1991 Ordinances
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ORDINANCE NO. 7775
An ordinance to amend Chapter 17 of the Grand Island City Code pertaining
to Garbage, Refuse, Waste, and Weeds; to amend Sections 17-1, 17-2, 17-3, 17-4, and 17-5,
and to add Sections 17-4.A, 17-4.B, and 17-4.C to define terms and to provide procedure
for prosecution of failure to remove garbage; to repeal Sections 17-1, 17-2, 17-3, 17-4, and
17-5 as presently existing; 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. Section 17-1 of Chapter 17 of the Grand Island City Code be
and hereby is amended to read as follows:
~17-1. Definitions
For the purposes of this chapter, the following words and phrases shall have the
following meanings:
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.
Dead Anima/s. 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.
Garbage. 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.
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DEC. 9 1991
ORDINANCE NO. 7775 (Contd)
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 in~ended functions, or
are cast off, discarded, or thrown away or left as waste, wreckage, or junk.
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 classed
as refuse are paper, rags, bottles, tin cans, bottle caps, cardboard, worn-out clothing or
furniture, household appliances, excelsior, garden, lawn or tree trimmings, leaves and
similar materials.. ·
Waste material. This word shall be held to include all items, objects, or material not
included within the definition of garbage, dead animals, or refuse.
SECTION 2. Section 17-2 of Chapter 17 of the Grand Island City Code be
and hereby is amended to read as follows:
~17-2. Duty of Department of Health
The Grand Island-Hall County Department of Health is hereby charged with the
duty of enforcing the provisions of this chapter pertaining to the collecting, transporting,
and disposing, by approved methods, of all garbage, litter, refuse and waste materials within
the City. Approved methods of disposal are as follows:
a.
. By delivery to a licensed garbage or refuse collector;
b.
By hauling to the City-operated sanitary landfill transfer station and
dispensing there as directed by the person in charge; provided, that the
transportation conforms to the requirements of ~17-26;
c.
By disposal of garbage in a home garbage disposal unit.
SECTION 3. Section 17-3 of Chapter 17 of the Grand Island City Code be
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ORDINANCE NO. 7775 (Contd)
and hereby is amended to read as follows:
U 7-3. Removal; Duty of Owner
It shall be the duty of every owner, and person in possession, charge, or in control
of any dwelling, flat, rooming house, apartment house, hospital, ,school, hotel, club,
restaurant, boarding house, or eating place, or in possession, in charge, or in control of any
shop, place of business, or manufacturing establishment, where garbage, litter, refuse or
waste material is created, or accumulated, to remove or cause to be removed from the
premises where accumulated such garbage, litter, refuse or waste material.
SECfION 4. Section 17-4 of Chapter 17 of the Grand Island City Code be
and hereby is amended to read as follows:
~ 17-4.A. Litter Prohibited; Public Nuisance
It shall be unlawful and hereby declared a public nuisance to litter or cause litter to
be deposited or remain on any lot or piece of ground within the city or within two miles
of the corporate limits of the city except in proper receptacles.
~17-4.B. Penalty for Violation
Any person violating ~17-4 shall upon conviction be deemed guilty of a
misdemeanor. Each day shall constitute a separate offense and be punishable as provided
in this Code.
~17-4.C. Notice to Remove; Noncompliance with Notice; Procedure
It shall be the duty of the Department of Health in any case where garbage, litter,
refuse, or waste material has been permitted to accumulate, to send a notice to abate and
remove such nuisance to each owner or owner's duly authorized agent, or person in
possession, charge or control, and to the occupant, if any, by personal service or certified
mail. Within five days after receipt of such notice, if the owner or occupant of the lot or
piece of ground does not request a hearing with the city or fails to comply with the order
to abate and remove the nuisance, or if such owner, agent or occupant cannot be notified
by personal service or certified mail, the city council may have such work done. Upon such
action by the city council a bill for the expenses and costs hereinbefore provided shall be
presented to the owner, agent, occupant or person in possession, charge or control of such
real estate for payment within ten days from the date of such bill.
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DEC. G IS21
ORDINANCE NO. 7775 (Contd)
SECTION 5. Section 17-5 of Chapter 17 of the Grand Island City Code be
and hereby is amended to read as follows:
U7-5. Assessment; Levy; Collection
If the costs and expenses of removing litter is not paid within the time provided, the
city council shall, and it is hereby empowered to, levy and assess the costs and expenses of
such work upon the property so benefitted. The same shall be levied on all lots, tracts or
parcels of land to the extent of the special benefits to such real estate, by reason of such
improvement, such benefits to be determined by the city council sitting as a board of
equalization after publication in a newspaper having general circulation in the City and
personal notice at least ten days prior thereto. The assessments so levied shall be a lien
on the property on which levied from the date of levy and shall be due and payable to the
city treasurer thirty days after such levy and shall become delinquent fifty days after such
levy and shall bear interest at the rate of seven percent per annum from the date they
become delinquent; and, at the time of the next certification for general revenue purposes
to the county clerk, if not previously paid, the special taxes shall be certified to the county
clerk and by him be placed upon the tax list and be collected as other real estate taxes are
collected, and be paid over to the city treasurer.
SECfION 6. Sections 17-1, 17-2, 17-3, 17-4, and 17-5 of Chapter 17 of the
Grand Island City Code as heretofore existing, and any other ordinances or parts of
ordinances in conflict herewith, be, and hereby are, repealed.
SECfION 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
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ORDINANCE NO. 7775 (Contd)
Independent as provided by law.
Enacted
December 9, 1991
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~ rnest L. Do es , Mayor
Attest:
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DEC. 9 1991
ORDINANCE NO. 7774
An ordinance to amend Chapter 36 of the Grand Island City Code pertaining
to Zoning; to amend Section 36-13 pertaining to placement of signs in the AG -
Agricultural Zone; to amend Section 36-14 pertaining to placement of signs in the TA -
Transitional Agriculture Zone; to eliminate duplicate provisions for signs; to repeal Sections
36-13 and 36-14 as presently existing; 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. Section 36-13 of Chapter 36 of the Grand Island City Code be
and hereby is amended to read as follows:
~36-13.
AG . Agricultural Zone
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
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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 aU 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.
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ORDINANCE NO. 7774 (Contd)
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 an~a 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 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
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
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DEC. 9 19a1
ORDINANCE NO. 7774 (Contd)
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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.
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 corner lot shall have a setback of 35
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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 of less than
twenty acres per 80 acres for a dwelling unit, provided, such
sale has not been previously exercised on the large tract; and/or
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(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:
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ORDINANCE NO. 7774 (Contd)
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 corner yard shall have a
minimum set back of 30 feet adjacent to both
frontages
Maximum ground coverage - 25%
SECfION 2. Section 36-14 of Chapter 36 of the Grand Island City Code be
a nd hereby is amended to read as follows:
~36-14.
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TA-Transitional Agriculture Zone
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
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DEC. 8 JSG ~
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ORDINANCE NO. 7774 (Contd)
2.
Guest building
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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 foll~wing uses, if approved by the city
council, in accordance with the procedures set forth in Article VIII of this
chapter:
1. Quarters for transient labor
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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
D. Space Limitations:
1. Minimum lot area per dwelling unit: 20,000 square feet
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2. Minimum lot width: 100 feet
3.
Maximum height of building: 35 feet
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ORDINANCE NO. 7774 (Conld)
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6.
Minimum front yard: 30 feet
Minimum rear yard: 25 feet
Minimum side yard: 15 feet; a corner lot shan have a minimum
setback of 20 feet adjacent to the side street
7. Maximum ground coverage: 25%
E. Miscenaneous Provisions:
1. Supplementary regulations shan be complied with as defined herein
2. Only one principal building sqan be permitted on one zoning lot
except as otherwise provided herein
SECTION 3. Sections 36-13 and 36-14 of Chapter 36 of the Grand Island
City Code as heretofore existing and any other ordinance or parts of an ordinance in
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conflict herewith be and hereby is 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 Daily
Independent as provided by law.
Enacted
December 9, 1991
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~~ov. :2 5 1991
ORDINANCE NO. 7773
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An ordinance to amend Chapter 17 of the Grand Island City Code pertaining
to Garbage, Refuse, Waste, and Weed\'; to amend Section 17-29 of Chapter 17 pertaining to
Fees for the City sanitary landfill; to repeal Section 17-29 of the Grand Island City Code
as now existing; 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. Section 17-29 of Chapter 17 of the Grand Island City Code be
and hereby is amended to read as follows:
~17-29. Fees
A.
All persons who dispose of garbage, refuse, and waste materials at the City
transfer station, or the City sanitary landfill when permitted, shall pay to the
City for such dumping privileges, for each load, an amount as follows:
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1. For general refuse, municipal solid waste, and demolition materials:
$5.00 per cubic yard, subject to a minimum charge of $5.00.
A reduced rate of $4.00 per cubic yard, subject to a minimum charge of
$4.00, shall apply when the delivering vehicle is properly equipped and the
load is completely covered or otherwise contained or securely fastened as
required by this chapter or other applicable laws.
2. For tires:
a. $1.35 per passenger car tire
b. $2.35 per truck tire
c. $8.00 per implement tire
3.
For the following for which the hauler has been authorized to haul
directly to the landfill by the director of public works or his designated
agent:
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NOV~. 2 5 1Ggi
ORDINANCE NO. 7773 (Contd)
a.
Street sweepings - $1.50 per cubic yard
b.
Noncompactible rubble - $1.85 per cubic yard
c. Liquid waste, sludge, onion waste, and loads of tires - $2.65 per
cubic yard
d. General refuse and municipal solid waste - $4.00 per cubic
yard.
The fees for garbage, refuse and waste materials brought in from outside of Hall
County and outside the City of Grand Island's zoning jurisdiction shall be twice the amount
provided above. No garbage, refuse, or other waste material shall be accepted from outside
of Hall County until an agreement is approved by the City Council covering the receipt of
same. Said agreement shall provide for indemnification of the City and shall prohibit
delivery of hazardous waste, yard waste, asbestos, tires, liquid waste, sludge, and any waste
requiring special handling in addition to the restrictions otherwise imposed. The existing
agreements with St. Libory, Shelton, and Palmer shall be required to comply with these
provisions from and after January 1, 1992.
B.
The fees set forth in subsection A.I. 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 shaH be made by the transfer station or landfill
attendant, and borderline cases shall be resolved in favor of the higher
rate.
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ORDINANCE NO. 7773 (Contd)
C.
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.
SECfION 2. Section 17-29 of Chapter F of the Grand Island City Code as
heretofore existing, and any other ordinance or part of ordinance in conflict be and hereby
is repealed.
SECfION 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, and on January 1, 1992.
Enacted November 25, 1991
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rnest L. Dobe h, Mayor
Attest:
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NOV. 2 5 1991
ORDINANCE NO. 7772
An ordinance assessing and levying a special tax to pay the cost of construction of
Sidewalk District No.1, 1991, of the City of Grand Island, Nebraska; providing that the
assessments shall be a lien on the property on which levied; providing for the collection of
such special tax; and repealing any provisions of the Grand Island City Code, ordinances
and parts of ordinances in conflict herewith.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
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SEcrION 1. There is hereby assessed upon the following described lots and tracts
of land, specially benefitted, for the purpose of paying the cost of construction of Sidewalk
District No. I, 1991, as adjudged by the City Council, sitting as a Board of Equalization,
to the extent of benefits accruing thereto by reason of such 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 and tracts of land as follows:
descriptions as follows:
NAME
DESCRIPTION
AMOUNT
Ronald & Una Vonbehren
Delmar D & Gwenith J Holz
Peter Rickert
Hall County
Sally Ann Gydesen
Larry D McAhren
Lot 16, Blk 16, University Place
Lot 1, Blk 13, Packer & Barr's Addition
Lot 4, Blk 42, Packer & Barr's Second
Lot 16, Kallos Second Subdivision
Lot 10, Blk 81, Wheeler & Bennett's Fourth
Fr Lots I, 2, 3, & NlIz Vacated Alley,
Blk 3, Fairview Park Addition
$546.48
465.30
444.18
618.42
33.00
$201.96
SECI'ION 2. The special taxes shall become delinquent as follows: One-seventh
of the total assessment shall become delinquent in ten days after such levy; one-seventh in
one year; one-seventh in two years; one-seventh in three years; one-seventh in four years;
one-seventh in five years; one-seventh in six years; provided, however, the entire amount
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NOV. 2 5 199j
ORDINANCE NO. 7772 (Contd)
so assessed and levied against each lot or tract of land may be paid within ten days from
the date of this levy without interest, and the lien of special tax thereby satisfied and
released. Each such installment, except the first, shall draw interest at the rate of seven
percent per annum from the time of levy until the same shall become delinquent. After
the same shall become delinquent, interest at the rate of 14% per annum shall be paid
thereon.
SECTION 3. The Treasurer of the City of Grand Island 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 "Sidewalk Fund" for Sidewalk District No.1, 1991.
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 Daily
Independent as provided by law.
Enacted
November 25, 1991
~d<,j~LJ.-duA-
.-' Ernest L. Do esh, Mayor
Attest:
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NOV. 2 5 1991
ORDINANCE NO. 7771
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An ordinance to amend Chapter 5 of the Grand Island City Code pertaining
to Animals; to amend Sections 5-16, 5-18, and 5-41 of Chapter 5 to include miniature
potbellied pigs as allowable animals within the city limits, with restrictions; to repeal
Sections 5-16, 5-18, and 5-41 as now existing; 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. Section 5-16 pertaining to Enclosures: Requirements of Chapter
5 of the Grand Island City Code be and hereby is amended to read as follows:
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~5-16. Enclosures; Requirements
(a) All enclosures and restraints required by Section 5-15 which are used to
confine horses, mules, donkeys, cows, sheep, or goats, shall be no less than
150 feet from any residence other than the residence of the owner of said
enclosure unless a waiver or variance is obtained as provided in subsection
(c) below.
(b) All enclosures and restraints required by Section 5-15 which are used to
confine rabbits, birds, fowl, or miniature potbellied pigs shall be at least 15
feet from any privately-owned property abutting the owner's property.
. (c) The owner of any animal affected by subsection (a) may keep or maintain an
enclosure within the prohibited distance by either obtaining a waiver from all
property owners within the prohibited distance stating that said property
owners do not object to the keeping of animals within the prohibited
distance, and filing the same with the Health Department, or obtaining a
variance from the city council; provided, that no variance shall be granted by
the city council for a distance less than 75 feet. The council shall consider
the following factors in determining whether or not to issue a variance:
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(1)
That the variance, if allowed, is in harmony with the general purpose
and interest of this animal ordinance;
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ORDINANCE NO. 7771 (Contd)
(2) That there are practical difficulties or practical hardships in the way
of carrying out the strict letter of this animal ordinance;
(3) For the purpose of supplementing the above requirements, the council
in making the determination whether there are practical difficulties or
particular hardships, shall also take into consi~eration the extent to
which the following facts, favorable to the applicant, have been
established by the evidence:
(i) that the majority of the applicant's neighbors have presented
no objection to the proposed variance;
(ii) that the variance, if granted, would not be a threat to the
public health, safety, and welfare;
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(iii) that the variance, if granted, would not materially reduce the
marketability of surrounding real property.
(4)
Upon the filing of a request for variance under this subsection, the
city clerk shall cause notice of the time and place of the hearing for
variance to be mailed to the head of all residences within 150 feet of
the enclosure for which the variance is sought.
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SECTION 2. Section 5-18 pertaining to Number of Animals: Limits of
Chapter 5 of the Grand Island City Code be and hereby is amended to read as follows:
~5-18. Number of Animals; Limits
(a) No residential property shall have more than four animals over four months
of age where said animals are of the following species:
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(1) horses;
(2) mules;
(3) donkeys;
(4) cows;
(5) sheep;
(6) goats; and
(7) miniature potbellied pigs;
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(b)
(c)
(d)
(e)
(f)
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NOV.251991
ORDINANCE NO. 7771 (Contd)
and provided further, that the area requirements set forth in Section 5-19
must be met.
