuting's Second Subdivision; thence north
on the west line of Lots Forty Two (42), Forty One (41), Forty (40), Thirty Nine (39),
Thirty Eight (38), and Thirty Seven (37), Reuting's Second Subdivision to a point
where the prolongation of the south line of Lot Fifty (50), Reuting's Second
Subdivision intersects the west line of Lot Thirty Seven (37), Reuting's Second
Subdivision; thence west on the south line of Lot Fifty (50), Reuting's Second
Subdivision and a prolongation thereof to the southwest comer of Lot Fifty (50),
Reuting's Second Subdivision; thence north on the west line of Lot Fifty (50),
Reuting's Second Subdivision to the southeast comer of Lot One (1), Chief
Industries Subdivision; thence west on the south line of Lots One (1), Two (2), Three
(3), and Four (4), Chief Industries Subdivision to the southwest comer of Lot Four
(4), Chief Industries Subdivision; thence north on the west line of Lot Four (4), Chief
Industries Subdivision to the point of beginning; all as shown on the plat dated
I
Approved as to Form . ~
March 20, 1998 . City Attorney
2
I
I
I
ORDINANCE NO. 8355 (Cont)
August 20, 1997, marked Exhibit A attached hereto and incorporated herein by
reference.
SECTION 3. Said improvement shall be made in accordance with plans and specifications
prepared by the Engineer for the City who shall estimate the cost thereof, and submit the same to the
City Council, and upon approval of the same, bids for the construction of such sanitary sewer shall
be taken and contracts entered into in the manner provided by law.
SECTION 4. The cost of construction of such improvement shall be assessed against the
property within the district abutting upon the easement or other right-of-way within which such
sanitary sewer mains will be constructed within such sewerage district, to the extent of benefits to
such property by reason of such improvement, and a special tax shall be levied at one time to pay
for such cost of construction as soon as can be ascertained, as provided by law; and, provided further,
such special tax and assessments shall constitute a sinking fund for the payment of any bonds with
interest, issued for the purpose of paying the cost of such sewer in such district; such special
assessments shall be paid and collected in a fund to be designated and known as Sewer and Water
Extension Fund, and, out of which all warrants issued for the purpose of paying the cost of sanitary
sewer shall be paid.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval and publication, without the plat, as provided by law.
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office
of the Register of Deeds of Hall County, Nebraska.
Approved as to Form . ~
March 20, 1998 . City Attorney
3
I
I
I
ORDINANCE NO. 8355 (Cont)
SECTION 7. After passage, approval, and publication of this ordinance without the
plat, notice of the creation of said district shall be published in the Grand Island Independent, a legal
newspaper published and of general circulation in said City, as provided by law.
Enacted March 9, 1998.
Ken Gnadt, Mayor
ATTEST:
Cindy K. Cartwright, City Clerk
This Ordinance was adoPted on first reading at the City Council
Meeting of March 9, 1998.
Approved as to Form . ~
March 20, 1998 citY Xtto:y
4
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I
e TillS SPACE RESERVED FOR REGISTER OF DEEDse
ORDINANCE NO. 8355
An ordinance creating Sanitary Sewer District No. 486 of the City of Grand Island, Nebraska,
I defining the boundaries thereof; providing for the laying of sanitary sewer mains in said district;
providing for plans and specifications and securing bids; providing for the assessment of special
taxes for constructing such sewer and collection thereof; and providing for the effective date thereof
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. Sanitary Sewer District No. 486 is hereby created for the construction of eight
(8) inch and ten (10) inch sanitary sewer mains and appurtenances thereto in N & J Subdivision,
Reuting's Third Subdivision, and a part of Bick' s Third Subdivision, Chief Industries Subdivision
and Reuting's Second Subdivision, all in the City of Grand Island, Hall County, Nebraska.
SECTION 2. The boundaries of such sanitary sewer district shall be as follows:
I
Beginning at the northwest corner of Lot Four (4), Chief Industries Subdivision, said
point also being the intersection of the south line of Reuting Road and the east line
Approved as to Form . ~
March 25, 1998 . City Attorney
I
ORDINANCE NO. 8355 (Cont)
I
of North Road; thence west on a prolongation of the south line of Reuting Road for
a distance of Seventy Three (73.0) feet; thence north on a line Seventy Three (73.0)
feet west of and parallel to the east line of north road for a distance of Sixty (60.0)
feet; thence east on a prolongation of the north line ofReuting Road to the southwest
comer of Lot One (1), N & J Subdivision; thence north on the west line of Lot One
(1), N & J Subdivision for a distance of Thirty Five and Eight Hundredths (35.08)
feet to the northwesterly comer of Lot One (1), N & J Subdivision; thence
northeasterly on an arc with a radius of2,789.79 feet to the northeast corner of Lot
One (1), N & J Subdivision; thence south on the east line of Lot One (1), N & J
Subdivision; thence east on the north line of Lot One (1), N & J Subdivision and the
north line of Reuting's Third Subdivision to the northeast corner of Lot One (1),
Reuting's Third Subdivision; thence south on a line common to Reuting's Third
Subdivision and Bick's Third Subdivision to the southwest corner of Lot Two (2),
Bick's Third Subdivision; thence east on the north line of Lot One (1), Bick's Third
Subdivision for a distance of Thirty (30.0) feet; thence north on the west line of Lot
One (1), Bick's Third Subdivision, a distance of Ninety One and Thirty Four
Hundredths (91.34) feet; thence east on the north line of Lot One (1), Bick's Third
Subdivision for a distance of Three Hundred Forty One and Thirty Two Hundredths
(341.32) feet; thence south on the east line of Lot One (1), Bick's Third Subdivision
for a distance of Two Hundred Seventy Four and Twenty Eight Hundredths (274.28)
feet; thence southwesterly on the south line of Lot One (1), Bick's Third Subdivision
for a distance of Two Hundred Forty One and Eighty Five Hundredths (241.85) feet;
thence southerly on the east line of Lot One (1), Bick's Third Subdivision for a
distance of Two Hundred Ninety (290.0) feet to the north line of Old U.S. Highway
30; thence southwesterly on the southerly line of Bick's Third Subdivision and
Reuting's Second Subdivision, said line also being the north line of Old U.S.
Highway 30 to the southwest comer of Lot Four (4), Reuting's Second Subdivision;
thence northwesterly on the west line of Lot Four (4), Reuting's Second Subdivision
to the northwest comer of Lot Four (4), Reuting's Second Subdivision; thence north
on the west line of Lots Forty Two (42), Forty One (41), Forty (40), Thirty Nine (39),
Thirty Eight (38), and Thirty Seven (37), Reuting's Second Subdivision to a point
where the prolongation of the south line of Lot Fifty (50), Reuting's Second
Subdivision intersects the west line of Lot Thirty Seven (37), Reuting's Second
Subdivision; thence west on the south line of Lot Fifty (50), Reuting's Second
Subdivision and a prolongation thereof to the southwest corner of Lot Fifty (50),
Reuting's Second Subdivision; thence north on the west line of Lot Fifty (50),
Reuting's Second Subdivision to the southeast comer of Lot One (1), Chief
Industries Subdivision; thence west on the south line of Lots One (1), Two (2), Three
(3), and Four (4), ChiefIndustries Subdivision to the southwest corner of Lot Four
(4), Chief Industries Subdivision; thence north on the west line of Lot Four (4), Chief
Industries Subdivision to the point of beginning; all as shown on the plat dated
I
Approved as to Form. ~
March 25, 1998 . City Attorney
2
I
I
I
ORDINANCE NO. 8355 (Cant)
August 20, 1997, marked Exhibit A attached hereto and incorporated herein by
reference.
SECTION 3. Said improvement shall be made in accordance with plans and specifications
prepared by the Engineer for the City who shall estimate the cost thereof, and submit the same to the
City Council, and upon approval of the same, bids for the construction of such sanitary sewer shall
be taken and contracts entered into in the manner provided by law.
SECTION 4. The cost of construction of such improvement shall be assessed against the
property within the district abutting upon the easement or other right-of-way within which such
sanitary sewer mains will be constructed within such sewerage district, to the extent of benefits to
such property by reason of such improvement, and a special tax shall be levied at one time to pay
for such cost of construction as soon as can be ascertained, as provided by law; and, provided further,
such special tax and assessments shall constitute a sinking fund for the payment of any bonds with
interest, issued for the purpose of paying the cost of such sewer in such district; such special
assessments shall be paid and collected in a fund to be designated and known as Sewer and Water
Extension Fund, and, out of which all warrants issued for the purpose of paying the cost of sanitary
sewer shall be paid.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval and publication, without the plat, as provided by law.
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office
of the Register of Deeds of Hall County, Nebraska.
3
/' A--
Approved as to Form . ~
March 25, 1998 . City Attorney
I
I
I
ORDINANCE NO. 8355 (Cont)
SECTION 7. After passage, approval, and publication of this ordinance without the
plat, notice of the creation of said district shall be published in the Grand Island Independent, a legal
newspaper published and of general circulation in said City, as provided by law.
Enacted March 23, 1998.
Ken Gnadt, Mayor
ATTEST:
Cindy K. Cartwright, City Clerk
This Ordinance was passed on second reading March 23, 1998,
. /"~.,.
Approved as to Form """""--
March 25, 1998 . City ttomey
4
I
. THIS SPACE RESERVED FOR REGISTER OF DEEDS.
ORDINANCE NO. 8355
An ordinance creating Sanitary Sewer District No. 486 ofthe City of Grand Island, Nebraska,
I defining the boundaries tbereof; providing for the laying of salitary sewer mains in said district;
providing for plans and specifications and securing bids; providing for the assessment of special
taxes for constructing such sewer and collection thereof; and providing for the effective date thereof
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. Sanitary Sewer District No. 486 is hereby created for the construction of eight
(8) inch and ten (10) inch sanitary sewer mains and appurtenances thereto in N & J Subdivision,
Reuting's Third Subdivision, and a part of Bick' s Third Subdivision, Chief Industries Subdivision
and Reuting's Second Subdivision, all in the City of Grand Island, Hall County, Nebraska.
SECTION 2. The boundaries of such sanitary sewer district shall be as follows:
I
Beginning at the northwest corner of Lot Four (4), Chief Industries Subdivision, said
point also being the intersection of the south line ofReuting Road and the east line
Approved as to Form . ~
April 2, 1998 . City mey
I
ORDINANCE NO. 8355 (Cont)
I
of North Road; thence west on a prolongation of the south line of Reuting Road for
a distance of Seventy Three (73.0) feet; thence north on a line Seventy Three (73.0)
feet west of and parallel to the east line of north road for a distance of Sixty (60.0)
feet; thence east on a prolongation of the north line ofReuting Road to the southwest
comer of Lot One (1), N & J Subdivision; thence north on the west line of Lot One
(1), N & J Subdivision for a distance of Thirty Five and Eight Hundredths (35.08)
feet to the northwesterly comer of Lot One (1), N & J Subdivision; thence
northeasterly on an arc with a radius of2,789.79 feet to the northeast comer of Lot
One (1), N & J Subdivision; thence south on the east line of Lot One (1), N & J
Subdivision; thence east on the north line of Lot One (1), N & J Subdivision and the
north line of Reuting' s Third Subdivision to the northeast comer of Lot One (1),
Reuting's Third Subdivision; thence south on a line cornmon to Reuting's Third
Subdivision and Bick's Third Subdivision to the southwest comer of Lot Two (2),
Bick's Third Subdivision; thence east on the north line of Lot One (1), Bick's Third
Subdivision for a distance of Thirty (30.0) feet; thence north on the west line of Lot
One (1), Bick's Third Subdivision, a distance of Ninety One and Thirty Four
Hundredths (91.34) feet; thence east on the north line of Lot One (1), Bick's Third
Subdivision for a distance of Three Hundred Forty One and Thirty Two Hundredths
(341.32) feet; thence south on the east line of Lot One (1), Bick's Third Subdivision
for a distance of Two Hundred Seventy Four and Twenty Eight Hundredths (274.28)
feet; thence southwesterly on the south line of Lot One (1), Bick's Third Subdivision
for a distance of Two Hundred Forty One and Eighty Five Hundredths (241.85) feet;
thence southerly on the east line of Lot One (1), Bick's Third Subdivision for a
distance of Two Hundred Ninety (290.0) feet to the north line of Old U.S. Highway
30; thence southwesterly on the southerly line of Bick's Third Subdivision and
Reuting's Second Subdivision, said line also being the north line of Old U.S.
Highway 30 to the southwest comer of Lot Four (4), Reuting's Second Subdivision;
thence northwesterly on the west line of Lot Four (4), Reuting's Second Subdivision
to the northwest comer of Lot Four (4), Reuting's Second Subdivision; thence north
on the west line of Lots Forty Two (42), Forty One (41), Forty (40), Thirty Nine (39),
Thirty Eight (38), and Thirty Seven (37), Reuting's Second Subdivision to a point
where the prolongation of the south line of Lot Fifty (50), Reuting's Second
Subdivision intersects the west line of Lot Thirty Seven (37), Reuting's Second
Subdivision; thence west on the south line of Lot Fifty (50), Reuting's Second
Subdivision and a prolongation thereof to the southwest comer of Lot Fifty (50),
Reuting's Second Subdivision; thence north on the west line of Lot Fifty (50),
Reuting's Second Subdivision to the southeast comer of Lot One (1), Chief
Industries Subdivision; thence west on the south line of Lots One (1), Two (2), Three
(3), and Four (4), ChiefIndustries Subdivision to the southwest corner of Lot Four
(4), Chief Industries Subdivision; thence north on the west line of Lot Four (4), Chief
Industries Subdivision to the point of beginning; all as shown on the plat dated
I
Approved as to Form . r ~
April 2, 1998 . ~
2
I
I
I
ORDINANCE NO. 8355 (Cont)
August 20, 1997, marked Exhibit A attached hereto and incorporated herein by
reference.
SECTION 3. Said improvement shall be made in accordance with plans and specifications
prepared by the Engineer for the City who shall estimate the cost thereof, and submit the same to the
City Council, and upon approval of the same, bids for the construction of such sanitary sewer shall
be taken and contracts entered into in the manner provided by law.
SECTION 4. The cost of construction of such improvement shall be assessed against the
property within the district abutting upon the easement or other right-of-way within which such
sanitary sewer mains will be constructed within such sewerage district, to the extent of benefits to
such property by reason of such improvement, and a special tax shall be levied at one time to pay
for such cost of construction as soon as can be ascertained, as provided by law; and, provided further,
such special tax and assessments shall constitute a sinking fund for the payment of any bonds with
interest, issued for the purpose of paying the cost of such sewer in such district; such special
assessments shall be paid and collected in a fund to be designated and known as Sewer and Water
Extension Fund, and, out of which all warrants issued for the purpose of paying the cost of sanitary
sewer shall be paid.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval and publication, without the plat, as provided by law.
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office
of the Register of Deeds of RaIl County, Nebraska.
3
Approved as to Form . ~
April 2, 1998 City ~ttorney
I
I
I
ORDINANCE NO. 8355 (Cont)
SECTION 7. After passage, approval, and publication of this ordinance without the
plat, notice of the creation of said district shall be published in the Grand Island Independent, a legal
newspaper published and of general circulation in said City, as provided by law.
Enacted April 6, 1998.
~~
Ken adt, Mayor
ATTEST:
t1.t~c-
Approved as to Form .
April 2, 1998 . City Attorney
4
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.This space reserved for Register of Deeds.
ORDINANCE NO. 8356
An ordinance creating Water Main District No. 426T in the City of Grand Island,
I Hall County, Nebraska; defining the boundaries of the district; providing for the laying of a water
main in said district; providing for plans and specifications and securing bids; providing for the
connection fee for connecting to such water main; providing for certification to the Register of
Deeds; and providing the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Water Main District No. 426T in the City of Grand Island,
Nebraska, is hereby created for the laying of a sixteen (16) inch diameter water main with its
appurtenances in Husker Highway, from Schroeder A venue to Regal Drive in Grand Island, Hall
County, Nebraska.
I
SECTION 2. The boundaries of such water main connection district shall be as
follows:
Approved as to Form . cae-
January 23. 1998 . City Attorney
I
I
I
ORDINANCE NO. 8356 (Cont)
Beginning at the southeast corner of Lot Nine (9) Castle Estates
Subdivision, a subdivision in the City of Grand Island, Hall County, Nebraska;
thence southerly perpendicular to the southerly line of said Lot Nine (9) a distance
of two hundred (200.0) feet; thence westerly parallel with the southerly right-of-
way line of Husker Highway a distance of two thousand seventy and one tenths
(2,070.1) feet to the southwest corner of Lot One (1) Block One (1) Westroads
Estates Subdivision, a subdivision in Hall County, Nebraska; thence northerly
along the westerly line of said Lot One (1) and its extension a distance of one
hundred sixty (160.0) feet to the southwest corner of the Southwest Quarter of the
Southeast Quarter (SWl/4, SEl/4) of Section Twenty Six (26), Township Eleven
(ll)North, Range Ten (10) West of the 6th P.M.; thence continuing northerly along
the westerly line of the Southwest Quarter of the Southeast Quarter (SWl/4, SEl/4)
of said Section Twenty Six (26) a distance of one hundred sixty (160.0) feet; thence
easterly parallel with the northerly right-of-way line of said Husker Highway a
distance of one thousand forty and six tenths (1,040.6) feet to the northwest corner
of Lot Forty (40) Indianhead Subdivision, a subdivision in the City of Grand
Island, Hall County, Nebraska; thence southerly along the westerly line of said Lot
Forty (40) a distance of one hundred twenty (120.0) feet to the southwest corner
of said Lot Forty (40); thence easterly along the northerly right-of-way line of said
Husker Highway a distance of one thousand twenty nine and sixty three hundredths
(1,029.63) feet to the point of beginning, as shown on the plat dated January 14,
1998, attached hereto and incorporated herein by reference.
SECTION 3. Said improvement shall be made in accordance with plans and
specifications prepared by the Engineer for the City, who shall estimate the cost thereof. Bids for
the construction of said water main shall be taken and contracts entered into in the manner
provided by law.
SECTION 4. The cost of construction of such water main connection district shall
be reported to the City Council, and the Council, sitting as a Board of Equalization, shall
determine benefits to abutting property by reason of such improvement pursuant to Section 16-
6,103, R.R.S. 1943. The special benefits shall not be levied as special assessments but shall be
certified by resolution of the City Council to the Hall County Register of Deeds. A connection
- 2 -
Approved as to Form . CltJ"[:
January 23. 1998 . City Attorney
I
I
I
ORDINANCE NO. 8356 (Cont)
fee in the amount of the special benefit accruing to each property in the district shall be paid to the
City of Grand Island at such time as such property becomes connected to the water main in such
district. No property thus benefitted by water main improvements shall be connected to the water
main until the connection fee is paid. The connection fees collected shall be paid either into the
Water Surplus Fund or into a fund to be designated as the fund for Water Main District No. 426T
for the purpose of creating a sinking fund for the payment of bonds. Payment of the cost of
construction of Water Main District No. 426T may be made by warrants drawn upon the Water
Surplus Fund.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval, and publication, without the plat, within fifteen days in one issue of the Grand
Island Independent.
Enacted January 26, 1998.
ATTEST:
Ken~
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. TIllS SPACE RESERVED FOR REGISTER OF DEEDS.
ORDINANCE NO. 8357 .
I
An ordinance directing and authorizing the conveyance of a tract of land comprising
of Lot Two (2), Block Sixty Nine (69), Original Town of Grand Island, Hall County, Nebraska;
providing for the giving of notice of such conveyance and the terms thereof; providing for the
right to file a remonstrance against such conveyance; and providing the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The conveyance to D & D INVESTMENTS, a Nebraska partnership,
of a tract of land comprising of Lot Two (2), Block Sixty Nine (69), Original Town of Grand
Island, Hall County, Nebraska; is hereby authorized and directed.
I
/'dt......
Approved as to Form . ~
January 23, 1998 . City Attorney
I
I
I
ORDINANCE NO. 8357 (Cont)
SECTION 2. The consideration for such conveyance shall be One Dollar ($1.00)
and other consideration. Conveyance of the real estate above described may be by Special
Warranty Deed, upon delivery of the consideration. A title insurance policy is not required to
be furnished by the City.
SECTION 3. As provided by law, notice of such conveyance and the terms thereof
shall be published for three consecutive weeks in the Grand Island Independent, a newspaper
published for general circulation in the City of Grand Island. Immediately after the passage and
publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and
publish such notice.
SECTION 4. Authority is hereby granted to the electors of the City of Grand
Island to file a remonstrance against the conveyance of such within described real estate; and if
a remonstrance against such conveyance signed by legal electors of the City of Grand Island equal
in number to thirty percent of the electors of the City of Grand Island voting at the last regular
municipal election held in such City be filed with the city council within thirty days of passage and
publication of such ordinance, said property shall not then, nor within one year thereafter, be
conveyed.
SECTION 5. The conveyance of said real estate is hereby authorized, directed, and
confirmed; and if no remonstrance be filed against such conveyance, the Mayor and City Clerk
shall make, execute, and deliver to D & D INVESTMENTS, a Nebraska partnership, a Special
Warranty Deed for said real estate, and the execution of such deed is hereby authorized without
further action on behalf of the City Council.
2
Approved as to Form
Janual)' 23, 1998
· Ci~ey
I
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ORDINANCE NO. 8357 (Cont)
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication within fifteen days in one issue of the Grand Island Independent, as
provided by law.
Enacted January 26, 1998.
?{~
Ken)1nadt, Mayor
ATTEST:
C~K1t~S~~
3
Approved as to Form. c..ar:...
January 23, 1998 . City Attorney
I
I
I
ORDINANCE NO. 8358
An ordinance to amend Chapter 2 of the Grand Island City Code; to amend Section
2-8 pertaining to Appointments to Boards and Commissions; to repeal Section 2-8 as now existing;
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. Section 2-8 ofthe Grand Island City Code be and hereby is amended
to read as follows:
~2-8. Mayor; Additional Powers; Duties
In addition to the foregoing powers and duties, the mayor shall:
1. Appoint and remove, with approval of the city council, all department heads;
appoint, remove, correct, or discipline all subordinate employees in the departments in
both the classified and unclassified service, which appointments shall be upon merit and
fitness alone, and in the classified service all appointments and removals shall be subject
to civil service requirements.
2. Appoint all members of advisory boards, commissions, and committees
established by ordinance or action of the council, subject to council approval.
SECTION 2. Section 2-8 of the Grand Island City Code as heretofore existing, and
any ordinances or parts of ordinances in conflict herewith, be, and hereby are, repealed.
SECTION 3. This ordinance shall be in full force and effect from and after its
passage, approval, and publication, in pamphlet form, within fifteen days, as provided by law.
Enacted: January 26, 1998.
ATTEST:
Ken Gnadt, Mayor
The City Council did not act on
Ordinance at the January 26 meeting,
Cindy K. Cartwright, City Clerk
Approved as to Form .
May 23, 1998 . City Attorney
I
I
ORDINANCE NO. 8359
An ordinance to amend Ordinance Nos. 8343 and 8354, known as the Salary
Ordinance which lists the currently occupied classifications of officers and employees of the City
of Grand Island, Nebraska and establishes the ranges of compensation of such officers and
employees; to adjust salary ranges for job classifications in the Public Works and Parks and
Recreation Departments; to repeal Section 1 of Ordinance No. 8343 and Ordinance No. 8354 and
all other ordinances in conflict with this ordinance; to provide for severability; to provide for the
effective date thereof; and to provide for publication of this ordinance in pamphlet form.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. Section 1 of Ordinance No. 8343 is hereby amended to read as follows:
SECTION 1. The currently occupied classifications of officers and general employees
of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift
differential as provided by contract) to be paid for such classifications, and the number of hours and
work period which certain such officers and general employees shall work prior to overtime
eligibility are as follows:
Classification Bi- Weekly Pay Overtime
Range Min / Max Eligibility
Accountant 1055.20/1485.60 Exempt
Accounting Manager 1292.00/1817.60 Exempt
Accounting Technician 824.80/1160.00 40 hrs/week
Administrative Assistant 912.00/ 1283.20 40 hrs/week
Administrative Clerk 651.20/916.00 40 hrs/week
Administrative Secretary* 737.60/ 1236.80 40 hrs/week
Assistant Finance Director 1419.20/1996.80 Exempt
I Assistant Public Works Director 1461.60/2056.80 Exempt
Assistant Utility Director 1875.20/2639.20 Exempt
Approved as to Form .~
February 10, 1998 . City Attorney
I ORDINANCE NO. 8359 (Cont.)
Classification Bi- Weekly Pay Overtime
Range Min / Max Eligibility
Attorney 1454.40/2046.40 Exempt
Audio- Visual Technician 935.20/1316.00 40 hrs/week
Biosolids Technician 803.20 /1129.60 40 hrs/week
Building Inspections Director 1521.60/2141.60 Exempt
Building Inspector 1009.60/1420.00 40 hrs/week
Cemetery Superintendent 1050.40/1478.40 Exempt
City Administrator 2492.80/3507.20 Exempt
City Attorney 1911.20/2689.60 Exempt
Civil Engineer - Utilities 1454.40/2047.20 Exempt
Civil Engineer I 1064.00/1497.60 Exempt
Civil Engineer II 1260.80/ 1773.60 Exempt
I Code Compliance Officer 858.40/ 1208.00 40 hrs/week
Collection System Supervisor 990.40/ 1393.60 40 hrs/week
Communications Supervisor 870.40 / 1224.80 Exempt
Community Development Director 1406.40/1978.40 Exempt
Community Development Technician* 737.60/ 1120.80 40 hrs/week
Custodian 616.00 /866.40 40 hrs/week
Data Processing Manager 1454.40 / 2046.40 Exempt
Data Processing Supervisor 1055.20/1485.60 Exempt
Deputy Fire Chief 1448.00/2037.60 Exempt
Deputy Police Chief 1512.80/2128.80 Exempt
Downtown Development Director 1406.40/1978.40 Exempt
Electric Distribution Superintendent 1672.80/2353.60 Exempt
Electric Distribution Supervisor 1414.40/1989.60 40 hrs/week
Electric Underground & Substation Supt. 1489.60/2096.00 Exempt
I Electrical Engineer I 1221.60/1719.20 Exempt
Electrical Engineer II 1414.40/1989.60 Exempt
2
Approved as to Form .
February 10, 1998 . City Attorney
I ORDINANCE NO. 8359 (Cont.)
Classification Bi-Weekly Pay Overtime
Range Min / Max Eligibility
Electrical Inspector 1009.60/1420.00 40 hrs/week
Emergency Management Coordinator 796.80/ 1120.80 40 hrs/week
Emergency Management Director 1521.60/2141.60 Exempt
Engineering Technician Supervisor 1171.20/1648.00 Exempt
Equipment Operator 756.00/1064.00 40 hrs/week
Executive Assistant 912.00 / 1283.20 40 hrs/week
Finance Director 1911.20/2689.60 Exempt
Fire Chief 1720.80/2421.60 Exempt
Fire Marshal 1356.00/ 1907.20 Exempt
Fire Training Officer 1356.00/1907.20 Exempt
Garage Superintendent 1114.40/1568.00 Exempt
I Golf Course Superintendent* 1146.40/1845.69 Exempt
Grounds Management Crew Chief 892.00/ 1255.20 40 hrs/week
Legal Assistant 976.00/ 1372.80 40 hrs/week
Legal Secretary 792.00/1115.20 40 hrs/week
Librarian 940.80/ 1323.20 Exempt
Library Assistant 649.60/913.60 40 hrs/week
Library Clerk 518.40/729.60 40 hrs/week
Library Director 1484.80/2088.80 Exempt
Library Page* 411.80/ 687.64 40 hrs/week
Maintenance Mechanic I 767.20/1079.20 40 hrs/week
Maintenance Mechanic II 860.80/ 1211.20 40 hrs/week
Maintenance Worker I 697.60/981.60 40 hrs/week
Maintenance Worker 11* 733.60/ 1032.80 40 hrs/week
Meter Reading Supervisor 909.60/ 1280.00 Exempt
I Office Manager 923.20 / 1299.20 40 hrs/week
Paramedic Supervisor 1356.00/1907.20 Exempt
Approved as to Form . Ufl7
February 10. 1998 City Attorney
3
I ORDINANCE NO. 8359 (Cont.)
Classification Bi-Weekly Pay Overtime
Range Min / Max Eligibility
Parks and Recreation Director 1598.40/2249.60 Exempt
Parks Maintenance Superintendent 1114.40/1568.00 Exempt
Payroll Specialist 844.00/1187.20 40 hrs/week
Personnel Director 1521.60/2141.60 Exempt
Personnel Specialist 844.00/1187.20 40 hrs/week
Plumbing Inspector 1009.60/1420.00 40 hrs/week
Police Chief 1759.20/2475.20 Exempt
Police Records Clerk 669.60/941.60 40 hrs/week
Power Plant Maintenance Supervisor 1324.00 / 1863.20 Exempt
Power Plant Operations Supervisor 1391.20/1958.40 Exempt
Power Plant Superintendent - Burdick 1391.20/1958.40 Exempt
I Power Plant Superintendent - PGS 1648.80/2320.80 Exempt
Public Information Officer 848.80/1195.20 40 hrs/week
Public Information/Records Mgmt Director 1260.00/ 1772.80 Exempt
Public Works Director 1911.20/2689.60 Exempt
Purchasing Technician 737.60/1037.60 40 hrs/week
Recreation Superintendent 1087.20/1529.60 Exempt
Senior Civil Engineer 1454.40 / 2046.40 Exempt
Senior Electrical Engineer 1454.40/2046.40 Exempt
Senior Engineering Technician 1035.20/1456.80 40 hrs/week
Senior Equipment Mechanic 915.20/1287.20 40 hrs/week
Senior Equipment Operator 820.00/1165.60 40 hrs/week
Senior Library Assistant 716.80/1008.00 40 hrs/week
Senior Maintenance Worker 808.00/ 1136.80 40 hrs/week
Solid Waste Superintendent 1244.80/ 1751.20 Exempt
I Street Superintendent 1244.80/ 1751.20 Exempt
Street Supervisor 988.00/ 1390.40 40 hrs/week
Approved as to Form . an:r
February 10, 1998 . City Attorney
4
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ORDINANCE NO. 8359 (Cont.)
Classification Bi- Weekly Pay Overtime
Range Min / Max Eligibility
Telecommunicator/EMD 750.40/1056.00 40 hrs/week
Turf Management Specialist 1035.20/1456.80 40 hrs/week
Utility Production Engineer 1574.40/2215.20 Exempt
Utility Director 2174.40/3059.20 Exempt
Utility Services Manager 1292.00/1817.60 Exempt
Utility Warehouse Supervisor 1024.80/1442.40 40 hrs/week
Wastewater Engineering/Operations Supt 1454.40/2047.20 Exempt
Wastewater Plant Maintenance Supervisor 1016.00/1429.60 40 hrs/week
Wastewater Plant Operator I 714.40/ 1005.60 40 hrs/week
Wastewater Plant Operator II 759.20/1068.00 40 hrs/week
Wastewater Plant Process Supervisor 1041.60/1465.60 40 hrs/week
Wastewater Plant Senior Operator 803.20/1129.60 40 hrs/week
Water Superintendent 1221.60/1719.20 Exempt
Water Supervisor 1041.60/ 1465.60 40 hrs/week
Worker/Seasonal 412.00/1183.20 Exempt
Worker/Temporary 412.00 40 hrs/week
Youth Services Coordinator 808.00/961.60 Exempt
* Pay Schedule Variations
SECTION 2. Ordinance No. 8354 is hereby amended to read as follows:
Section 2. The currently occupied classifications of employees of the City of
Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary
and wages, excluding shift differential as provided by contract) to be paid for such classifications,
and the number of hours and work period which certain such employees included under the
AFSCME labor agreement shall work prior to overtime eligibility are as follows:
5
Approved as to Form . ~
February 10, 1998 City Attorney
I ORDINANCE NO. 8359 (Cont.)
Classification Bi- Weekly Pay Overtime
Range Min / Max Eligibility
Equipment Mechanic - Streets 816.80/1143.20 40 hrs/week
Equipment Mechanic - Garage 816.80/1143.20 40 hrs/week
Equipment Operator - Streets 729.60/1021.60 40 hrs/week
Fleet Maintenance Technician 727.20/1016.80 40 hrs/week
Shop Attendant 663.20/928.00 40 hrs/week
Horticulturist 771.20/1062.40 40 hrs/week
Maintenance Worker I - Cemetery 676.00/952.80 40 hrs/week
Maintenance Worker I - Parks ~76.00 /952.80 40 hrs/week
Maintenance Worker I - Streets 661.60/911.20 40 hrs/week
Maintenance Worker II - Cemetery 723.20/1002.40 40 hrs/week
Maintenance Worker II - Streets 704.00/980.00 40 hrs/week
I Maintenance Worker II - Parks 718.40/991.20 40 hrs/week
Senior Equipment Operator - Streets 799.20/1100.00 40 hrs/week
Senior Maintenance Worker - Streets 799.20/1100.00 40 hrs/week
* Pay Schedule Variations
SECTION 3. Section 1 of Ordinance No. 8343 and Ordinance No. 8354 and all other
ordinances and parts of ordinances in conflict herewith, be, and the same are, hereby repealed.
SECTION 4. The salary adjustments identified herein shall commence with the pay
period beginning March 2, 1998.
SECTION 4. This ordinance shall be in full force and take effect from and after its
passage and publication in pamphlet form by the City Clerk.
I
Approved as to Form. t:J(fl::J
February 10, 1998 . City Attorney
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ATTEST:
ORDINANCE NO. 8359 (Cont.)
Enacted: February 9, 1998.
~~~erk
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Ken
Approved as to Form . ~
February 10, 1998 City Attorney
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ORDINANCE NO. 8360
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use classification of a tract of land comprising of a part
of the Northwest Quarter of the Southeast Quarter (NW1I4 SW1I4) of Section Thirteen (13),
Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in the City of Grand Island,
Hall County, Nebraska, from T A-Transitional Agriculture Zone to B2-General Business Zone;
directing that such zoning change and classification be shown on the Official Zoning Map of the
City of Grand Island; amending the provisions of Section 36-7; and providing for publication and
an effective date of this ordinance.
WHEREAS, the Regional Planning Commission on February 4, 1998, held a
public hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given
to the Board of Education of the Grand Island Public Schools in Hall County, Nebraska; and
WHEREAS after public hearing on February 9, 1998, the City Council found and
determined the proposed change in zoning be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. A tract of land comprising a part of Northwest Quarter of the
Southeast Quarter (NW1I4 SE1I4) of Section Thirteen (13), Township Eleven (11) North,
Range Ten (10) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska,
said tract more particularly described as follows:
Approved as to Form . ~
February 6, 1998 . City ttorney
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ORDINANCE NO. 8360 (Cont.)
A tract of land comprising the northerly Seven Hundred Fifty (750,0) feet
of the Northwest Quarter of the Southeast Quarter (NWl/4 SEl/4) of Section
Thirteen (13), Township Eleven (11) North, Range Ten (10) West of the 6th P.M.
in the City of Grand Island, Hall County, Nebraska, excepting therefrom the
northerly Two Hundred Fifty (250.0) feet of the westerly One Hundred Eighty
Four (184.0) feet and that portion presently occupied by Highway 281 right-of-
way. Said tract containing 19.41 acres, more or less;
be rezoned and reclassified and changed from TA-Transitional Agriculture Zone to B2-General
Business Zone.
SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska,
as established by Section 36-7 of the Grand Island City Code, be, and the same is, hereby ordered
to be changed, amended, and completed in accordance with this ordinance.
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted February 9, 1998.
- 2 -
Approved as to Form T ~
February 6, 1998 . City Attorney
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ORDINANCE NO. 8361
An ordinance to amend Chapter 36 ofthe Grand Island City Code; to amend Section
36-36.1 pertaining to landscaping regulations; to repeal Section 36-36.1 as now existing; 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. Section 36-36.1 of the Grand Island City Code be and hereby is
amended to read as follows:
~36-36.1 Landscaping and Screening Regulation
(A) Purpose: The landscaping and screening regulations are intended to improve the physical appearance of the
community; to improve the environmental performance of new development by contributing to the abatement of heat,
noise, glare, wind and dust; to promote natural percolation of storm water and improvement or air quality; to buffer
potentially incompatible uses from one another; and, to protect and enhance the value of property and neighborhoods
within the city.
(B) Applicability:
(1) The provisions of this section shall apply to the following zones: R3, R4, RO, Bl, B2, B2-AC, B3,
ME, Ml, M2, CD, RD and TD zones. Landscaping oflands within the Central Business District and Fourth
Street Business District, as defmed in Section 36-35 of the City Code, shall be subject to Streetscape
Improvement Projects where applicable. In the absence of such Projects, the provisions of this section shall
apply.
(2) The provisions of this section shall apply to all new development, including surface parking, on each
lot or site upon application for a building permit, except as follows:
(a) Reconstruction or replacement of a lawfully existing use or structure.
(b) Remodeling, rehabilitation or improvements to existing uses or structures which do not
substantially change the location or building footprint of existing structures, or the location and design
of parking facilities or other site improvements. However, additions or enlargements of existing uses
or structures, which increase floor area or impervious coverage, shall be subject to the provisions of
this section, which shall only apply to that portion of the lot or site where the new development or use
occurs.
(c) Residential structures containing three dwelling units or less shall be exempt from the
requirements of this section.
Approved as to Form .
February 10, 1998 . City Attorney
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ORDINANCE NO. 8361 (Cont.)
3. Landscaping which exists on any property shall not be altered or reduced below the minimum
requirements of this section, unless suitable substitutions are made which meet the requirements of this section,
pursuant to a site plan approved by the city.
4. Any conflict between this section and another section of this chapter shall be resolved in favor of the
more restrictive provision.
(C) Nonconforming Status: Any property or use of property, which on the effective date of this section or any
amendment hereto is lawfully nonconforming only as to the regulations relating to landscaping, may be continued in
the same manner as if the landscaping were conforming.
(D) Defmitions: The following defmitions shall be used for terms contained within this section:
Buffer yard: A landscaped area provided to separate and significantly obstruct the view of two adjacent land
uses or properties from one another.
Canopy tree: A deciduous tree having a minimum mature height of 30 feet and a minimum caliper of 1 inch
at the time of planting. One canopy tree equals two understory/ornamental or evergreen trees.
Evergreen tree: An evergreen or conifer tree having a minimum mature height of 20 feet and a minimum 2
gallon container size or bare root/ball equivalent at the time of planting.
Landscaped area: That area within the boundaries of a given lot consisting primarily of plant material,
including but not limited to grass, trees, shrubs, flowers, vines, groundcover and other organic plant materials (this does
not include plant materials typically used as a cash crop). Tall varieties of native and ornamental grasses may be planted
and left in their nature state in selective and limited locations, deemed appropriate by the city. Inorganic materials such
as brick, stones, aggregate, ponds or fountains may be used within landscaped areas, provided that such materials
comprise no more than 35 percent of the required landscaped area. Flat concrete or asphalt, other than walkways five
feet or less in width, may not be used within a required landscaped area.
Minimum equivalent street landscaping: The minimum landscaped area which must be provided in a street
yard, expressed as a percent of the total area contained within that street yard.
Shrub: A deciduous or evergreen plant having a minimum height of 18 inches at the time of planting, with
a maximum mature height of less than 10 feet.
Street yard:
(1) The area of a lot or parcel which lies between any street property line and the fronting walls of any
building or buildings on the parcel. The street yard shall follow all irregularities or indentations in the front
wall of the building, excluding minor projections on indentations such as steps or unenclosed porches. For the
purposes of defining the street yard area, the front wall shall be extended from the outermost comers of the
building, parallel with the fronting street, until intersecting with the side property line (see Exhibit 36-36.1).
Street yard depth shall not exceed 100 feet for the purposes of calculating the minimum equivalent street
landscaping area requirement.
(2) On lots or parcels with multiple buildings, the street yard area shall be defmed by all building front
walls having direct, visual frontage onto the street. Any space between buildings equal to 15 percent of the
length of such frontage, but in no case more than 100 feet, shall be considered an extension of the continuous
building front wall for the purpose of delineating the street yard.
Understory/ornamental tree: A flowering or non-flowering deciduous tree having a maximum mature height
of 30 feet and a minimum caliper of Y2 inch at the time of planting.
(E)
Street Yard Landscaping Standards:
(1) Street yard landscaping shall be provided adjacent to each street property line and within street yards,
as set forth below, in accordance with an approved site landscaping plan:
Approved as to Form . ~
February 10. 1998 . City Attorney
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ORDINANCE NO. 8361 (Cont.)
Minimum Equivalent Street Landscaping Area
Zonin~ District (as a vercent of street vard) Minimum Landscavin~ Devth of Street Yard* *
R3 65% 20 feet
R4 60% 10 feet
RO 30% 10 feet
BI 25% 10 feet
B2 20%* 10 feet*
B2-AC 20%* 20 feet*
B3 20%* 10 feet*
ME 20% 20 feet
Ml 20% 20 feet
M2 20% 10 feet
TD 30% 30 feet
CD as determined by approved plan 30 feet
RD as determined by approved plan 10 feet or 30 feet option
* unless otherwise established in an approved Streetscape Improvement Project.
** 30 feet for lots in RO, BI, B2, B2-AC, B3, CD, TD, ME, MI and M2 zone adjacent to state or federal highway.
(2) When a lot contains more than one street frontage, the area of all street yards and the proposed street
yard landscaped areas may be combined for the purposes of determining compliance with this section.
(3) Any required street yard landscaping shall include the following minimum shrub and tree plantings
(or an appropriate equivalent as determined by the city) for every 100 feet (any fraction of.5 or less rounded
to the next lowest number; any fraction exceeding .5 rounded to the next highest number) of property line
adjacent to a public street right-of-way: 1 canopy tree; I understory/ornamental or evergreen tree; 3 shrubs.
Existing trees or shrubs approved for preservation shall be counted toward satisfaction of this provision.
(F)
Buffer Yard and Parking Landscaping Screening Standards:
(I) Buffer yard landscaping shall be installed and maintained adjacent to the affected common side or
rear property line(s), when a use is established in a more intensive zoning district located adjacent to a less
intensive zoning district, as set forth below:
More Intensive Zonin'i{ District
Required Buffer Yard Width *
Less Intensive Zonin'i{ District
TA, Rl, R2, R3, R4, RD
TA, Rl, R2, R3, R4, RO, RD,
CD, TD, BI, B2, B2-AC, B3
*When an alley, street or railroad R.O.W. separates adjacent districts requiring a buffer yard, the buffer yard width shall be halved.
RO, BI, B2, B2-AC, B3, CD, TD
ME, MI, M2
10 feet
20 feet
(2) Buffer yard landscaping is intended to provide screening of loading docks, refuse collection points,
truck/equipment parking, sources of noise, glare, light, dust, or other negative impacts. Buffer yard
landscaping shall include hedges or screens of evergreen or approved deciduous plant material, capable of
providing a substantial opaque barrier, and attaining a minimum height of 6 feet within three years of planting.
Opaque fencing may also supplement the vegetative plantings, but shall be installed no closer to the property
line than Y2 the width of the required buffer yard.
(3) Buffer yard landscaping and parking landscaping screening strips shall not be placed on an easement.
Approved as to Form . ~
February 10, 1998 . City Attorney
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ORDINANCE NO. 8361 (Cont.)
(4) A parking landscaping screening strip, having a minimum width of 6 feet, shall be installed along any
parking area adjacent to a public street right-of-way. No parking area shall contain more than 100 spaces. If
a greater number of parking spaces is required, separate parking areas shall be provided, and shall be separated
from other parking areas by landscaped dividing strips, having a minimum width of 6 feet. These strips shall
include trees, shrubs, grasses and other vegetative coverings for a creative aesthetic appearance. A parking
landscaping screening strip shall also count towards meeting any requirements associated with minimum
equivalent street or buffer yard landscaping.
(5) A development may continue to comply with the buffer yard landscaping requirements in effect at
the time of issuance of its initial building permit, regardless of whether an adjacent lot or property is rezoned
to a less restrictive zoning district which requires additional buffer yard landscaping.
(G) Site Plan Requirements:
(1) A site plan showing the required street yard, buffer yard and/or parking screening landscaping shall
be submitted to the city for review and approval as part of the application for a building permit. The plan shall
include, but not be limited to the following:
(a) Location of proposed landscaping drawn to scale.
(b) Location, size, type and condition of proposed plant and non-plant landscaping materials
including fences, walks, ponds, fountains, benches, lighting and irrigation systems.
(c) Estimated date of completion of the installation of all plantings and fmishing materials.
(H)
Installation and Maintenance Requirements:
(1) Required landscaping areas shall be installed and maintained in a neat, clean, orderly and healthful
condition. Maintenance shall include proper pruning of trees and shrubs, mowing of lawn and grass areas,
weeding, removal oflitter, fertilizing, replacement of plants consistent with this section when necessary, and
the regular watering of all plantings.
(2) The installation of landscaping shall be completed prior to the issuance of any occupancy permit for
buildings on the property, or commencement of the intended use of the property.
(3) If, at the time of commencement of the intended use of the property or application for a certificate of
occupancy, any required landscaping has not been installed or completed due to seasonal or climatic conditions
or plant material being unavailable, the developer or owner of the property shall submit the following to the
Building Inspection Department:
(a) A request for extension of the proposed completion date for installation of the required
landscaping, stating the reason for the request, the property owner's current mailing address, and a
commitment to complete the installation of the landscaping by a date certain, not to exceed six months
from the building completion date.
(b) A drawing showing the plan and layout of the landscaping areas.
(c) A cost estimate for the installation of the landscaping area.
(d) A bond, certificate of deposit, letter of credit, cash or other fmancial surety as may be
approved by the City Attorney guaranteeing faithful performance of the owner or developer's
commitment to complete installation of the required landscaping and payable to the City of Grand
Island in the event that the developer fails to carry out the commitments described in sub-paragraph
(a) above.
4
Approved as to Form . ~
February 10, 1998 City ttomey
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ORDINANCE NO. 8361 (Cont.)
(4) Upon approval of the foregoing request for extension of time to complete the landscaping installation,
the owner or developer shall be issued a conditional certificate of occupancy or a conditional letter authorizing
commencement of use of the property by the Building Inspection Department. The owner or developer shall
complete the installation of the landscaping in accordance with the commitments made pursuant to sub-
paragraph (a) above, and, upon inspection and approval by the Building Inspection Department, a certificate
of occupancy or commencement of use letter shall be issued. All limitations on the use of the property relating
to landscaping are deemed to be of no force or effect at that time, and the City shall release the surety or other
security submitted by the owner or developer.
(5) If the owner or developer has not installed the required landscaping with the commitments made
pursuant to sub-paragraph (a) above, the owner or developer shall be deemed to have granted the City or its
officers, employees, agents or representatives permission to enter upon the property to install the required
landscaping in accordance with the plan submitted pursuant to sub-paragraph (c) above using the surety or
security filed by the owner or developer as payment for said installation. The Building Inspection Department
shall send the owner or developer written notice of default and intention to enter onto the property to install
required landscaping by certified mail, return receipt requested, and ordinary first class mail sent to the last
known address of said owner or developer at least five (5) business days prior to making such entry.
Approved as to Form . /'~
February 10, 1998 Ci;Xttorney
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EXHIBIT 36-36.1
2 (0)
1. Street yard area defined.
Building Building
STREET 6'
YARD
10'
MINIMUM
DEPTH OF
LANDSCAPING
PROPERTY UNE 2 (b)
~ CURB UNE
Building
2. Example of minimum equivalent street landscaping
area allocation.
The size of the street yard is 80 feet by 250 feet, or 20,000 square feet
In the B2 district, 20 percent of this area (4,000 square feet) must be
landscaped.
The minimum depth of the street landscaping from the front property line
Is ten feel this accounts for 250 feet by 10 feet or 2,500 square feet of
the required street yard landscaping.
10'
2 (c)
Therefore, an additional 1,500 square feet of landscaping Is required.
oi8grams (a), (b) and (c) give examples of how the street landscaping
requirements could be satisfied.
Building
16'
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ORDINANCE NO. 8361 (Cont.)
SECTION 2. Section 36-36.1 ofthe Grand Island City Code as heretofore existing,
and any ordinances or parts of ordinances in conflict herewith, be, and hereby are, repealed.
SECTION 3. This ordinance shall be in full force and effect from and after its
passage, approval, and publication, in pamphlet form, within fifteen days, as provided by law.
Enacted: February 9, 1998.
ATTEST:
Approved as to Form .
February 10, 1998
7
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ORDINANCE NO. 8362
An ordinance assessing and levying a special tax to pay the cost of construction of
Water Main District No. 420 of the City of Grand Island, Nebraska, providing for the collection of
such special tax; repealing any provision of the Grand Island City Code, ordinances, and parts of
ordinances in conflict herewith; and providing the effective date of this ordinance.
BE IT ORDAINED BY THE MA YORAND 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 cost of construction of said water
main in said Water Main District No. 420, as adjudged by the Mayor and Council of said City, to
I the extent of benefits thereto by reason of snch improvement, after due notice having been given
thereof as provided by law; and a special tax for such cost of construction is hereby levied at one
time upon such lots, tracts and lands as follows:
NAME DESCRIPTION AMOUNT
KKES, Inc. Lot 2, Westgate Subdivision $ 4,475.01
George B. & J. Joane Brockley Lot 3, Westgate Subdivision 3,356.26
Joseph L. & Judy K. Trausch Lot 4, Westgate Subdivision 3,356.26
Robert E. & Lavonne L. Rosso Lot 5, Westgate Subdivision 3,356.26
Robert E. & Lavonne L. Rosso Lot 6, Westgate Subdivision 3,356.26
David A. Vacek Lot 7, Westgate Subdivision 3,356.26
David A. Vacek Lot 8, Westgate Subdivision 3,356.26
I David A. Vacek Lot 9, Westgate Subdivision 3,356.26
E. Marsden & Jaculyn 1. Garey Lot 12, Westgate Subdivision 7,602.60
Approved as to Form
February 6, 1998 . City Attorney
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ORDINANCE NO. 8362 (Cont)
David A. Vacek Lot 13, Westgate Subdivision 8,529.15
David A. Vacek Lot 14, Westgate Subdivision 9,024.99
James M. & Donna C. Kluck, et al. Lot 15, Westgate Subdivision 4,140.06
Earl P. & Cmille B. Smith, Trustees
Jack D. & Deanne L. O'Hara Lot 16, Westgate Subdivision 3,020.63
Robert P. Herman & John C. Lot 17, Westgate Subdivision 3,020.63
Herman
Harry L. & Wanda R. Lillienthal Lot 18, Westgate Subdivision 3,356.26
Ricard D. & Becky R. Busboom Lot 19, Westgate Subdivision 3,356.26
Fred H. Bosselman, et al. Lot 20, Westgate Subdivision 3,356.26
Charles E. & Loretta A. Roerich Lot 21, Westgate Subdivision 2,648.09
Fred H. Bosselman, et al. Lot 22, Westgate Subdivision 3,884.31
Fred H. Bosselman, et al. Lot 23, Westgate Subdivision 3,884.31
Little B's Corp. Part ofNWY4 of Sec. 24-11-10 19,098.92
Fred H. Bosselman Lot 2, Westgate 4th Subdivision 14,020.45
L- Three Investments L TD Lot 1, Westgate 6th Subdivision 3,356.26
L- Three Investments L TD Lot 2, Westgate 6th Subdivision 3,356.26
L- Three Investments L TD Lot 3, Westgate 6th Subdivision 3,351.78
L- Three Investments L TD Lot 4, Westgate 6th Subdivision 3,351.78
Monty J. & Ann M. Hadenfeldt Lot 5, Westgate 6th Subdivision 3,020.63
Little B's Corp. Lot 6, Westgate 6th Subdivision 3,020.63
Little B's Corp. Lot 7, Westgate 6th Subdivision 3,020.63
Little B's Corp. Lot 8, Westgate 6th Subdivision 3,020.63
Little B's Corp. Lot 9, Westgate 6th Subdivision 3,356.26
Approved as to Fonn
February 6, 1998
.~
. City Attorney
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ORDINANCE NO. 8362 (Cont)
SECTION 2. The special tax shall become delinquent as follows: One-fifth of the
total amount shall become delinquent in fifty days; one-fifth in one year; one-fifth in two years; one-
fifth in three years; and one-fifth in four years, respectively, after the date of such levy; provided,
however, the entire amount so assessed and levied against any lot, tract, or parcel of land may be
paid within fifty days from the date of this levy without interest, and the lien of special tax thereby
satisfied and released. Each of said installments, except the first, shall draw interest at the rate of
seven percent (7.0%) per annum from the time of such levy until they shall become delinquent.
After the same become delinquent, interest at the rate of fourteen percent (14.0%) per annum shall
be paid thereof, until the same is collected and paid.
SECTION 3. The treasurer ofthe 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 "Sewer and Water Extension Fund" for Water Main District No. 420.
SECTION 5. Any provision of the Grand Island City Code, and any provision of any
ordinance, or part of ordinance, in conflict herewith, is hereby repealed.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage, approval, and publication within fifteen days in one issue of the Grand Island Independent,
as provided by law.
Approved as to Form
February 6, 1998
. CfFC.
. City Attorney
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ORDINANCE NO. 8362 (Cont)
Enacted: February 9, 1998.
ATTEST:
''1-
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Approved as to Form
February 6, 1998
.~
.. Cl Attorney
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ORDINANCE NO. 8363
An ordinance to amend Chapter 35 of the Grand Island City Code; to add Article VI
to Chapter 35 pertaining to Groundwater Control Area; to repeal any ordinance or portions of
ordinances that conflict with this ordinance; 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. Article VI and Sections 36-60 through 35-69 are hereby added to
Chapter 35 of the Grand Island City Code to read as follows:
Article VI.
Groundwater Control Area
~ 35-60. Purpose.
The United States Environmental Protection Agency issued a Record of Decision (ROD) for
the Cleburn Street Well Superfund Site on June 7, 1996, which identified three sources of subsurface
soil and groundwater contamination. These sources included the former One Hour Martinizing
facility, Liberty Cleaners and Shirt Launderers, and Ideal Cleaners. The former Nebraska Solvent
Company was identified as a possible fourth contamination source subject to subsequent evaluation
and testing. The ROD described selected remedies for the three source areas, an element of which
required the City of Grand Island to enact and enforce institutional control ordinances designating
a Groundwater Control Area in which groundwater use would be restricted to prevent human
exposure and consumption of potentially contaminated groundwater, requiring registration of
existing wells and requiring approval and registration new wells. The institutional control
ordinances are to remain in full force and effect until the groundwater contamination identified in
the ROD is reduced to a level making the groundwater safe to be used as a source of drinking water
pursuant to 42 USC ~300g, et seq., the Safe Drinking Water Act, or its successor legislation.
~35-61. Definitions.
As used in this Article, the following terms mean:
Groundwater. Means water pumped from a well located within the Groundwater Control
Area described in Section 35-62.
Groundwater Contamination. Means the chemicals of concern (COC) described in the
United States Environmental Protection Agency Record of Decision (ROD) for the Cleburn Street
Approved as to Form . r' ~
February 17, 1998 ci-M't;-ney
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ORDINANCE NO. 8363 (Cont.)
Well Superfund Site dated June 7, 1996, which was received and accepted by the Mayor and City
Council pursuant to Resolution 98-28.
Groundwater Control Area. Means a defined area within the corporate limits of the City
of Grand Island subject to the institutional controls provided in this Article which are intended to
prohibit human consumption of potentially contaminated groundwater from wells.
Well. Means a hole or shaft sunk into the earth in order to obtain water from a natural
subterranean supply or aquifer.
The definitions found in Neb. Rev. Stat., Chapter 46 - Irrigation and Regulation of Water are
adopted by reference, except where such definitions are in conflict with those provided in this
section above.
~35-62. Groundwater Control Area Boundaries.
The outer boundaries of the Groundwater Control Area are described as follows:
Commencing at the southeasterly comer of the intersection of 9th Street and Adams Street; thence
running northeasterly along the south boundary of 9th Street to the southwesterly comer of the
intersection of 9th Street and Sycamore Street; thence running southeasterly along the west boundary
of Sycamore Street to the northwesterly comer of the intersection of Sycamore Street and 15t Street;
thence running southwesterly along the north boundary of 1 st Street to the northwesterly comer of
the intersection of 1 st Street and Locust Street; thence running southerly along the west boundary
of Locust Street to the intersection of Locust Street and Division Street; thence running
southwesterly along the north boundary of Division Street to the northeasterly comer of the
intersection of Division Street and Adams Street; thence running northwesterly along the east
boundary of Adams Street to the point of beginning.
~35-63. Duration of Institutional Control Ordinance.
(A) This Article shall remain in full force and effect for an initial term of twenty-five (25)
years from the effective date following approval and adoption by the Mayor and City Council.
(B) The term of this Article may be extended by the Mayor and City Council if at the end
of the initial term there remains groundwater contamination identified in the ROD described in
Section 35-60 making the groundwater unsafe to be used as a source of drinking water pursuant to
the Safe Drinking Water Act or its successor legislation.
(C) In the event the City of Grand Island is notified during the initial term by the
Environmental Protection Agency that groundwater contamination within the Groundwater Control
Area has been reduced to a level making the groundwater safe to be used as a source of drinking
water pursuant to the Safe Drinking Water Act or its successor legislation, the Mayor and City
Council may proceed to repeal this Article forthwith.
Approved as to Form . r-' ~
February 17. 1998 C~.fttorney
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ORDINANCE NO. 8363 (Cont.)
~35-64. Prohibited Groundwater Uses.
(A) Groundwater pumped from wells within the Groundwater Control Area shall not be
used for any human consumption including drinking water, cooking, washing or other household
uses. Because groundwater from wells within the groundwater control area may be contaminated
and present a hazard to the health, safety and welfare of persons exposed to said water, any known
human consumption of groundwater from wells within the Groundwater Control Area is a violation
of this Article and is declared a public nuisance subject to abatement as provided hereafter.
(B) This Article shall not apply to uses of groundwater pumped from wells within the
Groundwater Control Area which do not involve human consumption, including, but not limited to,
non-contact cooling water for industrial, commercial or residential uses and watering of vegetation
other than gardens, plants and trees producing food for human consumption.
~35-65. Well Registration.
(A) All wells for which drilling has commenced or existing within the Groundwater
Control Area as ofthe effective date of this Article shall be registered with the Building Inspection
Department by the person owning the real estate on which the well is located. There shall be no fee
for registering an existing well.
(B) After the effective date of this Article, no person shall drill or install a well within the
Groundwater Control Area prior to applying for and obtaining a well permit from the Building
Inspection Department. There shall be a nonrefundable fee of$50.00 paid to the Building Inspection
Department contemporaneously with making an application for a well permit.
~35-66. Existing Well Registration, Information Required.
The following information shall be submitted to the Building Inspection Department in
connection with registering a well in existence as of the effective date of this Article:
(A) The name and address of the person owning the real estate on which the well is
located.
(B)
(C)
(D) A description of the uses of the water pumped from the well, including specifically
whether such groundwater is used for human consumption including, but not limited to drinking,
cooking, washing, or other household uses.
(E) Whether City water is available to the property currently served by the well.
(F) The depth of the well, if known.
(G) A diagram showing the location of the well.
The address and legal description of the property on which the well is located.
The address of all properties being served by groundwater pumped from the well.
~35-67. New Well Registration, Application for Well Permit.
The following information shall be submitted to the Building Inspection Department in
connection with applying for a well permit for a new well in the Groundwater Control Area:
3
Approved as to Form . ~
February 17. 1998 . CIty Attorney
I
I
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ORDINANCE NO. 8363 (Cont.)
(A) The name and address of the person owning the real estate on which the proposed
well is to be located.
(B) The address and legal description of the property on which the proposed well is to
be located.
(C) The address of all properties to be served by groundwater pumped from the proposed
well.
(D) A description of the uses to be made of water pumped from the proposed well,
including a certification that said groundwater will not be used for human consumption, including
but not limited to drinking, cooking, washing, or other household uses.
(E) Whether City water is available to the property to be served by the proposed well.
(F) The depth of the proposed well.
(G) A diagram showing the location of the proposed well.
~35-68. Violations of Institutional Control Ordinance, Abatement of Public Nuisance.
Whenever the Building Department Director, or his/her designee has inspected any well
within the Groundwater Control Area and determined that groundwater pumped from the well is
being used in violation of this Article, he/she shall send a written notice to the owner of record or
owner's duly authorized agent, or person in possession, charge or control, or to the occupant by
ordinary first-class mail and by certified mail, return receipt requested, notifying the addressee of
the violation. The written notice shall contain the following information:
(A) The street address and a legal description sufficient for identification of the premises
on which the well is located.
(B) A brief and concise description of the acts or circumstances constituting a violation
of this Article.
(C) A brief and concise description of the corrective action required to be taken to render
the well and groundwater uses in compliance with this code.
(D) A brief and concise statement advising the addressee that if the well and groundwater
uses are not brought into compliance with this Article within the time specified, that the Building
Department Director, or his/her designee may order electrical power to the well disconnected and
may request the City Attorney, with the consent of the Mayor, to file an action to abate the public
nuisance and charge the costs thereof against the real estate, the owner of record and the addressee.
~35-69. Procedure for Abatement of Public Nuisance.
If the addressee ofthe written notice described in Section 35-68 fails to abate said nuisance
within the time specified, the City of Grand Island, at the written request of the Building Department
Director, or his/her designee directed to the City Attorney, and with the consent of the Mayor, may
proceed to abate said public nuisance pursuant to Section 20-15 ofthe Grand Island City Code, and
charge the costs thereof against the real estate on which the well is located and the addressee of the
written notice.
Approved as to Form . c;qc
February 17. 1998 City Attorney
4
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I
I
ORDINANCE NO. 8363 (Cont.)
In the event the use of the groundwater in violation of this Article might cause irreparable
harm or poses a threat to public health, safety or welfare, or the health, safety or welfare of the
persons using the groundwater, the written notice to abate pursuant to Section 20-15 shall not be
required as a condition precedent to commencing a legal action to obtain abatement of the nuisance.
The City of Grand Island, with the consent of the Mayor, may immediately file an action requesting
such temporary and permanent orders as are appropriate to expeditiously and permanently abate said
public nuisances and protect the public health, safety or welfare or the health, safety or welfare of
persons using the groundwater in violation of this Article.
SECTION 2. Any ordinances or parts of ordinances in conflict herewith, be, and
hereby are, repealed.
SECTION 3. This ordinance shall be in full force and effect from and after its
passage, approval, and publication, in pamphlet form, within fifteen days, as provided by law.
Enacted: February 16, 1998.
~~
Ken z; Mayor
5
Approved as to Form .
February 17, 1998
I
'This space reserved for Register of Deeds'
ORDINANCE NO. 8364
An ordinance creating Water Main District No. 427T in the City of Grand Island,
I Hall County. Nebraska; defining the boundaries of the district; providing for the laying of a water
main in said district; providing for plans and specifications and securing bids; providing for the
connection fee for connecting to such water main; providing for certification to the Register of
Deeds; and providing the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Water Main District No. 427T in the City of Grand Island,
Nebraska, is hereby created for the laying of a twelve (12) inch diameter water main with its
appurtenances in Adams Street, from Fonner Park Road to Anna Street in Grand Island, Hall
County, Nebraska.
I
SECTION 2. The boundaries of such water main connection district shall be as
follows:
Approved as to Form . "'!JIve:':>
March 6, 1998 . City Attorney
I
ORDINANCE NO. 8364 (Cont)
I
Commencing at the southwest corner of the Southwest Quarter of the Northeast
Quarter (SW 1/4, NE 1/4) Section twenty-one (21), Township Eleven (11) North,
Range Nine (9) West of the 6th PM, Grand Island, Hall County, Nebraska; thence
easterly along the southerly line of said Southwest Quarter of the Northeast Quarter
(SW 1/4, NE 1/4) a distance of four hundred eighty-three and seventy-seven
(483.77) feet to the Actual point of Beginning; thence continuing easterly along the
southerly line of said Northeast Quarter (NE 1/4) a distance of three hundred fifty-
nine (359.0) feet; thence northerly parallel with the easterly right-of-way line of
Adams Street a distance of seven hundred five and three tenths (705.3) feet to a
point of curvature; thence northeasterly along the arc of a curve whose radius is
four hundred sixty-eight and twenty-eight hundredths (468.28) feet (the long chord
of which deflects right 07053' from the last described course) a long chord distance
of one hundred twenty-eight and nine tenths (128.9) feet; thence deflecting left
36001' from the long cord of the last described curve, a distance of seventy-eight
and twelve hundredths (78.12) feet to the southerly right-of-way line of Phoenix
Street; thence northerly to a point on the northerly right-of-way line of Phoenix
Street being one hundred thirty-two (132.0) feet northeasterly of the easterly right-
of-way line of said Adams Street; thence northwesterly parallel to the easterly
right-of-way line of said Adams Street to the southeast corner of Lot Three (3)
Block Fourteen (14) Windolph's Addition to the City of Grand Island; thence
southwesterly along the southerly line of said Block Fourteen (14) and distance of
one hundred thirty-two (132) feet to the easterly right-of-way line of said Adams
Street; thence northwesterly along the easterly right-of-way line of said Adams
Street a distance of two hundred twenty (220.0) feet to the southwest corner of
Block Eleven (11) said Windolph's Addition; thence southwesterly a distance of
eighty (80.0) feet to the southeast corner of Gion Subdivision in the City of Grand
Island; thence southeasterly along the westerly right-of-way line of Adams Street
a distance of three hundred sixty-seven (367.0) feet; thence southwesterly along the
westerly extension of the northerly right-of-way line of Oklahoma Street a distance
of one hundred fifty (150.0) feet; thence southeasterly parallel to the westerly right-
of-way line of said Adams Street to a point of intersection with the westerly
extension of the northerly right-of-way line of Phoenix Street; thence southwesterly
along said westerly extension to a point one hundred fifty (150.0) feet west of the
westerly right-of-way line of said Adams Street; thence southerly parallel to the
westerly right-of-way line of said Adams Street to the point of beginning
SECTION 3. Said improvement shall be made in accordance with plans and
I specifications prepared by the Engineer for the City, who shall estimate the cost thereof. Bids for
."~~
. City Attorney
-2-
Approved as to Fonn
March 6, 1998
I
I
I
ORDINANCE NO. 8364 (Cont)
the construction of said water main shall be taken and contracts entered into in the manner
provided by law.
SECTION 4. The cost of construction of such water main connection district shall
be reported to the City Council, and the Council, sitting as a Board of Equalization, shall
determine benefits to abutting property by reason of such improvement pursuant to Section 16-
6,103, R.R.S. 1943. The special benefits shall not be levied as special assessments but shall be
certified by resolution of the City Council to the Hall County Register of Deeds. A connection
fee in the amount of the special benefit accruing to each property in the district shall be paid to the
City of Grand Island at such time as such property becomes connected to the water main in such
district. No property thus benefitted by water main improvements shall be connected to the water
main until the connection fee is paid. The connection fees collected shall be paid either into the
Water Surplus Fund or into a fund to be designated as the fund for Water Main District No. 427T
for the purpose of creating a sinking fund for the payment of bonds. Payment of the cost of
construction of Water Main District No. 427T may be made by warrants drawn upon the Water
Surplus Fund.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval, and publication, without the plat, within fifteen days in one issue of the Grand
Island Independent.
Enacted March 9, 1998.
- 3 -
Approved as to Form . ~~
March 6, 1998 . City Attorney
I
I
I
ORDINANCE NO. 8364 (Cont)
ATTEST:
- 4-
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Approved as to Fonn
March 6, 1998
. "JiJd
. City Attorney
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WATER M)J.N
DISTRICT 427T
BOUNDARY
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ORDll'lANCE NO. 8364
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I
. THIS SPACE RESERVED FOR REGISTER OF DEEDS.
ORDINANCE NO. 8365
An ordinance creating Sanitary Sewer District No. 487 of the City of Grand Island, Nebraska,
I defining the bonndaries thereof; providing for the laying of sanitlU}' sewer mains in said district;
providing for plans and specifications and securing bids; providing for the assessment of special
taxes for constructing such sewer and collection thereof; and providing for the effective date thereof
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. Sanitary Sewer District No. 487 is hereby created for the construction of a ten
(10) inch sanitary sewer main and appurtenances thereto in a portion of Arch Avenue, from
Johnstown Road to Claude Road in the City of Grand Island, Hall County, Nebraska.
SECTION 2. The boundaries of such sanitary sewer district shall be as follows:
I
Beginning at the northeast corner of Lot One (1), Farrall Subdivision; thence
proceeding south along the east line of Lot One (1), Farrall Subdivision to the
southeast comer of Lot One (1), Farrall Subdivision; thence east a distance of Thirty
Three (33.0) feet to the center of Claude Road; thence south on the centerline of
Approved as to Form , ~
March 6, 1998 . City Attorney
I
ORDINANCE NO. 8365 (Cont)
Claude Road a distance of Sixty (60.0) feet to the extension of the south right-of-way
line of Arch Avenue; thence west a distance of Thirty Three (33.0) feet to the
northeast corner of Lot Fourteen (14), Farrall Subdivision; thence south along the
east line of Lots Fourteen (14), Fifteen (15) and Sixteen (16), Farrall Subdivision to
the southeast corner of Lot Sixteen (16), Farrall Subdivision; thence west along the
south line ofFarrall Subdivision to the southwest corner of Lot Eleven (11) Farrall
Subdivision; thence northwest to the northwest corner of Lot Seven (7) Farrall
Subdivision; thence northeast to the northeast corner of Lot One (1) Farrall
Subdivision being the actual point of beginning; all as shown on the plat dated
February 27, 1998, marked Exhibit A attached hereto and incorporated herein by
reference.
SECTION 3. Said improvement shall be made in accordance with plans and specifications
prepared by the Engineer for the City who shall estimate the cost thereof, and submit the same to the
City Council, and upon approval of the same, bids for the construction of such sanitary sewer shall
I be taken and contracts entered into in the manner provided by law.
SECTION 4. The cost of construction of such improvement shall be assessed against the
property within the district abutting upon the easement or other right-of-way within which such
sanitary sewer main will be constructed within such sewerage district, to the extent of benefits to
such property by reason of such improvement, and a special tax shall be levied at one time to pay
for such cost of construction as soon as can be ascertained, as provided by law; and, provided further,
such special tax and assessments shall constitute a sinking fund for the payment of any bonds with
interest, issued for the purpose of paying the cost of such sewer in such district; such special
assessments shall be paid and collected in a fund to be designated and known as Sewer and Water
Extension Fund, and, out of which all warrants issued for the purpose of paying the cost of sanitary
I
sewer shall be paid.
Approved as to Form . '1-'1/;\ :':J
March 6, 1998 . City Attorney
2
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ORDINANCE NO. 8365 (Cont)
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval and publication, without the plat, as provided by law.
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office
of the Register of Deeds of Hall County, Nebraska.
SECTION 7. After passage, approval, and publication ofthis ordinance without the
plat, notice of the creation of said district shall be published in the Grand Island Independent, a legal
newspaper published and of general circulation in said City, as provided by law.
Enacted March 9, 1998.
~ ~~
=~?~. >yO
Ken Gn at, Mayor
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3
Approved as to Fonn . b~o-
March 6, 1998 . City Attorney
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5
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SANITARY SEWER DIST. 487
GRAND' ISLAND
PUBLIC WORKS DEPARTMENT
DA TE: 2-27-98
DRN BY: P.E.S.
SCALE: 1 "=200'
PLAT TO ACCOMPANY
ORDINANCE NO. 8.365
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ORDINANCE NO. 8366
An ordinance amending the Future Land Use Plan Map for the existing Commercial
Development Zone of a tract of land comprising all of Lot One (1), Super Bowl Subdivision in the
City of Grand Island, Hall County, Nebraska; directing that such amendment be shown on the
Official Zoning Map of the City of Grand Island; amending Official Zoning Map provided by
Section 36-7; and providing for publication and an effective date ofthis ordinance.
WHEREAS, the Regional Planning Commission on March 4, 1998, held a public
hearing and made a recommendation denying the proposed amendment to the Future Land Use Plan
Map for a tract of land comprising all of Lot One (1), Super Bowl Subdivision in the City of Grand
Island, Hall County, Nebraska; and
WHEREAS, notice as required by Neb. Rev. Stat. 919-923, RRS. 1943, has been
given to the Board of Education of School District 2 in Hall County, Nebraska; and
WHEREAS, on March 9, 1998, the applicant requested that the matter be referred
back to the Regional Planning Commission; and
WHEREAS, the Regional Planning Commission on April 1, 1998, recommended
approval of a revised amendment to the Future Land Use Plan Map for such tract of land; and
WHEREAS, after public hearing on April 6, 1998, the City Council found that the
revised amendment will continue the future successful functioning of the commercial redevelopment
of the area, and determined that the amendment should be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
Approved as to Form. cQ5
April 2, 1998 . City Attorney
I
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ORDINANCE NO. 8366 (Cont)
SECTION 1. The existing Future Land Use Plan Map for the CD-Commercial
Development Zone comprising all of Lot One (1), Super Bowl Subdivision in the City of Grand
Island, Hall County, Nebraska be amended to allow the development of four (4) outdoor sand
volleyball courts on a 16,000 square foot area, to include an eight (8.0) foot high perimeter chain link
fence and four evergreen trees (minimum planting height of six (6.0) feet).
SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska,
as established by Section 36-7 of the Grand Island City Code, be, and the same is, hereby ordered
to be changed, amended, and completed in accordance with this ordinance.
SECTION 3. That this ordinance shall be in force and take effect from and after its
passage and publication within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted April 6, 1998.
Ken
~~
Approved as to Form T C;.{j'lJ
April 2. 1998 . City Attorney
- 2 -
I
I
ORDINANCE NO. 8366
An ordinance amending the Future Land Use Plan Map for the existing Commercial
Development Zone of a tract of land comprising all of Lot One (1), Super Bowl Subdivision in the
City of Grand Island, Hall County, Nebraska; directing that such amendment be shown on the
Official Zoning Map of the City of Grand Island; amending Official Zoning Map provided by
Section 36-7; and providing for publication and an effective date of this ordinance.
WHEREAS, the Regional Planning Commission on March 4, 1998, held a public
hearing and made a recommendation approving the proposed amendment to the Future Land Use
Plan Map for a tract ofland comprising all of Lot One (1), Super Bowl Subdivision in the City of
Grand Island, Hall County, Nebraska; and
WHEREAS, notice as required by Neb. Rev. Stat. S 19-923, R.R.S. 1943, has been
given to the Board of Education of School District 2 in Hall County, Nebraska; and
WHEREAS, after public hearing on March 9, 1998, the City Council found that the
amendment will continue the future successful functioning of the commercial redevelopment of the
area, and determined that the amendment should be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. The existing Future Land Use Plan Map for the CD-Commercial
Development Zone comprising all of Lot One (1), Super Bowl Subdivision in the City of Grand
Island, Hall County, Nebraska be amended to allow the development of four (4) outdoor sand
volleyball courts on a 16,000 square foot area, to include an eight (8.0) foot high perimeter chain link
I fence and four evergreen trees (minimum planting height of six (6. 0) feet).
Approved as to Form .,' lu
March 6, 1998 . City Attorney
I
I
I
ORDINANCE NO. 8366 (Cont)
SECTION 2. That the Official Zoning Map ofthe City of Grand Island, Nebraska,
as established by Section 36-7 of the Grand Island City Code, be, and the same is, hereby ordered
to be changed, amended, and completed in accordance with this ordinance.
SECTION 3. That this ordinance shall be in force and take effect from and after its
passage and publication within fifteen days in one issue of the Grand Island Independent as provided
by law.
Enacted March 9, 1998.
Ken Gnadt, Mayor
ATTEST:
Cindy K. Cartwright, City Clerk
This Ordinance was returned to the Regional Planning Commission for
additional consideration.
Approved as to Form . b~6
March 6, 1998 . CIty Attorney
- 2-
I
ORDINANCE NO. 8367
An ordinance rezoning certain tracts of land within the zoning jurisdiction of the
City of Grand Island; changing the land use classification of two tracts of land comprising a part
of the Southeast Quarter (SEtA) of Section Thirty Two (32), Township Twelve (12) North, Range
Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, from AG-
Agricultural Zone to B2-General Business Zone; directing that such zoning change and
classification be shown on the Official Zoning Map of the City of Grand Island; amending the
provisions of Section 36-7; and providing for publication and an effective date of this ordinance.
WHEREAS, the Regional Planning Commission on March 4, 1998, held a public
hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given
I to the Board of Education of School District lR in Hall County, Nebraska; and
WHEREAS after public hearing on March 9, 1998, the City Council found and
determined the change in zoning be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The following two tracts of land are hereby rezoned and reclassified
and changed from AG-Agricultural Zone to B2-General Business Zone:
Tract No.1:
I
The East Half of the Southeast Quarter (Elh SEtA) of Section Thirty Two (32), Township Twelve
(12) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, except that part of the
southeast comer purchased by the State of Nebraska leaving approximately 76 acres in Farmland
except approximately another 5 acres in farm buildings, improvements, including the Belpere
home, leaving a net of approximately 71 acres in actual farmland, leaving fence lines and
roadways around farmland.
Approved as to Form .' I\IV\~
March 6, 1998 . City Attorney
I
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I
ORDINANCE NO. 8367 (Cont)
Tract No.2:
The South Half of the West Half of the Southeast Quarter (S 1h W Ih SE IA) of Section Thirty Two
(32), Township Twelve (12), Range Nine (9) West of the 6th P.M. in Hall County, Nebraska.
SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska,
as established by Section 36-7 of the Grand Island City Code, be, and the same is, hereby ordered
to be changed, amended, and completed in accordance with this ordinance.
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted March 9, 1998.
Ken Gnadt, Mayor
ATTEST:
Cindy K. Cartwright, City Clerk
This Ordinance was not acted on by the City Council.
Approved as to Form . '''i:::h~
March 6, 1998 . City Attorney
- 2 -
I
ORDINANCE NO. 8367
An ordinance rezoning certain tracts of land within the zoning jurisdiction of the
City of Grand Island; changing the land use classification of two tracts of land comprising a part
of the Southeast Quarter (SE%) of Section Thirty Two (32), Township Twelve (12) North, Range
Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, from AG-
Agricultural Zone to B2-General Business Zone; directing that such zoning change and
classification be shown on the Official Zoning Map of the City of Grand Island; amending the
provisions of Section 36-7; and providing for publication and an effective date of this ordinance.
WHEREAS, the Regional Planning Commission on March 4, 1998, held a public
hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given
I to the Board of Education of School District IR in Hall County, Nebraska; and
WHEREAS after public hearing on March 9, 1998, the City Council found and
determined the change in zoning be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The following two tracts of land are hereby rezoned and reclassified
and changed from AG-Agricultural Zone to B2-General Business Zone:
Tract No.1:
I
The East Half of the Southeast Quarter (E1h SE %) of Section Thirty Two (32), Township Twelve
(12) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, except that part of the
southeast comer purchased by the State of Nebraska leaving approximately 76 acres in Farmland
except approximately another 5 acres in farm buildings, improvements, including the Belpere
home, leaving a net of approximately 71 acres in actual farmland, leaving fence lines and
roadways around farmland.
Approved as to Form' ~
April 2. 1998 City Attorney
I
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ORDINANCE NO. 8367 (Cont)
Tract No.2:
The South Half of the West Half of the Southeast Quarter (S Ih W Ih SE ~) of Section Thirty Two
(32), Township Twelve (12), Range Nine (9) West of the 6th P.M. in Hall County, Nebraska.
SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska,
as established by Section 36-7 of the Grand Island City Code, be, and the same is, hereby ordered
to be changed, amended, and completed in accordance with this ordinance.
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted April 6, 1998.
ATTEST:
~K~(sW-
Cindy K. artwnght, CIty Clerk
. /"41.":
Approved as to Form (...q.=
April 2, 1998 City Attorney
- 2-
I
. THIS SPACE RESERVED FOR REGISTER OF DEEDS.
ORDINANCE NO. 8368
I
An ordinance directing and authorizing the conveyance of a tract of land comprising
of Lot Three (3), Block One (1), George Loan's Subdivision, City of Grand Island, Hall County,
Nebraska; providing for the giving of notice of such conveyance and the terms thereof; providing
for the right to file a remonstrance against such conveyance; and providing the effective date
hereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The conveyance to Dan Kunze, of a tract of land comprising of Lot
Three (3), Block One (1), George Loan's Subdivision, City of Grand Island, Hall County,
Nebraska; is hereby authorized and directed.
I
Approved as to Form . ~
March 20, 1998 . City Attorney
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ORDINANCE NO. 8368 (Cont)
SECTION 2. The consideration for such conveyance shall be Six Hundred Seventy
Dollars ($670.00). Conveyance of the real estate above described may be by deed, upon delivery
of the consideration. Such conveyance shall be conditioned upon the construction of a 1,092
square foot, 3-bedroom ranch house with full basement and single car attached garage. A title
insurance policy is not required to be furnished by the City.
SECTION 3. As provided by law, notice of such conveyance and the terms thereof
shall be published for three consecutive weeks in the Grand Island Independent, a newspaper
published for general circulation in the City of Grand Island. Immediately after the passage and
publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and
publish such notice.
SECTION 4. Authority is hereby granted to the electors of the City of Grand
Island to file a remonstrance against the conveyance of such within described real estate; and if
a remonstrance against such conveyance signed by legal electors of the City of Grand Island equal
in number to thirty percent of the electors of the City of Grand Island voting at the last regular
municipal election held in such City be filed with the city council within thirty days of passage and
publication of such ordinance, said property shall not then, nor within one year thereafter, be
conveyed.
SECTION 5. The conveyance of said real estate is hereby authorized, directed, and
confirmed; and if no remonstrance be filed against such conveyance, the Mayor and City Clerk
shall make, execute, and deliver to Dan Kunze, a deed for said real estate, and the execution of
such deed is hereby authorized without further action on behalf of the City Council.
. /'&)/
Approved as to Form ~
March 20, 1998 . City Attorney
2
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ORDINANCE NO. 8368 (Cont)
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication within fifteen days in one issue of the Grand Island Independent, as
provided by law.
Enacted March 23, 1998.
Ken~~y;<Z
ATTEST:
right, City CI
3
Approved as to Form .
March 20, 1998
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ORDINANCE NO. 8369
An ordinance to amend Chapter 29 of the Grand Island City Code pertaining to
Restaurants; to repeal Sections 29-1, 29-2, 29-2.1, 29-3, 29-4, 29-5, and 29-6 as now existing; 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. Chapter 29 of the Grand Island City Code is hereby amended to read
as follows:
CHAPTER 29
RESTAURANTS AND FOOD SERVICE
~29-1. Nebraska Pure Food Act Enforcement
The Grand Island-Hall County Department of Health shall enforce the Nebraska Pure Food
Act, together with any amendments thereto as may be made from time to time, in the inspection of
food service establishments, the issuance, suspension and revocation of permits to operate food
service establishments, the collection of fees for food service establishment permits, and the
prohibiting ofthe sale of unsound or mislabeled food or drink. One copy of the Nebraska Pure Food
Act, and all supplements or amendments thereto shall be filed in the office of the city clerk as
provided by law.
~29-2. Definitions
As used in this chapter, the following terms shall have the following meanings:
Bake Sale. The act of selling or offering for sale food items which are prepackaged, pre-
wrapped, non-potentially hazardous foods.
Caterer. A person who transports ready to eat food from a permitted food service
establishment to another location or building for service on a per event basis for hire, and does not
include a temporary food service event.
Commissary. A food establishment where food, food containers, or food supplies are kept,
handled, prepared, packaged, or stored for use in mobile food units, pushcarts, or vending machines.
Convenience Store. A food establishment or section of an establishment where the food
offered to the consumer is intended for off-premise consumption and there are no meat processing
or produce processing areas.
Food Establishment. Shall mean an operation that stores, prepares, packages, serves, sells,
vends, or otherwise provides food for human consumption. The term does not include:
Approved as to Form . t:::f!!'C
March 24, 1998 City Attorney
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ORDINANCE NO. 8369 (Cont.)
(1) An establishment that offers only prepackaged foods that are not potentially
hazardous;
(2) A produce stand that only offers whole, uncut fresh fruits and vegetables;
(3) A food processing plant;
(4) A salvage establishment;
(5) A private home where food is prepared or served for personal use, a small day
care in the home, or a hunting lodge, guest ranch or other operation where no more than ten
paying guests eat meals in the home;
(6) A private home or other area where food that is not potentially hazardous is
prepared for sale or service at a religious, charitable, or fraternal organization's bake sale or
similar function;
(7) The location where food prepared by a caterer is served so long as the caterer
only minimally handles the food at the serving location; and
(8) Educational institutions, health care facilities, nursing homes, and governmental
organizations which are inspected by a state agency or a political subdivision other than the
regulatory authority for sanitation in the food preparation areas.
Food Processing Plant. A commercial operation that manufactures, packages, labels, or
stores food for human consumption and does not provide food directly to the consumer.
Licensed Beverage Establishment. An establishment that serves alcoholic beverages and may
or may not provide limited food service, e.g. frozen prepackaged sandwiches, frozen pizza, hot dogs,
popcorn. Any item not requiring preparation on site.
Limited Food Service Establishment. An establishment that serves or otherwise provides
only snack items or commercially prepared and wrapped foods that require little or no preparation.
Mobile Food Unit or Pushcart. A vehicle mounted food establishment designed to be readily
movable that returns to a commissary daily for clean up and service.
Retail Food Store. Any store, location or place of business occupied or used for the sale at
retail to the public of groceries, fruits, vegetables, materials for human consumption or articles
ordinarily and commonly sold from a grocery, fruit or vegetable store or stand not coming within
the definition ofthe term "restaurant," the term "milk," the term "frozen dessert," or the term "meat."
Seasonal Food Service. The act of selling or offering for sale food items on a seasonal basis,
generally from May 1 through October 31, at a concession stand, hot dog stand, ice cream truck, etc.
Separate Facility: Additional facility types operating within the scope of a permitted
establishment.
Temporary Food Establishment. A food establishment that operates for a period of no more
than fourteen (14) consecutive days in conjunction with a single event or celebration.
~29-3. Inconsistencies
If there is an inconsistency between the Nebraska Pure Food Act and this chapter, the
requirements of this chapter shall control except where pre-empted.
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Approved as to Form . {}a'("
March 24. 1998 . City Attorney
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ORDINANCE NO. 8369 (Cont.)
~29-4. Permit; Required
It shall be unlawful for any person to operate a food establishment without first having
obtained a permit from the Grand Island-Hall County Health Department. More than one type of
permit may be required in one establishment. Permits are issued based on the type of operations
conducted within an establishment.
~29-5. Annual Permits; Types; When Issued; Term
(A) The following permits shall be issued on an annual basis on May 1 of each year and shall
be valid until April 30, regardless of when issued:
Food and Drink Service Permit
Separate Facility Permit
Licensed Beverage Establishment (Drink Only) Permit
Limited Food Permit
Bakery Permit
Mobile Food Unit/Pushcart Permit
Catering Permit
(B) The following permits shall be issued on an annual basis on October 1 of each year and
shall expire on the following September 30, regardless of when issued:
Food Manufacturing/Warehouse/Storage Permit
Retail Food Permit
Application for all permits shall be made prior to the operation of any food establishment. Permits
shall be non-transferable.
~29-6. Temporary Permit; Types; When Issued; Term
The following permits shall be issued on a temporary basis pursuant to this chapter and shall
be issued for the day or days specified in the application upon payment of the applicable permit fee.
Temporary Food Service Permit
Bake Sale Permit
Seasonal Food Permit
~29-7. Inspections
All food establishments must be inspected by an authorized representative of the Grand
Island-Hall County Health Department, or its designated representative, prior to obtaining a permit
pursuant to this chapter. Inspections of food establishments thereafter shall be conducted bi-
annually.
~29-8. Fees
(A) Except as otherwise provided by ~29-9, any person applying for an annual permit under
the provisions of this chapter shall annually pay a permit fee as follows:
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Approved as to Form .
March 24. 1998
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ORDINANCE NO. 8369 (Cont.)
(1) Food and Drink Service Permit: All establishments with a seating capacity from
one seat to twenty-five (25) seats shall pay an initial fee of$85.00; those establishments with
more than twenty-five (25) seats shall pay an additional 75 cents per year for each unit of
seating capacity in excess oftwenty-five (25) seats.
(2) Licensed Beverage Establishment (Drink Only) Permit Fee: $85.00
(3) Separate Facility (Food &/or Drink) Permit Fee: $35.00
(4) Retail Food Permit Fee: $35.00 per checkout device
(5) Food Manufacturing/Warehouse/Storage Permit Fee: $75.00
(6) Bakery Permit Fee: $60.00. If the establishment has customer seating and sells
product onsite, a Food & Drink permit is also required.
(7) Limited Food Permit Fee: $30.00
(8) Catering Permit Fee: $65.00
(9) Food Vending Permit Fee: $75.00 + $ 1. 0 O/machine in excess often machines
(10) Mobile Food Unit/Pushcart Permit Fee: $65.00
(B) Any person applying for the following permits under the provisions of this chapter shall
pay a permit fee as follows:
(1) Temporary Food Service Permit: $20.00
(2) Seasonal Food Permit Fee: $40.00
~29-9. Proration of Permit Fee
Any applicant applying for an annual permit after November 1 of the license year under the
provisions of Section 29-5(A) of this chapter, or after April 1 ofthe license year under the provisions
of Section 29-5(B) ofthis chapter shall be required to pay only one-half ofthe applicable annual fee.
~29-1O. Fees; To Whom Paid
All permit fees paid pursuant to the provisions of this chapter shall be paid to the Grand
Island-Hall County Health Department.
~29-11. Delinquent Permit Fee
Renewal of the annual permits identified in this chapter shall be made prior to the expiration
of the current permit. Permit fees for annual renewals shall be delinquent if the payment has not
been received by the Grand Island-Hall County Health Department by May 15 for the permits
identified in Section 29-5(A), and by October 15 for those permits identified in Section 29-5(B).
Establishments shall be assessed a delinquent food permit fee of$50.00 if the permits are not paid
by these dates.
~29-12. Penalty Fee
A fee of$50.00 will be assessed for operating a food service establishment without a permit,
and each day of operation shall be considered a separate offense.
Approved as to Form .
March 24, 1998
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ORDINANCE NO. 8369 (Cont.)
~29-13. Reinstatement Fee
Any person whose permit shall be temporarily suspended under any provision of this chapter
shall pay a reinstatement fee of$75.00 before such permit is reinstated. Reinstatement shall not be
effective until such reinstatement fee has been paid.
~29-14. Reserved
~29-15. Reserved
~29-16. Reserved
~29-17. Building Plans
A copy of all building plans for new construction and/or remodeling projects for any food
establishment covered by Chapter 29 of the Grand Island City Code shall be submitted to the Grand
Island-Hall County Health Department prior to the commencement of such work.
~29-18. Homestyle Equipment Prohibited
Commencing May 1, 1998, or in the case of existing restaurants, at the time of a transfer of
ownership, the replacement or acquisition of equipment, or the commencement of any remodeling
project requiring the permit holder or its landlord to obtain a building permit, commercial equipment
will be recommended for use in food service establishments. It is recommended that all equipment
be designed for commercial use, and approved by the National Sanitation Foundation (NSF), or its
equivalent.
~29-19. Catering Operations
All catering operations must be conducted from commercially licensed facilities. Catering
from private residences or dwelling units is prohibited unless the catering operation is conducted in
a separate and distinct location from the normal living quarters of a residential dwelling.
SECTION 2. Sections 29-1, 29-2, 29-2.1, 29-3, 29-4, 29-5, and 29-6 of the Grand
Island City Code as heretofore existing, and any ordinances or parts of ordinances in conflict
herewith, be, and hereby are, repealed.
SECTION 3. This ordinance shall be in full force and effect from and after its
passage, approval, and publication, in pamphlet form, within fifteen days, as provided by law.
Approved as to Form . ~
March 24, 1998 lty Attorney
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ORDINANCE NO. 8369 (Cont.)
Enacted: March 23, 1998.
ATTEST:
Ken%~
~\
Approved as to Form . CJ;fZJ"
March 24, 1998 . City Attorney
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ORDINANCE NO. 8370
An ordinance to amend Chapter 22 of the Grand Island City Code; to amend Sections
22-1, 22-92, 22-103, and 22-104 pertaining to truck parking; to repeal Sections 22-1, 22-92, 22-103,
and 22-104 as now existing; 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. Section 22-1 of the Grand Island City Code be and hereby is amended
to read as follows:
~22-1. Definitions
For the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Alley shall mean a street intended to provide access to the rear or side of lots or
buildings and not intended for the purpose of through vehicular traffic.
Alley entrance shall mean the extension of the alley from the property line to the
street curb line.
Arterial street shall mean any street designated by the city council as part of a major
arterial system of streets.
Authorized emergency vehicle shall mean vehicles of the Fire Department, the
Police Department, or ambulance owned by public or privately-owned ambulance services.
Automatic traffic signals shall mean any device electrically or mechanically
controlled by which traffic is alternately directed to stop and proceed.
Bicycle shall mean every device propelled solely by human power, upon which any
person may ride, and having two or more wheels, either of which is more than fourteen
inches in diameter.
Bus shall mean every motor vehicle designed for carrying more than ten passengers
and used for the transportation of persons, and every motor vehicle other than a taxicab
designed and used for the transportation of persons for compensation.
Congested district shall include that portion of the City within the following
bounds:
South Front Street from Oak Street to Walnut Street;
Third Street from the Chicago, Burlington & Quincy Railroad Company
right-of-way to Eddy Street;
Second Street from the Chicago, Burlington & Quincy Railroad Company
right-of-way to Elm Street;
First Street from Sycamore Street to Cedar Street;
Fourth Street from Eddy Street east to Sycamore Street;
. /,,.,.-
Approved as to Form ~
March 24, 1998 . City Attorney
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ORDINANCE NO. 8370 (Cont.)
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Oak Street from Second Street to Fourth Street;
Kimball A venue from Second Street to South Front Street;
Sycamore Street from First Street to Fourth Street;
Pine Street from Court Street to Sixth Street;
Locust Street from South Front Street to Charles Street;
Wheeler Avenue from South Front Street to Koenig Street;
Walnut Street from First Street to Fifth Street;
Cedar Street from First Street to South Front Street;
Elm Street from Second Street to Fourth Street;
Cleburn Street from Second Street to Fourth Street; and
Eddy Street from Second Street to Fourth Street.
Crosswalk shall mean:
(a) that part of a roadway at an intersection included within the connections
of the lateral lines of the sidewalk on opposite sides of the street measured from the
curbs, or in the absence of curbs from the edge of the roadway;
(b) any portion of a roadway at an intersection or elsewhere distinctly
designated for pedestrian crossing by lines, signs, or other devices.
Curb shall mean the lateral boundaries of that portion of a street designed for the
use of vehicles, whether marked by curb stones or not so marked.
Driver or operator shall mean any person who drives or is in actual physical control
of a vehicle.
Intersection or street intersection shall mean the area embraced within the
prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary
lines of the roadways of two or more highways which join one another at, or
approximately at, right angles, or the area which vehicles traveling upon different
highways joining at any other angle may come in conflict. Where a highway includes two
roadways 30 feet or more apart, then every crossing of each roadway of such divided
highway by an intersecting highway shall be regarded as a separate intersection. In the
event such intersecting highway also includes two roadways 30 feet or more apart, then
every crossing of two roadways of such highways shall be regarded as a separate
intersection. The junction of any alley with a street shall not constitute an intersection.
Median shall mean that part of a divided street or highway, such as a physical
barrier or clearly indicated dividing section or space, so constructed as to impede vehicular
traffic across or within such barrier, section, or space, or to divide such highway or street
into two roadways for vehicular travel in opposite directions.
Moped shall mean a bicycle with fully operative pedals for propulsion by human
power, an automatic transmission and a motor with a cylinder capacity not exceeding fifty
cubic centimeters which produces no more than two brake horsepower and is capable of
propelling the bicycle at a maximum design speed of no more than thirty (30) miles per
hour.
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Approved as to Form . /E...
March 24, 1998 d!;Attorney
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ORDINANCE NO. 8370 (Cont.)
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Motorcycle shall mean every motor vehicle having a seat or saddle for the use of
the rider and designed to travel on not more than three wheels in contact with the ground,
but excluding a tractor.
Motor Vehicle shall mean every self-propelled land vehicle, not operated on rails,
except mopeds or self-propelled invalid chairs.
Official Traffic Signals shall mean all signals not inconsistent with this chapter,
placed or erected by authority of the city councilor official having authority for the
purpose of directing, warning, or regulating traffic.
One- Way Street shall mean a street designated as such by the city council upon
which vehicle traffic shall move in one direction.
Owner shall mean a person, other than a lienholder, having the property in or title
to a vehicle. The term includes a person entitled to the use and possession of a vehicle
subject to a security interest in another person, but excludes a lessee under a lease not
intended as security.
Park or Parking shall mean the standing of a vehicle, whether occupied or not,
upon a street or alley, otherwise than in obedience to traffic regulations or a traffic control
device.
Pedestrian shall mean any person afoot.
Person shall mean every natural person, firm, partnership, association, or
corporation.
Police Officer or Traffic Officer shall mean every officer of the Grand Island Police
Department, or any officer authorized to direct or regulate traffic or make arrests for the
violation of traffic regulations.
Private Road or Driveway shall mean every way or place in private ownership and
for vehicular travel by the owner or those having express or implied permission from the
owner but not by other persons.
Right-of- Way shall mean the privilege of the immediate use of the street.
Safety Zone shall mean the area or space officially set apart within a street for the
exclusive use of pedestrians, and which is protected or is so marked or indicated by
adequate signs as to be plainly visible at all times while set apart as a safety zone.
Sidewalk shall mean that portion of the sidewalk space intended for use by
pedestrians or any pathway or route intended for use by pedestrians.
Sidewalk Space shall mean that portion of a street between the curb lines and the
adjacent property lines.
Stop, when required, shall mean complete cessation of movement.
Street or Highway shall mean the entire width between the boundary limits of any
street, road, avenue, boulevard or way which is publicly maintained when any part thereof
is open to the use of the public for purposes of vehicular travel.
Traffic shall mean pedestrians, ridden or herded animals, and vehicles and other
conveyances, either singly or together, while using any street or highway for purposes of
travel.
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Approved as to Form. ~
March 24, 1998 . City Attorney
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ORDINANCE NO. 8370 (Cant.)
Traffic Control Device shall mean any sign, signal, marking or other device placed
or erected by authority of the City of Grand Island, the County of Hall, the State of
Nebraska, or the United States of America for the purpose of regulating, warning, or
guiding traffic.
Traffic Lane shall mean that portion of a street designated by the city council as a
path, track, or passageway within which vehicular traffic shall move.
Trailer shall mean any vehicle with or without motive power designed for carrying
persons or property and for being drawn by a motor vehicle.
Truck shall mean any motor vehicle designed, used, or maintained primarily for the
transportation of property, and shall specifically include truck-tractors, with or without
trailers, which are licensed for a GVW of six tons or more.
Vehicle shall mean every device in, upon, or by which any person or property is
or may be transported or drawn upon a highway, excepting devices moved solely by
human power or used exclusively upon stationary rails or tracks.
Viaduct shall mean a bridge-like structure carrying highway or street over another
highway or street or over railroad tracks.
All words and phrases not defined herein shall have ascribed to them the definition set forth
in Chapter 39, Article 6, Revised Statutes of Nebraska, as amended.
SECTION 2. Section 22-92 of the Grand Island City Code be and hereby is amended
to read as follows:
~22-92. Parking Trucks in Residential Districts
It shall be unlawful for any person to park a truck or trailer, except a truck or trailer being
used for the purpose of delivering or collecting goods, wares, merchandise or materials, on any
street adjacent to property zoned as a residential property pursuant to Chapter 36 of this code or
on any street designated as a snow emergency route street for a period of time longer than is
necessary for the expeditious delivery or collecting of goods, wares, merchandise or materials,
and in no event for a period of time exceeding two hours; provided, that the provisions of this
section shall not apply to trucks or trailers being used in connection with building, repair, service,
or moving operations.
Approved as to Form . Caz:-
March 24, 1998 . City Attorney
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ORDINANCE NO. 8370 (Cont.)
SECTION 3. Section 22-103 of the Grand Island City Code be and hereby is
amended to read as follows:
~22-103. Parking Fines
1. If the police tag referred to in ~22-1 02 is attached because of unlawful parking in a
loading zone, obstructing traffic, parking too close to an intersection or fire hydrant, or obstructing
private driveways, violations of ~22-82, ~22-83, ~22-86, ~22-87, or ~22-88 of the Grand Island City
Code, respectively, the violator shall pay a fine of five dollars ($5.00) for each violation.
2. Violators of ~22-92 shall pay a fine often dollars ($10.00) for each violation.
3. Violators shall pay a fine of three dollars ($3.00) for all other parking violations of this
chapter.
4. Fines must be paid at the Police Department.
SECTION 4. Section 22-104 of the Grand Island City Code be and hereby is
amended to read as follows:
~22-104. Appearance In Response to Police Tag
Persons receiving police tags for violations of this article or Article XII of this chapter shall
have five days from the date on which the official tag was attached to the offending motor vehicle
to report to the police department with said official police tag and pay the amounts set out in
~22-1 03. All persons failing to report to the police department with such official police tag within
five days shall pay a fine of ten dollars ($10.00) for violations of ~22-103 (1), twenty dollars
($20.00) for violations of ~22-103(2), and six dollars ($6.00) for violations of ~22-103(3).
Further, said persons shall also be in violation of the provisions of this Code and subject to the
penalties provided herein.
SECTION 5. Sections 22-1, 22-92, 22-103, and 22-104 of the Grand Island City
Code as heretofore existing, and any ordinances or parts of ordinances in conflict herewith, be, and
hereby are, repealed.
SECTION 6. This ordinance shall be in full force and effect from and after its
passage, approval, and publication, in pamphlet form, within fifteen days, as provided by law.
Approved as to Form. Ct:;j?::
March 24, 1998 . City Attorney
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ORDINANCE NO. 8370 (Cont.)
Enacted: March 23, 1998.
Approved as to Form T ~
March 24, 1998 . City Attorney
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. THIS SPACE RESERVED FOR REGISTER OF DEEDS.
ORDINANCE NO. 8371
An ordinance to vacate a portion of the east/west alley located generally east of
I Custer Avenue and between Vandergrift Avenue and Fifteenth Street; to provide for filing this
ordinance in the office of the Register of Deeds of Hall County; and to provide the effective date
of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That the portion of the east/west alley located generally east of Custer
A venue and between Vandergrift A venue and Fifteenth Street, more particularly described as
follows:
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Beginning at the southeast corner of Lot One (1), Block Three (3), Cunningham
Subdivision; thence south on a prolongation of the east line of Lot One (1), Block
Three (3), Cunningham Subdivision for a distance of Twelve (12.0) feet to the
northeast corner of Lot Sixteen (16), Block Three (3), Cunningham Subdivision;
thence west on the north line of Lots Nine (9), Ten (10), Eleven (11), Twelve (12),
Thirteen (13), Fourteen (14), Fifteen (15), and Sixteen (16), Block Three (3),
Approved as to Form . ~
March 20, 1998 . City Attorney
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ORDINANCE NO. 8371 (Cont.)
Cunningham Subdivision to the northwest comer of Lot Nine (9), Block Three (3),
Cunningham Subdivision; thence north on a prolongation of the west line of Lot
Nine (9), Block Three (3), Cunningham Subdivision, for a distance of Twelve
(12.0) feet to the southwest comer of Lot Eight (8), Block Three (3), Cunningham
Subdivision; thence east on the south line of Lots One (1), Two (2), Three (3),
Four (4), Five (5), Six (6), Seven (7), and Eight (8), Block Three (3), Cunningham
Subdivision to the Point of Beginning, as shown on the plat dated March 20, 1998
attached hereto as Exhibit "A" and incorporated herein by reference,
be, and hereby is, vacated, provided and conditioned, that the City of Grand Island hereby
reserves all of such alley for sewer, water, electric, storm drainage, gas, and other public utilities
easements and all rights and appurtenances thereto.
SECTION 2. The title to the alley vacated by Section 1 of this ordinance shall
revert to the owner or owners of the real estate abutting the same in proportion to the respective
I ownership of such real estate.
SECTION 3. This ordinance is directed to be filed in the office of the Register of
Deeds of Hall County, Nebraska.
SECTION 4. This ordinance shall be in force and take effect from and after its
passage, approval, and publication, without the plat, within fifteen days in one issue of the Grand
Island Independent as provided by law.
Enacted ~MA aJ,ICfH
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EXHIBIT"A"
V / / ~ ALLEY AREA TO BE VACATED
CITY OF GRAND ISLAND , NEBR.
ENGINEERING DEPARTMENT
I PLAT TO ACCOMPANY ORDINANCE
NO. 8371
I SCALE 1"=100' L.D.C. 3/20/98\
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ORDINANCE NO. S372
An ordinance to amend Chapter 33 ofthe Grand Island City Code; to amend Sections
33-1,33-8,33-10,33-12,33-14,33-15, and 33-19 pertaining to subdivision regulations; to repeal
Sections 33-1, 33-8, 33-10, 33-12, 33-14, 33-15, and 33-19 as now existing; 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. Section 33-1 ofthe Grand Island City Code be and hereby is amended
to read as follows:
~33-1. Definitions
Alley: A tract of land, dedicated to public use, which affords a secondary means of
vehicular access to the back or the side of properties otherwise abutting on a street.
Block: A tract of land which has been designated as such on a plat for description
purposes.
City Council, City Administrator, Mayor, Director of Utilities Operations, Public Works
Director, Planning Commission, Director of Planning, City Treasurer, City Clerk: The respective
official or officials of, or empowered to act for, the City of Grand Island, Nebraska.
Comprehensive Development Plan: The plan or series of plans for the future development
of the City recommended by the Planning Commission and adopted by the City Council.
Cul-de-sac: A street having one end open to traffic and being terminated by a vehicular
turn-around.
Easement: A grant by the property owner to the public, a corporation, or persons of the
use of a tract of land for a specific purpose or purposes.
Grading Plan: A drawing of a proposed subdivision with plans and specifications for
grading which is intended to represent the layout which will be approved for construction by the
Planning Commission and the City Council.
Improvements: Changes and additions to land necessary to prepare it for building sites,
and including street paving and curbing, grading, survey, monuments, drainage ways, sewers, fire
hydrants, water mains, sidewalks, pedestrian ways, and other public works and appurtenances.
Landscaped: Landscaping improvements which include but are not limited to screen
plantings, lawn area, pools, trees, shrubs, fences, and walls. Crushed rock, gravel, bark chips,
etc., shall not substitute for lawn area. Landscaping shall be provided within two years of
issuance of occupancy permit for the principal structure on each lot, and thereafter be properly
maintained.
Approved as to Form . ~
May 19, 1998 . City Attorney
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ORDINANCE NO. 8372 (Cont.)
Lot: A tract of land which is a portion of a subdivision, or other parcel of land, intended
as a unit for transfer of ownership or for development.
Owner: Individual, firm, association, syndicate, or corporation having sufficient
proprietary interest in the land sought to be subdivided to commence and maintain such
proceedings.
Pedestrian Way: A tract of land dedicated to public use, which cuts across a block to
facilitate pedestrian access to adjoining streets or properties.
Plat, Final: A map drawn to scale from an accurate survey and including items set forth
herein, along with all certificates and statements set forth herein for the purpose of recording as
a subdivision of land.
Preliminary Study: A drawing of a proposed subdivision to be approved by the Planning
Commission and City Council before proceeding with a final plat.
Replat, Resubdivision: A plat representing land which has previously been included in a
recorded plat.
Street: A tract of land, dedicated to public use, which affords a primary means of access
to the abutting property.
Street, Arterial: A street of considerable continuity connecting various sections of the City,
designated as an arterial street on the official street plan of the City.
Street, Collector: A street which carries traffic from a local street to an arterial street or
regional arterial street designated as a collector street on the official street plan of the City.
Street, Local: A street which is used primarily for access to the abutting properties.
Street, Frontage: A street which is approximately parallel to and adjacent to or part of a
controlled access street and provides access to the abutting properties on one side only and
protection from through traffic.
Subdivider or Developer: Any person, partnership, group, corporation, or other entity
acting as a unit, or any agent thereof, dividing land so as to constitUte a subdivision as defined
herein.
Subdivision: The division of a lot, tract, or parcel of land into two or more parts for the
purpose, whether immediate or future, of transfer of ownership or building development.
Water Course, Drainage Way, Channel or Stream: A current of water usually flowing in
a definite channel, having a bed and side or banks, and discharging itself into some other stream
or body of water.
SECTION 2. Section 33-8 ofthe Grand Island City Code be and hereby is amended
to read as follows:
2
Approved as to Form . ~
May 19, 1998 City Attorney
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ORDINANCE NO. 8372 (Cont.)
~33-8. Final Plat
1. The subdivider shall prepare and file with the Planning Commission twenty-two
(22) copies of the proposed final plat at least fifteen days prior to the date of the
next regular Planning Commission meeting at which approval of the final plat is
requested.
2. At the time of filing of the fmal plat with the Planning Commission the subdivider
shall pay to the city treasurer a filing fee, as provided by a fee schedule approved
by the City Council, which shall not be refundable unless such final plat is
withdrawn by the subdivider prior to consideration by the Planning Commission.
3.
The director of Planning shall, within five days from the date of filing, transmit a
copy of the proposed final plat to the Board of Education of the school district or
districts involved, the public works director, the director of utilities operations, and
any other department or agency that may be affected by the plat and as the
Commission may designate. Such department or agency except said Board of
Education shall have five days to review the referred final plat and report back to
the director of Planning any requirements or recommendations pertinent to
approval of the final plat. The director of Planning shall examine the final plat as
to compliance with laws and ordinances of the master plan; other official plans and
good planning principles and compliance with the approved preliminary study if
submitted; analyze the recommendations submitted by other departments and
agencies; coordinate these recommendations and submit his recommendation to the
Planning Commission at the next regular meeting.
4. The Planning Commission shall review the recommendation of the director of
Planning and either approve or disapprove the final plat. If the Planning
Commission finds that the final plat has been prepared in compliance with these
regulations and in substantial conformance with the approval preliminary study,
such plat shall be approved. In the event of disapproval, specific points of variance
with aforesaid requirements shall be a part of the Planning Commission's
recommendation. The Planning Commission shall within two (2) days of the
meeting transmit its recommendation, along with a copy of the fmal plat, to the city
council. A copy of the recommendation shall be sent to the subdivider, and one
copy shall be retained in the permanent files of the Planning Commission.
5.
The city council shall consider and act upon the Planning Commission's
recommendation and shall approve or disapprove the final plat. If it finds that the
final plat has been prepared in compliance with these regulations and in substantial
conformance with the approved preliminary study, such plat shall be approved. In
the event of disapproval, specific points of variance with aforesaid requirements
3
Approved as to Form .
May 19, 1998
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ORDINANCE NO. 8372 (Cont.)
shall be a part of the official record. Upon approval of the final plat, the
subdivider shall, within twelve months, furnish the following departments the data
as shown or such approval shall become null and void:
a. Register of Deeds
i. Approved final plat
ii. Protective covenants, restrictions and conditions, if any.
iii. Approved drainage plan.
b. City Clerk
i. Print of approved plat.
11. Approved subdivision agreement.
111. Print of approved drainage plan.
c. Public Works Director
i. Reproducible of approved final plat.
11. Reproducible of approved drainage plan.
111. Copy of approved erosion control plan unless the subdivision
contains less than five acres in size.
6.
The fmal plat shall be in permanent black lettering and lines on high grade linen or
mylar which is reproducible with dimensions of 18 inches by 24 inches. The
minimum acceptable scale shall be 100 feet to the inch. In the event that the entire
plat cannot be one sheet, it shall be submitted in two or more sheets of the same
dimensions along with an index sheet showing the entire development at a smaller
scale. All final plats shall portray the following information.
a. Name of subdivision, north arrow, scale, date, and names of subdivider,
owner, and land surveyor.
b. Legal description of the property, including location of boundary lines in
relation to section, township, range, county, and state. The perimeter of
the subdivision shall be clearly and distinctly indicated.
c. The lines of all streets and alleys and other lands to be dedicated with their
widths and names.
d.
All lot lines and dimensions and numbering of lots and blocks according to
a uniform system.
4
Approved as to Form .
May 19, 1998
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ORDINANCE NO. 8372 (Cont.)
e.
Location, use, and width of all easements for public use, drainage, services,
and utilities.
f. All dimensions in feet and decimals of feet, both linear and angular, interior
angles, length of radii and/or arcs of all curves, with all other information
necessary to reproduce the plat on the ground.
g. The perimeter and blocks of the plat shall have a closure to an allowable
unadjusted error of 1 to 7500. Latitudes and departure computations shall
be submitted.
h. The location and description of all permanent monuments In the
subdivision.
1. The description, location, and elevation of all benchmarks.
J. Names in dotted lettering of adjacent plats with the location and widths of
adjoining streets shown by dashed lines.
I
k.
Certificate, seal, and signature of land surveyor.
1. Notarized certificate and signature of all parties having title interest in the
land being subdivided consenting to dedication and recording of the final
plat as submitted.
m. Certificates to be signed by the chairman of the Planning Commission,
mayor, and city clerk.
n. All areas not a part of the plat due to other ownerships shall be clearly
shown as "Not a Part."
o. The following supplementary engineering data and plans:
1. Paving design, including alignment, grades, and a typical
cross-section.
ii. Public sidewalks design and location.
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111.
Location of telephone, electric, and CATV facilities, if
underground.
Approved as to Form .
May 19. 1998
5
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ORDINANCE NO. 8372 (Cant.)
iv.
Location, grade, and size of existing and proposed storm drainage
facilities, sanitary sewers, water mains, and gas mains within the
proposed subdivision.
v. Location and outline to scale of each existing building or structure
which is not to be removed in the final development.
VI. Final approved drainage plan including the location, grade, and
direction of flow of easements, and showing the proposed general
locations of individual water supply and sanitary sewer systems on
each lot, if applicable.
vii. An approved erosion control plan to prevent wind and water erosion
during any activity that will remove natural surface cover from
within the subdivision boundary. This plan shall not be required for
any subdivision containing less than five acres in size unless such
subdivision is a phase of a larger development of five acres or more.
viii. Final approved drainage plans shall be required with the submission
of all final plats. A drainage plan may be submitted with the paving
and storm water plans, but the paving plan will not be signed off until
the drainage plan is approved by the Director of Public Works and
proof of its filing at the Register of Deeds office is submitted to the
Director of Public Works.
SECTION 3. Section 33-10 of the Grand Island City Code be and hereby is amended
to read as follows:
~33-10. Engineering Data
The subdivision agreement shall require that all final engineering plans and specifications
for public improvements bear the signature and seal of a registered professional engineer and shall
be furnished by the subdivider to the Department of Public Works for approval prior to contracting
for construction of any improvements.
SECTION 4. Section 33-12 ofthe Grand Island City Code be and hereby is amended
to read as follows:
6
Approved as to Form .
May 19, 1998 . City ttorney
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ORDINANCE NO. 8372 (Cont.)
~33-12.
1.
Streets and Alleys
The arrangement of streets shall conform as nearly as possible to the street plan of
the General Development Plan with provisions for the extension of arterial and
collector streets. Streets in the subdivision, normally shall connect with streets
already dedicated in adjoining or adjacent subdivisions, and provisions may be
required for future connections to adjoining unsubdivided tracts.
2. Local streets should be so planned as to discourage through traffic. Cul-de-sacs
should normally not be longer than five hundred feet and shall terminate with
right-of-way turn-around having a diameter of not less than one hundred feet, and
an outside curb diameter of not less than eighty feet for residential areas.
Cul-de-sacs within industrial or commercial areas shall have a right-of-way
diameter of not less than 120 feet and an outside curb diameter of not less than 100
feet.
3. Whenever a proposed subdivision is adjacent to or contains a portion of an existing
or proposed federal or state highway, provision in such subdivision shall be made
for one of the following methods of development:
a.
If the highway is either a non-access or controlled access thoroughfare, one
of the following two methods of development shall be required:
i. A frontage street adjacent and parallel to such thoroughfare shall be
provided; or
11. Lots shall back or side to such thoroughfare and have access to
another street. Lots in commercial or industrial zoning districts
shall have a landscaped area averaging thirty feet in width, or other
approved landscaping, adjacent to such thoroughfare, and outside
storage of unassembled or unfinished materials or products and
inoperable equipment or motor vehicles shall be suitably screened
by a sightobscuring fence, foliage, or other screening material.
Lots in residential zoning districts shall have a sight-obscuring
fence, foliage, or other screening material adjacent to such
thoroughfare. The sight-obscuring fence shall not be metal strips or
slats in a chain link fence.
b.
If the highway is not a non-access or controlled access thoroughfare, one
of the following methods of development shall be required:
7
Approved as to Form .
May 19. 1998 . City Attorney
ORDINANCE NO. 8372 (Cont.)
I
1.
Either method required for a non-access or controlled access
thoroughfare may be applied; or
ii. Lots may have frontage directly on such thoroughfare, provided,
that the minimum setback for any new building in any zoning dis-
trict shall be thirty feet, and shall be landscaped except for approved
driveways.
4. Half streets shall be prohibited except where essential to the reasonable
development of the subdivision in conformity with the other requirements of these
regulations, or where it is found to be practicable to require the dedication of the
other half when adjoining property is subdivided.
5. Under normal conditions streets shall be laid out as to intersect as nearly as
possible at right angles, except where topography or other conditions justify
variations. More than four approaches to any intersection shall be prohibited.
Street jogs at intersections with centerline offsets of less than 75 feet should be
avoided.
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6.
Alleys may be provided in commercial and industrial districts. Alleys shall be
avoided in residential districts except to extend existing alleys to a street.
7. The right-of-way widths, improvements, and grades for streets and alleys included
in any subdivision shall not be less than the minimum right-of-way and outside curb
dimensions or less than the minimum grade for each classification as follows:
Residential Areas
I
Arterial Street-Five Lane Design
Arterial Street
Collector Street
Local Street
(parking on one side)
(no parking either side)
Cul-de-sac Street
(parking on one side)
(no parking either side)
Frontage Street
Alley
R.O.W.
100'
80'
60'
60'
60'
60'
60'
60'
60'
40'
16'
Improved
65'*
47'*
41 '*
37'
31 '***
26'***
37'
31'
26'
29'
16'
8
Approved as to Form .
May 19. 1998
Grade
0.3%
0.3%
0.3%
0.3%
0.3%
0.3%
0.3%
0.3%
0.3%
0.3%
0.3%
ORDINANCE NO. 8372 (Cont.)
I
Commercial or Industrial Areas
Arterial Street-Five Lane Design
Arterial Street
Collector Street
Local Street
(parking on one side)
(no parking either side)
Cul-de-sac Street
(parking on one side)
(no parking either side)
Frontage Street
Alley
R.O.W.
100'
80'
60'
60'
60'
60'
60'
60'
60'
65'
24'
Improved
65'**
47'**
45'**
41 '
41 '
41'
41'
41 '
41 '
41 '
22'
Grade
0.3%
0.3%
0.3%
0.3%
0.3%
0.3%
0.3%
0.3%
0.3%
0.3%
0.3%
All streets shall be designed and graded to the full right-of-way widths stated.
*
The developer shall not be responsible for providing improvements
wider than 37 feet at his expense.
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**
The developer shall not be responsible for providing improvements
wider than 41 feet at developer's sole expense.
*** A residential local street or cul-de-sac street improvement width of
31 feet (parking on one side); or, a residential local street or cul-de-
sac street improvement width of 26 feet (no parking either side)
shall normally not be permitted, and shall only be considered under
special exceptional circumstances approved by the Director of
Public Works.
8. Drives, streets, or roadways within condominium, townhouse, or planned unit
developments shall have a minimum right-of-way, improvement, and grade as
determined by agreement between the subdivider, public works director, director
of Planning, and approved by the city council.
9. The horizontal alignment on all streets except in unusual cases shall be as follows:
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Approved as to Form .
May 19, 1998
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ORDINANCE NO. 8372 (Cont.)
Radii of Horizontal Curves (Center Line)
Arterial Streets . . . . . . . . . . . . . . 700' minimum
Collector Streets. . . . . . . . . . . . . . 300' minimum
Local Streets. . . . . . . . . . . . . . . . 100' minimum
SECT! ON 5. Section 33 -14 of the Grand Island City Code be and hereby is amended
to read as follows:
~33-14.
1.
Lots
Minimum Dimensions: The minimum width of lots shall be as required by the
Zoning Chapter of the Grand Island City Code. Side lot lines should be at right
angles to straight street lines and radial to curved street lines. Lots having a depth
of less than 100 feet should be avoided. Lot sizes shall meet or exceed the
requirement of the Zoning Chapter and should as near as practical meet or exceed
the typical lot size for building sites in the immediate vicinity. Each lot shall be a
buildable site after taking into account all yard spaces required by the Zoning
Chapter. Excessive lot depth in relation to width should be avoided.
2. Corner Lots Wider: Corner lots in residential areas shall be of sufficient size to
comply with the requirements of the Zoning Chapter.
3. Double Frontage: Lots with street frontage at both front and rear shall be avoided
except when backing on a controlled access thoroughfare.
4. Street Frontage: Each lot shall have frontage (minimum width of twenty (20) feet)
on a street that will allow for practical, physical vehicular ingress/egress, and allow
for the proper provision of present or future municipal services to the lot.
5. Reversed Frontages and Key Lots: Reversed frontages at cross street intersections
should be avoided except where it will match existing development. Key lots,
being those inside lots fronting on side streets, should be avoided except where
they are matching existing development and other lots are excessively deep. Key
lots shall be prohibited where they disrupt utility or drainage easements. Reverse
frontage and normal corner lots when adjacent to a key lot shall have additional
width to allow front yard setbacks on both streets.
6.
Septic Tanks: In subdivisions within city jurisdiction outside of corporate limits
where buildings are to be served by septic tanks, the size of lots shall be
10
Approved as to Form .
May 19. 1998
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ORDINANCE NO. 8372 (Coot.)
sufficiently large to accommodate adequate drainage fields. Standards set forth by
the Grand Island-Hall County Department of Health and the State Department of
Health shall be met.
7.
Flag Lots: Flag lots, being those lots landlocked from public right-of-way except
for a narrow tract of land of less width than minimum frontage as required by the
Zoning Chapter should be discouraged except where development cannot
reasonably be accomplished without their use. When such lots are platted, it shall
be a requirement of the developer, builder, and owner to direct and maintain storm
water drainage from the flag lot to the public right-of-way without directing the
flow to adjoining property, i.e., drainage shall be by means of that strip of land
connecting the area of the structure to the public right-of-way unless other drainage
facilities are approved by the public works director.
SECTION 6. Section 33-15 of the Grand Island City Code be and hereby is amended
to read as follows:
~33-15.
1.
Easements
Utility Easements: Unless otherwise required by the director of Planning, the
director of utilities operations, or the public works director, utilities easements
shall be 20 feet wide, falling half on adjoining lots along rear lot lines, and where
necessary the same shall apply to side lot lines. The full width of an easement may
fall on one lot. They shall be planned for easy and continuous access for main-
tenance, shall be continuous through the block and shall connect as nearly in line
as possible with adjoining easements. To facilitate the use of easements, rear lot
lines in curvilinear platting shall form straight lines for as long a distance as
feasible. Direction changes shall fall so that a side lot line will intersect the point
of change so as to allow the guywire easements to be located on lot lines.
2. Drainage Easements: Drainage easements for storm sewers or open channels shall
be required where storm drainage cannot be practically carried under streets or in
the right-of-way. Open channel drainage easements shall be required where there
is evidence that the natural drainage for a large area traverses the subdivision.
Drainage easements shall be sufficient in width so that motorized equipment may
be used in their maintenance.
11
Approved as to Form . r .:nr./
May 19. 1998 . City Attorney
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ORDINANCE NO. 8372 (Cont.)
SECTION 7. Section 33-19 ofthe Grand Island City Code be and hereby is amended
to read as follows:
~33-19. Minimum Improvements
Inasmuch as the primary purpose of subdividing land is to create building sites, and
inasmuch as vehicular access and certain utilities are essential to urban development, it shall be
the responsibility of the developer to install in accordance with plans, specifications, and data
approved by the public works director, certain required improvements as follows:
1. Staking: The following described monuments shall be installed before the public
works director shall approve the plat, or in lieu thereof, a performance bond in an
amount equal to the cost of doing such work shall be furnished to the City of Grand
Island before the public works director shall certify to the council that the required
improvements have been satisfactorily arranged.
a. The external boundaries, corners of blocks and lots, all points of curvature,
and points of tangency, shall be monumented by an iron rod or pipe not less
than 1/2 inch outside diameter and extending at least 24 inches below grade.
2.
Grading of Lots: When any building site is filled to a depth in excess of five feet,
said fill shall be laid down in six-inch layers, and each layer shall be given six
passes with a sheepsfoot roller with optimum moisture present for compaction to
equal the bearing strength of the natural ground, indicated by Proctor test or other
test which may be approved by the public works director.
3.
Storm Drainage shall be conveyed to an approved storm drainage system if
available and adequate to accept the runoff from the fully. developed subdivision.
Available shall mean a system approved by the public works director to serve the
proposed subdivision. If an approved system is available but not of adequate
capacity, then provisions must be made for on-site detention to reduce the peak
flow out of the subdivision to that which the approved system can accommodate.
The detention cell shall be sized to accommodate a ten-year design storm as per
criteria acceptable to the public works director. In computing cell capacity only the
capacity above the elevation at which approved positive drainage exists will be
considered. Detention cells without approved positive drainage will not be
accepted. Determination of the approved form of positive drainage shall be made
by the public works director. Gravity drainage shall be used if possible. Provisions
shall be made for surface water traversing the subdivision. The subdivision
agreement shall prohibit filling in of ditches or other drainage facilities and specify
12
Approved as to Form .
May 19, 1998
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ORDINANCE NO. 8372 (Cont.)
ownership and maintenance responsibility of detention cells and other drainage
features not dedicated to the public.
4.
Sanitary Sewer shall be provided to connect all lots in the subdivision in accordance
with standard specifications of the City of Grand Island to an approved public
system if available and adequate to accept the flow from the fully developed
subdivision. Available shall mean an existing approved system or a system
approved for construction by the City. The city council may extend consideration
of the preliminary study for up to 120 days to consider a sanitary sewer extension
approval. In no case shall the minimum diameter for residential developments be
less than eight inches, and for commercial and industrial developments the
minimum shall be ten inches. If an approved system is not available, then
individual systems may be permissible on an initial basis, however, the subdividers
shall be required to install the complete system to serve the subdivision even
though it may not be connected with the approved system.
The requirement to install the complete but unconnected system shall not apply for
a subdivision having four (4) lots or less unless the subdivision is part of a larger
development being finalized in phases, except when:
a. The construction of the public system which will serve the subdivision is
provided for in the current approved Capital Improvement Program for the
City of Grand Island, or;
b. The Council officially amends said program to include a public system
which will serve the subdivision, and;
c. The City can provide the subdivider sufficient information for the design
and construction of his system.
In the event that individual systems are to be used, then the Subdivision Agreement
shall state that the lot owners waive the right to protest creation of a sanitary sewer
district abutting the subdivision or to serve the subdivision, shall keep all easements
free of any obstructions, including fences, trees and bushes, sheds, etc.; shall
indemnify the City of any removal/replacement/repair costs for obstructions in
easements for the construction of such district, and shall connect to such district
within two (2) years of the district construction completion.
5.
Water Supply shall be provided to connect all lots in the subdivision in accordance
with standard specifications for the City of Grand Island to an approved public
system if available and adequate to serve the needs of the fully developed
13
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May 19, 1998 . City Attorney
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ORDINANCE NO. 8372 (Cont.)
subdivision. Available shall mean an existing approved system or a system
approved for construction by the City. The city council may extend approval of
the preliminary study for up to 120 days to consider a water main extension
approval. Fire hydrants shall be installed in a pattern approved by the director of
utility operations and the fire chief. If an approved system is not available, then
individual systems may be permissible on an initial basis, however, the subdivider
shall be required to install the complete system to serve the subdivision even
though it may not be connected with the approved system.
The requirement to install the complete but unconnected system shall not apply for
a subdivision having four (4) lots or less unless the subdivision is part of a larger
development being finalized in phases, except when:
a. The construction of the public system which will serve the subdivision is
provided for in the current approved Capital Improvement Program for the
City of Grand Island, or;
b.
The Council officially amends said program to include a public system
which will serve the subdivision, and;
c.
The City can provide the subdivider sufficient information for the design
and construction of his system.
In the event that individual systems are to be used, then the Subdivision Agreement
shall state that the lot owners waive the right to protest creation of a water district
abutting the subdivision or to serve the subdivision, shall keep all easements free
of any obstructions, including fences, trees and bushes, sheds, etc.; shall indemnify
the City of any removal/replacement/ repair costs for obstructions in easements for
the construction of such district, and shall connect to such district within two (2)
years of the district construction completion.
6. Grading shall be completed to official grade on all streets for the full width of the
right-of-way and fills shall be compacted sufficiently to assure adequate support for
permanent paving, as set forth by standard specifications of the City of Grand
Island.
7.
Street Surfacing: Paving, including curbs and gutters, shall be completed on all
streets in accordance with the standard specifications of the City of Grand Island
and in conformity with any official street plans which may be adopted by the city
council of Grand Island. Standard installations for sanitary sewer, storm drainage,
and water may be required to be installed before paving, subject to the
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May 19, 1998
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ORDINANCE NO. 8372 (Cont.)
recommendation of the public works director, even though such facilities cannot
be connected with the City system at the time of approval of the plat.
8.
Public sidewalks four feet wide shall be constructed in accordance with sidewalk
standards along each side of all public street right-of-way to serve all lots in the
plat. This requirement may be waived until the Council directs such installation
for a subdivision having four lots or less unless:
a. the subdivision has curb and gutter; or,
b. such installation would result in continuity with an existing sidewalk on at
least one side of the new subdivision; or,
c. the subdivision is part of a larger development being finalized in phases.
9.
Inspections of improvements under construction shall be performed under the
supervision of a professional registered engineer and upon completion, shall be
subject to inspection and approval by the Department of Public Works prior to
acceptance by the City of Grand Island. The subdivider may enter into an
agreement with the City whereby the developer of the subdivision shall pay for
inspection personnel which may be furnished by the City under supervision of the
public works director, on all improvements constructed by such developer of such
subdivision as provided for in this chapter. An "as-built" set of plans and
specifications including required test results bearing the seal and signature of a
registered professional engineer shall be filed with the Director of Public Works
by the subdivider prior to acceptance of these improvements by the City.
SECTION 8. Sections 33-1, 3-8, 33-12, 33-14, and 33-15 ofthe Grand Island City
Code as heretofore existing, and any ordinances or parts of ordinances in conflict herewith, be, and
hereby are, repealed.
SECTION 9. This ordinance shall be in full force and effect from and after its
passage, approval, and publication, in pamphlet form, within fifteen days, as provided by law.
15
Approved as to Form .
May 19, 1998
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ORDINANCE NO. 8372 (Cont.)
Enacted: May 18, 1998.
Approved as to Form .
May 19. 1998
16
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ORDINANCE NO. 8373
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; reverting the land use classification of a tract of land comprising of all
properties located north of 12th Street and east of Evans Street in Hall County, Nebraska, from
RD-Residential Development Zone to TA-Transitional Agriculture Zone; directing that such
zoning change and classification be shown on the Official Zoning Map of the City of Grand Island;
amending the provisions of Section 36-7; and providing for publication and an effective date of
this ordinance.
WHEREAS, the above property was rezoned from TA-Transitional Agriculture
Zone to RD-Residential Development Zone by Ordinance No. 8134, enacted on October 9, 1995
to construct a planned apartment development on the southerly half of the property, with
unspecified intentions of future development in the northerly half of this property; and
WHEREAS, over eighteen months have elapsed after City Council approval of such
zoning change; and
WHEREAS, the construction of footings and foundations for such project has not
been completed; and
WHEREAS, Grand Island City Code Section 36-30 requires that upon failure to
complete such construction within eighteen months, the entire property shall revert to its former
zoning classification; and
WHEREAS, the Regional Planning Commission on April 1, 1998, held a public
hearing and made a recommendation on the proposed zoning of such area; and
Approved as to Form. t::.I/"C
April 2, 1998 . City Attorney
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ORDINANCE NO. 8373 (Cont)
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given
to the Board of Education of the Grand Island Public Schools in Hall County, Nebraska; and
WHEREAS, after public hearing on March 9, 1998, the City Council found and
determined that the change in zoning be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. A tract of land comprising all of the East Half of the Northwest
Quarter (E1/2 NWJA) of Section Ten (10), Township Eleven (11) North, Range Nine (9) West of
the 6th P.M. in Hall County, Nebraska, lying west of the westerly right-of-way line of the Union
Pacific Railroad Company, EXCEPT the northerly Five Hundred Eighty One and Five Tenths
(581.5) feet thereof; the easterly Thirty Five (35.0) feet of Lot Eight (8), Norwood Subdivision;
and a tract of land situated in the Southwest Quarter of the Northwest Quarter (SW JA NW JA) of
said Section Ten (10) more particularly described as follows:
Beginning at the southeast corner of said Southwest Quarter of the Northwest
Quarter (SWJA NWJA); thence northerly along the east line of said Southwest
Quarter of the Northwest Quarter (SWJA NWJA), a distance of Six Hundred Fifty
Nine and Seventy Nine Hundredths (659.79) feet; thence westerly along the south
line of Fourteenth Street, a distance of Forty Eight and Twenty Seven Hundredths
(48.27) feet, to the northeast corner of Block Five (5), George Loans Subdivision;
thence southerly along the east line of Blocks Four (4) and Five (5), George Loans
Subdivision, a distance of Six Hundred Sixty (660.0) feet, to the south line of said
Southwest Quarter of the Northwest Quarter (SWJA NWJA); thence easterly along
the south line of said Southwest Quarter of the Northwest Quarter (SW JA NW JA ),
a distance of Forty Six and Seventeen Hundredths (46.17) feet to the place of
beginning; all of the above descriptions together containing an aggregate of 23.010
acres, more or less;
be reverted to T A-Transitional Agriculture Zone.
Approved as to Form' ~
April 2, 1998 . City Attorney
- 2-
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I
I
ORDINANCE NO. 8373 (Cont)
SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska,
as established by Section 36-7 of the Grand Island City Code, be, and the same is, hereby ordered
to be changed, amended, and completed in accordance with this ordinance.
SECTION 3. That Ordinance No. 8134 and all ordinances and parts of ordinances
in conflict herewith are hereby repealed.
SECTION 4. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted April 6, 1998.
~.
Ke nadt, Mayor
ATTEST:
~~ .
CindyK. C" w~
Approved as to Form' c.qT:
April 2, 1998 City Attorney
- 3 -
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I
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ORDINANCE NO. 8374
An ordinance to amend Chapter 16 of the Grand Island City Code; to amend
Section 16-11 pertaining to Open Fires; to repeal Section 16-11 as now existing; 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. Section 16-11 of the Grand Island City Code be, and hereby is,
amended to read as follows:
~16-11. Open Fires; When Allowed; Permit; Fire Locations; Hours of Burning
1. For purposes of this section, Open Fire shall mean burning under such conditions that the
products of combustion are emitted directly into the ambient air and are not conducted thereto
through a stack, chimney, duct, or pipe.
2. No person shall cause or permit any open fire within the limits ofthe City.
3. Exceptions:
(a) Fires set solely for the outdoor cooking of food for human consumption on other than
commercial premises where no nuisance or hazard is created;
(b) Fires set with the written permission of the Fire Chief of the City of Grand Island or
designated representative:
i. for the purpose of training public or industrial fire fighting personnel;
ii. for essential agricultural operation in the growing of crops where no nuisance
or hazard is created;
iii. for the purpose of destroying dangerous materials or diseased trees;
iv. for the purpose of clearing land for roads or other construction activity;
v. for recreational purposes;
vi. for the purpose of burning leaves and brush where no nuisance or hazard is
created. Permits for open burning of leaves and brush shall only be issued for fires
to be set during the following periods: (1) a fourteen (14) day period beginning
the third Sunday in April, and (2) a fourteen (14) day period beginning the second
Sunday in October, or as the Fire Chief may designate due to inclement weather.
(c) Fires set in operation of smokeless flare stacks for the combustion of waste gases,
provided they meet the requirements of the Nebraska Department of Environmental
Control.
Approved as to Form '"
April 21, 1998 ....
I
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I
ORDINANCE NO. 8374 (Cont.)
4. Open fires shall be constantly attended by a competent person until the fire is extinguished.
The person so attending shall have a water supply or other fire extinguishing equipment readily
available for use, and no such fire shall be abandoned until it has been completely extinguished.
5. Permits to burn leaves and brush shall only be issued to the owner or occupant of private
residential property fire locations. Permits may be issued during each open burning period and
the week prior thereto. A separate permit shall be required for each open burning period and
shall be maintained in the possession of a person tending the fire at all times.
6. Fire locations for leaf and brush piles greater than three (3.0) feet in diameter or two (2.0) feet
in height must be at least fifty (50.0) feet away from any structure or other combustible material.
Fire locations for leaf and brush piles less than three (3.0) feet in diameter and two (2.0) feet in
height must be at least twenty-five (25.0) feet from any structure or other combustible material
unless the fire is contained within an approved burning appliance or barrel with one-half (112")
inch wire mesh screen covering the entire opening and such container or barrel is located not less
than fifteen (15.0) feet from any structure or other combustible material.
7. Leaf and brush fires may only be burned between the hours of 8 :00 a.m. and 8 :00 p.m. of the
open burning periods.
8. The Fire Chief of the Fire Department may prohibit any and all burning when atmospheric
conditions or local circumstances make such fires hazardous.
SECTION 2. Section 16-11 of the Grand Island City Code as heretofore
existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are,
repealed.
SECTION 3. This ordinance shall be in full force and effect from and after its
passage, approval, and publication, within fifteen days, as provided by law.
Enacted April 20, 1998.
~~~#/
Ken G6adt, Mayor
Approved as to Form l' ~
April 21, 1998 ... City Attorney
2
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ORDINANCE NO. 8375
An ordinance levying a special tax to pay the cost to the City of cutting,
destroying, and removing weeds, grasses, or worthless vegetation, pursuant to Sections 17-36
and 17-38 of the Grand Island City Code upon certain lots and pieces of ground; providing for
the collection thereof; repealing ordinances or parts of ordinances in the Grand Island City Code
in conflict herewith; and providing for the publication and effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. A special tax is hereby levied for the cost of cutting, destroying,
and removing weeds, grasses, or worthless vegetation upon the hereinafter described lots and
pieces of ground during the 1997 season in proportion to the special benefits to such real estate
I as determined and assessed by the City Council sitting as a Board of Equalization after due
notice thereof, in the following amounts:
Owner/Address
Description
Assessment
Bonnie Gilpin
112 West Charles
Grand Island, NE 68801
E 56' ofW 174' of Block 5, Hann 3rd Addition
$112.00
Rodney Clark
317 E. 12th Street
Grand Island, NE 68801
Lot 2, Block 38, Russell Wheeler Addition
190.00
Arnold & Linda Wenn
2410 Overland Trail Circle
Grand Island, NE 68801
Lot 1, Block 11, Joehnck's Addition
112.50
SECTION 2. Such special tax shall be due and payable to the City thirty (30)
I
days after such levy and shall become delinquent fifty (50) days after such levy. After the same
Approved as to Form ,. ~ ~
April 17, 1998 ... City Attorney
ORDINANCE NO. 8375 (Cont.)
I
shall become delinquent, interest at the rate of 14 percent (14%) per annum shall be paid thereon.
The same shall be collected in the same manner as other city taxes.
SECTION 3. Such special taxes shall be collected by the Finance Director of the
City of Grand Island, Nebraska, as provided by law.
SECTION 4. Such special taxes, if not previously paid, shall be certified to the
County Clerk at the same time as the next certification for general revenue purposes.
SECTION 5. Such special taxes, when received, shall be applied to reimburse the
General Fund Account No. 100.142.01435, from which the cost of such improvement was paid.
SECTION 6. All ordinances or parts of ordinances or provisions in the Grand
Island City Code in conflict herewith be, and the same hereby are, repealed.
SECTION 7. This ordinance shall be in force and take effect from and after its
I passage and publication within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: April 20, 1998.
{i~.
Ke nadt, Mayor
~i
Attest:
I
- 2 -
Approved as to Form ". M;S
April 17 , 1998 A City Attorney
I
ORDINANCE NO. 8376
An ordinance directing and authorizing the conveyance of property to Thomas V.
Chapman and Cheri L. Chapman, husband and wife; providing for the giving of notice of such
conveyance and the terms thereof; providing for the right to file a remonstrance against such
conveyance; providing for the 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. The conveyance to THOMAS V. CHAPMAN and CHERI L.
CHAPMAN, husband and wife, ofa tract ofland comprising of the west Twenty Five (25.0) feet of
the south Thirty Five (35.0) feet of Lot Eight (8), Block Four (4), Claussen Country View Addition
to the City of Grand Island, Hall County, Nebraska, subject to easements and encumbrances of
I record, is hereby authorized and approved.
SECTION 2. The consideration for such conveyance shall be Five Hundred Dollars
($500.00), and the buyers shall pay all closing costs, if any, and recording fees. Conveyance of the
real estate above described shall be by Quit Claim Deed, upon payment of the foregoing
consideration.
SECTION 3. As provided by law, notice of such conveyance and the terms thereof
shall be published for three consecutive weeks in the Grand Island Independent, a newspaper
published for general circulation in the City of Grand Island. Immediately after the passage and
publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and
publish such notice.
I
Approved as to Fonn T ~
April 17 , 1998 . City Attorney
I
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ORDINANCE NO. 8376 (Cant)
SECTION 4. Authority is hereby granted to the electors of the City of Grand Island
to file a remonstrance against the conveyance of such within described real estate; and if a
remonstrance against such conveyance signed by registered voters of the City of Grand Island
equal in number to thirty percent of the registered voters of the City of Grand Island voting at the
last regular municipal election held in such City be filed with the City Council within thirty days
of passage and publication of such ordinance, said property shall not then, nor within one year
thereafter, be conveyed.
SECTION 5. The conveyance of said real estate is hereby authorized, directed and
confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make, execute
and deliver to THOMAS V. CHAPMAN and CHERI L. CHAPMAN, husband and wife, a Quit
Claim Deed for said real estate, and the execution of such deed is hereby authorized without further
action on behalf of the City Council.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication within fifteen days in one issue of the Grand Island Independent, as provided
by law.
Enacted April 20, 1998.
Attest:
(~;\1
Cindy K.
Approved as to Fonn T 1:Yv\,s
April 17 , 1998 . City Attorney
2
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.This space reserved for Register of Deeds.
ORDINANCE NO. 8377
An ordinance creating Water Main District No. 428T in the City of Grand Island,
I Hall County , Nebraska; defining the boundaries of the district; providing for the laying of a water
main in said district; providing for plans and specifications and securing bids; providing for the
connection fee for connecting to such water main; providing for certification to the Register of
Deeds; and providing the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Water Main District No. 428T in the City of Grand Island,
Nebraska, is hereby created for the laying of a six (6) inch diameter water main with its
appurtenances in Gamma Street, from Sylvan Street to Lincoln Street in Grand Island, Hall
County, Nebraska.
I
SECTION 2.
The water main district shall be located In
part of the Southeast Quarter of the Southeast Quarter (SE 'l4,SEl/4) Section Twenty One (21),
Approved as to Form . rd!-
May 15, 1998 . ci;)ltori"
I
ORDINANCE NO. 8377 (Cont.)
Township Eleven (11) North, Range Nine (9) West of the 6th PM., in Grand Island, Hall County,
Nebraska. The boundaries of such water main connection district shall be more particularly
described as follows:
I
Beginning at the intersection of the southerly right-of-way line of Gamma Street and
the easterly right-of-way line of Lincoln Street; thence northerly along the easterly
right-of-way line of said Lincoln Street a distance of one hundred fifty (150.0) feet;
thence westerly, parallel with the southerly right-of-way line of said Gamma Street,
a distance of one hundred sixty six (166.0) feet; thence southerly, parallel with the
easterly right-of-way line of said Lincoln Street a distance of one hundred (100.0)
feet to the northerly right-of-way line of said Gamma Street; thence westerly, along
the northerly right-of-way line of said Gamma Street, a distance of one hundred thirty
two (132.0) feet to the intersection of the easterly right-of-way line of Sylvan Street,
and the northerly right-of-way line of said Gamma Street; thence southerly a
distance of fifty (50.0) feet to the intersection of the southerly right-of-way line of
said Gamma Street and the easterly right-of-way line of said Sylvan Street; thence
easterly along the southerly right-of-way line of said Gamma Street, a distance of two
hundred ninety eight (298.0) feet to the point of beginning. Such district is shown
on the attached plat dated May 4, 1998, attached hereto and incorporated herein by
reference
SECTION 3. Said improvement shall be made in accordance with plans and
specifications prepared by the Engineer for the City, who shall estimate the cost thereof. Bids for
the construction of said water main shall be taken and contracts entered into in the manner
provided by law.
SECTION 4. The cost of construction of such water main connection district shall
be reported to the City Council, and the Council, sitting as a Board of Equalization, shall
determine benefits to abutting property by reason of such improvement pursuant to Section 16-
6,103, R.R.S. 1943. The special benefits shall not be levied as special assessments but shall be
I certified by resolution of the City Council to the Hall County Register of Deeds. A connection
- 2 -
Approved as to Form . ~
May 15. 1998 . City Attorney
I
I
I
ORDINANCE NO. 8377 (Cont.)
fee in the amount of the special benefit accruing to each property in the district shall be paid to the
City of Grand Island at such time as such property becomes connected to the water main in such
district. No property thus benefitted by water main improvements shall be connected to the water
main until the connection fee is paid. The connection fees collected shall be paid either into the
Water Surplus Fund or into a fund to be designated as the fund for Water Main District No. 428T
for the purpose of creating a sinking fund for the payment of bonds. Payment of the cost of
construction of Water Main District No. 428T may be made by warrants drawn upon the Water
Surplus Fund.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval, and publication, without the plat, within fifteen days in one issue of the Grand
Island Independent.
Enacted May 18, 1998.
ATTEST:
- 3 -
Approved as 10 Form
May 15. 1998
. a;lC
. City Attorney
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S GAMMA STREET s POINT OF BEGINNING
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CITY OF ~
GRAND .ISLAND
UTILITIES DEPARTMENT
PLAT TO ACCOMPANY
ORDINANCE #8377
DRAWN BY: K,J.M. SCALE: 1"=100'
DATE: 5 4 98 FILE: WM 428T
ORDINANCE NO. 8378
I
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use classification of a tract of land comprising a part of
the Southeast Quarter of the Southwest Quarter (SEy,.. SWy,..), and a part of the Southwest Quarter
of the Southeast Quarter (SWy,.. SEy,..), all in Section Twenty Six (26), Township Eleven (11)
North, Range Ten (10) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska,
from TA-Transitional Agriculture Zone to R2-Low Density Residential Zone; directing the such
zoning change and classification be shown on the Official Zoning Map of the City of Grand
Island; amending the provisions of Section 36-7; and providing for publication and an effective
date of this ordinance.
WHEREAS, the Regional Planning Commission on May 6, 1998, held a public
I hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to
the Board of Education of School District No.2 in Hall County, Nebraska; and
WHEREAS, after public hearing on May 18, 1998, the City Council found and
determined the change in zoning be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The following tract of land is hereby rezoned and reclassified and
changed from TA-Transitional Agriculture Zone to R2-Low Density Residential Zone:
I
A tract of land comprising a part of the Southeast Quarter of the
Southwest Quarter (SEy,.. SWy,..), and a part of the Southwest
Quarter of the Southeast Quarter (SWy,.. SEy,..), all in Section
Twenty Six (26), Township Eleven (11) North, Range Ten (10)
Approved as to Form T
May 15, 1998 A City Attorney
I
I
I
ORDINANCE NO. 8378 (Cont.)
West of the 6th P.M., in the City of Grand Island, Hall County,
Nebraska, more particularly described as follows:
Beginning at the intersection of the northerly right-of-way line of
Husker Highway and the westerly right-of-way line of Schroeder
Avenue; thence running westerly along the northerly right-of-way
line of Husker Highway, a distance of approximately Two
Hundred Thirty Eight (238.0) feet, to a point on the west line of
said Southeast Quarter of the Southwest Quarter (SE~ SW~);
thence continuing westerly along the northerly right-of-way line of
Husker Highway, a distance of approximately Two Hundred Thirty
Two (232.0) feet; thence running northerly a distance of
approximately Three Hundred Ten (310.0) feet; thence running
easterly a distance of approximately Sixty (60.0) feet; thence
running northerly a distance of approximately One Hundred Eighty
Eight (188.0) feet, to the southerly line of Indianhead Golf Course;
thence running easterly along the southerly line of Indianhead Golf
Course a distance of approximately One Hundred Thirty Six
(136.0) feet, to a point on the westerly line of the entrance to
Indianhead Golf Course; thence running southeasterly a distance of
approximately Nineteen (19) feet, to a point on the westerly right-
of-way line of Schroeder Avenue; thence running southeasterly
along the westerly right-of-way line of Schroeder A venue to the
point of beginning, said tract containing approximately 3.4 acres
more or less.
SECTION 2. That the Official Zoning Map of the City of Grand Island,
Nebraska, as established by Section 36-7 of the Grand Island City Code be, and the same is,
hereby ordered to be changed, amended, and completed in accordance with this ordinance.
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
- 2 -
Approved as to Form '" ~
May 15, 1998 A City Attorney
I
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ORDINANCE NO. 8378 (Cant.)
Enacted: May 18, 1998.
Attest:
~V\ d~ j(Qod, ~V
Cindy K. Cart ight, City Clet
- 3 -
~
Ken Gr'adt, Mayor
Approved as to Form T ~
May 15, 1998 ... City Attorney
I
I
I
ORDINANCE NO. R379
An ordinance to amend Chapter 20 of the Grand Island City Code; to add a
section pertaining to possession of tobacco by minors; to repeal any ordinance 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. The Grand Island City Code is hereby amended by adding the
following section to Chapter 20 "Miscellaneous Offenses" to read as follows:
~20-20. Tobacco; Possession By Minors
(A) It shall be unlawful for any person under the age of eighteen (18) years to possess any
tobacco products. Tobacco products shall be defined to mean any substance containing tobacco
leaf, including but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or
dipping tobacco.
(B) It shall not be unlawful for any person under the age of eighteen (18) years to:
(1) Possess tobacco products under the direct supervision of the parent or
guardian of such person in the privacy of the parent's or guardian's home.
(2) Sell or handle any unopened container of tobacco products in the course of
his or her employment by a tobacco licensee; or
(3) Possess or purchase tobacco products for the purpose of testing or enforcing
compliance with statutes, laws or ordinances governing the sale of tobacco
products as long as law enforcement is conducting the compliance check.
(C) Any person violating the provisions of this section shall be fined according to the
provisions of the Grand Island City Code.
SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
Approved as to Form '"
May 15, 1998 ... City Attorney
I
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ORDINANCE NO. 8379 (Cont.)
SECTION 3. This ordinance shall be in full force and effect from and after its
passage, approval, and publication, within fifteen days, as provided by law.
Enacted May 18, 1998.
~A4/
Ken Gpaflt, Mayor
- 2 -
I
I
I
ORDINANCE NO. 8380
An ordinance to amend Chapter 34 of the Grand Island City Code; to amend
Section 34-16 pertaining to pertaining to the expiration date for taxicab drivers' permits; to repeal
Section 34-16 as now existing, and any ordinance or parts of ordinances in conflict herewith;
and to provide for publication and the effective date ofthis ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 34-16 of the Grand Island City Code is hereby amended to
read as follows:
~34-16. Expiration Date
All permits issued pursuant to this article shall expire on December 31 following the date of
Issuance.
SECTION 2. Taxicab Drivers' permits currently in effect which are scheduled to
expire on April 30, 1999, are hereby extended, and shall be in full force and effect until
December 31, 1999.
SECTION 3. Section 34-16 as now existing, and any ordinances or parts of
ordinances in conflict herewith be, and hereby are, repealed.
SECTION 4. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Approved as to Form T
May 19, 1998 A City Attorney
I
I
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ORDINANCE NO. 8380 (Cont.)
Enacted: May 18, 1998.
Attest:
t
-2-
~/
Ken adt, Mayor
Approved as to Form ..,
May 19, 1998
I
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ORDINANCE NO. 8381
An ordinance to amend Chapter 18 and 26 of the Grand Island City Code; to
amend Sections 18-22 and 26-43 pertaining to exemptions for plumber and gas fitter
examinations; to repeal Sections 18-22 and 26-43 as now existing, and any ordinance 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. Section 18-22 of the Grand Island City Code is hereby amended to
read as follows:
~18-22. Examination; Prerequisites: ExemDtions
{ALBefore the applicant shall be registered as a master gas fitter, contractor or
journeyman, as the case may be, he or she shall submit to an examination to determine fitness
and competency to engage in the business, trade, or calling of gas fitting or appliance installation
work, as the case may be, which examination shall be given by the examining board for gas
fitters as hereinbefore set forth, such applicant after having by such examination been shown to
be fit, competent and qualified to engage in the business, trade, or calling of a master or
journeyman gas fitter, as the case may be, shall be registered by the chief building inspector, who
shall deliver to such applicant a certificate of registration, signed by the chief building inspector.
mLAn applicant failing to pass an examination shall not be eligible for re-examination
until ninety days shall have elapsed after the previous examination. Should he or she fail after the
third examination, such applicant shall not be eligible for a period of one year thereafter to take
an additional examination. Each applicant shall pay an examination fee for each re-examination
required.
(C) Any applicant validlv registered or licensed as a master gas fitter. contractor or
iourneyman. or equivalent capacity bv the city of Hastings or the city of Kearnev. shall be
exempt from taking the foregoing examination. and provided the applicant is otherwise qualified
pursuant to this code. shall be issued an equivalent license upon application and payment of fees.
SECTION 2. Section 26-43 of the Grand Island City Code is hereby amended to
read as follows:
Approved as to Form T ~
May 19, 1998 ... C ttomey
ORDINANCE NO. 8381 (Cont.)
I
~26-43. Examinations; Fee: Exemptions
Any person desiring to be licensed as a master plumber or as a journeyman plumber
pursuant to this section shall make written application for an examination to the Board.
Examination fees shall be as follows:
Master Plumber examination
Journeyman Plumber examination
$10.00
$10.00
Examination fees shall accompany such application and shall be accounted for and turned
over to the City Treasurer. Examination fees are not returned but shall be forfeited in the event
the applicant fails the examination. Each applicant taking the plumbers examination shall also
take the examination for the gas fitters license. Failure to qualify as a gas fitter shall disqualify
the applicant for either license. Only one examination fee shall be paid for taking both
examinations.
Anv person validly registered or licensed as a master plumber or 10urnevman plumber or
equivalent capacitv by the City of Hastings or the Citv of Kearney shall be exempt from taking
the foregoing examination. and provided the applicant is otherwise qualified pursuant to this
code. shall be issued an equivalent license upon application and payment of fees.
SECTION 3. Sections 18-22 and 26-43 as now existing, and any ordinances or
I parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 4. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: May 18, 1998.
Ken Gnadt, Mayor
Attest:
This item was tabled at the May 181 1998 City Council Meeting,
Cindy K. Cartwright, City Clerk
I
Approved as to Form ... C</"C
May 19, 1998 ... City Attorney
- 2 -
I
I
I
ORDINANCE NO. 8381
An ordinance to amend Chapter 18 and 26 of the Grand Island City Code; to
amend Sections 18-22 and 26-43 pertaining to exemptions for plumber and gas fitter
examinations; to repeal Sections 18-22 and 26-43 as now existing, and any ordinance 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. Section 18-22 of the Grand Island City Code is hereby amended to
read as follows:
~18-22. Examination; Prerequisites; Exemptions
(A) Before the applicant shall be registered as a master gas fitter, contractor or
journeyman, as the case may be, he or she shall submit to an examination to determine fitness
and competency to engage in the business, trade, or calling of gas fitting or appliance installation
work, as the case may be, which examination shall be given by the examining board for gas
fitters as hereinbefore set forth, such applicant after having by such examination been shown to
be fit, competent and qualified to engage in the business, trade, or calling of a master or
journeyman gas fitter, as the case may be, shall be registered by the chief building inspector, who
shall deliver to such applicant a certificate of registration, signed by the chief building inspector.