No residential property shall have more than thirty (30) rabbits or fowl at any
one time.
No residential property shall have more than 64 birds over six months of age
at anyone time.
For the purposes of this section, the number of animals permitted to be kept
under subsection (a) shall be reduced by one if rabbits are also kept on said
property, and also by one if birds or fowl are kept on said property.
No residential property shall have more than four dogs and/or cats over four
months of age. .
No residential property shall have more than four different species of animals
sheltered and/or enclosed outside the residence.
SECTION 3. Section 5-41 pertaining to Swine Prohibited of Chapter 5 of the
Grand Island City Code be and hereby is amended to read as follows:
~S-41. Swine Prohibited
No person shall keep or maintain swine, except the species known as miniature
potbellied pigs, on his or her residential premises within the City.
SECTION 4. Sections 5-16, 5-18, and 5-41 of the Grand Island City Code
as heretofore existing, and any ordinances or parts of ordinances in conflict herewith are
hereby repealed.
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NOV. 2 5 1991
ORDINANCE NO. 7771 (Contd)
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 Daily
Independent as provided by law.
Enacted
November 25, 1991
~.~,,~n<' ~
~ rnest L. Dobesh, Mayor
Attest:
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NOV '.::l ,-
. .:: ::J 1991
ORDINANCE NO. 7770
An ordinance directing and authorizing the conveyance of Lot 7, Block 5, John
Voitle's Addition to the 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:
SECfION 1. The conveyance to RICKEY A. KERSHNER and PATRICIA A.
KERSHNER, husband and wife, of Lot 7, Block 5, J~hn Voitle's Addition to the City of
Grand Island, Hall County, Nebraska, is hereby authorized and directed.
SECfION 2. The consideration for such conveyance shall be One Dollar ($1.00).
Conveyance of the real estate above described shall be by special warranty deed, upon
delivery of the consideration. The City will not provide title insurance.
SECfION 3. As provided by law, notice of such conveyance and the terms thereof
shall be published for three consecutive weeks in the Grand Island Daily Independent, a
newspaper published for general circulation in the City of Grand Island. Immediately after
the passage and publication of this ordinance, the city clerk is hereby directed and
instructed to prepare and publish such notice.
SECfION 4. Authority is hereby granted to the electors of the City of Grand Island
to file a remonstrance against the conveyance of such within described real estate; and if
a remonstrance against such conveyance signed by legal electors of the City of Grand Island
equal in number to thirty percent of the electors of the City of Grand Island voting at the
last regular municipal election held in such City be filed with the ci counci thirty
~.. ;$'.: :,~.;0FQRM
t ' . 'f i t ~ ...,
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NO\!' 1 j 'iSj'\
1'-':-' ,,\~:'1T:.)l E~~T
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NOV. 2 5 1991
ORDINANCE NO. 7770 (Contd)
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days of passage and publication of such ordinance, said property shall not then, nor within
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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 shaH make, execute, and deliver to RICKEY A. KERSHNER and PATRICIA A.
KERSHNER, husband and wife, 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.
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 Daily
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Independent, as provided by law.
Enacted November 25, 1991
~~v..J(/( &a...A
rnest L. Dobesh, Mayor
ATfEST:
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'"'..')'" 2 r::; 19r\~
I~~\i.. -' ~l
ORDINANCE NO. 7769
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An ordinance directing and authorizing the conveyance of Lot 6 , Block 27, Original
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Town, now 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 JOHNSON AND ASSOCIATES of Lot 6, Block
27, Original Town, now City of Grand Island, Hall County, Nebraska, is hereby authorized
and directed.
SECTION 2. The consideration for such conveyance shall be One Thousand Dollars
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($1,000.00). Conveyance of the real estate above described shall be by special warranty
deed, upon delivery of the consideration. The City will not furnish title insurance.
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 Daily 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
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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
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last regular municipal election held in such City be filed with the city 9ouI}~,I.::mt..!" - " 'I~ FvRM
NOV 1 J
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NO\!. 2 5 1991
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ORDINANCE NO. 7769 (Contd)
days of passage and publication of such ordinance, said property shall not then, nor within
one year thereafter, be conveyed.
SECfION 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 JOHNSON AND ASSOCIATES 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.
SECfION 6. This ordinance shaH be in forbe and take effect from and after its
passage and publication within fifteen days in one issue of the Grand Island Daily
Independent, as provided by law.
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Enacted November 25, 1991
~#J~LV~
Ernest L. Dob sh, Mayor
ATIEST:
-\~ J.e~~UU~bA/
uritta F. Czaplews i, City Clerk
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NOV. ) 2 1991
ORDINANCE NO. 7768
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An ordinance assessing and levying a special tax to pay the cost of construction of Watcr
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Main District No. 395 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 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. 395, as adjudged by the Mayor and Council of said
City, to the extent of benefits thereto by reason of such improvement, after due notice having
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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
LEGAL DESCRIPTION
AMOUNT
Larry J. and Rose Ann Toner Commencing at the Southeast corner
of the NW1;4 of See 1.11-10; thence westerly along the southerly
line of said NW1;4 a distance of 135' to the actual Point of
Beginning; thence continuing westerly along the southerly line
of said NW1;4 a distance of 335' to the Southeast corner of
Bernt Subdivision; thence northerly along the easterly line of said
Bernt Subdivision a distance of 478.3' to a point on the
southerly right.of-way line of Nebraska Hwy 2; thence south-
easterly along the southerly right-of-way line of Nebraska
Highway 2 a distance of 349' to a point on the westerly right-
of-line of the City of Grand Island outfall ditch; thence
southerly along the said outfall ditch a distance of 382.8
to the point of beginning $5,500.29
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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; onffirth ,ir;t..~\yQ;
~,..
NO\/ 6 199'j
Lf-"rMf J")EPARTMENT
~Ow. ~ '2 t~~~
ORDINANCE NO. 7768 (Contd)
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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 per annum from the time of such levy until they shall
become delinquent. After the same become delinquent, interest at the rate of 14 percent per
annum shall be paid thereof, until the same is collected and paid.
SECfION 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 l~w.
SECfION 4. Such special assessments shall be paid into a fund to be designated as the
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"Sewer and Water Extension Fund" for Water Main District No. 395.
SECfION 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.
Enacted November 12, 1991
~J<.4~ iJJ-~
Ii nest L. Do es , Mayor
ATIEST:
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NOV. 251991
ORDINANCE NO. 7767
An ordinance creating Water Main Connection District No. 404T in 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 Connection Di~trict No. 404T in the City of Grand
Island, Nebraska, is hereby created for the laying of an eight (8) inch main in Webb Road
from Capital Avenue to Highway No.2.
SECTION 2. The boundaries of such water main connection district shall be
as follows:
Beginning at the Southwest corner of Lot Two (2), Fractional Section
Six (6), Township Eleven (11) North, Range Nine (9) West of the 6th
P.M., Grand Island, Hall County, Nebraska; thence easterly along the
southerly line of said Fractional Section Six (6) a distance of thirty-
three (33.0) feet; thence northerly along the easterly right-of-way line
of Webb Road and its southerly extension a distance of one hundred
thirty-three (133.0) feet; thence easterly parallel to the southerly line
of said Fractional Section Six (6) a distance of two hundred eighteen
and seven-tenths (218.7) feet to the easterly line of said Fractional
Section Six (6); thence northerly along the easterly line of said
Fractional Section Six (6) to a point on the northerly right-of-way line
of Nebraska Highway 2, being three hundred eighteen and nine-tenths
(318.9) . feet South of the Northeast corner of said Lot Two (2),
Fractional Section Six (6); thence northwesterly along the said
northerly right-of-way line of Nebraska Highway 2 a distance of eight
hundred forty-nine and four-tenths (849.4) feet; thence southerly
along the northerly extension of the West right-of-way line of
O'Flannagan Street a distance of one hundred four and two-tenths
(104.2) feet to the southerly right-of-way. line of 1iu j:".; y\J~~._>~: ,-' v F0i1Nl
r
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I NOV 1) 1SS i
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NOV. 2 51991
ORDINANCE NO. 7767 (Contd)
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Highway 2; thence southeasterly along the said southerly right-of-way
line of said Nebraska Highway 2 a distance of three hundred eleven
and three-tenths (311.3) feet to the Northeast corner of Sharp Acres
Subdivision; thence southerly along the easterly line of Sharp Acres
Subdivision and Dickey Second Subdivision a distance of three
hundred forty-six and eight-tenths (346.8) feet; thence. easterly along
the northerly line of said Dickey Second Subdivision a distance of
twenty-one (21.0) feet to the Northeast corner of said Dickey Second
Subdivision; thence southerly along the easterly line of said Dickey
Second Subdivision, Dickey Fifth Subdivision, and their extensions, a
distance of one thousand six hundred eighty-nine and four-tenths
(1,689.4) feet; thence easterly parallel to the southerly line of the
Southeast Quarter (SElf..) of Section One (1), Township Eleven (11)
North, Range Ten (10) West of the, 6th P.M., a distance of two
hundred thirty-one (231.0) feet to a point on the westerly right-of-way
line of Webb Road; thence southerly along the said westerly right-of-
way line of Webb Road a distance of three hundred thirty (330.0) feet
to a point on the said southerly line of the Southeast Quarter (SEl/4),
Section One (1); thence easterly along the said southerly line of the
Southeast Quarter (SEl/4), Section One (1) a distance of thirty-three
(33.0) feet to the point of beginning, all as shown on the plat marked
Exhibit "A" attached hereto and incorporated herein by reference.
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SECfION 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 said water main shall be taken and contracts entered into in the manner
provided by law.
SECfION 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,
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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
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NOV. 2 5 1991
ORDINANCE NO. 7767 (Contd)
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 Connection
District No. 404T for the purpose of creating a sinking fund for the payment of bonds.
Payment of the cost of construction of Water Main Connection District No. 404T 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 within fifteen days in one issue of the Grand Island
Independent.
Enacted November 25, 1991
~jg:4dn~
.- RNEST L. DOBESH, Mayor
-
ATTEST:
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---- ~-- f\\-NORTHEAST CORNER
4'Cb. .. ~
-en LOT 2, FRAC. SEC. 6-11-9
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........ .,~.... I \ 7 8/
V POINT Of ' 'I/' ./
SOUTHERLY LINE. L
S.E.1/4.SEC. '-11-10- BEGINNING EXHIBIT "A"
SOUTHWEST CORNER CITY OF GRANOISLANO,NE
LOT 2,FRAC. SEC. 6.11-9
UTI LITIES DEPARTMENT
PLAT TO ,ACCOMPANY ORD. 776
K.J.M, -11/7/91
NOV. 2 5 1991
327' 135' 57' 135' '", 327' 326 ~. 33'
~ 29 I ..
~t'10 ~
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( 24 <J) 5 SEC. 23.1\.10
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NORTH R-O-W
LINE, STAUSS RD.
327' 327 ' 359'
.0 STAUSS ROAD Ii
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:'\27' t 321'
WATERMAIN
DISTRICT NO. 403
BOUNDARY
EXHIBIT "AU
CITY OF GRANO ISLAND
UTILITIES DEPARTMENT
PLAT TO ACCOMPANY
ORDINANCE NO. 7766
DRN. BY: K.J .M. SCALE: ,": 200'
DATE: 11/5/91 FfLE-WM 403
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NO'J. 2 5 1991
ORDINANCE NO. 7766
An ordinance creating Water Main District No. 403 in the City of Grand Island,
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
assessment of special taxes for constructing such water main; 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. 403 in the City of Grand Island, Nebraska,
is hereby created for the laying of an eight inch water main with its appurtenances in Stauss
Road from North Road west 1300 feet.
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SECTION 2. The boundaries of such water main district shall be as follows:
Beginning at the Southeast corner of Lot Two (2), Garland Place, a
Subdivision in the City of Grand Island, Nebraska; thence northerly along the
easterly line of said Lot Two (2) a distance of three hundred fifteen (315.0)
feet; thence westerly parallel to the northerly right-of-way line of Stauss Road
a distance of three hundred twenty-seven (327.0) feet to the Northeast corner
of Lot Eight (8), West End Subdivision, a subdivision in the City of Grand
Island, Nebraska; thence southerly along the easterly line of said West End
Subdivision a distance of two hundred seventy (270.0) feet to the Northeast
corner of Lot Fourteen (14), West End Subdivision; thence westerly along
the northerly line of said Lot Fourteen (14) and its extension, and Lot
Fifteen (15), West End Subdivision, a distance of three hundred twenty-seven
(327.0) feet to the Northwest corner of said Lot Fifteen (15); thence
northerly along the westerly line of said West End Subdivision a distance of
two hundred seventy (270.0) feet to the Northwest corner of Lot Twenty-one
(21), West End Subdivision; thence westerly parallel with the northerly right-
of-way line of said Stauss Road a distance of three hundred twenty-seven
(327.0) feet; thence southerly along the westerly line of Lot Four (4),
Garland Place, and its extension, and Lot Thirteen (13), Garland Place, a
distance of six hundred ninety (690.0) feet; thence easterly parallel to the
northerly right-of-way line of said Stauss Road a distance of nine hundred
eighty-one (981.0) feet; thence northerly along the easterly line of Lot Fifteen
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NO'J. 2 5 1991
ORDINANCE NO. 7766 (Contd)
(15), Garland Place, a distance of three hundred fifteen (315.0) feet to the
Northeast corner of said Lot Fifteen (15); thence easterly along the northerly
line of Lot Sixteen (16), Garland Place, and its extension a distance of three
hundred fifty-nine (359.0) feet to a point on the easterly line of Section
Twenty-three (23), Township Eleven (11) North, Range Ten (10) West of the
6th P.M.; thence northerly along the said easterly line of Se,ction Twenty-
three (23) a distance of sixty (60.0) feet; thence westerly along the said
northerly right-of-way line of Stauss Road and its extension a distance of
three hundred fifty-nine (359.0) feet to the point of beginning, all as shown
on the plat marked Exhibit "A" attached hereto and incorporated herein by
reference.
SECfION 3. Said improvements shall be made in accordance with plans and
specifications prepared by the Engineer for the City ~ho 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 water main shall be taken and contracts entered into in the manner
provided by law.
SECfION 4. The cost of construction of such improvements shall be assessed
against the property within such district abutting upon the streets wherein such water main
has been so placed to the extent of benefits to such property not to exceed the laying of
an eight-inch water main, 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; and such
special tax and assessments shall constitute a sinking fund for the payment of any warrants
or bonds for the purpose of paying the cost of such water main in such district; and such
special assessments shall be paid and conected either in a fund to be designated and known
as the Sewer and Water Extension Fund for Water Main District No. 403, or the Water
Surplus Fund.
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Nov. 2 5 1991
ORDINANCE NO. 7766 (Contd)
SECfION 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.