(B) An applicant failing to pass an examination shall not be eligible for re,-examination
until ninety days shall have elapsed after the previous examination. Should he or she fail after the
third examination, such applicant shall not be eligible for a period of one year thereafter to take
an additional examination. Each applicant shall pay an examination fee for each re-examination
required.
(C) Any applicant validly registered or licensed as a master gas fitter, contractor or
journeyman, or equivalent capacity by the city of Hastings or the city of Kearney, shall be
exempt from taking the foregoing examination, and provided the applicant is otherwise qualified
pursuant to this code, shall be issued an equivalent license upon application and payment of fees.
SECTION 2. Section 26-43 of the Grand Island City Code is hereby amended to
read as follows:
Approved as to Form 0
June 9, 1998 0
ORDINANCE NO. 8381 (Cont.)
I
~26-43. Examinations; Fee; Exemptions
Any person desiring to be licensed as a master plumber or as a journeyman plumber
pursuant to this section shall make written application for an examination to the Board.
Examination fees shall be as follows:
Master Plumber examination
Journeyman Plumber examination
$10.00
$10.00
Examination fees shall accompany such application and shall be accounted for and turned
over to the City Treasurer. Examination fees are not returned but shall be forfeited in the event
the applicant fails the examination. Each applicant taking the plumbers examination shall also
take the examination for the gas fitters license. Failure to qualify as a gas fitter shall disqualify
the applicant for either license. Only one examination fee shall be paid for taking both
examinations.
Any person validly registered or licensed as a master plumber or journeyman plumber or
equivalent capacity by the City of Hastings or the City of Kearney shall be exempt from taking
the foregoing examination, and provided the applicant is otherwise qualified pursuant to this
code, shall be issued an equivalent license upon application and payment of fees.
SECTION 3. Sections 18-22 and 26-43 as now existing, and any ordinances or
I parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 4. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: June 8, 1998.
Jvt-
Attest:
I
- 2 -
Approved as to Form 0
June 9, 1998 0 City Attorney
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ORDINANCE NO. g3g2
An ordinance to repeal Ordinance No. 8214 pertaining to the addition of fluoride
to the city water supply; to repeal any ordinance 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. On July 51, 1996, the City of Grand Island enacted Ordinance No.
8214 directing the Department of Utilities Operations to add fluoride to the city water supply in
the amount and manner as prescribed by Title 179, Nebraska Administrative Code Chapter 1,
Rules and Regulations Governing Fluoridation of Water Supplies.
SECTION 2. During the statewide primary election of May 12, 1998, a majority
of the voters of the City of Grand Island voted against fluoridation of the city water supply.
SECTION 3. Based on the results of such vote, Ordinance No. 8214 is hereby
repealed.
SECTION 4. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: May 18, 1998.
Ken~Z~~/!/" .
Attest:
I
I
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ORDINANCE NO. 8382
An ordinance to repeal Ordinance No. 8214 pertaining to the addition of fluoride
to the city water supply; to repeal any ordinance 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. On July 15, 1996, the City of Grand Island enacted Ordinance No.
8214 directing the Department of Utilities Operations to add fluoride to the city water supply in
the amount and manner as prescribed by Title 179, Nebraska Administrative Code Chapter 1,
Rules and Regulations Governing Fluoridation of Water Supplies.
SECTION 2. During the statewide primary election of May 12, 1998, a majority
of the voters of the City of Grand Island voted against fluoridation of the city water supply.
SECTION 3. Based on the results of such vote, Ordinance No. 8214 is hereby
repealed.
SECTION 4. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: May 18, 1998.
1\ttest:
Uu'l~~-K ~~' T
Cindy K. Ca wright;eity Clerk ~
as to Form 0 (!,(1t;
o City Attorney
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ORDINANCE NO. g3g3
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use classification of a tract of land comprising a part of
the Southwest Quarter of the Northwest Quarter (SWY4 NWY4), of Section Eight (8), Township
Eleven (11) North, Range Nine (9) West of the 6th P.M., in Hall County, Nebraska, from R2-
Low Density Residential Zone to R3-Medium Density Residential Zone; directing the such
zoning change and classification be shown on the Official Zoning Map of the City of Grand
Island; amending the provisions of Section 36-7; and providing for publication and an effective
date ofthis ordinance.
WHEREAS, the Regional Planning Commission on June 3, 1998, held a public
hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to
the Board of Education of School District No.2 in Hall County, Nebraska; and
WHEREAS, after public hearing on June 8, 1998, the City Council found and
determined the change in zoning be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The following tract of land is hereby rezoned and reclassified and
changed from R2-Low Density Residential Zone to R3-Medium Density Residential Zone:
Part of the Southwest Quarter of the Northwest Quarter (SWY4 NWY4) of
Section Eight (8), Township Eleven (11) North, Range Nine (9) West of
the 6th P.M. in Hall County, Nebraska, more particularly described as
follows:
Commencing at the southeast comer of said Southwest Quarter of the
Northwest Quarter (SWY4 NWY4) of said Section Eight (8); thence running
Approved as to Form T ~
June 5, 1998 ... City Attorney
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ORDINANCE NO. 8383 (Cont.)
north Two Hundred Forty (240.0) feet; thence running west Four Hundred
Twenty Three (423.0) feet; thence south a distance of Two Hundred Forty
(240.0) feet; thence east Four Hundred Twenty Three (423.0) feet to the
Point of Beginning.
SECTION 2. That the Official Zoning Map of the City of Grand Island,
Nebraska, as established by Section 36-7 of the Grand Island City Code be, and the same is,
hereby ordered to be changed, amended, and completed in accordance with this ordinance.
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: June 8, 1998.
Ken~~
Attest:
- 2 -
Approved as to Form T ~
June 5, 1998 ... City Attorney
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ORDINANCE NO. 8384
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use classification of a tract of land comprising all of Lot
One (1), Lincoln Heights Subdivision in the City of Grand Island, Hall County, Nebraska, from
TA-Transitional Agriculture Zone to RD-Residential Development Zone; directing the such
zoning change and classification be shown on the Official Zoning Map of the City of Grand
Island; amending the provisions of Section 36-7; and providing for publication and an effective
date of this ordinance.
WHEREAS, the Regional Planning Commission on June 3, 1998, held a public
hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to
the Board of Education of School District No.2 in Hall County, Nebraska; and
WHEREAS, after public hearing on June 8, 1998, the City Council found and
determined the change in zoning be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The tract of land described as Lot One (1), Lincoln Heights
Subdivision in the City of Grand Island, Hall County, Nebraska, is hereby rezoned and
reclassified and changed from TA-Transitional Agriculture Zone to RD-Residential
Development Zone.
SECTION 2. The Official Zoning Map of the City of Grand Island, Nebraska, as
established by Section 36-7 of the Grand Island City Code be, and the same is, hereby ordered to
be changed, amended, and completed in accordance with this ordinance.
Approved as to Form ...
June 5, 1998 ... City Attorney
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ORDINANCE NO. 8384 (Cont.)
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: June 8, 1998.
Ken~~
Attest:
r
- 2 -
Approved as to Fonn ."
June 5, 1998 ... City Attorney
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ORDINANCE NO. R3RS
An ordinance to convey a tract of land comprising the West Half of the Northeast
Quarter of the Southeast Quarter (W1/2 NE1I4 SE1I4), and the East Half of the Northwest
Quarter of the Southeast Quarter (E1I2 NW1/4 SE1I4), all in Section Thirty Four (34), Township
Twelve (12) North, Range Nine (9) West of the 6th P.M., in Hall County, Nebraska, commonly
known as the Nebraska Law Enforcement Training Center to the State of Nebraska; providing
for the giving of notice of such conveyance and the terms thereof; providing for the right to file a
remonstrance against such conveyance; providing 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. On April 15, 1979, the City of Grand Island, Nebraska, a Municipal
Corporation, as Lessor, and the State of Nebraska acting on behalf of the Nebraska Commission
on Law Enforcement and Criminal Justice, as Lessee, entered into a Lease Agreement involving
the property commonly referred to as the Nebraska Law Enforcement Training Center. The
property which was the subject matter of the Lease Agreement included the tract of real estate
more specifically described hereafter, the public building including fixtures, equipment and
associated apparatus and all structural alterations and additions to the property. The description
of the real estate owned by the Lessor and subject to the aforementioned Lease Agreement is
more particularly described as follows:
A tract of land comprising the West Half of the Northeast Quarter of the
Southeast Quarter (W1/2 NE1/4 SE1/4), and the East Half of the
Northwest Quarter of the Southeast Quarter (E1I2 NW1I4 SE1I4), all in
Section Thirty Four (34), Township Twelve (12) North, Range Nine (9)
West of the 6th P.M. in Hall County, Nebraska, more particularly
described as follows:
Approved as to Form." t:13C"
June 5, 1998 ... City Attorney
ORDINANCE NO. 8385 (Cont.)
I
Beginning at the Northeast comer of said W1I2 NE1I4 SEl/4; thence
southerly along the East line of said W1I2 NE1I4 SE1I4, a distance of One
Thousand Three Hundred Fourteen and Seventy Eight Hundredths
(1,314.78) feet, to the Southeast comer of said W1/2 NE1I4 SEl/4; thence
westerly along the South line of said W1I2 NE1I4 SE1I4 and the South
line of said E1I2 NW1I4 SE1I4, a distance of One Thousand Three
Hundred Twenty One and Sixty Three Hundredths (1,321.63) feet, to the
Southwest comer of said E1I2 NW1I4 SE1I4; thence northerly along the
West line of said E1I2 NW1I4 SE1I4, a distance of One Thousand Three
Hundred Thirteen and Nine Tenths (1,313.9) feet, to the Northwest comer
of said E1I2 NW1I4 SE1I4; thence easterly along the North line of said
E1I2 NW1I4 SE1I4 and the North line of said W1I2 NE1I4 SE1I4, a
distance of One Thousand Three Hundred Twenty One and Eight Tenths
(1,321.8) feet to the place of beginning and containing 39.617 acres more
or less.
SECTION 2. Title to the above described real estate, the public building
including fixtures, equipment and associated apparatus and all structural alterations and additions
I
thereto is held by the Lessor City of Grand Island. In consideration of the covenants and
agreements contained in the Lease Agreement to be performed by the Lessee, the Lessor granted
the State of Nebraska an option to purchase the Lessor's interest in the foregoing property at any
time so long as the Lease Agreement is in effect, at a price equal to the aggregate of: (1) the
amount necessary to pay the principal of and redemption premium, if any, on all bonds
outstanding under the bond ordinance on the earliest possible redemption date under the bond
ordinance, less the balance of the bond fund, the debt service reserve fund and the replacement
fund on such redemption date; (2) the amount necessary to pay interest accrued and to accrue on
all bonds outstanding under the bond ordinance to the date of redemption thereof; and, (3) the
fees and expenses of the trustee and all paying agents for the bonds under the bond ordinance to
and including final payment or redemption of all bonds issued under the bond ordinance. It is
I the intention of the Lessor and Lessee that the purchase price for the above described property
Approved as to Form T cqz;.
June 5,1998 ... City Attorney
- 2 -
ORDINANCE NO. 8385 (Cont.)
I
shall be such amount as will allow the Lessor City of Grand Island to retire in accordance with
the bond ordinance all bonds outstanding thereunder and to pay the Lessor's expenses in
connection with such retirement of bonds, but that no gain or loss shall result to Lessor by reason
of the exercise ofthe Lessee's option to purchase.
SECTION 3. The Lessee State of Nebraska acting on behalf of the Nebraska
Commission on Law Enforcement and Criminal Justice pursuant to the conditions of Section 24
of the Lease Agreement is to exercise its option by delivering to the Lessor of a notice of the
exercise of such option and within 30 days after establishment of the recomputed purchase price,
the Lessor shall convey its interest in the above described property to the Lessee or its designee
upon receipt of such purchase price, and thereupon the Lease Agreement shall cease and
determine. The City of Grand Island has received a notice of exercise of option to purchase from
I the Lessee, the total purchase price has been recompnted and all arrangements necessary for
payment of all bonds issued under the bond ordinance have been made and duly approved by the
Mayor and Council of the City of Grand Island of the Lessor City of Grand Island. The
outstanding bonds have been called and are to be surrendered and redeemed on July 10, 1998.
SECTION 4. Subject to payment by the Lessee State of Nebraska of the option
price in accordance with Section 2 above on July 10, 1998, the conveyance by the City of Grand
Island, Nebraska, a Municipal corporation, to the State of Nebraska, of all the above described
tract of real estate including the public building, fixtures, equipment and associated apparatus
and all structural alterations and additions thereto is hereby authorized and approved.
Conveyance of the above described real estate by the City of Grand Island shall be by warranty
I
deed upon payment of the foregoing consideration. The State of Nebraska shall pay all costs and
recording fees in connection with this transaction.
- 3 -
Approved as to Form "
June 5, 1998 & City Attorney
ORDINANCE NO. 8385 (Cont.)
I
SECTION 5. As provided by law, notice of such conveyance and the terms
thereof shall be published for three consecutive weeks in the Grand Island Independent, a
newspaper published for general circulation in the City of Grand Island. Immediately after the
passage and publication of this ordinance, the City Clerk is hereby directed and instructed to
prepare and publish said notice.
SECTION 6. Authority is hereby granted to the electors of the City of Grand
Island to file a remonstrance against the conveyance of such within described real estate; and if a
remonstrance against such conveyance signed by registered voters of the City of Grand Island
equal in number to thirty percent of the registered voters of the City of Grand Island voting at the
last regular municipal election held in such City be filed with the City Council within thirty days
I of passage and publication of sucb ordinance, said property shall not then, nor within one year
thereafter, be conveyed.
SECTION 7. The conveyance of said real estate is hereby authorized, directed
and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make,
execute and deliver to the State of Nebraska, a warranty deed for said real estate, and the
execution of such deed is hereby authorized without further action on behalf of the City Council.
SECTION 8. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: June 8, 1998.
I
Approved as to Fonn ." ~
June 5, 1998 ... City Attorney
- 4 -
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ORDINANCE NO. 8385 (Cont.)
Attest:
- 5 -
Ken~
Approved as to Form ."
June 5, 1998 ...
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ORDINANCE NO. R3R6
An ordinance to amend Chapter 4 of the Grand Island City Code; to add Section
4- 7.1 pertaining to Special Designated Liquor Licenses; to repeal any ordinance 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. Section 4-7.1 of the Grand Island City Code is hereby added to read
as follows:
94-7.1 Special Designated Liquor Licenses
All applications for a special designated liquor license shall be reviewed administratively,
and approved or denied, in accordance with established criteria adopted by the City of Grand
Island. Any applicant denied a special designated liquor license based on the adopted criteria
may request that such application be heard by the City Council.
SECTION 2. Any ordinance or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: June 8, 1998.
~~
Ken nadt, Mayor
Attest:
Qw
t.
I
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ORDINANCE NO. 8388
An ordinance to amend Chapter 21 of the Grand Island City Code; to amend Sections
21-1 through 21-31 pertaining to Mobile Home Parks; to repeal Sections 21-1 through 21-31 as now
existing; 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. The title to Chapter 21 is hereby changed from "Mobile Homes Parks"
to "Manufactured Homes and Manufactured Home Parks"
SECTION 2. Section 21-1 of the Grand Island City Code be and hereby is amended
to read as follows:
~21-1. Definitions
For the purposes ofthis chapter, the following words and phrases shall have the meanings
respectively ascribed to them in this section:
Chief building official means the legally designated authority of the city or his
authorized representative.
Manufactured Home means a structure, transportable in one or more sections, which,
in the traveling mode, is eight body feet or more in width, and forty body feet or more in
length, or when erected on site is three hundred twenty or more square feet in size and which
is built on a permanent chassis and designed to be used as a dwelling unit with or without
a permanent foundation when connected to the required utilities.
Manufactured home lot means any individually owned plot of ground zoned and
platted so that it is permissible to place a single manufactured home upon it after a permit
is issued by the chief building official or his/her designee. The manufactured home may be
attached to a permanent foundation or basement built in accordance with approved codes.
Manufactured home park means any lot of ground zoned and licensed as such by the
City within which two or more manufactured home spaces are located.
Manufactured home space means an area within a manufactured home park for the
placement of a single manufactured home and reserved for the exclusive use of its occupants.
Manufactured home stand means that facility for the placing of a single manufactured
home and appurtenant structures thereto onto a foundation system designed to resist
horizontal wind pressure of fifteen (15) pounds per square foot minimum and nine (9)
pounds per square foot minimum for uplift, or upon a surface foundation system designed
to resist the same forces.
Approved as to Form .
June 9, 1998
I
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ORDINANCE NO. 8388 (Cont.)
Permit means a written permit issued by the chief building official or his/her designee
promulgated thereunder.
Recreational Vehicle as defined in Section 22-124 of the Grand Island City Code.
Service building means a building housing toilet and bathing facilities for men and
women with laundry facilities and such other facilities as may be required by this chapter.
~21-2. Jurisdiction
It is intended that the provisions of this chapter shall be enforced within the city and in the
two mile area beyond its corporate limits insofar as compliance with regulations is possible.
~21-3. Permit Required
It shall be unlawful for any person to open, conduct, establish or maintain any place or
ground for the purpose of a manufactured home park unless a permit so to do shall have first been
issued by the city.
~21-4. Applications; New Permits
Applications for a manufactured home park permit shall be in writing and signed by the
applicant or authorized agent and shall contain the following:
1. The name and address of the applicant.
2. The interest of the applicant in and the location and legal description of the
manufactured home park.
3. A complete plan of the manufactured home park, showing compliance with all
applicable provisions of this chapter and regulations promulgated thereunder.
4. Such further information as may be requested by the chief building official or
his/her designee to determine that the proposed manufactured home park will comply with
legal requirements.
~21-5. Renewed Permit
Applications for renewal of permits under this chapter shall be made in writing by the holder
of the permit or authorized agent and shall contain the following:
1. Any change in the information submitted since the time the original permit was
issued or the latest renewal granted.
2. Such other information as the proper city officials may require.
~21-6. Park Plan to be Filed
The applicant for a permit required by this chapter or authorized agent shall file with the
chief building official or his/her designee a complete plan showing:
1. The area and dimensions of the tract of land to be used for such manufactured
home park.
2. The number, location, and size of all manufactured home spaces.
3. The location and width of roadways and walkways.
Approved as to Form .
June 9. 1998
2
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ORDINANCE NO. 8388 (Cont.)
4. The location of service buildings and any other proposed structures.
5. The location and size of water and sewer lines.
6. Plans and specifications of all buildings and other improvements constructed or
to be constructed within the manufactured home park.
7. Parks may have spaces for recreational vehicles provided that such spaces shall
be identified on the park plan filed, and shall not exceed twenty percent (20%) of the total
number of spaces. Recreational vehicles shall be limited in duration of stay. No recreational
vehicle shall be allowed to remain in a space for more than one hundred eighty (180) days
within any consecutive three hundred sixty five (365) day period. Any revisions or additions
to such plan must be reviewed and approved by the City as provided in Section 21-7 of this
chapter.
~21-7. Investigation; City Council
Before any permit is issued to construct a manufactured home park, it shall be the duty of the
chief building official or his/her designee to examine the plans and specifications of such park on
file, as well as the proposed premises ascertaining whether or not all ordinances pertaining to zoning,
plumbing, heating, electrical installations, storm water drainage and traffic flows have been observed
and if all regulations of the city concerning the construction and operation of sewer and water mains
and the handling and removal of garbage comply with city ordinances and the laws of the state. The
application for such permit, together with the findings and recommendations of the chief building
official or his/her designee shall then be referred to the city council for its approval or rejection.
~21-8. Permit Fee
If the city council grants such permit required by this chapter to any such applicant, it shall
thereupon direct the chief building official or his/her designee to issue such permit upon prepayment
of a permit fee to the building department, which fee shall be paid annually, as follows:
Category Fee
Park with facilities for 2-3 manufactured homes, . . . . . . . . . . . . . . . . . . . , . . . . .. $25.00
Park with facilities for 4-15 manufactured homes. . . . . . . . . . . . . , . . . . . . . . . . .. $50.00
Park with facilities for 16-25 manufactured homes. . . . . . . . . . . . . . . . . . . . , . . .. $75.00
Park with facilities for 26-50 manufactured homes. . . . . . . . . . . . . . . . . . . . . . .. $100.00
Park with facilities for 51-100 manufactured homes. . . . . . . , . . . . . . . . . . . . . .. $125.00
Park with facilities for over 100 manufactured homes ........,............ $175.00
~21-9. Reserved.
~21-10. Permit; Revocation; Notice; Hearing
If any operator of a manufactured home park to whom a permit has been issued shall
continue to violate the ordinances of a city or the laws of the state pertaining to sanitation, public
Approved as to Form .
June 9, 1998
3
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ORDINANCE NO. 8388 (Cont.)
health and welfare after due notice by the officials of the city or the state of such violation, the city
council shall have the right to revoke such permit to operate such park in the following manner:
A notice shall be served on the person holding such permit, setting forth wherein permittee
has failed to comply with the ordinances of the city or laws of the state and citing permittee to appear
before the city council at a day and hour therein specified, not less than three days after the personal
service of such notice of such permittee or agent in charge of such manufactured home park and
show cause, if any, why such permit should not be revoked or suspended. At the time and place
mentioned in such notice, the permittee shall have the right to appear in person or by counsel and
to introduce evidence.
~21-11. Permit; Transferability
No permit issued under the provisions of this chapter shall be transferable.
~21-12. Permit; Expiration
All permits granted hereunder shall expire on December 31 following the date of issuance
unless sooner revoked.
~21-13. Parking on Private Property
It shall be unlawful for any person to park or permit the parking of any manufactured home
on private or public property unless such property is within an approved zoning district permitting
manufactured homes, or within a permitted manufactured home park or an approved space. A permit
for the placement ofthe manufactured home must be issued by the City Building Department prior
to placement.
Any person engaged in the business of selling manufactured homes and having manufactured
home inventory on the site shall be permitted to use one home on the tract of land where such
established business is conducted for a business office. Such home may be connected to public
utilities.
Nothing contained in this section shall be construed to prevent the keeping and parking of
trailers used for carrying luggage, baggage and boats on private property, nor shall it be construed
to prevent the owner of a trailer used for vacation and camping purposes from storing or keeping the
same on private property if the same is not used for living or sleeping purposes where kept or stored.
~21-14. Semiannual Inspections; Reports
It shall be the duty of the chief building official or his/her designee to inspect all
manufactured home parks now existing in the city and in the area two miles beyond its corporate
limits, and all manufactured home parks hereafter established at least semi-annually. No charge
shall be made for such inspection, and the owners of such manufactured home parks shall be
furnished in writing the results of such inspection.
Approved as to Form. ~
June 9, 1998 . City Attorney
4
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ORDINANCE NO. 8388 (Cont.)
~21-15. Register of Manufactured Homes in Park
The owner or operator of any manufactured home park shall keep a register containing a
record of all manufactured homes within the park to include the name, address, and occupation of
each owner; the make, year, model, width, trade name, and length of each manufactured home; the
present license plate of each manufactured home; and the date of arrival and departure of each
manufactured home. Such record shall at all times be open for inspection to police officials or other
officials of the city.
~21-16. Condition and Repair of Park Grounds
Every person owning, operating or caring for a manufactured home park shall maintain such
park ground, service buildings, baths, or other permanent equipment in connection herewith in a
clean and sanitary condition and shall maintain such equipment in a state of good repair and shall
in all respects comply with all the ordinances ofthe city.
~21-17. Restriction on Location of Parks
It shall be unlawful for any person to erect or conduct a manufactured home park within the
city or in the two-mile area beyond its corporate limits except in districts zoned for that purpose.
~21-18. Location, Area, and General Layout and Improvements
The manufactured home park shall be located on a well-drained site and shall be so located
that its drainage will not endanger any water supply. A Storm Water Drainage Plan shall be
submitted and approved by the Director of Public Works. All such manufactured home parks shall
be in the areas free from marshes, swamp, or other potential breeding places for insects or rodents.
The area of the manufactured home park shall be large enough to accommodate:
(a) The designated number of home spaces
(b) Necessary streets and roadways
(c) Off-street parking of automobiles shall be provided; such spaces shall be hard
surfaced and in the amount of two (2) per dwelling. Parking spaces may be provided on unit
space where trailers are parked, by separate parking areas, or both.
Each manufactured home space shall contain a minimum of three thousand (3,000) square
feet.
Every manufactured home space shall abut on a driveway or other clear area with
unobstructed access to a public street. Such places shall be defined and enumerated.
Manufactured homes shall be parked in such spaces so that there will be a minimum of
fifteen feet between manufactured homes and so that no manufactured home will be less than ten feet
from the exterior boundary of the manufactured home park. It shall be unlawful to locate a
manufactured home less than thirty feet from any state highway, or so that any part of such
manufactured home will obstruct any roadway or walkway in a manufactured home park.
It shall be unlawful to allow any manufactured home to be occupied in a manufactured home
park unless the manufactured home is situated on a manufactured home space.
Approved as to Form . ~
June 9. 1998 . City Attorney
5
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I
I
ORDINANCE NO. 8388 (Cont.)
Access roads shall be provided to each manufactured home space. Each access road shall
provide for continuous forward movement, shall connect with a street or highway, shall have a
minimum width of forty feet, and provide for emergency vehicle access.
All newly constructed roadway, access roads and parking spaces shall be constructed with
a permanent type, dust-free surface such as asphaltic cement concrete, portland cement concrete, or
paving brick.
The ten (10) foot exterior boundary shall be landscaped as per requirements identified in ~36-
36.1 ofthis code.
~21-19. Water Supply
An adequate supply of potable water from the city's water system for drinking and domestic
purposes shall be supplied to meet the requirements of such park ground. Such water supply shall
be connected by pipes to all manufactured home spaces for connection to manufactured home units.
~21-20. Sewage Disposal
Each manufactured home park shall have an adequate connection with the sanitary sewer
system of the city, and there shall be a sanitary sewer connection on each unit space in such park for
connection with manufactured homes when unit spaces are occupied. It is expressly provided that
when such unit spaces are unoccupied the outlet in the sanitary sewer shall be capped by a device
which would require tools to remove.
~21-21. Private Water and Sanitary Sewage Systems
In all cases where manufactured home parks or manufactured home lots are so situated that
connections with the city water main or with sanitary sewer are not available, the private water
supply and sanitary sewer disposal system for such parks or lots shall be located and constructed or
reconstructed to meet the standards of the Uniform Plumbing Code as adopted by the city.
~21-22. Appurtenances; Accessory and Administrative Buildings
All accessory and service buildings shall be detached and located the same as regulations
concerning accessory buildings provided in Chapter 36 of the Grand Island City Code, and shall be
constructed in conformance with the City Building, Plumbing and Electrical codes pursuant to a
permit issued by the Building Department prior to construction. No additions shall be permitted
onto a manufactured home except an add-on unit constructed by a manufacturer of manufactured
homes recognized by the State of Nebraska. Such add-ons shall receive a permit from the Building
Department prior to placement and attachment to the manufactured home and shall be placed onto
a foundation system equal to that which the manufactured home rests upon.
Exceptions:
(A) A one hundred twenty (120.0) square foot or less entry porch (no living space);
(B) Carport or patio cover open on at least three (3) sides;
(C) Manufactured home on a private lot placed upon a permanent foundation.
Approved as to Form . r~
June 9, 1998 cit;" rtt~rney
6
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ORDINANCE NO. 8388 (Cont.)
No additions shall be constructed without first obtaining a permit from the Grand Island Building
Department.
~21-23. Refuse Storage and Collection
The storage, collection and disposal of refuse in the manufactured home park shall be so
managed as to create no health hazards, rodent harborage, insect breeding areas, accident or fire
hazards or air pollution.
All refuse shall be stored in approved containers. Containers shall be provided in sufficient
number and capacity to properly store all refuse.
Racks or holders shall be provided for all refuse containers. Such container racks or holders
shall be so designed as to prevent containers from being tipped, to minimize spillage and container
deterioration, and to facilitate cleaning around them.
All refuse shall be collected at least twice weekly. Where suitable collection service is not
available from municipal or private agencies, the manufactured home park operator shall provide
this service. All refuse shall be collected and transported in covered vehicles or covered containers.
Common use or central collection sites shall be visually screened or fenced.
~21-24. Exterior Electrical and Lighting Facilities
An electrical outlet supplying at least one hundred and fifteen volts shall be provided for each
manufactured home space. The installation shall comply with all applicable state and local electrical
codes and ordinances. Such electrical outlets shall be grounded and weatherproof. No main power
supply line shall be permitted to lie on the ground or to be suspended less than eighteen feet above
the ground.
Streets, driveways and walkways shall be adequately lighted.
~21-25. Manufactured Home Stands and Skirting
If a manufactured home is not placed upon a permanent foundation, the manufactured home
shall then be placed upon a manufactured home stand to provide an adequate and approved
foundation for the positioning of the superstructure against uplift, sliding, rotation, or overturning
in accordance with the manufacturer's specifications.
Skirting shall be required for all manufactured homes placed on a manufactured home stand
unless such unit will be on the manufactured home stand for less than forty-five (45) days. The
skirting shall be sufficient to withstand wind load requirements and shall not provide a harborage
for junk or rodents, nor create a fire hazard. Such skirting shall be provided with removable or
hinged access panels sufficient to provide easy access to all utility connection points of the
manufactured home and its subsequent connection to the utility risers if they are located within the
skirted area.
Approved as to Form . ~
June 9, 1998 . City Attorney
7
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I
ORDINANCE NO. 8388 (Cont.)
~21-26. Dogs, Cats, etc. Running at Large
No owner or person in charge of a dog, cat, or other pet animal shall permit it to run at large
or commit any nuisance within the limits of any manufactured home park.
~21-27. Fuel Storage Tanks
All piping from outside fuel storage tanks or cylinders to manufactured homes shall be
copper or other acceptable tubing and shall be permanently installed and securely fastened in place.
All fuel storage tanks or cylinders shall be securely fastened in place and shall not be located inside
or beneath the manufactured home or less than five feet from any manufactured home exit.
~21-28. Fire Prevention
1. Fire prevention in all manufactured home parks shall be under the direct supervision of
the mayor and city council of the city and its officials charged with the duty of fire prevention in the
city.
2. Manufactured home park areas shall be kept free of litter, rubbish, and other flammable
materials.
3. Portable fire extinguishers of a type approved by the fire prevention authority shall be kept
in service buildings and at all other places designated by such fire prevention authority and shall be
maintained in good operating condition.
~21-29. Authority of Officials to Inspect
All proper officials, agents and employees of the city charged with the duty of inspection of
manufactured home parks or the enforcement of the provisions of this chapter or of repairing and
maintaining the utilities constructed on such park grounds shall have the right and they are hereby
empowered to enter upon the premises of any manufactured home park ground now operating or
which may hereafter be operated within the city or the two-mile area thereto to inspect the same and
all accommodations connected therewith or located thereon and to enforce the provisions of this
chapter.
~21-30. Existing Manufactured Home Parks
This chapter shall not apply to existing mobile home parks, now referred to as manufactured
home parks, in existence prior to March 10, 1975, except in the following instances:
1. Any installation, reconstruction, remodeling, or reconfiguration of manufactured
home spaces, utility connections, streets, sidewalks, or other infrastructure upon which work is
commenced after April 30, 1998, shall comply with all provisions of this chapter.
2. Any placement of a new or different manufactured home on an existing manufactured
home space occurring after April 30, 1998, shall comply with all provisions of this chapter. Under
no circumstances shall the degree of noncompliance with this code be increased as a result of the
location of a new or different manufactured home on a new or existing manufactured home space.
8
Approved as to Form . ~
June 9, 1998 . City Attorney
I
I
I
ORDINANCE NO. 8388 (Cont.)
~21-31. Minimum Construction Code
All manufactured homes and manufactured home parks shall comply with the minimum
housing standards as set forth in Chapter 8 - Buildings, Article VII. Property Maintenance Code of
the City of Grand Island City Code and Title 178 - Nebraska Department of Health, Chapter 5 -
Rules, Regulations and Standards Governing Mobile Home Parks, Section 001, Definitions and
Scope, 005, Utility Systems, 006, Sanitary Conditions and 007, Observance of Regulations. In any
instance in which there is a conflict between the provisions of this chapter and the rules and
regulations of the Nebraska Department of Health, the more stringent provisions shall govern..
SECTION 2. Chapter 21 and Sections 21-1 through 21-31 of the Grand Island City
Code as heretofore existing, and any ordinances or parts of ordinances in conflict herewith, be, and
hereby are, repealed.
SECTION 3. This ordinance shall be in full force and effect from and after its
passage, approval, and publication, in pamphlet form, within fifteen days, as provided by law.
Enacted: June 8, 1998.
Ken~~
ATTEST:
I
Approved as to Form . G5i ~ I
June 9. 1998 . City Attorney
9
I
ORDINANCE NO. 8389
An ordinance to amend Ordinance Nos. 8343 and 8359, known as the Salary
Ordinance which lists the currently occupied classifications of officers and employees of the City
of Grand Island, Nebraska and establishes the ranges of compensation of such officers and
employees; to implement salary ranges for Health Director, Interpreter and Seasonal Workers
within the Department; to update job titles for certain Health Department classifications; to
adjust salary ranges for employees included under the AFSCME labor agreement; to repeal
Ordinance Nos. 8343 and 8359, any ordinance or parts of ordinances in conflict herewith; to
provide for severability; to provide for the effective date thereof; and to provide for publication
of this ordinance in pamphlet form.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
I GRAND ISLAND, NEBRASKA:
SECTION 1. The currently occupied classifications of officers and general
I
employees of the City of Grand Island, and the ranges of compensation (salary and wages,
excluding shift differential as provided by contract) to be paid for such classifications, and the
number of hours and work period which certain officers and general employees shall work prior
to overtime eligibility are as follows:
Classification
Bi- Weekly Pay Range
MinIMax
Overtime
Eligibility
Exempt
Exempt
40 hrs/week
40 hrs/week
40 hrs/week
40 hrs/week
Exempt
Accountant
Accounting Manager
Accounting Technician
Administrative Assistant
Administrative Clerk
Administrative Secretary*
Assistant Finance Director
1055.20/1485.60
1292.00/1817.60
824.80/1160.00
912.00/ 1283.20
651.20/916.00
737.60/1236.80
1419.20/1996.80
Approved as to Form T ~
June 23, 1998 ... City Attorney
ORDINANCE NO. 8389 (Cont.)
I Classification Bi-Weekly Pay Range Overtime
MinIMax Eligibility
Assistant Public Works Director 1461.60/2056.80 Exempt
Assistant Utility Director 1875.20/2639.20 Exempt
Attorney 1454.40/2046.40 Exempt
Audio-Visual Technician 935.20/1316.00 40 hrs/week
Biosolids Technician 803.20/ 1129.60 40 hrs/week
Building Inspections Director 1521.60/2141.60 Exempt
Building Inspector 1009.60/1420.00 40 hrs/week
Cemetery Superintendent 1050.40/1478.40 Exempt
City Administrator 2492.80/3507.20 Exempt
City Attorney 1911.20/2689.60 Exempt
Civil Engineer - Utilities 1454.40/2047.20 Exempt
Civil Engineer I 1064.00/1497.60 Exempt
Civil Engineer II 1260.80/ 1773.60 Exempt
Code Compliance Officer 858.40/ 1208.00 40 hrs/week
I Collection System Supervisor 990.40/ 1393.60 40 hrs/week
Communications Supervisor 870.40/ 1224.80 Exempt
Community Development Director 1406.40 / 1978.40 Exempt
Community Development Technician* 737.60/1120.80 40 hrs/week
Custodian 616.00/866.40 40 hrs/week
Data Processing Manager 1454.40 / 2046.40 Exempt
Data Processing Supervisor 1055.20/1485.60 Exempt
Deputy Fire Chief 1448.00/2037.60 Exempt
Deputy Police Chief 1512.80/2128.80 Exempt
Downtown Development Director 1406.40/1978.40 Exempt
Electric Distribution Superintendent 1672.80/2353.60 Exempt
Electric Distribution Supervisor 1414.40/1989.60 40 hrs/week
Electric Underground & Substation Superintendent 1489.60/2096.00 Exempt
Electrical Engineer I 1221.60/1719.20 Exempt
Electrical Engineer II 1414.40/1989.60 Exempt
I Electrical Inspector 1009.60/1420.00 40 hrs/week
Emergency Management Coordinator 796.80/ 1120.80 40 hrs/week
Emergency Management Director 1521.60/2141.60 Exempt
- 2 - Approved as to Form T
June 23, 1998 ... City Attorney
ORDINANCE NO. 8389 (Cont.)
I Classification Bi-Weekly Pay Range Overtime
MinIMax Eligibility
Engineering Technician Supervisor 1171.20/1648.00 Exempt
Equipment Operator 756.00/1064.00 40 hrs/week
Executive Assistant 912.00/1283.20 40 hrs/week
Finance Director 1911.20 / 2689.60 Exempt
Fire Chief 1720.80/2421.60 Exempt
Fire Marshal 1356.00/1907.20 Exempt
Fire Training Officer 1356.00/1907.20 Exempt
Garage Superintendent 1114.40/1568.00 Exempt
Golf Course Superintendent* 1146.40/1845.69 Exempt
Grounds Management Crew Chief 892.00/1255.20 40 hrs/week
Legal Assistant 976.00/1372.80 40 hrs/week
Legal Secretary 792.00/1115.20 40 hrs/week
Librarian 940.80/1323.20 Exempt
Library Assistant 649.60/913.60 40 hrs/week
I Library Clerk 518.40/729.60 40 hrs/week
Library Director 1484.80/2088.80 Exempt
Library Page* 411.80/687.64 40 hrs/week
Maintenance Mechanic I 767.20/1079.20 40 hrs/week
Maintenance Mechanic II 860.80/1211.20 40 hrs/week
Maintenance Worker I 697.60/981.60 40 hrs/week
Maintenance Worker 11* 733.60/1032.80 40 hrs/week
Meter Reading Supervisor 909.60/1280.00 Exempt
Office Manager 923.20/1299.20 40 hrs/week
Paramedic Supervisor 1356.00/1907.20 Exempt
Parks and Recreation Director 1598.40/2249.60 Exempt
Parks Maintenance Superintendent 1114.40/1568.00 Exempt
Payroll Specialist 844.00/1187.20 40 hrs/week
Personnel Director 1521.60/2141.60 Exempt
Personnel Specialist 844.00/1187.20 40 hrs/week
I Plumbing Inspector 1009.60/1420.00 40 hrs/week
Police Chief 1759.20/2475.20 Exempt
Police Records Clerk 669.60/941.60 40 hrs/week
- 3 - Approved as to Form
June 23, 1998
ORDINANCE NO. 8389 (Cont.)
I Classification Bi-Weekly Pay Range Overtime
MinIMax Eligibility
Power Plant Maintenance Supervisor 1324.00/1863.20 Exempt
Power Plant Operations Supervisor 1391.20/ 1958.40 Exempt
Power Plant Superintendent - Burdick 1391.20/ 1958.40 Exempt
Power Plant Superintendent - PGS 1648.80/2320.80 Exempt
Public Information Officer 848.80/1195.20 40 hrs/week
Public Information/Records Management Director 1260.00/1772.80 Exempt
Public Works Director 1911.20/2689.60 Exempt
Purchasing Technician 737.60/1037.60 40 hrs/week
Recreation Superintendent 1087.20/1529.60 Exempt
Senior Civil Engineer 1454.40/2046.40 Exempt
Senior Electrical Engineer 1454.40/2046.40 Exempt
Senior Engineering Technician 1035.20/ 1456.80 40 hrs/week
Senior Equipment Mechanic 915.20/1287.20 40 hrs/week
Senior Equipment Operator 820.00/1165.60 40 hrs/week
I Senior Library Assistant 716.80/1008.00 40 hrs/week
Senior Maintenance Worker 808.00 / 1136.80 40 hrs/week
Solid Waste Superintendent 1244.80/ 1751.20 Exempt
Street Superintendent 1244.80/ 1751.20 Exempt
Street Supervisor 988.00/ 1390.40 40 hrs/week
TelecommunicatorlEMD 750.40/1056.00 40 hrs/week
Turf Management Specialist 1035.20/1456.80 40 hrs/week
Utility Production Engineer 1574.40/2215.20 Exempt
Utility Director 2174.40/3059.20 Exempt
Utility Services Manager 1292.00/1817.60 Exempt
Utility Warehouse Supervisor 1024.80/1442.40 40 hrs/week
Wastewater Engineering/Operations Superintendent 1454.40/2047.20 Exempt
Wastewater Plant Maintenance Supervisor 1016.00/1429.60 40 hrs/week
Wastewater Plant Operator I 714.40/1005.60 40 hrs/week
Wastewater Plant Operator II 759.20/1068.00 40 hrs/week
I Wastewater Plant Process Supervisor 1041.60/1465.60 40 hrs/week
Wastewater Plant Senior Operator 803.20/1129.60 40 hrs/week
Water Superintendent 1221.60/ 1719.20 Exempt
-4- Approved as to Form T
June 23, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8389 (Cont.)
Classification
Bi-Weekly Pay Range
MinIMax
Overtime
Eligibility
40 hrs/week
Exempt
40 hrs/week
Exempt
Water Supervisor
Worker 1 Seasonal
Worker / Temporary
Youth Services Coordinator
1041.60/1465.60
412.00/1183.20
412.00
808.00/961.60
*Pay Schedule Variation
SECTION 2. The currently occupied classifications of employees of the City of
Grand Island included under the AFSCME labor agreement, and the ranges of compensation
(salary and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
under the AFSCME labor agreement shall work prior to overtime eligibility are as follows:
Classification Bi-Weekly Pay Range Overtime
MinIMax Eligibility
Equipment Mechanic - Streets 833.60 11167.20 40 hrs/week
Equipment Mechanic - Garage 833.60/1167.20 40 hrs/week
Equipment Operator - Streets 744.80/1043.20 40 hrs/week
Fleet Maintenance Technician 742.40/1038.40 40 hrs/week
Shop Attendant 676.80/947.20 40 hrs/week
Horticulturist 787.20 1 1084.80 40 hrs/week
Maintenance Worker I - Cemetery 690.40/972.80 40 hrs/week
Maintenance Worker I - Parks 690.40 1 972.80 40 hrs/week
Maintenance Worker I - Streets 675.20/930.40 40 hrs/week
Maintenance Worker II - Cemetery 738.40/1023.20 40 hrs/week
Maintenance Worker II - Streets 718.40/1000.80 40 hrs/week
Maintenance Worker II - Parks 733.60/1012.00 40 hrs/week
Senior Equipment Operator - Streets 816.00/1123.20 40 hrs/week
Senior Maintenance Worker - Streets 816.00/1123.20 40 hrs/week
- 5 -
Approved as to Form T
June 23, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8389 (Cont.)
SECTION 3. The currently occupied classifications of employees of the City of
Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary
and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
under the IBEW labor agreements shall work prior to overtime eligibility are as follows:
Classification
Bi-Weekly Pay Range Overtime
MinIMax Eligibility
629.60/886.40 40 hrs/week
694.40/977.60 40 hrs/week
765.60/1077.60 40 hrs/week
1001.60/1409.60 40 hrs/week
1217.60/1712.80 40 hrs/week
1217.60/1712.80 40 hrs/week
824.00/1159.20 40 hrs/week
1001.60/1409.60 40 hrs/week
1188.00/1671.20 40 hrs/week
865.60/1217.60 40 hrs/week
1104.00/1553.60 40 hrs/week
953.60 /1342.40 40 hrs/week
1026.40/1444.00 40 hrs/week
729.60/1026.40 40 hrs/week
824.00/1159.20 40 hrs/week
1077.60/1516.00 40 hrs/week
1131.20/1592.00 40 hrs/week
615.20/865.60 40 hrs/week
1077.60/1531.16 40 hrs/week
844.00 /1188.00 40 hrs/week
1131.20/1592.00 40 hrs/week
747.20/1052.00 40 hrs/week
1077.60/1516.00 40 hrs/week
1131.20 /1592.00 40 hrs/week
- 6- Approved as to Form T
June 23, 1998 ... City Attorney
Accounting Clerk I
Accounting Clerk II
Computer Operator / Systems Technician
Computer Programmer
Electric Distribution Crew Chief
Electric Underground & Substation Crew Chief
Engineering Technician I
Engineering Technician II
Instrument Technician
Lineman Apprentice
Lineman First Class
Lineman Second Class
Materials Handler
Meter Reader
Meter Technician
Power Dispatcher I
Power Dispatcher II
Power Plant Custodian
Power Plant Maintenance Mechanic*
Power Plant Operator I
Power Plant Operator II
Senior Accounting Clerk
Senior Engineering Technician
Senior Materials Handler
I
I
I
ORDINANCE NO. 8389 (Cont.)
Classification
Bi-Weekly Pay Range
MinIMax
Overtime
Eligibility
40 hrs/week
40 hrs/week
40 hrs/week
40 hrs/week
40 hrs/week
40 hrs/week
40 hrs/week
40 hrs/week
40 hrs/week
40 hrs/week
40 hrs/week
40 hrs/week
40 hrs/week
40 hrs/week
40 hrs/week
40 hrs/week
40 hrs/week
Senior Meter Reader
Senior Power Dispatcher
Senior Power Plant Operator
Senior Substation Technician
Senior Utilities Operator
Senior Water Maintenance Worker
Substation Technician
Systems Technician
Tree Trim Crew Chief
Utilities Electrician
Utilities Operator
Utility Technician
Utility Warehouse Clerk
Water Maintenance Worker I
Water Maintenance Worker II
Wireman I
Wireman II
784.80/1104.00
1247.20/1755.20
1247.20/1755.20
1188.00/1671.20
1217.60/ 1712.80
886.40/1247.20
1104.00/1553.60
1188.00/1671.20
1104.00/1553.60
1104.00/1553.60
1052.00/1480.00
1188.00/1671.20
784.80/ 1104.00
729.60/1026.40
784.80/1104.00
953.60 / 1342.40
1104.00/1553.60
*Pay Schedule Variation
SECTION 4. The currently occupied classifications of employees of the City of
Grand Island included under the FOP labor agreement, and the ranges of compensation (salary
and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
under the FOP labor agreement shall work prior to overtime eligibility are as follows:
Classification
Bi- Weekly Pay Range
MinIMax
Overtime
Eligibility
40 hrs/week
40 hrs/week
40 hrs/week
Police Captain
Police Officer*
Police Sergeant*
1240.80/ 1746.40
836.80/ 1319.20
1031.20 / 1492.80
*Pay Schedule Variation
- 7 -
Approved as to Form
June 23, 1998
ORDINANCE NO. 8389 (Cont.)
I
SECTION 5. The currently occupied classifications of employees of the City of
Grand Island included under the IAFF labor agreement, and. the ranges of compensation (salary
and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
under the IAFF labor agreement shall work prior to overtime eligibility are as follows:
Classification
Bi-Weekly Pay Range
MinIMax
Fire Captain*
Firefighter / EMT*
Firefighter / Paramedic*
Fire Lieutenant*
1034.64/1558.44
803.52/1217.16
922.32 / 1411.56
922.32/1411.56
*Pay Schedule Variation
Overtime
Eligibility
212 hrs/28 days
212 hrs/28 days
212 hrs/28 days
212 hrs/28 days
SECTION 6. The currently occupied classifications of officers and employees of
I the City of Grand Island within the Planning Department, and the ranges of compensation (salary
and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such officers and
employees within the Planning Department shall work prior to overtime eligibility are as
follows:
Classification
Bi- Weekly Pay Range
MinIMax
1404.00/1780.00
480.00/ 824.00
1093.00/1224.00
Planning Director
Planning Secretary
Planning Technician
Overtime
Eligibility
Exempt
40 hrs/week
40 hrs/week
SECTION 7. The currently occupied classifications of officers and employees of
the City of Grand Island within the Health Department, and the ranges of compensation (salary
I
and wages, excluding shift differential as provided by contract) to be paid for such
- 8 -
Approved as to Form '"
June 23, 1998 ... City Attorney
ORDINANCE NO. 8389 (Cont.)
I
classifications, and the number of hours and work period which certain such officers and
employees within the Health Department shall work prior to overtime eligibility are as follows:
Classification Bi-Weekly Pay Range Overtime
MinIMax Eligibility
Community Health Nurse 1232.00/ 1395.20 40 hrs/week
Environmental Health Specialist 959.20/ 1387.20 40 hrs/week
Health Clerk 426.40 / 668.00 40 hrs/week
Health Director 1727.20/2192.80 Exempt
Interpreter 412.00/730.40 40 hrs/week
Lab Scientist 1628.00 Exempt
Lab Technician / Administrative Secretary 984.80 40 hrs/week
Nutritionist 1150.40/1273.60 40 hrs/week
Public Health Educator 1628.00 Exempt
Seasonal W orker( s) 412.00/1183.20 40 hrs/week
Temporary Worker 412.00 Exempt
I WIC Director 13 79 .20 40 hrs/week
SECTION 8. The classification of employees included under labor agreements
with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift
differential as provided by contract) to be paid for such classification, and the number of hours
and work period which certain such employees shall work prior to overtime eligibility area as
stated above. All full-time fire fighters and police officers shall be paid a clothing and uniform
allowance in addition to regular salary. The range of this allowance is $70 to $76 per month.
Full-time police officers may also receive a reimbursement toward the purchase of body armor,
not to exceed $400, and an annual bilingual pay stipend, not to exceed $300. Full-time fire
fighters may receive a one-time uniform acquisition allowance of $500 and an annual stipend for
I
longevity not to exceed $520. If any such fire fighter or police officer shall resign, or his or her
Approved as to Form T ~
June 23, 1998 ... City Attorney
- 9-
I
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I
ORDINANCE NO. 8389 (Cont.)
employment be terminated for any reason whatsoever, the clothing allowance shall be paid on a
prorata basis, but no allowance shall be made for a fraction of a month.
Utilities Department personnel in the IBEW bargaining unit and the
classifications of Meter Reading Supervisor, Power Plant Superintendent, Power Plant
Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water
Superintendent, Water Supervisor, Electric Underground and Substation Superintendent, Electric
Underground and Substation Supervisor, and Engineering Technical Supervisor shall be eligible
to participate in a voluntary uniform program providing an allowance up to $18.00 per month.
When protective clothing is required for Utilities Department personnel in the IBEW, the City
shall pay 60% of the cost of providing and cleaning said clothing and the employees 40% of said
cost. Public Works Department personnel in the AFSCME bargaining unit shall be eligible to
participate in a voluntary uniform program providing an allowance up to $18 per month. Full-
time Shop Garage Division personnel in the AFSCME bargaining unit shall receive a uniform
allowance of $6 per week. Public Works Department personnel in the job classifications Senior
Equipment Mechanic, Garage Superintendent, and Equipment Mechanic shall receive a tool
allowance of $5 per week.
Parking Monitors may receive a one-time uniform acquisition allowance of $250
upon employment and an annual allowance thereafter of $1 00.
SECTION 9. Employees shall be compensated for unused sick leave as follows:
(A) For all employees except those covered in the fire department bargaining
agreement, the City will include in the second paycheck in January of each year,
payment for an employee's unused sick leave in excess of 960 hours accrued in
the preceding calendar year. The compensation will be at the rate of one-half
- 10-
Approved as to Form T
June 23, 1998 ... City Attorney
ORDINANCE NO. 8389 (Cont.)
I
day's pay based on the employee's current pay rate at the time of such
compensation, for each day of unused sick leave which exceeds 960 hours accrual
of the preceding year.
For those employees covered in the fire department bargaining agreement,
the City will include in the second paycheck in January of each year, payment for
an employee's unused sick leave in excess of 2,880 hours accrued in the
preceding calendar year. The compensation will be at the rate of one-quarter
day's pay based on the employee's current pay rate at the time of such
compensation, for each day of unused sick leave which exceeds 2,880 hours
accrual of the preceding year.
(B) All employees except those covered in the fire department bargaining
I
agreement shall be paid for one-half of their accumulated sick leave at the time of
their retirement, the rate of compensation to be based on the employee's salary at
the time of retirement. Employees covered in the fire department bargaining
agreement shall be paid for one quarter of their accumulated sick leave at the time
of their retirement, the rate of compensation to be based upon the employee's
salary at the time of retirement.
(C) Department heads shall be paid for one-half of their accumulated sick
leave, not to exceed 30 days of pay, upon their resignation, the rate of
compensation to be based upon the salary at the time of termination.
Compensation for unused sick leave at retirement shall be as provided above.
I
- 11 -
Approved as to Form T
June 23, 1998 ... City Attorney
ORDINANCE NO. 8389 (Cont.)
I
(D) The death of an employee shall be treated the same as retirement, and
payment shall be made to the employee's beneficiary or estate for one-half of all
unused sick leave.
SECTION 10. The city administrator shall receive a vehicle allowance of $300
per month in lieu of mileage for use of personal vehicle travel within Hall County, payable
monthly.
SECTION 11. Reimbursed expenses which are authorized by Neb. Rev. Stat.
913-2201, et. seq., the Local Government Miscellaneous Expenditure Act and/or which the
Internal Revenue Service requires to be reflected on an employee IRS Form W-2 at year end, are
hereby authorized as a payroll entry.
SECTION 12. The validity of any section, subsection, sentence, clause, or phrase
I of this ordinance shall not affect the validity or enforceability of any other section, snbsection,
sentence, clause, or phrase thereof.
SECTION 13. Ordinance Nos. 8343 and 8359, and all other ordinances and parts
of ordinances in conflict herewith be, and the same are, hereby repealed.
SECTION 14. The salary adjustments identified above for employees included
under the AFSCME labor agreement shall be effective as of September 29, 1997 in accordance
with the Commission ofIndustrial Relations (CIR) decision dated
SECTION 15. The salary adjustments identified above for employees within the
Health Department shall be implemented with the pay period beginning July 6, 1998.
I
- 12 -
Approved as to Form T
June 23, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8389 (Cont.)
SECTION 16. This ordinance shall be in full force and take effect from and after
its passage and publication in pamphlet form in one issue of the Grand Island Independent as
provided by law.
Enacted: June 22, 1998.
Ken~~
Attest:
- 13 -
Approved as to Form T ~
June 23, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8390
An ordinance to amend Chapter 5 of the Grand Island City Code; to amend
Sections 5-37 and 5-44 pertaining to impoundment of animals; to repeal Sections 5-37 and 5-44
as now existing, and any ordinance 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. Section 5-37 of the Grand Island City Code is hereby amended to
read as follows:
~5-37. Dangerous Animals; Restraint; Impoundment; Confiscation
(A) No owner of a dangerous or potentially dangerous animal shall fail to keep such
animal securely muzzled and restrained by a leash or chain whenever off the owner's property.
(B) Any dangerous animal in violation of ~5-36 or ~5-37 of the Grand Island City Code
may be impounded by humane society officers pending the owner paying the costs of
confinement, licensing and vaccination, if applicable, and demonstrating the ability of complying
with said sections thereafter. Disposition of any dangerous animal impounded for violation of
95-36 or 95-37 shall be governed by 95-44.
(C) Following any second incident which results in impoundment of a dangerous animal,
upon filing of a complaint involving a violation of ~5-36 or ~5-37 ofthe Grand Island City Code
in addition to any other penalty, a court may order the disposal of the dangerous animal by the
humane society.
SECTION 2. Section 5-44 of the Grand Island City Code is hereby amended to
read as follows:
~5-44. Impounded Animals; Disposition
(A) All animals impounded pursuant to ~5-42 shall be retained until redeemed by their
owner upon payment of an impoundment fee in accordance with ~37-19.
(B) All animals impounded pursuant to ~5-43 shall be retained until completion of the
observation period and the determination by a licensed veterinarian that said animal is not
infected with rabies, and then may be redeemed by its owner upon payment of the fees for
impoundment and cost of care as set forth in accordance with ~37-19.
(C) Any animal not claimed by its owner within three clear working days after being
impounded under ~~5-42 or 5-43, shall become the property of the contracting agency and may
be placed for adoption or humanely euthanized by said agency at its discretion. The foregoing
Approved as to Form " ~
June 23, 1998 ... City Attorney
I
ORDINANCE NO. 8390 (Cont.)
time period shall not include the day of impoundment.(D) Any animals determined to have
rabies by a licensed veterinarian shall be destroyed as soon as possible after that determination is
made.
(E) All animals impounded pursuant to 95-37 shall be retained until redeemed by their
owner upon payment of fees for impoundment and cost of care as set forth in accordance with
937-19. Any animal not claimed within three (3) clear working days after being impounded or
such extended period as is granted in writing by the contracting agency to allow the animal's
owner to construct a pen or structure in conformance with 95-36 shall become the property of the
contracting agency and may be placed for adoption or humanely euthanized by said agency at its
discretion. The foregoing time period shall not include the day of impoundment.
(F) No dog or cat impounded under ~5-37, ~5-42 or 95-43 shall be released until said
animal is vaccinated and licensed as required by the provisions of this ordinance.
SECTION 3. Sections 5-37 and 5-44 as now existing, and any ordinances or parts
of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 4. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
I provided by law.
Enacted: June 22, 1998.
KenG~
Attest:
I
Approved as to Form 0 t:]?l:f
June 23, 1998 0 City Attorney
- 2 -
I
* This Space Reserved for Register of Deeds *
ORDINANCE NO. 8391
An ordinance creating Sanitary Sewer District No. 488 of the City of Grand
Island, Nebraska; defining the boundaries thereof; providing for the laying of sanitary sewer
mains in said district; providing for plans and specifications and securing bids; providing for the
assessment of special taxes for constructing such sewer and collection thereof; and providing for
I 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. Sanitary Sewer District No. 488 is hereby created for the
construction of an eight (8) inch sanitary sewer main and appurtenances thereto in a portion
Westwood Park Subdivision and Westwood Park Second Subdivision, in the City of Grand
Island, Hall County, Nebraska.
SECTION 2. The boundaries of such sanitary sewer district shall be as follows:
I
Beginning at the northeast comer of Lot One (1) Westwood Park Subdivision;
thence south along the west right-of-way line of North Road a distance of Five
Hundred Sixty Four (564.0) feet to the southeast comer of Lot Forty Seven (47);
thence west along the south line of Lots Forty Seven (47), Forty Two (42), and
Forty One (41) Westwood Park Subdivision, a distance of Six Hundred Twenty
(620.0) feet to the southwest comer of Lot Forty One (41) Westwood Park
Subdivision; thence south along the east line of Lots Thirty Six (36), Thirty Five
Approved as to Form T ~
July 10, 1998 ~ City Attorney
I
ORDINANCE NO. 8391 (Cont.)
(35), Thirty Four (34), Thirty Three (33), Thirty Two (32), Thirty One (31), and
Thirty (30) Westwood Park Subdivision, a distance of Six Hundred Sixty (660.0)
feet to the northwest corner of Lot Twenty Eight (28) Westwood Park
Subdivision; thence east along the north line of Lots Twenty Eight (28), Twenty
Seven (27), Twenty Six (26), Twenty Five (25), and Twenty Four (24) Westwood
Park Subdivision, a distance of Six Hundred Twenty (620.0) feet to the northeast
corner of Lot Twenty Four (24) Westwood Park Subdivision; thence south along
the west right-of-way line of North Road, a distance of Three Hundred Eighty
Four (384.0) feet to the southeast corner of Lot Twenty Three (23) Westwood
Park Subdivision; thence west along the south line of Westwood Park
Subdivision, a distance of Six Hundred Twenty One and Forty Seven Hundredths
(621.47) feet to the southwest corner of Lot Nineteen (19) Westwood Park
Subdivision; thence south on a line One Hundred Seventy Four (174.0) feet east
of and parallel to the prolongation of the east right-of-way line of Sweetwood
Drive, a distance of Two Hundred Fifteen (215.0) feet to the south right-of-way
line of "proposed" Faidley A venue; thence west along the south right-of-way line
of "proposed" Faidley Avenue, a distance of Four Hundred Four (404.0) feet to a
point Two Hundred Thirty Three (233.0) feet south of the southwest comer of Lot
Seventeen (17) Westwood Park Subdivision and One Hundred Seventy (170.0)
feet west of and parallel to the prolongation of the west right-of-way line of
Sweetwood Drive; thence north a distance of Two Hundred Thirty Three (233.0)
feet to the southwest comer of Lot Seventeen (17) Westwood Park Subdivision;
thence north along the west line of Westwood Park Subdivision, a distance of Six
Hundred Sixty (660.0) feet to the north right-of-way line of Elmwood Drive;
thence east a distance of Fifteen (15.0) feet to the southwest comer of Lot Twelve
(12) Westwood Park Subdivision; thence north a distance of One Hundred Thirty
(130.0) feet to the northwest comer of Lot Twelve (12) Westwood Park
Subdivision; thence east a distance of Thirty Five (35.0) feet to the southwest
comer of Lot Eleven (11) Westwood Park Subdivision; thence north along the
west side of Westwood Park Subdivision, a distance of Four Hundred (400.0) feet
to the southwest comer of Lot Nine (9) Westwood Park Subdivision; thence west
along the south line of Westwood Park Second Subdivision, a distance of Nine
Hundred Fifty Four (954.0) feet to the southwest comer of Lot Eight (8)
Westwood Park Second Subdivision; thence southwest a distance of Three
Hundred Eighty Eight and One Tenth (388.1) feet along the east line of Lots Nine
(9), Ten (10), and Eleven (11) Westwood Park Second Subdivision to the
northeast comer of Lot Twelve (12) Westwood Park Second Subdivision; thence
south on the prolongation of the east line of Lot Twelve (12) Westwood Park
Second Subdivision, a distance of Four Hundred Forty (440.0) feet to the south
right-of-way line of "proposed" Faidley Avenue; thence west along the south
right-of-way line of the "proposed" Faidley Avenue, a distance of Three Hundred
Ninety One and Three Hundredths (391.03) feet to a point Three Hundred Thirty
(330.0) feet south of the southwest comer of Lot Thirteen (13) Westwood Park
Second Subdivision on the prolongation of the west line of Westwood Park
Second Subdivision; thence north a distance of Three Hundred Thirty (330.0) feet
I
I
Approved as to Fonn T ar-
July 10, 1998 ... City Attorney
- 2 -
I
I
I
ORDINANCE NO. 8391 (Cont.)
to the southwest corner of Lot Thirteen (13) Westwood Park Second Subdivision;
thence north a distance of Eight Hundred (800.0) feet to the northwest corner of
Lot Nineteen (19) Westwood Park Second Subdivision; thence east a distance of
Twenty Five Hundred Eighty and Fifty Seven Hundredths (2580.57) feet along
the north line of Westwood Park Second Subdivision and Westwood Park
Subdivision to the point of beginning, all as shown on the attached plat dated July
2, 1998, marked "Exhibit "A" and incorporated herein by reference.
SECTION 3. Said improvement shall be made in accordance with plans and
specifications prepared by the Engineer for the City who shall estimate the cost thereof, and
submit the same to the City Council, and upon approval of the same, bids for the construction of
such sanitary sewer shall be taken and contracts entered into in the manner provided by law.
SECTION 4. The cost of construction of such improvement shall be assessed
against the property within the district abutting upon the easement or other right-of-way within
which such sanitary sewer main will be constructed within such sewerage district, to the extent
of benefits to such property by reason of such improvement, and a special tax shall be levied at
one time to pay for such cost of construction as soon as can be ascertained, as provided by law;
and, provided further, such special tax and assessments shall constitute a sinking fund for the
payment of any bonds with interest, issued for the purpose of paying the cost of such sewer in
such district; such special assessments shall be paid and collected in a fund to be designated and
known as the Sewer and Water Extension Fund, and out of which all warrants issued for the
purpose of paying the cost of sanitary sewer shall be paid.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval and publication, without the plat, as provided by law.
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds of Hall County, Nebraska.
-3-
Approved as to Form T
July 10, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8391 (Cont.)
SECTION 7. After passage, approval and publication of this ordinance without
the plat, notice of the creation of said district shall be published in the Grand Island Independent,
a legal newspaper published and of general circulation in said City, as provided by law.
Enacted: July 13, 1998.
Ken~
Attest:
-4-
Approved as to Form T gr-
July 10, 1998 ... 1 Attorney
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I
* This Space Reserved for Register of Deeds *
ORDINANCE NO. 8392
An ordinance to vacate Greenwich Street between Charles Street and Koenig
Street; to vacate the adjoining sixty six (66.0) feet of alley westerly from Greenwich Street; to
vacate the adjoining alley easterly from Greenwich to Clark Street; to revert the property to
I adjoining property owners; to provide for filing 1his ordinance with the office of the Register of
Deeds of Hall County; 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. That Greenwich Street between Charles Street and Koenig Street,
and adjoining alleys, more particularly described as follows:
I
Beginning at the northeast comer of Lot One (1), Block One Hundred Thirty Two
(132) Koenig and Wiebe's Addition, said point also being the intersection of the
west line of Greenwich Street and the south line of Koenig Street; thence easterly
on a prolongation of the south line of Koenig Street for a distance of Eighty (80.0)
feet; thence south on the east line of Greenwich Street for a distance of One
Hundred Thirty Two (132.0) feet; thence east on a line One Hundred Thirty Two
(132.0) feet south of and parallel to the south line of Koenig Street for a distance
of Two Hundred Sixty Four (264.0) feet to the west line of Clark Street; thence
south on the west line of Clark Street for a distance of Sixteen (16.0) feet; thence
west on a line One Hundred Forty Eight (148.0) feet south of and parallel to the
south line of Koenig Street for a distance of Two Hundred Sixty Four (264.0) feet
Approved as to Form T c.QC
July 10, 1998 ... City Attorney
I
I
I
I
ORDINANCE NO. 8392 (Cont.)
to the east line of Greenwich Street; thence southerly on the east line of
Greenwich Street for a distance of One Hundred Thirty Two (132.0) feet to the
north line of Charles Street; thence westerly on a prolongation of the north line of
Charles Street for a distance of Eighty (80.0) feet to the west line of Greenwich
Street; thence northerly on the west line of Greenwich Street for a distance of One
Hundred Thirty Two (132.0) feet; thence westerly on a line One Hundred Forty
Eight (148.0) feet south of and parallel to the south line of Koenig Street for a
distance of Sixty Six (66.0) feet to the northeast comer of Lot Seven (7), Block
One Hundred Thirty One (131) Koenig and Wiebe's Addition; thence northerly
on a line Sixty Six (66.0) feet west of and parallel to the west line of Greenwich
Street for a distance of Sixteen (16.0) feet to the southwest comer of Lot One (1),
Block One Hundred Thirty One (131), Koenig and Wiebe's Addition; thence
easterly on a line One Hundred Thirty Two (132.0) feet south of and parallel to
the south line of Koenig Street for a distance of Sixty Six (66.0) feet to the west
line of Greenwich Street; thence northerly on the west line of Greenwich Street
for a distance of One Hundred Thirty Two (132.0) feet to the point of beginning,
as shown on the plat dated July 7, 1998, marked Exhibit "A" attached hereto and
incorporated herein by reference,
be, and hereby is, vacated, provided and conditioned that the City of Grand Island hereby
reserves the following described property (as shown on Exhibit "A") for sewer, electric, storm
drainage, gas, and other public utilities easements and all rights and appurtenances thereto:
Commencing at the northeast comer of Block One Thirty Two (132), of Koenig
and Wiebe's Addition, Original Town, Grand Island, Hall County, Nebraska, said
point being the Point of Beginning; thence N 89045'50" E along the south right-
of-way line of Koenig Street a distance of Twenty (20.0) feet; thence S 00008'19"
E and parallel to the east line of Block One Thirty Two (132) a distance of One
Hundred Forty Two and Twenty Six Hundredths (142.26) feet; thence N
89051'41" E and perpendicular to said easement a distance of Thirty Six and
Ninety Seven Hundredths (36.97) feet; thence S 00000'00" E a distance of Twenty
and Six Hundredths (20.06) feet; thence S 89051'41" W a distance of Fifty Six
and Ninety Two Hundredths (56.92) feet to the east line of Block One Thirty Two
(132); thence N 00008'19" W along the east line of Block One Thirty Two (132) a
distance of One Hundred Sixty Two and Twenty Nine Hundredths (162.29) feet,
to the point of beginning; AND
Commencing at the northeast comer of Lot Eight (8), Block One Thirty Two
(132) Koenig and Wiebe's Addition, Original Town, Grand Island, Hall County,
Nebraska, said point being the Point of Beginning; thence west a distance of Sixty
Six (66.0) feet to the northwest comer of said Lot Eight (8); thence north a
distance of Sixteen (16.0) feet to the southwest comer of Lot One (1), Block One
- 2-
Approved as to Form T
July 10, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8392 (Cont.)
Thirty Two (132), Koenig and Wiebe's Addition; thence east a distance of Sixty
Six (66.0) feet; thence south a distance of Sixteen (16.0) feet to the point of
beginning.
SECTION 2. The title to the above-described property vacated by Section 1 of
this ordinance shall revert to the owner or owners of real estate abutting the same in proportion
to the respective ownership of real estate.
SECTION 3. The sixteen foot wide easement being retained in the alleyway west
of Greenwich Street as set out herein is presently bordered with a two (2.0) foot wide easement
on each side as acquired by the City of Grand Island on June 8, 1998, pursuant to Resolution 98-
139, thereby resulting in a twenty (20.0) foot wide easement.
SECTION 4. This ordinance is directed to be filed in the office of the Register of
Deeds of Hall County, Nebraska.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: July 13, 1998.
Attest:
- 3 -
Approved as to Form T
July 10,1998 ...City Attorney
I
V//1
~
AREA TO BE VACATED
AREA TO BE RETAINED FOR
EASEMENT
EXH I BI T" A"
CITY OF GRAND ISLAND . NEBR.
ENGINEERING DEPARTMENT
I PLAT TO ACCOMPANY ORDINANCE I
NO. 8392
I SCALE 1"=100' L.D.C. 7/7/98 I
I
ORDINANCE NO. 8393
An ordinance to amending the Future Land Use Plan Map for the existing
Commercial Development Zone of a tract of land comprising of Conestoga Mall Fifth
Subdivision Amended, located in the East Half of the Southeast Quarter (EI/2 SEl/4) of Section
Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in the City of
Grand Island, Hall County, Nebraska; directing that such amendment be shown on the Official
Zoning Map of the City of Grand Island; amending the Official Zoning Map provided by Section
36-7; and to provide for publication and the effective date ofthis ordinance.
WHEREAS, the Regional Planning Commission on July 1, 1998, held a public
hearing and made a recommendation approving the proposed amendment to Future Land Use
Plan Map for a tract of land comprising of Conestoga Mall Fifth Subdivision Amended, located
I
in the East Half of the Southeast Quarter (El/2 SE1/4) of Section Twelve (12), Township Eleven
(11) North, Range Ten (10) West of the 6th P.M. in the City of Grand Island, Hall County,
Nebraska; and
WHEREAS, notice as required by Neb. Rev. Stat. 919-923, R.R.S. 1943, has been
given to the Board of Education of School District No.2 in Hall County, Nebraska; and
WHEREAS, after public hearing on July 13, 1998, the City Council found that the
amendment will continue the future successful functioning of the commercial redevelopment of
the area, and determined that the amendment should be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The existing Future Land Use Plan Map for the CD-Commercial
I Development Zone comprising of Conestoga Mall Fifth Subdivision Amended, located in the
Approved as to Form '" ~
July 10,1998 ... City ttorney
I
I
I
ORDINANCE NO. 8393 (Cont.)
East Half of the Southeast Quarter (E1I2 SE1/4) of Section Twelve (12), Township Eleven (11)
North, Range Ten (10) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska
be amended to enlarge the building which houses the Country Kitchen restaurant.
SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska
as established by Section 36-7 of the Grand Island City Code be, and the same hereby is, ordered
to be changed, amended and completed in accordance with this ordinance.
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: July 13, 1998.
Ken
Attest:
~
41'\, ~A'v/y~
rtwright, City Clef
- 2 -
Approved as to Form T CfIl::"
July 10, 1998 '" City Attorney
I
* This Space Reserved for Register of Deeds *
ORDINANCE NO. 8394
An ordinance assessing and leyving a special tax to pay the cost of construction of
I Water Main District No. 425 of the City of Grand Island, Nebraska; providing for the collection
of such special tax; repealing any provising of the Grand Island City Code, ordinances, and 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 cost of construction of said
water main in said Water Main District No. 425, as adjudged by the Mayor and Council of the
City, to the extent of benefits thereto by reason of such improvement, after due notice having
I
been given thereof as provided by law; and a special tax for such cost of construction is hereby
levied at one time upon such lots, tracts and land as follows:
Approved as to Form T C6>'
July 10,1998 ... City Attorney
ORDINANCE NO. 8394 (Cont.)
I
Name
Description
Assessment
Grand Island Area Habitat for Humanity Lot 5, Block 14, Meth's Addition
$ 981.47
Grand Island Area Habitat for Humanity Lot 6, Block 14, Meth's Addition
981.47
Grand Island Area Habitat for Humanity Lot 7, Block 14, Meth's Addition
981.47
Ira L. & Lorraine J. Simmons Lot 13, Block 15, Meth's Addition
981.47
Ira L. & Lorraine J. Simmons Lot 14, Block 15, Meth's Addition
981.47
Project costs not subject to assessments
4,907.31
TOTAL
$ 9,814.66
SECTION 2. The special tax shall become delinquent as follows: One-fifth of
the total amount shall become delinquent in fifty days; one-fifth in one year; one-fifth in two
I years; one-fifth in three years; and one-fifth in four years, respectively, after the date of such
levy; provided, however, the entire amount so assessed and levied against any lot, tract or parcel
of land may be paid within fifty days from the date of this levy without interest, and the lien of
special tax thereby satisfied and released. Each of said installments, except the first, shall draw
interest at the rate of seven percent (7.0%) per annum from the time of such levy until they shall
become delinquent. After the same become delinquent, interest at the rate of fourteen percent
(14.0%) per annum shall be paid thereof, until the same is collected and paid.
SECTION 3. The 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
I
as the "Sewer and Water Extension Fund" for Water Main District No. 425.
- 2 -
Approved as to Form T
July 10, 1998 A City Attorney
I
I
I
ORDINANCE NO. 8394 (Cont.)
SECTION 5. Any provision of the Grand Island City Code, and any provision of
any ordinance, or part of 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, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: July 13, 1998.
~d
Ken adt, Mayor r-
Attest:
- 3 -
Approved as to Form T t:::.(flT
July 10, 1998 .A City Attorney
I
I
I
ORDINANCE NO. 8395
An ordinance to create Sidewalk District No.1, 1998; to define the district where
sidewalks are to be constructed; to provide for the construction or repair of such sidewalks
within the district by paving and all incidental work in connection therewith; and to provide for
publication and the effective date of this ordinance.
WHEREAS, the Mayor and Council of the City of Grand Island have heretofore
by Resolution 98-189 passed by a three-fourths vote of all members of the Council determined
the necessity for certain sidewalk improvements, pursuant to Section 19-2417, R.R.S., 1943, and
Section 32-58 of the Grand Island City Code; and
WHEREAS, certain property owners have failed to construct sidewalks within the
time specified; and
WHEREAS, it is the determination of this Council that such sidewalks should be
constructed by the district method.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Sidewalk District No.1, 1998, of the City of Grand Island,
Nebraska, is hereby created.
SECTION 2. The district where sidewalks shall be constructed shall include the
following lots and parcels of ground:
. North and south side of 10th Street from the existing sidewalk west of the Burlington
Northern Railroad to St. Paul Road
. Lot 10, Block 2, Brentwood 2nd Subdivision
. North and south side of 4th Street from the existing sidewalk west and east of the Burlington
Northern Railroad
Approved as to Form T &r
July 24, 199B ... City Attorney
I
I
I
ORDINANCE NO. 8395 (Cont.)
. Lot 115, Hawthorne Place Subdivision
. Lot 16, Jamson Subdivision
. Lots 1 and 5, Park Gardens 2nd Subdivision
. Lot 18, Geer Subdivision
. North 115.9 feet of the south 140.9 feet of Lots 15 and 16, Geer Subdivision
. Lot 1 Weinert Subdivision
. Lot 1, Block 87, Wheeler & Bennett's Fourth Addition
. Lot 1, Eastside Subdivision
. Lot 127 and the north 24 feet of Lot 128, Hawthorne Place Subdivision
. East 148.5 feet of the west 290 feet ofthe north 66 feet of Lot 11, Vantine Subdivision
. East 135 feet of the north 66 feet of Lot 11, Vantine Subdivision
. Lots 47 48, 140, 150 and 151, Belmont Addition
. Lot 2, Block 26, Packer & Barr's 2nd Addition
. Lot 8, Block 29, Packer & Barr's 2nd Addition
. Lot 16, Block 1, Brentwood 2nd Subdivision
. WlI/2 of Lot 1, Block 2, Packer & Barr's Addition
. Lot 11, Block 1, Brentwood 3rd Subdivision
. North 25 feet of Lot 17, Block 1, Olde Mill Subdivision
. Lot 24, Block 20, Ashton Place
. Part of the SW1I4 NE1I4
. Lot 3, Faidley Place Subdivision
. Lot 9, Grace Lutheran Church Subdivision
. Lot 43, Castle Estates Subdivision
. Lot 17, Block 2, Brentwood 2nd Subdivision
- 2 -
Approved as to Form T
July 24, 1998 A City Attorney
ORDINANCE NO. 8395 (Cont.)
I
. Lots 1,2,3,4, and 5, NuView Subdivision
. Lots 1 and 2, Bellwood Subdivision
. East 25 feet of Lot 10 and Lot 11, Pleasantview 7th Subdivision
· Lots 4,5,6, 7, 8, 9, 10, 11, 12, 13, 14, and 15, Nottingham Estates Subdivision
SECTION 3. The sidewalks in the district shall be constructed or repaired by
paving and all incidental work in connection therewith; said improvements shall be made in
accordance with plans and specifications prepared by the Public Works Department for the City
and approved by the Mayor and City Council.
SECTION 4. The improvements shall be made at public cost, but the cost thereof
shall be assessed upon the lots and lands in the district specially benefited thereby as provided by
I Section 19-2418, R.R.S. 1943.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval and publication as provided by law.
Enacted: July 27, 1998.
~~4'
Ken 6nadt, Mayor
Attest:
I
Approved as to Form T tI:'J(l?::'
July 24, 1998 .... City Attorney
- 3 -
I
I
I
ORDINANCE NO. 8396
An ordinance to extend the boundaries and include within the corporate limits of,
and to annex to the City of Grand Island, Nebraska, a tract of land comprising a part of Section
Five (5), Township Ten (10) North, Range Nine (9) West of the 6th P.M., and a part of Section
One (1), Township Ten (10) North, Range Ten (10) West of the 6th P.M. in Hall County,
Nebraska, more particularly described herein; to provide service benefits thereto; to confirm
zoning classifications; to repeal any ordinance or resolutions or parts of thereof in conflict
herewith; to provide for publication in pamphlet form; and to provide the effective date of this
ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. It is hereby found and determined that:
(A) A tract of land comprising a part of Section Five (5), Township Ten (10)
North, Range Nine (9) West of the 6th P.M., and a part of Section One (1), Township Ten (10)
North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska, hereinafter more
particularly described, is urban and suburban and not agricultural and rural in character, and that
the subject property is contiguous and adjacent to the corporate limits of said City.
(B) That the subject real estate will receive material benefits and advantages
including police, fire, and snow removal benefits due to annexation to the City of Grand Island,
Nebraska, and that City water service will be available as provided by law.
(C) The various zoning classifications of the subject tract of land shown on the
Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed.
I
Approved as to Form T ~
September 29, 1998 "" City Attorney
I
I
I
ORDINANCE NO. 8396 (Cont.)
(D) There is unity of interest in the use of the said tract of land and streets with
the use of lots and streets in the City, and the community convenience and welfare in the interest
of the said City will be enhanced through incorporating the subj ect tract of land and streets
within the corporate limits of the City of Grand Island.
(E) The plan for extending City services, as adopted by the City Council by the
passage and approval of Resolution No. 98-200, be and is hereby approved and ratified.
SECTION 2. That the boundaries of the City of Grand Island, Nebraska, be and
are hereby extended to include within the corporate limits of the said City the contiguous and
adjacent tract of land described as follows:
Beginning at a point on the east right-of-way line of U.S. Highway 281, said point
also being the southwest comer of Stuhr Museum Subdivision; thence westerly a
distance of Two Hundred Five (205.0) feet, more or less, to the westerly right-of-
way line of U.S. Highway 281; thence southerly on the west right-of-way line of
U.S. Highway 281 to the south line of Section Thirty Six (36), Township Eleven
(11) North, Range Ten (10) West of the 6th P.M., said line also being the north
line of Section One (1), Township Ten (10) North, Range Ten (10) West of the 6th
P.M.; thence continuing south on the west right-of-way line of U.S. Highway 281
for a distance of Sixteen Hundred Sixty Nine and Four Tenths (1,669.40) feet;
thence running west on the U.S. Highway 281 right-of-way line a distance of
Sixty (60.0) feet; thence running south on the west right-of-way line of U.S.
Highway 281, a distance of Thirty Six Hundred Eleven and Two Tenths
(3,611.20) feet, more or less, to the south line of said Section One (1), Township
Ten (10) North, Range Ten (10) West, said point also being the north line of
Section Twelve (12), Township Ten (10) North, Range Ten (10) West; thence
continuing south a distance of Forty (40.0) feet to the south right-of-way line of
Wildwood Drive; thence east on the south right-of-way line of Wildwood Drive
and the prolongation thereof, to the east line of Section Twelve (12), said point
also being the west line of Section Eight (8), Township Ten (10) North, Range
Nine (9) West; thence continuing east to the east right-of-way line of U.S.
Highway 281; thence north on the east right-of-way line of U.S. Highway 281 a
distance of Seven (7.0) feet to a point Thirty Three (33.0) feet south of the north
line of said Section Eight (8), said point also being the south right-of-way line of
Wildwood Drive; thence running east on the south right-of-way line of Wildwood
Drive to the west line of Greenscape Inc. Subdivision; thence running south a
distance of Seven (7.0) feet; thence running east on the south right-of-way line of
Wildwood Drive to the east line of Greenscape Inc. Subdivision; thence running
- 2-
Approved as to Form T CI(f1S'
October 22, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8396 (Cont.)
north a distance of Seven (7.0) feet; thence running east on a line Thirty Three
(33.0) feet south of and parallel to the north line of said Section Eight (8) to a
point Fifty Two (52.0) feet, more or less, west of the east line of the Northwest
Quarter (NW'i4) of Section Eight (8); thence north on a line parallel to the east
line ofthe Northwest Quarter (NW'i4) of Section Eight (8) to the north line of said
Section, said point also being on the south line of the Southwest Quarter (SW'i4)
of Section Five (5), Township Ten (10) North, Range Nine (9) West; thence
continuing north on a line being the westerly right-of-way line of the Union
Pacific Railroad right-of-way to a point on the north line of the Southeast Quarter
of the Southwest Quarter (SE'i4 SW'i4) of Section Five (5), said point being Sixty
Two and Four Tenths (62.40) feet west of the northeast comer of the Southeast
Quarter of the Southwest Quarter (SE'i4 SW'i4) of Section Five (5); thence west a
distance of Twelve Hundred Sixty Nine and Fifty One Hundredths (1,269.51) feet
to the northwest comer of the Southeast Quarter of the Southwest Quarter (SE'i4
SW'i4) of Section Five (5); thence north along the east line of the Northwest
Quarter of the Southwest Quarter (NW'i4 SW'i4) of Section Five (5) to the
southeast comer ofthe Southwest Quarter of the Northwest Quarter (SW'i4 NW'i4)
of Section Five (5); thence continuing north on the east line of the Southwest
Quarter of the Northwest Quarter (SW'i4 NW'i4) of Section Five (5) to the
northeast comer of the Southwest Quarter ofthe Northwest Quarter (SW'i4 NW'i4)
of Section Five (5); thence west on the north line of the Southwest Quarter of the
Northwest Quarter (SW'i4 NW'i4) of Section Five (5) to a point Sixty (60.0) feet
east of the east right-of-way line of U.S. Highway 281; thence continuing north
on a straight line Sixty (60.0) feet east of and parallel to the east right-of-way line
of U.S. Highway 281, extending to the north line of Section Five (5), said point
also being on the south line of Section Thirty Two (32), Township Eleven (11)
North, Range Nine (9) West; thence continuing north on the prolongation of the
last described course, a distance of Thirty Three (33.0) feet; thence running west
Thirty Three (33.0) feet north of and parallel to the south line of Section Thirty
Two (32) to the east right-of-way line of U.S. Highway 281; thence running north
on the east right-of-way line of U.S. Highway 281 to the southwest comer of
Stuhr Museum Subdivision, also being the point of beginning.
Said tract of land includes Brennan Subdivision, Platte Valley Industrial Park
Subdivision, RJ. Olson Subdivision, Cleary Subdivision, and Timm's
Subdivision.
SECTION 3. That the aforesaid-described tract of land and streets are hereby
annexed to the City of Grand Island, Hall County, Nebraska, and said lands and the businesses
thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens
and benefits of other persons and territory included within the City of Grand Island, Nebraska.
- 3 -
Approved as to Form T CJql)
October 22, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8396 (Cont.)
SECTION 4. That the owners of the land so brought within the corporate limits
of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, ways
and alleys that are presently platted and laid out in and through said real estate in conformity
with and continuous with the streets, ways and alleys of such City.
SECTION 5. That a certified copy of this Ordinance be filed on record in the
office of the Register of Deeds of Hall County, Nebraska.
SECTION 6. Upon taking effect of this Ordinance, the police, fire and snow
removal services of said City shall be furnished to the tract of land and as provided by law, in
accordance with the plan for extension of city services adopted by Resolution 98-200.
SECTION 7. That all ordinances and resolutions or parts thereof in conflict
herewith are hereby repealed.
SECTION 8. This ordinance shall be in full force and effect from and after its
passage, approval and publication, in pamphlet form, as provided by law.
Enacted: September 28, 1998.
Attest:
CvJwn' f-
- 4-
Approved as to Form T C);!f'C
October 22, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8396
An ordinance to extend the boundaries and include within the corporate limits of,
and to annex to the City of Grand Island, Nebraska, a tract of land comprising a part of Section
Five (5), Township Ten (10) North, Range Nine (9) West of the 6th P.M., and a part of Section
One (1), Township Ten (10) North, Range Nine (9) West of the 6th P.M. in Hall County,
Nebraska, more particularly described herein; to provide service benefits thereto; to confirm
zoning classifications; to repeal any ordinance or resolutions or parts of thereof in conflict
herewith; to provide for publication in pamphlet form; and to provide the effective date of this
ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. It is hereby found and determined that:
(A) A tract of land comprising a part of Section Five (5), Township Ten (10)
North, Range Nine (9) West of the 6th P.M., and a part of Section One (1), Township Ten (10)
North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, hereinafter more
particularly described, is urban and suburban and not agricultural and rural in character, and that
the subject property is contiguous and adjacent to the corporate limits of said City.
(B) That the subject real estate will receive material benefits and advantages
including police, fire, and snow removal benefits due to annexation to the City of Grand Island,
Nebraska, and that City water service will be available as provided by law.
(C) The various zoning classifications of the subject tract of land shown on the
Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed.
Approved as to Form T ~
August 6, 1998 A City ltorney
I
I
I
ORDINANCE NO. 8396 (Cont.)
(D) There is unity of interest in the use of the said tract of land and streets with
the use of lots and streets in the City, and the community convenience and welfare in the interest
of the said City will be enhanced through incorporating the subject tract of land and streets
within the corporate limits of the City of Grand Island.
(E) The plan for extending City services, as adopted by the City Council by the
passage and approval of Resolution No. 98-200, be and is hereby approved and ratified.
SECTION 2. That the boundaries of the City of Grand Island, Nebraska, be and
are hereby extended to include within the corporate limits of the said City the contiguous and
adjacent tract of land described as follows:
Beginning at a point on the east right-of-way line of U.S. Highway 281, said point
also being the southwest comer of Stuhr Museum Subdivision; thence westerly a
distance of Two Hundred Five (205.0) feet, more or less, to the westerly right-of-
way line of U.S. Highway 281; thence southerly on the west right-of-way line of
U.S. Highway 281 to the south line of Section Thirty Six (36), Township Eleven
(11) North, Range Ten (10) West of the 6th P.M., said line also being the north
line of Section One (1), Township Ten (10) North, Range Ten (10) West ofthe 6th
P.M.; thence continuing south on the west right-of-way line of U.S. Highway 281
for a distance of Sixteen Hundred Sixty Nine and Four Tenths (1,669.40) feet;
thence running west on the U.S. Highway 281 right-of-way line a distance of
Sixty (60.0) feet; thence running south on the west right-of-way line of U.S.
Highway 281, a distance of Thirty Six Hundred Eleven and Two Tenths
(3,611.20) feet, more or less, to the south line of said Section One (1), Township
Ten (10) North, Range Ten (10) West, said point also being the north line of
Section Twelve (12), Township Ten (10) North, Range Ten (10) West; thence
continuing south a distance of Forty (40.0) feet to the south right-of-way line of
Wildwood Drive; thence east on the south right-of-way line of Wildwood Drive
and the prolongation thereof, to the east line of Section Twelve (12), said point
also being the west line of Section Eight (8), Township Ten (10) North, Range
Nine (9) West; thence continuing east to the east right-of-way line of U.S.
Highway 281; thence north on the east right-of-way line of U.S. Highway 281 a
distance of Seven (7.0) feet to a point Thirty Three (33.0) feet south of the north
line of said Section Eight (8), said point also being the south right-of-way line of
Wildwood Drive; thence running east on the south right-of-way line of Wildwood
Drive to the west line of Greenscape Inc. Subdivision; thence running south a
distance of Seven (7.0) feet; thence running east on the south right-of-way line of
Wildwood Drive to the east line of Greenscape Inc. Subdivision; thence running
- 2 -
Approved as to Form T ~
August 6, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8396 (Cont.)
north a distance of Seven (7.0) feet; thence running east on a line Thirty Three
(33.0) feet south of and parallel to the north line of said Section Eight (8) to a
point Fifty Two (52.0) feet, more or less, west of the east line of the Northwest
Quarter (NWl!4) of Section Eight (8); thence north on a line parallel to the east
line of the Northwest Quarter (NWl!4) of Section Eight (8) to the north line of said
Section, said point also being on the south line of the Southwest Quarter (SWl!4)
of Section Five (5), Township Ten (10) North, Range Nine (9) West; thence
continuing north on a line being the westerly right-of-way line of the Union
Pacific Railroad right-of-way to a point on the north line of the Southeast Quarter
of the Southwest Quarter (SEl!4 SWl!4) of Section Five (5), said point being Sixty
Two and Four Tenths (62.40) feet west of the northeast comer of the Southeast
Quarter of the Southwest Quarter (SEl!4 SWl!4) of Section Five (5); thence west a
distance of Twelve Hundred Sixty Nine and Fifty One Hundredths (1,269.51) feet
to the northwest comer of the Southeast Quarter of the Southwest Quarter (SEl!4
SWl!4) of Section Five (5); thence north along the east line of the Northwest
Quarter of the Southwest Quarter (NWl!4 SWl!4) of Section Five (5) to the
southeast comer of the Southwest Quarter of the Northwest Quarter (SWl!4 NWl!4)
of Section Five (5); thence continuing north on the east line of the Southwest
Quarter of the Northwest Quarter (SWl!4 NWl!4) of Section Five (5) to the
northeast comer of the Southwest Quarter of the Northwest Quarter (SWl!4 NWl!4)
of Section Five (5); thence west on the north line of the Southwest Quarter of the
Northwest Quarter (SWl!4 NWl!4) of Section Five (5) to a point Sixty (60.0) feet
east of the east right-of-way line of U.S. Highway 281; thence continuing north
on a straight line Sixty (60.0) feet east of and parallel to the east right-of-way line
of U.S. Highway 281, extending to the north line of Section Five (5), said point
also being on the south line of Section Thirty Two (32), Township Eleven (11)
North, Range Nine (9) West; thence continuing north on the prolongation of the
last described course, a distance of Thirty Three (33.0) feet; thence running west
Thirty Three (33.0) feet north of and parallel to the south line of Section Thirty
Two (32) to the east right-of-way line of U.S. Highway 281; thence running north
on the east right-of-way line of U.S. Highway 281 to the southwest comer of
Stuhr Museum Subdivision, also being the point of beginning.
Said tract of land includes Brennan Subdivision, Platte Valley Industrial Park
Subdivision, RJ. Olson Subdivision, Cleary Subdivision, and Timm's
Subdivision.
SECTION 3. That the aforesaid-described tract of land and streets are hereby
annexed to the City of Grand Island, Hall County, Nebraska, and said lands and the businesses
thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens
and benefits of other persons and territory included within the City of Grand Island, Nebraska.
- 3 -
Approved as to Form T
August 6, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8396 (Cont.)
SECTION 4. That the owners of the land so brought within the corporate limits
of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, ways
and alleys that are presently platted and laid out in and through said real estate in conformity
with and continuous with the streets, ways and alleys of such City.
SECTION 5. That a certified copy of this Ordinance be filed on record in the
office of the Register of Deeds of Hall County, Nebraska.
SECTION 6. Upon taking effect of this Ordinance, the police, fire and snow
removal services of said City shall be furnished to the tract of land and as provided by law, in
accordance with the plan for extension of city services adopted by Resolution 98-200.
SECTION 7. That all ordinances and resolutions or parts thereof in conflict
herewith are hereby repealed.
SECTION 8. This ordinance shall be in full force and effect from and after its
passage, approval and publication, in pamphlet form, as provided by law.
Enacted: August 10, 1998.
Ken Gnadt, Mayor
Attest:
Cindy K. Cartwright, City Clerk
Adopted on First Reading August 10, 1998.
- 4 -
Approved as to Form T Ctj"Z:J-
August 6, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8396
An ordinance to extend the boundaries and include within the corporate limits of,
and to annex to the City of Grand Island, Nebraska, a tract of land comprising a part of Section
Five (5), Township Ten (10) North, Range Nine (9) West of the 6th P.M., and a part of Section
One (1), Township Ten (10) North, Range Nine (9) West of the 6th P.M. in Hall County,
Nebraska, more particularly described herein; to provide service benefits thereto; to confirm
zoning classifications; to repeal any ordinance or resolutions or parts of thereof in conflict
herewith; to provide for publication in pamphlet form; and to provide the effective date of this
ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. It is hereby found and determined that:
(A) A tract of land comprising a part of Section Five (5), Township Ten (10)
North, Range Nine (9) West of the 6th P.M., and a part of Section One (1), Township Ten (10)
North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, hereinafter more
particularly described, is urban and suburban and not agricultural and rural in character, and that
the subject property is contiguous and adjacent to the corporate limits of said City.
(B) That the subject real estate will receive material benefits and advantages
including police, fire, and snow removal benefits due to annexation to the City of Grand Island,
Nebraska, and that City water service will be available as provided by law.
(C) The various zoning classifications of the subject tract of land shown on the
Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed.
Approved as to Form T ~
September 10, 1998 ... Clty,ll; torney
I
I
I
ORDINANCE NO. 8396 (Cont.)
(D) There is unity of interest in the use of the said tract of land and streets with
the use of lots and streets in the City, and the community convenience and welfare in the interest
of the said City will be enhanced through incorporating the subject tract of land and streets
within the corporate limits of the City of Grand Island.
(E) The plan for extending City services, as adopted by the City Council by the
passage and approval of Resolution No. 98-200, be and is hereby approved and ratified.
SECTION 2. That the boundaries of the City of Grand Island, Nebraska, be and
are hereby extended to include within the corporate limits of the said City the contiguous and
adjacent tract of land described as follows:
Beginning at a point on the east right-of-way line of U.S. Highway 281, said point
also being the southwest corner of Stuhr Museum Subdivision; thence westerly a
distance of Two Hundred Five (205.0) feet, more or less, to the westerly right-of-
way line of U.S. Highway 281; thence southerly on the west right-of-way line of
U.S. Highway 281 to the south line of Section Thirty Six (36), Township Eleven
(11) North, Range Ten (10) West of the 6th P.M., said line also being the north
line of Section One (1), Township Ten (10) North, Range Ten (10) West of the 6th
P.M.; thence continuing south on the west right-of-way line of U.S. Highway 281
for a distance of Sixteen Hundred Sixty Nine and Four Tenths (1,669.40) feet;
thence running west on the U.S. Highway 281 right-of-way line a distance of
Sixty (60.0) feet; thence running south on the west right-of-way line of U.S.
Highway 281, a distance of Thirty Six Hundred Eleven and Two Tenths
(3,611.20) feet, more or less, to the south line of said Section One (1), Township
Ten (10) North, Range Ten (10) West, said point also being the north line of
Section Twelve (12), Township Ten (10) North, Range Ten (10) West; thence
continuing south a distance of Forty (40.0) feet to the south right-of-way line of
Wildwood Drive; thence east on the south right-of-way line of Wildwood Drive
and the prolongation thereof, to the east line of Section Twelve (12), said point
also being the west line of Section Eight (8), Township Ten (10) North, Range
Nine (9) West; thence continuing east to the east right-of-way line of U.S.
Highway 281; thence north on the east right-of-way line of U.S. Highway 281 a
distance of Seven (7.0) feet to a point Thirty Three (33.0) feet south of the north
line of said Section Eight (8), said point also being the south right-of-way line of
Wildwood Drive; thence running east on the south right-of-way line of Wildwood
Drive to the west line of Greenscape Inc. Subdivision; thence running south a
distance of Seven (7.0) feet; thence running east on the south right-of-way line of
Wildwood Drive to the east line of Greenscape Inc. Subdivision; thence running
- 2 -
Approved as to Form T cq-c I
September 10, 1998 A City Attorney
I
I
I
ORDINANCE NO. 8396 (Cont.)
north a distance of Seven (7.0) feet; thence running east on a line Thirty Three
(33.0) feet south of and parallel to the north line of said Section Eight (8) to a
point Fifty Two (52.0) feet, more or less, west of the east line of the Northwest
Quarter (NWl/4) of Section Eight (8); thence north on a line parallel to the east
line of the Northwest Quarter (NWl/4) of Section Eight (8) to the north line of said
Section, said point also being on the south line of the Southwest Quarter (SWY-i)
of Section Five (5), Township Ten (10) North, Range Nine (9) West; thence
continuing north on a line being the westerly right-of-way line of the Union
Pacific Railroad right-of-way to a point on the north line of the Southeast Quarter
of the Southwest Quarter (SEl/4 SWl/4) of Section Five (5), said point being Sixty
Two and Four Tenths (62.40) feet west of the northeast corner of the Southeast
Quarter of the Southwest Quarter (SEY-i SWl/4) of Section Five (5); thence west a
distance of Twelve Hundred Sixty Nine and Fifty One Hundredths (1,269.51) feet
to the northwest corner of the Southeast Quarter of the Southwest Quarter (SEl/4
SWl/4) of Section Five (5); thence north along the east line of the Northwest
Quarter of the Southwest Quarter (NWl/4 SWl/4) of Section Five (5) to the
southeast corner ofthe Southwest Quarter ofthe Northwest Quarter (SWl/4 NWl/4)
of Section Five (5); thence continuing north on the east line of the Southwest
Quarter of the Northwest Quarter (SWl/4 NWY-i) of Section Five (5) to the
northeast corner of the Southwest Quarter of the Northwest Quarter (SWl/4 NWl/4)
of Section Five (5); thence west on the north line of the Southwest Quarter of the
Northwest Quarter (SWY-i NWY-i) of Section Five (5) to a point Sixty (60.0) feet
east of the east right-of-way line of U.S. Highway 281; thence continuing north
on a straight line Sixty (60.0) feet east of and parallel to the east right-of-way line
of U.S. Highway 281, extending to the north line of Section Five (5), said point
also being on the south line of Section Thirty Two (32), Township Eleven (11)
North, Range Nine (9) West; thence continuing north on the prolongation of the
last described course, a distance of Thirty Three (33.0) feet; thence running west
Thirty Three (33.0) feet north of and parallel to the south line of Section Thirty
Two (32) to the east right-of-way line of U.S. Highway 281; thence running north
on the east right-of-way line of U.S. Highway 281 to the southwest corner of
Stuhr Museum Subdivision, also being the point of beginning.
Said tract of land includes Brennan Subdivision, Platte Valley Industrial Park
Subdivision, R.J. Olson Subdivision, Cleary Subdivision, and Timm's
Subdivision.
SECTION 3. That the aforesaid-described tract of land and streets are hereby
annexed to the City of Grand Island, Hall County, Nebraska, and said lands and the businesses
thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens
and benefits of other persons and territory included within the City of Grand Island, Nebraska.
- 3 -
Approved as to Form T
September 10, 1998 .. City Attorney
I
I
I
ORDINANCE NO. 8396 (Cont.)
SECTION 4. That the owners of the land so brought within the corporate limits
of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, ways
and alleys that are presently platted and laid out in and through said real estate in conformity
with and continuous with the streets, ways and alleys of such City.
SECTION 5. That a certified copy of this Ordinance be filed on record in the
office of the Register of Deeds of Hall County, Nebraska.
SECTION 6. Upon taking effect of this Ordinance, the police, fire and snow
removal services of said City shall be furnished to the tract of land and as provided by law, in
accordance with the plan for extension of city services adopted by Resolution 98-200.
SECTION 7. That all ordinances and resolutions or parts thereof in conflict
herewith are hereby repealed.
SECTION 8. This ordinance shall be in full force and effect from and after its
passage, approval and publication, in pamphlet form, as provided by law.
Enacted: September 14, 1998.
Ken Gnadt, Mayor
Attest:
Cindy K. Cartwright, City Clerk
This Ordinance was tabled at the September 14, 1998 City Council
Meeting.
- 4-
Approved as to Form T
September 10, 1998 ~ City Attorney
I
I
I
ORDINANCE NO. 8396
An ordinance to extend the boundaries and include within the corporate limits of,
and to annex to the City of Grand Island, Nebraska, a tract of land comprising a part of Section
Five (5), Township Ten (10) North, Range Nine (9) West of the 6th P.M., and a part of Section
One (1), Township Ten (10) North, Range Nine (9) West of the 6th P.M. in Hall County,
Nebraska, more particularly described herein; to provide service benefits thereto; to confirm
zoning classifications; to repeal any ordinance or resolutions or parts of thereof in conflict
herewith; to provide for publication in pamphlet form; and to provide the effective date of this
ordinance.
BE IT ORDAINED BY THE MA YOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. It is hereby found and determined that:
(A) A tract of land comprising a part of Section Five (5), Township Ten (10)
North, Range Nine (9) West of the 6th P.M., and a part of Section One (1), Township Ten (10)
North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, hereinafter more
particularly described, is urban and suburban and not agricultural and rural in character, and that
the subject property is contiguous and adjacent to the corporate limits of said City.
(B) That the subject real estate will receive material benefits and advantages
including police, fire, and snow removal benefits due to annexation to the City of Grand Island,
Nebraska, and that City water service will be available as provided by law.
(C) The various zoning classifications of the subject tract of land shown on the
Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed.
Approved as to Form T ~
September 25. 1998 ... City ttorney
I
I
I
ORDINANCE NO. 8396 (Cont.)
(D) There is unity of interest in the use of the said tract of land and streets with
the use of lots and streets in the City, and the community convenience and welfare in the interest
of the said City will be enhanced through incorporating the subject tract of land and streets
within the corporate limits of the City of Grand Island.
(E) The plan for extending City services, as adopted by the City Council by the
passage and approval of Resolution No. 98-200, be and is hereby approved and ratified.
SECTION 2. That the boundaries of the City of Grand Island, Nebraska, be and
are hereby extended to include within the corporate limits of the said City the contiguous and
adjacent tract of land described as follows:
Beginning at a point on the east right-of-way line of U.S. Highway 281, said point
also being the southwest comer of Stuhr Museum Subdivision; thence westerly a
distance of Two Hundred Five (205.0) feet, more or less, to the westerly right-of-
way line of U.S. Highway 281; thence southerly on the west right-of-way line of
U.S. Highway 281 to the south line of Section Thirty Six (36), Township Eleven
(11) North, Range Ten (10) West of the 6th P.M., said line also being the north
line of Section One (1), Township Ten (10) North, Range Ten (10) West ofthe 6th
P.M.; thence continuing south on the west right-of-way line of U.S. Highway 281
for a distance of Sixteen Hundred Sixty Nine and Four Tenths (1,669.40) feet;
thence running west on the U.S. Highway 281 right-of-way line a distance of
Sixty (60.0) feet; thence running south on the west right-of-way line of U.S.
Highway 281, a distance of Thirty Six Hundred Eleven and Two Tenths
(3,611.20) feet, more or less, to the south line of said Section One (1), Township
Ten (10) North, Range Ten (10) West, said point also being the north line of
Section Twelve (12), Township Ten (10) North, Range Ten (10) West; thence
continuing south a distance of Forty (40.0) feet to the south right-of-way line of
Wildwood Drive; thence east on the south right-of-way line of Wildwood Drive
and the prolongation thereof, to the east line of Section Twelve (12), said point
also being the west line of Section Eight (8), Township Ten (10) North, Range
Nine (9) West; thence continuing east to the east right-of-way line of U.S.
Highway 281; thence north on the east right-of-way line of U.S. Highway 281 a
distance of Seven (7.0) feet to a point Thirty Three (33.0) feet south of the north
line of said Section Eight (8), said point also being the south right-of-way line of
Wildwood Drive; thence running east on the south right-of-way line of Wildwood
Drive to the west line of Greenscape Inc. Subdivision; thence running south a
distance of Seven (7.0) feet; thence running east on the south right-of-way line of
Wildwood Drive to the east line of Greenscape Inc. Subdivision; thence running
- 2 -
Approved as to Form T ~
September 25, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8396 (Cont.)
north a distance of Seven (7.0) feet; thence running east on a line Thirty Three
(33.0) feet south of and parallel to the north line of said Section Eight (8) to a
point Fifty Two (52.0) feet, more or less, west of the east line of the Northwest
Quarter (NWY<i) of Section Eight (8); thence north on a line parallel to the east
line of the Northwest Quarter (NWY<i) of Section Eight (8) to the north line of said
Section, said point also being on the south line of the Southwest Quarter (SWY<i)
of Section Five (5), Township Ten (10) North, Range Nine (9) West; thence
continuing north on a line being the westerly right-of-way line of the Union
Pacific Railroad right-of-way to a point on the north line of the Southeast Quarter
of the Southwest Quarter (SEY<i SWY<i) of Section Five (5), said point being Sixty
Two and Four Tenths (62.40) feet west of the northeast comer of the Southeast
Quarter ofthe Southwest Quarter (SEY<i SWY<i) of Section Five (5); thence west a
distance of Twelve Hundred Sixty Nine and Fifty One Hundredths (1,269.51) feet
to the northwest comer of the Southeast Quarter of the Southwest Quarter (SE Y<i
SWY<i) of Section Five (5); thence north along the east line of the Northwest
Quarter of the Southwest Quarter (NWY<i SWY<i) of Section Five (5) to the
southeast comer ofthe Southwest Quarter ofthe Northwest Quarter (SWY<i NWY<i)
of Section Five (5); thence continuing north on the east line of the Southwest
Quarter of the Northwest Quarter (SWY<i NWY<i) of Section Five (5) to the
northeast comer of the Southwest Quarter ofthe Northwest Quarter (SWY<i NWY<i)
of Section Five (5); thence west on the north line ofthe Southwest Quarter of the
Northwest Quarter (SWY<i NWY<i) of Section Five (5) to a point Sixty (60.0) feet
east of the east right-of-way line of U.S. Highway 281; thence continuing north
on a straight line Sixty (60.0) feet east of and parallel to the east right-of-way line
of U.S. Highway 281, extending to the north line of Section Five (5), said point
also being on the south line of Section Thirty Two (32), Township Eleven (11)
North, Range Nine (9) West; thence continuing north on the prolongation of the
last described course, a distance of Thirty Three (33.0) feet; thence running west
Thirty Three (33.0) feet north of and parallel to the south line of Section Thirty
Two (32) to the east right-of-way line of U.S. Highway 281; thence running north
on the east right-of-way line of U.S. Highway 281 to the southwest comer of
Stuhr Museum Subdivision, also being the point of beginning.
Said tract of land includes Brennan Subdivision, Platte Valley Industrial Park
Subdivision, R.J. Olson Subdivision, Cleary Subdivision, and Timm's
Subdivision.
SECTION 3. That the aforesaid-described tract of land and streets are hereby
annexed to the City of Grand Island, Hall County, Nebraska, and said lands and the businesses
thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens
and benefits of other persons and territory included within the City of Grand Island, Nebraska.
- 3 -
Approved as to Form T
September 25, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8396 (Cont.)
SECTION 4. That the owners of the land so brought within the corporate limits
of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, ways
and alleys that are presently platted and laid out in and through said real estate in conformity
with and continuous with the streets, ways and alleys of such City.
SECTION 5. That a certified copy of this Ordinance be filed on record in the
office of the Register of Deeds of Hall County, Nebraska.
SECTION 6. Upon taking effect of this Ordinance, the police, fire and snow
removal services of said City shall be furnished to the tract of land and as provided by law, in
accordance with the plan for extension of city services adopted by Resolution 98-200.
SECTION 7. That all ordinances and resolutions or parts thereof in conflict
herewith are hereby repealed.
SECTION 8. This ordinance shall be in full force and effect from and after its
passage, approval and publication, in pamphlet form, as provided by law.
Enacted: September 28, 1998.
~ /7
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- 7hf?-~
K~Gna:dt, Mayor
Attest:
IJul
- 4-
Approved as to Fonn T ~
September 25, 1998 .... City Attorney
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ORDINANCE NO. 8397
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use classification of a tract of land comprising all of
Meadowlark West Second Subdivision, and the Southeast Quarter of the Northeast Quarter (SElf4
NElf4) of Section Thirteen (13), Township Eleven (11), Range Ten (10) North, (except the tract
measuring 356 feet x 320 feet in southeast corner), in the City of Grand Island, Hall County,
Nebraska, from TA-Transitional Agriculture Zone and CD-Commercial Development Zone to
B2-General Business Zone; directing the such zoning change and classification be shown on the
Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and
providing for publication and an effective date of this ordinance.
WHEREAS, the Regional Planning Commission on August 5, 1998, held a public
hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to
the Board of Education of School District No.2 in Hall County, Nebraska; and
WHEREAS, after public hearing on August 10, 1998, the City Council found and
determined the change in zoning be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The tract of land described as the a portion of Lots One (1) and
Four (4), Meadowlark West Second Subdivision in the City of Grand Island, Hall County,
Nebraska, more particularly described as follows:
Beginning at the Northwest corner of said Lot Four (4); thence easterly along and
upon the north line of said Lots Four (4) and One (1) a distance of five hundred
seventy-five (575.0) feet; thence southerly parallel with the west line of said Lot
Four (4) a distance of six hundred eighty-one and eight-one hundredths (681.81)
Approved as to Fonn 0 qr:-
August 6, 1998 0 City Attorney
I
I
I
ORDINANCE NO. 8397 (Cont.)
feet; thence westerly parallel with the north line of said Lots One (1) and Four (4)
a distance of five hundred seventy-five (575.0) feet to a point on the west line of
said Lot Four (4); thence northerly along and upon the west line of said Lot Four
(4) a distance of six hundred eighty-one and eighty-one hundredths (681.81) feet
to the point of beginning, and containing 9.000 acres, more or less, as shown on
the attached map;
is hereby rezoned and reclassified and changed from CD-Commercial Development Zone to B2-
General Business Zone
SECTION 2. The tract of land described as Meadowlark West Second
Subdivision and the Southeast Quarter of the Northeast Quarter (SEl!4 NEl!4) of Section Thirteen
(13), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., except that portion
described in Section 1 above, and except that tract measuring 356 feet x 320 feet in the southwest
comer, all in the City of Grand Island, Hall County, Nebraska, as shown on the attached map, is
hereby rezoned and reclassified and changed from TA-Transitional Agriculture Zone to B2-
General Business Zone.
SECTION 3. The Official Zoning Map of the City of Grand Island, Nebraska, as
established by Section 36-7 of the Grand Island City Code be, and the same is, hereby ordered to
be changed, amended, and completed in accordance with this ordinance.
SECTION 4. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: August 10, 1998.
Ken Gnadt, Mayor
Attest:
This Ordinance was tabled by the City Council at the August 10, 1998
Cindy K. Cartwright, City Clerk City Counc i 1 Meet i ng I
- 2 -
Approved as to Form 0 ~
August 6, 1998 0 Ci Attorney
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I
ORDINANCE NO. 8397
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use classification of a tract of land comprising all of
Meadowlark West Second Subdivision, and the Southeast Quarter of the Northeast Quarter (SElf4
NElf4) of Section Thirteen (13), Township Eleven (11), Range Ten (10) North, (except the tract
measuring 356 feet x 320 feet in southeast comer), in the City of Grand Island, Hall County,
Nebraska, from TA-Transitional Agriculture Zone and CD-Commercial Development Zone to
B2-General Business Zone; directing the such zoning change and classification be shown on the
Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and
providing for publication and an effective date of this ordinance.
WHEREAS, the Regional Planning Commission on October 7, 1998, held a
public hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to
the Board of Education of School District No.2 in Hall County, Nebraska; and
WHEREAS, after public hearing on October 12, 1998, the City Council found
and determined the change in zoning be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The tract of land described as the a portion of Lots One (1) and
Four (4), Meadowlark West Second Subdivision in the City of Grand Island, Hall County,
Nebraska, more particularly described as follows:
Beginning at the Northwest comer of said Lot Four (4); thence easterly along and
upon the north line of said Lots Four (4) and One (1) a distance of five hundred
seventy-five (575.0) feet; thence southerly parallel with the west line of said Lot
Four (4) a distance of six hundred eighty-one and eight-one hundredths (681.81)
Approved as to Form 0 ~
October 8, 1998 0 City J\ttomey
I
I
I
ORDINANCE NO. 8397 (Cont.)
feet; thence westerly parallel with the north line of said Lots One (1) and Four (4)
a distance of five hundred seventy-five (575.0) feet to a point on the west line of
said Lot Four (4); thence northerly along and upon the west line of said Lot Four
(4) a distance of six hundred eighty-one and eighty-one hundredths (681.81) feet
to the point of beginning, and containing 9.000 acres, more or less, as shown on
the attached map;
is hereby rezoned and reclassified and changed from CD-Commercial Development Zone to B2-
General Business Zone
SECTION 2. The tract of land described as Meadowlark West Second
Subdivision and the Southeast Quarter of the Northeast Quarter (SElf,.. NElf,..) of Section Thirteen
(13), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., except that portion
described in Section 1 above, and except that tract measuring 356 feet x 320 feet in the southwest
comer, all in the City of Grand Island, Hall County, Nebraska, as shown on the attached map, is
hereby rezoned and reclassified and changed from TA-Transitional Agriculture Zone to B2-
General Business Zone.
SECTION 3. The Official Zoning Map of the City of Grand Island, Nebraska, as
established by Section 36-7 of the Grand Island City Code be, and the same is, hereby ordered to
be changed, amended, and completed in accordance with this ordinance.
SECTION 4. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: October 12, 1998.
Form Dti~
98 0 1 Attorney
-2-
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I
ORDINANCE NO. 8398
An ordinance to rezone a certain tract of land within the zoning jurisdiction of the
City of Grand Island; to revert the land use classification of a tract of land comprising a part of
the Northwest Quarter (NW%) of Section Thirteen (13), Township Eleven (11) North, Range
Ten (10) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, from RD
Residential Development Zone to T A - Transitional Agriculture Zone; to change the land use
classification of a tract of land comprising a part of the Northwest Quarter (NW%) of Section
Thirteen (13), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in the City of
Grand Island, Hall County, Nebraska, from CD-Commercial Development Zone to T A-
Transitional Agriculture Zone; to direct that such zoning change and classification be shown on
the Official Zoning Map of the City of Grand Island; to amend the provisions of Section 36-7 of
I the Grand Island City Code; and to provide for publication and the effective date of this
ordinance.
WHEREAS, the above property was rezoned from T A-Transitional Agriculture
Zone to RD-Residential Development Zone and CD-Commercial Development Zone by
Ordinance 8205, enacted on June 10, 1996, to construct 252 apartment dwelling units and one
office building on the property; and
WHEREAS, over twenty five months have elapsed after City Council approval of
such zoning change; and
WHEREAS, the construction of footings and foundations for such project has not
be completed; and
I
Approved as to Form T ~
August 6, 1998 A City Attorney
I
I
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ORDINANCE NO. 8398 (Cont.)
WHEREAS, Grand Island City Code Section 36-30 requires that upon failure to
complete such construction within eighteen months, the entire property shall revert to its former
zoning classification; and
WHEREAS, the Regional Planning Commission on August 5, 1998, held a public
hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to
the Board of Education of the Grand Island Public Schools in Hall County, Nebraska; and
WHEREAS, after public hearing on August 10, 1998, the City Council found and
determined that the change in zoning be approved and made.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. A tract of land comprising a part of the Northwest Quarter
(NW%) of Section Thirteen (13), Township Eleven (11) North, Range Ten (10) West of the 6th
P.M. in the City of Grand Island, Hall County, Nebraska, more particularly described as follows:
Beginning at a point on the north line of said Northwest Quarter (NW%), said
point being Three Hundred Eighty (380.0) feet west of the northeast comer of said
Northwest Quarter (NW%); thence southerly, parallel with the east line of said
Northwest Quarter (NW%), a distance of Three Hundred Forty Five (345.0) feet;
thence easterly, parallel with the north line of said Northwest Quarter (NW%), a
distance of Three Hundred (300.0) feet; thence southerly parallel with the east
line of said Northwest Quarter (NW%), a distance of Eight Hundred Fifty Five
(855.0) feet; thence westerly parallel with the north line of said Northwest Quarter
(NW1/4), a distance of Six Hundred (600.0) feet; thence northerly, parallel with
the east line of said Northwest Quarter (NW%), a distance of One Thousand Two
Hundred (1200.0) feet to a point on the north line of said Northwest Quarter
(NW%); thence easterly along and upon the north line of said Northwest Quarter
(NW%), a distance of Three Hundred (300.0) feet to the point of beginning and
containing 14.151 acres, more or less, of which 0.34 acres is public road right-of-
way,
- 2 -
Approved as to Form T ~
August 6, 1998 ... City ttorney
ORDINANCE NO. 8398 (Cont.)
I
be reverted and reclassified from RD-Residential Development Zone to TA-Transitional
Agriculture Zone classification.
SECTION 2. A tract ofland comprising a part of the Northwest Quarter (NW%)
of Section Thirteen (13), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in
the City of Grand Island, Hall County, Nebraska, more particularly described as follows:
Beginning at a point on the north line of said Northwest Quarter (NW%), said
point being Eighty (80.0) feet west of the northeast comer of said Northwest
Quarter (NW%); thence southerly, parallel with the east line of said Northwest
Quarter (NW%), a distance of Three Hundred Forty Five (345.0) feet; thence
westerly, parallel with the north line of said Northwest Quarter (NW%), a
distance of Three Hundred (300.0) feet; thence northerly, parallel with the east
line of said Northwest Quarter (NW1/4), a distance of Three Hundred Forty Five
(345.0) feet to a point on the north line of said Northwest Quarter (NW%); thence
easterly along and upon the north line of said Northwest Quarter (NW1/4), a
distance of Three Hundred (300.0) feet to the point of beginning and containing
2.375 acres, more or less, of which 0.34 acres is public road right-of-way,
I be reverted and reclassified from CD-Commercial Development Zone to TA-Transitional
Agriculture Zone classification.
SECTION 3. That the Official Zoning Map of the City of Grand Island,
Nebraska, as established by Section 36-7 of the Grand Island City Code, be, and the same is,
hereby ordered to be changed, amended, and completed in accordance with this ordinance.
SECTION 4. That Ordinance No. 8205 and all ordinances and parts of
ordinances in conflict herewith are hereby repealed.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
I
Approved as to Fonn T eq-z:r-
August 6, 1998 ... City Attorney
- 3 -
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I
ORDINANCE NO. 8398 (Cont.)
Enacted: August 10, 1998.
Attest:
~
- 4-
Approved as to Form T
August 6, 1998 A City Attorney
I
. This Space Reserved for Register of Deeds.
ORDINANCE NO. 8399
An ordinance to direct and authorize the conveyance of a tract of land comprising
of Lot Three (3), Block Ninety Six (96), Original Town Second Subdivision in the City of Grand
Island, Hall County, Nebraska; to provide for the giving of notice of such conveyance and the
I terms thereof; to provide the right to file a remonstrance against such conveyance; 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. The conveyance to STEVEN A. MANOLIDIS and LINDA L.
MANOLIDIS, husband and wife, of a tract of land comprising of Lot Three (3), Block Ninety
Six (96), Original Town Second Subdivision in the City of Grand Island, Hall County, Nebraska,
is hereby authorized and approved.
SECTION 2. The consideration for such conveyance shall be Twenty Five
Dollars ($25.00) and the completion of improvements to the property as set out in Buyers'
I
proposal. Conveyance of the real estate above described shall be by Warranty Deed, upon
delivery of the consideration. The Warranty Deed shall be held in escrow with the City Clerk
.,-
Approved as to Form T ~
August 6, 1998 ... City ttorney
ORDINANCE NO.8399 (Cont.)
I
until such project completion. A title insurance policy is not required to be furnished by the
City.
SECTION 3. Steven A. Manolidis and Linda L. Manolidis, as buyers, shall
develop the real estate for commercial use in accordance with the proposal to purchase, which
proposal is on file with the Community Development Department, together with final plans for
said redevelopment approved by the Community Development Department and the Building
Department Director of the City of Grand Island, Nebraska. The construction of the
improvements on the real estate shall begin within six (6) months from the expiration of the
remonstrance period, and said construction shall be completed within eighteen (18) months from
the expiration of the remonstrance period unless completion time is waived by the Director of the
Community Development Department as a result of acts or conditions beyond the control of the
I Buyers.
SECTION 4. As provided by law, notice of such conveyance and the terms
thereof shall be published for three consecutive weeks in the Grand Island Independent, a
newspaper published for general circulation in the City of Grand Island. Immediately after the
passage and publication of this ordinance, the City Clerk is hereby directed and instructed to
prepare and publish such notice.
SECTION 5. Authority is hereby granted to the electors of the City of Grand
Island to file a remonstrance against the conveyance of such within described real estate; and if a
remonstrance against such conveyance signed by registered voters of the City of Grand Island
equal in number to thirty percent of the registered voters of the City of Grand Island voting at the
I
last regular municipal election held in such City be filed with the City Council within thirty days
- 2 -
Approved as to Form T
August 6, 1998 ...
I
I
I
ORDINANCE NO.8399 (Cont.)
of passage and publication of such ordinance, said property shall not then, nor within one year
thereafter, be conveyed.
SECTION 6. The conveyance of said real estate is hereby authorized, directed
and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make,
execute and deliver to STEVEN A. MANOLIDIS and LINDA L. MANOLIDIS, a Warranty
Deed for said real estate, and the execution of such deed is hereby authorized without further
action on behalf of the City Council.
SECTION 7. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: August 10, 1998.
~-
~ri
X~i ?<~~
Ken ~dt, Mayor
Attest:
- 3 -
Approved as to Form ,.
August 6, 1998 '" City Attorney
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I
. This Space Reserved for Register of Deeds.
ORDINANCE NO. 8399
An ordinance to direct and authorize the conveyance of a tract of land comprising
of Lot Three (3), Block Ninety Six (96), Original Town, City of Grand Island, Hall County,
Nebraska; to provide for the giving of notice of such conveyance and the terms thereof; to
provide the right to file a remonstrance against such conveyance; 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. The conveyance to STEVEN A. MANOLIDIS and LINDA L.
MANOLIDIS, husband and wife, of a tract of land comprising of Lot Three (3), Block Ninety
Six (96), Original Town, City of Grand Island, Hall County, Nebraska, is hereby authorized and
approved.
SECTION 2. The consideration for such conveyance shall be Twenty Five
Dollars ($25.00) and the completion of improvements to the property as set out in Buyers'
proposal. Conveyance of the real estate above described shall be by Warranty Deed, upon
delivery of the consideration. The Warranty Deed shall be held in escrow with the City Clerk
~-
Approved as to Form ... ~
August 18, 1998 ... ity Attorney
I
I
I
ORDINANCE NO.8399 (Cont.)
until such project completion. A title insurance policy is not required to be furnished by the
City.
SECTION 3. Steven A. Manolidis and Linda L. Manolidis, as buyers, shall
develop the real estate for commercial use in accordance with the proposal to purchase, which
proposal is on file with the Community Development Department, together with final plans for
said redevelopment approved by the Community Development Department and the Building
Department Director of the City of Grand Island, Nebraska. The construction of the
improvements on the real estate shall begin within six (6) months from the expiration of the
remonstrance period, and said construction shall be completed within eighteen (18) months from
the expiration of the remonstrance period unless completion time is waived by the Director of the
Community Development Department as a result of acts or conditions beyond the control of the
Buyers.
SECTION 4. As provided by law, notice of such conveyance and the terms
thereof shall be published for three consecutive weeks in the Grand Island Independent, a
newspaper published for general circulation in the City of Grand Island. Immediately after the
passage and publication of this ordinance, the City Clerk is hereby directed and instructed to
prepare and publish such notice.
SECTION 5. Authority is hereby granted to the electors of the City of Grand
Island to file a remonstrance against the conveyance of such within described real estate; and if a
remonstrance against such conveyance signed by registered voters of the City of Grand Island
equal in number to thirty percent of the registered voters of the City of Grand Island voting at the
last regular municipal election held in such City be filed with the City Council within thirty days
- 2 -
Approved as to Form T c.qC' I
August 18, 1998 ... City Attorney
I
I
I
ORDINANCE NO.8399 (Cont.)
of passage and publication of such ordinance, said property shall not then, nor within one year
thereafter, be conveyed.
SECTION 6. The conveyance of said real estate is hereby authorized, directed
and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make,
execute and deliver to STEVEN A. MANOLIDIS and LINDA L. MANOLIDIS, a Warranty
Deed for said real estate, and the execution of such deed is hereby authorized without further
action on behalf of the City Council.
SECTION 7. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: August 10, 1998.
Attest:
~"
- 3 -
Approved as to Form T Ctf'lJ"
August 18, 1998 ... City Attorney
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ORDINANCE NO. 8401
An ordinance to amend Chapter 37 of the Grand Island City Code; to amend
Section 37-52 pertaining to a change in the occupation tax rate for the Downtown Improvement
and Parking District; to repeal Section 37-52 as now existing, and any ordinance 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. Section 37-52 of the Grand Island City Code is hereby amended to
read as follows:
~37-52. Downtown Improvement and Parking District; Rate
The annual rate of the general license and occupation tax and classification of businesses, as
referenced in ~ 13-3, shall be as follows:
1. $00.0964 square foot floor space upon all space used for business and professional
offices in the district; provided,
2. $86.15 minimum annual tax for any single business or professional office should the
tax rate under 1 above be less than $86.15;
SECTION 2. Section 37-52 as now existing, and any ordinances or parts of
ordinances in conflict herewith be, and hereby are, repealed.
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Approved as to Form T c::Ja[;
October 13, 1998 ... City Attorney
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ORDINANCE NO. 8401 (Cont.)
Enacted: October 12, 1998.
Attest:
- 2 -
Approved as to Form 0 fJ(fl.:7
October 13, 1998 0 City Attorney
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ORDINANCE NO. 8402
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 98-210 on August 10, 1998,
which was published on August 20, 1998 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 September 14, 1998, 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 August 10, 1998.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA:
Approved as to Form T ~
September 10, 1998 ... City ttorney
I
I
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ORDINANCE NO. 8402 (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.2 ofthe City of Grand Island, Nebraska.
SECTION 2. The purpose, public improvements and facilities to be included in said
district shall be:
(1) (A) Improvement of any public place or facility in the district area, including landscaping,
physical improvements for decoration or security purposes, and p1antings, including, but not
limited to, plans, creation, development, equipment, supplies, materials, services,
management, staff, maintenance, improvement and associated activities of streetscape and
alleyway improvement;
(B) 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;
(C) Maintenance, repair, and reconstruction of any improvements or facilities authorized by
the Business Improvement District Act;
(2) (A) Creation and implementation of a plan for improving the general architectural design of
public areas in the district;
(B) The development of any public activities and promotion of public events, including the
management and promotion and advocacy of retail trad activities or other promotional
activities, in the district area, including, but not limited to, plans, creation, development,
equipment, supplies, materials, services, management, staff, ,maintenance, 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;
(3) (A) 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 limited to, activities, projects, staff, 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, travel, training, development and implementation of business and residential
recruitment and retention projects, projects and activities which contribute to regaining,
- 2 -
Approved as to Form " ~
September 10, 1998 .... City Attorney
I
I
I
ORDINANCE NO. 8402 (Cont.)
sustaining or improving the economic health and viability of the district and the
implementation ofthe goals and objectives ofthe Business Improvement Board;
(B) Any other project or undertaking for the betterment of the public facilities in the district
area, whether the project be capital or noncapital in nature.
SECTION 3. The outer boundaries of Business Improvement District No.2 are
described as follows:
Commencing at the Northeast corner of Lot 1, Block 54, Original Town of Grand
Island, Hall County, Nebraska; thence southerly to the Northeast corner of Lot 1,
Block 67, Original Town; thence easterly to the Northeast corner of Lot 1, Block
68, Original Town; thence southerly to the Southeast corner 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 corner of said Lot 3, Block
68; thence southerly to a point on Lot 6, Block 68, which is 22 feet East of the
Southwest corner of said Lot 6, Block 68, Original Town; thence westerly to the
Southeast corner of Lot 8, Block 67, Original Town; thence southerly to the
Southeast corner of Lot 8, Block 78, Original Town; thence westerly to the
Southwest corner of Lot 5, Block 79, Original Town; thence southerly to the
Northwest corner of Block 9, County Subdivision to the City of Grand Island;
thence easterly to the Northeast corner of said Block 9; thence southerly to the
Southeast corner of said Block 9; thence westerly along the southern line of said
Block 9 to the Northeast corner 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 corner 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
corner of said Lot 4; thence northwesterly to the Southeast corner of Lot 8, Block
98, Railroad Addition to the City of Grand Island; thence westerly to the
Southwest corner of Lot 7, Block 98, Railroad Addition; thence northerly to the
Northwest corner of Lot 7, Block 98, Railroad Addition; thence easterly to the
Northeast corner 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 corner
of Lot 1, Block 98, Railroad Addition; thence westerly to a point on the western
lot line of said Lot 1, Block 98, located a distance of 66 feet South of the
Northwest corner of said Lot 1, Block 98; thence southerly to the Southwest
corner of said Lot 1, Block 98; thence westerly to the Southwest corner of Lot 2,
Block 98, Railroad Addition; thence northerly to the Northwest corner of said Lot
- 3 -
Approved as to Form T
September 10, 1998 ... City Attorney
ORDINANCE NO. 8402 (Cont.)
I
2, Block 98; thence westerly to the Northwest corner of Lot 4, Block 98, Railroad
Addition; thence northerly to the Southwest corner of Lot 4, Block 88, Original
Town, thence westerly to the Southeast corner of Lot 1, Block 87, Original Town;
thence westerly to the Southwest corner of Lot 4, Block 87, Original Town;
thence northerly to the Southwest corner of Lot 5, Block 82, Original Town;
thence westerly to the Southwest corner of Lot 8, Block 83, Original Town;
thence northerly to the Southwest corner of Lot 1, Block 83, Original Town;
thence westerly to the Southwest corner of Lot 4, Block 83, Original Town;
thence northerly to the Northwest corner 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 corner
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 corner of said Lot 5,
Block 62; thence westerly to the Northeast corner of Lot 8, Block 61, Original
Town; thence southerly to the Southeast corner of said Lot 8, Block 61; thence
westerly to the Southwest corner of Lot 5, Block 61, Original Town; thence
southerly to the Northwest corner of Lot 4, Block 85, Original Town; thence
easterly to the Northeast corner of Lot 3, Block 85, Original Town; thence
southerly to the Southeast corner of said Lot 3, Block 85; thence westerly to the
Southwest corner of Lot 2, Block 106, Railroad Addition to the City of Grand
Island; thence northerly to the Northwest corner of said Lot 2, Block 106; thence
northwesterly to the Southwest corner 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
corner 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 corner 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 corner of said Lot 7, Block 107; thence westerly
to the Southwest corner 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 corner 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
corner of said Lot 5, Block 108; thence easterly along the North lot line of Lot 6,
Block 108, Railroad Addition, to the Northeast corner of said Lot 6, Block 108;
thence northerly to the Northwest corner 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,
Railroad Addition, located a distance of 37 feet westerly of the Southeast corner
of said Lot 3, Block 108; thence westerly to the Southwest corner of Lot 4, Block.
108, Railroad Addition; thence southerly to the Northwest corner of Lot 5, Block
108, Railroad Addition; thence westerly to the Northeast corner of Lot 8, Block
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Approved as to Form ...
September 10, 1998 A City Attorney
ORDINANCE NO. 8402 (Cont.)
I
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 comer of Lot 5, Block 113, Railroad Addition; thence northerly to the
Northwest comer of Lot 4, Block 113, Railroad Addition; thence easterly to the
Northeast comer of Lot 1, Block 109, Railroad Addition; thence southerly to the
Southeast comer 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 comer of Lot 4, Block 60, Original Town; thence
westerly to the Southwest comer of said Lot 4, Block 60; thence northerly to the
Northwest comer of said Lot 4, Block 60; thence easterly to the Northeast comer
of Lot 1, Block 54, Original Town, being the point of beginning.
SECTION 4. The real property located within the boundaries of Business
I Improvement District No.2 shall be subject to special assessment as authorized by Chapter 19,
Article 40, 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 #2 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.
I
(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.
- 5 -
Approved as to Form T
September 10, 1998 ... City Attorney
ORDINANCE NO. 8402 (Cont.)
I
The assessed values to be used in the above formula shall be the values, as shown in the
office ofthe Hall County Assessor, in effect on the last day of December of the previous 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
I representing fIfty percent (50%) or more ofthe total value of the real property within the district
as shown in the office of the Hall County Assessor on the last day of December of the previous
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,
I
for any reason, held to be unconstitutional or invalid, such holding shall not affect the validity of
the remaining portions of this ordinance.
- 6 -
Approved as to Form T
September 10, 1998 ...
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ORDINANCE NO. 8402 (Cont.)
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: September 14, 1998.
Ken Gnadt, Mayor
Attest:
Cindy K. Cartwright, City Clerk
This Ordinance was tabled at the September 14, 1998 City Council
Meeting,
- 7 -
Approved as to Form T r...)f--
September 10,1998 ... City Attorney
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I
ORDINANCE NO. 8402
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 98-210 on August 10, 1998,
which was published on August 20, 1998 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 September 14, 1998, 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 August 10, 1998.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA:
Approved as to Form T ~
October 8, 1998 '" City torney
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I
ORDINANCE NO. 8402 (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.2 of the City of Grand Island, Nebraska.
SECTION 2. The purpose, public improvements and facilities to be included in said
district shall be:
(1) (A) 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;
(B) 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;
(C) Maintenance, repair, and reconstruction of any improvements or facilities authorized by
the Business Improvement District Act;
(2) (A) Creation and implementation of a plan for improving the general architectural design of
public areas in the district;
(B) The development of any public activities and promotion of public events, including the
management and promotion and advocacy of retail trad activities or other promotional
activities, in the district area, including, but not limited to, plans, creation, development,
equipment, supplies, materials, services, management, staff, ,maintenance, 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;
(3) (A) 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 limited to, activities, projects, staff, 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, travel, training, development and implementation of business and residential
recruitment and retention projects, projects and activities which contribute to regaining,
- 2 -
Approved as to Form T
October 8, 1998 '" City Attorney
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ORDINANCE NO. 8402 (Cont.)
sustaining or improving the economic health and viability of the district and the
implementation of the goals and objectives of the Business Improvement Board;
(B) Any other project or undertaking for the betterment of the public facilities in the district
area, whether the project be capital or noncapital in nature.
SECTION 3. The outer boundaries of Business Improvement District No.2 are
described as follows:
Commencing at the Northeast corner of Lot 1, Block 54, Original Town of Grand
Island, Hall County, Nebraska; thence southerly to the Northeast corner of Lot 1,
Block 67, Original Town; thence easterly to the Northeast corner of Lot 1, Block
68, Original Town; thence southerly to the Southeast corner 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 ofthe Southwest corner of said Lot 3, Block
68; thence southerly to a point on Lot 6, Block 68, which is 22 feet East of the
Southwest corner of said Lot 6, Block 68, Original Town; thence westerly to the
Southeast corner of Lot 8, Block 67, Original Town; thence southerly to the
Southeast corner of Lot 8, Block 78, Original Town; thence westerly to the
Southwest corner of Lot 5, Block 79, Original Town; thence southerly to the
Northwest corner of Block 9, County Subdivision to the City of Grand Island;
thence easterly to the Northeast corner of said Block 9; thence southerly to the
Southeast corner of said Block 9; thence westerly along the southern line of said
Block 9 to the Northeast corner 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 corner 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
corner of said Lot 4; thence northwesterly to the Southeast corner of Lot 8, Block
98, Railroad Addition to the City of Grand Island; thence westerly to the
Southwest corner of Lot 7, Block 98, Railroad Addition; thence northerly to the
Northwest corner of Lot 7, Block 98, Railroad Addition; thence easterly to the
Northeast corner 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 ofthe Northeast corner
of Lot 1, Block 98, Railroad Addition; thence westerly to a point on the western
lot line of said Lot 1, Block 98, located a distance of 66 feet South of the
Northwest corner of said Lot 1, Block 98; thence southerly to the Southwest
corner of said Lot 1, Block 98; thence westerly to the Southwest corner of Lot 2,
Block 98, Railroad Addition; thence northerly to the Northwest corner of said Lot
- 3 -
Approved as to Form T ~
October 8, 1998 ... City Attorney
I
ORDINANCE NO. 8402 (Cont.)
I
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 of7.54 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,
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
I
Approved as to Form T ~
October 8, 1998 ... CI ttomey
-4-
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ORDINANCE NO. 8402 (Cont.)
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 comer of Lot 5, Block 113, Railroad Addition; thence northerly to the
Northwest comer of Lot 4, Block 113, Railroad Addition; thence easterly to the
Northeast comer of Lot 1, Block 109, Railroad Addition; thence southerly to the
Southeast comer 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 comer of Lot 4, Block 60, Original Town; thence
westerly to the Southwest comer of said Lot 4, Block 60; thence northerly to the
Northwest comer of said Lot 4, Block 60; thence easterly to the Northeast comer
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.2 shall be subject to special assessment as authorized by Chapter 19,
Article 40, 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 #2 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:
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.
- 5 -
I Approved as to Form... ~
October 8, 1998 .... City Attorney
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I
I
ORDINANCE NO. 8402 (Cont.)
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 last day of December ofthe previous 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 corne 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 ofthe real property within the district
as shown in the office of the Hall County Assessor on the last day of December of the previous
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.
- 6-
Approved as to Form T C.J1t;-
October 8, 1998 ... City Attorney
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I
ORDINANCE NO. 8402 (Cant.)
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: October 12, 1998.
Ken Gnadt, Mayor
Attest:
Cindy K. Cartwright, City Clerk
This Ordinance was removed from the October 12, 1998 agenda,
- 7 -
Approved as to Form T
October 8, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8402
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 98-210 on August 10, 1998,
which was published on August 20, 1998 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 September 14, 1998, 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 August 10, 1998.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA:
Approved as to Form T C/(/Z>
January 7, 1999 ... City Attorney
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ORDINANCE NO. 8402 (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.2 of the City of Grand Island, Nebraska.
SECTION 2. The purpose, public improvements and facilities to be included in said
district shall be:
(1) (A) 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;
(B) 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;
(C) Maintenance, repair, and reconstruction of any improvements or facilities authorized by
the Business Improvement District Act;
(2) (A) Creation and implementation of a plan for improving the general architectural design of
public areas in the district;
(B) 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;
(3) (A) 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, activities, projects, staff, 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, travel, training, development and implementation of business and residential
recruitment and retention projects, projects and activities which contribute to regaining,
- 2 -
Approved as to Form T
January 7, 1999 ... City Attorney
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ORDINANCE NO. 8402 (Cont.)
sustaining or improving the economic health and viability of the district and the
implementation ofthe goals and objectives ofthe Business Improvement Board;
(B) Any other project or undertaking for the betterment of the public facilities in the district
area, whether the proj ect be capital or noncapital in nature.
SECTION 3. The outer boundaries of Business Improvement District No.2 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 ofthe 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
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
- 3 -
Approved as to Form T Cf3[:>
January 7,1999 ... City Attorney
I
ORDINANCE NO. 8402 (Cont.)
I
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,
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
I
Approved as to Form... t:J(jl:::)
January 7, 1999 ... City Attorney
- 4 -
I
I
I
ORDINANCE NO. 8402 (Cont.)
114, Railroad Addition; thence southerly to the Southeast corner of said Lot 8,
Block 114; thence westerly to the Southwest corner 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 corner 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 corner of Lot 1, Block 114, Railroad Addition; thence
easterly to the Southeast corner of said Lot 1, Block 114; thence northerly to the
Southeast corner of Lot 8, Block 113, Railroad Addition; thence westerly to the
Southwest comer 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 comer of Lot 8, Block 109, Railroad Addition; thence easterly to the
Southwest corner 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 comer 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.2 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 #2 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:
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.
- 5 -
Approved as to Form" t:;.(f'C
January 7, 1999 .... City Attorney
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I
I
ORDINANCE NO. 8402 (Cont.)
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.
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.
- 6-
Approved as to Form T cqr::
January 7, 1999 ... City Attorney
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I
ORDINANCE NO. 8402 (Cont.)
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: January 11, 1999.
Ken Gnadt, Mayor
Attest:
Cindy K. Johnson, City Clerk
This Ordinance was adopted on first reading on January 11, 1999.
- 7 -
Approved as to Form T ~
January 7, 1999 ... City Attorney
I
I
I
ORDINANCE NO. S402
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 98-210 on August 10, 1998,
which was published on August 20, 1998 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 September 14, 1998, 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 August 10, 1998.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA:
I
Approved as to Form" ~
January 20, 1999 ... City Attorney
I
I
I
ORDINANCE NO. 8402 (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.2 of the City of Grand Island, Nebraska.
SECTION 2. The purpose, public improvements and facilities to be included in said
district shall be:
(1) (A) 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;
(B) 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;
(C) Maintenance, repair, and reconstruction of any improvements or facilities authorized by
the Business Improvement District Act;
(2) (A) Creation and implementation of a plan for improving the general architectural design of
public areas in the district;
(B) 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;
(3) (A) 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, activities, projects, staff, 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, travel, training, development and implementation of business and residential
recruitment and retention projects, projects and activities which contribute to regaining,
- 2 -
Approved as to Form T ~:;-
January 20, 1999 ~ City Attorney
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ORDINANCE NO. 8402 (Cont.)
sustaining or improving the economic health and viability of the district and the
implementation of the goals and objectives of the Business Improvement Board;
(B) Any other project or undertaking for the betterment of the public facilities in the district
area, whether the project be capital or noncapital in nature.
SECTION 3. The outer boundaries of Business Improvement District No.2 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 ofthe 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
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
- 3 -
Approved as to Form T t::::(fC1
January 20, 1999 ... City Attorney
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I
I
ORDINANCE NO. 8402 (Cont.)
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 of7.54 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,
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
- 4-
..r
Approved as to Form T ~
January 20, 1999 .&. City Attorney
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ORDINANCE NO. 8402 (Cont.)
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 comer of Lot 5, Block 113, Railroad Addition; thence northerly to the
Northwest comer of Lot 4, Block 113, Railroad Addition; thence easterly to the
Northeast comer of Lot 1, Block 109, Railroad Addition; thence southerly to the
Southeast comer 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 comer of Lot 4, Block 60, Original Town; thence
westerly to the Southwest comer of said Lot 4, Block 60; thence northerly to the
Northwest comer of said Lot 4, Block 60; thence easterly to the Northeast comer
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.2 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 #2 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:
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.
- 5 -
Approved as to Form T ~
January 20, 1999 ... City Attorney
I
I
I
ORDINANCE NO. 8402 (Cont.)
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 ofthe 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.
- 6 -
Approved as to Form T qt:::
January 20, 1999 ... City Attorney
I
I
I
ORDINANCE NO. 8402 (Cont.)
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: January 25, 1999.
Attest:
- 7 -
Approved as to Form T c:gr:
January 20, 1999 ... City Attorney
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I
I
ORDINANCE NO. 8403
An ordinance known as "The Annual Appropriation Bill" of the City of Grand
Island, Nebraska, to adopt the proposed budget statement pursuant to the Nebraska Budget Act,
as amended by Addendum #1, for the fiscal year commencing October 1, 1998 and ending
September 30, 1999; to provide for severability; 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. An appropriation is hereby made for the ensuing fiscal year to
defray all necessary expenses and liabilities of City departments, funds, and operations. The
object and purpose of the appropriation shall be to pay for any and all necessary expenses and
liabilities for the following departments, funds, and operations.
Operating Total
Funds Exoenditure Transfers Aoorooriation
General 19,609,178 3,364,785 22,973,963
Special Revenue 2,424,466 3,303,943 5,728,409
Debt Service 2,075,843 7,769,848 9,845,691
Capital Projects 8,968,866 400,000 9,368,866
Enterprise 51,503,892 0 51,503,892
Internal Service 6,323,067 400,000 6,723,067
Agency 184,806 0 184,806
Trust 1,370.134 91.207 1.461 .341
Total Appropriation
All Funds 92.460.252 15.329.783 107.790.035
SECTION 2. An appropriation is hereby made for encumbrances from the
approved 1997-1998 budget. The total projected expenditure for 1997-98 of $77,181,173.54; as
presented in the 1998-99 proposed budget, will not be exceeded, including encumbrances.
Approved as to Form T ~
September 10, 1998 .... City Attorney
ORDINANCE NO. 8403 (Cont.)
I
SECTION 3. If any section, subsection, or any other portion of this ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed separate, distinct, and independent, and such holding shall not affect the validity of
the remaining portions thereof.
SEcTION 3. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: September 14, 1998.
Ke~--'I
Attest:
I ~
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Approved as to Form T ~
September 10, 1998 ... City Attorney
- 2 -
I
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I
ORDINANCE NO. 8404
An ordinance to amend Chapters 15, 16, 17, 18,23,25,26,30,31,32,34, and 37
of the Grand Island City Code; to amend Sections 15-51, 16-13, 16-27, 17-15, 17-29, 18-21,23-
31,25-3,26-10,26-38,26-60,30-28,30-81,30-82, 30-83, 30-84, 30-93, 31-3, 32-25, 32-27, 32-
52,32-69,34-3,34-17,37-35,37-40,37-41, and 37-58 pertaining to user fees; to repeal Sections
15-51,16-13,16-27,17-15, 17-29, 18-21,23-31,25-3,26-10,26-38,26-60,30-28,30-81,30-82,
30-83,30-84,30-93,31-3,32-25,32-27,32-52,32-69, 34-3, 34-17, 37-35, 37-40, 37-41, and 37-
58 as now existing, and any ordinance 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. Section 15-51 of the Grand Island City Code is hereby amended to
read as follows:
~15-51. Payment Conditions
(1) All bills are due when received.
(2) If full payment is not received prior to the printing of the statement for the next billing period, a late
payment charge shall be assessed. This charge shall be $2.00, plus 1 % of the unpaid balance of$5.00 or more.
(3) A $20.00 service charge shall be collected before reconnection, in each instance of disconnection for
nonpayment of billing; provided such service charge shall be $70.00$6(}.OO, if reconnection is demanded after
business hours.
(4) A $15.00 service charge will be assessed for each check returned for insufficient funds. This charge is
in addition to any other charges.
(5) A $9.00~ service charge shall be collected, before all new connections are made by the City
Utilities Department.
(6) A $9.00~ service charge shall be collected, to transfer service from one occupant to another occupant
at the same location.
(7) Service periods are normally for periods of one year or longer. If it appears that services are being
disconnected and reconnected within a twelve-month period, in order to avoid minimum billing charges; an
amount equivalent to the minimum billings for the disconnected period (not to exceed eleven months) must be
paid before the service is reconnected. This is in addition to the normal connection charges.
SECTION 2. Section 16-13 of the Grand Island City Code is hereby amended to
read as follows:
Approved as to Form T ~
September 15, 1998 A ity Attorney
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ORDINANCE NO. 8404 (Cont.)
~16-13. Permit to Sell Fireworks
It shall be unlawful for any person to sell or offer for sale permissible fireworks in the City without first
having made application to the Bureau of Fire Prevention for a permit and received a permit to do so from the city
clerk. Such permits shall cost $180.00$170.00 and shall be valid for the calendar year in which issued, and shall at
all times be displayed at the place of business of the holder thereof. Such permits shall not be transferable.
SECTION 3. Section 16-27 of the Grand Island City Code is hereby amended to
read as follows:
~16-27. Ambulance Service; Basic Rates
The rates for basic ambulance service provided by the City of Grand Island, Nebraska, are set as follows:
(I) $155.00$151.00 per call for non-emergency transportation, plus mileage (computed one-way only).
(2) $255.00$219.00 per call for BLS emergency transportation, plus mileage (computed one-way only).
(3) $355.00$3~9.00 per call for ALS emergency transportation, plus mileage (computed one-way only).
(4) $75.00 per call, plus supplies, for ALS emergency service when patient is not transported but some
service is rendered.
(5) $5.50 per patient mile for long distance calls, for BLS transportation. $6.05 per mile for ALS
transportation.
(6) Base rate for long distance transportation:
$155.00$151.00 for BLS, plus supplies
$175.00$171.00 for ALS non-emergency, plus supplies
$270.00$263.00 for ALS emergency, plus supplies
(7) $55.00 per family subscription program which allows for medically directed ambulance use at no cost
to subscription holder.
(8) $35.00 per call when emergency medical dispatch protocol is exercised in conjunction with the call.
(9) $25.00 for standby ambulance service.
SECTION 4. Section 17-15 of the Grand Island City Code is hereby amended to
read as follows:
~17-15. License Required; Fee
(A) It shall be unlawful for any person, firm, or corporation to collect and transport garbage or refuse for hire
without first obtaining a license therefor from the City.
(B) The following two types oflicenses are authorized:
(1) Garbage Hauler License entitles the licensee to collect and transport both garbage and refuse.
(2) Refuse Hauler License entitles the licensee to collect and transport only refuse.
(C) The license year shall run from October 1 of the calendar year to September 30 of the following calendar year.
(D) The fee for a garbage hauler license shall be $175.00$163.00 per license year or any fraction thereof, no part of
which shall be refundable.
(E) The fee for a refuse hauler license shall be $50.00$4&,00 per license year or any fraction thereof, no part of
which shall be refundable.
(F) The provisions of this section shall not apply to lawn care or tree trimmer businesses.
(G) No license issued hereunder shall be transferable.
- 2 -
Approved as to Form D ~
September 15,1998 D ItyAttorney
I
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I
ORDINANCE NO. 8404 (Cont.)
SECTION 5. Section 17-29 of the Grand Island City Code is hereby amended to
read as follows:
~17-29. Fees
(A) All persons who dispose of Municipal Solid Waste at the City transfer station, or the Grand Island
Regional landfill when permitted, shall pay to the City for such dumping privileges, for each load, an amount as
follows:
Transfer Station
(1) Municipal Solid Waste:
A. In County... ... ... ...... ...... ...... ... ..... $9.40$--9-;OO/cubic yard; $4.70~ minimum charge
B. Out-County (long term).................. $14.10~/cubic yard; $7.05~ minimum charge
G:- Out County (short term).................. $18.00/cubic yard; $9.00 minimum charge
An additional charge of $2.50$2.00 per cubic yard shall apply when the delivering vehicle is not properly
equipped or the load is not completely covered, or otherwise contained or securely fastened as required by
this chapter or other applicable laws. Penalty provision applies to all loads.
(2) Tires:
A. $3.25 per passenger car tire
$13.25 per passenger car tire - mounted
B. $10.00 per truck tire
$25.00 per truck tire - mounted
C. $25.00 per implement tire
$50.00 per implement tire - mounted
(3) Special Waste Disposal Rates
A. Yard Waste*: Clean grass, leaves, other compostable yard
and garden wastes (Free of trash and debris. All plastic bags
to be removed by hauler).......................................... $5.00~cy; $2.50~ minimum
B. Clean Trees & Branches*: Limbs, whole trees 10" or less in
diameter, clean lumber, no trash or debris... ......... ...... ..... $2.50$2.00cy; $1.25$-hOO minimum
*Non-compostable wastes, large stumps, and all other acceptable solid waste subject to general solid waste
disposal charges.
Landfill
(4) Municipal Solid Waste:
A. In County....................................... $6.25~y
B. Out-County (long term)...................... 9.409,OOcy
G:- Gut County (short term)..................... l2.00cy
An additional charge of $2.50$2;00 per cubic yard shall apply when the delivering vehicle is not properly
equipped, or the load is not completely covered, or otherwise contained or securely fastened as required by
this chapter or other applicable laws. Penalty provision applies to all loads.
**No special waste (Le., asbestos, contaminated soils, etc.) accepted from short term contract holders.
(5) Special Waste Disposal Rates:
A. Fuel Contaminated Soils: Requires Nebraska Dept of Environmental Quality pre-approved and notification
to landfill as follows:
In County..................... .......... ... $15.00$-12;.50 cy; $15.00$-12.50 minimum
Out-County (long term).................. $25.00$-19,00 cy; $25.00$-19,00 minimum
B. Asbestos and Other Waste Requiring Special Handling: May require Nebraska Dept of Environmental
Quality pre-approval and notification to landfill. Disposal during scheduled intervals and haulers shall use same
equipment and procedures at disposal area as required for removal procedures. ACM shall be in approved
condition and/or containers. (Conditions subject to change as required by federal, state, or local rules and
regulations. )
- 3 -
Approved as to Form 0
September 15, 1998 0 City Attorney
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I
ORDINANCE NO. 8404 (Cont.)
In County ................................. .. . .. ..
Out-County (long term)........................
$45.00~ cy; $45.00~ minimum
$67.50$$+.00 cy; $67.50$$+.00 minimum
(6) Street Sweepings: $3.50~ per cubic yard
No Municipal Solid Waste shall be accepted from outside of RaIl County until an agreement is approved by the
Solid Waste Agency covering the receipt of same.
(B) The fees set forth in subsection (A) above in excess of the stated minimums shall be calculated at a rate
based upon the capacity of the hauling vehicle as determined by the persons in charge of the transfer station and
landfill and not upon the actual amount of refuse; provided, that partial loads may be charged as follows.
(1) Amounts contained within less than 50 percent of vehicle's cargo area: 50% of base fee for
rate capacity;
(2) Amounts contained within less than 75 percent but more than 50 percent of the vehicle's
cargo area: 75% of base fee forrate capacity;
(3) Amounts contained within less than 100 percent but more than 75 percent of the vehicle's
cargo area: the base fee for rated capacity;
(4) It shall be the responsibility of the hauler to demonstrate which loads qualify for a rate less
than the full rate, but the determination of the rate to be charged shall be made by the transfer
station or landfill attendant, and borderline cases shall be resolved in favor ofthe higher rate.
(C) If full payment is not received within thirty (30) days from the date of the statement, a late payment
charge shall be assessed. This charge shall be one percent (1 %) per month ofthe unpaid balance.
(D) The above fees may be waived by order of the mayor when, in the discretion of the mayor, the public
health, safety, and welfare ofthe community would be enhanced by the waiving of such fees because of city-wide or
district cleanup or improvement campaigns, or because of fire, flood, tornado, or other event, or series of events,
causing extensive damage to the homes and property of the residents of the City of Grand Island.
This section shall not be construed to permit the mayor to waive fees for garbage and refuse licensees under
this chapter, disposing of garbage, refuse and waste materials for hire at the City transfer station or sanitary landfill
in the normal course of their business.
SECTION 6. Section 18-21 ofthe Grand Island City Code is hereby amended to
read as follows:
~18-21. Fees
The following fees shall be charged for registration and examination:
New master gas fitting contractor's license fee issued between January 1 and June 30 ............... $160.00$155.00
New master gas fitting contractor's license fee issued between July 1 and December 31............ $110.00$100.00
Renewal of master gas fitting contractor's license........................................................................... $60.00~
Master gas fitter's license registration card................................................................................................. $ 10.00
Journeyman gas fitter's registration card ....................................................................................................$ 10.00
Master gas fitter's examination fee .............................................................................................................$ 10.00
Journeyman gas fitter's examination fee.....................................................................................................$ 10.00
SECTION 7. Section 23-31 of the Grand Island City Code is hereby amended to
read as follows:
~23-31. Occupation Tax
All solicitors, peddlers, itinerant merchants and transient vendors of merchandise, magazines, publications,
wares, and services shall pay an occupation tax of$175.00$168.00 per year, or ~$40.00 per month.