SECfION 6. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds, 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 25, 1991
jit~.7 4cLJ~AJ'
RNEST L. OBESH, Mayor
ATTEST:
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OCT. 2 8 1991
ORDINANCE NO. 7765
AN ORDINANCE AUTHORIZING THE ISSUANCE OF VARIOUS PURPOSE
BONDS OF THE CITY OF GRAND ISLAND, NEBRASKA, IN THE
PRINCIPAL AMOUNT OF NINE HUNDRED EIGHTY-FIVE THOUSAND
DOLLARS ($985,000) FOR THE PURPOSE OF PAYING THE COSTS OF
IMPROVING STREETS AND INTERSECTIONS IN STREET IMPROVEMENT
DISTRICT NOS. 1126, 1161G, 1162G, 1163G, 1164G, 1166G,
1167G, 1168G, 1169G, 1170G, 1171, 1172, 1173 AND 1174;
PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE LEVY
AND COLLECTION OF TAXES TO PAY THE SAME; PROVIDING FOR THE
SALE OF THE BONDS; AUTHORIZING THE DELIVERY OF THE BONDS TO
THE PURCHASER; PROVIDING FOR THE DISPOSITION OF BOND
PROCEEDS: AND ORDERING THE ORDINANCE PUBLISHED IN PAMPHLET
FORM.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
Section 1. The Mayor and Council hereby find and determine:
that pursuant to ordinances heretofore duly enacted, Street
Improvement District Nos. 1126, 1171, 1172, 1173 and 1174 were
created in said City and certain street improvements were
constructed in said Districts; that said improvements have been
completed and accepted and hereby are accepted by the City; that the
cost of said improvements, as reported by the City's Engineer, is
not less than $927,232.84, of which $667,124.61 is District cost and
$260,108.23 is the cost of improving intersections and areas formed
by the crossing of streets, avenues or alleys and one-half of the
streets adjacent to real estate owned by the City: that additional
miscellaneous costs inCluding issuance costs have been or are being
incurred for said improvements: that special assessments have been
levied according to law on the real estate in certain of said
Districts specialty benefited by said improvements and such special
assessments are valid liens on the lots and tracts of land upon
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which they are assessed; that after applying available monies
collected from the special assessments and other funds available for
such purpose, there still remains due and payable from the City on
the district costs not less than $585,000 and on the intersection
costs not less than $260,000; that all conditions, acts and things
required by law to exist or to be done precedent to the issuance of
Intersection Improvement Bonds in the amount of $260,000 pursuant to
Section 16-626 R.R.S. Neb. 1943, and to the issuance of Street
Improvement Bonds of said Districts in the amount of $585,000
pursuant to Section 16-623 R.R.S. Neb. 1943, do exist and have been
done as required by law.
Section 2. The Mayor and Council hereby find and determine:
that pursuant to ordinances heretofore duly enacted, Street
Improvement District Nos. 1161G, 1162G, 1163G, 1164G, 1166G, 1167G,
1168G, 1169G and 1170G were created in said City and certain street
improvements were constructed in said Districts; that said
improvements have been completed and accepted and hereby are
accepted by the City; that the cost of said improvements, as
reported by the City's Engineer is not less than $169,736.97; that
additional miscellaneous costs including issuance expenses have been
or are being incurred for said improvements; that special
assessments have been levied according to law on the real estate in
said Districts specially benefited by said improvements and such
special assessments are valid liens on the lots and tracts of land
upon which they are assessed; that after applying available monies
collected from the special assessments and other funds available for
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OCT. 2 3 1991
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such purpose, there still remains due and payable from the City on
the costs attributable to said Districts, not less than $140,000;
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that all conditions, acts and things required by law to exist or to
be done precedent to the issuance of Paving Bonds for said Districts
in the amount of $140,000 pursuant to Section 18-2003 R.R.S. Neb.
1943, do exist and have been done as required by law.
Section 3. The Mayor and Council of the City of Grand Island,
Nebraska, further find and determine: That all conditions, acts and
things required to exist or to be done ~recedent to the issuance of
Various Purpose Bonds of the City of Grand Island, Nebraska, in the
principal amount of Nine Hundred Eighty-five Thousand"Dollars
($985,000) under Sections 18-1801 and 18-1802 R.R.S. Neb. 1943, to
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pay the cost of improvements mentioned in Sections 1 and 2 hereof do
exist and have been done as required by law.
Section 4. To pay the cost of the improvements specified in
Sections 1 and 2 hereof, there shall be and there are hereby ordered
issued, Various Purpose Bonds of the City of Grand Island, Nebraska,
in the principal amount of Nine Hundred Eighty-five Thousand Dollars
($985,000) (the "Bonds"), with said Bonds bearing interest at the
rates per annum (said interest to be computed on the basis of a
360-day year consisting of twelve 30-day months) and maturing on
December 1 of each year in the principal amounts as follows:
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OCT. 2 a 1991
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Principal Maturing on Interest
Amount Dec~mber 1 of Year Rate
$ 75,000 1992 4.60%
80,000 1993 4.90
85,000 1994 5.10
90,000 1995 5.30
95,000 1996 5.45
100,000 1997 5.60
105,000 1998 5.75
110,000 1999 5.90
120,000 2000 6.00
125,000 2001 6.10
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The Bonds shall be issued in fully registered form in the
denomination of $5,000 or any integral multiple thereof. The date
of original issue for the Bonds shall be December I, 1991. Interest
on the Bonds, at the respective rates for each maturity, shall be
payable on June 1, 1992, and semiannually thereafter on December 1
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and June 1 of each year (each of said dates an "Interest Payment
Date") and the Bonds shall bear such interest from the date of
original issue or the most recent Interest Payment Date, whichever
is later. The interest due on each Interest Payment Date shall be
payable to the registered owners of record as of the close of
business on the fifteenth day of the month immediately preceding the
month in which each Interest Payment Date occurs (the -Record
Date"), subject to the provisions of Section 6 hereof. The Bonds
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shall be numbered from 1 upwards in the order of their issuance. No
Bond shall be issued originally or upon transfer or partial
redemption having more than one principal maturity. The initial
bond numbering and principal amounts for each of the Bonds issued
shall be designated by the City's Treasurer as directed by the
initial purchaser thereof. Payments of interest due on the Bonds
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prior to maturity or date of redemption shall be made by the Paying
Agent and Registrar, as designated pursuant to Section 5 hereof, by
mailing a check or draft in the amount due for such interest on each
Interest Payment Date to the registered owner of each Bond, as of
the Record Date for such Interest Payment Date, to ~uch owner's
registered address as shown on the books of registration as required
to be maintained in section 5 hereof. Payments of principal and
accrued interest thereon due at maturity or at any date fixed for
redemption prior to maturity shall be made by said Paying Agent and
Registrar to the registered owners upon presentation and surrender
of the Bonds to said Paying Agent and Registrar. The City and said
Paying Agent and Registrar may treat the registered owner of any
Bond as the absolute owner of such Bond for the purpose of making
payments thereon and for all other purposes and neither the City nor
the Paying Agent and Registrar shall be affected by any notice or
knowledge to the contrary, whether such Bond or any installment of
interest due thereon shall be overdue or not. All payments on
account of interest or principal made to the registered owner of any
Bond in accordance with the terms of this Ordinance shall be valid
and effectual and shall be a discharge of the City and said Paying
Agent and Registrar, in respect of the liability upon the Bonds or
claims for interest to th~ extent of the sum or sums so paid.
Section S. The First Trust Company of York is hereby
designated as the Paying Agent and Registrar for the Bonds. Said
Paying Agent and Registrar shall serve in such capacities under the
terms of an agreement entitled .Paying Agent and Registrar's
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aCT. 2 a 19~1
Agreement~ between the City and'said paying Agent and Registrar, the
form of which is hereby approved. The Mayor and City Clerk are
hereby authorized to execute said agreement in substantially the
form presented but with such changes as they shall deem appropriate
or necessary. The Paying Agent and Registrar shall. keep and
maintain for the City books for the registration and transfer of the
Bonds at its principal corporate trust office. The names and
registered addresses of the registered owner or owners of the Bonds
shall at all times be recorded in such books. Any Bond may be
transferred pursuant to its provisions at the principal corporate
trust office of said paying Agent and Registrar by surrender of such
Bond for cancellation, accompanied by a written instrument of
transfer, in form satisfactory to said Paying Agent and Registrar,
duly executed by the registered owner in person or by such owner's
duly authorized agent, and thereupon the Paying Agent and Registrar
on behalf of the City will deliver at its office (or send by
registered mail to the transferee owner or owners thereof at such
transferee owner's or owners' risk and expense), registered in the
name of such transferee owner or owners, a new Bond or Bonds of the
same interest rate, aggregate principal amount and maturity. TO the
extent of the denominations authorized for the Bonds by this
Ordinance, one Bond may be transferred for several such Bonds of the
same interest rate and maturity, and for a like aggregate principal.
amount, and several such Bonds may be transferred for one or several
such Bonds, respectively, of the same interest rate and maturity and
for a like aggregate principal amount. In every case of transfer of
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a Bond, the surrendered Bond shall be cancelled and destroyed. All
Bonds issued upon transfer of the Bonds so surrendered shall be
valid Obligations of the City evidencing the same obligations as the
Bonds surrendered and shall be entitled to all the benefits and
protection of this Ordinance to the same extent as the Bonds upon
transfer of which they were delivered. The City and said Paying
Agent and Registrar shall not be required to transfer any Bond
during any period from any Record Date until its immediately
following Interest ~ayment Date or to transfer any Bond called for
redemption for a period of 30 days next preceding the date fixed for
redemption.
Section 6. In the event that payments of interest due on the
Bonds on an Interest Payment Date are not timely made, such interest
shall cease to be payable to the registered owners as of the Record
Date for such Interest Payment Date and shall be payable to the
registered owners of the Bonds as of a special date of record for
payment of such defaulted interest as shall be designated by the
Paying Agent and Registrar whenever monies for the purpose of paying
such defaulted interest become available.
Section 7. If the date for payment of the principal of or
interest on the Bonds shall be a Saturday, Sunday, legal holiday or
a day on which banking institutions in the city where the principal
corporate trust office of the Paying Agent and Registrar is located
are authorized by law or executive order" to close, then the date for
such payment shall be the next succeeding day which is not a
Saturday, Sunday, legal holiday or a day on which such banking
institutions are authorized to close, and payment on such day shall
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have the same force and effect as if made on the nominal date of
payment.
Section 8. Bonds maturing December 1, 1997 and thereafter
shall be subject to redemption, in whole or in part, prior to
maturity at any time on or after December 1, 1996, at par plus
accrued interest on the principal amount redeemed to the date fixed
for redemption. The City may select the Bonds to be redeemed in its
sole discretion but the Bonds shall be redeemed only in amounts of
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$5,000 or integral multiples thereof. Bonds redeemed in part only
shall be surrendered to said Paying Agent and Registrar in exchange
for new Bonds evidencing the unredeemed principal thereof. Notice
of redemption of any Bond called for redemption shall be given at
the direction of the City by said Paying Agent and Registrar by mail
not less than 30 days prior to the date fixed for redemption, first
class, postage prepaid, sent to the registered owner of such Bond at
said owner's registered address. Such notice shall designate the
Bond or Bonds to be redeemed by maturity or otherwise, the date of
original issue and the date fixed for redemption and shall state
that such Bond or Bonds are to be presented for prepayment at the
principal corporate trust office of said Paying Agent and
Registrar. In case of any Bond partially redeemed, such notice
shall specify the portion of the principal amount of such Bond to be
redeemed. No defect in the mailing of notice for any Bond shall
affect the sufficiency of the proceedings of the City designating
I the Bonds called for redemption or the effectiveness of such call
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City shall have the right to further direct notice of redemption for
any such Bond for which defective notice has been given.
Section 9. The Bonds shall be in substantially the following
form:
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OCT. 2 a ;991
UNITED STATES OF AMERICA
STATE 01 NEBRASKA
COUNTY OF HALL
VARIOUS PURPOSE BOND OF
TH! CITY OF GRANO ISLAND, NEBRASKA
No.
$
Interest Rqte
Maturity Dat:~
Date of Original Issue
Cusio No.
December 1, _
DecembeI1;; I, 1991
Registered Owner:
Principal Amount:
Dollars ($
)
KNOW ALL MEN BY THESE PRESENTS: That the City of Grand
Island, in the County of Hall, in the State of Nebraska, hereby
aCknowledges itself to owe and for value' received promises to pay to
the registered owner specified above, or registered assigns, the
principal amount specified above in lawful money of the United
States of America on the date of maturity specified above with
interest thereon to maturity (or earlier redemption) from the date
of original issue or most recent Interest Payment Date, whichever is
later, at the rate per annum specified above, payable on June I,
1992, and on December 1 and June 1 of each year thereafter (each of
said dates an "Interest Payment Date"). Said interest shall be
computed on the basis of a 360-day year consisting of twelve 30-day
months. The principal hereof and accrued interest thereon are
payable upon presentation and surrender of this bond at the
principal corporate trust office of The First Trust Company of York,
the Paying Agent and Registrar, in York, Nebraska. Interest on this
bond due prior to maturity or earlier redemption will be paid on
each Interest Payment Date by a check or draft mailed by the Paying
Agent and Registrar to the registered owner of this bond, as shown
on the books of record maintained by the Paying Agent and Registrar,
at the close of business on the fifteenth day of the month
immediately preceding the month in which the Interest Payment Date
occurs, to such owner's registered address as shown on such books
and records. Any interest not so timely paid shall cease to be
payable to the person entitled thereto as of the record date such
interest was payable, and shall be payable to the person who is the
registered owner of this bond (or of one or more predecessor bonds
hereto) on such special record date for payment of such defaulted
interest as shall be fixed by the Paying Agent and Registrar
whenever monies for such purpose become available. For the prompt
payment of this bond, principal and interest, as the same become
due, the full faith, credit and resources of said City are hereby
irrevocably pledged.
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ccr, ;::'.""'"i .h......,
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This bond is one of an issue of fully registered bonds of the
total principal amount of Nine Hundred Eighty-five Thousand Dollars
($985,000), of even date and like tenor except as to date of
maturity, rate of interest and denomination which were issued by the
City for the purpose of paying the costs of improving streets,
alleys and intersections and areas formed by the crossing of
streets, avenues or alleys and streets adjacent to real estate owned
by the City in street Improvement District Nos. 1126, l161G, 1162G,
1163G, 1164G, 1166G, 1167G, 1168G, 1169G, 1170G, 1171, 1172, 1173
and 1174 in said City, all in strict compliance with Sections
16-623, 16-626, 18-1801, 18-1802 and 18-2003 R.R.S. Neb. 1943, as
amended. The issuance of said bonds has been authorized by
proceedings duly had and an ordinance legally passed, approved and
published by the Mayor and Council of said City.
Bonds of this issue maturing December 1, 1997 and thereafter
are subject to redemption at the option of the City, in whole or in
part, at any time on or after December l~ 1996, at par plus interest
accrued on the principal amount redeemed to the date fixed for
redemption. Notice of redemption shall be given by mail to the
registered owner of any bond to be redeemed at said registered
owner's address in the manner specified in the ordinance authorizing
said issue of bonds. Individual bonds may be redeemed in part but
only in $5,000 amounts or integral mUltiples thereof.
This bond is transferable by the registered owner or such
owner's attorney duly authorized in writing at the principal
corporate trust office of the Paying Agent and Registrar upon
surrender and cancellation of this bond, and thereupon a new bond or
bonds of the same aggregate principal amount, interest rate and
maturity will be issued to the transferee as provided in the
ordinance authorizing said issue of bonds, subject to the
limitations therein prescribed. The City, the Paying Agent and
Registrar and any other person may treat the person in whose name
this bond is registered as the absolute owner hereof for the purpose
of receiving payment due hereunder and for all purposes and shall
not be affected by any notice to the contrary, whether this bond be
overdue or not.
If the date for payment of the principal of or interest on
this bond shall be a Saturday, Sunday, legal holiday or a day on
which banking institutions in the city where the principal corporate
trust office of the Paying Agent and Registrar is located are
authorized by law or executive order to close, then the date for
such payment shall be the next succeeding day which is not a
Saturday, Sunday, legal holiday or a day on which such banking
institutions are authorized to close, and payment on such day shall
have the same force and effect as if made on the nominal date of
payment.
IT IS HEREBY CERTIFIED AND WARRANTED that all conditions,
acts and things required by law to exist or to be done precedent to
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CCT. 2 8 1991
and in the issuance of this hond did exise, did happan and were done
and performed in regular and due form and time as required by law
and that the indebtedness of said CitYI including this bond, does
not exceed any limitation imposed by law. The special assessments
levied upon real estate specially benefited by the improvements in
certain of said districts are valid liens on the lots and tracts of
land upon which they have been levied and when collected shall be
set aside and constitute a sinking fund for the payment of the
principal and interest of said bonds; the City agrees that it will
collect said special assessments and, in addition thereto, will
cause to be levied and collected annually a tax by valuation on all
the taxable property in the City, in addition to all other taxes,
sufficient in rate and amount to make up the deficiency between the
amounts collected on said special assessments and the amount
required to fully pay the principal and interest of said bonds as
the same become due.