I Approved as to Form D 1"'c:l2/
- 4 - September 15, 1998 Deity Attorney
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I
ORDINANCE NO. 8404 (Cont.)
SECTION 8. Section 25-3 of the Grand Island City Code is hereby amended to
read as follows:
~25-3. Occupation Tax
There is hereby levied on all persons engaged in the business of pawnbroker an occupation tax of
$55.00~ a year, which occupation tax shall be paid to the city treasurer who shall give a receipt for such
payment. If the city council in its discretion grants a license to operate as a pawnbroker for a six months' period to
any person applying therefor, the occupation tax to be charged in such an event shall be $27.50~ for such
period.
SECTION 9. Section 26-10 of the Grand Island City Code is hereby amended to
read as follows:
~26-10. Fee Schedule Based Upon Valuation
Estimated Valuation Fee
$1.00 to $1,600 ............................................................................................................. $22.00
$1,601 to $1,700 ................................ ........................................................................... $24.00
$1,701 to $1,800 ................................................................................................... $28.00~
$1,801 to $1,900............................... ...................................... ............................... $31.00~
$1,901 to $2,000.................................................................................................... $33.00~
$2,001 to $25,000 ........................................ $33.00~ for the fIrst $2,000 plus $6.00$.;90 for each
additional $1,000 or fraction thereof, to and including $25,000
$25,001 to $50,000 ................................. $171.00~ for the fIrst $25,000 plus $4.604:-$0 for each
additional $1,000 or fraction thereof, to and including $50,000
$50,001 to $100,000................................ $286.00~ for the fIrst $50,000 plus $3.25~ for each
additional $1,000 or fraction thereof, to and including $100,000
$100,001 and up ....................................$448.50~ for the fIrst $100,000 plus $2.85~ for each
additional $1,000 or fraction thereof.
Other Inspections and Fees Per Hour
1. Inspections outside of normal business hours ..................................................................$31.00*
2. Reinspection Fee .............................................................................................................. $31.00 *
3. Inspections for which no fee is specifIcally indicated ......................................................$31.00*
4. Additional plan review required by changes, additions or revisions to approved plans (minimum charge,
one-half hour) ...... ...................................... ............................................. ............ .............. $31.00*
*Or the total hourly cost to the jurisdiction, whichever is greater. The cost shall include supervision, overhead,
equipment, hourly wages and fringe benefIts of all the employees involved.
SECTION 10. Section 26-38 ofthe Grand Island City Code is hereby amended to
read as follows:
~26-38. Registration; Fee
The fees to be collected by the chief building offIcial for the registration of a plumbing contractor shall be as follows
per calendar year:
- 5 -
Approved as to Form 0
September 15, 1998 0
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ORDINANCE NO. 8404 (Cont.)
Plumbing Contractors License issued between January 1 and June 30 ........................................ $160.00~
Plumbing Contractors License issued between July 1 and December 31..................................... $I1O.00-U)M{)
Plumbing Contractors License, consecutive renewal ....................................................................... $60.00~
SECTION 11. Section 26-60 of the Grand Island City Code is hereby amended to
read as follows:
~26-60. License; Fees
The fee to be collected by the building inspector for the registration of water conditioning contractors shall be as
follows:
New water conditioning contractors license issued between January 1 and June 30.................... $160.00~
New water conditioning contractors license issued between July 1 and December 31 ................ $110.00-U)M{)
Renewal........................................................................................................................................... $ 60.00~
Annual fee for water conditioning installers............................................................................................. $ 10.00
SECTION 12. Section 30-28 of the Grand Island City Code is hereby amended to
read as follows:
~30-28. Applications for Permits
Applications for permits to connect, tap, construct, modify or make attachments to public sewers shall be
made to the director upon forms provided by the City. Such applications shall be accompanied by a fee in the
amount of $20.50$W.OO to cover the cost of inspection, recording, and other expenses. The application shall show
the exact location of the proposed work, and when requested by the director, the plumber shall provide plans or
specifications of the proposed work. When required, an application shall be on file with the director twenty-four
hours before the issuance of a permit. If work is commenced prior to application for the permit, an investigation fee
in addition to the permit fee in the same amount as the permit fee shall be assessed. Each permit shall expire six (6)
months from date of issuance.
SECTION 13. Section 30-81 of the Grand Island City Code is hereby amended to
read as follows:
~30-81. Volume Charges
The charges for sewer service shall be paid either quarterly or monthly in conformance with the billing for
water, and each consumer shall be billed per 100 cubic feet at the following rates effective on the dates shown:
July 1, 1993................................................................. $0.626
January 1, 1994 .......................................................... $0.724
July 1, 1994................................................................. $0.838
January 1, 1995........................................................... $0.97
October 1,1997........................................................... $1.014
October 1. 1998........................................................... $1.028
- 6 -
Approved as to Form 0 ~
September 15, 1998 0 City Attorney
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I
I
ORDINANCE NO. 8404 (Cont.)
SECTION 14. Section 30-82 of the Grand Island City Code is hereby amended to
read as follows:
~30-82. Service Charges
The service charge for sewage contributions to consumers and users shall be at the following rates per
month effective on the dates shown, regardless of the volume of sewage contributed.
July 1, 1993................................................................. $3.82
January 1, 1994........................................................... $4.42
July 1, 1994................................................................. $5.11
January 1,1995 .......................................................... $5.92
October 1, 1997........................................................... $6.19
October 1. 1998........................................................... $6.28
SECTION 15. Section 30-83 of the Grand Island City Code is hereby amended to
read as follows:
~30-83. Industrial Waste Surcharge
Extra Strength Surcharge
An industrial waste surcharge shall be assessed against any person discharging industrial wastes into the City's
sanitary sewer system where the contributed wastewater strength exceeds normal strength wastewater and shall be
billed at the followin rates effective on the dates as shown:
Effective Date BOD Charge SS Charge Oil & Grease
($/lb over 300 ($/lb over 300 ($/lb over 100 30
m /1 /1 m II
*Hydrogen Sulfide charges for industries discharging directly into the City's wastewater treatment plant = $6,792.50
per month plus $0.09540.094-1- per pound.
Customer Charge
The specific costs incurred by the City associated with monitoring and determining flow and strength.
Industrial Four Part Charge
The industrial service four-part charges will be applied to those industrial users who certify that their sewage
contributions are less than normal strength wastewater, and such customers shall be billed at the following charges
as of the effective dates shown:
Effective Flow Charge
Date ($/hct)
Flow charge for
contributions
direct to WWTP
$/hc
5
- 7 -
Approved as to Form 0
September 15, 1998 0 City Attorney
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ORDINANCE NO. 8404 (Cont.)
Charge Oil & Grease
over ($/Ib over
o mg/I)
Ammonia
($/Ib over 0
mg/I)
2
2
2
6
7
*Hydrogen Sulfide charges for industries discharging directly into the City's wastewater treatment plant = $6,792.50
per month plus $0.09540.094-1- per pound.
Customer Charge - The specific costs incurred by the City associated with monitoring and determining flow and
strength and/or checking the users certification.
SECTION 16. Section 30-84 of the Grand Island City Code is hereby amended to
read as follows:
~30-84. Minimum Charges
The minimum charge for sewage contributions shall be the sum of applicable service charge, volume
charge and/or extra strength surcharge. For customers billed on the industrial four part charge, the minimum charge
shall be the sum of the volume, BOD, SS, oil and grease, hydrogen sulfide, ammonia, and customer charge.
The minimum charge for sewage contributions to consumers and users who are not required to meter their water
supply shall be in the following amounts on the effective dates as shown:
July I, 1993.................................................................... $8.91
January I, 1994.............................................................. 10.31
July I, 1994.................................................................... 11.93
January I, 1995 ............................................................. 13.81
October I, 1997.............................................................. 14.43
October 1.1998.............................................................. 14.64
SECTION 17. Section 30-93 of the Grand Island City Code is hereby amended to
read as follows:
~30-93. Charges for Septic Tank Sludge
Septic tank sludge may be deposited at the City's water pollution control plant in a location designated by
the superintendent of the said plant or his representative after payment of a fee in accordance with the following
schedule for ordinary septage, having strength up to 6,000 mg/I BOD, and 20,000 mg/I SS.
Per 100 gallons or fraction thereof of tank capacity as shown in the following table, with the effective dates
as shown, with a minimum fee $5.83~:
- 8 -
Approved as to Form 0
September 15, 1998 0 City Attorney
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I
ORDINANCE NO. 8404 (Cont.)
Effective Date Septage charge per 100 gallons
JuII, 1993 $3.25
Jan 1, 1994 $3.75
JuII, 1994 $4.25
Jan 1 1995 $5.00
Oct 1, 1997 $5.23
Od 1 lQQR $D.Q
For septage having strength of more than 6,000 mg/l BOD, and 20,000 mb/l SS, the fee shall be calculated
by applying the industrial four-part rate specified in ~30-83.
Waste from a recreational vehicle may be deposited at the City's water pollution control plant in a location
designated by the superintendent of said plant. Fees for such discharge of recreational waste shall be on a voluntary
basis.
SECTION 18. Section 31-3 of the Grand Island City Code is hereby amended to
read as follows:
~31-3. Sign Hanger's License
(1) It shall be unlawful for any person to engage in the business of sign hanging without first obtaining a license for
such business from the City, and without maintaining comprehensive liability insurance as provided herein.
(2) The fee for a sign hanger's license shall be:
a. $160.00~ for a new license issued between January I and June 30;
b. $110.00~ for a new license issued between July 1 and December 31;
c. $60.00~ for the renewal of an existing license.
(3) Every licensee shall maintain in full force and effect an insurance policy written by a company or companies
authorized to do business in the State of Nebraska with the following coverages and amounts:
(a) Comprehensive general liability insurance covering the operations of the licensee, including
completed operations coverage, with limits of not less than $300,000 per occurrence for bodily
injury and property damage;
(b) A provision making the City of Grand Island a named insured for all third party bodily injury
and property damage claims arising out of occurrences in connection with the licensee's
operations, including completed operations, within the City's zoning jurisdiction;
(c) A provision that said policy or policies may not be canceled without written notice of such
cancellation having been served on the City at least thirty days prior to the date of cancellation.
SECTION 19. Section 32-25 of the Grand Island City Code is hereby amended to
read as follows:
~32-25. Permit; Fee
The party applying for a permit to make a pavement or sidewalk cut shall pay to the City at the time such
permit is issued a fee in the sum of fifteentWe dollars ($15.00~), which amount shall be credited to the general
fund of the City. No fee shall be charged for those performing services under contract for the City but a permit shall
be required. If work is commenced prior to application for the permit, an investigation fee in addition to the permit
fee in the same amount as the permit fee shall be assessed. Each permit shall expire six months from date of
issuance.
- 9 -
Approved as to Form 0
September 15, 1998 0 City Attorney
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I
I
ORDINANCE NO. 8404 (Cont.)
SECTION 20. Section 32-27 of the Grand Island City Code is hereby amended to
read as follows:
~32-27. Charges for Pavement Cuts
The City will, after the person or corporation receives the permit, do the following work at the charges set
...f.'?!!~1..~,~~~P'!~~!~,~,,~'.l:~~,,'?fpl!~E~I!!~~~~~,'?t.:Pg!.~!.~,'?,~~..,gE..~~~:P~~~~~!~,~~~,,4.~P'.l:!!I.!1.~g!,~,~~,,~~!.~!gf.'?!.~p.!.'?y.~4.,~4.,:..
I (1) For each linear foot of sidewalk or pavement cut (sawed), whether
~""'"'''' ""'''''''"....,'''~~,!.I!,1.P.i.g'?I!,~'','?!.,~P!:1:,~E~!.~"",.., """""""""""""""'''''''''' ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...... "" ",.." '" """""""""""..,..,.."..".. ,","""""""""""'"''''''''''
[""Q) """"""""""""""B.:,~'p',~~~,~I.!1.~,~!..K<:lE,~'.l:,~~,..~q~~~,~.K'?9.!'?f.f'?~(1.1J!:1:~~"E'?g~!.~!~..,~~,4.~~'.l:1.~ "" "'"'' """.........."......,, """,$3 :25~
i (3) Replacement for each square foot of five (5) inch concrete sidewalks or $3.50~
drivewa s
................................................. ......................................""....... ....................................
(4) Replacement for each square yard of six (6) inch concrete pavement
;
[""""""",..,..,..,..", """'"..~~!~"'~,~Y..~!:1:..Q)..i.g~Q,E'?~~E~,!.~",P.~Y.~,1.P.,~,~,!""".."" '"'''' "",,,,,,,,,,,,,,,,,,,,,,,,,......,,.. ,......,.., ,......,..,....,..,..,....,....,..
I (5) Replacement for each square yard of one (1) inch additional thickness
i """""",..'?.Y.~,!."~i.~..(?)",i,!:1:~~,,'~,'?.!:1:,~!.~!,~,,pavement
I (6) Replacement for each square yard of bituminous surfaced pavement two $27.50~
L..".., "'" ",(?)"i.!:1:,c::1.?:~~,,!Q~c::~,..~,i.!Q..~~~,{~),'~c::Q~'?~~E~,!.~..,~~~,~"""""""""""..,,"""""""""""""""""""""""""""""""""""""",,,,,,,,,"..',,,,,,,,".."..,......,....""'.."....""""'''!
I (7) Replacement for each square yard of six (6) inch bituminous surfaced $21.5020,00 i
J ",P'.l:y.~I.!1.~g!,"~~!.1.?:'?~!"'.l:,',~,'?!:1:~E~,!.~,,'~,'.l:~,~..,,..,' ,.., "...."" " " , ",.. """""""""..,..,,,..................,, ",..", """",.."""'..""".."""",..""".."..,,..,..,..
[:'(~)'''::':":"",,,~g!.,,~'.l:~~...!~~'.l:~J'?'?!.,9.fC::~~~~,C::!.~'?!:1:,,I.!1.~g~4...f.<:lE..~i.Y..~~'.l:Y~""""""",,,,,,,,,,,,,
I (9) Replacement for each square yard of 2" bituminous surfaced pavement
l""""""""""""""",.."""""g'y'~!",,~~,i.~!,i.!:1:g"~,2,!:1:~E,~!.~"P.'.l:y'~gkt........,............,,,,,,..,,, "'" " " """""""" " " ".. """ ,,'," ".... " "".., '''''''''''''' """""""""""" " ,.. ,.. """"........,...., """,........ "I
$3.00
$29.00~
$2.25
""'............!
i
,......,,,,,,,,,......,,,,,,,,....,,..,,,..,,,,,1
$6.15<i-OO i
"$16.7516:'00"""""i
The money collected for the above charges shall be credited to the Street, Alley & Paving Fund.
In lieu of the City performing any of the above services, a permittee may perform such work on City right-
of-way abutting permittee's property only, or may employ an independent contractor, as approved by the public
works director. Such permittee shall not commence work until providing City proof of insurance coverage with
limits not less than hereinafter set out, namely:
(A) Worker's Compensation Insurance in compliance with the laws of the State of Nebraska, and
Employees Liability Insurance.
(B) Public Liability and Property Damage Insurance covering with limits as follows:
(i) Where work is to be performed in Light Business (BI) Zone, General Business (B2) Zone,
Heavy Business (B3) Zone, Light Manufacturing (MI) Zone, Heavy Manufacturing (M2) Zone,
Commercial Development (CD) Zone, or Industrial Development (ID) Zone, with limits of not
less than $25,000 for each person; $50,000 for more than one person for each occurrence for
bodily injury and death; and property damage limits of not less than $10,000; and
(ii) Where work is to be performed in Transitional Agriculture (TA) Zone, Suburban Residential
(RI) Zone, Low Density Residential (R2) Zone, Medium Density Residential (R3) Zone, High
Density Residential (R4) Zone, Residential-Office (RO) Zone, or Residential Development (RD)
Zone, with limits of not less than $5,000 each person; $10,000 for more than one person for each
occurrence for bodily injury and death; and property damage limits of not less than $5,000; and, in
any instance, in such additional amounts as specified and required by the public works director
when authorizing the work.
(C) Automobile liability insurance with limits of $10,000 each person, and $20,000 each accident for
bodily injury or death; and $5,000 each accident for property damage, or such additional amounts as
specified by the public works director when authorizing the work.
SECTION 21. Section 32-52 ofthe Grand Island City Code is hereby amended to
read as follows:
- 10-
Approved as to Form 0
September 15, 1998 0 CIty Attorney
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ORDINANCE NO. 8404 (Cont.)
~32-52. Prerequisites Generally
Any person who intends or desires to alter, break, construct, reconstruct, or remove any curb, gutter, public
sidewalk, or hardsurfaced driveway, or any combination of them within the area of any street right-of-way lying
within the limits of the City, or within its zoning jurisdiction, shall notify the public works director of such intent or
desire and obtain a permit therefor. No construction or reconstruction work in connection therewith shall be started
until the public works director has provided the necessary stakes for alignment and grade line and has furnished
specifications for such work. A permit fee of $15.00~ shall be charged for each permit, and each permit shall
expire six months from date of issuance.
SECTION 22. Section 32-69 of the Grand Island City Code is hereby amended to
read as follows:
~32-69. General
No person shall use or occupy any portion of any street, alley, sidewalk space, or other area of public right-
of-way within the City without the express permission of the City of Grand Island, and having in force and effect a
license agreement therefor. Any person filing an application for a license agreement to occupy or utilize any street,
alley, easement, or other real estate owned by or under the control of the City of Grand Island, at the time of filing of
an application for a license agreement with the city clerk, shall pay to the city treasurer a processing fee of
$75.001(hOO, which shall not be refundable.
The procedure for review of an application for a license agreement shall be as follows:
(A) Applications for a license agreement involving only concrete or asphaltic paving shall be reviewed and
may be approved by the Department of Public Works and Utilities Department.
(B) Applications for a license agreement involving only sanitary sewer service lines shall be reviewed and
may be approved by the Department ofpublic Works and Utilities Department.
(C) Applications for a license agreement involving a canopy or awning attached to a building located
within the following described business district shall be reviewed and may be approved by the Department of
Public Works, Utilities Department, and Building Department:
Beginning at a point of beginning, being the intersection of the centerline of Clark Street and the
centerline of the alley located one-half block North of Fourth Street; thence northeasterly along
the centerline of said alley to the West right-of-way line of Cherry Street, now vacated; thence
southwesterly along said right-of-way line extended to the centerline of the alley located one-
half block South of First Street; thence southwesterly along the centerline of said alley to the
centerline of Sycamore Street; thence southerly along the centerline of Sycamore Street to a
point located on the easterly extension of the South lot line of Lot 3 of Westervelt Subdivision;
thence westerly along said lot line and extension to the centerline of Pine Street; thence
southerly along the centerline of Pine Street to the centerline of Koenig Street; thence westerly
and southwesterly along the centerline of Koenig Street to the centerline of Cedar Street; thence
northwesterly along the centerline of Cedar Street to the centerline of the alley one-half block
South of First Street; thence southwesterly along the centerline of said alley to the centerline of
Clark Street; thence northwesterly along the centerline of Clark Street to the point of beginning.
(D) In the event an application submitted under (A), (B), or (C) above is disapproved in whole or in part,
the applicant may within fifteen (15) days of the date of the decision, request that the application be reviewed
by the City Council in the same manner as other applications for a license agreement. All applications for a
license agreement involving improvements other than those listed in (A), (B), or (C) above shall be reviewed
and approved by the City Council.
SECTION 23. Section 34-3 of the Grand Island City Code is hereby amended to
read as follows:
- 11 -
Approved as to Form D mz:
September 15,1998 Deity Attorney
I
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ORDINANCE NO. 8404 (Cont.)
~34-3. Taxicab Company Permit; Fees
Every application for a permit as required by ~34-1 shall be accompanied by a receipt for $30.00~ for
the permit for the first vehicle, and $6.00~ for each subsequent permit issued to the same person for additional
vehicles, signed by the city treasurer, which money shall be deemed an occupation tax and shall go into the general
fund ofthe City.
SECTION 24. Section 34-17 ofthe Grand Island City Code is hereby amended to
read as follows:
~34-17. Fees
An annual permit fee shall be charged for permits issued pursuant to this article as follows:
For each original permit $12.00lOA)()
For each renewal permit $12.00lOA)()
SECTION 25. Section 37-35 of the Grand Island City Code is hereby amended to
read as follows:
~37-35. Permit Fees
The following is a schedule to be used for the purpose of determining the basis for fees for permits requiring
inspections within the zoning jurisdiction of the City:
Estimated Valuation Fee
$1.00 to $1,600 ............................................................................................................. $22.00
$1,601 to $1,700 ........................................................................................................... $24.00
$1,701 to $1,800 ................................................................................. .................. $28.00~
$1,801 to $1,900.................................................................................................... $3I,OOw.eo
$1,901 to $2,000.................................................................................................... $33 .OO~
$2,001 to $25,000 ........................................ $33.00~ for the first $2,000 plus $6,OO~ for each
additional $1,000 or fraction thereof, to and including $25,000
$25,001 to $50,000 ................................. $171.00~ for the ftrst $25,000 plus $4.604,.W for each
additional $1,000 or fraction thereof, to and including $50,000
$50,001 to $100,000................................ $286.00~ for the ftrst $50,000 plus $3.25~ for each
additional $1,000 or fraction thereof, to and including $100,000
$100,001 and up ....................................$448.50~ for the ftrst $100,000 plus $2.852.W for each
additional $1,000 or fraction thereof.
Other Inspections and Fees Per Hour
5. Inspections outside of normal business hours ..................................................................$31.00*
6. Reinspection Fee ..,..................,........,...,........,........,............,...,.......,.......,...,...,............,... $31.00 *
7. Inspections for which no fee is speciftcally indicated ......................................................$31.00*
8. Additional plan review required by changes, additions or revisions to approved plans (minimum charge,
one-half hour) .,...,...'...,...,...,........,...,........ .........,............ ...................,.......,..........,...,....... $31.00*
*Or the total hourly cost to the jurisdiction, whichever is greater. The cost shall include supervision, overhead,
equipment, hourly wages and fringe beneftts of all the employees involved.
SECTION 26. Section 37-40 of the Grand Island City Code is hereby amended to
read as follows:
- 12 -
Approved as to Form D ~
September 15, 1998 Deity Attorney
I
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I
ORDINANCE NO. 8404 (Cont.)
~37-40. Registration fee; Building Mover
The fee, as referenced in ~8-43, shall be as follows:
New building mover license issued between January 1 and June 30..................................... $160.00~
New building mover license issued between July 1 and December 31 ................................. $11O.00~
License Renewal...................................................................................................................... $ 60.00~
SECTION 27. Section 37-41 of the Grand Island City Code is hereby amended to
read as follows:
~37-41. Registration fee; Razing and Demolishing Building
The fee, as referenced in ~8-60, shall be as follows:
New license issued between January 1 and June 30 ..................................................................$160.00~
New license issued between July 1 and December 31...............................................................$11O.00~
License Renewal..........................................................................................................................$ 60.00~
SECTION 28. Section 37-58 of the Grand Island City Code is hereby amended to
read as follows:
~37-58. Registration Fee; Contracting Electrician
The registration fee, as referenced in ~ 15-35(C) shall be as follows:
New electrical contractor's license issued between January 1 and June 30 ...............................$160.00m~()O
New electrical contractor's license issued between July 1 and December 31............................$110.00~
Renewals........................................................................................................................................$60.00~
SECTION 29. Sections 15-51, 16-13, 16-27, 17-15, 17-29, 18-21, 23-31, 25-3,
26-10,26-38,26-60,30-28,30-81,30-82,30-83, 30-84, 30-93, 31-3, 32-25, 32-27, 32-51, 32-69,
34-3, 34-17, 37-35, 37-40, 37-41, and 37-58 as now existing, and any ordinances or parts of
ordinances in conflict herewith be, and hereby are, repealed.
SECTION 30. The fees set out above shall become effective on October 1, 1998.
SECTION 31. That 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.
- 13 -
Approved as to Form 0 (J:/'Z'
September 15, 1998 0 City Attorney
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I
ORDINANCE NO. 8404 (Cont.)
Enacted: September 14, 1998.
Ken Gnadt, Mayor
Attest:
Cindy K. Cartwright, City Clerk
This Ordinance was adopted on first reading on September 14, 1998.
- 14 -
Approved as to Form D ~
September 15, 1998 D City Attorney
I
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I
ORDINANCE NO. 8404
An ordinance to amend Chapters 15, 16, 17, 18,23,25,26,30,31,32, 34, and 37
of the Grand Island City Code; to amend Sections 15-51, 16-13, 16-27, 17-15, 17-29, 18-21,23-
31,25-3,26-10,26-38,26-60,30-28,30-81,30-82, 30-83, 30-84, 30-93, 31-3, 32-25, 32-27, 32-
52,32-69,34-3,34-17,37-35,37-40,37-41, and 37-58 pertaining to user fees; to repeal Sections
15-51, 16-13, 16-27, 17-15, 17-29, 18-21,23-31,25-3,26-10,26-38,26-60,30-28,30-81,30-82,
30-83,30-84,30-93,31-3,32-25,32-27,32-52,32-69, 34-3, 34-17, 37-35, 37-40, 37-41, and 37-
58 as now existing, and any ordinance 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. Section 15-51 of the Grand Island City Code is hereby amended to
read as follows:
~15-51. Payment Conditions
(I) All bills are due when received.
(2) If full payment is not received prior to the printing of the statement for the next billing period, a late
payment charge shall be assessed. This charge shall be $2.00, plus 1% of the unpaid balance of $5.00 or more.
(3) A $20.00 service charge shall be collected before reconnection, in each instance of disconnection for
nonpayment of billing; provided such service charge shall be $70.00, ifreconnection is demanded after business
hours.
(4) A $15.00 service charge will be assessed for each check returned for insufficient funds. This charge is
in addition to any other charges.
(5) A $9.00 service charge shall be collected, before all new connections are made by the City Utilities
Department.
(6) A $9.00 service charge shall be collected, to transfer service from one occupant to another occupant at
the same location.
(7) Service periods are normally for periods of one year or longer. If it appears that services are being
disconnected and reconnected within a twelve-month period, in order to avoid minimum billing charges; an
amount equivalent to the minimum billings for the disconnected period (not to exceed eleven months) must be
paid before the service is reconnected. This is in addition to the normal connection charges.
SECTION 2. Section 16-13 of the Grand Island City Code is hereby amended to
read as follows:
Approved as to Form T t;dt5
October 13, 1998 ... City Attorney
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I
ORDINANCE NO. 8404 (Cont.)
~16-13. Permit to Sell Fireworks
It shall be unlawful for any person to sell or offer for sale permissible fIreworks in the City without fIrst
having made application to the Bureau of Fire Prevention for a permit and received a permit to do so from the city
clerk. Such permits shall cost $180.00 and shall be valid for the calendar year in which issued, and shall at all times
be displayed at the place of business of the holder thereof. Such permits shall not be transferable.
SECTION 3. Section 16-27 of the Grand Island City Code is hereby amended to
read as follows:
~16-27. Ambulance Service; Basic Rates
The rates for basic ambulance service provided by the City of Grand Island, Nebraska, are set as follows:
(1) $155.00 per call for non-emergency transportation, plus mileage (computed one-way only).
(2) $255.00 per call for BLS emergency transportation, plus mileage (computed one-way only).
(3) $355.00 per call for ALS emergency transportation, plus mileage (computed one-way only).
(4) $75.00 per call, plus supplies, for ALS emergency service when patient is not transported but some
service is rendered.
(5) $5.50 per patient mile for long distance calls, for BLS transportation. $6.05 per mile for ALS
transportation.
(6) Base rate for long distance transportation:
$155.00 for BLS, plus supplies
$175.00 for ALS non-emergency, plus supplies
$270.00 for ALS emergency, plus supplies
(7) $55.00 per family subscription program which allows for medically directed ambulance use at no cost
to subscription holder.
(8) $35.00 per call when emergency medical dispatch protocol is exercised in conjunction with the call.
(9) $25.00 for standby ambulance service.
SECTION 4. Section 17-15 of the Grand Island City Code is hereby amended to
read as follows:
~17-15. License Required; Fee
(A) It shall be unlawful for any person, fIrm, or corporation to collect and transport garbage or refuse for hire
without fIrst obtaining a license therefor from the City.
(B) The following two types of licenses are authorized:
(1) Garbage Hauler License entitles the licensee to collect and transport both garbage and refuse.
(2) Refuse Hauler License entitles the licensee to collect and transport only refuse.
(C) The license year shall run from October 1 of the calendar year to September 30 of the following calendar year.
(D) The fee for a garbage hauler license shall be $175.00 per license year or any fraction thereof, no part of which
shall be refundable.
(E) The fee for a refuse hauler license shall be $50.00 per license year or any fraction thereof, no part of which
shall be refundable.
(F) The provisions ofthis section shall not apply to lawn care or tree trimmer businesses.
(G) No license issued hereunder shall be transferable.
- 2 -
Approved as to Form T
October 13, 1998 ... City Attorney
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I
ORDINANCE NO. 8404 (Cont.)
SECTION 5. Section 17-29 ofthe Grand Island City Code is hereby amended to
read as follows:
~17-29. Fees
(A) All persons who dispose of Municipal Solid Waste at the City transfer station, or the Grand Island
Regional landfill when permitted, shall pay to the City for such dumping privileges, for each load, an amount as
follows:
Transfer Station
(1) Municipal Solid Waste:
A. In County....... . .. .. .. .. . .. .. .. .. . .. . . . . . .. $9040/ cubic yard; $4.70 minimum charge
B. Out-County.................. $14.IO/cubic yard; $7.05 minimum charge
An additional charge of$2.50 per cubic yard shall apply when the delivering vehicle is not properly equipped
or the load is not completely covered, or otherwise contained or securely fastened as required by this chapter
or other applicable laws. Penalty provision applies to all loads.
(2) Tires:
A. $3.25 per passenger car tire
$13.25 per passenger car tire - mounted
B. $10.00 per truck tire
$25.00 per truck tire - mounted
C. $25.00 per implement tire
$50.00 per implement tire - mounted
(3) Special Waste Disposal Rates
A. Yard Waste*: Clean grass, leaves, other compostable yard
and garden wastes (Free of trash and debris. All plastic bags
to be removed by hauler).......................................... $5.00cy; $2.50 minimum
B. Clean Trees & Branches*: Limbs, whole trees 10" or less in
diameter, clean lumber, no trash or debris... ... ...... ... ........ $2.50cy; $1.25 minimum
*Non-compostable wastes, large stumps, and all other acceptable solid waste subject to general solid waste
disposal charges.
Landfill
(4) Municipal Solid Waste:
A. In County............... ... ......... ... ......... $6.25cy
B. Out-County ...................... 9AOcy
An additional charge of $2.50 per cubic yard shall apply when the delivering vehicle is not properly
equipped, or the load is not completely covered, or otherwise contained or securely fastened as required by
this chapter or other applicable laws. Penalty provision applies to all loads.
**No special waste (i.e., asbestos, contaminated soils, etc.) accepted from short term contract holders.
(5) Special Waste Disposal Rates:
A. Fuel Contaminated Soils: Requires Nebraska Dept of Environmental Quality pre-approved and notification
to landfill as follows:
In County...... ......... ...... ............. $15.00 cy; $15.00 minimum
Out-County .................. $25.00 cy; $25.00 minimum
B. Asbestos and Other Waste Requiring Special Handling: May require Nebraska Dept of Environmental
Quality pre-approval and notification to landfill. Disposal during scheduled intervals and haulers shall use same
equipment and procedures at disposal area as required for removal procedures. ACM shall be in approved
condition and/or containers. (Conditions subject to change as required by federal, state, or local rules and
regulations. )
In County........................................ $45.00 cy; $45.00 minimum
Out-County ........................ $67.50 cy; $67.50 minimum
- 3 -
Approved as to Form T
October 13, 1998 ... City Attorney
I
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I
ORDINANCE NO. 8404 (Cont.)
(6) Street Sweepings: $3.50 per cubic yard
No Municipal Solid Waste shall be accepted from outside of Hall County until an agreement is approved by the
Solid Waste Agency covering the receipt of same.
(B) The fees set forth in subsection (A) above in excess of the stated minimums shall be calculated at a rate
based upon the capacity of the hauling vehicle as determined by the persons in charge of the transfer station and
landfill and not upon the actual amount of refuse; provided, that partial loads may be charged as follows.
(1) Amounts contained within less than 50 percent of vehicle's cargo area: 50% of base fee for
rate capacity;
(2) Amounts contained within less than 75 percent but more than 50 percent of the vehicle's
cargo area: 75% of base fee for rate capacity;
(3) Amounts contained within less than 100 percent but more than 75 percent of the vehicle's
cargo area: the base fee for rated capacity;
(4) It shall be the responsibility of the hauler to demonstrate which loads qualify for a rate less
than the full rate, but the determination of the rate to be charged shall be made by the transfer
station or landfill attendant, and borderline cases shall be resolved in favor ofthe higher rate.
(C) If full payment is not received within thirty (30) days from the date of the statement, a late payment
charge shall be assessed. This charge shall be one percent (1 %) per month of the unpaid balance.
(D) The above fees may be waived by order of the mayor when, in the discretion of the mayor, the public
health, safety, and welfare of the community would be enhanced by the waiving of such fees because of city-wide or
district cleanup or improvement campaigns, or because of fire, flood, tornado, or other event, or series of events,
causing extensive damage to the homes and property of the residents of the City of Grand Island.
This section shall not be construed to permit the mayor to waive fees for garbage and refuse licensees under
this chapter, disposing of garbage, refuse and waste materials for hire at the City transfer station or sanitary landfill
in the normal course of their business.
SECTION 6. Section 18-21 of the Grand Island City Code is hereby amended to
read as follows:
~18-21. Fees
The following fees shall be charged for registration and examination:
New master gas fitting contractor's license fee issued between January 1 and June 30 ............................ $160.00
New master gas fitting contractor's license fee issued between July 1 and December 31......................... $110.00
Renewal of master gas fitting contractor's license ....................................................................................... $60.00
Master gas fitter's license registration card................................................................................................. $ 10.00
Journeyman gas fitter's registration card .................................................................................................... $ 10.00
Master gas fitter's examination fee ............................................................................................................. $ 10.00
Journeyman gas fitter's examination fee ..................................................................................................... $ 10.00
SECTION 7. Section 23-31 of the Grand Island City Code is hereby amended to
read as follows:
~23-31. Occupation Tax
All solicitors, peddlers, itinerant merchants and transient vendors of merchandise, magazines, publications,
wares, and services shall pay an occupation tax of $175.00 per year, or $42.00 per month.
- 4 -
Approved as to Form T
October 13, 1998 ... City Attorney
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ORDINANCE NO. 8404 (Cont.)
SECTION 8. Section 25-3 of the Grand Island City Code is hereby amended to
read as follows:
~25-3. Occupation Tax
There is hereby levied on all persons engaged in the business of pawnbroker an occupation tax of $55.00 a
year, which occupation tax shall be paid to the city treasurer who shall give a receipt for such payment. If the city
council in its discretion grants a license to operate as a pawnbroker for a six months' period to any person applying
therefor, the occupation tax to be charged in such an event shall be $27.50 for such period.
SECTION 9. Section 26-10 of the Grand Island City Code is hereby amended to
read as follows:
~26-10. Fee Schedule Based Upon Valuation
Estimated Valuation Fee
$1.00 to $1,600 ............................................................................................................. $22.00
$1,601 to $1,700 ........................................................................................................... $24.00
$1,701 to $1,800 ........................................................................................................... $28.00
$1,801 to $1,900............................................................................................................ $31.00
$1,901 to $2,000............................................................................................................ $33.00
$2,001 to $25,000 ......................................................$33.00 for the frrst $2,000 plus $6.00 for each
additional $1,000 or fraction thereof, to and including $25,000
$25,001 to $50,000................................................ $171.00 for the frrst $25,000 plus $4.60 for each
additional $1,000 or fraction thereof, to and including $50,000
$50,001 to $100,000............................................... $286.00 for the frrst $50,000 plus $3.25 for each
additional $1,000 or fraction thereof, to and including $100,000
$100,001 and up ...................................................$448.50 for the frrst $100,000 plus $2.85 for each
additional $1,000 or fraction thereof.
Other Inspections and Fees Per Hour
1. Inspections outside of normal business hours ..................................................................$31.00*
2. Reinspection Fee ..............................................................................................................$31.00*
3. Inspections for which no fee is specifrcally indicated ......................................................$31.00*
4. Additional plan review required by changes, additions or revisions to approved plans (minimum charge,
one-half hour) ................................................................................................................... $31.00*
*Or the total hourly cost to the jurisdiction, whichever is greater. The cost shall include supervision, overhead,
equipment, hourly wages and fringe benefrts of all the employees involved.
SECTION 10. Section 26-38 of the Grand Island City Code is hereby amended to
read as follows:
~26-38. Registration; Fee
The fees to be collected by the chief building offrcial for the registration of a plumbing contractor shall be as follows
per calendar year:
Plumbing Contractors License issued between January 1 and June 30 ................................................... $160.00
Plumbing Contractors License issued between July 1 and December 31................................................ $110.00
Plumbing Contractors License, consecutive renewal ................................................................................ $60.00
- 5 -
Approved as to Form... (3;!/'C-
October 13, 1998 ... City Attorney
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ORDINANCE NO. 8404 (Cont.)
SECTION 11. Section 26-60 of the Grand Island City Code is hereby amended to
read as follows:
~26-60. License; Fees
The fee to be collected by the building inspector for the registration of water conditioning contractors shall be as
follows:
New water conditioning contractors license issued between January I and June 30............................... $160.00
New water conditioning contractors license issued between July I and December 31 ........................... $110.00
Renewal.................................................................................................................................................... $ 60.00
Annual fee for water conditioning installers............................................................................................. $ 10.00
SECTION 12. Section 30-28 ofthe Grand Island City Code is hereby amended to
read as follows:
~30-28. Applications for Permits
Applications for permits to connect, tap, construct, modify or make attachments to public sewers shall be
made to the director upon forms provided by the City. Such applications shall be accompanied by a fee in the
amount of $20.50 to cover the cost of inspection, recording, and other expenses. The application shall show the
exact location of the proposed work, and when requested by the director, the plumber shall provide plans or
specifications of the proposed work. When required, an application shall be on file with the director twenty-four
hours before the issuance of a permit. If work is commenced prior to application for the permit, an investigation fee
in addition to the permit fee in the same amount as the permit fee shall be assessed. Each permit shall expire six (6)
months from date of issuance.
SECTION 13. Section 30-81 of the Grand Island City Code is hereby amended to
read as follows:
~30-81. Volume Charges
The charges for sewer service shall be paid either quarterly or monthly in conformance with the billing for
water, and each consumer shall be billed per 100 cubic feet at the following rates effective on the dates shown:
July 1, 1993................................................................. $0.626
January 1, 1994 .......................................................... $0.724
July 1, 1994................................................................. $0.838
January 1, 1995........................................................... $0.97
October 1, 1997........................................................... $1.014
October 1,1998........................................................... $1.028
SECTION 14. Section 30-82 of the Grand Island City Code is hereby amended to
read as follows:
~30-82. Service Charges
The service charge for sewage contributions to consumers and users shall be at the following rates per
month effective on the dates shown, regardless of the volume of sewage contributed.
Approved as to Form T ~
October 13, 1998 ... CI y Attorney
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ORDINANCE NO. 8404 (Cont.)
July 1, 1993................................................................. $3.82
January 1, 1994........................................................... $4.42
July 1, 1994................................................................. $5.11
January 1, 1995 .......................................................... $5.92
October 1, 1997........................................................... $6.19
October 1,1998........................................................... $6.28
SECTION 15. Section 30-83 of the Grand Island City Code is hereby amended to
read as follows:
~30-83. Industrial Waste Surcharge
Extra Strength Surcharge
An industrial waste surcharge shall be assessed against any person discharging industrial wastes into the City's
sanitary sewer system where the contributed wastewater strength exceeds normal strength wastewater and shall be
billed at the followin rates effective on the dates as shown:
Effective Date BOD Charge SS Charge Oil & Grease
($/lb over 300 ($/lb over 300 ($/lb over 100
11 m 11 m II
Ammonia
($/lb over 30
11
0.2676
6
677
*Hydrogen Sulfide charges for industries discharging directly into the City's wastewater treatment plant = $6,792.50
per month plus $0.0954 per pound.
Customer Charge
The specific costs incurred by the City associated with monitoring and determining flow and strength.
Industrial Four Part Charge
The industrial service four-part charges will be applied to those industrial users who certify that their sewage
contributions are less than normal strength wastewater, and such customers shall be billed at the following charges
as of the effective dates shown:
Effective Flow Charge
Date ($/hcf)
Flow charge for
contributions
direct to WWTP
$/hc
- 7 -
Approved as to Form T C5(fl7'
October 13, 1998 ... City Attorney
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ORDINANCE NO. 8404 (Cont.)
BOD
($/lb
o mg/I)
SS
($/Ib
o mgll)
Charge Oil & Grease
over ($/Ib over
o mgll)
Ammonia
($/Ib over 0
mg/I)
Hydrogen
Sulfide
($/Ib over 0
mil
Charge
over
2
2
2
2
2
6
1 199 6 7 7
*Hydrogen Sulfide charges for industries discharging directly into the City's wastewater treatment plant = $6,792.50
per month plus $0.0954 per pound.
Customer Charge - The specific costs incurred by the City associated with monitoring and determining flow and
strength and/or checking the users certification.
SECTION 16. Section 30-84 of the Grand Island City Code is hereby amended to
read as follows:
~30-84. Minimum Charges
The minimum charge for sewage contributions shall be the sum of applicable service charge, volume
charge and/or extra strength surcharge. For customers billed on the industrial four part charge, the minimum charge
shall be the sum of the volume, BOD, SS, oil and grease, hydrogen sulfide, ammonia, and customer charge.
The minimum charge for sewage contributions to consumers and users who are not required to meter their water
supply shall be in the following amounts on the effective dates as shown:
July 1, 1993.................................................................... $8.91
January 1, 1994.............................................................. 10.31
July 1, 1994.................................................................... 11.93
January 1, 1995 ............................................................. 13.81
October 1, 1997.............................................................. 14.43
October 1, 1998.............................................................. 14.64
SECTION 17. Section 30-93 of the Grand Island City Code is hereby amended to
read as follows:
~30-93. Charges for Septic Tank Sludge
Septic tank sludge may be deposited at the City's water pollution control plant in a location designated by
the superintendent of the said plant or his representative after payment of a fee in accordance with the following
schedule for ordinary septage, having strength up to 6,000 mg/l BOD, and 20,000 mg/l SS.
Per 100 gallons or fraction thereof of tank capacity as shown in the following table, with the effective dates
as shown, with a minimum fee $5.83:
Effective Date
Jull 1993
Jan 1 1994
- 8 -
Approved as to Form T ~
October 13, 1998 .... City Attorney
I
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I
ORDINANCE NO. 8404 (Cant.)
Jull, 1994 $4.25
Jan 1, 1995 $5.00
Oct 1. 1997 $5.23
Oct. 1 1998 $5.30
For septage having strength of more than 6,000 mg/l BOD, and 20,000 mb/l SS, the fee shall be calculated
by applying the industrial four-part rate specified in ~30-83.
Waste from a recreational vehicle may be deposited at the City's water pollution control plant in a location
designated by the superintendent of said plant. Fees for such discharge of recreational waste shall be on a voluntary
basis.
SECTION 18. Section 31-3 of the Grand Island City Code is hereby amended to
read as follows:
~31-3. Sign Hanger's License
(1) It shall be unlawful for any person to engage in the business of sign hanging without first obtaining a license for
such business from the City, and without maintaining comprehensive liability insurance as provided herein.
(2) The fee for a sign hanger's license shall be:
a. $160.00 for a new license issued between January 1 and June 30;
b. $110.00 for a new license issued between July 1 and December 31;
c. $60.00 for the renewal of an existing license.
(3) Every licensee shall maintain in full force and effect an insurance policy written by a company or companies
authorized to do business in the State of Nebraska with the following coverages and amounts:
(a) Comprehensive general liability insurance covering the operations of the licensee, including
completed operations coverage, with limits of not less than $300,000 per occurrence for bodily
injury and property damage;
(b) A provision making the City of Grand Island a named insured for all third party bodily injury
and property damage claims arising out of occurrences in connection with the licensee's
operations, including completed operations, within the City's zoning jurisdiction;
(c) A provision that said policy or policies may not be canceled without written notice of such
cancellation having been served on the City at least thirty days prior to the date of cancellation.
SECTION 19. Section 32-25 of the Grand Island City Code is hereby amended to
read as follows:
~32-25. Permit; Fee
The party applying for a permit to make a pavement or sidewalk cut shall pay to the City at the time such
permit is issued a fee in the sum of fifteen dollars ($15.00), which amount shall be credited to the general fund of the
City. No fee shall be charged for those performing services under contract for the City but a permit shall be required.
If work is commenced prior to application for the permit, an investigation fee in addition to the permit fee in the
same amount as the permit fee shall be assessed. Each permit shall expire six months from date of issuance.
SECTION 20. Section 32-27 of the Grand Island City Code is hereby amended to
read as follows:
- 9 -
Approved as to Form T ~
October 13, 1998 ... City Attorney
I
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I
ORDINANCE NO. 8404 (Cout.)
~32-27. Charges for Pavement Cuts
The City will, after the person or corporation receives the permit, do the following work at the charges set
f~~~1~~9..~P.~~~.!~.~...9.~~~gf.P~?.!.i.~...~!i..!i.!Y..9.gl:1?gElJ.:!~~~~.g~..9.i.!Y~~~~~~.~!i.!.i.!Y...~~P~1.:!~~~!~...~~~~!~~g.f.~!~P!~Yi.~.~~:.
(1) For each linear foot of sidewalk or pavement cut (sawed), whether $3.00
bituminous or concrete
......,.......................... ..................,...........,"'........................................."..................................." ,............................................. ............................................................................. ......................................,................................................................. ..................................
..~~P.I.~9..~~~~!..f.~~..~~~~m~q~~.~f.~~~gf..f.<:l.~.(i)m~~~m~~~.~~.~!~....~i.~~~'.l:I.!<:m... ... .............................00.............................~}:.?? ....... ..........,
Replacement for each square foot of five (5) inch concrete sidewalks or $3.50
mm.~~.i.y~~~y.~....m . .... . '00' 00"'0000 ....... "0000"'00' ..............00.....00.00000000.00...00
Replacement for each square yard of six (6) inch concrete pavement $29.00
................Y.!..~!~...~.~y.~~.(?)..~g9.Q..~~g~~.~!~..p.~y~~~g!...............000000000000 0000....00...................00......................00..00..............00 ....................................00.. 0000..................0000.00............00....... .....
Replacement for each square yard of one (1) inch additional thickness $2.25
OVe!..~i.~..,(2.)..~9.~...~.~.~.~!~!.~...p.'.l:y~~~g!m.... ............. ........................................00000000.00................ . ...... .......00.....00000000..0000 .......................00.00..
! (6) Replacement for each square yard of bituminous surfaced pavement two $27.50
I (7) ............~1p~~~~:~:.~~~~~~h~;~~~r~~~J~jf~i~~~j~b;'C11..bii~i;;o~s.sirrface(j'................................ ........................$21.50
'00.................. ..m..p.~y~~~g!...Y.!...i.!~~~!.~.~~!l:~~~!~..?.'.l:~~m.m...............mm............00...... 0000..00....00....00..
L.{~)...m.............. ........:fgE...~.'.l:~~...I.i.g.~~!..f<?~!...2.f...9.~~?..~~~!!~gm~g!~~..f<:lE..~~i..Y~~'.l:y..~ 00.00............................. ........... . ...............00....0000........ ...............m."m...~~.:..!? ..........00......../
! (9) Replacement for each square yard of 2" bituminous surfaced pavement $16.75
I
l.mm......2.Y~!~~.i..~!~gg~~g~E~.!~P~y~!l:g.....
2
I (3)
I
loom...........
! (4)
(5)
;
i
..............;
The money collected for the above charges shall be credited to the Street, Alley & Paving Fund.
In lieu of the City performing any of the above services, a permittee may perform such work on City right-
of-way abutting permittee's property only, or may employ an independent contractor, as approved by the public
works director. Such permittee shall not connnence work until providing City proof of insurance coverage with
limits not less than hereinafter set out, namely:
(A) Worker's Compensation Insurance in compliance with the laws of the State of Nebraska, and
Employees Liability Insurance.
(B) Public Liability and Property Damage Insurance covering with limits as follows:
(i) Where work is to be performed in Light Business (Bl) Zone, General Business (B2) Zone,
Heavy Business (B3) Zone, Light Manufacturing (M1) Zone, Heavy Manufacturing (M2) Zone,
Connnercial Development (CD) Zone, or Industrial Development (ID) Zone, with limits of not
less than $25,000 for each person; $50,000 for more than one person for each occurrence for
bodily injury and death; and property damage limits of not less than $10,000; and
(ii) Where work is to be performed in Transitional Agriculture (T A) Zone, Suburban Residential
(R1) Zone, Low Density Residential (R2) Zone, Medium Density Residential (R3) Zone, High
Density Residential (R4) Zone, Residential-Office (RO) Zone, or Residential Development (RD)
Zone, with limits of not less than $5,000 each person; $10,000 for more than one person for each
occurrence for bodily injury and death; and property damage limits of not less than $5,000; and, in
any instance, in such additional amounts as specified and required by the public works director
when authorizing the work.
(C) Automobile liability insurance with limits of $10,000 each person, and $20,000 each accident for
bodily injury or death; and $5,000 each accident for property damage, or such additional amounts as
specified by the public works director when authorizing the work.
SECTION 21. Section 32-52 of the Grand Island City Code is hereby amended to
read as follows:
~32-52. Prerequisites Generally
Any person who intends or desires to alter, break, construct, reconstruct, or remove any curb, gutter, public
sidewalk, or hardsurfaced driveway, or any combination of them within the area of any street right-of-way lying
within the limits of the City, or within its zoning jurisdiction, shall notify the public works director of such intent or
Approved as to Form T ~
October 13, 1998 .... City Attorney
- 10-
I
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I
ORDINANCE NO. 8404 (Cont.)
desire and obtain a permit therefor. No construction or reconstruction work in connection therewith shall be started
until the public works director has provided the necessary stakes for alignment and grade line and has furnished
specifications for such work. A permit fee of$15.00 shall be charged for each permit, and each permit shall expire
six months from date of issuance.
SECTION 22. Section 32-69 of the Grand Island City Code is hereby amended to
read as follows:
~32-69. General
No person shall use or occupy any portion of any street, alley, sidewalk space, or other area of public right-
of-way within the City without the express permission of the City of Grand Island, and having in force and effect a
license agreement therefor. Any person filing an application for a license agreement to occupy or utilize any street,
alley, easement, or other real estate owned by or under the control of the City of Grand Island, at the time of filing of
an application for a license agreement with the city clerk, shall pay to the city treasurer a processing fee of $75.00,
which shall not be refundable.
The procedure for review of an application for a license agreement shall be as follows:
(A) Applications for a license agreement involving only concrete or asphaltic paving shall be reviewed and
may be approved by the Department of Public Works and Utilities Department.
(B) Applications for a license agreement involving only sanitary sewer service lines shall be reviewed and
may be approved by the Department of Public Works and Utilities Department.
(C) Applications for a license agreement involving a canopy or awning attached to a building located
within the following described business district shall be reviewed and may be approved by the Department of
Public Works, Utilities Department, and Building Department:
Beginning at a point of beginning, being the intersection of the centerline of Clark Street and the
centerline of the alley located one-half block North of Fourth Street; thence northeasterly along
the centerline of said alley to the West right-of-way line of Cherry Street, now vacated; thence
southwesterly along said right-of-way line extended to the centerline of the alley located one-
half block South of First Street; thence southwesterly along the centerline of said alley to the
centerline of Sycamore Street; thence southerly along the centerline of Sycamore Street to a
point located on the easterly extension of the South lot line of Lot 3 of Westervelt Subdivision;
thence westerly along said lot line and extension to the centerline of Pine Street; thence
southerly along the centerline of Pine Street to the centerline of Koenig Street; thence westerly
and southwesterly along the centerline of Koenig Street to the centerline of Cedar Street; thence
northwesterly along the centerline of Cedar Street to the centerline of the alley one-half block
South of First Street; thence southwesterly along the centerline of said alley to the centerline of
Clark Street; thence northwesterly along the centerline of Clark Street to the point of beginning.
(D) In the event an application submitted under (A), (B), or (C) above is disapproved in whole or in part,
the applicant may within fifteen (15) days of the date of the decision, request that the application be reviewed
by the City Council in the same manner as other applications for a license agreement. All applications for a
license agreement involving improvements other than those listed in (A), (B), or (C) above shall be reviewed
and approved by the City Council.
SECTION 23. Section 34-3 of the Grand Island City Code is hereby amended to
read as follows:
~34-3. Taxicab Company Permit; Fees
Every application for a permit as required by ~34-1 shall be accompanied by a receipt for $30.00 for the
permit for the first vehicle, and $6.00 for each subsequent permit issued to the same person for additional vehicles,
- 11 -
Approved as to Form T
October 13, 1998 ... City Attorney
I
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I
ORDINANCE NO. 8404 (Cont.)
signed by the city treasurer, which money shall be deemed an occupation tax and shall go into the general fund of
the City.
SECTION 24. Section 34-17 of the Grand Island City Code is hereby amended to
read as follows:
~34-17. Fees
An annual permit fee shall be charged for permits issued pursuant to this article as follows:
For each original permit $12.00
For each renewal permit $12.00
SECTION 25. Section 37-35 of the Grand Island City Code is hereby amended to
read as follows:
~37-35. Permit Fees
The following is a schedule to be used for the purpose of determining the basis for fees for permits requiring
inspections within the zoning jurisdiction of the City:
Estimated Valuation Fee
$1.00 to $1,600 ............................................................................................................. $22.00
$1,60 I to $1,700 ........................................................................................................... $24.00
$1,701 to $1,800 ........................................... ................................................................ $28.00
$1,801 to $1,900............................................................................................................ $31.00
$1,90 I to $2,000............................................................................................................ $33.00
$2,001 to $25,000......................................................$33.00 for the first $2,000 plus $6.00 for each
additional $1,000 or fraction thereof, to and including $25,000
$25,001 to $50,000................................................ $171.00 for the first $25,000 plus $4.60 for each
additional $1,000 or fraction thereof, to and including $50,000
$50,001 to $100,000............................................... $286.00 for the first $50,000 plus $3.25 for each
additional $1,000 or fraction thereof, to and including $100,000
$100,001 and up ...................................................$448.50 for the first $100,000 plus $2.85 for each
additional $1,000 or fraction thereof.
Other Inspections and Fees Per Hour
5. Inspections outside of normal business hours ..................................................................$31.00*
6. Reinspection Fee .............................................................................................................. $31.00*
7. Inspections for which no fee is specifically indicated ......................................................$31.00*
8. Additional plan review required by changes, additions or revisions to approved plans (minimum charge,
one-half hour) ................................. ......... ......................................................................... $31.00*
*Or the total hourly cost to the jurisdiction, whichever is greater. The cost shall include supervision, overhead,
equipment, hourly wages and fringe benefits of all the employees involved.
SECTION 26. Section 37-40 of the Grand Island City Code is hereby amended to
read as follows:
- 12 -
Approved as to Form T
October 13, 1998 ... City Attorney
I
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I
ORDINANCE NO. 8404 (Cont.)
~37-40. Registration fee; Building Mover
The fee, as referenced in ~8-43, shall be as follows:
New building mover license issued between January 1 and June 30................................................ $160.00
New building mover license issued between July 1 and December 31 ............................................ $110.00
License Renewal................................... ...................... ...................................................... ................ $ 60.00
SECTION 27. Section 37-41 of the Grand Island City Code is hereby amended to
read as follows:
~37-41. Registration fee; Razing and Demolishing Building
The fee, as referenced in ~8-60, shall be as follows:
New license issued between January 1 and June 30.............................................................................$160.00
New license issued between July 1 and December 31..........................................................................$110.00
License Renewal....................................... .......................... .... ...... .... ..................... ....... ................ ........$ 60.00
SECTION 28. Section 37-58 of the Grand Island City Code is hereby amended to
read as follows:
~37-58. Registration Fee; Contracting Electrician
The registration fee, as referenced in ~ 15-35(C) shall be as follows:
New electrical contractor's license issued between January 1 and June 30 ..........................................$160.00
New electrical contractor's license issued between July 1 and December 31.......................................$110.00
Renewals... ... ............................................. .............................. .............. .... ......... ........... ....... ............ ... ... .$60 .00
SECTION 29. Sections 15-51, 16-13, 16-27, 17-15, 17-29, 18-21,23-31,25-3,
26-10,26-38,26-60,30-28,30-81,30-82,30-83, 30-84, 30-93, 31-3, 32-25, 32-27, 32-51, 32-69,
34-3, 34-17, 37-35, 37-40, 37-41, and 37-58 as now existing, and any ordinances or parts of
ordinances in conflict herewith be, and hereby are, repealed.
SECTION 30. That 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.
- 13 -
Approved as to Form., ~
October 13, 1998 A City Attorney
I
I
I
Attest:
&-1]
Cindy .
ORDINANCE NO. 8404 (Cont.)
Enacted: October 12, 1998.
T
~~
Ken t, Mayor
- 14-
Approved as to Form T
October 13, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8405
An ordinance to amend Chapters 18 and 26 of the Grand Island City Code; to
amend Sections 18-23, 26-34, 26-44, and 26-45 pertaining to registration of gas fitter apprentices
and plumbing apprentices; to repeal Sections 18-23, 26-34, 26-44, and 26-45 as now existing,
and any ordinance 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. Section 18-23 of the Grand Island City Code is hereby amended to
read as follows:
~18-23. Eligibility Requirements
All olumbinll aoorentices and llas fitter aoorentices enllalled under a master olumber or a master
llas fitter will be reauired to rellister with the City Buildinll Deoartment. Exoerience accrued towards
takinll the iournevman olumbers test or iournevman llas fitters test will only be acceoted as a rellistered
aonrentice. Time accrued orevious to rellistration reauirement will be aooroved and noted.
An applicant for examination must have worked under supervision of a licensed master plumber,
or master gas fitter, for a period of two years before being eligible to take a journeyman gas fitter's
examination. No person shall be eligible to take a master gas fitter's examination until two years after
registration as a journeyman gas fitter.
SECTION 2. Section 26-34 of the Grand Island City Code is hereby amended to
read as follows:
~26-34. General Rules
(1) All olumbinll aoorentices active Iv enllalled under a master olumber will be reauired to rellister with
the City Buildinll Deoartment. Exoerience accrued towards takinll the iournevman olumbers test will
onlv be acceoted as a rellistered aonrentice. Time accrued nrevious to rellistration will be aooroved and
noted.
(~+) Time required for an apprentice to be actively engaged in the trade under the supervision of a
master, journeyman, or qualified shop will be a minimum of three years (two years for gas fitter). Proof of
qualifications will be submitted to the Board in writing for consideration and approval for the journeyman
examination. Any academical time to be considered by the Board in place of actual apprenticeship time in
the trade must be from a State accredited college or Technical school.
(;l2) Applicants must hold a journeyman license for a minimum of four three years (two years for gas
fitter) before taking the Master exam, and be actively engaged in the trade for the full four three years
(two years for gas fitter).
Approved as to Form T I' JfL::.,
September 15,1998 ... ci!YXtti:'y
I
I
I
ORDINANCE NO. 8405 (Cont.)
(~~) The minimum age limit for a Journeyman examination will be Twenty (20) years of age unless
approved by the Board.
(~4) The allotted time for the Master and Journeyman examination will be four hours (two hours open
book and two hours closed book).
(~~) Request for Master and Journeyman examination will be filed in the City of Grand Island Building
Department Office prior to the examination date for the consideration of the Board. Examination fee will
be paid with the application. No exam fee will be refunded after taking the examination.
(16) All applicants will submit, along with their request for examination, letters of proof of the required
apprenticeship time actively engaged in the trade.
(~-1) In the event that an applicant fails to pass the fifst examination given, he may make application for
a subseauent his second exam after eil!htv-five ~(8560) days have passed. Failure to pass a second
eKam will result in a period of six months (180 days) to apply for the third examination. If a third exam is
failed a period of one year (365 days) is required before application can be made for another examination.
(2&) At the discretion of the Board, experience gained at an industrial plant or outside the tri-citv
jurisdiction may be considered as apprenticeship time to qualify for a Journeyman examination.
Information considered by the Board shall include written proof of previous experience record and oral
examination.
(109) All examination papers are the property of the examining Board. Applicants will not be permitted
to remain during grading or to review examination papers after they have been submitted for grading.
Test results will be sent by mail.
(11+0) Applicant must obtain a passing score on each part of the exam (written as well as drawing).
(12+1-) An applicant with a passing score will have a 30 day grace period to pick up a new license dated
from the test date.
(13+2) An applicant must supply his own copy of this Code; the Grand Island Building Department will
not supply copies to anyone during the test. Photocopies, reference books, or any other reference
materials will not be allowed in the testing area during the test.
SECTION 3. Section 26-44 of the Grand Island City Code is hereby amended to
read as follows:
~26-44. Examinations; Prior Experience
An applicant for examination must have worked under the supervision of a licensed contracting
master plumber for a minimum period of three years before being eligible to take a journeyman plumber
examination. An applicant for examination must have been actively engaged in the plumbing trade for a
minimum period of four three years after being licensed as a journeyman plumber before being eligible to
take a master plumber examination.
SECTION 4. Section 26-45 of the Grand Island City Code is hereby amended to
read as follows:
~26-45. Re-Examination
Any person desiring to become a master plumber or a journeyman plumber who fails to pass an
examination pursuant to this section as prescribed by the Board may make written application for a
subseauent second examination 85 60 days after taking the fifst examination. In the event the applicant
-2-
Approved as to Form D CIlI::
September 15, 1998 Deity Attorney
ORDINANCE NO. 8405 (Cont.)
I
fails to pass the second examination, applicant shall not be eligible to make ',witten application for a third
examination for a period of 180 days after taking the second examination. In the event the applicant fails
to pass the third examination, applicant shall not be eligible to make \-'{ritten application for a fourth
examination for a period of 3 65 days after taking the third examination.
SECTION 5. Sections 18-23, 26-34, 26-44, and 26-45 as now existing, and any
ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 6. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: September 14, 1998.
Ken Gnadt, Mayor
I Attest:
Cindy K. Cartwright, City Clerk
This Ordinance was adopted on first reading on SePtember 14, 1998.
I
Approved as to Form 0 ~
September 15, 1998 0 City Attorney
- 3 -
I
ORDINANCE NO. 8406
An ordinance to amend Ordinance No. 8389 known as the Salary Ordinance
which lists the currently occupied classifications of officers and employees of the City of Grand
Island, Nebraska and establishes the ranges of compensation of such officers and employees; to
provide for Cost of Living Adjustments (COLA) to salary ranges for employees included under
the AFSCME labor agreement, the FOP labor agreement, and non-union employees; to list the
clerical classifications by department; to provide for Cost of Living Adjustments (COLA) to
salary ranges for Planning Department employees; to update job titles for certain Health
Department classifications; to delete an AFSCME job classification; to repeal Ordinance No.
8389, any ordinance or parts of ordinances in conflict herewith; to provide for severability; to
provide for the effective date thereof; and to provide for publication of this ordinance in
I paropWet form.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The currently occupied classifications of officers and general
employees of the City of Grand Island, and the ranges of compensation (salary and wages,
excluding shift differential as provided by contract) to be paid for such classifications, and the
number of hours and work period which certain officers and general employees shall work prior
to overtime eligibility are as follows:
I
Accountant
Accounting Manager
Accounting Technician - Solid Waste
Accounting Technician - Streets
1081.60 / 1522.40
1324.00/1863.20
844.80/ 1188.80
844.80/1188.80
Overtime
Eligibility
Exempt
Exempt
40 hrs/week
40 hrs/week
Classification
Bi- Weeldy Pay Range
MinIMax
--
Approved as to Form T ~
September 15, 1998 .to City ttorney
ORDINANCE NO. 8406 (Cont.)
I Classification Bi-Weekly Pay Range Overtime
MinIMax Eligibility
Accounting Technician - WWTP 844.80/1188.80 40 hrs/week
Administrative Assistant - Finance 934.40 1 1315.20 40 hrs/week
Administrative Assistant - Public Works 934.40/1315.20 40 hrs/week
Administrative Assistant - Utilities 934.40/1315.20 40 hrs/week
Assistant Finance Director 1455.20/2047.20 Exempt
Assistant Public Works Director 1498.40/2108.00 Exempt
Assistant Utility Director 1922.40 1 2704.80 Exempt
Attorney 1491.20/2097.60 Exempt
Audio-Visual Technician 959.20/1349.60 40 hrs/week
Biosolids Technician 823.201 1157.60 40 hrs/week
Building Clerk 667.201939.20 40 hrs/week
Building Secretary* 756.001 1068.80 40 hrs/week
Building Inspections Director 1560.00/2195.20 Exempt
Building Inspector 1034.40 1 1456.00 40 hrs/week
I Cemetery Superintendent 1076.80/1515.20 Exempt
City Administrator 2554.40/3595.20 Exempt
City Attorney 1959.20/2756.80 Exempt
Civil Engineer - Utilities 1491.20/2097.60 Exempt
Civil Engineer I 1091.20/1535.20 Exempt
Civil Engineer II 1292.00/1818.40 Exempt
Code Compliance Officer 880.001 1238.40 40 hrs/week
Collection System Supervisor 1015.20/1428.80 40 hrs/week
Communications Supervisor 892.001 1255.20 Exempt
Community Development Director 1441.60/2028.00 Exempt
Community Development Technician* 756.001 1120.80 40 hrs/week
Custodian 631.20 1 888.00 40 hrs/week
Data Processing Manager 1491.20/2097.60 Exempt
Data Processing Supervisor 1081.60/1522.40 Exempt
Deputy Fire Chief 1484.00/2088.00 Exempt
I Deputy Police Chief 1551.20/2182.40 Exempt
Downtown Development Director 1441.60 1 2028.00 Exempt
Downtown Development Secretary 756.00/1063.20 40 hrs/week
- 2 - Approved as to Form T
September 15, 1996 ... City ttorney
ORDINANCE NO. 8406 (Cont.)
I Classification Bi- Weeldy Pay Range Overtime
MinIMax Eligibility
Electric Distribution Superintendent 1714.40/2412.00 Exempt
Electric Distribution Supervisor 1449.60/2040.00 40 hrs/week
Electric Underground & Substation Superintendent 1527.20/2148.80 Exempt
Electrical Engineer I 1252.00/ 1762.40 Exempt
Electrical Engineer II 1449.60/2040.00 Exempt
Electrical Inspector 1034.40/ 1456.00 40 hrs/week
Emergency Management Coordinator 816.00/1148.80 40 hrs/week
Emergency Management Director 1560.00/2195.20 Exempt
Engineering Technician Supervisor 1200.80/1689.60 Exempt
Equipment Operator 775.20/1091.20 40 hrs/week
Executive Assistant - Administration 934.40 11315.20 40 hrs/week
Finance Secretary 756.00/1063.20 40 hrs/week
Finance Director 1959.20/2756.80 Exempt
Fire Chief 1764.00/2482.40 Exempt
I Fire Marshal 1389.60/1955.20 Exempt
Fire Training Officer 1389.60/1955.20 Exempt
Garage Superintendent 1141.60 / 1607.20 Exempt
Golf Course Superintendent* 1175.20/1845.69 Exempt
Grounds Management Crew Chief 914.40/1287.20 40 hrs/week
Legal Assistant 1000.00/1407.20 40 hrs/week
Legal Secretary 812.00/1142.40 40 hrs/week
Librarian 964.00/1356.80 Exempt
Library Assistant 665.60/936.80 40 hrs/week
Library Clerk 531.20/747.20 40 hrs/week
Library Director 1521.60/2140.80 Exempt
Library Page* 412.00/654.92 40 hrs/week
Library Secretary 756.00/1063.20 40 hrs/week
Maintenance Mechanic I 786.40 11106.40 40 hrs/week
Maintenance Mechanic II 882.40/1241.60 40 hrs/week
I Maintenance Worker I 715.20/1005.60 40 hrs/week
Maintenance Worker II 752.00/1058.40 40 hrs/week
Meter Reading Supervisor 932.80/1312.00 Exempt
- 3 - Approved as to Form
September 15,1998
ORDINANCE NO. 8406 (Cont.)
I Classification Bi-Weeldy Pay Range Overtime
MinIMax Eligibility
Office Manager - Police Department 946.40/ 1332.00 40 hrs/week
Paramedic Supervisor 1389.60/ 1955.20 Exempt
Parks and Recreation Director 1638.40/2305.60 Exempt
Parks and Recreation Secretary 756.00/1063.20 40 hrs/week
Parks Maintenance Superintendent 1141.60/1607.20 Exempt
Payroll Specialist 864.80/1216.80 40 hrs/week
Personnel Director 1560.00/2195.20 Exempt
Personnel Specialist 864.80/1216.80 40 hrs/week
Plumbing Inspector 1034.40 / 1456.00 40 hrs/week
Police Chief 1803.20/2536.80 Exempt
Police Records Clerk 686.40/965.60 40 hrs/week
Power Plant Maintenance Supervisor 1357.60/1909.60 Exempt
Power Plant Operations Supervisor 1426.40/2007.20 Exempt
Power Plant Superintendent - Burdick 1426.40/2007.20 Exempt
I Power Plant Superintendent - PGS 1690.40/2378.40 Exempt
Public Information Officer 870.40/ 1224.80 40 hrs/week
Public Information/Records Management Director 1291.20/1816.80 Exempt
Public Information/Records Management Secretary* 756.00/ 1122.40 40 hrs/week
Public Safety Secretary* 756.00/ 1236.80 40 hrs/week
Public Works Director 1959.20/2756.80 Exempt
Public Works Secretary 756.00/1063.20 40 hrs/week
Purchasing Technician 756.00/1063.20 40 hrs/week
Recreation Superintendent 1114.40 / 1568.00 Exempt
Senior Civil Engineer 1491.20/2097.60 Exempt
Senior Electrical Engineer 1491.20/2097.60 Exempt
Senior Engineering Technician 1060.80/1492.80 40 hrs/week
Senior Equipment Mechanic 937.60/1320.00 40 hrs/week
Senior Equipment Operator 848.80/1194.40 40 hrs/week
Senior Library Assistant 734.40/1033.60 40 hrs/week
I Senior Maintenance Worker 828.00/1165.60 40 hrs/week
Solid Waste Clerk 667.20/939.20 40 hrs/week
Solid Waste Superintendent 1275.20/ 1794.40 Exempt
- 4 - Approved as to Form
September 15, 1998
ORDINANCE NO. 8406 (Cont.)
I Classification Bi-Weekly Pay Range Overtime
MinIMax Eligibility
Street Superintendent 1275.20/ 1794.40 Exempt
Street Supervisor 1012.80/1425.60 40 hrs/week
Telecommunicator/EMD 768.80/ 1082.40 40 hrs/week
Turf Management Specialist 1060.80/1492.80 40 hrs/week
Utility Production Engineer 1613.60/2271.20 Exempt
Utility Director 2228.00/3135.20 Exempt
Utility Secretary 756.00/1063.20 40 hrs/week
Utility Services Manager 1324.00/1863.20 Exempt
Utility Warehouse Supervisor 1050.40/1478.40 40 hrs/week
Wastewater Engineering/Operations Superintendent 1491.20/2097.60 Exempt
Wastewater Plant Maintenance Supervisor 1041.60/1465.60 40 hrs/week
Wastewater Plant Operator I 732.00/ 1030.40 40 hrs/week
Wastewater Plant Operator II 777.60/1094.40 40 hrs/week
I Wastewater Plant Process Supervisor 1068.00/1502.40 40 hrs/week
Wastewater Plant Senior Operator 823.20/1157.60 40 hrs/week
Water Superintendent 1252.00/ 1762.40 Exempt
Water Supervisor 1068.00/1502.40 40 hrs/week
Worker / Seasonal 412.00/1212.80 Exempt
Worker / Temporary 412.00 40 hrs/week
Youth Services Coordinator 828.00/985.60 Exempt
*Pay Schedule Variation
SECTION 2. The currently occupied classifications of employees of the City of
Grand Island included under the AFSCME labor agreement, and the ranges of compensation
(salary and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
I under the AFSCME labor agreement shall work prior to overtime eligibility are as follows:
Approved as to Form T {;QL
September 15, 1998 "" City Attorney
- 5 -
ORDINANCE NO. 8406 (Cont.)
I Classification Bi-Weekly Pay Range Overtime
MinIMax Eligibility
Equipment Mechanic - Garage 852.00/1193.60 40 hrs/week
Equipment Operator - Streets 761.60/1066.40 40 hrs/week
Fleet Maintenance Technician 759.20/1061.60 40 hrs/week
Shop Attendant 692.00/968.80 40 hrs/week
Horticulturist 804.80/1109.60 40 hrs/week
Maintenance Worker I - Cemetery 705.60/994.40 40 hrs/week
Maintenance Worker I - Parks 705.60/994.40 40 hrs/week
Maintenance Worker I - Streets 690.40/951.20 40 hrs/week
Maintenance Worker II - Cemetery 755.20/1046.40 40 hrs/week
Maintenance Worker II - Streets 734.40/1023.20 40 hrs/week
Maintenance Worker II - Parks 750.401 1034.40 40 hrs/week
Senior Equipment Operator - Streets 834.401 1148.80 40 hrs/week
Senior Maintenance Worker - Streets 834.401 1148.80 40 hrs/week
I
I
SECTION 3. The currently occupied classifications of employees of the City of
Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary
and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
under the IBEW labor agreements shall work prior to overtime eligibility are as follows:
Classification
Bi-Weekly Pay Range Overtime
MinIMax Eligibility
629.60/886.40 40 hrs/week
694.40/977.60 40 hrs/week
765.60/1077.60 40 hrs/week
1001.60/1409.60 40 hrs/week
1217.60/1712.80 40 hrs/week
1217.60/1712.80 40 hrs/week
824.00/1159.20 40 hrs/week
1001.60/1409.60 40 hrs/week
Accounting Clerk I
Accounting Clerk II
Computer Operator 1 Systems Technician
Computer Programmer
Electric Distribution Crew Chief
Electric Underground & Substation Crew Chief
Engineering Technician I
Engineering Technician II
- 6-
Approved as to Form T
September 15, 1998 ... City Attorney
ORDINANCE NO. 8406 (Cont.)
I Classification Bi- W eeldy Pay Range Overtime
MinIMax Eligibility
Instrument Technician 1188.00/1671.20 40 hrs/week
Lineman Apprentice 865.601 1217.60 40 hrs/week
Lineman First Class 1104.00/1553.60 40 hrs/week
Lineman Second Class 953.60 1 1342.40 40 hrs/week
Materials Handler 1026.40/1444.00 40 hrs/week
Meter Reader 729.60/1026.40 40 hrs/week
Meter Technician 824.00/1159.20 40 hrs/week
Power Dispatcher I 1077.60/1516.00 40 hrs/week
Power Dispatcher II 1131.201 1592.00 40 hrs/week
Power Plant Custodian 615.20/865.60 40 hrs/week
Power Plant Maintenance Mechanic* 1077.60/1531.16 40 hrs/week
Power Plant Operator I 844.001 1188.00 40 hrs/week
Power Plant Operator II 1131.20 1 1592.00 40 hrs/week
Senior Accounting Clerk 747.20/1052.00 40 hrs/week
I Senior Engineering Technician 1077.60/1516.00 40 hrs/week
Senior Materials Handler 1131.20 1 1592.00 40 hrs/week
Senior Meter Reader 784.80 1 1104.00 40 hrs/week
Senior Power Dispatcher 1247.201 1755.20 40 hrs/week
Senior Power Plant Operator 1247.201 1755.20 40 hrs/week
Senior Substation Technician 1188.00/1671.20 40 hrs/week
Senior Utilities Operator 1217.60/1712.80 40 hrs/week
Senior Water Maintenance Worker 886.40/1247.20 40 hrs/week
Substation Technician 1104.00/1553.60 40 hrs/week
Systems Technician 1188.00/1671.20 40 hrs/week
Tree Trim Crew Chief 1104.00/1553.60 40 hrs/week
Utilities Electrician 1104.00/1553.60 40 hrs/week
Utilities Operator 1052.00/1480.00 40 hrs/week
Utility Technician 1188.00/1671.20 40 hrs/week
Utility Warehouse Clerk 784.80/1104.00 40 hrs/week
I Water Maintenance Worker I 729.60/1026.40 40 hrs/week
Water Maintenance Worker II 784.80/1104.00 40 hrs/week
Wireman I 953.60 1 1342.40 40 hrs/week
- 7 - Approved as to Form T
September 15,1998 ... City Attorney
I
I
I
ORDINANCE NO. 8406 (Cont.)
Classification
Bi-Weekly Pay Range
MinIMax
Overtime
Eligibility
40 hrs/week
Wireman II
1104.00/1553.60
*Pay Schedule Variation
SECTION 4. The currently occupied classifications of employees of the City of
Grand Island included under the FOP labor agreement, and the ranges of compensation (salary
and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
under the FOP labor agreement shall work prior to overtime eligibility are as follows:
Classification
Bi- Weekly Pay Range
MinIMax
Overtime
Eligibility
40 hrs/week
40 hrs/week
40 hrs/week
Police Captain
Police Officer*
Police Sergeant*
1264.00/ 1779.20
852.80/ 1342.40
1050.40/1519.20
*Pay Schedule Variation
SECTION 5. The currently occupied classifications of employees of the City of
Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary
and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
under the IAFF labor agreement shall work prior to overtime eligibility are as follows:
Classification
Bi- Weekly Pay Range
MinIMax
Overtime
Eligibility
212 hrs/28 days
212 hrs/28 days
212 hrs/28 days
212 hrs/28 days
F ire Captain *
Firefighter / EMT*
Firefighter / Paramedic*
Fire Lieutenant*
1034.64/1558.44
803.52/1217.16
922.32/1411.56
922.32/1411.56
*Pay Schedule Variation
- 8 -
Approved as to Form T t;(17r'
September 15, 1998 ... City Attorney
ORDINANCE NO. 8406 (Cont.)