This bond shall not be valid and binding on the City until
authenticated by the Paying Agent and Registrar.
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IN WITNESS WHEREOF, the Mayor and Council of the City of
Grand Island, Nebraska, have caused this bond to be executed on
behalf of the City with the facsimile signatures of the Mayor and
the City Clerk and by causing the official seal of the City to be
imprinted hereon or affixed hereto, all as of the date of original
issue specified above.
ATTEST:
/i:~~ ~:a;~:;KA
ayor
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C'li ......... '~-:. th
L"\' .... ". \",-) 'i)-.
:......... u~&:p('f\Rfnf) o,,~ ~ ,\
CJ..P~I vl.:.11.:~ .~ '6 Y,
(; . . \~ Ct. f . t ft' .
! ~~! G>e>-1i' i .'~ b er ]. 1ca e 0 Authen lcatlon
X\ ..~ ':, . . ~;.. -J .
\~ \~I'J::c. HI. ~1i Qdnd is one of the bonds authorized by ordinance of the
\(~~a ~c>r...~:C9yncil of the City of Grand Island, in the County of
.:I}]R~.tt2J'Wl State of Nebraska, described in the foregoing bond.
....,..----. ....
The First Trust Company of York
York, NebraSka
Paying Agent and Registrar
By:
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Authorized Signature
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..... .... t -, -. .. ,o, .~
L I.... i. .:;. .:J I~'~~
(Form of Assiqnment)
For value received
hereby sells, assigns and transfers unto
(Social Security or Taxpayer I.D. No. )
the within bond and hereby irrevocably constitutes and appoints
, attorney, to transfer the
same on the books of registration in the office of the within
mentioned Paying Agent and Registrar with full power'of substitution
in the premises.
Dated:
Registered Owner(s)
Signature Guaranteed
By
Authorized Officer(s)
Note: The signature(s) on this assignment MUST
CORRESPOND with the name(s) as written on the face of the within
bond in every particular, without alteration, enlargement or any
change whatsoever, and must be guaranteed by a commercial bank or a
trust company or by a firm having membership on the New York,
Midwest or other stock exchange.
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OCT. 2 S Wd1
Section 10. Each of the Bonds shall be executed on behalf of
the City with the facsimile signatures of the Mayor and the City
Clerk and shall have the City's seal affixed thereto or imprinted
thereon. A supply of bond certificates for issuance upon subsequent
transfers or in the event of partial redemption shall also be 50
executed and delivered to the Paying Agent and Registrar. In the
event that such supply of bond certificates shall be insufficient to
meet the requirements of the Paying Agent and Registrar for issuance
of replacement Bonds upon transfer or partial redemption, the City
agrees to order printed an additional supply of bond certificates
and to direct their execution by facsimile or manual signatures of
its then duly qualified and acting Mayor and City Clerk and by
imprinting thereon or affixing thereto the City's seal. In case any
officer whose signature or facsimile thereof shall appear on any
Bond shall cease to be such officer before the delivery of such Bond
(inCluding bond certificates delivered to the Paying Agent and
Registrar for issuance upon transfer or partial redemption), such
signature or such facsimile signature shall nevertheless be valid
and sufficient for all purposes the same as if such officer or
,officers had remained in office until the celivery of such Bond.
The Bonds shall not be valid and binding on the City until
authenticated by the Paying Agent and Registrar. The City Treasurer
shall cause th~ Bonds to be registered in the office of the Auditor
of Public Accounts of the State of Nebraska. Thereafter the Bonds
( shall be delivered to the Paying Agent and Registrar for
I" registration and authentication. Upon execution, registration, and
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authentication of the Bonds, they shall be delivered to the City
Treasurer, who is authorized to deliver them to Chiles Heider
Division, Shearson Lehman Brothers Inc., as initial purchaser
thereof, upon receipt of
\ of the principal amount of the Bonds
pluS accrued interest thereon to date of payment for the Bonds.
.Said initial purchaser shall have the right to direct the
registration of the Bonds and the denominations thereof within each
maturity, subject to the restrictions of this Ordinance.
Section 11. The City Clerk shall make and certify duplicate
transcripts of the proceedings of the Mayor and Council with respect
to the Bonds, one of which shall be filed with the Auditor of Public
Accounts and the other Of which shall be delivered to said purchaser.
Section 12. The proceeds of the Bonds shall be applied to
the costs of construction of the improvements described in
Sections 1 and 2 hereof, inCluding bond anticipation notes maturing
December 15, 1991, to reimburse the City for such costs advanced and
to pay issuance costs.
Section 13. The special assessments levied upon the real
estate as described in Sections I and 2 of this ordinance and the
interest on said assessments shall constitute a sinking fund for the
payment of the principal and interest of said Bonds. The City
agrees that it will collect said special assessments and, in
addition thereto, Shall cause to be levied and collected annually a
special levy of taxes on all the taxable property in this City, in
addition to all other taxes, sufficient in rate and amount to make
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"l..l.,-:" (:I 1;.,91
IIJ assessments and the amount required to fully pay the principal and
interest of the Bonds when and as such principal and interest become
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due.
Section 14. The City hereby covenants to the purchasers and
holders of the Bonds hereby authorized that it will make no use of
the proceeds of said Bond issue, inCluding monies held in any
sinking fund for the Bonds, which would cause the Bonds to be
arbitrage bonds within the meaning of Sections l03(b) and 148 of the
Internal Revenue Code of 1986, as amended (the "Code"), and further
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covenants to comply with said Sections l03{b) and 148 and all
applicable regulations thereunder throughout the term of said bond
issue. The City hereby covenants and agrees to take all actions
necessary under the Code to maintain the tax exempt status (as to
taxpayers generally) of interest payable on the Bonds. The City
hereby designates the Bonds as its "qualified tax-exempt
obligations" pursuant to Section 265(b)(3)(B)(i)(III) of the Code,
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and covenants and warrants that it does not reasonably expect to
issue bonds or other obligations aggregating in principal amount
more than $10,000,000 during calendar 1991.
Section 15. The City's obligations under this Ordinance with
respect to any or all of the Bonds herein authorized shall be fully
discharged and satisfied as to any or all of such Bonds and any such
Bond shall no 1~nger be deemed to be outstanding hereunder if such
Bond has been purchased by the City and cancelled or when the
payment of the principal of and interest thereon to the respective
date of maturity or redemption (a) shall have been made or caused to
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be made in accordance with the terms thereof or (b) shall have been
provided for by depositing with the Paying Agent and Registrar for
the Bonds, or with a national or state bank having trust powers, or
trust company, in trust, solely for such payment (i) sufficient
money to make such payment or (ii) direct general obligations
(including obligations issued or held in book entry form on the
books of the Department of Treasury of the United States of America)
of or obligations the principal and interest of which are
unconditionally guaranteed by the United States of America (herein
referred to as "U.S. Government Obligations") in,such amount and
bearing interest and maturing or redeemable at stated fixed prices
at the option of the holder as to principal, at such time or times,
as will ensure the availability of sufficient money to make such
payment; provided, however, that with respect to any Bond to be paid
prior to maturity, the City shall have duly called such Bond for
redemption and given notice of such redemption as provided by law or
made irrevocable provision for the giving of such notice. Any money
so deposited with such bank or trust company or with the Paying
Agent and Registrar may be invested or reinvested in U.S. Government
Obligations at the direction of the City, and all interest and
income from U.S. Government Obligations in the hands of such bank or
trust company or Paying Agent and Registrar in excess of the amount
required to pay principal of and interest on the Bonds for which
such monies or U.S. Government Obligations were deposited shall be
paid over to the City as and when collected.
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\"wi. 2 8 1991
Section 16. This Ordinance shall be in foree and take effect
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from and after its passage and publication in pamphlet form as
provided by law.
PASSED AND APPROVED this 28th day of October
,
1991.
~11j;).J, Q~~H".k,;
City Clerk
(SEAL)
~4;~;-~ ~~a4 /
.,/"" Mayor
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C'CT. ;::? 3 1-.;~'!
PAYING AGENT AND REGISTRAR'S AGREEMENT
This Agreement made and entered into this~hday of
October , 1991, by and between the City of Grand Island,
Nebraska (the "Citylf) and The First Trust Company ~f York, York,
Nebraska (the If Registrar").
WITNESSETH:
WHEREAS, the City has authorized the issuance of
$985,000 of its Various Purpose Bonds, date of original issue -
December 1, 1991, (the "Bonds") by Ordinance No. I (the
"Ordinance") and requires the services of a paying agent and
registrar for said issue; and
WHEREAS, the Registrar is willing to provide services as
paying agent and registrar pursuant to the terms of this Agreement
and the Ordinance in consideration for the compensation described in
this Agreement.
NOW, THEREFORE, the City and the Registrar do hereby agree
as follows:
1. The Registrar agrees that it shall maintain on behalf
of the City books of record in which the registered owners of the
Bonds and their registered addresses shall be duly recorded.
2. The Registrar agrees that it shall serve as paying
agent for the City in making the payments of principal and interest
falling due on the Bonds. The City shall, not later than each
interest and principal payment date on the Bonds, deposit with the
Registrar an amount sufficient to make such payment and the
Registrar shall apply such deposit by mailing a check or draft to
each of the registered owners of the Bonds as shown on the books of
record maintained pursuant to paragraph 1 hereof for the appropriate
amounts of interest due on each respective Bond, and pay principal
and interest upon presentation of each respective Bond in accordance
with the terms of the Ordinance.
3. Registrar hereby accepts and agrees to perform all
duties directed by the Ordinance to be performed by the "Paying
Agent and Registrar" as described in the Ordinance and the terms of
the Ordinance are hereby incorporated by reference. Registrar
acknowledges receipt of a copy of the Ordinance. Registrar
aCknowledges that the City may make deposits of money or securities
as provided in Section 15 of the Ordinance. In the event of any
such deposit, the compensation provided for under this Agreement
shall not be altered or abated.
OCT. 2 0 1991
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4. The City shall furnish to the Registrar a sufficient
supply of forms in blank of the Bonds to be issued upon transfer,
signed by the facsimile signatures of the Mayor and City Clerk and
sealed with the City seal and shall renew such supply pursuant to
Section 10 of the Ordinance upon request by the Registrar.
5. The Registrar shall make the initial registration ofe
the Bonds upon written directions from the original purchaser
thereof as designated in the Ordinance.
6. Transfer of the Bonds shall be registered and new Bonds
issued in replacement thereof, pursuant to the limitations
prescribed in the Ordinance, upon surrender to the Registrar of any
outstanding Bond in form deemed by the Registrar properly endorsed
for transfer with all necessary si~natures guaranteed in such manner
and form as the Re~istrar may require by a signature guarantor
reasonably believed by Registrar to be responsible, accompanied by
suCh assurances as the Registrar shall,deem necessary or appropriate
to evidence the genuineness and effectiveness of each necessary
signature and, if deemed appropriate by the Registrar, satiSfactory
evidence of compliance with all applicable laws relating to the
collection of taxes. In registering transfer of the Bonds, the
Registrar may rely upon the Uniform Commercial Code or any other
statutes which in the opinion of counsel protect the Registrar and
the City in not requiring complete documentation, in registering
Bonds without inquiry into adverse claims, in delaying registration
for purposes of such inquiry or in refusing registration where in
Registrar's judgment an adverse claim requires such refusal.
I
7. Replacement Bonds for any of the Bonds damaged, lost or
stolen shall ~e issued by the Registrar upon a duly certified
resolution or resolutions in compliance with the requirements of
Sections 10-127 to 10-130, R.R.S. Neb. 1943, as now existing or as
hereafter amended.
8. As provided by law, the books of registration
maintained by the Registrar shall not be deemed public records and
shall be available for inspection solely pursuant to a court order
or a subpoena of any governmental agency having juriSdiction to
issue such subpoena.
(
I
9. At least annually, the Registrar shall give a report to
the City accounting for all funds received and disbursements made.
The Registrar shall maintain customary records in connection with
its exercise of its duties under this Agreement and the Ordinance.
10. At anytime the Registrar may apply to the City for
instructions and may consult with the City's attorney or the
I
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.... .........;;.. j~ J
Registrarls own counsel in respect to any matter arlslnq in
connection with its duties under this Agreement and the Ordinance
and the Registrar shall not be liable or accountable for any action
taken or omitted by it in good faith in accordance with such
instructions or with the opinion of such counsel. The Registrar may
rely on any paper or document reasonably believed by it to be
genuine and to have been signed by the proper person or persons.
11. The City hereby agrees to pay any expenses reasonably
incurred by the Registrar in connection with the performance of its
duties under this Agreement and the Ordinance,including counsel
fees, and in addition shall pay to the Registrar as compensation for
its services the fOllowing:
See attached sChedule
12. Any corporation or association into which the
Registrar may be converted or merged, or with which it may be
consolidated, or to which it may sell or transfer its trust business
and assets as a whole or substantially as a whole, or any
corporation or association resulting from any such conversion, sale,
merger, consolidation or transfer to which it is a party, shall,
~ facto, be and become successor Registrar hereunder and vested
with all of the trusts, powers, discretions, immunities, privileges
and all other matters as was its predecessor, without the execution
or filing of any instruments or any further act, deed or conveyance
on the part of any of the parties hereto, anything herein to the
contrary notwithstanding.
13. The city shall have the right to remove the Registrar
only in the event of a material breach Of the Registrar's duties
under this Agreement and the Ordinance. In such event the Mayor and
Council of the City shall have the right to designate a successor
and the Registrar hereby agrees that it shall turn over all of its
records with respect to the Bonds to any such successor upon request
by the City.
14. This Agreement shall terminate when the Bonds have
been paid in full. The Registrar shall have no duties with respect
to the investment of monies paid to it under this Agreement and the
Ordinance. Any deposit of such monies shall be either fully insured
by insurance of the Federal Deposit Insurance Corporation or fully
secured in the manner required by law for deposit of funds of the
City. Any such deposit may be in an account maintained with the
Registrar. '
~(
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CCT. :2 i3 j991
15. If anyone or more of the covenants or agreements to
be performed by either of the parties to this Agreement shall be
determined by a court of competent jurisdiction to be unenforceable,
such covenant or agreement shall be deemed and const~ued to be
severable from, the remaining covenants and agreements contained
herein and shall in no way affect the validity of the remaining
provisions of this Agreement.
16. This Agreement may be executed in several
counterparts, all or any of which shall be regarded for all purposes
as one original and shall constitute and be but one and the same
instrument.
17. This Agreement shall be governed by and construed in
accordance with the laws of the State of Nebraska.
IN WITNESS WHEREOF, the parties hereto have each caused
this Paying Agent and Registrar's Agreement to be executed by their
duly autho . fficers as of the date first above written.
x GRAND
_\ ()............./v~. THE CITY OF GRAND ISLAND, NEBRASKA
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(SEA1/{.Cl [ ,"C:::Ar,~ "\ is. . 0( ~
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ATTES,. ....CC10..l'O\~..... !! '
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The First Trust Company of York.
York, Nebraska
Paying Agent and Registrar
By:
Its:
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souaCES
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DELIVERY OATE~ 12/ 1191
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Sources of FU'Ida
~________==...s.
Par Amount 01 Bonds...................
S985IOOO.00
$0.00
+premi~ I-O.scount...................
Bond proceeds........~..................................
Cash Contribution.......................................
Uses of Fl.I"lCl$
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Needs...................................................
Underwriters Discount eX or $)
Cost of Issuane~........................( 2.S00000~>...
Contingency.............................................
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9851000.00
140,000.00
$1,'25,000.00
1,096,470.00
24,625.00
3,905.00
$1,125,000.00
OCT. 2 3 1991
ORDINANCE NO. 7764
I
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An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use district of a certain tract of land comprising
a part of the Southwest Quarter of the Southeast Quarter (SWl/4SEl/4) of Section Twelve
(12), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., City of Grand
Island, Hall County, Nebraska, from TA-Transitional Agriculture 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 of the Grand
Island City Code to conform to such reclassification; ,
WHEREAS, the Regional Planning Commission on October 2, 1991, held a public
hearing and made a recommendation on the proposed zoning of such area; and
I
WHEREAS, notice as required by Section 79-4,151, RRS. 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 14, 1991, the City Council found and
determined that the change in zoning be approved and granted.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That a tract of land comprising a part of the Southwest Quarter of
the Southeast Quarter (SWI/4SEI/4) of Section Twelve (12), Township Eleven (11) North,
Range Ten (10) West of the 6th P.M., City of Grand Island, Hall County, Nebraska, and
more particularly described as follows:
i
I
Beginning at a point on the North line of said Southwest Quarter of the
Southeast Quarter (SWl/4SEI/4), said point being three hundred sixty-three;;;:? --
):1'.'>/ ..
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0,:'7. 2 ,~j 1991
ORDINANCE NO. 7764 (Contd)
I
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(363.0) feet East of the Northwest corner of said Southwest Quarter of the
Southeast Quarter (SWv..SEv..); thence easterly and upon the North line of
said Southwest Quarter of the Southeast Quarter (SWv..SE%) a distance of
eight hundred thirty-one and fourteen hundredths (831.14) feet to a point on
the westerly right-.of-way line of U.S. Highway No. 281; thence southerly
along and upon said right-of-way line a distance of seven hundred twenty and
thirty-four hundredths (720.34) feet to a point that is six hundred (600.0) feet
North of the South line of said Southwest Quarter of the Southeast Quarter
(SW1f4SE1f4); thence westerly paranel with the South line of said Southwest
Quarter of the Southeast Quarter (SW1f4SE1f4) a distance of eight hundred
thirty and sixty-six hundredths (830.66) feet to a point that is three hundred
sixty-three (363.0) feet East of the West line of said Southwest Quarter of the
Southeast Quarter (SW1f4SE1f4); thence northerly parallel with the West line
of said Southwest Quarter of the Southeast Quarter (SW1f4SEv..) a distance
of seven hundred eighteen and sixty-six hundredt11s (718.66) feet to the point
of beginning, and containing 13.724 acres, more or less;
be rezoned and reclassified and changed from TA-Transitional Agriculture Zone to B2-
I
General Business Zone classification.
SECfION 2. That the official zoning map of the City of Grand Island, Nebraska,
be, and the same is, hereby ordered to be changed, amended, and completed in accordance
with this ordinance.
SECfION 3. That the findings and recommendations of the Regional Planning
Commission and the City Council of the City of Grand Island are hereby accepted,
adopted, and made a part of this ordinance.
SECfION 4. That Section 36-7 of the Grand Island City Code and all ordinances
and parts of ordinances in conflict herewith are hereby amended to reclassify the
above-described area as herein ordered and determined.
\ SECfION 5. That this ordinance shall be in force and take effect from and after
I its passage and publication witbin fifteen days in one issue of the Grand Island
OCT. 2 8 1991
ORDINANCE NO. 7764 (Contd)
I
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Independent as provided by law.
Enacted October 28, 1991
~h:l'~~~ ./
~ RNEST L. DO ESH, Mayor
ATTEST:
'I{f:,j.;t;tU ;j f,~1 ~;
uritta F. Czaple i, City Clerk
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OCT. I 4 1G91
ORDINANCE NO. 7763
An ordinance directing and authorizing the conveyance of a tract of land comprising
a part of Memorial Drive north of Grace Lutheran Church Subdivision, in the 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 KENNETH L. AUKERMAN and FRANCIS K.
AUKERMAN, husband and wife, of a tract of land comprising a part of Memorial Drive
lying north of Grace Lutheran Church Subdivision as platted and recorded, in the City of
Grand Island, Nebraska, more particularly described as follows:
Beginning at the Northeast corner of Lot One (1), Block Four
(4), Meves First Addition; thence southerly along the easterly
line of said Lot One (1) and its southerly prolongation a
distance of ninety-one (91.0) feet to the Northeast corner of
Lot Nine (9), Spelts-Schultz addition, also being the Northwest
corner of Lot One (1), Grace Lutheran Church Subdivision;
thence deflecting left 144023' 07" and running northeasterly a
distance of seventy-three and ninety-eight hundredths (73.98)
feet; thence deflecting left 900 00' 00" and running
northwesterly a distance of fifty-two and ninety-nine
hundredths (52.99) feet to the place of beginning, and
containing 1,960.1 square feet, or 0.045 acre, more or less;
is hereby authorized and directed.
SECTION 2. The consideration for such conveyance shall be One Dollar ($1.00)
Conveyance of the real estate above described shaH be by quitclaim deed, upon delivery of
the consideration, and the City of Grand Island will not furnish an abstract of title.
~ i ~~; 1091
.
ORDINANCE NO. 7763 (Contd)
SECfION 3. As provided by law, notice of such conveyance and the terms thereof
shall be published for three consecutive weeks in the Grand Island Daily 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.
SECfION 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.
SECfION 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 KENNETH L. AUKERMAN AND FRANCIS
K. AUKERMAN, husband and wife, a quitclaim deed for said real estate, and the
execution of such deed is hereby authorized without further action on behalf of the City
Council.
SECfION 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 Daily
.
2
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Yi lj,
ORDINANCE NO. 7763 (Contd)
Independent, as provided by law.
Enacted October 14, 1991
~~'~/iQ~~
...cErn est L. Dobesh, ayor
A TrEST:
3
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ocr. 1 4 J9ul
ORDINANCE NO. 7762
An ordinance directing and authorizing the conveyance of a tract of land comprising
a part of Memorial Drive north of Grace Lutheran Church Subdivision, in the 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 11IE MAYOR AND COUNCIL OF 11IE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The conveyance to GRACE LU11IERAN CHURCH of a tract of
land comprising a part of Memorial Drive lying north of Grace Lutheran Church
Subdivision as platted and recorded, in the City of Grand Island, Nebraska, more
particularly described as follows:
Beginning at the Northeast corner of Lot Nine (9), Spelts-
Schultz Addition, also being the Northwest corner of Lot One
(1), Grace Lutheran Church Subdivision; thence easterly along
the northerly line of said Lot One (1), Gra~e Lutheran Church
Subdivision, a distance of one hundred thirty (130.0) feet;
thence deflecting left 1450 18' 54" and running northwesterly a
distance of one hundred six and nine-tenths (106.9) feet;
thence deflecting left 900 00' 00" and running southwesterly a
distance of seventy-three and ninety-eight hundredths (73.98)
feet to the place of beginning, and containing 3,954.23 square
feet, or 0.091 acre, more or less;
is hereby authorized and directed.
SECTION 2. The consideration for such conveyance shall be One Dollar ($1.00)
Conveyance of the real estate above described shall be by quitclaim deed, upon delivery of
the consideration.
.
.
OCT. 1 4 1991
ORDINANCE NO. 7762 (Contd)
SECfION 3. As provided by law, notice of such conveyance and the terms thereof
shall be published for three consecutive weeks in the Grand Island Daily Independent, a
newspaper published for general circulation in the City of Grand Isla~d. Immediately after
the passage and publication of this ordinance, the city clerk is hereby directed and
instructed to prepare and publish such notice.
SECfION 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.
SECfION 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 GRACE LUTHERAN CHURCH a quitclaim
deed for said real estate, and the execution of such deed is hereby authorized without
further action on behalf of the City Council.
SECfION 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 Daily
2
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.
c' . 1 4 1991
ORDINANCE NO. 7762 (Contd)
Independent, as provided by law.
Enacted October 14, 1991
~~."p10dJaJt
"".... Ernest L. -Dobesh, Mayor
--'
ATTEST:
3
OCT. 1 4 1991
. THIS SPACE RESERVED FOR REGISTER OF DEEDS.
ORDINANCE NO. 7761
An ordinance creating Street Improvement District No. 1177; defining the boundaries
of the district; providing for the improvement of a street within the district by paving and other
incidental work in connection therewith; providing for filing of this ordinance with the Hall
County Register of Deeds; and providing the 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. 1177 in the City of Grand Island,
Nebraska, is hereby created.
SECfION 2. The boundaries of the district shall be as follows:
.
Within Lambert's Addition in the City of Grand Island, Hall
County, Nebraska, more particularly described as beginning at the
Southeast corner of Lot 8, Block 18, Lambert's Addition, said
point also being the intersection of the West line of Congdon
Avenue and the North line of Fourth Street; thence westerly on
the North line of Fourth Street for a distance of one hundred
thirty-two (132) feet; thence northerly on a line one hundred
thirty-two (132) feet West of and parallel to the West line of
Congdon Avenue for a distance of one thousand (1,000) feet to
DCT. 1 -4 19.91
.
ORDINANCE NO. 7761 (Contd)
the South line of Seventh Street; thence easterly along the South
line of Seventh Street for a distance of one hundred thirty-two
(132) feet to the Northeast comer of Lot 1, Block 12, Lambert's
Addition, said point also being the intersection of the South line
of Seventh Street and the West line of Congdon Avenue; thence
northerly on a prolongation of the West line of Congdon Avenue
for a distance of forty (40) feet; thence easterly on a line' forty
(40) feet North of and paraHel to the South line of Seventh Street
to the prolongation of the East line of Congdon Avenue; thence
southerly on the prolongation of the East line of Congdon
Avenue for a distance of forty (40) feet; thence easterly on the
South line of Seventh Street for a distance of three hundred (300)
feet; thence southerly on a line three hundred (300) feet East of
and parallel to the East line of Congdon Avenue for a distance of
five hundred sixty-three (563) feet to a point on the South line of
Lot 10, Lambert's Subdivision; thence southwesterly on a line to
a point on the North line of Fourth Street, said point being one
hundred eighty (180) feet East of the East line of Congdon
Avenue; thence westerly on the north line of Fourth Street to the
East line of Congdon Avenue; thence southerly on a prolongation
of the East line of Congdon Avenue for a distance of forty (40)
feet; thence westerly on a line forty (40) feet South of and parallel
to the North line of Fourth Street to the prolongation of the West
line of Congdon Avenue; thence northerly on a prolongation of
the West line of Congdon Avenue for a distance of forty (40) feet
to the point of beginning, all as shown on the plat marked Exhibit
"A" attached hereto and incorporated herein by reference.
SECfION 3. The following street in the district shall be improved by paving and other
incidental work in connection therewith:
Congdon Avenue from Fourth Street to Seventh street.
Said improvements shall be made in accordance with plans and specifications prepared
by the Engineer for the City and approved by the Mayor and Council.
SECfION 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
benefitted thereby as provided by law.
.
2
.
.
ORDINANCE NO. 7761 (Contd)
OCT. 1 4 1991
SEcrION 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.
SEcrION 6. This ordinance, with the plat, is hereby directed to be filed in the office
of the Register of Deeds, Hall County, Nebraska.
SEcrION 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 14, 1991
A TrEST:
3
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ESH, Mayor
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OCT. 1 4. 1991
. THIS SPACE RESERVED FOR REGISfER OF DEEDS ·
ORDINANCE NO. 7760
An ordinance requiring grading, curbing, guttering, and paving of Poplar
Street from Ninth Street to Eleventh Street; providing for the levy and collection of special
taxes and assessments upon the adjacent or abutting properties specially benefited by such
improvements; and providing an effective date of this ordinance.
WHEREAS, that portion of Poplar Street from Ninth Street to Eleventh
Street is unpaved and does not exceed two blocks including intersections, or thirteen
hundred twenty. five feet, whichever is the lesser; and
WHEREAS paving said portion of Poplar Street will make Poplar Street one
continuous paved street.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF GRAND ISLAND, NEBRASKA:
SECTION 1. Pursuant to Chapter 18, Article 20, R.R.S. Neb. 1943, that
portion of Poplar Street from Ninth Street to Eleventh Street shall be improved by paving,
curbing, guttering, and all incidental work in connection therewith, to be known as Street
.
.
OCT. 14 1991
ORDINANCE NO. 7760 (Contd)
Improvement No. 1176G, in accordance with plans and specifications prepared by the
Engineer for the City and approved by the Mayor and Council.
SECfION 2. The improvements shall be made at public cost, but the cost
thereof, excluding intersections, shall be assessed upon the lots and lands in the district
specicially benefited thereby as provided by law.
SECfION 3. The lots and parcels of real estate adjacent to or abutting upon
the portion of said street to be improved are located within the following boundaries:
Within Pleasant Hill Addition in the City of Grand Island, Hall
County, Nebraska, more particularly described as beginning at
a point where the East right-:-of-way line of Poplar Street
intersects the northerly right-of-way line of Ninth Street; thence
southeasterly perpendicular to the northerly line of Ninth
Street a distance of 60 feet to the southerly line of Ninth
Street; thence southwesterly on the southerly line of Ninth
Street a distance of 68.4 feet; thence northwesterly a distance
of 60 feet to the point where the northerly line of Ninth Street
intersects the West line of Poplar Street; thence southwesterly
on the northerly line of Ninth Street a distance of 142.5 feet;
thence North on a line 125 feet West of and parallel to the
West line of Poplar Street to the South line of Eleventh Street;
thence easterly on the South line of Eleventh Street for a
distance of 125 feet; thence northerly on a prolongation of the
West line of Poplar Street for a distance of 60 feet; thence
easterly on a prolongation of the North line of Eleventh Street
for a distance of 60 feet; thence southerly on a prolongation of
the East line of Poplar Street for a distance of 60 feet; thence
easterly on the South line of Eleventh Street for a distance of
125 feet; thence southerly on a line 125 feet East of and
parallel to the East line of Poplar Street to the northerly line
of Ninth street; thence southwesterly on the North line of
Ninth Street for a distance of 142.5 feet to the point of
beginning, all as shown on the plat marked Exhibit "A"
attached hereto and incorporated herein by reference.
2
.
.
OCT. 1 4 1991
ORDINANCE NO. 7760 (Contd)
SECfION 4. This ordinance shall be in force and take effect from and after
its passage, approval, and publication within fifteen days, without the plat, as provided by
law.
SECfION 5. This ordinance, with the plat, is hereby directed to be filed in
the office of the Register of deeds, Hall County, Nebraska.
Enacted October 14. 1991
~,JO< i!2a--.d-'
C E NEST L DOBEsH, Mayor
~
A TIEST:
~iu11v -1. fl~..,A>
ne Muritta F. a Jemki, City Clerk
3
OCT. 1 4 1991
.
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EXHIBIT 1t1.1
I CITY OF GRAND ISLANQ1~EBR.1
. ENGINEERING DEPARTw:.NT .
I PLAT TO ACCOMPANY ORDINANCE I
. NO. 7760 .
,
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Oct. 1 4 1991
. THIS SPACE RESERVED FOR REGISTER OF DEEDS.
ORDINANCE NO. 7759
An ordinance requiring grading, curbing, guttering, and paving of Beal Street
from 12th Street to 14th Street; providing for the levy and collection of special taxes and
assessments upon the adjacent or abutting properties specially benefited by such
improvements; and providing an effective date of this ordinance.
WHEREAS, that portion of Beal Street from 12th Street to 14th Street is
unpaved and does not exceed two blocks including intersections, or thirteen hundred
twenty-five feet, whichever is the lesser; and
WHEREAS paving said portion of Beal Street will make Beal Street one
continuous paved street.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF GRAND ISLAND, NEBRASKA:
SECTION 1. Pursuant to Chapter 18, Article 20, R.R.S. Neb. 1943, that
portion of Beal Street from 12th Street to 14th Street shall be improved by paving, curbing,
guttering, and all incidental work in connection therewith, to be known as Street
.