I
SECTION 6. The currently occupied classifications of officers and employees of
the City of Grand Island within the Planning Department, and the ranges of compensation (salary
and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such officers and
employees within the Planning Department shall work prior to overtime eligibility are as
follows:
Classification
Bi-Weekly Pay Range
MinIMax
Planning Director
Planning Secretary
Planning Technician
1432.08/1815.60
480.00/ 824.00
1114.86/ 1248.48
Overtime
Eligibility
Exempt
40 hrs/week
40 hrs/week
SECTION 7. The currently occupied classifications of officers and employees of
I the City of Grand Island within the Health Department, and the ranges of compensation (salary
and wages) to be paid for such classifications, and the number of hours and work period which
certain such officers and employees within the Health Department shall work prior to overtime
eligibility are as follows:
Classification
Bi- Weekly Pay Range Overtime
MinIMax Eligibility
698.40 / 983.20 40 hrs/week
1015.20/1428.80 40 hrs/week
1010.40/1421.60 40 hrs/week
486.40 / 684.80 40 hrs/week
1727.20/2192.80 Exempt
494.40/696.00 40 hrs/week
1185.60/1668.00 Exempt
716.80/1008.80 40 hrs/week
927.20/ 1304.00 40 hrs/week
1185.60/1668.00 Exempt
- 9 - Approved as to Form
September 15, 1998
I
Community Health Nurse I
Community Health Nurse II
Environmental Health Specialist
Health Clerk
Health Director
Interpreter
Lab Scientist
Lab Technician / Administrative Secretary
Nutritionist
Public Health Educator
ORDINANCE NO. 8406 (Cont.)
I
Classification
Bi-Weeldy Pay Range
MinIMax
Overtime
Eligibility
40 hrs/week
Exempt
40 hrs/week
Seasonal Worker(s)*
Temporary Worker
WIe Director
412.00/1309.60
412.00
1004.00/1412.80
*Pay Schedule Variation
SECTION 8. The classification of employees included under labor agreements
with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift
differential as provided by contract) to be paid for such classification, and the number of hours
and work period which certain such employees shall work prior to overtime eligibility area as
stated above. All full-time fire fighters and police officers shall be paid a clothing and uniform
allowance in addition to regular salary. The range of this allowance is $70 to $76 per month.
I
Full-time police officers may also receive a reimbursement toward the purchase of body armor,
not to exceed $400, and an annual bilingual pay stipend, not to exceed $300. Non union
bilingual employees may also receive an annual stipend not to exceed $300. Full-time fire
fighters may receive a one-time uniform acquisition allowance of $500 and an annual stipend for
longevity not to exceed $520. If any such fire fighter or police officer shall resign, or his or her
employment be terminated for any reason whatsoever, the clothing allowance shall be paid on a
prorata basis, but no allowance shall be made for a fraction of a month.
Utilities Department personnel in the IBEW bargaining unit and the
classifications of Meter Reading Supervisor, Power Plant Superintendent, Power Plant
Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water
Superintendent, Water Supervisor, Electric Underground and Substation Superintendent, Electric
I Underground and Snbstation Snpervisor, and Engineering Technical Supervisor shall be eligible
- 10-
I
I
I
ORDINANCE NO. 8406 (Cont.)
When protective clothing is required for Utilities Department personnel in the IBEW, the City
shall pay 60% of the cost of providing and cleaning said clothing and the employees 40% of said
cost. Public Works Department personnel in the AFSCME bargaining unit shall be eligible to
participate in a voluntary uniform program providing an allowance up to $18 per month. Full-
time Shop Garage Division personnel in the AFSCME bargaining unit shall receive a uniform
allowance of$12 biweekly. Public Works Department personnel in the job classifications Senior
Equipment Mechanic, Garage Superintendent, and Equipment Mechanic shall receive a tool
allowance of $1 0 biweekly.
Parking Monitors may receive a one-time uniform acquisition allowance of $250
upon employment and an annual allowance thereafter of$100.
SECTION 9. Employees shall be compensated for unused sick leave as follows;
(A)
For all employees except those covered in the fire department bargaining
agreement, the City will include in the second paycheck in January of each year,
payment for an employee's unused sick leave in excess of 960 hours accrued in
the preceding calendar year. The compensation will be at the rate of one-half
day's pay based on the employee's current pay rate at the time of such
compensation, for each day of unused sick leave which exceeds 960 hours accrual
of the preceding year.
F or those employees covered in the fire department bargaining agreement,
the City will include in the second paycheck in January of each year, payment for
an employee's unused sick leave in excess of 2,880 hours accrued in the
preceding calendar year. The compensation will be at the rate of one-quarter
day's pay based on the employee's current pay rate at the time of such
- 11 -
Approved as to Form T ~
September 15, 1998 .... ity Attorney
I
I
I
ORDINANCE NO. 8406 (Cont.)
compensation, for each day of unused sick leave which exceeds 2,880 hours
accrual of the preceding year.
(B) All employees except those covered in the fire department bargaining
agreement shall be paid for one-half of their accumulated sick leave at the time of
their retirement, the rate of compensation to be based on the employee's salary at
the time of retirement. Employees covered in the fire department bargaining
agreement shall be paid for one quarter of their accumulated sick leave at the time
of their retirement, the rate of compensation to be based upon the employee's
salary at the time of retirement.
(C) Department heads shall be paid for one-half of their accumulated sick
leave, not to exceed 30 days of pay, upon their resignation, the rate of
compensation to be based upon the salary at the time of termination.
Compensation for unused sick leave at retirement shall be as provided above.
(D) The death of an employee shall be treated the same as retirement, and
payment shall be made to the employee's beneficiary or estate for one-half of all
unused sick leave.
SECTION 10. The city administrator shall receive a vehicle allowance of $300
per month in lieu of mileage for use of personal vehicle travel within Hall County, payable
monthly.
SECTION 11. Reimbursed expenses which are authorized by Neb. Rev. Stat.
~13-2201, et. seq., the Local Government Miscellaneous Expenditure Act and/or which the
Internal Revenue Service requires to be reflected on an employee IRS Form W-2 at year end, are
hereby authorized as a payroll entry.
- 12 -
_ ~. 47-
Approved as to Form . ~
September 15, 1998 '" I Y Attorney
I
I
I
ORDINANCE NO. 8406 (Cont.)
SECTION 12. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
SECTION 13. Ordinance No. 8389 and all other ordinances and parts of
ordinances in conflict herewith be, and the same are, hereby repealed.
SECTION 14. The salary adjustments identified above shall be effective as of
October 12, 1998.
SECTION 15. This ordinance shall be in full force and take effect from and after
its passage and publication in pamphlet form in one issue of the Grand Island Independent as
provided by law.
Enacted: September 14, 1998.
Ken~
Attest:
&,z4lc r{{jpJwt 6zif-
Cindy . Cartwright, City Clerk .
- 13 -
Approved as to Form Y
September 15, 1998 ... City ltorney
I
. This Space Reserved for Register of Deeds.
ORDINANCE NO. 8407
An ordinance to direct and authorize the conveyance of a tract of land comprising
of Lot Eight (8), Block Sixty Six (66), Original Town, City of Grand Island, Hall County,
Nebraska; to provide for the giving of notice of such conveyance and the terms thereof; to
I provide the right to fIle a remonstrance against snch conveyance; 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. The conveyance to ALBERS DEVELOPMENT CO., a Nebraska
corporation, of a tract of land comprising of Lot Eight (8), Block Sixty Six (66), Original Town,
City of Grand Island, Hall County, Nebraska, is hereby authorized and approved.
SECTION 2. The consideration for such conveyance shall be One Hundred Sixty
Thousand Dollars ($160,000.00), subject to adjustments and prorations as provided in the
Purchase Agreement. Conveyance of the real estate above described shall be by Warranty Deed,
I
upon delivery of the consideration. The City shall furnish a commitment for an owner's policy
of title insurance in the amount of the purchase price.
Approved as to Form., t:Jil5"
September 25, 1998 A City Attorney
I
I
I
ORDINANCE NO. 8407 (Cont.)
SECTION 3. As provided by law, notice of such conveyance and the terms
thereof shall be published for three consecutive weeks in the Grand Island Independent, a
newspaper published for general circulation in the City of Grand Island. Immediately after the
passage and publication of this ordinance, the City Clerk is hereby directed and instructed to
prepare and publish such notice.
SECTION 4. Authority is hereby granted to the electors of the City of Grand
Island to file a remonstrance against the conveyance of such within described real estate; and if a
remonstrance against such conveyance signed by registered voters of the City of Grand Island
equal in number to thirty percent of the registered voters of the City of Grand Island voting at the
last regular municipal election held in such City be filed with the City Council within thirty days
of passage and publication of such ordinance, said property shall not then, nor within one year
thereafter, be conveyed.
SECTION 5. The conveyance of said real estate is hereby authorized, directed
and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make,
execute and deliver to ALBERS DEVELOPMENT CO., a Nebraska corporation, a Warranty
Deed for said real estate, and the execution of such deed is hereby authorized without further
action on behalf of the City Council.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: September 28, 1998.
Ken Gnadt, Mayor
- 2 -
Approved as to Form T
September 25, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8407 (Cont.)
Attest:
Cindy K. Cartwright, City Clerk
This Ordinance was adopted on first reading on SePtember 28, 1998.
- 3 -
Approved as to Form T
September 25, 1998 ... City Attorney
I
. This Space Reserved for Register of Deeds.
ORDINANCE NO. 8407
An ordinance to direct and authorize the conveyance of a tract of land comprising
of Lot Eight (8), Block Sixty Six (66), Original Town, City of Grand Island, Hall County,
Nebraska; to provide for the giving of notice of such conveyance and the terms thereof; to
I provide the right to file a remonstrance against such conveyance; 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. The conveyance to ALBERS DEVELOPMENT CO., a Nebraska
corporation, of a tract of land comprising of Lot Eight (8), Block Sixty Six (66), Original Town,
City of Grand Island, Hall County, Nebraska, is hereby authorized and approved.
SECTION 2. The consideration for such conveyance shall be One Hundred Sixty
Thousand Dollars ($160,000.00), subject to adjustments and prorations as provided in the
Purchase Agreement. Conveyance of the real estate above described shall be by Warranty Deed,
I
upon delivery of the consideration. The City shall furnish a commitment for an owner's policy
oftitle insurance in the amount ofthe purchase price.
Approved as to Form ",1"'Ii.\.>
October 8, 1998 .... 'tify Attorney
I
I
I
ORDINANCE NO. 8407(Cont.)
SECTION 3. As provided by law, notice of such conveyance and the terms
thereof shall be published for three consecutive weeks in the Grand Island Independent, a
newspaper published for general circulation in the City of Grand Island. Immediately after the
passage and publication of this ordinance, the City Clerk is hereby directed and instructed to
prepare and publish such notice.
SECTION 4. Authority is hereby granted to the electors of the City of Grand
Island to file a remonstrance against the conveyance of such within described real estate; and if a
remonstrance against such conveyance signed by registered voters of the City of Grand Island
equal in number to thirty percent of the registered voters of the City of Grand Island voting at the
last regular municipal election held in such City be filed with the City Council within thirty days
of passage and publication of such ordinance, said property shall not then, nor within one year
thereafter, be conveyed.
SECTION 5. The conveyance of said real estate is hereby authorized, directed
and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make,
execute and deliver to ALBERS DEVELOPMENT CO., a Nebraska corporation, a Warranty
Deed for said real estate, and the execution of such deed is hereby authorized without further
action on behalf of the City Council.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: October 12, 1998.
Ken Gnadt, Mayor
- 2 -
Approved as to Form ... ')j\;~
October 8, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8407 (Cont.)
Attest:
Cindy K. Cartwright, City Clerk
City Council approved this Ordinance for second reading at the City
Council Meeting of October 121 1998.
- 3 -
Approved as to Form T, ,
October 8, 1998 '" City Attorney
I
. This Space Reserved for Register of Deeds.
ORDINANCE NO. 8407
An ordinance to direct and authorize the conveyance of a tract of land comprising
of Lot Eight (8), Block Sixty Six (66), Original Town, City of Grand Island, Hall County,
Nebraska; to provide for the giving of notice of such conveyance and the terms thereof; to
I provide the right to file a remonstrance against such conveyance; 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. The conveyance to ALBERS DEVELOPMENT CO., a Nebraska
corporation, of a tract of land comprising of Lot Eight (8), Block Sixty Six (66), Original Town,
City of Grand Island, Hall County, Nebraska, is hereby authorized and approved.
SECTION 2. The consideration for such conveyance shall be One Hundred Sixty
Thousand Dollars ($160,000.00), subject to adjustments and prorations as provided in the
Purchase Agreement. Conveyance of the real estate above described shall be by Warranty Deed,
I
upon delivery of the consideration. The City shall furnish a commitment for an owner's policy
of title insurance in the amount of the purchase price.
Approved as to Form T ~
October 23, 1998 ... City ttorney
I
I
I
ORDINANCE NO. 8407 (Cont.)
SECTION 3. As provided by law, notice of such conveyance and the terms
thereof shall be published for three consecutive weeks in the Grand Island Independent, a
newspaper published for general circulation in the City of Grand Island. Immediately after the
passage and publication of this ordinance, the City Clerk is hereby directed and instructed to
prepare and publish such notice.
SECTION 4. Authority is hereby granted to the electors of the City of Grand
Island to file a remonstrance against the conveyance of such within described real estate; and if a
remonstrance against such conveyance signed by registered voters of the City of Grand Island
equal in number to thirty percent of the registered voters of the City of Grand Island voting at the
last regular municipal election held in such City be filed with the City Council within thirty days
of passage and publication of such ordinance, said property shall not then, nor within one year
thereafter, be conveyed.
SECTION 5. The conveyance of said real estate is hereby authorized, directed
and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make,
execute and deliver to ALBERS DEVELOPMENT CO., a Nebraska corporation, a Warranty
Deed for said real estate, and the execution of such deed is hereby authorized without further
action on behalf of the City Council.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
- 2 -
Approved as to Form., cg,:;--
October 23,1998 ... City Attorney
I
I
I
ORDINANCE NO. 8407 (Cant.)
Enacted: October 26, 1998.
Attest:
,....-.-
- 3 -
Approved as to Form T ~
October 23, 1998 ... City Attorney
I
I
I
. This Space Reserved for Register of Deeds.
ORDINANCE NO. 8408
An ordinance to create Street Improvement District No. 1210; to define the
boundaries of the district; to provide for the improvement of streets within the district by paving,
curbing, guttering, storm drainage, and other incidential work in connection therewith; to provide
for the filing of this ordinance with the Hall County Register of Deeds; and to provide the
publication and effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Street Improvement District No. 1210 in the City of Grand Island,
Nebraska, is hereby created.
SECTION 2. The boundaries of the district shall be as follows:
Beginning at the southwest comer of Lot Nine (9), Block Five (5), Roush
Subdivision, said Point being on the east line of Bellwood Drive; thence north on
the east line of Bellwood Drive for a distance of One Hundred Fifty (150.0) feet;
thence west on a prolongation of the south line of Roush Lane for a distance of
Sixty (60.0) feet to the west line of Bellwood Drive; thence north on the west line
of Bellwood Drive for a distance of Sixty (60.0) feet; thence east on a
prolongation of the north line of Roush Lane for a distance of Sixty (60.0) feet to
the southwest comer of Lot Ten (10), Block Two (2), Roush Subdivision; thence
Approved as to Form T ~
October 8, 1998 .... Ci Y A orney
I
I
I
ORDINANCE NO. 8408 (Cont.)
north on the west line of Lot Ten (10), Block Two (2), Roush Subdivision a
distance of One Hundred Fifty (150.0) feet to the northwest comer of Lot Ten
(10), Block Two (2), Roush Subdivision; thence east on the north line of Lots Ten
(10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), and Fifteen (15),
Block Two (2), Roush Subdivision to the southwest comer of Lot Three (3),
Block Two (2), Roush Subdivision; thence north on the west line of Lot Three (3),
Block Two (2), Roush Subdivision for a distance of One Hundred Fifty (150.0)
feet to the south line of Stolley Park Road; thence east on the south line of Stolley
Park Road to the west line of Kingswood Drive; thence north on a prolongation of
the west line of Kingswood Drive for a distance of One Hundred Twenty Six
(126.0) feet; thence east on a line One Hundred Twenty Six (126.0) feet north of
and parallel to the south line of Stolley Park Road for a distance of Sixty (60.0)
feet; thence south on a prolongation of the east line of Kingswood Drive for a
distance of One Hundred Twenty Six (126.0) feet to the south line of Stolley Park
Road; thence east on the south line of Stolley Park Road to the northeast comer of
Lot Six (6), Block One (1), Roush Subdivision; thence south on the east line of
Lot Six (6), Block One (1), Roush Subdivision for a distance of One Hundred
Fifty (150.0) feet to the northwest comer of Lot Seven (7), Murry Subdivision;
thence east on the north line of Lots Seven (7), Eight (8), Nine (9), Ten (10),
Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), and Fifteen (15), Murry
Subdivision; thence south on the east line of Murry Subdivision and a
prolongation thereof to the southeast comer of Lot Sixteen (16), Murry
Subdivision; thence west on the south line of Lots Sixteen (16) through Forty
Four (44), Murry Subdivision, and Lots Eight (8) and Nine (9), Block Five (5),
Roush Subdivision to the point of beginning, all as shown on the plat dated
September 22, 1998, attached hereto as Exhibit "A" and incorporated herein by
reference.
SECTION 3. The following street in the district shall be improved by paving and
other incidental work in connection therewith:
Roush Lane, from Bellwood Drive to the east line of Murry Subdivision, in the
City of Grand Island, Hall County, Nebraska
Said improvements shall be made in accordance with plans and specifications
prepared by the Engineer for the City of Grand Island and approved by the Mayor and City
Council.
- 2 -
Approved as to Form T ~
October 8, 1998 ... City ttomey
I
I
I
ORDINANCE NO. 8408 (Cont.)
SECTION 4. All improvements shall be made at public cost, but the cost thereof,
excluding intersections, shall be assessed upon the lots and lands in the district specially
benefited thereby as provided by law.
SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds, Hall County, Nebraska.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication, without the plat, as provided by law.
SECTION 7. After passage, approval and publication of this ordinance, notice of
the creation of said district shall be published in the Grand Island Independent, a legal newspaper
published and of general circulation in said City, as provided by law.
Enacted: October 12, 1998.
~~c?~
Ke nadt, Mayor
Attest:
Q lli K'
C~K.t~~~
- 3 -
Approved as to Form T
October 8, 1998 ... City Attorney
I
I
I
/ POINT OF BEGINNING I
ro'
il BELL WOOD / i II DR. il
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7L L----
E X H I BIT II A II
CITY OF GRAND ISLAND , NEBR,
ENGINEERING DEPARTMENT
PLAT TO ACCOMPANY
ORDINANCE NO. 8408
STREET IMPROVEMENT DIST. 1210
SCALE 1"=200' L.D.C, 9/22/98
I
· This Space Reserved for Register of Deeds.
ORDINANCE NO. 8408
An ordinance to create Street Improvement District No. 1210; to define the
boundaries of the district; to provide for the improvement of streets within the district by paving,
I
curbing, guttering, storm drainage, and other incidential work in connection therewith; to provide
for the filing of this ordinance with the Hall County Register of Deeds; and to provide the
publication and effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Street Improvement District No. 1210 in the City of Grand Island,
Nebraska, is hereby created.
SECTION 2. The boundaries of the district shall be as follows:
I
Beginning at the southwest comer of Lot Nine (9), Block Five (5), Roush
Subdivision, said Point being on the east line of Bellwood Drive; thence north on
the east line of Bellwood Drive for a distance of One Hundred Fifty (150.0) feet;
thence west on a prolongation of the south line of Roush Lane for a distance of
Sixty (60.0) feet to the west line of Bellwood Drive; thence north on the west line
of Bellwood Drive for a distance of Sixty (60.0) feet; thence east on a
prolongation of the north line of Roush Lane for a distance of Sixty (60.0) feet to
the southwest comer of Lot Ten (10), Block Two (2), Roush Subdivision; thence
Approved as to Form T ~
October 13, 1998 ~ City IIorney
I
I
I
ORDINANCE NO. 8408 (Cont.)
north on the west line of Lot Ten (10), Block Two (2), Roush Subdivision a
distance of One Hundred Fifty (150.0) feet to the northwest corner of Lot Ten
(10), Block Two (2), Roush Subdivision; thence east on the north line of Lots Ten
(10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), and Fifteen (15),
Block Two (2), Roush Subdivision to the southwest corner of Lot Three (3),
Block Two (2), Roush Subdivision; thence north on the west line of Lot Three (3),
Block Two (2), Roush Subdivision for a distance of One Hundred Fifty (150.0)
feet to the south line of Stolley Park Road; thence east on the south line of Stolley
Park Road to the west line of Kingswood Drive; thence north on a prolongation of
the west line of Kingswood Drive for a distance of One Hundred Twenty Six
(126.0) feet; thence east on a line One Hundred Twenty Six (126.0) feet north of
and parallel to the south line of Stolley Park Road for a distance of Sixty (60.0)
feet; thence south on a prolongation of the east line of Kingswood Drive for a
distance of One Hundred Twenty Six (126.0) feet to the south line of Stolley Park
Road; thence east on the south line of Stolley Park Road to the northeast corner of
Lot Six (6), Block One (1), Roush Subdivision; thence south on the east line of
Lot Six (6), Block One (1), Roush Subdivision for a distance of One Hundred
Fifty (150.0) feet to the northwest corner of Lot Seven (7), Murry Subdivision;
thence east on the north line of Lots Seven (7), Eight (8), Nine (9), Ten (10),
Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), and Fifteen (15), Murry
Subdivision; thence south on the east line of Murry Subdivision and a
prolongation thereof to the southeast corner of Lot Sixteen (16), Murry
Subdivision; thence west on the south line of Lots Sixteen (16) through Forty
Four (44), Murry Subdivision, and Lots Eight (8) and Nine (9), Block Five (5),
Roush Subdivision to the point of beginning, all as shown on the plat dated
September 22, 1998, attached hereto as Exhibit "A" and incorporated herein by
reference.
SECTION 3. The following street in the district shall be improved by paving and
other incidental work in connection therewith:
Roush Lane, from Bellwood Drive to the east line of Murry Subdivision and
Kingswood Drive from Stolley Park Road south to Kingswood Trailer Park, in the
City of Grand Island, Hall County, Nebraska
Said improvements shall be made in accordance with plans and specifications
prepared by the Engineer for the City of Grand Island and approved by the Mayor and City
Council.
-2-
Approved as to Form '" CfII:
October 13, 1998 .... City Attorney
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ORDINANCE NO. 8408 (Cont.)
SECTION 4. All improvements shall be made at public cost, but the cost thereof,
excluding intersections, shall be assessed upon the lots and lands in the district specially
benefited thereby as provided by law.
SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the
office ofthe Register of Deeds, Hall County, Nebraska.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication, without the plat, as provided by law.
SECTION 7. After passage, approval and publication of this ordinance, notice of
the creation of said district shall be published in the Grand Island Independent, a legal newspaper
published and of general circulation in said City, as provided by law.
Enacted: October 12, 1998.
l~
Ken adt, Mayor
Attest:
d {A1 (!/G,&h v}~1 'f
Cindy l(j Cartwright, City Cler
- 3 -
Approved as to Form T
October 13, 1998 ~ City Attorney
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. This Space Reserved for Register of Deeds.
ORDINANCE NO. 8409
An ordinance to create Street Improvement District No. 1211; to define the
boundaries of the district; to provide for the improvement of streets within the district by paving,
curbing, guttering, storm drainage, and other incidential work in connection therewith; to provide
for the filing of this ordinance with the Hall County Register of Deeds; and to provide the
publication and effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Street Improvement District No. 1211 in the City of Grand Island,
Nebraska, is hereby created.
SECTION 2. The boundaries of the district shall be as follows:
Beginning at the southeast comer of Lot Nine (9), Block Thirteen (13), Meth's
Subdivision, also being the intersection of the north line of 14th Street and the
west line of Cherry Street; thence west on the north line of 14th Street for a
distance of One Hundred Twenty Five (125.0) feet; thence north on a line One
Hundred Twenty Five (125.0) feet west of and parallel to the west line of Cherry
Street for a distance of Two Hundred Twenty Six (226.0) feet to the south line of
15th Street; thence west on the south line of 15th Street and a prolongation thereof
to the west line of Saint Paul Road; thence north on the west line of Saint Paul
Approved as to Form T ~
October B, 199B .... CI At orney
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ORDINANCE NO. 8409 (Cont.)
Road for a distance of Sixty Six (66.0) feet; thence east on the north line of 15th
Street and a prolongation thereof to a point One Hundred Twenty Five (125.0)
feet east of the east line of Cherry Street; thence south on a line One Hundred
Twenty Five (125.0) feet east of and parallel to the east line of Cherry Street for a
distance of Two Hundred Ninety Two (292.0) feet to the north line of 14th Street;
thence west on the north line of 14th Street for a distance of One Hundred Twenty
Five (125.0) feet; thence south on a prolongation of the east line of Cherry Street
for a distance of Sixty (60.0) feet; thence west on a line Sixty (60.0) feet south of
and parallel to the north line of 14th Street for a distance of Sixty Six (66.0) feet;
thence north on a prolongation of the west line of Cherry Street for a distance of
Sixty (60.0) feet to the point of beginning, all as shown on the plat dated
September 22, 1998, attached hereto as Exhibit "A" and incorporated herein by
reference.
SECTION 3. The following street in the district shall be improved by paving and
other incidental work in connection therewith:
Cherry Street, from 14th Street to 15th Street, in the City of Grand Island, Hall
County, Nebraska
Said improvements shall be made in accordance with plans and specifications
prepared by the Engineer for the City of Grand Island and approved by the Mayor and City
Council.
SECTION 4. All improvements shall be made at public cost, but the cost thereof,
excluding intersections, shall be assessed upon the lots and lands in the district specially
benefited thereby as provided by law.
SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds, Hall County, Nebraska.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication, without the plat, as provided by law.
- 2 -
Approved as to Form T ~
October 8, 1998 .... City Attorney
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ORDINANCE NO. 8409 (Cont.)
SECTION 7. After passage, approval and publication of this ordinance, notice of
the creation of said district shall be published in the Grand Island Independent, a legal newspaper
published and of general circulation in said City, as provided by law.
Enacted: October 12, 1998.
- 3 -
Approved as to Form '"
October 8, 1998 ... City
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EXHIBIT .~I
I CITY OF GRAND ISLANQ1~BR.1
ENGINEERING DEPARTII&.NT
I PL,U TO ACCOMPANY ORDINANCE I
NO. 8409
I SCALE I": 100' L D.C. 9/22/98 I
STREET IMPROVEMENT DISTRICT 1211
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ORDINANCE NO. 8410
An ordinance to amend Chapter 22 of the Grand Island; to add Sections 22-76.1
pertaining to a prohibition of engine braking; to amend Section 22-72 of the Grand Island City
Code pertaining to definitions; to repeal Section 22-72 as presently existing; to repeal any
ordinance 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. Section 22-76.1 to Chapter 22 of the Grand Island City Code is
hereby added to read as follows:
922-76.1. Engine Braking; Prohibited
It shall be unlawful within the city limits for any operator of a motor vehicle with a total gross
vehicle weight rating of seven thousand pounds or more, including its towed unit or units, to attempt to retard the
forward movement of said vehicle by initiating a device commonly known as jake brakes to contain the engine's
compression, thus rapidly slowing the engine's revolutions per minute.
SECTION 2. Section 22-72 of the Grand Island City Code is hereby amended to
read as follows:
~22-72. Truck Traffic Regulations; Definitions
For the purpose of ~22-72 through 922-76.1, the following terms, phrases, words, and their derivations
shall have the following meanings:
(1) Delivery zone is any area within the City which is surrounded on all sides by truck routes;
(2) Deviating truck is a truck which leaves a truck route while traveling inside the City;
(3) Gross vehicle weig:ht is the sum of the empty weight of a truck or vehicle-trailer combination, plus the
weight of the maximum load to be carried thereon at anyone time;
(4) Light utility truck is a truck with a width no greater than six feet six inches (6' 6"), a length no greater
than twenty feet (20'), and a gross vehicle weight no greater than 10,000 pounds;
(5) Protected street is any street which has traffic control signs or signals protecting it at every intersection
along its way and which transverses a delivery zone;
(6) Trailer is any vehicle without motive power designed for carrying persons or property and for being
drawn by a motor vehicle;
(7) Truck is any vehicle designed or operated for the transportation of property;
(8) Truck route is the system of streets as designated by ~22-76, over and along which trucks may travel
within the City.
Approved as to Form T ~
October 13, 1998 A City Attorney
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ORDINANCE NO. 8410 (Cont.)
SECTION 3. Section 22-72 of the Grand Island City Code as presently existing is
hereby repealed.
SECTION 4. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: October 12, 1998.
Ken~r
Attest:
- 2 -
Approved as to Form T ~
October 13, 1998 A City Attorney
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ORDINANCE NO. 8411
An ordinance to amend Chapter 34 of the Grand Island City Code; to add Article
I. and Sections 34-1 through 34-68 pertaining to telecommunications; to renumber Sections 34-1
through 34-22 as now existing; to repeal any ordinance 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. Chapter 34 IS hereby renamed Telecommunications and Public
Transportation
SECTION 2. Chapter 34 of the Grand Island City Code is hereby amended to
read as follows:
CHAPTER 34
TELECOMMUNICATIONS and PUBLIC TRANSPORTATION
Article I. Telecommunications
934-1. Purpose
The purpose of this Chapter is to:
(A) Establish a local policy concerning telecommunications providers and services;
(B) Establish clear and nondiscriminatory local guidelines, standards and time frames for the exercise of
local authority with respect to the regulation oftelecommunications providers and services;
(C) Promote competition in telecommunications;
(D) Minimize unnecessary local regulation of telecommunications providers and services;
(E) Encourage the provision of advanced and competitive telecommunications services on the widest
possible basis to the businesses, institutions and residents of the City;
(F) Permit and manage reasonable access to the public ways of the City for telecommunications purposes
on a competitively neutral basis;
(G) Conserve the limited physical capacity of the public ways held by the City;
(H) Assure that the City's current and ongoing costs of granting and regulating private access to and use of
the public ways are fully paid by the persons seeking such access and causing such costs;
(I) Secure fair and reasonable compensation to the City and the residents of the City, in a nondiscriminatory
manner, for permitting private use of the public ways;
(1) Assure that all telecommunications carriers providing facilities or services within the City comply with
the ordinances, rules and regulations of the City;
(K) Assure that the City can continue to fairly and responsibly protect the public health, safety and welfare;
(L) Enable the City to discharge its public trust consistent with rapidly evolving federal and state regulatory
policies, industry competition and technological development.
934-2. Definitions
Terms used in this Chapter shall have the following meanings:
Approved as to Form T ('.,,(!1L-
November 10, 1998 ... City Attorney
I
ORDINANCE NO. 8411 (Cont.)
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Affiliate shall mean a person that (directly or indirectly) owns or controls, is owned or controlled by, or is
under common ownership or control with another person.
Citv shall mean the City of Grand Island.
Citv Proverty shall mean all real property owned or controlled by the City whether in fee ownership or
other interest.
Code shall mean the Grand Island City Code (1988 Ed.), as amended.
Excess Cavacitv shall mean the volume or capacity in any existing, or future duct, conduit, manhole,
handhole or other utility facility within the public ways that is or will be available for use for additional
telecommunications facilities.
FCC or Federal Communications Commission shall mean the Federal administrative agency, or lawful
successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national
level.
Grantee shall mean both licensees and franchisees granted certain rights and obligations as more fully
described herein.
Nebraska Public Service Commission or NPSC shall mean the State administrative agency, or lawful
successor, authorized to regulate and oversee telecommunications carriers, services and providers in the State of
Nebraska to the extent prescribed by law.
Overhead Facilities shall mean utility facilities and telecommunications facilities located above the surface
of the ground, including the underground supports and foundations for such facilities.
Person shall mean corporations, companies, associations, joint stock companies, firms, partnerships,
limited liability companies, other entities and individuals.
Public Wavs includes the surface of an space above and below any real property in the City which the City
owns or in which it holds an interest as a trustee for the public including, but not limited to, all public streets,
highways, roads, alleys, easements, tunnels, viaducts, bridges, skyways, or any other public place, area or
property under the ownership or control of the City, and any rights-of-way established, dedicated or devoted for
public utility purposes.
Rights-of-Wav shall mean all real property and public ways, which the City owns or in which the City has
an ownership interest.
State shall mean the State of Nebraska.
Surplus Svace shall mean that portion of the usable space on a utility pole which has the necessary
clearance from other pole users, as required by the orders and regulations of the Nebraska Public Service
Commission to allow its use by a telecommunications carrier for a pole attachment.
Telecommunications Carrier includes every person that directly or indirectly owns, controls, operates or
manages telecommunications facilities used or to be used to transmit, receive, distribute, provide or offer
telecommunications service.
Telecommunications Facilities shall mean the plant, equipment and property within the City used to
transmit, receive, distribute, provide or offer telecommunications service.
Telecommunications Provider includes every person who provides telecommunications service over
telecommunications facilities.
Telecommunications Service shall mean the providing or offering for rent, sale or lease, or in exchange for
other value received, of the transmittal of voice, data, image, graphic and video programming information
between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with
or without benefit of any closed transmission medium, unless excluded or exempted by local, state or federal
law.
Underf!round Facilities shall mean utility and telecommunications facilities located under the surface of the
ground, excluding the underground foundations or supports for overhead facilities.
Usable Svace shall mean the total distance between the top of a utility pole and the lowest possible
attachment point that provides the minimum allowable vertical clearance as specified in the orders and
regulations of the Nebraska Public Service Commission.
Utility Facilities shall mean the plant equipment and property including, but not limited to, the poles, pipes,
mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground
within public ways and used or to be used for the purpose of providing utility or telecommunications services.
I
Approved as to Form T C~
November 10,1998 ...City Attorney
- 2 -
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ORDINANCE NO. 8411 (Cont.)
934-3. Penalties
Any person found violating, disobeying, omitting, neglecting or refusing to comply with any of the
provisions of this chapter shall be guilty of an infraction. Upon conviction any person violating any provision of this
chapter shall be subject to a fine as provided by 91-7 of this Code. A separate and distinct violation shall be deemed
committed each day on which a violation occurs or continues.
934-4. Other Remedies and Regulations
Nothing in this chapter shall be construed as limiting any other remedies at law or in equity that the City
may have for enforcement of this chapter. The City Administrator is authorized to establish regulations and
procedures for the implementation of this chapter.
934-5. Registration, Fees and Duration
(A) To the extent permitted by law, all telecommunications carriers or providers engaged in the business of
transmitting, supplying or furnishing of telecommunications service originating, terminating or existing, within the
City shall register with the City pursuant to this Chapter and pay all fees provided herein unless required to apply for
and obtain a license or franchise pursuant to this Chapter.
(B) A registration shall remain in effect for a period of five (5) years from the date on which the City
Administrator certifies that the information required pursuant to 934-6 has been submitted to the Administrator. A
registration may be renewed by either submitting information in duplicate to the City Administrator as set forth in
934-6 or submitting affidavits in duplicate attesting that the information submitted for the initial registration remains
unchanged except to the extent modified by attachments to said affidavits. Upon filing a registration renewal the
registrant shall pay all fees as provided herein.
934-6. Registration Required
All telecommunications carriers or providers required to register pursuant to 934-5, shall register with the
City by submitting information in duplicate to the City Administrator which shall include the following:
(A) The identity and legal status of the registrant including any affiliates.
(B) The name, address and telephone number of the officer, agent or employee responsible for the accuracy
of the registration statement.
(C) A general description of registrant's existing or proposed telecommunications facilities within the City.
(D) A description of the telecommunications service that the registrant intends to offer or provide, or is
currently offering or providing, to persons, firms, businesses or institutions within the City.
(E) Information sufficient for the City to determine whether the registrant is subject to licensing or
franchising.
(F) Information sufficient for the City to determine whether the transmission, origination or receipt of the
telecommunications services provided or to be provided by the registrant constitutes an occupation or privilege
subject to any municipal tax or fee.
(G) Copies of the registrant's certificate of convenience and necessity issued bv registration filed with the
Nebraska Public Service Commission, and any tariff or price list or other authorization or related filings as may
be required by the NPSC to provide telecommunications services. Alternatively, the registrant shall submit a
statement-detailing-the...reasons.that..registration-and...related..filings-with-the-.NP-8G-artHlotFequiFed~
..............-(H)...Information...suffi(lient-for--the-.-Gity.-to-.deteFmine-that-.the...-registrant...has-.-appIied...for-..or-.r-6{)eived...any
permit,operating-lioonse.,oF-other'Fight..or-approvals-requiFed-.by..the...Federal..Communications-.Gommission.to
provide-telecommunications-services...or-fa(liIities-:-
LID(I) Such other information as the City may require for purposes ofthis Chapter.
934-7. Registration Purpose, Exception
(A) The purpose of registration is to:
(1) Provide the City with accurate and current information concerning the telecommunications
carriers and providers who offer or provide telecommunications services within the City, or that own
or operate telecommunication facilities within the City;
(2) Assist the City in enforcement ofthis Chapter;
(3) Assist the City in the collection and enforcement of any municipal taxes, franchise fees, license
fees or charges that are lawfully permissible and may be due the City; and
- 3 -
Approved as to Form T ~
November 10, 1998 ... City Attorney
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ORDINANCE NO. 8411 (Cont.)
(4) Assist the City in monitoring compliance with local, state and federal laws.
(B) A person which provides telecommunications services solely to itself, its affiliates or members
between points in the same building, or between closely located buildings under common ownership or control is
excepted from the registration requirement pursuant to this Chapter, provided that such company or person does not
use or occupy any public ways of the City
934-8. License and Fees
To the extent permitted by law and except as otherwise provided herein, any telecommunications carrier
who desires to construct, install, operate, maintain or otherwise locate telecommunications facilities in public ways
for the purpose of providing telecommunications service to persons and areas outside the City shall fIrst obtain a
license granting the use of such public ways from the City pursuant to this Chapter and pay all the fees as provided
herein. A license shall not be required by any person that obtains a franchise pursuant to 934-19.
934-9. License Application
All telecommunications carriers required to obtain a license pursuant to 934-8 shall apply for a license from
the City by submitting information in duplicate to the City Administrator which shall include the following:
(A) The identity and legal status of the applicant including any afftliates.
(B) The name, address and telephone number of the officer, agent or employee responsible for the accuracy
of the license application.
(C) A general description of applicant's existing or proposed telecommunications facilities within the City
and the !!eo!!raohic area to be covered bv the license.
(D) A description of the telecommunications service that the applicant intends to offer or provide, or is
currently offering or providing, to persons, fIrms, businesses or institutions outside the City.
(E) Information sufficient for the City to determine whether applicant is subject to licensing or franchising.
(F) Information suffIcient for the City to determine whether the transmission, origination or receipt of the
telecommunications services provided or to be provided by the applicant constitutes an occupation or privilege
subject to any municipal tax or fee.
(G) Copies of the applicant's certifIcate of convenience and necessity issued bv registration-fiJed.with-the
Nebraska Public Service Commission, and..any-taFiff-of-pric6-list-or-"othef...authorization"oF'..related-tiIings..as-may
be.....required-by--the.-.NPSG-to-provide..-telecommunications-Bewices~".Alt6mativ6Iy;..-applicant-...shaU..submit.-.a
statement-detailing.the...reasons.-that-registration..and..related-fiIings-with-the.-NP.SG-aFe..not.required~
............._.(H)....Information-.-sufficient...foF...-the-.Gity-to-determine..that-the...applicant..has--.applied..-for-.of.-received..-any
permit, opocating license or other right or approvals required by the Federal Communications Commission to
provide telecommunications services or facilities.
!W(I) Such other information as the City may require for purposes of this Chapter.
934-10. License; Determination by the City
After receiving a complete application hereunder, the City Administrator shall make a recommendation to
the Mayor and City Council to grant or deny the license application in whole or in part. If the application is
recommended for denial, the recommendation shall include the reasons for denial. The Mayor and City Council
shall grant or deny the license application in whole or in part after receiving a recommendation of the City
Administrator The decision ofthe Mayor and City Council on the application shall be made within sixty (60) days of
the ftling of a complete application; provided, time may be extended upon request of the applicant or to permit the
City to obtain additional information relevant to the application. The following standards shall apply when
determining to grant or deny the license application:
(A) The fInancial and technical ability of the applicant.
(B) The legal statusabiIity of the applicant.
(C) The capacity of the public ways to accommodate the applicant's facilities.
(D) The capacity of the public ways to accommodate additional utility and telecommunications facilities if
the application is granted.
(E) The damage or disruption, if any, of existing or future public or private facilities, improvements,
service, travel or landscaping if the application is granted, giving consideration to an applicant's willingness and
ability to mitigate and/or repair same.
(F) The public interest in minimizing the cost and disruption of construction within the public ways.
- 4-
Approved as to Form T ~
November 10, 1998 ... City Attorney
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ORDINANCE NO. 8411 (Cont.)
(G) The ~service that applicant will provide to the region.
(H) The effect, if any, on general public health, safety and welfare in the City's sole opinion if the
application is granted.
(I) The availability of alternate routes or locations for the proposed facilities.
(J) Applicable federal, state and local laws, regulations, rules and policies.
(K) Such other factors as may demonstrate that the grant to use the public ways will serve the community
interest.
934-11. License; Agreement
No license granted hereunder shall be effective until the Mayor and City Council have approved a written
agreement with the applicant setting forth the particular items and provisions under which the license to occupy and
use public ways will be granted. A license granted hereunder shall be limited to a grant of rights to use specific
public ways and defined portions thereof, as may be indicated in the license agreement.
934-12. License, Nonexclusive Grant
No license granted hereunder shall confer any exclusive right, privilege or license to occupy or use the
public ways or property or to provide telecommunications services or any other purposes.
934-13. License, Rights Granted and Term
(A) No license granted hereunder shall convey any right, title or interest in public ways but shall be deemed
a license only to use and occupy the public ways for the limited purposes and term stated in the grant.
(B) No license granted hereunder shall authorize or excuse a licensee from securing such further easements,
leases, permits or other approvals as may be required to lawfully occupy and use public ways.
(C) No license granted hereunder shall be construed as any warranty of title.
(D) Unless otherwise specified in a license agreement, a license granted hereunder shall be in effect for a
term of not more than five (5) years from the date of execution of the license agreement by the Mayor following
approval by the Mayor and City Council.
934-14. License; Construction Permits
All licensees shall obtain construction permits and pay all fees required by law.
934-15. License; Compensation to City
In the absence of state or federal law to the contrary, each license granted hereunder is subject to the City's
right which is expressly reserved, to annually fix a fair and reasonable compensation to be paid for use of public
ways or property and such municipal, occupation, or license taxes as are authorized by state and federal law.
934-16. License; Amendment of Grant
(A) A license application supplement and grant shall be required of any telecommunications carrier that
desires to extend or locate its telecommunications facitities in public ways which are not included in a license and
license agreement previously granted hereunder. The license application supplement shall consist of such
information as would have been required but was not included in the initial license application pursuant to ~34-9.
(B) If ordered by the City to locate or relocate its telecommunications facilities in public ways not included
in a previously granted license, the City shall grant a license amendment without further application.
934-17. License; Renewal Applications; Renewal Determinations
(A) Unless applicable state or federal law establishes a different time period for renewal, a licensee that
desires to renew its license hereunder shall not more than 180 days nor less than 60 days before expiration of the
current license, file an application in duplicate with the city for renewal of its license which shall include updated
information required for a license application. A license may be renewed by either submitting information in
duplicate to the City Administrator as set forth in 934-9 or submitting affidavits in duplicate attesting that the
information submitted for the initial license application remains unchanged except to the extent modified by prior
amendments or attachments to said affidavits. Upon filing a license renewal, the applicant shall pay all fees as
provided herein.
- 5 -
Approved as to Fonn T
November 10, 1998 ... City Attorney
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ORDINANCE NO. 8411 (Cont.)
(B) Within 90 days after receiving a complete application hereunder, the Mayor and City Council shall
make a determination on behalf of the City granting or denying the renewal application in whole or in part. If the
application is denied, the determination shall include the reasons for denying approval of the application. The
standards enumerated in 934-10 shall apply when determining to grant or deny the application, plus a determination
ofthe applicant's compliance with the requirements of this Chapter and the license agreement.
934-18. License; Obligation to Cure as a Condition of Renewal
No license shall be renewed until any ongoing violations or defaults in the licensee's performance of the
license agreement or of the requirements of this Chapter and all applicable laws, statutes, codes, ordinances, rules
and regulations have been cured or a plan detailing the corrective action to be taken by the licensee has been
approved by the City Administrator.
934-19. Franchise and Fees
To the extent permitted by law and except as otherwise provided herein, any telecommunications carrier or
provider who desires to construct, install, operate, maintain or otherwise locate telecommunications facilities in
public ways and/or to provide telecommunications service, including but not limited to local exchange service, to
persons or areas within the City, shall ftrst obtain a franchise granting the use of such public ways from the City and
to provide telecommunications service pursuant to this Chapter and to pay all fees as provided herein.
934-20. Franchise Application
All telecommunications carriers or providers required to obtain a franchise pursuant to 934-19 shall apply
for a franchise from the City hereunder by submitting information in duplicate to the City Administrator which shall
include the following:
(A) The identity and legal status ofthe applicant including any afftliates.
(B) The name, address and telephone number of the offtcer, agent or employee responsible for the accuracy
of the franchise application.
(C) A general description of applicant's existing or proposed telecommunications facilities within the City
and the geograohic area to be covered bv the franchise.
(D) A description of the telecommunications service that the applicant intends to offer or provide, or is
currently offering or providing, to persons, ftrms, businesses or institutions within the City.
(E) Information sufftcient for the City to determine whether applicant is subject to licensing or franchising.
(F) Information sufftcient for the City to determine whether the transmission, origination or receipt of the
telecommunications services provided or to be provided by the applicant constitutes an occupation or privilege
subject to any municipal tax or fee.
(G) Copies of the applicant's certiftcate of convenience and necessity issued bv registration..filed-with..the
Nebraska Public Service Commission, -and.any.tariff..or-pr-iee-lisf-or..other..authorization..or..related-filings...as..may
be...required-...by-the.....N.PSG-to-provide...telecommunications-ser-vices.;....Altematively,applicant....shall.....submit-ii
statement detailing the reasons that registration and related ftlings with the NPSC are not required.
(H) Inf-ormation sufftcient for the City to determine that the applicant has applied for or received any
permit, operating license or other right or approvals required by the Federal Communications Commission to
provide telecommunications services or facilities.
(W(I) Such other information as the City may require for purposes of this Chapter.
934-21. Franchise; Determination by the City
After receiving a complete application hereunder, the City Administrator shall make a recommendation to
the Mayor and City Council to grant or deny the franchise application in whole or in part. If the application is
recommended for denial, the recommendation shall include the reasons for denial. The Mayor and City Council
shall grant or deny the franchise application in whole or in part after receiving a recommendation of the City
Administrator The decision of the Mayor and City Council on the application shall be made within sixty (60) days of
the ftling of a complete application; provided, time may be extended upon request of the applicant or to permit the
City to obtain additional information relevant to the application. The following standards shall apply when
determining to grant or deny the franchise application:
(A) The ftnancial and technical ability of the applicant.
(B) The legal status ability-ofthe applicant.
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November 10, 1998 ... City Attorney
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ORDINANCE NO. 8411 (Cont.)
(C) The capacity of the public ways to accommodate the applicant's facilities.
(D) The capacity of the public ways to accommodate additional utility and telecommunications facilities if
the application is granted.
(E) The damage or disruption, if any, of existing or future public or private facilities, improvements,
service, travel or landscaping if the application is granted, giving consideration to an applicant's willingness and
ability to mitigate and/or repair same.
(F) The public interest in minimizing the cost and disruption of construction within the public ways.
(G) The ~service that applicant will provide to the region.
(H) The effect, if any, on general public health, safety and welfare in the City's sole opinion if the
application is granted.
(I) The availability of alternate routes or locations for the proposed facilities.
(J) Applicable federal, state and local laws, regulations, rules and policies.
(K) Such other factors as may demonstrate that the grant to use the public ways will serve the community
interest.
~34-22. Franchise; Agreement
No franchise granted hereunder shall be effective until the Mayor and City Council have approved a written
agreement with the applicant setting forth the particular items and provisions under which the franchise to occupy
and use public ways will be granted. A franchise granted hereunder shall be limited to a grant of rights to use
specific public ways and defined portions thereof, as may be indicated in the franchise agreement.
~34-23. Franchise; Nonexclusive Grant
No franchise granted hereunder shall confer any exclusive right, privilege or franchise to occupy or use the
public ways or property or to provide telecommunications services or any other purposes.
~34-24. Franchise; Rights Granted and Term
(A) No franchise granted hereunder shall convey any right, title or interest in public ways but shall be
deemed a franchise only to use and occupy the public ways for the limited purposes and term stated in the grant.
(B) No franchise granted hereunder shall authorize or excuse a franchisee from securing such further
easements, leases, permits or other approvals as may be required to lawfully occupy and use public ways.
(C) No franchise granted hereunder shall be construed as any warranty of title.
(D) Unless otherwise specified in a franchise agreement, a franchise granted hereunder shall be in effect for
a term of not more than five (5) years from the date of execution of the franchise agreement by the Mayor following
approval by the Mayor and City Council.
~34-25. Franchise; Construction Permits
All franchisees shall obtain permits and pay all fees required by law prior to commencement of
construction.
~34-26. Franchise; Compensation to City
In the absence of state, federal or other law to the contrary, each franchise granted hereunder is subject to
the City's right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid for use of
public ways or property and such municipal, occupation, or franchise taxes are authorized by state and federal law.
~34-27. Reserved
~34-28. Franchise; Service to the City
A franchisee shall make its telecommunications services available to the City at its most favorable rate for
similarly situated users in the State of Nebraska, provided however, the City may negotiate more favorable rates or
free service in lieu of other obligations of franchisee.
~34-29. Franchise; Amendment of Grant
(A) A franchise application supplement and grant shall be required of any telecommunications carrier that
desires to extend or locate its telecommunications facilities in public ways which are not included in a franchise and
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Approved as to Form" ~
November 10, 1998 ... City Attorney
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ORDINANCE NO. 8411 (Cont.)
franchise agreement previously granted hereunder. The franchise application supplement shall consist of such
information as would have been required but was not included in the initial franchise application pursuant to S34-20.
(B) If ordered by the City to locate or relocate its telecommunications facilities in public ways not included
in a previously granted franchise, the City shall grant a franchise amendment without further application.
(C) A franchise application supplement shall be required of any telecommunications provider that desires
to add to or modify the telecommunications services provided pursuant to a franchise previously granted. The
franchise application supplement shall consist of such information as would have been required but was not included
in the initial franchise application pursuant to S34-20.
934-30. Franchise; Renewal Applications; Renewal Determinations
(A) Unless applicable state or federal law establishes a different time period for renewal, a franchisee that
desires to renew its franchise hereunder shall not more than 180 days nor less than 60 days before expiration of the
current franchise, file an application in duplicate with the City for renewal of its franchise which shall include
updated information required for a franchise application. A franchise may be renewed by either submitting
information in duplicate to the City Administrator as set forth in 934-20 or submitting affidavits in duplicate
attesting that the information submitted for the initial franchise application remains unchanged except to the extent
modified by prior amendments or attachments to said affidavits. Upon filing a franchise renewal, the applicant shall
pay all fees as provided herein.
(B) Within 90 days after receiving a complete application hereunder, the Mayor and City Council shall
make a determination on behalf of the City granting or denying the renewal application in whole or in part. If the
application is denied, the determination shall include the reasons for denying approval of the application. The
standards enumerated in 934-21 shall apply when determining to grant or deny the application, plus a determination
of the applicant's compliance with the requirements of this Chapter and the license agreement.
934-31. Franchise, Obligation to Cure as a Condition of Renewal
No franchise shall be renewed until any ongoing violations or defaults in the franchisee's performance of
the franchise agreement or of the requirements of this Chapter and all applicable laws, statutes, codes, ordinances,
rules and regulations have been cured or a plan detailing the corrective action to be taken by the licensee has been
approved by the city Administrator of his/her designee.
934-32. Conditions of Grant of License or Franchise, General Duties
(A) All grantees shall comply with all requirements of the Grand Island City Code.
(B) All grantees shall provide written confirmation sufficient for customary land survey and land title
insurance purposes concerning the location of its facilities in public ways and disclaiming any interest in public
ways where it has no license or franchise to construct or operate its facilities.
(C) Any act that a grantee is or may be required to perform under this ordinance, its license, franchise or
applicable agreement or law shall be performed at the grantee's expense.
934-33. Conditions of Grant of License or Franchise; Interference with the Public Ways
No grantee may locate or maintain its telecommunications facilities so as to unreasonably interfere with the
use of the public ways by the City, by the general public or other persons authorized to use or be present in or upon
the public ways. All such facilities shall be moved by and at the expense of the grantee, temporarily or permanently,
as determined by the City.
934-34. Conditions of Grant of License or Franchise; Damage to Property
Any grantee or any person acting on a grantee's behalf that impairs or damages any public way, or other
property located in, on or adjacent thereto, shall restore said public way or other property in conformance with 934-
41 of this Chapter.
934-35. Conditions of Grant of License or Franchise; Notice of Work
Unless otherwise provided in a license or franchise agreement, no grantee, or any person acting on the
grantee's behalf, shall commence any nonemergency work in or about the public ways without providing three (3)
working days advance written notice to the City. Any private property owner whose property will be affected by a
grantee's work shall be afforded the same notice.
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Approved as to Fonn T ~
November 10, 1998 ... City Attorney
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ORDINANCE NO. 8411 (Cont.)
334-36. Conditions of Grant of License or Franchise; Repair and Emergency Work
In the event of an unexpected repair or emergency, a grantee may commence such repair and emergency
response work as required under the circumstances, provided the grantee shall notify the Directors of Public Works
and Director of Utility Operations as promptly as possible, before such repair or emergency work or as soon
thereafter as possible if advance notice is not practicable.
334-37. Conditions of Grant of License or Franchise; Maintenance of Facilities
Each grantee shall maintain its facilities in good and safe condition and in a manner that complies with all
applicable federal, state and local requirements.
334-38. Conditions of Grant of License or Franchise; Relocation or Removal of Facilities
(A) Within thirty (30) days following written notice from the City, a grantee shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities
within the public ways whenever the City Administrator shall have determined that such removal, relocation, change
or alteration is reasonably necessary for:
(1) The construction, repair, maintenance or installation by the City or other governmental entity
of any public improvement in or upon the public ways.
(2) The operations of the City or other governmental entity in or upon the public ways.
(3) The vacation of a public street or the release of a utility easement.
(B) Provided the City has complied with the One Call Notification System Act the City shall not be liable
for any damage to or loss of any telecommunications facility within the public ways as a result of or in connection
with any public works, public improvements, construction, excavation, grading, filling or work of any kind in the
public ways by or on behalf of the City unless directly or proximately caused by the willful, intentional or malicious
acts of the City.
334-39. Conditions of Grant of License-or Franchise, Removal of Unauthorized Facilities
Within thirty (30) days following written notice from the City, any grantee, telecommunications carrier, or
other person that owns, controls or maintains any unauthorized telecommunications system, facility or related
appurtenances within the public ways shall at its own expense, remove such facilities or appurtenances from the
public ways. If such grantee fails to remove such facilities or appurtenances, the City may cause the removal and
charge the grantee for the costs incurred. A telecommunications system or facility is unauthorized and subject to
removal in the following circumstances:
(A) Upon expiration or termination of the grantee's license or franchise.
(B) Upon abandonment of a facility within the public ways.
(C) If the system or facility was constructed or installed without the prior grant ofa license or franchise.
(D) If the system or facility was constructed or installed without the prior issuance of a required
construction permit.
(E) If the system or facility was constructed or installed at a location not permitted by the grantee's license
or franchise.
(F) Any such other reasonable circumstances deemed reasonablv necessary by the City Administrator in
order to protect public health, safety and welfare.
334-40. Conditions of Grant of License or Franchise; Emergency Removal or Relocation of Facilities
The City retains the right and privilege to cut or move any telecommunications facilities located within the
pubic ways as the City may determine to be necessary, appropriate or useful in response to any public health or
safety emergency.
334-41. Conditions of Grant of License or Franchise; Restoration of Rights-of-Way
The Grantee shall comply with the following:
(A) When a grantee, or any person acting on its behalf, does any work in or affecting any public ways, it
shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property
including trees, landscaping and grounds to the same condition which existed before the work was undertaken.
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November 10, 1998 A City ttomey
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ORDINANCE NO. 8411 (Cont.)
(B) If weather or other conditions do not permit the complete restoration required hereunder, the grantee
shall temporarily restore the affected ways or property. Such temporary restoration shall be at the grantee's sole
expense and the grantee shall promptly undertake and complete the required permanent restoration when the
weather conditions no longer prevent such permanent restoration.
(C) A grantee or other person acting on its behalf shall use suitable barricades, flags, flagmen, lights, flares
and other measures as required for the safety of all members of the general public and to prevent injury or
damage to any person, vehicle or property by reason of such work in or affecting such public ways.
934-42. Conditions of Grant of License or Franchise; Facilities Maps
Each grantee shall provide the City with an accurate as-built map or maps certifying the location of all
telecommunications facilities within the public ways. Each grantee shall provide updated as-built maps annually.
Commencing on January 1, 2002 the "As-Built" Facilities Map must be delivered in digital form with GPS
coordinates locating all facilities to at least sub-decimeter accuracy. The digital format will be compatible with the
City's Geographic Information System (GIS) system so that it can be displayed as a layer or theme in the City's GIS
system. Commencing on January 1,2002, the digital "As Built" Facilities Map will be updated and delivered to the
City monthly, except that delivery will not be required if no change to the Facility has been made in the preceding
month.
934-43. Conditions of Grant of License or Franchise; Duty to Provide Information
Within ten (10) days of a written request from the City Administrator each grantee shall furnish the City
Administrator with information sufficient to demonstrate:
(A) That grantee has complied with all requirements of this Chapter.
(B) That all taxes and fees due the City in connection with the telecommunications services and facilities
provided by the grantee has been properly collected and paid by the grantee.
(C) That all books, records, maps and other documents maintained by the grantee with respect to its
facilities within the public ways shall be made available for inspection by the City Administrator at reasonable
times and intervals and shall remain proprietary and confidential to the extent provided by law if so requested in
writing by grantee.
934-44. Conditions of Grant of License or Franchise; Leased Capacity
Subject to the provisions of 934-48 and 934-65, a grantee shall have the right to offer, lease, or provide
capacity or bandwidth to a telecommunications carrier or provider in order to provide telecommunications service,
including but not limited to local exchange service, to persons or areas within the city, provided that:
(A) Grantee shall furnish the City in advance with a notice of any such proposed lease or agreement which
shall contain the following information:
(1) The identity and legal status ofthe transferee.
(2) The name, address, and telephone number of an officer or agent of the transferee.
(3) Sufficient general information concerning the proposed lease or agreement and the transferee for
the City to make a determination concerning whether said transferee is subject to filing a registration or
an application for franchise pursuant to this chapter.
(B) The proposed transferee, lessee or person shall comply with all of the requirements of this Chapter.
934-45. Conditions of Grant of License or Franchise; Grantee Insurance
Unless otherwise provided in a license agreement or franchise agreement, each grantee occupying or using
public ways or property shall, as a condition of the grant, secure and maintain the following liability insurance
policies insuring both the grantee and the City, and its elected and appointed officers, officials, agents,
representatives and employees as additional named insured with:
(A) Comprehensive general liability insurance with limits not less than:
(1) Five Million Dollars ($5,000,000.00) for bodily injury or death to each person;
(2) Five Million Dollars ($5,000,000.00) for property damage resulting from anyone accident;
and,
(3) Five Million Dollars ($5,000,000.00) for all other types ofliability.
(B) Automobile liability for owned, non-owned and hired vehicles with a limit of Three Million Dollars
($3,000,000.00) for each person and Three Million Dollars ($3,000,000.00) for each accident.
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Approved as to Form T Cf1)."':
November 1 0, 1998 ... City Attorney
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ORDINANCE NO. 8411 (Cont.)
(C) Worker's compensation within statutory limits and employer's liability insurance with limits of not less
than One Million Dollars ($1,000,000.00).
(D) Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and
products completed hazard with limits of not less than three Million Dollars ($3,000,000.00)
(E) The liability insurance policies required by this section shall be maintained at all times by the grantee.
Each such insurance policy shall contain the following endorsement:
"It is hereby understood and agreed that this policy may not be canceled nor the intention not
to renew be stated until 90 days after receipt by the City, by registered mail, of a written
notice addressed to the City Clerk of such intent to cancel or not to renew."
(F) Within sixty (60) days after receipt by the City of said notice, and in no event later that thirty (30) days
prior to said cancellation, the grantee shall obtain and furnish to the City replacement insurance policies
meeting the requirements of this Chapter.
934-46. Conditions of Grant of License or Franchise; General Indemnification
In addition to and distinct from the insurance requirements of this Chapter, each grantee shall agree as part
of its license agreement or franchise agreement to defend, indemnify and hold the City and its officers, officials,
employees, agents and representatives harmless from and against any and all damages, losses and expenses,
including reasonable attorneys' fees and costs of suit or defense arising out of, resulting from or alleged to arise out
of or result from the acts, omissions, failure to act or misconduct of the Grantee or its affiliates, officers, employees,
agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its
telecommunications facilities, and in providing or offering telecommunications services over the facilities or
network, whether such acts or omissions are authorized, allowed or prohibited by this Chapter or by a license
agreement or franchise agreement made or entered into pursuant to this Chapter.
934-47. Conditions of Grant of License or Franchise; Coordination of Construction Activities
All grantees are required to cooperate with the City and with each other as follows:
(A) By March 1 of each year, grantees shall provide the Director of Public Works and Director of Utility
Operations with a schedule of their proposed construction activities which may affect the public ways for that
year.
(B) Each grantee shall meet with the City or grantees and users of the public ways annually or as
determined by the City to schedule and coordinate construction.
(C) All construction locations, activities and schedules shall be coordinated to minimize public
inconvenience, disruption and/or damages.
934-48. Conditions of Grant of License or Franchise, Assignments or Transfers of Grant
Ownership or control of telecommunications services and facilities or of transmission capacity any part of
which is subject to a license or franchise may not directly or indirectly be transferred, assigned or disposed of by
sale, lease, merger, consolidation or other act of the grantee, by operation of law or otherwise, nor may there be a
transfer of working control without the prior notification to consent of the Mayor and City, and then on such
conditions as may be prescribed therein and:
(A) No grant shall be assigned or transferred in any manner within hY.QtweWe (+2) months after the initial
grant of the license or franchise unless otherwise provided by law.
(B) Absent extraordinary and unforeseeable circumstances, no grant, system or integral part of a system
shall be assigned or transferred before construction of the telecommunications system has been completed.
all(G) The grantee and the proposed assignee or transferee of the grant or system shall provide and certify
the following information to the City Administrator.
(1) Complete information setting forth the nature, l!eneral terms and condition~ of the proposed
transfer or assignment;
(2) All information required of a license or franchise applicant pursuant to this Chapter with
respect to the proposed transferee or assignee;
(3) All information required by federal, state and local law or regulation; and,
m(4) Such other information as the City may require for purposes of this Chapter.
~(I}j Ne-tFaBsfeF..sh.all.-bpproved unless J)he assignee or transferee shall meets the standards of 934-1 0
and 934-21.
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Approved as to Form T ~
November 10, 1998 .. City Attorney
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ORDINANCE NO. 8411 (Cont.)
Q.,2JEBj To the extent permitted by law, the grantee shall reimburse the City for all direct and indirect fees,
costs and expenses incurred by the City in reviewin2: a notice of considering a request to transfer of ownership
m-or assignment of a license or franchise.
(IDEB Any transfer of ownership in-or assignment of a grant, system or integral part of a system without
prior noticeappro'lal ofthe City under this Chapter shall be void and is cause for revocation of the grant.
(fl(Gj Upon receipt of all information required herein, and any other information required by the City, the
City shall have sixty (60) days to review and obiect to approve or deny the requested assignment or transfer.
934-49. Conditions of Grant of License or Franchise; Transactions Affecting Control of Grant
Any transaction which results in any change of the ownership or in any manner the working control of the
grantee of a license or franchise, or of control of the capacity or bandwidth or any part of the transmission capacity
of the grantee's telecommunications system, facilities or any parts thereof, all defmed as 20% or more ownership or
control, shall be considered an assignment or transfer requiring City approval hereunder. Unless otherwise provided
in a license or franchise, transactions between affiliated entities are not exempt from City approval.
934-50. Conditions of Grant of License or Franchise; Revocation or Termination of Grant
A license or franchise granted by the City to use or occupy public ways may be revoked for anyone or
more ofthe following reasons:
(A) Construction or operation at an unauthorized location.
(B) Unauthorized transfer of control of the grantee.
(C) Unauthorized assignment of a license or franchise.
(D) Unauthorized sale, assignment or transfer of the grantee's franchise or license assets or an interest
therein.
(E) Misrepresentation or lack of candor by or on behalf of a grantee in any application to the City.
(F) Abandonment of telecommunications facilities in the public ways.
(G) Failure to relocate or remove facilities as required in this Chapter.
(H) Failure to pay lawfully permitted taxes, compensation, fees or costs when and as due the City.
(I) Insolvency or bankruptcy ofthe grantee.
(1) Violation of a material provision of this Chapter or Code.
(K) Violation of a material term of a license, franchise or associated agreement.
934-51. Conditions of Grant of License or Franchise; Notice and Duty to Cure
In the event that the City Administrator believes that grounds exist for revocation of a license or franchise,
the grantee shall be given written notice of the apparent violation or noncompliance, be provided a concise statement
of the nature and general facts of the violation or noncompliance, and be given a reasonable period of time not
exceeding fifteen (15) days to furnish evidence:
(A) That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation
of noncompliance.
(B) That rebuts the alleged violation or noncompliance.
(C) That it would be in the public interest to impose some monetary damages, penalty or sanction less than
revocation.
934-52. Conditions of Grant of License or Franchise; Hearing
In the event that a grantee fails to provide evidence pursuant to 934-51 reasonably satisfactory to the City
Administrator, the City Administrator shall refer the apparent violation or noncompliance to the Mayor and City
Council. The Mayor and City Council shall upon request by the grantee, provide the grantee with notice and
reasonable opportunity to be heard concerning this matter.
934-53. Conditions of Grant of License or Franchise; Standards for Revocation or Lesser Sanctions
Based on a preponderance of the evidence that the grantee has violated or failed to comply with a material
provision of this Chapter or its license or franchise or associated agreement, the City Council shall determine
whether to revoke the license or franchise, and issue a written decision relating thereto, or to establish some lesser
sanction and cure, considering the nature, circumstances, extent and gravity of the violation as reflected by one or
more of the following factors:
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Approved as to Form T ~
November 10, 1998 ... City Attorney
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ORDINANCE NO. 8411 (Cont.)
(A) Whether the misconduct was egregious.
(B) Whether substantial harm resulted.
(C) Whether the violation was intentional.
(D) Whether there is a history of prior violations of the same or other requirements.
(E) Whether there is a history of overall compliance.
(F) Whether the violation was voluntarily disclosed, admitted or cured.
~34-54. Construction; Codes
Telecommunications facilities shall be constructed, installed, operated and maintained in accordance with
all applicable federal, state and local codes, rules and regulations including, but not limited to, the National Building
Code, National Electrical Code, Uniform Plumbing Code and A.N.S.1. standards.
~34-55. Construction; Applications
Applications for permits to construct telecommunications facilities shall be submitted upon forms provided
by the Public Works Department. The applicant shall pay all permit and plan review fees and shall include any
additional information as requested by the Public Works Department. The application shall be accompanied by
drawings, plans and specifications in sufficient detail to demonstrate:
(A) That the facilities will be constructed in accordance with all applicable codes, rules and regulations.
(B) The location and route of all facilities to be installed on existing utility poles.
(C) The location and route of all facilities to be located under the surface of the ground including the line
and grade proposed for the burial at all points along the route which are within the public way.
(D) The location of all existing underground utilities, conduits, ducts, pips, mains and installations which
are within the public way along the underground route proposed by the applicant.
(E) The location of all other facilities to be constructed within the city, but not within the public ways.
(F) the construction methods to be employed for protection of existing structures, fixtures and facilities
within or adjacent to the public ways.
(G) The location, dimension and types of all trees within or adjacent to the public ways along the route
proposed by the applicant, together with a landscape plan for protecting, trimming, removing, replacing and
restoring any trees or areas to be disturbed during construction.
934-56. Construction; Engineer's Certification
All permit applications shall be accompanied by the certification of a representative of the applicant that
the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules
and regulations.
934-57. Construction; Traffic Control Plan
All permit applications which involve work on, in, under, across or along any public way used for vehicular
or pedestrian traffic shall be accompanied by a traffic control plan demonstrating the protective measures and
devices that will be employed.
934-58. Construction; Issuance of Permit
Within thirty (30) days or longer period of time which is reasonable under the circumstances after
submission of all plans and documents required of the applicant and payment of the permit and plan review fees
lawfully required by the City, the Public Works Department, if satisfied that the application, plans and documents
comply with all requirements of this Chapter, shall issue a permit authorizing construction of the facilities, subject to
such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as
the Director of Public Works and Director of Utility Operations may deem necessary or appropriate.
934-59. Construction; Construction Schedule
Subject to the provisions in this Chapter regarding emergency work, the permittee shall submit a written
construction scheduled to the Director of Public Works and Director of Utility Operations ten (10) working days
before commencing any work in or about the public ways. The permittee shall further provide written notification to
the Director of Public Works and Director of Utility Operations not less than five (5) working days in advance of
- 13 -
Approved as to Form T ~
November 10, 1998 .... City Attorney
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ORDINANCE NO. 8411 (Cont.)
any excavation or work in the public ways. Before any work is commenced, requisite approvals and permits from
the City and city staff must fIrst be obtained.
934-60. Construction; Compliance with Permit
All construction practices and activities shall be in accordance with the permit and approved fmal plans and
specifIcations for the facilities. The Director of Public Works and Director of Utility Operations or their respective
representatives and designees shall be provided access to the work and such further information as they may require
to ensure compliance with such requirements.
934-61. Construction; Display of Permit
The permittee shall maintain a copy of the construction permit and approved plans at the construction site,
which shall be displayed and made available for inspection by the Director of Public Works and Director of Utility
Operations or their respective designees at all times when construction work is occurring.
934-62. Construction; Noncomplying Work
Upon order of the Director of Public Works and Director of Utility Operations all work which does not
comply with the permit, the approved plans or specifIcations for the work, or the requirements of this Chapter shall
be removed. The permittee, at its expense in cooperation with other existing facility owners, shall relocate any
facilities which are not located in compliance with permit requirements and then provide as-built maps to the City to
show conformance.
934-63. Construction; As-Built Drawings
Within thirty (30) days after completion of construction, the permittee shall furnish the Public Works
Department with two (2) complete sets of plans, drawn to scale and certified to the City as accurately depicting the
location of all telecommunications facilities constructed pursuant to the permit. Commencing on or before January
I, 2002, "As-Built" drawings must be delivered in digital format acceptable to the City. Digital versions of all
previous "As-Built" drawings will also be delivered to the City, if available, on or before January I, 2002. The
drawing files will be tied to the Facilities Map so that "As-Builts" for the portion of the system being viewed on the
Facilities Map can be easily selected and displayed.
934-64. Construction; Location of Facilities
Unless otherwise required in current or future City ordinances regarding underground construction
requirements, all facilities shall be constructed, installed and located in accordance with the following terms and
conditions unless hardship or a valid reason to locate elsewhere can be demonstrated to the City Administrator:
(A) If permitted by law, telecommunications facilities shall be installed within an existing underground
duct or conduit whenever excess capacity exists within such utility facility.
(B) A grantee with written authorization to install overhead facilities shall install its telecommunications
facilities on pole attachments to existing utility poles, and then only if surplus space is available. If either of the
foregoing do not exist, grantee, with prior written approved of the Director of Utility Operations may construct
additional poles.
(C) Whenever all existing telephone, electric utilities, cable facilities or telecommunications facilities are
located underground within public ways, a franchisee with written authorization to occupy the same public
ways must also locate its telecommunications facilities underground.
(D) Whenever all new or existing telephone, electric utilities, cable facilities or telecommunications
facilities are located or relocated underground within public ways, a franchisee that currently occupies the same
public ways shall concurrently relocate its facilities underground at its expense.
934-65. Construction; Conduit Occupancy
In furtherance of the public purpose of reduction of public way excavation, it is the goal of the City to
encourage both the shared occupancy of underground conduit as well as the construction, whenever possible, of
excess conduit capacity for occupancy of future public way occupants. Therefore, if a franchisee is construction
underground conduit for its own telecommunications facility, and the City reasonably determines such construction
is in an area in which another telecommunications provider(s) may also construct telecommunications facilities in
- 14 -
Approved as to Form T CJjZ---
November 10, 1998 ...City Attorney
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ORDINANCE NO. 8411 (Cont.)
the future, the City may, to the extent permitted by law, require the franchisee to construct excess conduit capacity
in the public way.
S34-66. Fees; Registration, Application and Public Way Occupancy
The following fees, which shall be listed on the City's User Fee Schedule, shall be paid in connection with
the administration of this Chapter:
(A) Registration Fee to be paid at the time of filing registration information.
(B) License Application Fee to be paid at the time of filing a license application.
(C) Franchise Application Fee to be paid at the time of filing a franchise application.
(D) License or Franchise Amendment Fees to be paid at the time of filing a supplementary application.
(E) Occupation tax for local exchange service to be paid quarterly.
(F) Permit and plan review fee to be paid at the time of filing an application for permit to construct
telecommunications facilities subject to adjustment upon completion of plan review.
(G) Public Way Occupancy Fee to be paid prior to installation or construction of telecommunications
facilities on a public way.
(H) Pole Rental to be paid annually for installing and operating telecommunications facilities on or in
conjunction with City utility facilities, including particularly utility poles.
S34-67. Fees; Preapplication Conference and Application Fee
Following acceptance of an application by the City, the applicant shall participate in a conference with the
City Administrator and city staff for the purpose of reviewing the application, confirming information and
identifying issues related to compliance with this Chapter and the issuance of a license or franchise.
S34-68. Severability
If any section, subsection, sentence, clause, phrase or other portion of this Chapter, or its application to any
person is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said
decision shall not affect the validity ofthe remaining portions hereof.
S34-69. Reserved
S34-70. Reserved
S34-71. Reserved
S34-72. Reserved
S34-73. Reserved
S34-74. Reserved
Article II. Taxicab Companies
~34-75. Taxicab Company Permit; Required
It shall be unlawful for any person owning or operating a motor vehicle for the transportation of passengers
for hire, to operate such vehicle, or cause such vehicle to be operated, upon the streets or alleys of the City without
frrst obtaining a permit to do so.
~34-76. Taxicab Company Permit; Application
All applications for permit required by ~34-75 shall be made to the city clerk on a form to be provided by
the city clerk. Such application form shall require the applicant to set forth his or her name, residence, occupation,
and such other facts as are necessary to show whether or not such applicant is a person of good moral character and
otherwise qualified to operate vehicles carrying passengers for hire.
~34-77. Taxicab Company Permit; Fees
Every application for a permit as required by ~34-75 shall be accompanied by a receipt for $26.25 for the
permit for the frrst vehicle, and $5.25 for each subsequent permit issued to the same person for additional vehicles,
signed by the city treasurer, which money shall be deemed an occupation tax and shall go into the general fund of
the City.
- 15 -
Approved as to Form T ~
November 10, 1998 ... lty Attorney
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ORDINANCE NO. 8411 (Cont.)
~34-78. Permit; Issuance
If the information on the application required by ~34-76, duly verified, shall show that an applicant for a
permit pursuant to the provisions of ~34-75 is properly qualified, and if such applicant has complied with the
requirements of ~34-77 regarding the payment of fees, the city clerk shall issue such permit.
~34-79. Permits to be Numbered; Expiration Date
Permits issued pursuant to ~34-78 shall bear a number signed by the city clerk with the name and address
of the holders thereof. All such permits shall expire on December 31 of the year in which they are issued.
~34-80. Permit; Forfeiture
Every person violating any of the provisions of this chapter shall forfeit his or her permit issued pursuant to
this article, at the discretion of the mayor and city council.
~34-81. Taximeters
Every motor-driven vehicle seating seven passengers or less shall have affixed thereto, in plain view, a
taximeter, or other mechanical device, by which the charge for hire of such motor vehicle is mechanically
calculated, either for distance driving or for waiting time, or for both, and upon which such charge shall be indicated
by means of figures, and all fare of passengers shall be determined by such device or meter.
No license shall be issued to operate such motor vehicle until the taxi meter attached thereto has been
inspected and found to be accurate.
After sundown, the face of every taximeter in operation shall be illuminated by a suitable light so arranged
as to throw a continuous, steady light thereon. No person shall use, or permit to be used, or driven for hire, a public
motor vehicle equipped with a taximeter, the case of which is unsealed.
934-82. Reserved
934-83. Reserved
934-84. Reserved
Article III. Taxicab Drivers' Permits
~34-85. Taxicab Driver's Permit; Required
No person shall drive a taxicab in the City unless he or she shall have applied for and obtained a permit to
do so from the city clerk.
~34-86. Requisite to Employment as Driver
No person operating a taxi company in the City shall employ or allow any person to drive a taxi unless such
person shall first have been granted a permit to operate a taxi as provided by this article.
~34-87. Application
Each person desiring a taxicab driver's permit shall file an application therefor with the city clerk on a form
provided by the clerk, setting forth the name and address of the applicant, and the name and address ofthe owner of
the taxicab which he or she will drive.
~34-88. Medical Examination; Certificate
An applicant for a taxicab driver's permit shall undergo a medical examination, at applicant's expense, by a
physician licensed in the State of Nebraska, and shall obtain a certificate from such examining physician showing
the physical fitness of the applicant to become a licensed taxicab driver.