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OCT. i 4 1991
ORDINANCE NO. 7759 (Contd)
West line of Beal street for a distance of 620 feet; thence
deflecting left in an easterly direction along the North line of
Twelfth Street for a distance of 294 feet to the point of
beginning, all as shown on the plat marked Exhibit "A"
attached hereto and incorporated herein by reference.
SECTION 4. This ordinance shall be in force and take 'effect from and after
its passage, approval, and publication within fifteen days, without the plat, 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.
Enacted
October 14, 1991
ATTEST:
3
OCT. 1 4 1991
.
ORDINANCE NO. 7759 (Contd)
Improvement No. 1175G, in accordance with plans and specifications prepared by the
Engineer for the City and approved by the Mayor and Council.
SECfION 2. The improvements shall be made at public cost, but the cost
thereof, excluding intersections, shall be assessed upon the lots and iands in the district
specicially benefited thereby as provided by law.
SECfION 3. The lots and parcels of real estate adjacent to or abutting upon
the portion of said street to be improved are located within the following boundaries:
Within Goodwin Subdivision and George Loan's Subdivision in
the City of Grand Island, Hall County, Nebraska, more
particularly described as beginning at the junction of the West
right-of-way lie of Beal street and the North right-of-way line
of Twelfth street, said point also being the Southeast corner of
Lot 8, Block 3, of George Loan's Subdivision; thence
proceeding in a southerly direction along an extension of the
West line of Beal Street for a distance of 60 feet; thence
deflecting left in an easterly direction along the South line of
Twelfth Street for a distance of 81.5 feet; thence deflecting left
in a northerly direction perpendicular to the South line of
Twelfth street for a distance of 60 feet; thence deflecting right
in an easterly direction along the North line of Twelfth Street
for a distance of 278.5 feet; thence deflecting left in a northerly
direction 300 feet from and parallel to the East line of Beal
Street for a distance of 620 feet; thence deflecting left in a
westerly direction along the South line of 14th Street for a 300
feet; thence deflecting right in a northerly direction along an
extension of the East line of Beal Street for a distance of 30
feet; thence deflecting left in a westerly direction 30 feet from
and parallel to the South line of 14th Street for a distance of
60 feet; thence deflecting left in a southerly direction along an
extension of the west line of Beal street for a distance of 30
feet; thence deflecting right in a westerly direction along the
South line of 14th Street for a distance of 294 feet; thence
deflecting left in a southerly direction 294 feet from and
parallel to the West line of Beal Street from and parallel to the
.
2
OCT. 1 4 1991
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SfP. 3 0 1991
ORDINANCE NO. 7758
An ordinance to amend the Grand Island City Code to adjust fees; to amend
Chapter 25 pertaining to Pawnbrokers; to amend Chapter 33 pertaining to Subdivision
Regulations; to amend Chapter 36 pertaining to Zoning; to repeal those amended sections
as heretofore existing and any ordinances or parts of ordinances in conflict herewith; to
provide for publication of this ordinance and the effective date as required by law.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF GRAND ISLAND, NEBRASKA:
SECTION 1. Section 25-3 pertaining to Occupation Tax for Pawnbrokers of
Chapter 25 of the Grand Island City Code be and hereby is 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 $27.50 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 $13.75 for such period.
SECTION 2. Chapter 33-8 pertaining to Final Plat of Chapter 33 of the
Grand Island City Code be and hereby is amended to read as follows:
3.8. Final Plat
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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 final plat with the Planning Commission the
subdivider shall pay to the city treasurer a filing fee which shall not be
refundable unless such final plat is withdrawn. by the subdivider prior to
consideration by the Planning Commission. The filing fee shall be computed
by multiplying the gross acreage within the subdivision boundary by the
appropriate ft.'e as per the following schedule:
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SEP. 8 0 1991
ORDINANCE NO. 7758 (Contd)
Location
Fee
Minimum
Within the city limits
$27.50
$55.00
$110.00
$55.00
$82.50
$110.00
An addition to the City
Outside the city limits
A final plat to retain or sell an existing farmstead or a principal building as
defined by the Zoning Chapter of the Grand Island City Code on a single
tract split at any location shall be eligible for a minimum fee of $55.00.
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 require-
ments 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 final 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
2
SEP. 3 0 t9~1
.
ORDINANCE NO. 7758 (Contd)
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 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
11. Protective covenants, restrictions and conditions, if any.
b. City Clerk
i. Print of approved plat
ii. Approved subdivision agreement
c. Public Works Director
i. Reproducible of approved final plat.
6. . The final 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.
.
3
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c.
d.
e.
j.
m.
.
SEP. 3 0 1991
ORDINANCE NO. 7758 (Contd)
The lines of all streets and alleys and other lands to be dedicated with
their widths and names.
All lot lines and dimensions and numbering of lots and blocks
according to a uniform system.
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.
i.
The description, location, and elevation of all benchmarks.
Names in dotted lettering of adjacent plats with the location and
widths of adjoining streets shown by dashed lines.
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.
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:
i.
Paving design, including alignment, grades, and a typical
cross-section.
4
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.,).... . (.., ~, 1991
ORDINANCE NO. 7758 (Contd)
11.
Public sidewalks design and location.
iii.
Location of telephone, electric, and CATV facilities, if
underground.
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.
SECfION 3. Section 36-69 pertaining to Fees for board of adjustment
appeals of Chapter 36 of the Grand Island City Code be and hereby is amended to read
as follows:
~36-69. Fees
Prior to the filing of the appeal with the clerk of the board and the administrative
officer from whose decision the appeal is requested, the appellant shall pay to the city
treasurer a processing fee which shall not be refundable. The fee shall be based upon the
following schedule as per the facts existing at the time of filing of the appeal:
1. if the appeal is filed prior to construction . . . . . . . . . . . . . . . . .. $55.00;
2. if the appeal is filed after construction is begun for which a building permit
has not been issued ................................. $165.00;
3. if the appeal is filed after construction is begun and which is not in
conformance with the issued building permit ............... $275.00.
SECfION 4. Section 36-84 pertaining to Fees for rezoning and conditional
use permits of Chapter 36 of the Grand Island City Code be and hereby is amended to
read as follows:
5
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SEP. 3 0 1991
ORDINANCE NO. 7758 (Contd)
~36.84.
Fees
At the time of filing of an application for a rezoning amendment (map or text) with
the city clerk, the applicant shall pay to the city treasurer a processing fee of $165.00, which
shall not be refundable.
At the time of filing of an application for a conditional use permit with the city
clerk, the applicant shall pay to the city treasurer a processing fee of $110.00, which shall
not be refundable.
SECfION 5. Sections 25-3, 33-8, 36-69, and 36-84 of the Grand Island City
Code, as heretofore existing, and any ordinances or parts of ordinances in conflict herewith,
be, and hereby are, repealed.
SECfION 6. This ordinance shall be in force and take effect on October 1, 1991,
and after its passage and publication within fifteen days in one issue of the Grand Island
Independent as provided by law.
Enacted
September 30. 1991
Attest:
6
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~~" >~? :3 1991
ORDINANCE NO. 7757
An ordinance to amend Chapter 31 of the Grand Island City Code pertaining
to Signs; to amend Section 31-20 pertaining to Signs in Residential Districts; to establish the
maximum size of signs in residential areas; to repeal the current Section 31-20; and to
provide the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF GRAND ISLAND, NEBRASKA:
SECfION 1. Section 31-20 of Chapter 31 of the Grand Island City Code be
and hereby is amended to read as follows:
~31.20.
Signs in Residential Districts
Except as otherwise provided in Section 31-22, no signs of any nature
whatsoever shall be permitted in districts zoned, AG, T A, Rl, R2, R3, and
R4 under Chapter 36 of the Grand Island City Code. Nothing in this section
shall prevent the use of identification signs not to exceed twenty (20) square
feet in the districts mentioned above. The maximum allowable size of such
identification signs may be increased by one (1) square foot for each one and
one-half (1.5) feet of setback from any adjacent property line up to a
maximum of thirty-two (32) square feet.
SECfION 2. Section 31-20 of the Grand Island City Code as heretofore
existing, and any other ordinances or parts of ordinances in conflict herewith be and hereby
are repealed.
SECfION 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
0vEatf:o'~l
SEP 11 1991
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TgGAL DEPARTMENT ..i
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ORDINANCE NO. 7757 (Contd)
as provided by law.
Enacted
SEP. 2:3 1991
ikr/o\ LJ..;:u j
~ roes! L. Dobesh, Mayor,
Attest:
.
Sf? 2 S 1991
ORDINANCE NO. 7756
An ordinance creating Water Main District No. 402 in the City of Grand Island,
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
assessment of special taxes for constructing such water main; 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. 402 in the City of Grand Island, Nebraska, is
hereby created for the laying of a six inch water main with its appurtenances in Lillie Drive
from North Road to Mabel Drive.
SECTION 2. The boundaries of such water main district shall be as follows:
Beginning at a point 805.0 feet South of the Northeast comer of the Southeast
Quarter of the Northeast Quarter (SEY-iNEY-i) of Section Twenty-three (23),
Township Eleven (11) North, Range Ten (10) West of the 6th P.M., Grand
Island, Hall County, Nebraska, said point being the Southeast comer of Gosda
Subdivision in the City of Grand Island, Hall County, Nebraska; thence northerly
along the easterly line of said Gosda Subdivision a distance of 288.0 feet; thence
westerly along the northerly line of Lots 9, 10, 11, 12, 13, 14, 15, and 16 of Block
1, Gosda Subdivision, and their extensions a distance of 1,316.97 feet to the
westerly line of said Gosda Subdivision; thence southerly along the westerly line
of said Gosda Subdivision and its extension a distance of 552.0 feet to a point
264.0 feet South of the southerly right-of-way line of Lillie Drive; thence easterly
parallel to the southerly right-of-way line of said Lillie Drive a distance of 958.0
feet; thence northerly a distance of 264.0 feet to the southerly right-of-way line
of said Lillie Drive; thence easterly along the southerly right-of-way line of said
Lillie Drive a distance of 359.0 feet to the point of beginning, all as shown on
the plat marked Exhibit "A" attached hereto and incorporated herein by
reference.
.'
SECTION 3. Said improvements 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 water main shall be taken and contracts entered into in the manner provided by law.
.
.
SiP. 2 :3 1991
ORDINANCE NO. 7756 (Contd)
SECTION 4. The cost of construction of such improvements shall be assessed against
the property within such district abutting upon the streets wherein such water main has been
so placed to the extent of benefits to such property not to exceed the laying of a six-inch water
main, 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; and such special tax and assessments
shall constitute a sinking fund for the payment of any warrants or bonds for the purpose of
paying the cost of such water main in such district; and such special assessments shall be paid
and collected either in a fund to be designated and known as the Sewer and Water Extension
Fund for Water Main District No. 402, or 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, 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, 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
SEP. 2 3 1991
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~ RNEST L. OBESH, Mayor
ATTEST:
~(>rl/rU-> (' . cVr/uu,ztiJ -cf1 7( &Z1.c!&/ck-
Muritta F. Czaplewski, Ity Clerk
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DISTRICT NO. 402
BOUNDARY
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EXHIBIT 1It1.'
CITY OF GRAND ISLAND
UTILITIES DEPARTMENT
PLAT TO ACCOMPANY
ORDINANCE NO, 7756
DRN. BY: K.J,M, SCALE: 1"= 200'
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.
SEP. 2 3 1991
ORDINANCE NO. 7755
An ordinance creating Water Main District No. 401 in the City of Grand Island,
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
assessment of special taxes for constructing such water main; 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. 401 in the City of Grand Island, Nebraska, is
hereby created for the laying of a six inch water main with its appurtenances in Edna Drive
from North Road to Mabel Drive.
SECTION 2. The boundaries of such water main district shall be as follows:
Beginning at the Northeast corner of the Southeast Quarter of the
Northeast Quarter (SEy..NEy..) ,of Section Twenty-three (23),
Township Eleven (11) North, Range Ten (10) West of the 6th
P.M., Grand Island, Hall County, Nebraska, said point being the
Northeast corner of Gosda Subdivision in the City of Grand
Island, Nebraska; thence westerly along the northerly line of said
Gosda Subdivision, a distance of 1,316.83 feet to the Northwest
corner of said Gosda Subdivision; thence southerly along the
westerly line of said Gosda Subdivision a distance of 519.0 feet;
thence easterly along the southerly line of Lots 1, 2, 3, 4, 5, 6, 7,
and 8 of Block 1, Gosda Subdivision, and their extensions a
distance of 1,316.97 feet to a point on the East line of said Gosda
Subdivision; thence northerly along the easterly line of said Gosda
Subdivision a distance of 517.0 feet to the point of beginning, all
as shown on the plat marked Exhibit "A" attached hereto and
incorporated herein by reference.
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SECTION 3. Said improvements 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 water main shall be taken and contracts entered into in the manner provided by law.
.
.
C!~n ". ^' 19
~..;::,;;j 91
ORDINANCE NO. 7755 (Contd)
SECfION 4. The cost of construction of such improvements shall be assessed against
the property within such district abutting upon the streets wherein such water main has been
so placed to the extent of benefits to such property not to exceed the laying of a six-inch water
main, 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; and such special tax and assessments
shall constitute a sinking fund for the payment of any warrants or bonds for the purpose of
paying the cost of such water main in such district; and such special assessments shall be paid
and collected either in a fund to be designated and known as the Sewer and Water Extension
Fund for Water Main District No. 401, or the Water Surplus Fund.
SECfION 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.
SECfION 6. This ordinance, with the plat, is hereby directed to be filed in the office
of the Register of Deeds, Hall County, Nebraska.
SECfION 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.
SEE>. 2 3 1991
Enacted
~<...t=(~A2a~~
...--r ERNEST L. DOB SH, Mayor
A TrEST:
~/yWU.J ..c}:j (yJ~~d.D- ..(.~ &f d!e/(;L
U Muritta F. C aplewski, City Clerk
2
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SE? 2 3 1991
n' 33'
'\. LINE GOSOA SUB. POINT OF BEGINNING:.~ ~
NE. COR. SE 1/4. NE 1/4, ~
SEC. 23.11.10, N.E. COR.
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~WATERMAIN
DISTRICT NO. 40 I
BOUNDARY
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GOSOA
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EXHIBIT "~I
CITY OF GRAND ISLAND
UTILITIES DEPARTMENT
PLAT TO ACCOMPANY
ORDINANCE NO. 7755
ORN, BY' K,J.M, SCALE: ,"= 200'
rnE: 8/30/91 FlLE- WM 401
.
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SfP. 3 1991
ORDINANCE NO. 7754
An ordinance to amend Chapter 20 of the Grand Island City Code by adding
Section 20-16 pertaining to Skateboards; to designate the are within the downtown area
where skateboards are prohibited; to provide for a penalty; 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. Chapter 20 of the Grand Island City Code pertaining to
Miscellaneous Offenses is amended by adding Section 20-16 to read as follows:
~20-16. Skateboards
1. It shall be unlawful for any person to skateboard within the following
described boundaries of the City of Grand Island:
Union Pacific right-of-way on the north, Oak Street on the
east, First Street on the south, and Elm Street on the west.
2. Penalty. Any person violating the provisions of this ordinance shall be fined
according to the provisions of the Grand Island City Code.
SECTION 2. 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 Daily
Independent as provided by law.
Enacted
September 3, 1991 .