~34-89. Examination by Chief of Police
An applicant for a taxicab driver's permit shall take an examination to be given by the chief of police to
determine whether or not the applicant is familiar with the provisions of this Code which are related to traffic, other
traffic laws, and any other applicable regulations of the City, and whether or not such applicant is acquainted with
the location of all streets and public places in the City. Such examination shall be in such form and shall be as
comprehensive as the chief of police may deem necessary.
- 16 -
Approved as to Form T ~
November 10, 1998 ... City Attorney
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ORDINANCE NO. 8411 (Cont.)
~34-90. Minimum Age
An applicant for a taxicab driver's permit shall be not less than eighteen years of age.
~34-91. Issuance
Upon an applicant for a taxicab driver's permit complying with the requirements of this article, and upon
the filing of the health certificate, and a certificate showing that he or she has passed the examination given by the
chief of police, and upon payment of the fees provided by ~34-94, the city clerk is authorized to issue such taxicab
driver's permit.
~34-92. Assignability
A taxicab driver's permit issued pursuant to this article is not assignable and shall authorize the holder
thereof to drive only for the owner designated in the application. In the event such driver changes employers, the
city clerk is authorized to issue a new permit to such driver, without examination, upon payment of the permit fee
set forth in ~34-94.
~34-93. Expiration Date
All permits issued pursuant to this article shall expire on December 31 following the date of issuance.
~34-94. Fees
An annual permit fee shall be charged for permits issued pursuant to this article as follows:
For each original permit $10.00
For each renewal permit $10.00
~34-95. When and Where Fees Payable
All renewal fees for permits pursuant to this article shall be due and payable at the office of the city
treasurer on January 1 of each year.
~34-96. Permit Badge
The city treasurer shall issue to each person granted a permit to drive a taxi pursuant to this article, a badge,
which badge shall be worn only by the person to whom such permit was issued and such badge shall be worn on the
front of such driver's cap. The taxi driver's badge shall bear the name of the city, the number of the permit issued,
and the word "taxi." The city treasurer shall collect the cost of such badge from the person to whom the permit is
issued, and the cost thereof may be redeemed by the treasurer when the permittee shall no longer desire to drive a
taxi, and shall surrender such badge in a good, usable condition.
~34-97. Permit Revocation; Chief of Police
The chief of police is hereby charged with the duty of approving all permits granted pursuant to this
division, and if any person shall, in the discretion of the chief of police, be found to be a reckless driver and unfit to
operate a taxi, such permit to operate the same may be revoked by the chief of police.
~34-98. Revocation; Driving While Intoxicated
If any person holding a permit pursuant to this article shall be found guilty of driving a taxi while
intoxicated, the chief of police may revoke the permit granted to such violator.
~34-99. Reserved
~34-100. Reserved
~34-101. Reserved
~34-102. Reserved
~34-103. Reserved
~34-104. Reserved
- 17 -
Approved as to Form ... ~
November 10, 1998 ... City Attorney
I
ORDINANCE NO. 8411 (Cont.)
Article IV. Public Transportation System
~34-105. Public Transportation System
The city council of the City of Grand Island, Nebraska, hereby appropriates for itself the authority to do
anyone or more of the following in order to provide for the general welfare of the citizens of the City of Grand
Island, Nebraska:
Acquire by the exercise of the power of eminent domain, or otherwise, lease, purchase, construct, own,
maintain, and operate, or contract for the operation of a public passenger transportation system, excluding
taxicabs and railroad systems, and to exercise any other powers authorized by law.
The exercise of the power herein granted shall be accomplished by further action of this council in
such manner and method as it deems appropriate.
SECTION 2. Sections 34-1 through 34-22 as now existing, and any ordinances or
parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
I
Enacted: November 9, 1998.
Ken Gnadt, Mayor
Attest:
Cindy K. Cartwright, City Clerk
This item was pulled from the agenda at the City Council Meeting
of November 91 1998.
I
Approved as to Form T ~
November 10, 1998 .& City Attorney
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ORDINANCE NO. 8411
An ordinance to amend Chapter 34 of the Grand Island City Code; to add Article
1. and Sections 34-1 through 34-68 pertaining to telecommunications; to renumber Sections 34-1
through 34-22 as now existing; to repeal any ordinance or parts of ordinances in conflict
herewith; and to provide for publication and the effective date ofthis ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Chapter 34 is hereby renamed Telecommunications and Public
Transportation
SECTION 2. Chapter 34 of the Grand Island City Code is hereby amended to
read as follows:
CHAPTER 34
TELECOMMUNICATIONS and PUBLIC TRANSPORTATION
Article I. Telecommunications
934-1. Purpose
The purpose of this Chapter is to:
(A) Establish a local policy concerning telecommunications providers and services;
(B) Establish clear and nondiscriminatory local guidelines, standards and time frames for the exercise of
local authority with respect to the regulation of telecommunications providers and services;
(C) Promote competition in telecommunications;
(D) Minimize unnecessary local regulation of telecommunications providers and services;
(E) Encourage the provision of advanced and competitive telecommunications services on the widest
possible basis to the businesses, institutions and residents of the City;
(F) Permit and manage reasonable access to the public ways of the City for telecommunications purposes
on a competitively neutral basis;
(G) Conserve the limited physical capacity of the public ways held by the City;
(H) Assure that the City's current and ongoing costs of granting and regulating private access to and use of
the public ways are fully paid by the persons seeking such access and causing such costs;
(I) Secure fair and reasonable compensation to the City and the residents of the City, in a nondiscriminatory
manner, for permitting private use of the public ways;
(1) Assure that all telecommunications carriers providing facilities or services within the City comply with
the ordinances, rules and regulations of the City;
(K) Assure that the City can continue to fairly and responsibly protect the public health, safety and welfare;
(L) Enable the City to discharge its public trust consistent with rapidly evolving federal and state regulatory
policies, industry competition and technological development.
934-2. Definitions
Terms used in this Chapter shall have the following meanings:
Approved as to Form T Ct/'C
November 24, 1998 ... City Attorney
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ORDINANCE NO. 8411 (Cont.)
I
Affiliate shall mean a person that (directly or indirectly) owns or controls, is owned or controlled by, or is
under common ownership or control with another person.
City shall mean the City of Grand Island.
City Provertv shall mean all real property owned or controlled by the City whether in fee ownership or
other interest.
Code shall mean the Grand Island City Code (1988 Ed.), as amended.
Excess Cavacity shall mean the volume or capacity in any existing, or future duct, conduit, manhole,
handhole or other utility facility within the public ways that is or will be available for use for additional
telecommunications facilities.
FCC or Federal Communications Commission shall mean the Federal administrative agency, or lawful
successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national
level.
Grantee shall mean both licensees and franchisees granted certain rights and obligations as more fully
described herein.
Nebraska Public Service Commission or NPSC shall mean the State administrative agency, or lawful
successor, authorized to regulate and oversee telecommunications carriers, services and providers in the State of
Nebraska to the extent prescribed by law.
Overhead Facilities shall mean utility facilities and telecommunications facilities located above the surface
of the ground, including the underground supports and foundations for such facilities.
Person shall mean corporations, companies, associations, joint stock companies, fIrms, partnerships,
limited liability companies, other entities and individuals.
Public Wavs includes the surface of an space above and below any real property in the City which the City
owns or in which it holds an interest as a trustee for the public including, but not limited to, all public streets,
highways, roads, alleys, easements, tunnels, viaducts, bridges, skyways, or any other public place, area or
property under the ownership or control of the City, and any rights-of-way established, dedicated or devoted for
public utility purposes.
Rights-or-Way shall mean all real property and public ways, which the City owns or in which the City has
an ownership interest.
State shall mean the State of Nebraska.
Sumlus Space shall mean that portion of the usable space on a utility pole which has the necessary
clearance from other pole users, as required by the orders and regulations of the Nebraska Public Service
Commission to allow its use by a telecommunications carrier for a pole attachment.
Telecommunications Carrier includes every person that directly or indirectly owns, controls, operates or
manages telecommunications facilities used or to be used to transmit, receive, distribute, provide or offer
telecommunications service.
Telecommunications Facilities shall mean the plant, equipment and property within the City used to
transmit, receive, distribute, provide or offer telecommunications service.
Telecommunications Provider includes every person who provides telecommunications service over
telecommunications facilities.
Telecommunications Service shall mean the providing or offering for rent, sale or lease, or in exchange for
other value received, of the transmittal of voice, data, image, graphic and video programming information
between or among points by wire, cable, fIber optics, laser, microwave, radio, satellite or similar facilities, with.
or without benefIt of any closed transmission medium, unless excluded or exempted by local, state or federal
law.
Underf!round Facilities shall mean utility and telecommunications facilities located under the surface of the
ground, excluding the underground foundations or supports for overhead facilities.
Usable Space shall mean the total distance between the top of a utility pole and the lowest possible
attachment point that provides the minimum allowable vertical clearance as specifIed in the orders and
regulations of the Nebraska Public Service Commission.
Utility Facilities shall mean the plant equipment and property including, but not limited to, the poles, pipes,
mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground
within public ways and used or to be used for the purpose of providing utility or telecommunications services.
I
Approved as to Form T we:
November 24, 1998 .& City Attorney
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ORDINANCE NO. 8411 (Cont.)
934-3. Penalties
Any person found violating, disobeying, omitting, neglecting or refusing to comply with any of the
provisions of this chapter shall be guilty of an infraction. Upon conviction any person violating any provision of this
chapter shall be subject to a fme as provided by 91-7 of this Code. A separate and distinct violation shall be deemed
committed each day on which a violation occurs or continues.
934-4. Other Remedies and Regulations
Nothing in this chapter shall be construed as limiting any other remedies at law or in equity that the City
may have for enforcement of this chapter. The City Administrator is authorized to establish regulations and
procedures for the implementation of this chapter.
934-5. Registration, Fees and Duration
(A) To the extent permitted by law, all telecommunications carriers or providers engaged in the business of
transmitting, supplying or furnishing of telecommunications service originating, terminating or existing, within the
City shall register with the City pursuant to this Chapter and pay all fees provided herein unless otherwise required
to apply for and obtain a license or franchise pursuant to this Chapter.
(B) A registration shall remain in effect for a period of five (5) years from the date on which the City
Administrator certifies that the information required pursuant to 934-6 has been submitted to the Administrator. A
registration may be renewed by either submitting information in duplicate to the City Administrator as set forth in
~34-6 or submitting affidavits in duplicate attesting that the information submitted for the initial registration remains
unchanged except to the extent modified by attachments to said affidavits. Upon filing a registration renewal the
registrant shall pay all fees as provided herein.
934-6. Registration Required
All telecommunications carriers or providers required to register pursuant to 934-5, shall register with the
City by submitting information in duplicate to the City Administrator which shall include the following:
(A) The identity and legal status of the registrant including any affiliates.
(B) The name, address and telephone number of the officer, agent or employee responsible for the accuracy
of the registration statement.
(C) A general description of registrant's existing or proposed telecommunications facilities within the City.
(D) A description of the telecommunications service that the registrant intends to offer or provide, or is
currently offering or providing, to persons, firms, businesses or institutions within the City.
(E) Information sufficient for the City to determine whether the registrant is subject to licensing or
franchising.
(F) Information sufficient for the City to determine whether the transmission, origination or receipt of the
telecommunications services provided or to be provided by the registrant constitutes an occupation or privilege
subject to any municipal tax or fee.
(0) Copies of the registrant's certificate of convenience and necessity issued by the Nebraska Public
Service Commission.
(H) A copy of relevant portions of the registrant's certificate of convenience and necessity application may
be filed in lieu of items (C), (D) and (E) above.
(I) Such other information as the City may require for purposes of this Chapter.
934-7. Registration Purpose, Exception
(A) The purpose of registration is to:
(1) Provide the City with accurate and current information concerning the telecommunications
carriers and providers who offer or provide telecommunications services within the City, or that own
or operate telecommunication facilities within the City;
(2) Assist the City in enforcement of this Chapter;
(3) Assist the City in the collection and enforcement of any municipal taxes, franchise fees, license
fees or charges that are lawfully permissible and may be due the City; and
(4) Assist the City in monitoring compliance with local, state and federal laws.
(B) A person which provides telecommunications services solely to itself, its affiliates or members
between points in the same building, or between closely located buildings under common ownership or control is
- 3 -
Approved as to Fonn T qr:-
November 24, 1998 ... City Attorney
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ORDINANCE NO. 8411 (Cont.)
excepted from the registration requirement pursuant to this Chapter, provided that such company or person does not
use or occupy any public ways of the City
934-8. License and Fees
To the extent permitted by law and except as otherwise provided herein, any telecommunications carrier
who desires to construct, install, operate, maintain or otherwise locate telecommunications facilities in public ways
for the purpose of providing telecommunications service to persons and areas outside the City shall fIrst obtain a
license granting the use of such public ways from the City pursuant to this Chapter and pay all the fees as provided
herein. A license shall not be required by any person that obtains a franchise pursuant to 934-19.
934-9. License Application
All telecommunications carriers required to obtain a license pursuant to 934-8 shall apply for a license from
the City by submitting information in duplicate to the City Administrator which shall include the following:
(A) The identity and legal status ofthe applicant including any affIliates.
(B) The name, address and telephone number of the offIcer, agent or employee responsible for the accuracy
of the license application.
(C) A general description of applicant's existing or proposed telecommunications facilities within the City
and the geographic area to be covered by the license.
(D) A confIrmation that the telecommunications service that the applicant intends to offer or provide, or is
currently offering or providing, is to persons, fIrms, businesses or institutions outside the City.
(E) Information suffIcient for the City to determine whether applicant is subject to licensing or franchising.
(F) Information suffIcient for the City to determine whether the transmission, origination or receipt of the
telecommunications services provided or to be provided by the applicant constitutes an occupation or privilege
subject to any municipal tax or fee.
(G) Copies of the applicant's certifIcate of convenience and necessity issued by the Nebraska Public
Service Commission.
(H) A copy of relevant portions of the applicant's certifIcate of convenience and necessity application may
be fIled in lieu of items (C), (D) and (E) above.
(I) Such other information as the City may require for purposes of this Chapter.
934-10. License; Determination by the City
After receiving a complete application hereunder, the City Administrator shall make a recommendation to
the Mayor and City Council to grant or deny the license application in whole or in part. If the application is
recommended for denial, the recommendation shall include the reasons for denial. The Mayor and City Council
shall grant or deny the license application in whole or in part after receiving a recommendation of the City
Administrator The decision of the Mayor and City Council on the application shall be made within sixty (60) days of
the fIling of a complete application; provided, time may be extended upon request of the applicant or to permit the
City to obtain additional information relevant to the application. The following standards shall apply when
determining to grant or deny the license application:
(A) The fInancial and technical ability of the applicant.
(B) The legal status of the applicant.
(C) The capacity of the public ways to accommodate the applicant's facilities.
(D) The capacity of the public ways to accommodate additional utility and telecommunications facilities if
the application is granted.
(E) The damage or disruption, if any, of existing or future public or private facilities, improvements,
service, travel or landscaping if the application is granted, giving consideration to an applicant's willingness and
ability to mitigate and/or repair same.
(F) The public interest in minimizing the cost and disruption of construction within the public ways.
(G) The type of service that applicant will provide.
(H) The availability of alternate routes or locations for the proposed facilities.
(I) Applicable federal, state and local laws, regulations, rules and policies.
- 4-
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Approved as to Form T C-(!C
November 24,1998 ... City Attorney
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ORDINANCE NO. 8411 (Cont.)
~34-11. License; Agreement
No license granted hereunder shall be effective until the Mayor and City Council have approved a written
agreement with the applicant setting forth the particular items and provisions under which the license to occupy and
use public ways will be granted. A license granted hereunder shall be limited to a grant of rights to use specific
public ways and defined portions thereof, as may be indicated in the license agreement.
~34-12. License, Nonexclusive Grant
No license granted hereunder shall confer any exclusive right, privilege or license to occupy or use the
public ways or property or to provide telecommunications services or any other purposes.
~34-13. License, Rights Granted and Term
(A) No license granted hereunder shall convey any right, title or interest in public ways but shall be deemed
a license only to use and occupy the public ways for the limited purposes and term stated in the grant.
(B) No license granted hereunder shall authorize or excuse a licensee from securing such further easements,
leases, permits or other approvals as may be required to lawfully occupy and use public ways.
(C) No license granted hereunder shall be construed as any warranty of title.
(D) Unless otherwise specified in a license agreement, a license granted hereunder shall be in effect for a
term of not more than five (5) years from the date of execution of the license agreement by the Mayor following
approval by the Mayor and City Council.
~34-14. License; Construction Permits
All licensees shall obtain construction permits and pay all fees required by law.
~34-15. License; Compensation to City
In the absence of state or federal law to the contrary, each license granted hereunder is subject to the City's
right which is expressly reserved, to annually fix a fair, reasonable and non discriminatory compensation to be paid
for use of public ways or property and such municipal, occupation, or license taxes as are authorized by state and
federal law.
~34-16. License; Amendment of Grant
(A) A license application supplement and grant shall be required of any telecommunications carrier that
desires to extend or locate its telecommunications facilities in public ways which are not included in a license and
license agreement previously granted hereunder. The license application supplement shall consist of such
information as would have been required but was not included in the initial license application pursuant to ~34-9.
(B) If ordered by the City to locate or relocate its telecommunications facilities in public ways not included
in a previously granted license, the City shall grant a license amendment without further application.
~34-17. License; Renewal Applications; Renewal Determinations
(A) Unless applicable state or federal law establishes a different time period for renewal, a licensee that
desires to renew its license hereunder shall not more than 180 days nor less than 60 days before expiration of the
current license, file an application in duplicate with the city for renewal of its license which shall include updated
information required for a license application. A license may be renewed by either submitting information in
duplicate to the City Administrator as set forth in ~34-9 or submitting affidavits in duplicate attesting that the
information submitted for the initial license application remains unchanged except to the extent modified by prior
amendments or attachments to said affidavits. Upon filing a license renewal, the applicant shall pay all fees as
provided herein.
(B) Within 90 days after receiving a complete application hereunder, the Mayor and City Council shall
make a determination on behalf of the City granting or denying the renewal application in whole or in part. If the
application is denied, the determination shall include the reasons for denying approval of the application. The
standards enumerated in ~34-1 0 shall apply when determining to grant or deny the application, plus a determination
of the applicant's compliance with the requirements of this Chapter and the license agreement.
~34-18. License; Obligation to Cure as a Condition of Renewal
No license shall be renewed until any ongoing violations or defaults in the licensee's performance of the
- 5 -
Approved as to Form T ~
November 24, 1998 ... CIty ttomey
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ORDINANCE NO. 8411 (Cont.)
license agreement or of the requirements of this Chapter and all applicable laws, statutes, codes, ordinances, rules
and regulations have been cured or a plan detailing the corrective action to be taken by the licensee has been
approved by the City Administrator.
934-19. Franchise and Fees
To the extent permitted by law and except as otherwise provided herein, any telecommunications carrier or
provider who desires to provide telecommunications service, including but not limited to local exchange service, to
persons or areas within the City, shall first obtain a franchise granting the use of public ways in the City to construct,
install, operate, maintain or otherwise locate telecommunications facilities in public ways and to provide
telecommunications service pursuant to this Chapter and to pay all fees as provided herein.
934-20. Franchise Application
All telecommunications carriers or providers required to obtain a franchise pursuant to 934-19 shall apply
for a franchise from the City hereunder by submitting information in duplicate to the City Administrator which shall
include the following:
(A) The identity and legal status ofthe applicant including any affiliates.
(B) The name, address and telephone number of the officer, agent or employee responsible for the accuracy
of the franchise application.
(C) A general description of applicant's existing or proposed telecommunications facilities within the City
and the geographic area to be covered by the franchise.
(D) A description of the telecommunications service that the applicant intends to offer or provide, or is
currently offering or providing, to persons, firms, businesses or institutions within the City.
(E) Information sufficient for the City to determine whether applicant is subject to licensing or franchising.
(F) Information sufficient for the City to determine whether the transmission, origination or receipt of the
telecommunications services provided or to be provided by the applicant constitutes an occupation or privilege
subject to any municipal tax or fee.
(G) Copies of the applicant's certificate of convenience and necessity issued by the Nebraska Public
Service Commission.
(H) A copy of relevant portions of the applicant's certificate of convenience and necessity application may
be filed in lieu of items (C), (D) and (E) above.
(I) Such other information as the City may require for purposes of this Chapter.
934-21. Franchise; Determination by the City
After receiving a complete application hereunder, the City Administrator shall make a recommendation to
the Mayor and City Council to grant or deny the franchise application in whole or in part. If the application is
recommended for denial, the recommendation shall include the reasons for denial. The Mayor and City Council
shall grant or deny the franchise application in whole or in part after receiving a recommendation of the City
Administrator. The decision of the Mayor and City Council on the application shall be made within sixty (60) days
of the filing of a complete application; provided, time may be extended upon request of the applicant or to permit the
City to obtain additional information relevant to the application. The following standards shall apply when
determining to grant or deny the franchise application:
(A) The financial and technical ability of the applicant.
(B) The legal status ofthe applicant.
(C) The capacity of the public ways to accommodate the applicant's facilities.
(D) The capacity of the public ways to accommodate additional utility and telecommunications facilities if
the application is granted. .
(E) The damage or disruption, if any, of existing or future public or private facilities, improvements,
service, travel or landscaping if the application is granted, giving consideration to an applicant's willingness and
ability to mitigate and/or repair same.
(F) The public interest in minimizing the cost and disruption of construction within the public ways.
(G) The type of service that applicant will provide.
(H) The availability of alternate routes or locations for the proposed facilities.
(I) Applicable federal, state and local laws, regulations, rules and policies.
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November 24, 1998 .... City Attorney
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934-22. Franchise; Agreement
No franchise granted hereunder shall be effective until the Mayor and City Council have approved a written
agreement with the applicant setting forth the particular items and provisions under which the franchise to occupy
and use public ways will be granted. A franchise granted hereunder shall be limited to a grant of rights to use
specific public ways and defined portions thereof, as may be indicated in the franchise agreement.
934-23. Franchise; Nonexclusive Grant
No franchise granted hereunder shall confer any exclusive right, privilege or franchise to occupy or use the
public ways or property or to provide telecommunications services or any other purposes.
934-24. Franchise; Rights Granted and Term
(A) No franchise granted hereunder shall convey any right, title or interest in public ways but shall be
deemed a franchise only to use and occupy the public ways for the limited purposes and term stated in the grant.
(B) No franchise granted hereunder shall authorize or excuse a franchisee from securing such further
easements, leases, permits or other approvals as may be required to lawfully occupy and use public ways.
(C) No franchise granted hereunder shall be construed as any warranty oftitle.
(D) Unless otherwise specified in a franchise agreement, a franchise granted hereunder shall be in effect for
a term of not more than five (5) years from the date of execution of the franchise agreement by the Mayor following
approval by the Mayor and City Council.
934-25. Franchise; Construction Permits
All franchisees shall obtain permits and pay all fees required by law prior to commencement of
construction.
934-26. Franchise; Compensation to City
In the absence of state, federal or other law to the contrary, each franchise granted hereunder is subject to
the City's right, which is expressly reserved, to annually fix a fair, reasonable and non discriminatory compensation
to be paid for use of public ways or property and such municipal, occupation, or franchise taxes are authorized by
state and federal law.
934-27. Reserved
934-28. Franchise; Service to the City
A franchisee shall make its telecommunications services available to the City at its most favorable rate for
similarly situated users in the State of Nebraska.
934-29. Franchise; Amendment of Grant
(A) A franchise application supplement and grant shall be required of any telecommunications carrier that
desires to extend or locate its telecommunications facilities in public ways which are not included in a franchise and
franchise agreement previously granted hereunder. The franchise application supplement shall consist of such
information as would have been required but was not included in the initial franchise application pursuant to ~34-20.
(B) If ordered by the City to locate or relocate its telecommunications facilities in public ways not included
in a previously granted franchise, the City shall grant a franchise amendment without further application.
(C) A franchise application supplement shall be required of any telecommunications provider that desires
to add to or modify the telecommunications services provided pursuant to a franchise previously granted. The
franchise application supplement shall consist of such information as would have been required but was not included
in the initial franchise application pursuant to ~34-20.
934-30. Franchise; Renewal Applications; Renewal Determinations
(A) Unless applicable state or federal law establishes a different time period for renewal, a franchisee that
desires to renew its franchise hereunder shall not more than 180 days nor less than 60 days before expiration of the
current franchise, file an application in duplicate with the City for renewal of its franchise which shall include
updated information required for a franchise application. A franchise may be renewed by either submitting
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information in duplicate to the City Administrator as set forth in ~34-20 or submitting affidavits in duplicate
attesting that the information submitted for the initial franchise application remains unchanged except to the extent
modified by prior amendments or attachments to said affidavits. Upon filing a franchise renewal, the applicant shall
pay all fees as provided herein.
(B) Within 90 days after receiving a complete application hereunder, the Mayor and City Council shall
make a determination on behalf of the City granting or denying the renewal application in whole or in part. If the
application is denied, the determination shall include the reasons for denying approval of the application. The
standards enumerated in ~34-21 shall apply when determining to grant or deny the application, plus a determination
of the applicant's compliance with the requirements of this Chapter and the license agreement.
~34-31. Franchise, Obligation to Cure as a Condition of Renewal
No franchise shall be renewed until any ongoing violations or defaults in the franchisee's performance of
the franchise agreement or of the requirements of this Chapter and all applicable laws, statutes, codes, ordinances,
rules and regulations have been cured or a plan detailing the corrective action to be taken by the licensee has been
approved by the city Administrator of his /her designee.
~34-32. Conditions of Grant of License or Franchise, General Duties
(A) All grantees shall comply with all requirements of the Grand Island City Code.
(B) All grantees shall provide written confirmation sufficient for customary land survey and land title
insurance purposes concerning the location of its facilities in public ways and disclaiming any interest in public
ways where it has no license or franchise to construct or operate its facilities.
(C) Any act that a grantee is or may be required to perform under this ordinance, its license, franchise or
applicable agreement or law shall be performed at the grantee's expense.
934-33. Conditions of Grant of License or Franchise; Interference with the Public Ways
No grantee may locate or maintain its telecommunications facilities so as to unreasonably interfere with the
use of the public ways by the City. All such facilities shall be moved by and at the expense of the grantee,
temporarily or permanently, as determined by the City.
934-34. Conditions of Grant of License or Franchise; Damage to Property
Any grantee or any person acting on a grantee's behalf that impairs or damages any public way, or other
property located in, on or adjacent thereto, shall restore said public way or other property in conformance with ~34-
41 of this Chapter.
934-35. Conditions of Grant of License or Franchise; Notice of Work
Unless otherwise provided in a license or franchise agreement, no grantee, or any person acting on the
grantee's behalf, shall commence any nonemergency work in or about the public ways without providing three (3)
working days advance written notice to the City. Any private property owner whose property will be affected by a
grantee's work shall be afforded the same notice.
934-36. Conditions of Grant of License or Franchise; Repair and Emergency Work
In the event of an unexpected repair or emergency, a grantee may commence such repair and emergency
response work as required under the circumstances, provided the grantee shall notify the Directors of Public Works
and Director of Utility Operations as promptly as possible, before such repair or emergency work or as soon
thereafter as possible if advance notice is not practicable.
934-37. Conditions of Grant of License or Franchise; Maintenance of Facilities
Each grantee shall maintain its facilities in good and safe condition and in a manner that complies with all
applicable federal, state and local requirements.
934-38. Conditions of Grant of License or Franchise; Relocation or Removal of Facilities
(A) Within thirty (30) days following written notice from the City, a grantee shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities
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within the public ways whenever the City Administrator shall have determined that such removal, relocation, change
or alteration is reasonably necessary for:
(l) The construction, repair, maintenance or installation by the City or other governmental entity
of any public improvement in or upon the public ways.
(2) The operations of the City or other governmental entity in or upon the public ways.
(3) The vacation of a public street or the release of a utility easement.
(B) Provided the City has complied with the One Call Notification System Act the City shall not be liable
for any damage to or loss of any telecommunications facility within the public ways as a result of or in connection
with any public works, public improvements, construction, excavation, grading, filling or work of any kind in the
public ways by or on behalf of the City unless directly or proximately caused by the willful, intentional or malicious
acts of the City.
s34-39. Conditions of Grant of License or Franchise, Removal of Unauthorized Facilities
Within thirty (30) days following written notice from the City, any grantee, telecommunications carrier, or
other person that owns, controls or maintains any unauthorized telecommunications system, facility or related
appurtenances within the public ways shall at its own expense, remove such facilities or appurtenances from the
public ways. If such grantee fails to remove such facilities or appurtenances, the City may cause the removal and
charge the grantee for the costs incurred. A telecommunications system or facility is unauthorized and subject to
removal in the following circumstances:
(A) Upon expiration or termination of the grantee's license or franchise.
(B) Upon abandonment of a facility within the public ways.
(C) If the system or facility was constructed or installed without the prior grant of a license or franchise.
(D) If the system or facility was constructed or installed without the prior issuance of a required
construction permit.
(E) If the system or facility was constructed or installed at a location not permitted by the grantee's license
or franchise.
(F) Any such other circumstances deemed reasonably necessary by the City Administrator in order to
protect public health, safety and welfare.
s34-40. Conditions of Grant of License or Franchise; Emergency Removal or Relocation of Facilities
The City retains the right and privilege to cut or move any telecommunications facilities located within the
pubic ways as the City may determine to be necessary, appropriate or useful in response to any public health or
safety emergency. The City shall use its best efforts to notify the grantee through its Emergency Management
Department prior to cutting or moving the grantee's telecommunication facilities.
s34-41. Conditions of Grant of License or Franchise; Restoration of Rights-of-Way
The Grantee shall comply with the following:
(A) When a grantee, or any person acting on its behalf, does any work in or affecting any public ways, it
shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property
including trees, landscaping and grounds to the same condition which existed before the work was undertaken.
(B) If weather or other conditions do not permit the complete restoration required hereunder, the grantee
shall temporarily restore the affected ways or property. Such temporary restoration shall be at the grantee's sole
expense and the grantee shall promptly undertake and complete the required permanent restoration when the
weather conditions no longer prevent such permanent restoration.
(C) A grantee or other person acting on its behalf shall use suitable barricades, flags, flagmen, lights, flares
and other measures as required for the safety of all members of the general public and to prevent injury or
damage to any person, vehicle or property by reason of such work in or affecting such public ways.
s34-42. Conditions of Grant of License or Franchise; Facilities Maps
Each grantee shall provide the City with an accurate as-built map or maps certifying the location of all of
the grantee's telecommunications facilities within the public ways. Each grantee shall provide updated as-built maps
annually unless no material changes have occurred. Commencing on January 1,2002 the "As-Built" Facilities Map
must be delivered in digital form with GPS coordinates locating all facilities to at least sub-decimeter accuracy. The
digital format will be compatible with the City's Geographic Information System (GIS) system so that it can be
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November 24, 1998 .&. City Attorney
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displayed as a layer or theme in the City's GIS system. Commencing on January 1, 2002, the digital "As Built"
Facilities Map will be updated and delivered to the City monthly, except that delivery will not be required if no
change to the Facility has been made in the preceding month.
s34-43. Conditions of Grant of License or Franchise; Duty to Provide Information
Within ten (10) days of a written request from the City Administrator each grantee shall furnish the City
Administrator with information sufficient to demonstrate:
(A) That grantee has complied with all requirements of this Chapter.
(B) That all taxes and fees due the City in connection with the telecommunications services and facilities
provided by the grantee has been properly collected and paid by the grantee.
(C) That all books, records, maps and other documents maintained by the grantee with respect to its
facilities within the public ways shall be made available for inspection by the City Administrator at reasonable
times and intervals and shall remain proprietary and confidential to the extent provided by law if so requested in
writing by grantee.
334-44. Conditions of Grant of License or Franchise; Leased Capacity
Subject to the provisions of s34-48 and s34-65, a grantee shall have the right to enter into interconnection
and resale agreements with a telecommunications carrier or provider in order to provide telecommunications service,
including but not limited to local exchange service, to persons or areas within the city, provided that:
(A) Grantee shall furnish the City with a notice of any such interconnection or resale agreements which
shall contain the following information:
(1) The identity and legal status of the transferee.
(2) The name, address, and telephone number of an officer or agent ofthe transferee.
(3) Sufficient general information concerning the proposed lease or agreement and the transferee for
the City to make a determination concerning whether said transferee is subject to filing a registration or
an application for franchise pursuant to this chapter.
(B) The proposed transferee, lessee or person shall comply with all of the requirements of this Chapter.
(C) Notice as provided herein shall be submitted to the City Administrator within ten (10) business days of
execution of such agreement by the grantee.
S34-45. Conditions of Grant of License or Franchise; Grantee Insurance
Unless otherwise provided in a license agreement or franchise agreement, each grantee occupying or using
public ways or property shall, as a condition of the grant, secure and maintain the following liability insurance
policies insuring both the grantee and the City, and its elected and appointed officers, officials, agents,
representatives and employees as additional named insured with:
(A) Comprehensive general liability insurance with limits not less than:
(1) Five Million Dollars ($5,000,000.00) for bodily injury or death to each person;
(2) Five Million Dollars ($5,000,000.00) for property damage resulting from anyone accident;
and,
(3) Five Million Dollars ($5,000,000.00) for all other types of liability.
(B) Automobile liability for owned, non-owned and hired vehicles with a limit of Three Million Dollars
($3,000,000.00) for each person and Three Million Dollars ($3,000,000.00) for each accident.
(C) Worker's compensation within statutory limits and employer's liability insurance with limits of not less
than One Million Dollars ($1,000,000.00).
(D) Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and
products completed hazard with limits of not less than three Million Dollars ($3,000,000.00)
(E) The liability insurance policies required by this section shall be maintained at all times by the grantee.
Each such insurance policy shall contain the following endorsement:
"It is hereby understood and agreed that this policy may not be canceled nor the intention not
to renew be stated until 90 days after receipt by the City, by registered mail, of a written
notice addressed to the City Clerk of such intent to cancel or not to renew."
(F) Within sixty (60) days after receipt by the City of said notice, and in no event later that thirty (30) days
prior to said cancellation, the grantee shall obtain and furnish to the City replacement insurance policies
meeting the requirements of this Chapter.
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s34-46. Conditions of Grant of License or Franchise; General Indemnification
In addition to and distinct from the insurance requirements of this Chapter, each grantee shall agree as part
of its license agreement or franchise agreement to defend, indemnify and hold the City and its officers, officials,
employees, agents and representatives harmless from and against any and all damages, losses and expenses,
including reasonable attorneys' fees and costs of suit or defense arising out of, resulting from or alleged to arise out
of or result from the acts, omissions, failure to act or misconduct of the Grantee or its affiliates, officers, employees,
agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its
telecommunications facilities, and in providing or offering telecommunications services over the facilities or
network, whether such acts or omissions are authorized, allowed or prohibited by this Chapter or by a license
agreement or franchise agreement made or entered into pursuant to this Chapter.
s34-47. Conditions of Grant of License or Franchise; Coordination of Construction Activities
All grantees are required to cooperate with the City and with each other as follows:
(A) By March I of each year, grantees shall provide the Director of Public Works and Director of Utility
Operations with a schedule of their proposed construction activities which may affect the public ways for that
year.
(B) Each grantee shall meet with the City or grantees and users of the public ways annually or as
determined by the City to schedule and coordinate construction.
(C) All construction locations, activities and schedules shall be coordinated to minimize public
inconvenience, disruption and/or damages.
s34-48. Conditions of Grant of License or Franchise, Change of Ownership Or Control Of Grantee
The grantee shall file with the City Administrator a copy of any order issued by the Nebraska Public
Service Commission or notification filed with the commission in connection with any change of ownership or
control of the grantee. Following the filing of such order or notification, the City shall have thirty (30) days to notify
the grantee or its successor whether a new license or franchise is required as a result of the change of ownership or
control.
s34-49. Reserved
s34-50. Conditions of Grant of License or Franchise; Revocation or Termination of Grant
A license or franchise granted by the City to use or occupy public ways may be revoked for anyone or
more of the following reasons:
(A) Construction or operation at an unauthorized location.
(B) Unauthorized transfer of control of the grantee.
(C) Unauthorized assignment of a license or franchise.
(D) Unauthorized sale, assignment or transfer of the grantee's franchise or license assets or an interest
therein.
(E) Misrepresentation by or on behalf of a grantee in any application to the City.
(F) Abandonment oftelecommunications facilities in the public ways.
(G) Failure to relocate or remove facilities as required in this Chapter.
(R) Failure to pay lawfully permitted taxes, compensation, fees or costs when and as due the City.
(I) Insolvency or bankruptcy of the grantee.
(J) Violation ofa material provision of this Chapter or Code.
(K) Violation of a material term of a license, franchise or associated agreement.
S34-51. Conditions of Grant of License or Franchise; Notice and Duty to Cure
In the event that the City Administrator believes that grounds exist for revocation of a license or franchise,
the grantee shall be given written notice of the apparent violation or noncompliance, be provided a concise statement
of the nature and general facts of the violation or noncompliance, and be given a reasonable period of time not
exceeding thirty (30) days to furnish evidence:
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(A) That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation
of noncompliance.
(B) That rebuts the alleged violation or noncompliance.
934-52. Conditions of Grant of License or Franchise; Hearing
In the event that a grantee fails to provide evidence pursuant to 934-51 reasonably satisfactory to the City
Administrator, the City Administrator shall refer the apparent violation or noncompliance to the Mayor and City
Council. The Mayor and City Council shall upon request by the grantee, provide the grantee with notice and
reasonable opportunity to be heard concerning this matter.
934-53. Conditions of Grant of License or Franchise; Standards for Revocation or Lesser Sanctions
Based on a preponderance of the evidence that the grantee has violated or failed to comply with a material
provision of this Chapter or its license or franchise or associated agreement, the City Council shall determine
whether to revoke the license or franchise, and issue a written decision relating thereto, or to establish some lesser
sanction and cure, considering the nature, circumstances, extent and gravity of the violation as reflected by one or
more of the following factors:
(A) Whether the misconduct was egregious.
(B) Whether substantial harm resulted.
(C) Whether the violation was intentional.
(D) Whether there is a history of prior violations of the same or other requirements.
(E) Whether there is a history of overall compliance.
(F) Whether the violation was voluntarily disclosed, admitted or cured.
934-54. Construction; Codes
Telecommunications facilities shall be constructed, installed, operated and maintained in accordance with
all applicable federal, state and local codes, rules and regulations including, but not limited to, the National Building
Code, National Electrical Code, Uniform Plumbing Code and A.N.S.!. standards.
934-55. Construction; Applications
Applications for permits to construct telecommunications facilities shall be submitted upon forms provided
by the Public Works Department. The applicant shall pay all permit and plan review fees and shall include any
additional information as requested by the Public Works Department. The application shall be accompanied by
drawings, plans and specifications in sufficient detail to demonstrate:
(A) That the facilities will be constructed in accordance with all applicable codes, rules and regulations.
(B) The location and route of all facilities to be installed on existing utility poles.
(C) The location and route of all facilities to be located under the surface of the ground including the line
and grade proposed for the burial at all points along the route which are within the public way.
(D) The location of all existing underground utilities, conduits, ducts, pipes, mains and installations, if
known, which are within the public way along the underground route proposed by the applicant.
(E) The location of all other facilities to be constructed within the city, but not within the public ways.
(F) the construction methods to be employed for protection of existing structures, fixtures and facilities
within or adjacent to the public ways.
(G) A landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas to be
disturbed during construction.
934-56. Construction; Engineer's Certification
All permit applications shall be accompanied by the certification of a representative of the applicant that
the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules
and regulations.
934-57. Construction; Traffic Control Plan
All permit applications which involve work on, in, under, across or along any public way used for vehicular
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November 24, 1998 A City Attorney
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or pedestrian traffic shall be accompanied by a traffic control. plan demonstrating the protective measures and
devices that will be employed.
S34-58. Construction; Issuance of Permit
Within thirty (30) days or longer period of time which is reasonable under the circumstances after
submission of all plans and documents required of the applicant and payment of the permit and plan review fees
lawfully required by the City, the Public Works Department, if satisfied that the application, plans and documents
comply with all requirements of this Chapter, shall issue a permit authorizing construction of the facilities, subject to
such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as
the Director of Public Works and Director of Utility Operations may deem necessary or appropriate.
934-59. Construction; Construction Schedule
Subject to the provisions in this Chapter regarding emergency work, the permittee shall submit a written
construction scheduled to the Director of Public Works and Director of Utility Operations ten (10) working days
before commencing any work in or about the public ways. The permittee shall further provide written notification to
the Director of Public Works and Director of Utility Operations not less than five (5) working days in advance of
any excavation or work in the public ways. Before any work is commenced, requisite approvals and permits from
the City and city staff must first be obtained.
S34-60. Construction; Compliance with Permit
All construction practices and activities shall be in accordance with the permit and approved fmal plans and
specifications for the facilities. The Director of Public Works and Director of Utility Operations or their respective
representatives and designees shall be provided access to the work and such further information as they may require
to ensure compliance with such requirements.
S34-61. Construction; Display of Permit
The permittee shall maintain a copy of the construction permit and approved plans at the construction site,
which shall be displayed and made available for inspection by the Director of Public Works and Director of Utility
Operations or their respective designees at all times when construction work is occurring.
S34-62. Construction; Noncomplying Work
Upon order of the Director of Public Works and Director of Utility Operations all work which does not
comply with the permit, the approved plans or specifications for the work, or the requirements of this Chapter shall
be removed. The permittee, at its expense in cooperation with other existing facility owners, shall relocate any
facilities which are not located in compliance with permit requirements and then provide as-built maps to the City to
show conformance.
S34-63. Construction; As-Built Drawings
Within thirty (30) days after completion of construction, the permittee shall furnish the Public Works
Department with two (2) complete sets of plans, drawn to scale and certified to the City as accurately depicting the
location of all telecommunications facilities constructed pursuant to the permit. Commencing on or before January
1, 2002, "As-Built" drawings must be delivered in digital format acceptable to the City. Digital versions of all
previous "As-Built" drawings will also be delivered to the City, if available, on or before January 1, 2002. The
drawing files will be tied to the Facilities Map so that "As-Builts" for the portion of the system being viewed on the
Facilities Map can be easily selected and displayed.
934-64. Construction; Location of Facilities
Unless otherwise required in current or future City ordinances regarding underground construction
requirements, all facilities shall be constructed, installed and located in accordance with the following terms and
conditions unless hardship or a valid reason to locate elsewhere can be demonstrated to the City Administrator:
(A) A grantee with written authorization to install overhead facilities shall install its telecommunications
facilities on pole attachments to existing utility poles, and then only if surplus space is available. If either of the
foregoing do not exist, grantee, with prior written approved of the Director of Utility Operations may construct
additional poles.
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(B) Whenever all existing telephone, electric utilities, cable facilities or telecommunications facilities are
located underground within public ways, a franchisee with written authorization to occupy the same public
ways must also locate its telecommunications facilities underground.
(C) Whenever all new or existing telephone, electric utilities, cable facilities or telecommunications
facilities are located or relocated underground within public ways, a franchisee that currently occupies the same
public ways shall concurrently relocate its facilities underground at its expense.
S34-65. Construction; Conduit Occupancy
In furtherance of the public purpose of reduction of public way excavation, it is the goal of the City to
encourage both the shared occupancy of underground conduit as well as the construction, whenever possible, of
excess conduit capacity for occupancy of future public way occupants.
S34-66. Fees; Registration, Application and Public Way Occupancy
The following fees, which shall be listed on the City's User Fee Schedule, shall be paid in connection with
the administration of this Chapter:
(A) Registration Fee to be paid at the time of filing registration information.
(B) License Application Fee to be paid at the time of filing a license application.
(C) Franchise Application Fee to be paid at the time of filing a franchise application.
(D) License or Franchise Amendment Fees to be paid at the time of filing a supplementary application.
(E) Occupation tax for local exchange service to be paid quarterly.
(F) Permit and plan review fee to be paid at the time of filing an application for permit to construct
telecommunications facilities subject to adjustment upon completion of plan review.
(G) Public Way Occupancy Fee to be paid prior to installation or construction of telecommunications
facilities on a public way.
(H) Pole Rental to be paid annually for installing and operating telecommunications facilities on or in
conjunction with City utility facilities, including particularly utility poles.
S34-67. Fees; Preapplication Conference and Application Fee
Following acceptance of an application by the City, the applicant shall participate in a conference with the
City Administrator and city staff for the purpose of reviewing the application, confirming information and
identifying issues related to compliance with this Chapter and the issuance of a license or franchise.
S34-68. Severability
If any section, subsection, sentence, clause, phrase or other portion of this Chapter, or its application to any
person is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said
decision shall not affect the validity of the remaining portions hereof.
S34-69. Reserved
S34-70. Reserved
S34-71. Reserved
S34-72. Reserved
S34-73. Reserved
S34-74. Reserved
Article II. Taxicab Companies
~34-75. Taxicab Company Permit; Required
It shall be unlawful for any person owning or operating a motor vehicle for the transportation of passengers
for hire, to operate such vehicle, or cause such vehicle to be operated, upon the streets or alleys of the City without .
first obtaining a permit to do so.
~34-76. Taxicab Company Permit; Application
All applications for permit required by ~34-75 shall be made to the city clerk on a form to be provided by
the city clerk. Such application form shall require the applicant to set forth his or her name, residence, occupation,
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ORDINANCE NO. 8411 (Cont.)
and such other facts as are necessary to show whether or not such applicant is a person of good moral character and
otherwise qualified to operate vehicles carrying passengers for hire.
~34-77. Taxicab Company Permit; Fees
Every application for a permit as required by ~34-75 shall be accompanied by a receipt for $26.25 for the
permit for the first vehicle, and $5.25 for each subsequent permit issued to the same person for additional vehicles,
signed by the city treasurer, which money shall be deemed an occupation tax and shall go into the general fund of
the City.
~34-78. Permit; Issuance
If the information on the application required by ~34-76, duly verified, shall show that an applicant for a
permit pursuant to the provisions of ~34-75 is properly qualified, and if such applicant has complied with the
requirements of ~34-77 regarding the payment of fees, the city clerk shall issue such permit.
~34-79. Permits to be Numbered; Expiration Date
Permits issued pursuant to ~34-78 shall bear a number signed by the city clerk with the name and address
of the holders thereof. All such permits shall expire on December 31 of the year in which they are issued.
~34-80. Permit; Forfeiture
Every person violating any of the provisions of this chapter shall forfeit his or her permit issued pursuant to
this article, at the discretion of the mayor and city council.
~34-81. Taximeters
Every motor-driven vehicle seating seven passengers or less shall have affixed thereto, in plain view, a
taximeter, or other mechanical device, by which the charge for hire of such motor vehicle is mechanically
calculated, either for distance driving or for waiting time, or for both, and upon which such charge shall be indicated
by means of figures, and all fare of passengers shall be determined by such device or meter.
No license shall be issued to operate such motor vehicle until the taxi meter attached thereto has been
inspected and found to be accurate.
After sundown, the face of every taximeter in operation shall be illuminated by a suitable light so arranged
as to throw a continuous, steady light thereon. No person shall use, or permit to be used, or driven for hire, a public
motor vehicle equipped with a taximeter, the case of which is unsealed.
934-82. Reserved
934-83. Reserved
934-84. Reserved
Article III. Taxicab Drivers' Permits
~34-85. Taxicab Driver's Permit; Required
No person shall drive a taxicab in the City unless he or she shall have applied for and obtained a permit to
do so from the city clerk.
~34-86. Requisite to Employment as Driver
No person operating a taxi company in the City shall employ or allow any person to drive a taxi unless such
person shall first have been granted a permit to operate a taxi as provided by this article.
~34-87. Application
Each person desiring a taxicab driver's permit shall file an application therefor with the city clerk on a form
provided by the clerk, setting forth the name and address of the applicant, and the name and address of the owner of
the taxicab which he or she will drive.
~34-88. Medical Examination; Certificate
An applicant for a taxicab driver's permit shall undergo a medical examination, at applicant's expense, by a
- 15 -
Approved as to Fonn T CJ;flS
November 24, 1998 .. City Attorney
I
I
I
ORDINANCE NO. 8411 (Cont.)
physician licensed in the State of Nebraska, and shall obtain a certificate from such examining physician showing
the physical fitness ofthe applicant to become a licensed taxicab driver.
~34-89. Examination by Chief of Police
An applicant for a taxicab driver's permit shall take an examination to be given by the chief of police to
determine whether or not the applicant is familiar with the provisions of this Code which are related to traffic, other
traffic laws, and any other applicable regulations of the City, and whether or not such applicant is acquainted with
the location of all streets and public places in the City. Such examination shall be in such form and shall be as
comprehensive as the chief of police may deem necessary.
~34-90. Minimum Age
An applicant for a taxicab driver's permit shall be not less than eighteen years of age.
~34-91. Issuance
Upon an applicant for a taxicab driver's permit complying with the requirements of this article, and upon
the filing of the health certificate, and a certificate showing that he or she has passed the examination given by the
chief of police, and upon payment of the fees provided by ~34-94, the city clerk is authorized to issue such taxicab
driver's permit.
~34-92. Assignability
A taxicab driver's permit issued pursuant to this article is not assignable and shall authorize the holder
thereof to drive only for the owner designated in the application. In the event such driver changes employers, the
city clerk is authorized to issue a new permit to such driver, without examination, upon payment of the permit fee
set forth in ~34-94.
~34-93. Expiration Date
All permits issued pursuant to this article shall expire on December 31 following the date of issuance.
~34-94. Fees
An annual permit fee shall be charged for permits issued pursuant to this article as follows:
For each original permit $10.00
For each renewal permit $10.00
~34-95. When and Where Fees Payable
All renewal fees for permits pursuant to this article shall be due and payable at the office of the city
treasurer on January I of each year.
~34-96. Permit Badge
The city treasurer shall issue to each person granted a permit to drive a taxi pursuant to this article, a badge,
which badge shall be worn only by the person to whom such permit was issued and such badge shall be worn on the
front of such driver's cap. The taxi driver's badge shall bear the name of the city, the number of the permit issued,
and the word "taxi." The city treasurer shall collect the cost of such badge from the person to whom the permit is
issued, and the cost thereof may be redeemed by the treasurer when the permittee shall no longer desire to drive a
taxi, and shall surrender such badge in a good, usable condition.
~34-97. Permit Revocation; Chief of Police
The chief of police is hereby charged with the duty of approving all permits granted pursuant to this
division, and if any person shall, in the discretion of the chief of police, be found to be a reckless driver and unfit to
operate a taxi, such permit to operate the same may be revoked by the chief of police.
~34-98. Revocation; Driving While Intoxicated
If any person holding a permit pursuant to this article shall be found guilty of driving a taxi while
intoxicated, the chief of police may revoke the permit granted to such violator.
- 16 -
Approved as to Form T
November 24, 1998 .... City Attorney
I
I
I
ORDINANCE NO. 8411 (Cont.)
934-99. Reserved
934-100. Reserved
934-101. Reserved
934-102. Reserved
934-103. Reserved
934-104. Reserved
Article IV. Public Transportation System
~34-105. Public Transportation System
The city council of the City of Grand Island, Nebraska, hereby appropriates for itself the authority to do
anyone or more of the following in order to provide for the general welfare of the citizens of the City of Grand
Island, Nebraska:
Acquire by the exercise of the power of eminent domain, or otherwise, lease, purchase, construct, own,
maintain, and operate, or contract for the operation of a public passenger transportation system, excluding
taxicabs and railroad systems, and to exercise any other powers authorized by law.
The exercise of the power herein granted shall be accomplished by further action of this council in
such manner and method as it deems appropriate.
SECTION 2. Sections 34-1 through 34-22 as now existing, and any ordinances or
parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: November 23, 1998.
Attest:
t
- 17 -
I Approved as to Fonn T c..qC.
November 24, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8412
An ordinance to amend Chapter 22 of the Grand Island City Code; to amend
Section 22-76 pertaining to truck routes; to repeal Section 22-76 as now existing, and any
ordinance 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. Section 22-76 of the Grand Island City Code is hereby amended to
read as follows:
~22-76. Truck Routes Designated
Adams Street between Stolley Park Road and Anna Street;
Airport Avenue between Capital Avenue and Fourth Street;
Anna Street between Broadwell A venue and South Locust Street;
Bismark Road between South Locust Street and easterly City Limits;
Blaine Street between U.S. Highway No. 34 and Stolley Park Road;
Blaine Street between Second Street and Third Street;
Broadwell A venue between Anna Street and north City Limits;
Capital Avenue between North Road and Sky Park Road;
Eddy Street between Oklahoma Street and State Street;
Elm Street between Second Street and Fourth Street;
Engleman Road between north city limits and south city limits;
First Street between Greenwich Street and Vine Street;
Garfield A venue between Carey A venue and Third Street;
Greenwich Street between First Street and Second Street;
Fonner Park Road between Adams Street and Stuhr Road;
Fourth Street between Eddy Street and Airport Avenue;
Lincoln A venue between Second Street and North Front Street;
Nebraska Highway 2 between Northwest Avenue and Highway 281;
North Front Street between Broadwell Avenue and Elm Street;
Oak Street between Fourth Street and South Front Street;
Oklahoma A venue between Adams Street and South Locust Street;
Old Highway No. 30 inside City Limits;
Old Neb. Highway 2 between U.S. Highway 281 and Broadwell Avenue;
Old Potash Highway between east City Limits and Carey Avenue;
St. Paul Road between Fourth Street and Capital Avenue;
Second Street between Webb Road and Shady Bend Road;
Shady Bend Road from one-quarter mile south of Seedling Mile Road to the Union Pacific Railroad north of U.S.
Highway 30;
South Front Street between Oak and Vine Streets;
South Locust Street between Walnut Street and south City Limits;
Stolley Park Road between west City Limits and east City Limits;
Stuhr Road between Seedling Mile Road and south City Limits;
Sycamore Street between First Street and Fourth Street;
- ~-
Approved as to Form T ~
November 10, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8412 (Cont.)
Third Street between Broadwell and Blaine Street;
U.S. Highway 30 between west City Limits and Second Street;
U.S. Highway 34 between one-half mile West of South Locust Street and one-quarter mile east of South Locust
Street;
U.S. Highway 281 between south City Limits and north City Limits;
Vine Street between South Front Street and First Street;
Walnut Street between Second Street and South Locust Street;
Webb Road between the south City Limits and the north City Limits.
SECTION 2. Section 22-76 as now existing, and any ordinances or parts of
ordinances in conflict herewith be, and hereby are, repealed.
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: November 9, 1998.
~/
Ken ~dt, Mayor
Attest:
Q:;;~~~
-2-
, -
Approved as to Form 0 C,(fl
November 10, 1998 0 City Attorney
I
ORDINANCE NO. 8413
An ordinance to adopt an Administrative Services Agreement with the
International City Management Association (lCMA) Retirement Corporation and to adopt a
Declaration of Trust of the ICMA Trust for the City of Grand Island, Nebraska, Police Officers
Retirement System Plan and Trust; to repeal any ordinance or parts of ordinances in conflict
herewith; and to provide for publication and the effective date of this ordinance.
WHEREAS, the City of Grand Island employs police officers rendering valuable
services; and
WHEREAS, the establishment of a retirement system plan benefits police officers
by providing funds for retirement and funds for their beneficiaries in the event of death; and
WHEREAS, the City of Grand Island desires that its Police Officers' Retirement
I
System Plan and Trust be administered by the ICMA Retirement Corporation and that the funds
held under such plan be invested in the ICMA Retirement Trust, a trust established by public
employers for the collective investment of funds held under their retirement and deferred
compensation plans.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, as follows:
SECTION 1. The City of Grand Island hereby approves and adopts the
Administrative Services Agreement (Exhibit "A") and Police Officers' Retirement System Plan
and Trust (Exhibit "B").
SECTION 2. The City of Grand Island Police Retirement Plan currently
administered and invested with the Principal Financial Group and associated agreements shall be
I terminated in the manner set forth in the associated administration and pension docnments.
Approved as to Form T ~
October 8, 1998 '" City Attorney
I
I
I
ORDINANCE NO. 8413 (Cont.)
SECTION 3. The Police Officers' Retirement Plan and Trust shall be maintained
for the exclusive benefit of eligible employees and their beneficiaries.
SECTION 4. The City of Grand Island hereby elects or has previously elected to
"pick up" the Mandatory Participant Contributions to the Plan pursuant to Section 414(h)(2) of
the Internal Revenue Code of 1986.
SECTION 5. The City of Grand Island hereby authorizes the execution of the
declaration of trust set forth in the Police Officers' Retirement System Plan and Trust (Exhibit
"B"), intending this execution to be operative with respect to any retirement or deferred
compensation plan subsequently established by the City, if the assets of the plan are to be
invested in the ICMA Retirement Trust.
SECTION 6. The City of Grand Island or its agents or representatives hereby
agree to serve as trustee under the Police Officers' Retirement System Plan and Trust and to
invest funds held under such plan in the ICMA Retirement Trust.
SECTION 7. The City of Grand Island or its agents or representatives shall be the
coordinator for the Police Officers' Retirement System Plan and Trust; shall receive necessary
reports, notices, etc. from the ICMA Retirement Corporation or the ICMA Retirement Trust;
shall cast, on behalf of the City of Grand Island, any required votes under the ICMA Retirement
Trust; may delegate any administrative duties relating to such plan to appropriate departments.
SECTION 8. The City of Grand Island hereby authorizes the Mayor to execute
all necessary agreements with the ICMA Retirement Corporation incidental to the administration
of such plan.
SECTION 9. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
- 2 -
Approved as to Form T CI72-
October 8, 1998 A City Attorney
I
I
I
ORDINANCE NO. 8413 (Cont.)
SECTION 10. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: October 12, 1998.
Attest:
- 3 -
Approved as to Form" C13Z---
October 8, 1998 ... City Attorney
I
ORDINANCE NO. 8414
An ordinance to adopt an Administrative Services Agreement with the
International City Management Association (lCMA) Retirement Corporation and to adopt a
Declaration of Trust of the ICMA Trust for the City of Grand Island, Nebraska, Firefighters'
Retirement System Plan and Trust; to repeal any ordinance or parts of ordinances in conflict
herewith; and to provide for publication and the effective date of this ordinance.
WHEREAS, the City of Grand Island employs firefighters rendering valuable
services; and
WHEREAS, the establishment of a retirement system plan benefits firefighters by
providing funds for retirement and funds for their beneficiaries in the event of death; and
WHEREAS, the City of Grand Island desires that its Firefighters' Retirement
I
System Plan and Trust be administered by the ICMA Retirement Corporation and that the funds
held under such plan be invested in the ICMA Retirement Trust, a trust established by public
employers for the collective investment of funds held under their retirement and deferred
compensation plans.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, as follows:
SECTION 1. The City of Grand Island hereby approves and adopts the
Administrative Services Agreement (Exhibit "A") and Firefighters' Retirement System Plan and
Trust (Exhibit "B").
SECTION 2. The City of Grand Island Firefighters Retirement Plan currently
administered and invested with the Principal Financial Group and associated agreements shall be
I terminated in the manner set forth in the associated administration and pension docrnnents.
Approved as to Form T ~
October 8, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8414 (Cont.)
SECTION 3. The Firefighters' Retirement System Plan and Trust shall be
maintained for the exclusive benefit of eligible employees and their beneficiaries.
SECTION 4. The City of Grand Island hereby elects or has previously elected to
"pick up" the Mandatory Participant Contributions to the Plan pursuant to Section 414(h)(2) of
the Internal Revenue Code of 1986.
SECTION 5. The City of Grand Island hereby authorizes the execution of the
declaration of trust set forth in the Firefighters' Retirement System Plan and Trust (Exhibit "B"),
intending this execution to be operative with respect to any retirement or deferred compensation
plan subsequently established by the City, ifthe assets ofthe plan are to be invested in the ICMA
Retirement Trust.
SECTION 6. The City of Grand Island or its agents or representatives hereby
agree to serve as trustee under the Firefighters' Retirement System Plan and Trust and to invest
funds held under such plan in the ICMA Retirement Trust.
SECTION 7. The City of Grand Island or its agents or representatives shall be the
coordinator for the Firefighters' Retirement System Plan and Trust; shall receive necessary
reports, notices, etc. from the ICMA Retirement Corporation or the ICMA Retirement Trust;
shall cast, on behalf of the City of Grand Island, any required votes under the ICMA Retirement
Trust; may delegate any administrative duties relating to such plan to appropriate departments.
SECTION 8. The City of Grand Island hereby authorizes the Mayor to execute
all necessary agreements with the ICMA Retirement Corporation incidental to the administration
of such plan.
SECTION 9. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
- 2 -
Approved as to Form T ~
October 8, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8414 (Cont.)
SECTION 10. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: October 12, 1998.
Attest:
~d K&'vl7N10~+'
Cindy t Cartwright, City Clerk
- 3 -
Approved as to Form T c.Q2---'
October 8, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8415
An ordinance to enter into a DailyDimensions contract with Ameritas Life
Insurance Corp., effective December 31, 1998; to provide for the daily valuation of participant
accounts under the Grand Island General City Employees Pension Plan, and the addition of
certain investment accounts to be offered to plan participants; to repeal any 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. That the Grand Island General City Employees Pension Plan as
restated pursuant to Ordinance No. 4244, and including amendments Nos. 1, 2, and 3 be
amended to authorize execution of DailyDimensions Contract No. 13179.
SECTION 2. That the City of Grand Island shall enter into DailyDimensions
Contract No. 13179, effective December 31, 1998, to provide for the daily valuation of
participant accounts under the Grand Island General City Employees Pension Plan and to
provide for automated participant transactions.
SECTION 2. That the following additional investment accounts shall be offered
as investment options to participants under the Grand Island General City Employees Pension
Plan:
Berger Small Cap Value Account
Fidelity VIP II Index 500 Account
American Century Income & Growth Account
Fidelity Asset Manager
SECTION 3. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
Approved as to Form T C</C.
October 23, 1998 ... City Attorney
I
ORDINANCE NO. 8415 (Cont.)
SECTION 4. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: October 26, 1998.
Ken Gnadt, Mayor
Attest:
Cindy K. Cartwright, City Clerk
I This Ordinance was pulled from the October 26, 1998 Agenda,
I
Approved as to Form T ~
October 23, 1998 ... City Attorney
- 2 -
I
I
I
ORDINANCE NO. 8415
An ordinance to enter into a DailyDimensions contract with Ameritas Life
Insurance Corp., effective December 31, 1998; to provide for the daily valuation of participant
accounts under the Grand Island General City Employees Pension Plan, and the addition of
certain investment accounts to be offered to plan participants; to amend the frequency that
participant investment direction is permitted under the Plan; to allow the addition of direct
rollover provisions; to repeal any 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. That the Grand Island General City Employees Pension Plan as
restated pursuant to Ordinance No. 4244, and including amendments Nos. 1, 2, and 3 be
amended to authorize execution of DailyDimensions Contract No. 13179.
SECTION 2. That the City of Grand Island shall enter into DailyDimensions
Contract No. 13179, effective December 31, 1998, to provide for the daily valuation of
participant accounts under the Grand Island General City Employees Pension Plan and to
provide for automated participant transactions.
SECTION 3. That the following additional investment accounts shall be offered
as investment options to participants under the Grand Island General City Employees Pension
Plan:
Berger Small Cap Value Account
Fidelity VIP II Index 500 Account
American Century Income & Growth Account
Fidelity Asset Manager
Approved as to Form T ~
November 6, 1996 '" Ci Attorney
I
I
I
ORDINANCE NO. 8415 (Cont.)
SECTION 4. That the Grand Island General City Employees Pension Plan, as
restated pursuant to Ordinance No. 4244 and including Amendments No.1, 2, and 3 be amended
with respect to the frequency that participant investment directions will be permitted to be made
under the Plan and to add direct rollover provisions in accordance with Amendment No.4,
attached hereto and incorporated herein by this reference.
SECTION 5. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: November 9, 1998.
Attest:
-2-
Approved as to Form '" ~
November 6, 1998 ... Ci Attorney
I
AMENDMENT NO.4
to
Grand Island General City Employees
Pension Plan
The Grand Island General City Employees Pension Plan is hereby amended as follows:
1. Effective January 1, 1999, Section 4.7(a) is modified to provide:
(a)
The Administrator, in his sole discretion, may determine that all
Participants be permitted to direct the Insurer as to the investment of
all or a portion of the interest in anyone or more of their individual
account balances. If such authorization is given by the Administrator,
Participants may, subject to a procedure established and applied in a
uniform nondiscriminatory manner, direct the Insurer in Writing to
invest any portion of their account in specific assets or other
investments permitted under the Plan. The procedures for investment
direction shall specify how often changes between investments may
be made and any other limitations that the Administrator shall impose
on a Participant's right to direct investments. That portion of the
account of any Participant so directing will thereupon be considered
a Directed Investment Account, which shall not share in Fund
earnings.
I
2. Section 6.10 is added to the Plan and shall provide:
6.10 mrect Rollovers.
(a) Notwithstanding any provision of the plan to th.:.: contrary, with
respect to distributions made after December 31, 1992, a Participant
shall be permitted to elect to have any "eligible rolloy.:::' distribution"
transferred directly to an "eligible retirement plan" spt:cified by the
Participant. The Plan provisions otherwise applicable to distributions
continue to apply to the direct transfer options. The Participant shall,
in the time and manner prescribed by the Administrate:::" specify the
amount to be directly transferred and the "eligible retirement plan" to
receive the transfer. Any portion of a distribution;:vhich is not
transferred shall be distributed to the Participant.
I
z:\Linda\I998\GI-GCE.arn4
10123/98
I
(b)
For purposes of this Section, the term "eligible rollover distribution"
means any distribution other than a distribution of substantially equal
periodic payments over the life or life expectancy of the Participant
(or joint life or joint life expectancies of the Participant and the
designated beneficiary) or a distribution over a period certain often
years or more. Amounts required to be distributed under Code
Section 40 I (a) (9) are not eligible rollover distributions. The direct
transfer option described in subsection (a) applies only to eligible
rollover distributions which would otherwise be includible in gross
income if not transferred.
(c) For purposes of this Section, the term "eligible retirement plan"
means an individual retirement account as described in Code Section
408( a), an individual retirement annuity as described in Code Section
408(b), an annuity plan as described in Code Section 403(a), or a
defined contribution plan as described in Code Section 40 I (a) which
is exempt from tax under Code Section 501(a) and which accepts
rollover distributions.
Cd)
I
I
z:lLind.\I99S\GI-<JCE.am4
The election described in subsection (a) also applies to the surviving
spouse after the Participant's death; however, distributions to the
surviving spouse may only be transferred to an individual retiI:ement
account or individual retirement annuity. For purposes of subsection
(a), a spouse or former spouse who is the alternate payee under a
qualified domestic relations order as defined in Code Section 414(P)
will be treated as the Participant.
2
10/23/98
I
I
I
ORDINANCE NO. 8416
An ordinance to amend Chapter 20 of the Grand Island; to amend Section 20-1
pertaining to disturbing the peace; to repeal Section 20-1 as presently existing; to repeal any
ordinance 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. Section 20-1 of the Grand Island City Code is hereby amended to
read as follows:
~20-1. Disturbing the Peace
(1) It shall be unlawful for any person to disturb the peace and quiet of any other person by loud noise,
music, or language, by fighting or threatening to fight, or by any other offensive action. It shall be unlawful for any
person in legal possession or charge of a residence or other private property to permit, or by inaction allow other
persons on the premises to disturb the peace jointly or severally by loud noise, music, or language.
(2) It shall be unlawful for any person to operate any radio, tape player, compact disc player, stereophonic
sound system, or similar device which reproduces or amplifies radio broadcasts, or musical recordings, in or upon
any street, alley, or other public place in such a manner as to be audible to other persons in such public place more
than fifty (50) feet from the source.
SECTION 2. Section 20-1 of the Grand Island City Code as presently existing is
hereby repealed.
SECTION 3. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 4. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
~
Approved as to Form T
October 27, 1998 ... City ttorney
I
I
I
ORDINANCE NO. 8416 (Cont.)
Enacted: October 26, 1998.
Attest:
- 2 -
Ke~
Approved as to Form T ~
October 27,1998 ... City Attorney
I
I
I
. This Space Reserved for Register of Deeds.
ORDINANCE NO. 8417
An ordinance to create Street Improvement District No. 1212; to define the
boundaries of the district; to provide for the improvement of streets within the district by paving,
curbing, guttering, storm drainage, and other incidentia1 work in connection therewith; to provide
for the filing of this ordinance with the Hall County Register of Deeds; and to provide the
publication and effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Street Improvement District No. 1212 in the City of Grand Island,
Nebraska, is hereby created.
SECTION 2. The boundaries ofthe district shall be as follows:
Beginning at the southeast corner of Lot Two (2), Block One (1), Trafalgar
Square Subdivision, said point also being the intersection of the west line of Ada
Street and the north line of Stolley Park Road; thence west on the south line of
Lot Two (2), Block One (1), Trafalgar Square Subdivision to the southwest corner
of Lot Two (2), Block One (1), Trafalgar Square Subdivision; thence north on the
west line of Lot Two (2), Block One (1), Trafalgar Square Subdivision to the
northwest corner of Lot Two (2), Block One (1), Trafalgar Square Subdivision;
thence northerly on a line to the northwest corner of Lot One (1), Block Two (2),
Approved as to Form T ~
November 5, 1998 .. City Attorney
I
I
I
ORDINANCE NO. 8417 (Cont.)
Dawn Addition; thence continuing north on a line for a distance of Thirty Three
(33.0) feet; thence east on a line Thirty Three (33.0) feet north of and parallel to
the north line of Blocks One (1) and Two (2), Dawn Addition to the west line of
the St. Joe Branch of the Union Pacific Railroad, said line also being the east line
of Trafalgar Square Subdivision, Southlawn Subdivision and Dawn Addition;
thence south on the east line of Trafalgar Square Subdivision, Southlawn
Subdivision and Dawn Addition to the north line of Stolley Park Road; thence
west on the north line of Stolley Park Road to the east line of Ada Street; thence
south on a prolongation of the east line of Ada Street for a distance of Forty (40.0)
feet; thence west on a line Forty (40.0) feet south of and parallel to the north line
of Stolley Park Road for a distance of Sixty Six (66.0) feet; thence north on a
prolongation of the west line of Ada Street for a distance of Forty (40.0) feet to
the point of beginning, all as shown on the plat dated November 4, 1998, attached
hereto as Exhibit "A" and incorporated herein by reference.
SECTION 3. The following street in the district shall be improved by paving and
other incidental work in connection therewith:
Ada Street, from Stolley Park Road to the north line of Dawn Addition to the City
of Grand Island, Hall County, Nebraska
Said improvements shall be made in accordance with plans and specifications
prepared by the Engineer for the City of Grand Island and approved by the Mayor and City
Council.
SECTION 4. All improvements shall be made at public cost, but the cost thereof,
excluding intersections, shall be assessed upon the lots and lands in the district specially
benefited thereby as provided by law.
SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds, Hall County, Nebraska.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication, without the plat, as provided by law.
-2-
Approved as to Form ... ~
November 5, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8417 (Cont.)
SECTION 7. After passage, approval and publication of this ordinance, notice of
the creation of said district shall be published in the Grand Island Independent, a legal newspaper
published and of general circulation in said City, as provided by law.
Enacted: November 9, 1998.
Attest:
- 3 -
Approved as to Fonn T CJ(Jl::
I November 5, 1998 .. City Attorney
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. This space reserved for Register of Deeds .
ORDINANCE NO. 8418
An ordinance creating Water Main District No. 429 in the City of Grand Island,
Hall County, Nebraska; defining the boundaries of the district; providing for the laying of a water
main in said district; providing for plans and specifications and securing bids; providing for the
connection fee for connecting to such water main; providing for certification to the Register of
Deeds; and providing the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Water Main District No. 429 in the City of Grand Island, Nebraska,
is hereby created for the laying of a sixteen (16) inch diameter water main with its appurtenances
in a portion of Juergen Road, from the current southerly terminus of the water main adjacent to
Lot One (1), Platte Valley Industrial Park Subdivision to Wildwood Road in the City of Grand
Island, Hall County, Nebraska.
Approved as to Form . ~
November 19, 1998 City Attorney
I
I
I
ORDINANCE NO. 8418 (Cont.)
Platte Valley Industrial Park Subdivision, Brennan Subdivision, and part of the West Half (W~) of
Section Five (5), Township Ten (10) North, Range Nine (9) West of the 6th P.M., in Grand Island,
Hall County, Nebraska. The boundaries of such water main connection district shall be more
particularly described as follows:
Beginning at the northeast comer of Platte Valley Industrial Park Subdivision; thence
southerly along the easterly line of said Platte Valley Industrial Park Subdivision a
distance of five hundred fifty (550.0) feet to the southeast comer of said Platte Valley
Industrial Park Subdivision; thence westerly along the southerly line of said Platte
Valley Industrial Park Subdivision, a distance of ninety seven (97.0) feet; thence
southwesterly, along the arc of a curve to the right, whose radius is three hundred
fifty (350.0) feet, the long chord of which bears S24027'19"W, a long chord distance
of two hundred eighty nine and seventy nine hundredths (289.79) feet; thence
S48054'38"W, a distance of forty nine and seventy five hundredths (49.75) feet, to
a point of curvature; thence southwesterly along the arc of a curve to the left, whose
radius is two hundred (200.0) feet, the long chord of which bears S24030'57"W, a
long chord distance of one hundred sixty five and twenty one hundredths (165.21)
feet; thence southerly and three hundred and sixty (360.0) feet east of and parallel
with the easterly right-of-way line of U.S. Highways 281 and 34, a distance of one
thousand sixteen and twenty three hundredths (1,016.23) feet; thence southwesterly
along the arc of a curve to the left whose radius is two hundred seventy (270.0) feet,
the long chord which bears S21 o36'55"E a long chord distance of two hundred four
and sixty three hundredths (204.63) feet to a point of tangency; thence S43053'OO"E,
a distance of four hundred ten and two tenths (410.2) feet to a point of curvature;
thence southeasterly, along the arc of a curve to the right whose radius is three
hundred thirty (330.0) feet, the long chord which bears S21023'OO"E, a long chord
distance of two hundred fifty two and fifty six hundredths (252.56) feet to a point of
tangency; thence SOl o07'OO"W, a distance of one hundred eighty five (185.0) feet to
a point on the southerly line of the Southwest Quarter (SWYt) of Section Five (5),
Township Ten (10) North, Range Nine (9) West; thence westerly along the southerly
line of the said Southwest Quarter (SWYt), a distance of eight hundred and seventy
three (873.0) feet to the southwest comer of Brennan Subdivision; thence northerly
along the westerly line of said Brennan Subdivision, said line also being the easterly
right-of-way line of U.S. Highways 281 and 34, a distance of five hundred three and
seventy six hundredths (503.76) feet; thence easterly along a northerly right-of-way
line of said U.S. Highways 281 and 34, a distance of fifty five and forty five
hundredths (55.45) feet; thence northerly along the easterly right-of-way line of said
U.S. Highways 281 and 34, a distance of one thousand four hundred eleven and sixty
- 2 -
Approved as to Form . ~
November 19. 1998 . City Attorney
I
I
I
ORDINANCE NO. 8418 (Cont.)
two hundredths (1,411.62) feet to the southwest comer of Lot Two (2), R.J. Olson
Subdivision, also being a point on the westerly right-of-way line of Juergen Road;
thence northeasterly along the easterly line of said Lot Two (2), R.J. Olson
Subdivision, a distance of three hundred ninety five and forty four hundredths
(395.44) feet to the southwest comer of said Platte Valley Industrial Park
Subdivision; thence northerly along the westerly right-of-way line of said Juergen
Road, a distance of five hundred fifty (550.0) feet to the northwest comer of said
Platte Valley Industrial Park Subdivision; thence easterly along the northerly line of
said Platte Valley Industrial Park Subdivision, a distance of four hundred ninety
seven (497.0) feet to said point of beginning, all as shown on the plat dated
November 10, 1998, attached hereto as Exhibit "A" and incorporated herein by
reference.
SECTION 3. Said improvement shall be made in accordance with plans and
specifications prepared by the Engineer for the City, who shall estimate the cost thereof. Bids for
the construction of said water main shall be taken and contracts entered into in the manner
provided by law.
SECTION 4. The cost of construction of such water main district shall be assessed
against the property within such district abutting upon the street or other right-of-way wherein
such water main has been constructed, to the extent of benefits to such property, by reason of such
improvement, and a special tax shall be levied at one time to pay for such cost of construction as
soon as can be ascertained as provided by law; and such special tax and assessments shall
constitute a sinking fund for the payment of any warrants or bonds with interest, issued for the
purpose of paying the cost of such water mains in such district; and such special assessments shall
be paid and collected in a fund to be designated and known as the Sewer and Water Extension
Fund and out of which all warrants issued for the purpose of paying the cost of water main shall
be paid.
- 3 -
Approved as to Form . ~
November 19, 1998 . City Attorney
I
I
I
ORDINANCE NO. 8418 (Cont.)
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval, and publication, without the plat, within fifteen days in one issue of the Grand
Island Independent.
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds of Hall County, Nebraska.
SECTION 7. After passage, approval and publication of this ordinance, notice of
the creation of said district shall be published in the Grand Island Independent, a legal newspaper
published and of general circulation in said City, as provided by law.
Enacted November 23, 1998.
~
Ke na t, Mayor
ATTEST:
- 4 -
I Approved as to Fonn . t::qr:: I
November 19, 1998 City Attorney
" EASE..ENT E~fl.'( LOT I Jr ~'l
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UTILITIES DEPARTMENT
PLAT TO ACCOMPANY
ORDINANCE NO. 8418
I
* This Space Reserved for Register of Deeds *
ORDINANCE NO. 8419
An ordinance creating Sanitary Sewer District No. 489 of the City of Grand
Island, Nebraska; defining the boundaries thereof; providing for the laying of sanitary sewer
mains in said district; providing for plans and specifications and securing bids; providing for the
I assessment of special taxes for constructing such sewer and collection thereof; and providing 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. Sanitary Sewer District No. 489 is hereby created for the
construction of an twenty four (24) inch sanitary sewer main and appurtenances thereto in a
portion of Juergen Road, from the current southerly terminus of sewer adjacent to Lot One (1),
Platte Valley Industrial Park Subdivision, in the City of Grand Island, Hall County, Nebraska.