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/ Ernest L. Dobesh, M yor
Attest:
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SEP. 3 1991
ORDINANCE NO. 7753
An ordinance to extend the boundaries and include within the corporate limits of, and
to annex to, the City of Grand Island, Nebraska, a certain contiguous and adjacent tract of land
in the Northeast Quarter of the Northwest Quarter of the Southeast Quarter (NEY-.NWY-.SEY-.)
of Section 21, Township 11 North, Range 9 West of the 6th P.M., in Hall County, Nebraska;
to provide for service of benefits thereto; to provide severability; to confirm the zoning
classification thereof; and to provide a time when this ordinance shall take effect and be in
force.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. It is hereby found and determined by the City Council of the City of
Grand Island that:
(a) The tract of land in the Northeast Quarter of the Northwest
Quarter of the Southeast Quarter (NEY-.NWY-.SEY-.) of Section 21,
Township 11 North, Range 9 West of the 6th P.M., in Hall
County, Nebraska, as hereinafter more particularly described, is
urban and suburban in character and contiguous and adjacent to
the corporate limits of such City, and as urban and suburban in
character is not agricultural land rural in character; and
(b)
Police, fire, and snow removal benefits are available thereto, and
sanitary sewer and public water service are also available as
provided by law;
(c)
The zoning classification of such tract of land as shown on the
official zoning map of the City of Grand Island, Nebraska, is
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SEP. 3 1991
ORDINANCE NO. 7753 (Contd)
hereby confirmed;
(d) There is a unity of interest in the use of such tract of land with
the use of lots, lands, streets, and highways in the City, and the
community convenience and welfare and the interest of such City
will be enhanced through incorporating such lands and streets and
highways within the corporate limits of such City.
SECTION 2. The boundaries of the City of Grand Island, Nebraska, be, and hereby
are, extended to include within the corporate limits of such City the contiguous and adjacent
tract of land in Hall County, Nebraska, more particularly described as follows:
A tract of land in the Northeast Quarter of the Northwest
Quarter of the Southeast Quarter (NEY-JNWY-JSEY-J) of Section 21,
Township 11 North, Range 9 West of the 6th P.M., more
particularly described as:
Beginning at a point on the North line of the Northwest
Quarter of the Southeast Quarter (NWY4SEV4) of Section 21, said
point being 30.10 feet West of the Northeast corner of said
Northwest Quarter of the Southeast Quarter (NWY-JSEY4) of
Section 21; thence South a distance of 527.0 feet; thence West a
distance of 631.5 feet, more or less, to the West line of the
Northeast Quarter of the Northwest Quarter of the Southeast
Quarter (NElI4NWY-JSEY<i) of said Section 21; thence North along
the West line of the Northeast Quarter of the Northwest Quarter
of the Southeast Quarter (NEY<iNWY<iSEY-J) of Section 21 to the
North line of the Northwest Quarter of the Southeast Quarter
(NWY-JSEY<i) of Section 21; thence East on the North line of the
Northwest Quarter of the Southeast Quarter (NWY<iSEY<i) of
Section 21, to the point of beginning, as shown on the plat
marked Exhibit A attached hereto and incorporated herein by
reference.
SECTION 4. Such tract of land is hereby annexed to the City of Grand Island, Hall
County, Nebraska.
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ORDINANCE NO. 7753 (Contd)
SECfION 5. Upon the taking effect of this ordinance, the police, fire, and snow
removal services of such City shall be furnished to the tract of land herein annexed, and water
service and sanitary sewer service are available as provided by law.
SECTION 6. If any section, subsection, sentence, phrase, or clause of this ordinance,
or the annexation of any tract of land, street, or highway by this ordinance is for any reason
held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining
portions of this ordinance since it is the express intent of the Mayor and City Council to enact
each section, subsection, phrase, or clause separately.
SECfION 7. This ordinance shall be in force and take effect from and after its passage,
approval, and publication in the Grand Island Independent within fifteen days as provided by
law.
Enacted September 3. 1991
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SfP. 3 1991
ORDINANCE NO. 7751
An ordinance to amend the Grand Island City Code to adjust fees; to amend
Chapter 3 pertaining to Alarm Systems; to amend Chapter 16 pertaining to Fire Protection;
to amend Chapter 17 pertaining to Garbage, Refuse, Waste and Weeds; to amend Chapter
22 pertaining to Motor Vehicles and Traffzc; to amend Chapter 23 pertaining to Occupation
Taxes; to amend Chapter 25 pertaining to Pawnbrokers; to amend Chapter 32 pertaining to
Streets and Sidewalks; to amend Chapter 34 pertaining to Taxicabs and Public
Transportation; to repeal those sections as heretofore existing and any ordinances or parts
of ordinances in conflict herewith; and to provide for publication of this ordinance and the
effective date as required by law.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF GRAND ISLAND, NEBRASKA:
SECTION 1. Section 3-3 pertaining to Standards Required for Alarm Systems
of Chapter 3 of the Grand Island City Code be and hereby is amended to read as follows:
~3.3. Standards Required For Alann Systems
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Notification. Each subscriber must provide to the City of Grand Island on a
form provided by the Department of Communications and Civil Defense the
name, address, and telephone number of the subscriber and of the vendor,
if any, with whom the subscriber has contracted for maintenance of the alarm
system. Each subscriber shall also provide the City with the names,
addresses, and phone numbers of those persons (not less than two) who can
be contacted 24 hours a day and seven days a week to turn off or deactivate
an alarm system. It shall be the obligation of the subscriber to keep this
information current and correct through supplementary notifications filed
from time to time on the same form.
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Designated Telephone Lines. No person shall use or cause to be used an
alarm system or device of any kind that automatically dials or calls any
telephone line of the offices of the City of Grand Island or any department
or division thereof except such telephone line or lines as may be designed by
.
ORDINANCE NO. 7751 (Contd)
the Department of Communications and Civil Defense of the City for the
specific purpose of receiving signals from alarm systems.
3. Automatic Dialing or Calling Devices. Alarm systems that automatically dial
or call a telephone line designated by the Department of Communications
and Civil Defense shall comply with the following requirements:
a. Total length of the recorded message being transmitted to the
Department (including repetition of message) shall not exceed 30
seconds duration.
b. The recorded message transmitted shall be repeated not less than two
nor more than three times.
c. The recorded message being transmitted shall incorporate language
specifically identifying the message as a "recording" with the balance
of the message identifying by street number and street name the
location of the emergency and the nature of the event which caused
the alarm system to activate. If the location of the event signaled by
the alarm system is in a'multi-family building or a multi-unit office or
commercial building, the message shall also identify by number and by
floor the particular dwelling unit, office unit, or commercial unit in
which the event occurred.
d. The recorded message being transmitted to the department shall be
appropriate for the purpose for which the alarm system was installed,
and the message in its entirety shall be, intelligible and spoken in the
English language.
e. The City of Grand Island's cost of providing monitoring and
telephone lines designated for alarm systems that use automatic
dialing or calling devices, including any re-occurring fees charged,
shall be paid in advance each year to this City by the subscribers. The
fee shall be Seventy-six Dollars ($76.00) per year per device, to be
paid within thirty days of receipt. If not so paid, the system must be
disconnected immediately in the manner described in ~3-5(3).
4. Digital Alarm Systems. Subscribers to alarm systems that automatically
transmit digital data via common telephone line to a receiving unit located
at the Communications Center shall pay a monitoring fee, in advance, of
$202.00 per year.
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SEP. 3 1991
ORDINANCE NO. 7751 (Contd)
5.
Supervised (Dedicated line) Alarm Systems. Subscribers that automatically
transmit alarm conditions via dedicated telephone line to a receiving unit at
the Communications Center shall pay a monitoring fee of $365 per year, and
a central service fee of $144 per year, in advance.
6.
Application of Standards to Existing and Future Alarm ~ystems.
a. Every new system installed after May 10, 1982, shall comply with the
above standards.
b. Every alarm system existing before May 10, 1982, shall be placed in
compliance with the above standards no later than June 2, 1987. The
Department of Communications and Civil Defense may elect not to
respond to any alarm system that is not in compliance within that time
period, or may elect to charge each subscriber not in compliance for
each response at a rate of no less than Fifty-two and 50/100 Dollars
($52.50) per false alarm, or to charge the City's direct and indirect
costs for the time, labor, equipment, and other services used in
responding to such alarm, whichever is greater.
SECTION 2. Section 16-13 pertaining to Permit to Sell Fireworks of Chapter
16 of the Grand Island City Code be and hereby is amended to read as follows:
U6-13.
Pennlt 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 $131.00
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 17-15 pertaining to License Required; Fee for garbage
and refuse haulers of Chapter 17 of the Grand Island City Code be and hereby is amended
to read as follows:
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3rT :,': 1991
ORDINANCE NO. 7751 (Contd)
~17-1S.
License Required; Fee
a.
It shaH be unlawful for any person, firm, or corporation to coHect and
transport garbage or refuse for hire without first obtaining a license therefor
from the City.
b.
The foHowing two types of licenses are authorized:
1. Garbage Hauler License entitles the licensee to coHect and transport
both garbage and refuse.
2. Refuse Hauler License entitles the licensee to coHect and transport
only refuse.
c. The license year shaH run from October 1 of the calendar year to September
30 of the foHowing calendar year.
d. The fee for a garbage hauler license shaH be $110.00 per license year or any
fraction thereof, no part of which shaH be refundable.
e. The fee for a refuse hauler license shaH be $38.50 per license year or any
fraction thereof, no part of which shaH be refundable.
f. The provisions of this section shaJJ not apply to lawn care or tree trimmer
businesses.
g. No license issued hereunder shaJJ be transferable.
SECfION 4. Section 22-106 pertaining to Impounding of Vehicles Generally
of Chapter 22 of the Grand Island City Code be and hereby is amended to read as foJJows:
~22-106.
Impounding or Vehicles Generally
1.
Whenever any vehicle is found by a police officer parked, abandoned, or left
standing in the streets or aJJeys of the City in violation of the provisions of
this chapter, such police officer may remove and convey such vehicle, or
cause such vehicle to be removed and conveyed by means of towing or
otherwise, to the automobile pound. A police tag shall be attached to such
impounded vehicle indicating that such vehicle has been impounded, and
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:.:t:: 1991
ORDINANCE NO. 7751 (Contd)
directing the owner or operator to appear at the police department. No
impounded vehicle shall be discharged or removed from impoundment prior
to the public sale provided for in ~22-108 except by the payment by the
owner, operator, or drive of such impounded vehicle, of an impounding fee
of $11.00, plus any towing and storage charge assessed against such
automobile as provided for in ~22-107.
2. When, and if, the owner, operator, or custodian of such automobile presents
himself at the police department in response to the impoundment notice, it
shall be the duty of the officer in charge to inform such person of the nature
of the violation for which such vehicle was impounded. In case the owner,
driver, or custodian of any impounded vehicle executes an affidavit denying
the facts upon which the impoundment has been based, and protesting the
payment of such impounding, towing, and storage fees, the receipt for the
same shall be marked, "Paid Under Protest," and in such case it shall become
the duty of the chief of police to make complaint in conformity with the
provisions of this Code, or other ordinances of the City. If such person is
found not guilty by the court upon such charges, it shall be the duty of the
chief of police to refund to such person the fees so paid under protest.
3. Neither the owner, lessee, nor occupant of the premises from which any
abandoned vehicle shall be removed, nor the City of Grand Island shall be
liable for any loss or damage to such vehicle which occurs during its removal
or while in the possession of the City or its contractual agent, or as a result
of any subsequent disposition.
4. It shall be the duty of the chief of police to account for any fees collected by
him under the provisions of this section to the city treasurer, who shall place
the same in the police fund. The chief of police shall also keep a record of
the name of the owner of each impounded vehicle, the registration plate
numbers, if any, and the make and model year, of each impounded vehicle,
as well as the nature of each violation involved and the ultimate disposition
of each impoundment.
SECfION 5. Section 22-107 pertaining to Towing and Storage Charges of
Chapter 22 of the Grand Island City Code be and hereby is amended to read as follows:
5
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SEP. 3 1991
ORDINANCE NO. 7751 (Contd)
~22-107.
Towing and Storage Charges
1.
In addition to the impoundment fee established by ~22-106, there shall be
assessed against each impounded vehicle, the actual towing charge for said
vehicle, plus storage charges at the rate of $3.50 per day during the period
of impoundment.
2.
The chief of police is authorized to negotiate with one or more towing
services and thereby establish the actual towing charges for each vehicle
towed, based upon the type of vehicle, the condition of the vehicle, the
weather conditions, and any other factor affecting the cost of such towing,
including the availability of a towing service.
SECfION 6. Section 23-31 pertaining to Occupation Tax for solicitors and
peddlers of Chapter 23 of the Grand Island City Code be and hereby is amended to read
as follows:
fi23-31.
Occupation Tax
All solicitors, peddlers, itinerant merchants and transient vendors of merchandise,
magazines, publications, wares, and services shall pay an occupation tax of $131.00 per year,
or $31.50 per month.
SECfION 7. Section 25-3 pertaining to Occupation Tax for pawnbrokers of
Chapter 25 of the Grand Island City Code be and hereby is 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 $26.25 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 $13.75 for such period.
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SEP. 3 1991
ORDINANCE NO. 7751 (Contd)
SECTION 8. Section 32-25 pertaining to Permit; Fee for pavement or
sidewalk cut of Chapter 32 of the Grand Island City Code be and hereby is amended to
read as follows:
fi32-25.
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 five dollars ($5.00), 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.
SECTION 9. Section 32-27 pertaining to Charges for Pavement Cuts of
Chapter 32 of the Grand Island City Code be and hereby is amended to read as follows:
fi32-27.
Charges for Pavement Cuts
The City will, after the person or corporation receives the permit, do the following
work at the charges set forth, except in the case of public utility corporations or city-owned
utility departments as heretofore provided:
1.
For each linear foot of sidewalk or pavement cut (sawed),
whether bituminous or concrete . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.10
2.
Replacement for each square foot of four (4) inch concrete
sidewalk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.10
3.
Replacement for each square foot of five (5) inch concrete
sidewalks or driveways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.30
4.
Replacement for each square yard of six (6) inch concrete
pavement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $19.00
5.
Replacement for each square yard of one (1) inch additional
thickness over six (6) inch concrete
pavement .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1.75
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SfF'.::l 1997
ORDINANCE NO. 7751 (Contd)
6.
Replacement for each square yard of bituminous surfaced
pavement two (2) inches thick with six (6) inch concrete
base . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $22.75
7. Replacement for each square yard of six (6) inch bituminous
surfaced pavement without a concrete
base . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $18.25
8. For each lineal foot of curb section milled for driveways . . . . . . . . . $5.0'0
9. Replacement for each square yard of 2" bituminous surfaced
pavement over existing concrete paving .................... $13.75
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:
1.
Where work is to be performed in Light Business (B1) Zone, General
Business (B2) Zone, Heavy Business (B3) Zone, Light Manufacturing
(M1) Zone, Heavy Manufacturing (M2) Zone, Commercial Develop-
ment (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 (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
8
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.';;H':::1 '9~~1
ORDINANCE NO. 7751 (Contd)
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 10. Section 32-28 pertaining to Call-Out Charge of Chapter 32 of
the Grand Island City Code be and hereby is amended to read as follows:
~32-28.
Call-Out Charge
In addition to the charges established by ~32-27 of the Grand Island City Code,
each person or corporation receiving a permit as required by ~32-22 and requiring City
personnel for performance of the work required thereunder, shall pay a fee of $12.00 for
concrete sawing and $19.50 for concrete milling.
The aforesaid fee shall be credited to the Street, Alley & Paving Fund.
SECTION 11. Section 32-52 pertaining to Prerequisites Generally of Chapter
32 of the Grand Island City Code be and hereby is amended to read as follows:
~32-S2.
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 $5.00 shall
be charged for each permit, and each permit shall expire six months from date of issuance.
9
.
.
SEP. S 1991
ORDINANCE NO. 7751 (Contd)
SECTION 12. Section 32-69 pertaining to license agreement fee of Chapter
32 of the Grand Island City Code be and hereby is 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
council, 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 $55.00, which shall not be refundable.
SECTION 13. Section 34-17 pertaining to Fees for taxicab driver's permit of
Chapter 34 of the Grand Island City Code be and hereby is 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
For each renewal permit
$6.00
$6.00
SECTION 14. Sections 3-3, 16-13, 17-15,22-106,22-107, 23-31, 25-3, 32-25,
32-27, 32-28, 32-52, 32-69, and 34-17 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 15. 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
10
.