SECTION 2. The boundaries of such sanitary sewer district shall be as follows:
I
Beginning at the northeast corner of Platte Valley Industrial Park Subdivision;
thence southerly along the easterly line of said Platte Valley Industrial Park
Subdivision a distance of five hundred fifty (550.0) feet to the southeast corner of
said Platte Valley Industrial Park Subdivision; thence westerly along the southerly
line of said Platte Valley Industrial Park Subdivision, a distance of ninety seven
Approved as to Form T ~
November 19,1998 ... City A torney
I
ORDINANCE NO. 8419 (Cont.)
I
(97.0) feet; thence southwesterly, along the arc of a curve to the right, whose
radius is three hundred fifty (350.0) feet, the long chord of which bears
S24027'19"W, a long chord distance of two hundred eighty nine and seventy nine
hundredths (289.79) feet; thence S48054'38"W, a distance of forty nine and
seventy five hundredths (49.75) feet, to a point of curvature; thence southwesterly
along the arc of a curve to the left, whose radius is two hundred (200.0) feet, the
long chord of which bears S24030'57"W, a long chord distance of one hundred
sixty five and twenty one hundredths (165.21) feet; thence southerly and three
hundred and sixty (360.0) feet east of and parallel with the easterly right-of-way
line of U.S. Highways 281 and 34, a distance of one thousand sixteen and twenty
three hundredths (1,016.23) feet; thence southwesterly along the arc of a curve to
the left whose radius is two hundred seventy (270.0) feet, the long chord which
bears S21036'55"E a long chord distance of two hundred four and sixty three
hundredths (204.63) feet to a point of tangency; thence S43053'OO"E, a distance of
four hundred ten and two tenths (410.2) feet to a point of curvature; thence
southeasterly, along the arc of a curve to the right whose radius is three hundred
thirty (330.0) feet, the long chord which bears S21023'OO"E, a long chord distance
of two hundred fifty two and fifty six hundredths (252.56) feet to a point of
tangency; thence SOI007'OO"W, a distance of one hundred eighty five (185.0) feet
to a point on the southerly line of the Southwest Quarter (SW~) of Section Five
(5), Township Ten (10) North, Range Nine (9) West; thence westerly along the
southerly line of the said Southwest Quarter (SW~), a distance of eight hundred
and seventy three (873.0) feet to the southwest comer of Brennan Subdivision;
thence northerly along the westerly line of said Brennan Subdivision, said line
also being the easterly right-of-way line of U.S. Highways 281 and 34, a distance
of five hundred three and seventy six hundredths (503.76) feet; thence easterly
along a northerly right-of-way line of said U.S. Highways 281 and 34, a distance
of fifty five and forty five hundredths (55.45) feet; thence northerly along the
easterly right-of-way line of said U.S. Highways 281 and 34, a distance of one
thousand four hundred eleven and sixty two hundredths (1,411.62) feet to the
southwest comer of Lot Two (2), R.J. Olson Subdivision, also being a point on
the westerly right-of-way line of Juergen Road; thence northeasterly along the
easterly line of said Lot Two (2), R.J. Olson Subdivision, a distance of three
hundred ninety five and forty four hundredths (395.44) feet to the southwest
comer of said Platte Valley Industrial Park Subdivision; thence northerly along
the westerly right-of-way line of said Juergen Road, a distance of five hundred
fifty (550.0) feet to the northwest comer of said Platte Valley Industrial Park
Subdivision; thence easterly along the northerly line of said Platte Valley
Industrial Park Subdivision, a distance of four hundred ninety seven (497.0) feet
to said point of beginning, all as shown on the plat dated November 10, 1998,
attached hereto as Exhibit "A" and incorporated herein by reference.
I
Approved as to Form T CRt:
November 19, 1998 ... City Attorney
- 2 -
I
I
I
ORDINANCE NO. 8419 (Cont.)
SECTION 3. Said improvement shall be made in accordance with plans and
specifications prepared by the Engineer for the City who shall estimate the cost thereof, and
submit the same to the City Council, and upon approval of the same, bids for the construction of
such sanitary sewer shall be taken and contracts entered into in the manner provided by law.
SECTION 4. The cost of construction of such sanitary sewer district shall be
assessed against the property within the district abutting upon the easement or other right-of-way
within which such sanitary sewer main has been constructed, to the extent of benefits to such
property by reason of such improvement, and a special tax shall be levied at one time to pay for
such cost of construction as soon as can be ascertained as provided by law; and such special tax
and assessments shall constitute a sinking fund for the payment of any warrants or bonds with
interest, issued for the purpose of paying the cost of such sewer in such district; and such special
assessments shall be paid and collected in a fund to be designated and known as the Sewer and
Water Extension Fund and out of which all warrants issued for the purpose of paying the cost of
sanitary sewer shall be paid.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval and publication, without the plat, as provided by law.
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds of Hall County, Nebraska.
SECTION 7. After passage, approval and publication of this ordinance, notice of
the creation of said district shall be published in the Grand Island Independent, a legal newspaper
published and of general circulation in said City, as provided by law.
- 3 -
Approved as to Form T r ~
November 19, 1998 ... City Attorney
I
ORDINANCE NO. 8419 (Cont.)
Enacted: November 23, 1998.
Attest:
0i;1li5n~~
I
I
- 4 -
Approved as to Form T ~
November 19, 1998 ... City Attorney
~
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SANITARY SEWER
DISTRICT 489
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SANITARY SEWER DISTRICT 489
GRAND~ISLAND
PUBLIC WORKS
PLAT TO ACCOMPANY
ORDINANCE NO. 8419
873.0'
1 "=300'
I
I
I
. This Space Reserved for Register of Deeds.
ORDINANCE NO. 8420
An ordinance to create Street Improvement District No. 1218; to define the
boundaries of the district; to provide for the improvement of streets within the district by paving,
curbing, guttering, storm drainage, and other incidential work in connection therewith; to provide
for the filing of this ordinance with the Hall County Register of Deeds; and to provide the
publication and effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Street Improvement District No. 1218 in the City of Grand Island,
Nebraska, is hereby created.
SECTION 2. The boundaries ofthe district shall be as follows:
Beginning at the northeast comer of Platte Valley Industrial Park Subdivision;
thence southerly along the easterly line of said Platte Valley Industrial Park
Subdivision a distance of five hundred fifty (550.0) feet to the southeast comer of
said Platte Valley Industrial Park Subdivision; thence westerly along the southerly
line of said Platte Valley Industrial Park Subdivision, a distance of ninety seven
(97.0) feet; thence southwesterly, along the arc of a curve to the right, whose
radius is three hundred fifty (350.0) feet, the long chord of which bears
S24027'19"W, a long chord distance of two hundred eighty nine and seventy nine
Approved as to Form T (Yl::
April 8, 1999 ..to. City Attorney
I
ORDINANCE NO. 8420 (Cont.)
I
hundredths (289.79) feet; thence S48054'38"W, a distance of forty nine and
seventy five hundredths (49.75) feet, to a point of curvature; thence southwesterly
along the arc of a curve to the left, whose radius is two hundred (200.0) feet, the
long chord of which bears S24030'57"W, a long chord distance of one hundred
sixty five and twenty one hundredths (165.21) feet; thence southerly and three
hundred and sixty (360.0) feet east of and parallel with the easterly right-of-way
line of US. Highways 281 and 34, a distance of one thousand sixteen and twenty
three hundredths (1,016.23) feet; thence southwesterly along the arc of a curve to
the left whose radius is two hundred seventy (270.0) feet, the long chord which
bears S21 o36'55"E a long chord distance of two hundred four and sixty three
hundredths (204.63) feet to a point oftangency; thence S43053'OO"E, a distance of
four hundred ten and two tenths (410.2) feet to a point of curvature; thence
southeasterly, along the arc of a curve to the right whose radius is three hundred
thirty (330.0) feet, the long chord which bears S21023'OO"E, a long chord distance
of two hundred fifty two and fifty six hundredths (252.56) feet to a point of
tangency; thence SOl007'OO"W, a distance of one hundred eighty five (185.0) feet
to a point on the southerly line of the Southwest Quarter (SWl;4) of Section Five
(5), Township Ten (10) North, Range Nine (9) West; thence westerly along the
southerly line of the said Southwest Quarter (SWl;4), a distance of eight hundred
and seventy three (873.0) feet to the southwest comer of Brennan Subdivision;
thence northerly along the westerly line of said Brennan Subdivision, said line
also being the easterly right-of-way line of US. Highways 281 and 34, a distance
of five hundred three and seventy six hundredths (503.76) feet; thence easterly
along a northerly right-of-way line of said US. Highways 281 and 34, a distance
of fifty five and forty five hundredths (55.45) feet; thence northerly along the
easterly right-of-way line of said US. Highways 281 and 34, a distance of one
thousand four hundred eleven and sixty two hundredths (1,411.62) feet to the
southwest comer of Lot Two (2), R.J. Olson Subdivision, also being a point on
the westerly right-of-way line of Juergen Road; thence northeasterly along the
easterly line of said Lot Two (2), R.J. Olson Subdivision, a distance of three
hundred ninety five and forty four hundredths (395.44) feet to the southwest
comer of said Platte Valley Industrial Park Subdivision; thence northerly along
the westerly right-of-way line of said Juergen Road, a distance of five hundred
fifty (550.0) feet to the northwest comer of said Platte Valley Industrial Park
Subdivision; thence easterly along the northerly line of said Platte Valley
Industrial Park Subdivision, a distance of four hundred ninety seven (497.0) feet
to said point of beginning, all as shown on the plat dated November 10, 1998,
attached hereto as Exhibit "A" and incorporated herein by reference.
I
SECTION 3. The following street in the district shall be improved by paving and
other incidental work in connection therewith:
- 2 -
Approved as to Form T
April 8, 1999 .....
I
I
I
ORDINANCE NO. 8420 (Cont.)
Juergen Road, from the current southerly terminus of paving adjacent to Lot One
(1), Platte Valley Industrial Park Subdivision to Wildwood Road, in the City of
Grand Island, Hall County, Nebraska
Said improvements shall be made in accordance with plans and specifications
prepared by the Engineer for the City of Grand Island and approved by the Mayor and City
Council.
SECTION 4. All improvements shall be made at public cost, but the cost thereof,
excluding intersections, shall be assessed upon the lots and lands in the district specially
benefited thereby as provided by law.
SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds, Hall County, Nebraska.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication, without the plat, as provided by law.
SECTION 7. After passage, approval and publication of this ordinance, without
the plat, notice of the creation of said district shall be published in the Grand Island Independent,
a legal newspaper published and of general circulation in said City, as provided by law.
Enacted: Apri112, 1999.
K~
Attest:
- 3 -
Approved as to Form T ~
April 8, 1999 ... City Attorney
~~~~-!r'fl
POINT OF BEGINNING I 1\.-11' rASEIlEHT
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STREET IMPROVEMENT
DISTRICT 1218 1
BOUNDARY ,
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STREET IMPROVEMENT DIST. 1218
GRANo.ISLAND
PUBLIC WORKS
PLAT TO ACCOMPANY
ORDINANCE NO. 8420
1"=300'
I
. This Space Reserved for Register of Deeds.
ORDINANCE NO. 8421
An ordinance to create Street Improvement District No. 1213; to define the
boundaries of the district; to provide for the improvement of streets within the district by paving,
I
curbing, guttering, storm drainage, and other incidential work in connection therewith; to provide
for the filing of this ordinance with the Hall County Register of Deeds; and to provide the
publication and effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Street Improvement District No. 1213 in the City of Grand Island,
Nebraska, is hereby created.
SECTION 2. The boundaries of the district shall be as follows:
I
Beginning at the southeast comer of Lot Eight (8), Block Fifty Five (55), Original
Town, said point also being the intersection of the north line of Third Street and
the west line of Pine Street; thence north on the west line of Pine Street to the
south line of South Front Street; thence easterly on the south line of South Front
Street and a prolongation thereof to a point Forty (40.0) feet east of the west line
of Sycamore Street; thence south on a line Forty (40.0) feet east of and parallel to
the west line of Sycamore Street to a point on a prolongation of the north line of
Third Street; thence westerly on the north line of Third Street and a prolongation
Approved as to Form T /' ~
November 19, 1998 A ~
I
I
I
ORDINANCE NO. 8421 (Cont.)
thereof to a point Eighty Eight (88.0) feet east of the southwest comer of Block
Fifty Four (54) Original Town; thence north on a line Eighty Eight (88.0) feet east
of and parallel to the east line of Pine Street for a distance of Sixty Six (66.0) feet;
thence west on a line Sixty Six (66.0) feet north of and parallel to the north line of
Third Street for a distance of Eighty Eight (88.0) feet to the east line of Pine
Street; thence southerly on the east line of Pine Street to the southwest comer of
Lot Five (5) Block Fifty Four (54) Original Town; thence westerly on a
prolongation of the north line of Third Street for a distance of Eighty (80.0) feet to
the point of beginning, all as shown on the plat dated November 6, 1998, attached
hereto as Exhibit "A" and incorporated herein by reference.
SECTION 3. The following alley in the district shall be improved by paving and
other incidental work in connection therewith:
The alley located between Third Street and South Front Street, from Pine Street to
Sycamore Street, in the City of Grand Island, Hall County, Nebraska
Said improvements shall be made in accordance with plans and specifications
prepared by the Engineer for the City of Grand Island and approved by the Mayor and City
Council.
SECTION 4. All improvements, except storm sewers, shall be made at public
cost. The cost of the storm sewers shall be assessed upon the lots and lands in the district
specially benefited thereby as provided by law.
SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds, Hall County, Nebraska.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication, without the plat, as provided by law.
SECTION 7. After passage, approval and publication of this ordinance, without
the plat, notice of the creation of said district shall be published in the Grand Island Independent,
a legal newspaper published and of general circulation in said City, as provided by law.
- 2 -
Approved as to Form T Cf!'C
November 19, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8421 (Cont.)
23 1998.
d. November ,
Enacte .
~~
Ken ~aYor
Attest:
&r7rjz,~~
Cindy K. artwng ,
- 3 -
Approved as to ~~~ : c~mey
November 19, 1
I ~ .
I-
8 1 (.f)
80' 132' 80'
LOCUST 0 0 ST.
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80' '4) 132' 1 ' 132' 80'
POINT OF BEGINNING 0
PINE 0 ():) ST.
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80' 66' ;n 80'
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80' 132' 1 ' 132' 80'
SYCAMORE ST.
~ 4
I E X H I BIT II A II
CITY OF GRAND ISLAND , NEBR,
ENGINEERING DEPARTMENT
PLAT TO ACCOMPANY ORDINANCE
NO.8421
STREET IMPROVEMENT DIST. 1213 SCALE 1'=100' L.D.C. 11/6/98
I
. This Space Reserved for Register of Deeds.
ORDINANCE NO. 8422
An ordinance to create Street Improvement District No. 1214; to define the
boundaries of the district; to provide for the improvement of streets within the district by paving,
I
curbing, guttering, storm drainage, and other incidential work in connection therewith; to provide
for the filing of this ordinance with the Hall County Register of Deeds; and to provide the
publication and effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Street Improvement District No. 1214 in the City of Grand Island,
Nebraska, is hereby created.
SECTION 2. The boundaries of the district shall be as follows:
I
Beginning at the southeast comer of Lot Eight (8), Block Fifty Six (56), Original
Town, said point also being the intersection of the north line of Third Street and
the west line of Locust Street; thence north on the west line of Locust Street to the
south line of South Front Street; thence east on a prolongation of the south line of
South Front Street for a distance of Eighty (80.0) feet to the northwest comer of
Lot Four (4) Block Fifty Five (55) Original Town; thence south on the west line
of Lot Four (4) Block Fifty Five (55) Original Town for a distance of Sixty Six
(66.0) feet; thence east on a line Sixty Six (66.0) feet south of and parallel to the
Approved as to Form T ~
November 19, 1998 ... City ttorney
I
I
I
ORDINANCE NO. 8422 (Cont.)
south line of South Front Street to a point Thirty Three (33.0) feet east of the west
line of Lot Three (3) Block Fifty Five (55) Original Town; thence north on a line
Thirty Three (33.0) feet east of and parallel to the west line of Lot Three (3)
Block Fifty Five (55) Original Town for a distance of Sixty Six (66.0) feet to the
south line of South Front Street; thence east on the south line of South Front
Street to the northwest comer of Lot One (1) Block Fifty Five (55) Original
Town; thence south on the west line of Lot One (1) Block Fifty Five (55) Original
Town to a point Twenty Two (22.0) feet north of the southwest comer of Lot One
(1) Block Fifty Five (55) Original Town; thence east on a line Twenty Two (22.0)
feet north of and parallel to the south line of Lot One (1) Block Fifty Five (55)
Original Town for a distance of Sixty Six (66.0) feet to the west line of Pine
Street; thence north on the west line of Pine Street to the south line of South Front
Street; thence east on a prolongation of the south line of South Front Street to the
east line of Pine Street; thence south on the east line of Pine Street to the north
line of Third Street; thence west on the north line of Third Street and a
prolongation thereof to the southeast comer of Lot Five (5) Block Fifty Five (55)
Original Town; thence north on the east line of Lot Five (5) Block Fifty Five (55)
Original Town for a distance of Sixty Four and Five Tenths (64.5) feet; thence
west on a line Sixty Seven and Five Tenths (67.5) feet south of and parallel to the
north line of Lot Five (5) Block Fifty Five (55) Original Town to the west line of
said Lot Five (5) Block Fifty Five (55) Original Town; thence south on the east
line of Locust Street to the north line of Third Street; thence west on a
prolongation of the north line of Third Street for a distance of Eighty (80.0) feet to
the point of beginning, all as shown on the plat dated November 6, 1998, attached
hereto as Exhibit "A" and incorporated herein by reference.
SECTION 3. The following alley in the district shall be improved by paving and
other incidental work in connection therewith:
The alley located between Third Street and South Front Street, from Pine Street to
Locust Street, in the City of Grand Island, Hall County, Nebraska
Said improvements shall be made in accordance with plans and specifications
prepared by the Engineer for the City of Grand Island and approved by the Mayor and City
Council.
SECTION 4. All improvements, except storm sewers, shall be made at public
cost. The cost of the storm sewers shall be assessed upon the lots and lands in the district
specially benefited thereby as provided by law.
-2-
Approved as to Form T ~
November 19,1998 ....City ttomey
I
I
I
ORDINANCE NO. 8422 (Cont.)
SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds, Hall County, Nebraska.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication, without the plat, as provided by law.
SECTION 7. After passage, approval and publication of this ordinance, without
the plat, notice of the creation of said district shall be published in the Grand Island Independent,
a legal newspaper published and of general circulation in said City, as provided by law.
Enacted: November 23, 1998.
Attest:
C~~t~
~;S""";::>"0::\~
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- 3 -
Approved as to Form,. t:.q'C"
November 19,1998 ... City Attorney
I =J .
~
8 1 Ul
80' 132' SO'
WHEELER 0 0 AVE.
00
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80' ~ 132' 1 ' 132' SO'
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I E X H I BIT II A II
CITY OF GRAND ISLAND , NEBR.
ENGINEERING DEPARTMENT
PLAT TO ACCOMPANY ORDINANCE
NO.S422
STREET IMPROVEMENT DIST. 1214 SCALE 1'=100' L.D.C. 11/6/9S I
I
. This Space Reserved for Register of Deeds.
ORDINANCE NO. 8423
An ordinance to create Street Improvement District No. 1215; to define the
boundaries of the district; to provide for the improvement of streets within the district by paving,
I
curbing, guttering, storm drainage, and other incidential work in connection therewith; to provide
for the filing of this ordinance with the Hall County Register of Deeds; and to provide the
publication and effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Street Improvement District No. 1215 in the City of Grand Island,
Nebraska, is hereby created.
SECTION 2. The boundaries of the district shall be as follows:
I
Beginning at the southwest comer of Lot Five (5) Block Fifty Five (55) Original
Town, said point also being the intersection of the east line of Locust Street and
the north line of Third Street; thence west on the north line of Third Street and a
prolongation thereof to the west line of Wheeler Avenue; thence north to the west
line of Wheeler Avenue to the south line of South Front Street; thence east on the
south line of South Front Street and a prolongation thereof to the east line of
Locust Street; thence south on the east line of Locust Street to the point of
Approved as to Form... ~
November 19, 1998 .... City A torney
I
I
I
ORDINANCE NO. 8423 (Cont.)
beginning, all as shown on the plat dated November 6, 1998, attached hereto as
Exhibit "A" and incorporated herein by reference.
SECTION 3. The following alley in the district shall be improved by paving and
other incidental work in connection therewith:
The alley located between Third Street and South Front Street, from Locust Street
to Wheeler Avenue, in the City of Grand Island, Hall County, Nebraska
Said improvements shall be made in accordance with plans and specifications
prepared by the Engineer for the City of Grand Island and approved by the Mayor and City
Council.
SECTION 4. All improvements, except storm sewers, shall be made at public
cost. The cost of the storm sewers shall be assessed upon the lots and lands in the district
specially benefited thereby as provided by law.
SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds, Hall County, Nebraska.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication, without the plat, as provided by law.
SECTION 7. After passage, approval and publication of this ordinance, without
the plat, notice of the creation of said district shall be published in the Grand Island Independent,
a legal newspaper published and of general circulation in said City, as provided by law.
Enacted: November 23, 1998.
-2-
Approved as to Form T C(fT:
November 19,1998 ...City Attorney
l
I
I
ORDINANCE NO. 8423 (Cont.)
Attest:
- 3 -
Approved as to Form '" -;; AJ6'
November 19, 1998 A City Attorney
I ~ .
~
8 1 Ul
80' 132' 80'
WHEELER 0 0 AVE.
ro
ro
80' ::0 132' 1 ' 132' 80'
r-- \!) 5 4 ::0
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80' 132' 132' 80'
LOCUST 0 0 ST.
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I POINT OF BEGINNING
80' ::0 80'
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67.5
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(") 66'
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80' 132' 1 ' 132' 80'
22'
PINE 0 0 ST.
ro ro
=1 4
I E X H I BIT II A II
CITY OF GRAND ISLAND , NEBR.
ENGINEERING DEPARTMENT
PLAT TO ACCOMPANY ORDINANCE
NO.8423
STREET IMPROVEMENT DIST. 1215 SCALE 1'=100' loD.C. 11/6/98 I
I
. This Space Reserved for Register of Deeds ·
ORDINANCE NO. 8424
An ordinance to create Street Improvement District No. 1216; to define the
boundaries of the district; to provide for the improvement of streets within the district by paving,
I
curbing, guttering, storm drainage, and other incidential work in connection therewith; to provide
for the filing of this ordinance with the Hall County Register of Deeds; and to provide the
publication and effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Street Improvement District No. 1216 in the City of Grand Island,
Nebraska, is hereby created.
SECTION 2. The boundaries of the district shall be as follows:
I
Beginning at the southwest comer of Lot Five (5) Block Fifty Six (56) Original
Town, said point also being the intersection of the east line of Wheeler Avenue
and the north line of Third Street; thence west on the north line of Third Street
and a prolongation thereof to the west line of Walnut Street; thence north on the
west line of Walnut Street to the south line of South Front Street; thence east on
the south line of South Front Street to the east line of Wheeler Avenue; thence
south on the east line of Wheeler Avenue to the point of beginning, all as shown
Approved as to Form T ~
November 19, 1998 '" City Attorney
I
I
I
ORDINANCE NO. 8424 (Cont.)
on the plat dated November 5, 1998, attached hereto as Exhibit "A" and
incorporated herein by reference.
SECTION 3. The following alley in the district shall be improved by paving and
other incidental work in connection therewith:
The alley located between Third Street and South Front Street, from Wheeler
A venue to Walnut Street, in the City of Grand Island, Hall County, Nebraska
Said improvements shall be made in accordance with plans and specifications
prepared by the Engineer for the City of Grand Island and approved by the Mayor and City
Council.
SECTION 4. All improvements, except storm sewers, shall be made at public
cost. The cost of the storm sewers shall be assessed upon the lots and lands in the district
specially benefited thereby as provided by law.
SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds, Hall County, Nebraska.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication, without the plat, as provided by law.
SECTION 7. After passage, approval and publication of this ordinance, without
the plat, notice of the creation of said district shall be published in the Grand Island Independent,
a legal newspaper published and of general circulation in said City, as provided by law.
Enacted: November 23, 1998.
- 2 -
Approved as to Form ... ~
November 19, 1998 .. City Attorney
Attest:
ORDINANCE NO. 8424 (Cont.)
~cffv//
Ken G dt, Mayor
c~~c~
I
I
~
- 3 -
Approved as to Form T ~
November 19, 1998 A City Attorney
~
I ~
8 1
80' 132' 132'
CEDAR '0 ST. '0
<Xl
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80' to 132' 6 132'
to 5 4 to
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W -
W N
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0:::: N
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JEN to 8 to
to to
SUB. 80' 132' 6 132'
I WALNUT '0 '0 ST.
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80' 132' 6 132' 80'
WHEELER '0 '0 AVE.
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POINT OF BEGINNING
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EXH I BI T" A"
CITY OF GRAND ISLAND , NEBR.
ENGINEERING DEPARTMENT
I PLAT TO ACCOMPANY ORDINANCE I
NO.8424
STREET IMPROVEMENT DIST. 1216 I SCALE 1"==100' l.D.C. 11/5/98 I
I
. This Space Reserved for Register of Deeds ·
ORDINANCE NO. 8425
An ordinance to create Street Improvement District No. 1217; to define the
boundaries of the district; to provide for the improvement of streets within the district by paving,
I
curbing, guttering, storm drainage, and other incidential work in connection therewith; to provide
for the filing of this ordinance with the Hall County Register of Deeds; and to provide the
publication and effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Street Improvement District No. 1217 in the City of Grand Island,
Nebraska, is hereby created.
SECTION 2. The boundaries ofthe district shall be as follows:
I
Beginning at the southwest comer of Lot One (1) Ziller Subdivision, said point
also being the intersection of the east line of Walnut Street and the north line of
Third Street; thence west on the north line of Third Street and a prolongation
thereof to the west line of Cedar Street; thence north on the west line of Cedar
Street to the northeast comer of Lot One (1) Block Fifty Nine (59) Original Town;
thence east on the north line of Block Fifty Eight (58) Original Town and a
prolongation thereofto the east line of Walnut Street; thence south on the east line
of Walnut Street to the point of beginning, all as shown on the plat dated
Approved as to Form T Cdrs.
November 19, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8425 (Cont.)
November 5, 1998, attached hereto as Exhibit "A" and incorporated herein by
reference.
SECTION 3. The following alley in the district shall be improved by paving and
other incidental work in connection therewith:
The alley located between Third Street and South Front Street, from Walnut
Street to Cedar Street, in the City of Grand Island, Hall County, Nebraska
Said improvements shall be made in accordance with plans and specifications
prepared by the Engineer for the City of Grand Island and approved by the Mayor and City
Council.
SECTION 4. All improvements, except storm sewers, shall be made at public
cost. The cost of storm sewers shall be assessed upon the lots and lands in the district specially
benefited thereby as provided by law.
SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds, Hall County, Nebraska.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication, without the plat, as provided by law.
SECTION 7. After passage, approval and publication of this ordinance, without
the plat, notice of the creation of said district shall be published in the Grand Island Independent,
a legal newspaper published and of general circulation in said City, as provided by law.
Enacted: November 23, 1998.
- 2 -
Approved as to Form T ~
November 19, 1998 ... City Attorney
I
I
I
Attest:
~
ORDINANCE NO. 8425 (Cont.)
K~
- 3 -
Approved as to Form T ~
November 19, 1998 A City ttomey
I =J
8 1
80' 132' 132'
CEDAR "0 ST. "0
CX)
CX)
80' <0 132' 6 132'
<.0 5 4 <0
<.0
N
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<.0 <.0
SUB. 80' 132' 6 132'
I WALNUT "0 "0 ST.
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80' 132 80'
.
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SUB. 0 i-
0::::
- Z
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EXH I BI T" A"
CITY OF GRAND ISLAND , NEBR.
ENGINEERING DEPARTMENT
I PLAT TO ACCOMPANY ORDINANCE I
NO. 8425
STREET IMPROVEMENT DIST. 1217 I SCALE 1"=100' L.D.C. 11/5/98 I
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ORDINANCE NO. 8426
An ordinance to amend Chapter 37 of the Grand Island City Code; to amend
Section 37-17 pertaining to animal license taxes; to repeal Section 37-17 as now existing, and
any ordinance 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. Section 37-17 of the Grand Island City Code is hereby amended to
read as follows:
~37-17. Pet License Tax
(A) The annual dog or cat license tax for an unneutered male or an unspayed female shall be
$18.00. The annual dog or cat license tax for a neutered male or a spayed female shall be $8.00.
(B) The annual license tax for a wild animal over the age of six (6) months listed on the
Approved Animal List, as referenced in ~5-40, shall be $7.50 commencing January 1, 1998. The amount
of the 1997 annual license tax for a wild animal shall be $3.75.
(C) The surcharge for registering a dog, cat, or approved wild animal after such license tax has
become delinquent, as referenced in ~5-12 and ~5-40, shall be $10.00.
SECTION 2. Section 37-17 as now existing, and any ordinances or parts of
ordinances in conflict herewith be, and hereby are, repealed.
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Approved as to Form T ~
November 24, 1998 ... City Attorney
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ORDINANCE NO. 8426 (Cont.)
Enacted: November 23, 1998.
Attest:
- 2 -
Approved as to Form D
November 24, 1998 Deity Attorney
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ORDINANCE NO. 8427
An ordinance to amend Chapter 33 of the Grand Island City Code; to amend
Sections 33-1, 33-4, 33-5, and 33-9 pertaining to allow for administrative subdivision
regulations; to add Section 33-8.1 pertaining to administrative regulations for subdivisions; to
repeal Sections 33-1, 33-4, 33-5, and 33-9 as now existing, and any ordinance 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. Section 33-1 of the Grand Island City Code is hereby amended to
read as follows:
~33-1. Definitions
Allev: A tract of land, dedicated to public use, which affords a secondary means of vehicular access to the
back or the side of properties otherwise abutting on a street.
Block: A tract of land which has been designated as such on a plat for description purposes.
City Council. Ow Administrator. Mayor. Director of Utilities Overations. Public Works Director.
Planning Commission. Director of Planning. Ow Treasurer. City Clerk: The respective official or officials of, or
empowered to act for, the City of Grand Island, Nebraska.
Comvrehensive Develovment Plan: The plan or series of plans for the future development of the City
recommended by the Planning Commission and adopted by the City Council.
Cul-de-sac: A street having one end open to traffic and being terminated by a vehicular turn-around.
Easement: A grant by the property owner to the public, a corporation, or persons of the use of a tract of
land for a specific purpose or purposes.
Grading Plan: A drawing of a proposed subdivision with plans and specifications for grading which is
intended to represent the layout which will be approved for construction by the Planning Commission and the City
Council.
Imvrovements: Changes and additions to land necessary to prepare it for building sites, and including street
paving and curbing, grading, survey, monuments, drainage ways, sewers, fire hydrants, water mains, sidewalks,
pedestrian ways, and other public works and appurtenances.
Landscaped: Landscaping improvements which include but are not limited to screen plantings, lawn area,
pools, trees, shrubs, fences, and walls. Crushed rock, gravel, bark chips, etc., shall not substitute for lawn area.
Landscaping shall be provided within two years of issuance of occupancy permit for the principal structure on each
lot, and thereafter be properly maintained.
Lot: A tract of land which is a portion of a subdivision, or other parcel of land, intended as a unit for
transfer of ownership or for development.
Owner: Individual, firm, association, syndicate, or corporation having sufficient proprietary interest in the
land sought to be subdivided to commence and maintain such proceedings.
Pedestrian Wav: A tract of land dedicated to public use, which cuts across a block to facilitate pedestrian
access to adjoining streets or properties.
Approved as to Form T ~
November 24, 1998 A ity ttorney
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ORDINANCE NO. 8427 (Cont.)
Plat. Final: A map drawn to scale from an accurate survey and including items set forth herein, along with
all certificates and statements set forth herein for the purpose of recording as a subdivision of land.
Preliminarv Study: A drawing of a proposed subdivision to be approved by the Planning Commission and
City Council before proceeding with a fmal plat.
Revlat. Resubdivision: A plat representing land which has previously been included in a recorded plat.
Street: A tract of land, dedicated to public use, which affords a primary means of access to the abutting
property .
Street. Arterial: A street of considerable continuity connecting various sections of the City, designated as
an arterial street on the official street plan of the City.
Street. Collector: A street which carries traffic from a local street to an arterial street or regional arterial
street designated as a collector street on the official street plan of the City.
Street. Local: A street which is used primarily for access to the abutting properties.
Street. Frontage: A street which is approximately parallel to and adjacent to or part of a controlled access
street and provides access to the abutting properties on one side only and protection from through traffic.
Subdivider or Developer: Any person, partnership, group, corporation, or other entity acting as a unit, or
any agent thereof, dividing land so as to constitute a subdivision as defmed herein.
Subdivision: The division of a lot, tract, or parcel of land into two or more parts for the purpose, whether
immediate or future, of transfer of ownership or building development.
Subdivision. Administrative: The re-subdivision of existing subdivided lots and blocks, involving the
adjustment of existing lot boundaries or the consolidation of lots, in a manner consistent with zoning ordinance
requirements concerning minimum area and dimensions of lots; but not creating additional lots nor necessitating the
dedication of additional public rights-of-way or easements.
Water Course. Drainage Wav. Channel or Stream: A current of water usually flowing in a defmite channel,
having a bed and side or banks, and discharging itself into some other stream or body of water.
SECTION 2. Section 33-4 of the Grand Island City Code is hereby amended to
read as follows:
~33-4. Division of Platted Lots
For subdivisions or resubdivisions having one or more of the following characteristics, the public works
director and the director of planning shall have the power to waive any or all portions of the preliminary study
requirements and procedure:
(1) Where the subdivision involves the creation of not more than two new building lots and does not
involve the dedication of a full width street or is not part of a larger tract intended for future development;
(2) Where the subdivision involves the creation of not more than one new building lot which exceeds
20,000 square feet in size and has access to a public road;
(3)Where the subdivision involves the replatting of existing lots and results in the creation of
additional building lots, or involves an administrative subdivision.
SECTION 3. Section 33-5 of the Grand Island City Code is hereby amended to
read as follows:
~33-5. Approval Necessary
No plat, subdivision, or administrative subdivision shall be recorded in the Register of Deeds Office, Hall
County, Nebraska, until all provisions and approvals set forth in these regulations have been met.
- 2 -
Approved as to Form 0 C.(l1.5
November 24, 1998 0 City Attorney
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ORDINANCE NO. 8427 (Cont.)
SECTION 4. Section 33-8.1 of the Grand Island City Code is hereby added to
read as follows:
~33-8.1 Final Plat-Administrative Subdivision
(1) The subdivider shall prepare and file with the Director of the Planning Commission, three (3) copies of
the proposed administrative subdivision fmal plat.
(2) At the time of filing of the administrative subdivision final plat with the Planning Director, the
subdivider shall pay to the city treasurer, a nominal filing fee as provided by a fee schedule approved by the
Regional Planning Commission and City Council. Such fee shall not be refundable, unless the administrative
subdivision final plat is withdrawn by the subdivider prior to consideration by the Planning Director.
(3) The administrative subdivision final plat shall be prepared in accordance with fmal plat requirements
specified and set forth in Section 33-8(6), excepting subsections (m) and (0). A place of certification to be signed by
the Planning Director shall also be provided.
(4) The Planning Director shall examine the administrative subdivision fmal plat as to its compliance with
the Zoning ordinance, Subdivision ordinance and Building Code of the City. If the Planning Director finds that the
administrative subdivision fmal plat has been prepared and submitted in compliance with the aforementioned
ordinances, the Planning Director shall approve such plat. If the Planning Director finds that the proposed plat does
not qualify for approval as an administrative subdivision final plat, the Planning Director shall return the proposed
plat to the subdivider, without an approval.
(5) Upon approval of the administrative subdivision final plat, the subdivider shall, within twelve (12)
months, furnish the following departments the data as shown below or such approval shall become null and void:
(a) Register of Deeds
(i) Approved administrative subdivision final plat
(ii) Protective covenants, restrictions and conditions, if any.
(b) City Clerk
(i) Print of approved administrative subdivision final plat.
(c) Public Works Director
(i) Reproducible of administrative subdivision final plat.
SECTION 5. Section 33-9 of the Grand Island City Code is hereby amended to
read as follows:
~33-9. Procedure
No approved fmal plat shall be released by the city clerk until a subdivision agreement shall have been
entered into between the subdivider and the City. Approval of an administrative subdivision shall not be contingent
upon the requirement of a subdivision agreement between the subdivider and the City. The city attorney shall
prepare such agreement with assistance of the director of Planning, the public works director, and the director of
utilities operations. The agreement shall provide for the needs of the subdivision, including but not limited to
pavement, water mains, sanitary sewers, storm sewers, sidewalks, grading, waste treatment, and open space
requirements. Security may be required to assure performance under the agreement.
SECTION 6. Section 33-1, 33-4, 33-5, and 33-9 as now existing, and any
ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed.
- 3 -
I Approved as to Form 0
November 24, 1998 0 City Attorney
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ORDINANCE NO. 8427 (Cont.)
SECTION 7. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law, and on January 1, 1999.
Enacted: November 23, 1998.
~
Ken ~Mayor
Attest:
~tin~
- 4 -
Approved as to Form 0
November 24, 1998 0 City
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ORDINANCE NO. 8428
An ordinance to directing and authorizing the conveyance of property to Nebraska
Truck Center, Inc., a Nebraska corporation; providing for the giving of notice of such
conveyance and the terms thereof; providing for the right to file a remonstrance against such
conveyance; providing 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. The conveyance to NEBRASKA TRUCK CENTER, INC., a
Nebraska corporation, of a tract of land located in part of the Southwest Quarter of the Southwest
Quarter (SW Y-i SW Y-i) Section Five (5), Township Ten (10) North, Range Nine (9) West of the
6th P.M., Grand Island, Hall County, Nebraska, being more particularly described as follows:
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Beginning at the northwest comer of Brennan Subdivision in the City of
Grand Island, NE; Thence easterly on an assumed bearing, S88036'1l"E,
a distance of One thousand One Hundred Ninety-seven and six
Hundredths (1,197.06) feet, to a point Twenty Three and Forty-two
hundredths (23.42) feet west of the east line of the Southwest Quarter of
the Southwest Quarter (SW lf4 SW Y-i ) Section Five (5), Township Ten
(10) North, Range Nine (9) West of the 6th P.M., Grand Island, Hall
County, Nebraska; Thence northerly, NOoo16'02"E, parallel with the east
line of said Southwest Quarter of the Southwest Quarter (SW Y-i SW Y-i ), a
distance of Forty Five and Fifty hundredths (45.50) feet; Thence westerly
N88036'1l"W, a distance of One thousand One Hundred Ninety-six and
Seventy-five Hundredths (1,196.75) feet to a point on the easterly right-of-
way line of U.S. Highway 281 & 34; Thence southerly along the easterly
right-of-way line of said U.S. Highway 281 & 34, SOoo39'10"W, a
distance of Forty Five and Forty-nine hundredths (45.49) feet to the
northwest comer of said Brennan Subdivision, being the said point of
beginning.
SECTION 2. The consideration for such conveyance shall be Three Thousand
I Nine HWldred Fifty Six Dollars and Twenty Five Centers ($3,956.25) per acre. Conveyance of
Approved as to Form 0
November 19, 1998 0 City Attorney
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ORDINANCE NO. 8428 (Cont.)
the real estate above described shall be by warranty deed, upon payment of the consideration
pursuant to the terms and conditions of an Agreement for Warranty Deed between the parties.
SECTION 3. As provided by law, notice of such conveyance and the terms
thereof shall be published for three consecutive weeks in the Grand Island Independent, a
newspaper published for general circulation in the City of Grand Island. Immediately after the
passage and publication of this ordinance, the City Clerk is hereby directed and instructed to
prepare and publish said notice.
SECTION 6. Authority is hereby granted to the electors of the City of Grand
Island to file a remonstrance against the conveyance of such within described real estate; and if a
remonstrance against such conveyance signed by registered voters of the City of Grand Island
equal in number to thirty percent of the registered voters of the City of Grand Island voting at the
last regular municipal election held in such City be filed with the City Council within thirty days
of passage and publication of such ordinance, said property shall not then, nor within one year
thereafter, be conveyed.
SECTION 7. The conveyance of said real estate is hereby authorized, directed
and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make,
execute and deliver to Nebraska Truck Center, Inc., a warranty deed for said real estate, and the
execution of such deed is hereby authorized without further action on behalf of the City Council.
SECTION 8. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
- 2 -
Approved as to Form 0 ~
November 19, 1998 0 City Attorney
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ORDINANCE NO. 8428 (Cont.)
Enacted: November 23, 1998.
Attest:
- 3 -
Approved as to Form 0
November 19, 1998 0 City Attorney
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ORDINANCE NO. 8430
An ordinance to amend Chapter 22 of the Grand Island City Code; to amend
Sections 22-13, 22-14, and 22-15 pertaining to motor vehicle registration and registration plates;
to repeal Sections 22-13, 22-14, and 22-15 as now existing, and any ordinance 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. The Mayor and City Council hereby find as follows in connection
with this ordinance:
(A) Unlicensed and unregistered motor vehicles and trailers are detrimental to the
health, safety and welfare of the inhabitants of the City of Grand Island because the majority of
such vehicles are uninsured, are not financially responsible and cannot bear the risks associated
with operating and parking on the City's highways, streets, alleys, and public parking lots owned
by the City.
(B) By failing to pay motor vehicle taxes, unregistered and unlicensed motor
vehicles and trailers do not bear their share of the costs of constructing, repairing and
maintaining the City's highways, streets, alleys, and public parking lots owned by the City and
require the Grand Island Police Department to allocate manpower and resources to enforce the
City Code governing unregistered and unlicensed motor vehicles and trailers and that the
foregoing costs are then borne by other citizens of the community through increased taxes to the
detriment of their welfare.
.. /' AJ--;-
Approved as to Form . ~
December 22, 1998 ... City Attorney
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ORDINANCE NO. 8430 (Cont.)
(C) The enforcement of the City Code governing unregistered and unlicensed
motor vehicles and trailers is a burden on the manpower and resources of the Grand Island City
Attorney's office and the Hall County Court and that the foregoing costs are then borne by other
citizens of the community through increased taxes to the detriment of their welfare.
SECTION 2. Section 22-13 of the Grand Island City Code is hereby amended to
read as follows:
~22-13. Motor Vehicle Registration; General
(1) It shall be unlawful for any person to park or operate a motor vehicle or trailer upon a highway, street, or alley
within the City or public parking lot owned by the City without having registered the motor vehicle or trailer in
compliance with the motor vehicle registration statutes of the State of Nebraska.
(2) The registration certificate for a motor vehicle shall at all times be carried in or upon the motor vehicle, and it
shall be unlawful to fail to exhibit the registration certificate for inspection upon the request of a police officer.
SECTION 3. Section 22-14 ofthe Grand Island City Code is hereby amended to
read as follows:
~22-14. Registration Plates; Motor Vehicles
(1) It shall be unlawful to park or operate a motor vehicle or trailer upon any highway, street or alley
within the City or public parking lot owned by the City without having attached thereto the registration plates
furnished by the State or County in connection with the Motor Vehicle Registration statutes of the State of
Nebraska. Where two registration plates are issued, one shall be prominently displayed at all times on the front and
one on the rear of the registered vehicle; when only one plate is issued it shall be prominently displayed on the rear
of the registered vehicle, except for truck-tractors upon which is shall be prominently displayed on the front thereof.
The registered plate issued for a motorcycle shall be attached to the rear thereof. Registration plates shall be securely
fastened in an upright position to the motor vehicle so as to prevent such plate from swinging, and so as to be at a
minimum distance of sixteen inches from the ground.
(2) It shall be unlawful to operate a motor vehicle if the registration plates are displayed in a manner
inconsistent with the requirements of this section.
(3) This section shall not apply to mopeds.
SECTION 4. Section 22-15 of the Grand Island City Code is hereby amended to
read as follows:
~22-15. Motor Vehicle Registration Plates; Trailers
Any motor vehicle or trailer parked or operated upon any highway, street, or alley within the City or public
parking lot owned by the City in violation of s22-13 and s22-14 of this Code is declared detrimental to the health,
safety or welfare of the inhabitants of this City and shall be deemed a public nuisance, subject to removal and
impoundment by the Police Department pending compliance with the motor vehicle registration statutes ofthe State
- 2 -
Approved as to Form ...
December 22, 1998 ... City Attorney
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ORDINANCE NO. 8430 (Cont.)
of Nebraska or forfeiture. The cost of removal and impoundment shall be paid by the owner of the motor vehicle or
trailer prior to release from impoundment.
SECTION 5. Sections 22-13, 22-14, and 22-15 as now existing, and any
ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 6. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: December 21, 1998.
Ken~
Attest:
- 3 -
Approved as to Form ...
December 22, 1998 ... City
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ORDINANCE NO. 8431
An ordinance to amend Chapter 17 of the Grand Island City Code; to amend
Sections 17-1, 17-27, and 17-29 pertaining to the acceptance of special waste at the Grand Island
Landfill and Transfer Station; to add Section 17-33.1 establishing procedures for exclusion of
burn barrels/hot ashes; to repeal Sections 17-1, 17-27, and 17-29 as now existing, and any
ordinance or parts of ordinances in conflict herewith; and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MA YOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 17-1 of the Grand Island City Code is hereby amended to
read as follows:
~17-1. Definitions
For the purposes of this chapter, the following words and phrases shall have the following meanings:
City Solid Waste Disposal Svstem. The City solid waste disposal system shall mean and include the City-
operated sanitary landfill, the City-operated transfer station, and the City-operated compost site.
Comvost. Compost shall mean the end product of an aerobic degradation process of yard and garden waste.
Approved backyard composting site shall mean one which uses only composting materials as defined herein.
Dead Animals. These words shall mean all small animals such as cats, dogs, and rabbits, which die from
any cause. They shall in no way mean large animals such as goats, horses, mules and cows which shall die from any
cause.
Detachable container. A detachable container is a container of the size approved by the Department of
Health that can be lifted and dumped by a collection truck mechanism.
GarbaJ!e. This word shall be held to include every accumulation of animal, fruit or vegetable food waste
generated by or resulting from the decay, deterioration, storage, preparation or handling of any animal and vegetable
matter in any place or at any point where food is prepared for human consumption, including all kitchen and dining
room refuse produced by households, hotels, restaurants, lunch rooms, clubs, hospitals, schools, stores, warehouses,
cold storage plants, creameries, bakeries, or any other source whatsoever existing in the City.
Litter. Litter shall include, but not be limited to: (i) Trash, rubbish, refuse, garbage, paper, rags, and ashes;
(ii) wood, plaster, cement, brick, or stone building rubble; (iii) grass, leaves, and worthless vegetation; (iv) offal and
dead animals; and (v) any machine or machines, vehicle or vehicles, or parts of a machine or vehicle which have lost
their identity, character, utility, or serviceability as such through deterioration, dismantling, or the ravages of time,
are inoperative or unable to perform their intended functions, or are cast off, discarded, or thrown away or left as
waste, wreckage, or junk. .
Minimum Service Collection. A minimum service collection in a residential district shall mean not more
than one full 32 gallon garbage can or any number of full baskets, boxes, sacks, or bundles equal in volume to but
not exceeding one 32-gallon garbage can. The weight of such collection shall not exceed 50 pounds. Such minimum
service collection shall be on a once-a-week basis.
Refuse. This word shall be held to include the waste material from normal households or living conditions
and business operations other than garbage, but the term shall not include waste materials from building construction
or repair, factory wastes, or refuse from industrial plants of any character. In general, the kinds of materials
Approved as to Form T ~
December 22, 1998 ... City ttorney
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ORDINANCE NO. 8431 (Cont.)
classified as refuse are paper, rags, bottles, tin cans, bottle caps, cardboard, womout clothing or furniture, household
appliances, excelsior, garden or tree trimmings, and similar materials.
Regular Collection. A collection in a residential district shall mean not more than three full thirty-two
gallon garbage cans, or two full thirty-two gallon cans and any number of full baskets, boxes, sacks, or bundles
equal in volume to not exceeding one thirty-two gallon garbage can. A regular collection shall be on a twice-a-week
basis.
Special Waste. A solid waste, except waste which is regulated as a hazardous waste, which possesses
physical, chemical, or biological characteristics that make it different from general household, or construction and
demolition waste, and which requires special handling, treatment, or disposal methodologies in order to protect
public health, safety, and the environment.
Waste material. This word shall be held to include all items, objects, or material not included within the
defmition of garbage, litter, dead animals, yard waste, or refuse as well as petroleum oils, greases, solvents, and
fuels, insecticides, herbicides, chemical waste, hazardous materials, or any materials similar to those listed herein.
Yard Waste. Yard waste shall mean grass and leaves and shall not include other yard debris such as tree
limbs and brush.
SECTION 2. Section 17-27 of the Grand Island City Code is hereby amended to
read as follows:
~17-27. Landfill Site
The City of Grand Island shall provide suitable landfill or transfer station areas for the disposal of garbage
and refuse. All garbage and refuse collectors licensed by the City of Grand Island shall deposit all garbage and
refuse collected in such areas. It shall be unlawful, except as set forth herein, to unload or deposit any garbage,
refuse, yard waste and the contents of privy vaults and cesspools hauled from any premises within the corporate
limits of the City of Grand Island, and destined for disposal within the State of Nebraska, at any place other than the
approved disposal site designated as the landfill or transfer station areas provided by the City of Grand Island. All
garbage and refuse lawfully deposited in City landfill areas shall become the property of the City of Grand Island.
SECTION 3. Section 17-29 of the Grand Island City Code is hereby amended to
read as follows:
~17-29. Fees
(A) All persons who dispose of Municipal Solid Waste at the City transfer station, or the Grand Island
Regional landfill when permitted, shall pay to the City for such dumping privileges, for each load, an amount as
follows:
Transfer Station
(1) Municipal Solid Waste:
A. In County... ... ... ...... .................... $ 9AO/cubic yard; $4.70 minimum charge
B. Out-Countylong term.................... $14.l0/cubic yard; $7.05 minimum charge
C. Out-County (short term).................. $18.80/cubic yard; $9040 minimum charge
An additional charge of $2.50 per cubic yard shall apply when the delivering vehicle is not properly equipped
or the load is not completely covered, or otherwise contained or securely fastened as required by this chapter
or other applicable laws. Penalty provision applies to all loads.
(2) Tires:
A. $3.25 per passenger car tire
$13.25 per passenger car tire - mounted
B. $10.00 per truck tire
$25.00 per truck tire - mounted
-2-
Approved as to Form T CI3l5
December 22, 1998 .. City Attorney
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ORDINANCE NO. 8431 (Cont.)
C. $25.00 per implement tire
$50.00 per implement tire ~ mounted
(3) Yard Waste, Clean Trees & Branches
A. Yard Waste*: Clean grass, leaves, other compostable yard
and garden wastes (Free of trash and debris. All plastic bags
to be removed by hauler)......... ... '" ...... ... ... ... ... ... ...... $5.00cy; $2.50 minimum
B. Clean Trees & Branches*: Limbs, whole trees 10" or less in
diameter, no trash or debris....................... $2.50cy; $1.25 minimum
*Non-compostable wastes, large stumps, and all other acceptable solid waste subject to general solid waste
disposal charges.
(4) Special Waste Disposal Rates
Special wastes as defined in 917-1 and so designated by the Solid Waste Superintendent or his/her designee as
requiring additional handling due to disposal method and/or operational considerations shall be charged at two
(2) times the applicable in-county or out-county rate. Due to the additional handling necessary to process the
disposal of special waste, no special waste will be accepted within one hour of the end of the working day,
Landfill
(5) Municipal Solid Waste:
A. In County....................................... $ 6.25cy
B. Out-County (long term)... ." ... ......... .... 9 AOcy
C. Out-County (short term)..................... $12.50 cy
An additional charge of $2.50 per cubic yard shall apply when the delivering vehicle is not properly
equipped, or the load is not completely covered, or otherwise contained or securely fastened as required by
this chapter or other applicable laws. Penalty provision applies to all loads.
**No special waste (i.e., asbestos, contaminated soils, etc.) accepted from short term contract holders.
(6) Special Waste Disposal Rates:
A. Fuel Contaminated Soils: Requires Nebraska Dept of Environmental Quality pre-approved and notification
to landfill as follows:
In County. . . .. . . . . .. . . . . . .. . . . . . . .. . .. . .. ..
Out-County (long term)..................
Out-County (short term).................
$15.00 cy; $15.00 minimum
$25.00 cy; $25.00 minimum
$30.00 cy; $30.00 minimum
B. Asbestos (ACM): Will require Nebraska Dept of Environmental Quality pre-approval and notification to
landfill. Disposal only during scheduled hours. Haulers shall use same equipment and procedures at disposal
area as required for removal procedures. ACM shall be in approved condition and/or containers. (Conditions
subject to change as required by federal, state, or local rules and regulations.)
In County ...... .................................. $45.00 cy; $45.00 minimum
Out-County (long term) ........... ............. $67.50 cy; $67.50 minimum
Out-County (short term)...... ... ... ... '" ...... $90.00 cy; $90.00 minimum
C. Special Waste Disposal Rates. Special wastes as defmed in 917-1 and so designated by the Solid Waste
Superintendent or his/her designee as requiring additional handling due to disposal method and/or operational
considerations shall be charged at two (2) times the applicable in-county or out-county rate. Due to the
additional handling necessary to process the disposal of special waste, no special waste will be accepted within
one hour ofthe end of the working day.
(7) Street Sweepings: $3.50 per cubic yard
No Municipal Solid Waste shall be accepted from outside of Hall County until an agreement is approved by the
Solid Waste Agency covering the receipt of same.
(B) The fees set forth in subsection (A) above in excess of the stated minimums shall be calculated at a rate
based upon the capacity of the hauling vehicle as determined by the persons in charge of the transfer station and
landfill and not upon the actual amount of refuse; provided, that partial loads may be charged as follows.
- 3 -
Approved as to Form T C(l/
December 22, 1998 .. City Attorney
I
I
I
ORDINANCE NO. 8431 (Cont.)
(1) Amounts contained within less than 50 percent of vehicle's cargo area: 50% of base fee for
rate capacity;
(2) Amounts contained within less than 75 percent but more than 50 percent of the vehicle's
cargo area: 75% of base fee for rate capacity;
(3) Amounts contained within less than 100 percent but more than 75 percent of the vehicle's
cargo area: the base fee for rated capacity;
(4) It shall be the responsibility of the hauler to demonstrate which loads qualify for a rate less
than the full rate, but the determination of the rate to be charged shall be made by the transfer
station or landfill attendant, and borderline cases shall be resolved in favor of the higher rate.
(C) If full payment is not received within thirty (30) days from the date of the statement, a late payment
charge shall be assessed. This charge shall be one percent (1 %) per month of the unpaid balance.
(D) The above fees may be waived by order of the mayor when, in the discretion of the mayor, the public
health, safety, and welfare of the community would be enhanced by the waiving of such fees because of city-wide or
district cleanup or improvement campaigns, or because of fire, flood, tornado, or other event, or series of events,
causing extensive damage to the homes and property of the residents of the City of Grand Island.
This section shall not be construed to permit the mayor to waive fees for garbage and refuse licensees under
this chapter, disposing of garbage, refuse and waste materials for hire at the City transfer station or sanitary landfill
in the normal course of their business.
SECTION 4. Section 17-33.1 shall be added to the Grand Island City Code to
read as follows:
!}17-33.1. Burn Barrels; Fireplace Ashes; Acceptance of
The senior operator on duty at the Grand Island Solid Waste facilities (landfill and transfer station) shall, at
hislher sole and absolute discretion, have the right to refuse bum barrels or fireplace ashes if in hislher judgment,
based upon the time of day as relating to the time of closing of said facilities, such disposal will create the potential
of fITes.
SECTION 5. Sections 17-1, 17-27, and 17-29 as now existing, and any
ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 6. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: December 21, 1998.
adt, Mayor
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-'0,. Approved as to Form T
p~cember 22, 1998 ... City Attorney
I
ORDINANCE NO. g432
An ordinance to amend Ordinance No. 8406 known as the Salary Ordinance
which lists the currently occupied classifications of officers and employees of the City of Grand
Island, Nebraska and establishes the ranges of compensation of such officers and employees; to
amend the salary ranges for employees included under the IAFF labor agreement; to amend the
provisions for uniform allowances; to repeal Ordinance No. 8406, any ordinance or parts of
ordinances in conflict herewith; to provide for severability; to provide for the effective date
thereof; and to provide for publication of this ordinance in pamphlet form.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The currently occupied classifications of officers and general
I employees of the City of Grand Island, and the ranges of compensation (salary and wages,
excluding shift differential as provided by contract) to be paid for such classifications, and the
number of hours and work period which certain officers and general employees shall work prior
to overtime eligibility are as follows:
Classification
Bi- Weekly Pay Range
MinIMax
I
Accountant
Accounting Manager
Accounting Technician - Solid Waste
Accounting Technician - Streets
Accounting Technician - WWTP
Administrative Assistant - Finance
Administrative Assistant - Public Works
Administrative Assistant - Utilities
Assistant Finance Director
Assistant Public Works Director
1081.60/1522.40
1324.00/1863.20
844.80/1188.80
844.80/ 1188.80
844.80/ 1188.80
934.40/ 1315.20
934.40/1315.20
934.40/1315.20
1455.20/2047.20
1498.40/2108.00
Overtime
Eligibility
Exempt
Exempt
40 hrs/week
40 hrs/week
40 hrs/week
40 hrs/week
40 hrs/week
40 hrs/week
Exempt
Exempt
Approved as to Form T ~
December 22, 1998 .... City A torney
I ORDINANCE NO. 8432 (Cont.)
Classification Bi-Weekly Pay Range Overtime
MinIMax Eligibility
Assistant Utility Director 1922.40/2704.80 Exempt
Attorney 1491.20/2097.60 Exempt
Audio-Visual Technician 959.20/1349.60 40 hrs/week
Biosolids Technician 823.20/ 1157.60 40 hrs/week
Building Clerk 667.20/939.20 40 hrs/week
Building Secretary* 756.00/1068.80 40 hrs/week
Building Inspections Director 1560.00/2195.20 Exempt
Building Inspector 1034.40 / 1456.00 40 hrs/week
Cemetery Superintendent 1076.80/1515.20 Exempt
City Administrator 2554.40/3595.20 Exempt
City Attorney 1959.20/2756.80 Exempt
Civil Engineer - Utilities 1491.20/2097.60 Exempt
Civil Engineer I 1091.20/1535.20 Exempt
Civil Engineer II 1292.00/1818.40 Exempt
I Code Compliance Officer 880.00/ 1238.40 40 hrs/week
Collection System Supervisor 1015.20/1428.80 40 hrs/week
Communications Supervisor 892.00/ 1255.20 Exempt
Community Development Director 1441.60/2028.00 Exempt
Community Development Technician* 756.00/ 1120.80 40 hrs/week
Custodian 631.20/ 888.00 40 hrs/week
Data Processing Manager 1491.20/2097.60 Exempt
Data Processing Supervisor 1081.60/1522.40 Exempt
Deputy Fire Chief 1484.00/2088.00 Exempt
Deputy Police Chief 1551.20/2182.40 Exempt
Downtown Development Director 1441.60 /2028.00 Exempt
Downtown Development Secretary 756.00/1063.20 40 hrs/week
Electric Distribution Superintendent 1714.40/2412.00 Exempt
Electric Distribution Supervisor 1449.60/2040.00 40 hrs/week
Electric Underground & Substation Superintendent 1527.20/2148.80 Exempt
I Electrical Engineer I 1252.00/ 1762.40 Exempt
Electrical Engineer II 1449.60/2040.00 Exempt
Electrical Inspector 1034.40/1456.00 40 hrs/week
- 2 - Approved as to Form ...
December 22, 1998 ... City ttorney
I ORDINANCE NO. 8432 (Cont.)
Classification Bi- Weekly Pay Range Overtime
MinIMax Eligibility
Emergency Management Coordinator 816.00/1148.80 40 hrs/week
Emergency Management Director 1560.00/2195.20 Exempt
Engineering Technician Supervisor 1200.80/1689.60 Exempt
Equipment Operator 775.20/ 1091.20 40 hrs/week
Executive Assistant - Administration 934.40/1315.20 40 hrs/week
Finance Secretary 756.00/1063.20 40 hrs/week
Finance Director 1959.20/2756.80 Exempt
Fire Chief 1764.00/2482.40 Exempt
F ire Marshal 1389.60/1955.20 Exempt
Fire Training Officer 1389.60/1955.20 Exempt
Garage Superintendent 1141.60/1607.20 Exempt
Golf Course Superintendent* 1175.20/1845.69 Exempt
Grounds Management Crew Chief 914.40/1287.20 40 hrs/week
Legal Assistant 1000.00/1407.20 40 hrs/week
I Legal Secretary 812.00/1142.40 40 hrs/week
Librarian 964.00/ 1356.80 Exempt
Library Assistant 665.60/936.80 40 hrs/week
Library Clerk 531.20/747.20 40 hrs/week
Library Director 1521.60/2140.80 Exempt
Library Page* 412.00/654.92 40 hrs/week
Library Secretary 756.00/1063.20 40 hrs/week
Maintenance Mechanic I 786.40/ 1106.40 40 hrs/week
Maintenance Mechanic II 882.40/1241.60 40 hrs/week
Maintenance Worker I 715.20/1005.60 40 hrs/week
Maintenance Worker II 752.00/1058.40 40 hrs/week
Meter Reading Supervisor 932.80/1312.00 Exempt
Office Manager - Police Department 946.40/ 1332.00 40 hrs/week
Paramedic Supervisor 1389.60/1955.20 Exempt
Parks and Recreation Director 1638.40/2305.60 Exempt
I Parks and Recreation Secretary 756.00/ 1063.20 40 hrs/week
Parks Maintenance Superintendent 1141.60/1607.20 Exempt
Payroll Specialist 864.80/1216.80 40 hrs/week
- 3 - Approved as to Form T
December 22, 1998 ... City ttorney
I ORDINANCE NO. 8432 (Cant.)
Classification Bi-Weekly Pay Range Overtime
MinIMax Eligibility
Personnel Director 1560.00/2195.20 Exempt
Personnel Specialist 864.80/1216.80 40 hrs/week
Plumbing Inspector 1034.40/1456.00 40 hrs/week
Police Chief 1803.20/2536.80 Exempt
Police Records Clerk 686.40/965.60 40 hrs/week
Power Plant Maintenance Supervisor 1357.60/1909.60 Exempt
Power Plant Operations Supervisor 1426.40/2007.20 Exempt
Power Plant Superintendent - Burdick 1426.40/2007.20 Exempt
Power Plant Superintendent - PGS 1690.40/2378.40 Exempt
Public Information Officer 870.40/ 1224.80 40 hrs/week
Public Information/Records Management Director 1291.20/1816.80 Exempt
Public Information/Records Management Secretary* 756.00/ 1122.40 40 hrs/week
Public Safety Secretary* 756.00/ 1236.80 40 hrs/week
Public Works Director 1959.20/2756.80 Exempt
I Public Works Secretary 756.00/1063.20 40 hrs/week
Purchasing Technician 756.00/1063.20 40 hrs/week
Recreation Superintendent 1114.40/ 1568.00 Exempt
Senior Civil Engineer 1491.20/2097.60 Exempt
Senior Electrical Engineer 1491.20 / 2097.60 Exempt
Senior Engineering Technician 1060.80/1492.80 40 hrs/week
Senior Equipment Mechanic 937.60/1320.00 40 hrs/week
Senior Equipment Operator 848.80/ 1194.40 40 hrs/week
Senior Library Assistant 734.40/1033.60 40 hrs/week
Senior Maintenance Worker 828.00/1165.60 40 hrs/week
Solid Waste Clerk 667.20/939.20 40 hrs/week
Solid Waste Superintendent 1275.20/ 1794.40 Exempt
Street Superintendent 1275.20/1794.40 Exempt
Street Supervisor 1012.80/1425.60 40 hrs/week
TelecommunicatorlEMD 768.80/1082.40 40 hrs/week
I Turf Management Specialist 1060.80/1492.80 40 hrs/week
Utility Production Engineer 1613.60/2271.20 Exempt
Utility Director 2228.00/3135.20 Exempt
- 4- Approved as to Form T~
December 22, 1998 .... City Pi. torney
I ORDINANCE NO. 8432 (Cont.)
Classification Bi-Weekly Pay Range Overtime
MinIMax Eligibility
Utility Secretary 756.00/1063.20 40 hrs/week
Utility Services Manager 1324.00/1863.20 Exempt
Utility Warehouse Supervisor 1050.40/1478.40 40 hrs/week
Wastewater Engineering/Operations Superintendent 1491.2012097.60 Exempt
Wastewater Plant Maintenance Supervisor 1041.60/1465.60 40 hrs/week
Wastewater Plant Operator I 732.00/1030.40 40 hrs/week
Wastewater Plant Operator II 777.60/1094.40 40 hrs/week
Wastewater Plant Process Supervisor 1068.00/1502.40 40 hrs/week
Wastewater Plant Senior Operator 823.20/1157.60 40 hrs/week
Water Superintendent 1252.00/1762.40 Exempt
Water Supervisor 1068.00/1502.40 40 hrs/week
Worker I Seasonal 412.00/1212.80 Exempt
Worker I Temporary 412.00 40 hrs/week
I Youth Services Coordinator 828.001985.60 Exempt
*Pay Schedule Variation
SECTION 2. The currently occupied classifications of employees of the City of
Grand Island included under the AFSCME labor agreement, and the ranges of compensation
(salary and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
under the AFSCME labor agreement shall work prior to overtime eligibility are as follows:
Classification
Bi-Weekly Pay Range Overtime
MinIMax Eligibility
852.00/1193.60 40 hrs/week
761.60/1066.40 40 hrs/week
759.20/1061.60 40 hrs/week
692.001968.80 40 hrs/week
- 5 - Approved as to Form : c~ney
December 22, 1998
I
Equipment Mechanic - Garage
Equipment Operator - Streets
Fleet Maintenance Technician
Shop Attendant
I
I
ORDINANCE NO. 8432 (Cont.)
Classification Bi-Weekly Pay Range Overtime
MinIMax Eligibility
Horticulturist 804.80/1109.60 40 hrs/week
Maintenance Worker I - Cemetery 705.60/994.40 40 hrs/week
Maintenance Worker I - Parks 705.60/994.40 40 hrs/week
Maintenance Worker I - Streets 690.40/95 I .20 40 hrs/week
Maintenance Worker II - Cemetery 755.20/1046.40 40 hrs/week
Maintenance Worker II - Streets 734.40/1023.20 40 hrs/week
Maintenance Worker II - Parks 750.40/ 1034.40 40 hrs/week
Senior Equipment Operator - Streets 834.40/1148.80 40 hrs/week
Senior Maintenance Worker - Streets 834.40/1148.80 40 hrs/week
SECTION 3. The currently occupied classifications of employees of the City of
Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary
and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
under the IBEW labor agreements shall work prior to overtime eligibility are as follows:
Classification Bi-Weekly Pay Range Overtime
MinIMax Eligibility
Accounting Clerk I 629.60/886.40 40 hrs/week
Accounting Clerk II 694.40/977.60 40 hrs/week
Computer Operator / Systems Technician 765.60/1077.60 40 hrs/week
Computer Programmer 1001.60/1409.60 40 hrs/week
Electric Distribution Crew Chief 1217.60/1712.80 40 hrs/week
Electric Underground & Substation Crew Chief 1217.60/1712.80 40 hrs/week
Engineering Technician I 824.00/ 1159.20 40 hrs/week
Engineering Technician II 1001.60/ 1409.60 40 hrs/week
Instrument Technician 1188.00/1671.20 40 hrs/week
Lineman Apprentice 865.60/1217.60 40 hrs/week
I Lineman First Class 1104.00/1553.60 40 hrs/week
Lineman Second Class 953.60 / 1342.40 40 hrs/week
Materials Handler 1026.40/ 1444.00 40 hrs/week
- 6 - Approved as to Form T~~
December 22, 1998 A Ity Attorney
I
I
I
ORDINANCE NO. 8432 (Cont.)
Classification Bi- Weekly Pay Range Overtime
MinIMax Eligibility
Meter Reader 729.60/1026.40 40 hrs/week
Meter Technician 824.00/1159.20 40 hrs/week
Power Dispatcher I 1077.60/1516.00 40 hrs/week
Power Dispatcher II 1131.20 11592.00 40 hrs/week
Power Plant Custodian 615.20/865.60 40 hrs/week
Power Plant Maintenance Mechanic* 1077.60/1531.16 40 hrs/week
Power Plant Operator I 844.00/1188.00 40 hrs/week
Power Plant Operator II 1131.20 11592.00 40 hrs/week
Senior Accounting Clerk 747.20/1052.00 40 hrs/week
Senior Engineering Technician 1077.60/1516.00 40 hrs/week
Senior Materials Handler 1131.20/1592.00 40 hrs/week
Senior Meter Reader 784.80/1104.00 40 hrs/week
Senior Power Dispatcher 1247.20/1755.20 40 hrs/week
Senior Power Plant Operator 1247.20/1755.20 40 hrs/week
Senior Substation Technician 1188.00/1671.20 40 hrs/week
Senior Utilities Operator 1217.60/1712.80 40 hrs/week
Senior Water Maintenance Worker 886.40/1247.20 40 hrs/week
Substation Technician 1104.00/1553.60 40 hrs/week
Systems Technician 1188.00/1671.20 40 hrs/week
Tree Trim Crew Chief 1104.00/1553.60 40 hrs/week
Utilities Electrician 1104.00/1553.60 40 hrs/week
Utilities Operator 1052.00/1480.00 40 hrs/week
Utility Technician 1188.00/1671.20 40 hrs/week
Utility Warehouse Clerk 784.80/ 1104.00 40 hrs/week
Water Maintenance Worker I 729.60/1026.40 40 hrs/week
Water Maintenance Worker II 784.80/1104.00 40 hrs/week
Wireman I 953.60 11342.40 40 hrs/week
Wireman II 1104.00/1553.60 40 hrs/week
*Pay Schedule Variation
SECTION 4. The currently occupied classifications of employees of the City of
Grand Island included under the FOP labor agreement, and the ranges of compensation (salary
- 7 -
Approved as to Form "
December 22, 1998 ... City ttorney
I
I
I
ORDINANCE NO. 8432 (Cont.)
and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
under the FOP labor agreement shall work prior to overtime eligibility are as follows:
Classification
Bi-Weekly Pay Range
MinIMax
Overtime
Eligibility
40 hrs/week
40 hrs/week
40 hrs/week
Police Captain
Police Officer*
Police Sergeant*
1264.00/ 1779.20
852.80 / 1342.40
1050.40/1519.20
*Pay Schedule Variation
SECTION 5. The currently occupied classifications of employees of the City of
Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary
and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
under the IAFF labor agreement shall work prior to overtime eligibility are as follows:
Classification
Bi- Weekly Pay Range
MinIMax
Overtime
Eligibility
212 hrs/28 days
212 hrs/28 days
212 hrs/28 days
212 hrs/28 days
Fire Captain*
Firefighter / EMT*
Firefighter / Paramedic*
Fire Lieutenant*
1176.12/1654.56
871.56/ 1248.48
960.12/1442.88
1027.08/1445.04
*Pay Schedule Variation
SECTION 6. The currently occupied classifications of officers and employees of
the City of Grand Island within the Planning Department, and the ranges of compensation (salary
and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such officers and
employees within the Planning Department shall work prior to overtime eligibility are as
follows:
- 8 -
Approved as to Form ., ~
December 22, 1998 ~ City ttorney
I
ORDINANCE NO. 8432 (Cont.)
Classification Bi-Weekly Pay Range
MinIMax
Planning Director
Planning Secretary
Planning Technician
1432.08/1815.60
480.00/ 824.00
1114.86/1248.48
Overtime
Eligibility
Exempt
40 hrs/week
40 hrs/week
SECTION 7. The currently occupied classifications of officers and employees of
the City of Grand Island within the Health Department, and the ranges of compensation (salary
and wages) to be paid for such classifications, and the number of hours and work period which
certain such officers and employees within the Health Department shall work prior to overtime
eligibility are as follows:
Classification Bi- Weekly Pay Range Overtime
MinIMax Eligibility
I Community Health Nurse I 698.40/983.20 40 hrs/week
Community Health Nurse II 1015.20/1428.80 40 hrs/week
Environmental Health Specialist 1010.40/1421.60 40 hrs/week
Health Clerk 486.40/684.80 40 hrs/week
Health Director 1727.20/2192.80 Exempt
Interpreter 494.40 / 696.00 40 hrs/week
Lab Scientist 1185.60/1668.00 Exempt
Lab Technician / Administrative Secretary 716.80/1008.80 40 hrs/week
Nutritionist 927.20/1304.00 40 hrs/week
Public Health Educator 1185.60/1668.00 Exempt
Seasonal Worker(s)* 412.00/1309.60 40 hrs/week
Temporary Worker 412.00 Exempt
WIC Director 1004.00/1412.80 40 hrs/week
*Pay Schedule Variation
SECTION 8. The classification of employees included under labor agreements
I
with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift
differential as provided by contract) to be paid for such classification, and the number of hours
- 9-
Approved as to Form T
December 22, 1998 ... City Attorney
I
I
I
ORDINANCE NO. 8432 (Cont.)
and work period which certain such employees shall work prior to overtime eligibility area as
stated above. All full-time fire fighters and police officers shall be paid a clothing and uniform
allowance in addition to regular salary. The range of this allowance is $76 to $80 per month.
Full-time police officers may also receive a reimbursement toward the purchase of body armor,
not to exceed $400, and an annual bilingual pay stipend, not to exceed $300. Non union
bilingual employees may also receive an annual stipend not to exceed $300. Full-time fire
fighters may receive a one-time uniform acquisition allowance of up to $500 and an annual
stipend for longevity not to exceed $520. If any such fire fighter or police officer shall resign, or
his or her employment be terminated for any reason whatsoever, the clothing allowance shall be
paid on a prorata basis, but no allowance shall be made for a fraction of a month.
Utilities Department personnel in the IBEW bargaining unit and the
classifications of Meter Reading Supervisor, Power Plant Superintendent, Power Plant
Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water
Superintendent, Water Supervisor, Electric Underground and Substation Superintendent, Electric
Underground and Substation Supervisor, and Engineering Technical Supervisor shall be eligible
to participate in a voluntary uniform program providing an allowance up to $18.00 per month.
When protective clothing is required for Utilities Department personnel in the IBEW, the City
shall pay 60% of the cost of providing and cleaning said clothing and the employees 40% of said
cost. Public Works Department personnel in the AFSCME bargaining unit shall be eligible to
participate in a voluntary uniform program providing an allowance up to $18 per month. Full-
time Shop Garage Division personnel in the AFSCME bargaining unit shall receive a uniform
allowance of$12 biweekly. Public Works Department personnel in the job classifications Senior
- 10 -
Approved as to Form ...
December 22, 1998 ... City Attorney
I
ORDINANCE NO. 8432 (Cont.)
Equipment Mechanic, Garage Superintendent, and Equipment Mechanic shall receive a tool
allowance of$lO biweekly.
Parking Monitors may receive a one-time uniform acquisition allowance of $250
upon employment and an annual allowance thereafter of$100.
SECTION 9. Employees shall be compensated for unused sick leave as follows:
(A) For all employees except those covered in the fire department bargaining
agreement, the City will include in the second paycheck in January of each year,
payment for an employee's unused sick leave in excess of 960 hours accrued in
the preceding calendar year. The compensation will be at the rate of one-half
day's pay based on the employee's current pay rate at the time of such
I
compensation, for each day of unused sick leave which exceeds 960 hours accrual
of the preceding year.
For those employees covered in the fire department bargaining agreement,
the City will include in the second paycheck in January of each year, payment for
an employee's unused sick leave in excess of 2,880 hours accrued in the
preceding calendar year. The compensation will be at the rate of one-quarter
day's pay based on the employee's current pay rate at the time of such
compensation, for each day of unused sick leave which exceeds 2,880 hours
accrual of the preceding year.
(B) All employees except those covered in the fire department bargaining
agreement shall be paid for one-half of their accumulated sick leave at the time of
I
their retirement, the rate of compensation to be based on the employee's salary at
the time of retirement. Employees covered in the fire department bargaining
- 11 -
Approved as to Form T
December 22, 1998 ~ City torney
I
I
I
ORDINANCE NO. 8432 (Cont.)
agreement shall be paid for one quarter of their accumulated sick leave at the time
of their retirement, the rate of compensation to be based upon the employee's
salary at the time of retirement.
(C) Department heads shall be paid for one-half of their accumulated sick
leave, not to exceed 30 days of pay, upon their resignation, the rate of
compensation to be based upon the salary at the time of termination.
Compensation for unused sick leave at retirement shall be as provided above.
(D) The death of an employee shall be treated the same as retirement, and
payment shall be made to the employee's beneficiary or estate for one-half of all
unused sick leave.
SECTION 10. The city administrator shall receive a vehicle allowance of $300
per month in lieu of mileage for use of personal vehicle travel within Hall County, payable
monthly.
SECTION 11. Reimbursed expenses which are authorized by Neb. Rev. Stat.
~13-2201, et. seq., the Local Government Miscellaneous Expenditure Act and/or which the
Internal Revenue Service requires to be reflected on an employee IRS Form W-2 at year end, are
hereby authorized as a payroll entry.
SECTION 12. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
SECTION 13. Ordinance No. 8406 and all other ordinances and parts of
ordinances in conflict herewith be, and the same are, hereby repealed.
- 12 -
Approved as to Form "
December 22, 1998 ... City ttorney
I
I
I
ORDINANCE NO. 8432 (Cont.)
SECTION 14. The salary adjustments identified above shall be effective as of
September 28, 1998.
SECTION 15. This ordinance shall be in full force and take effect from and after
its passage and publication in pamphlet form in one issue of the Grand Island Independent as
provided by law.
Enacted: December 21,1998.
tk:~.
Ken Gna , M yor
Attest:
~~Ohn'5n,~
- 13 -
Approved as to Form ~
December 22, 1998 ... City ttorney