.
SEP. 3 1991
ORDINANCE NO. 7751 (Contd)
Independent as provided by law, and on October 1, 1991.
Enacted
September 3, 1991
,
<--
Attest:
11
.
.
I,UG. t 91991
ORDINANCE NO. 7750
An ordinance to amend Chapter 7 entitled Bingo of the Grand Island City
Code; to amend Section 7-7 pertaining to bingo permit fees; to amend Section 7-10
pertaining to bingo permit expiration dates; to repeal Sections 7-7 and 7-10 as heretofore
existing and Ordinance No. 7744; 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. Section 7-7 of Chapter 7 of the Grand Island City Code be and
hereby is amended to read as follows:
~7-7 Fee
The fee for a permit issued pursuant to this article, or each renewal thereof, shall
be the sum of ten dollars, which the applicant shall pay to the city clerk prior to filing the
application for such pennit, or renewal thereof, and a receipt for payment of the same shall
be filed with the application. When a permit is issued, the city treasurer shall credit such
fee to the general fund of the city.
SECTION 2. Section 7-10 of Chapter 7 of the Grand Island City Code be
and hereby is amended to read as follows:
~7-10 Expiration Date
Permits issued pursuant to this article shall expire on September 30 following the
date of issuance or renewal.
SECTION 3. Sections 7-7 and 7-10 of Chapter 7 of the Grand Island City
Code as heretofore existing, Ordinance No. 7744, and any other 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
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LEGAL DEPARTMENT
.
.
/dIG. t ~.J 1991
ORDINANCE NO. 7750 (Contd)
Independent as provided by Jaw.
Enacted August 19, 1991
Attest:
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j,U8. 1 81991
ORDINANCE NO. 7749
An ordinance to amend Ordinance No. 7731 known as the 1991-1992 Salary
Ordinance; to amend Section 2 of Ordinance No. 7731 to provide for uniform and tool
allowance; to repeal Section 2 of Ordinance No. 7731 as now existing; to provide the
effective date of this ordinance; 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 2 of Ordinance No. 7731 be and hereby is amended to
read as follows:
SECTION 2. All full-time fire fighters, police officers, and ambulance
attendants shall be paid a clothing and uniform allowance which shall be paid in
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addition to the regular salary to which such employees are entitled. The range of
this allowance is $55 to $76 per month. Full-time police officers may receive a
reimbursement toward the purchase of body armor, not to exceed $240. Full-time
l_{~..)
fire fighters may receive a one-time uniform acquisition allowance of $500. If any
such fire fighter, police officer, or ambulance attendant shall resign, or his or her
employment terminated for any reason whatsoever, he or she shall be paid clothing
allowance on a prorata basis, but no allowance shall be made for a fraction of a
month.
Utilities Department bargaining personnel, Meter Reader I, Meter Reader
II, Meter Reader Supervisor, Power Plant Superintendent, Assistant Power Plant
Superintendent, Line Superintendent, Assistant Line Superintendent, Water
Superintendent, Assistant water Superintendent, Underground and Substation
.
.
AUG. 1 9 199t
ORDINANCE NO. 7749 (Contd)
Superintendent, Assistant Underground and Substation Superintendent, and
Engineer I shall be eligible to participate in a voluntary uniform program providing
an allowance up to $18.00 per month. Public Works Department bargaining unit
personnel, shall be eligible by contract to participate in a voluntary uniform program
providing an allowance up to $18 per month. Full-time employees of the Shop
Garage Division bargaining unit shall receive a uniform allowance of $6 per week.
Employees in the job classifications Shop Foreman, Shop Superintendent, and
Equipment Mechanic I shall receive a tool allowance of $5 per week.
SECfION 2. Section 2 of Ordinance No. 7731 as heretofore existing, and any other
ordinance or part of ordinance in conflict herewith be and hereby is repealed.
SECfION 3. The provisions of this ordinance shall be effective for the pay of City
employees as of 12:01 a.m., August 1, 1991.
SECfION 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 Augus t 19, 1991
~
Attest:
JJfJM:lW ,1. a~l'~
Muritta F. Cz I wski, City Clerk
.
.
!tUG. 1 91991
ORDINANCE NO. 7748
An ordinance directing and authorizing the conveyance of part of Lot 6, Block 129,
Union Pacific Railway Co's 2nd Addition to the 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 MARK A. SLATER and TRACI J. SLATER,
husband and wife, of the following described property:
The Easterly One-Half (E1f2) of Lot Six (6), Block One Hundred Twenty-nine
(129), Union Pacific Railway Co's 2nd Addition to the City of Grand Island,
Hall County, Nebraska,
is hereby authorized and directed.
SECfION 2. The consideration for such conveyance shall be One Donar ($1.00).
Conveyance of the real estate above described shall be by special warranty deed, upon
delivery of the consideration, and the City of Grand Island will not furnish title insurance.
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 Daily 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
instJ1lcted to prepare and publish such notice.
SECfION 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
[~~~~~RM-
AUG 1 3 '1991
LEGAL DEPARTMENT
.
.
" 1 C] 1991
ORDINANCE NO. 7748 (Contd)
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 shaH 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 shaH make, execute, and deliver to the said MARK A. SLATER and TRACI J.
SLATER, husband and wife, 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.
SECfION 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 Daily
Independent as provided by law.
Enacted
AlIE11I::t19, 1991
~d)~
,,-
Ernest L. Dobesh, Mayor
Attest:
~JiAJlt-> J (b~
uritta F. Czaple i, CIty Clerk
AUG. 1 91991
.
ORDINANCE NO. 7747
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use district of certain lots in Pleasant View Ninth
Subdivision in the City of Grand Island, HaJJ County, Nebraska, from R1-Suburban
Residential Zone to R2-Low Density Residential 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 of the Grand Island City Code to conform to such
reclassifica tion;
WHEREAS, the Regional Planning Commission on August 7, 1991, held a public
hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 79-4,151, RRS. 1943, has been given to
the Board of Education of School District No.2 in HaJJ County, Nebraska; and
WHEREAS, after public hearing on August 19, 1991, the City Council found and
determined that the change in zoning be approved and granted.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That Lots One (1)"Two (2), Three (3), and Four (4), Pleasant View
Ninth Subdivision in the City of Grand Island, HaJJ County, Nebraska, be rezoned and
reclassified and changed from R1-Suburban Residential Zone to R2-Low Density
Residential Zone classification.
SECTION 2. That the official zoning map of the City of Grand Island, Nebraska,
be, and the same is, hereby ordered to be changed, amended, and completed in accordance
with this ordinance.
TO FORM
.
AUG 1 3 '199'1
LEGAL DEPARTMENT
.
.
AUG. 1 9199J
ORDINANCE NO. 7747 (Contd)
SECfION 3. That the findings and recommendations of the Regional Planning
Commission and the City Council of the City of Grand Island are hereby accepted,
adopted, and made a part of this ordinance.
SECfION 4. That Section 36-7 of the Grand Island City Code and all ordinances
and parts of ordinances in conflict herewith are hereby amended to reclassify the
above-described area as herein ordered and determined.
SECfION 5. 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 Daily
Independent as provided by law.
Enacted
August 19, 1991
S""f ~ Aa. A.--
"'ERNEST L. DOBE H, Mayor
ATTEST:
lIf4h1JJ1) J, a~~'
M ritta F. Czaple Iti, City Clerk
.
.
. lj 1991
ORDINANCE NO. 7746
An ordinance to assess and levy a special tax to pay the cost of construction
of Sanitary Sewer District No. 469 of the City of Grand Island, Nebraska; to provide for
the collection of such special tax; to repeal any provision of the Grand Island City Code,
ordinances, and parts of ordinances in conflict herewith; and to provide the effective date
of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF GRAND ISLAND, NEBRASKA:
SECfION 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 sanitary sewer in Sanitary Sewer District No. 469, as adjudged by the
Council of said City, sitting as a Board of Equalization, to the extent of benefits accruing
thereto by reason of such 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 the lots, tracts, and lands as follows:
NAME
Description
AMOUNT
The following assessment has been deferred in
accordance with City of Grand Island Resolution
dated May 7, 1990, and shall not accme interest
until terminated:
Inez M. Mauer and
Katherine Ann Maurer Hilker Part of NWv..NEv.. Sec 12-11-10,
Part of SW1f4NE1f4 Sec 12-11-10, and part of
EY:lNWv..SEv.. Sec 12-11-10, except portion deeded
for State Highway right-of-way and portion
~~Mr;~~'"'f'l~. .
L:HOV~O ~OIl~1
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LEGAL DEPARTMENT
.
.
{'. '- ',-.~~
ORDINANCE NO. 7746 (Contd)
deeded to City of Grand Island as shown on attached
plat $122,621.51
The following assessment has been deferred in
accordance with City of Grand Island Resolution
dated March 12, 1990, and shall not accrue interest
until terminated:
Fred L Kirschbaum
Part of W~NWv..SEv.. Sec 12-11-10
as shown on the attached plat $24,974.97
Kenneth L & Alice J Shriver Part of SWV-tSEV-t Sec 12-11-10,
described as beginning at the Northwest corner
of Lot 1, Wal-Mart Subdivision; thence northerly
on a prolongation to the West line of said Lot 1
to the North line of the SWV-tSEl,4 Sec 12-11-10; thence
easterly on said North line of SWV-tSEl,4 Sec 12-11-10
for a distance of 450 feet; thence South on a line for
a distance of 150 feet; thence westerly on a line for
a distance of 300 feet; thence southerly on a line to
a point on the North Line of said Lot 1, Wal-Mart
Subdivision; thence westerly on the North line of Lot 1,
Wal-Mart Subdivision, for a distance of 150 feet to the
point of beginning $13,525.76
Mid-Nebraska Auto Auction Inc The East 150 feet of the West
363 feet of the SWV-tSEV-t Section 12-11-10
$25,861.63
Beverly Sommer
Lot 1, Wal-Mart Subdivision
$11,322.43
Park Breslin
Grand Island Associates W150' Lot 1, Park Island Square Subdivision
$16,223.01
Park Breslin
Grand Island Associates Part of NWV-tNEV-t Sec 13-11-10, and part of
SWV-tNEv.. Sec 13-11-10, except that portion
deeded for state Highway right-of-way and
area subdivided into Park Island Square Sub
$84,841.21
2
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.
AUG. J 91991
ORDINANCE NO. 7746 (Contd)
The following assessment has been deferred in
accordance with City of Grand Island Resolution
dated March 26, 1990, and shall not accrue interest
until terminated:
L-Three Investments Limited Part of NWY4SEll4 Section 13-11-10
except that portion deeded for state
right-of-way
$20,000.00
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 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 per annum shall be paid thereon until
the same is collected and paid.
SECTION 3. The Finance Director 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 as the "Sewer and Water Extension Fund" for sanitary Sewer District No. 469.
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.
3
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Ai,JG. I t) '0," ~
....., 4~':"1"
ORDINANCE NO. 7746 (Contd)
SECfION 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
August 19, 1991
~c?'2a.,A ,
-Ernest L. Dobesh, Mayor
Attest:
~,J1V j. e~oab
Muritta F. Cz WSkl, City Clerk
4
.
.
AUG. 1 9 1991
ORDINANCE NO. 7745
An ordinance to create Sidewalk District No.1, 1991; 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 the effective date of this ordinance.
WHEREAS, the Mayor and Council of the City of Grand Island have
heretofore by resolution passed by a three-fourths vote of all members of the Council
determined the necessity for certain sidewalk improvements, pursuant to Section 19-2417,
RRS. 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 in the resolution of necessity; and
WHEREAS, it is the determination of this Council that such sidewalks should
be constructed by the district method;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECfION 1. Sidewalk District No.1, 1991, of the City of Grand Island,
Nebraska, is hereby created.
SECfION 2. The district where sidewalks shall be constructed shall include
the following lots and parcels of ground:
1.
94 feet of sidewalk should be constructed on Faidley Avenue adjacent to Lot
1, TVN Subdivision, also known as 654 North Kennedy Drive.
2.
82 feet of sidewalk should be constructed on Howard Street adjacent to Lot
16, Block 16, University Place, also known as 2520 West College.
-
I APPR~ TO FORM
r-. AUG ~ ~ ~9~
LEGAL DEPARTMENT
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3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
.
.J"1,,,, '
I.liu. 1 9 1991
ORDINANCE NO. 7745 (Contd)
80 feet of sidewalk should be constructed adjacent to Lot 10, Block 17,
Packer and Barr's Second Addition, also known as 1840 West Blake Street.
70 feet of sidewalk should be constructed on Darr Street adjacent to Lot 1,
Block 13, Packer and Barr's Addition, also known as 2104 West North Front
Street.
66 feet of sidewalk should be constructed on Carey Avenue adjacent to Lot
6, Block 21, Packer and Barr's Second Addition, also known as 2223 West
North Front Street.
74 feet of sidewalk should be constructed on Carey Avenue adjacent to Lot
10, Block 21, Packer and Barr's Second Addition, also known as 2222 West
Blake Street.
15 feet of sidewalk should be constructed adjacent to the east 60 feet of Lots
4 and 5, Block 43, Packer and Barr's Second Addition, also known as 2502
West Lincoln Highway.
118 feet of sidewalk should be constructed on West North Front Street
adjacent to Lot 5, Block 18, Packer and Barr's Second Addition, also known
as the vacant lot north of 248 North White.
77 feet of sidewalk should be constructed on Custer Avenue adjacent to Lot
4, Block 42, Packer and Barr's Second Addition, also known as 2604 Lincoln
Hwy.
94 feet of sidewalk should be constructed adjacent to Lot 16, Kallos Second
Subdivision, also known as the vacant lot north of 415 Orleans.
60 feet of sidewalk should be constructed on North Front Street, and 83 feet
on Lincoln Avenue, adjacent to Lot 4, Block 7, Arnold and Abbott's
Addition, also known as 357 North Lincoln.
4 feet of sidewalk should be constructed on 15th street adjacent to Lot 10,
Block 82, Wheeler & Bennett's Fourth Addition, also known as 320 East 15
Street.
Sidewalk adjacent to Lot 1, Block 18, Schimmer's Addition, also known as
1618 North Walnut Street, should be widened to comply with City Code
requirements.
2
19ft .~
I ORDINANCE NO. 7745 (Coold)
14. 15 feet of sidewalk should be constructed adjacent to Fractional Lots 1, 2,
and 3, and the north one-half of the vacated alley, Block 13, Fairview Park
Addition, also known as 914 North Adams.
15. 125 feet of sidewalk should be constructed on Fifth Street adjacent to Lot 5,
Block 9, Packer and Barr's Addition, also known as the southwest corner of
Fifth and Broadwell Streets. .
SECfION 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.
SECfION 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 Section 19-2418, R.R.S. 1943.
SECfION 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
Au~ust 19.1991
~ .
--~~'"#cid1a~L- ,
~ Ernest L. Dobes , Mayor -
Attest:
3
e
(I
(
.
AUG. 5 1991
ORDINANCE NO. 7744
An ordinance to amend Chapter 7 entitled Bingo of the Grand Island City
Code; to amend Section 7-7 pertaining to bingo permit fees; to amend Section 7-10
pertaining to bingo permit expiration dates; to repeal Sections 7-7 and 7-10 as heretofore
existing; and to provide the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF TIlE CITY
OF GRAND ISLAND, NEBRASKA:
SECTION 1. Section 7.7 of Chapter 7 of the Grand Island City Code be and
hereby is amended to read as follows:
~7.7 Fee
The fee for a permit issued pursuant to this article, or each renewal thereof, shall
be the sum of ten dollars for any permit issued prior to March 31, 1992, and fifteen dollars
for any permit issued during the remainder of the 1992 calendar year. For each year
thereafter, the permit fee or renewal thereof shall be the sum of ten dollars. The applicant
shall pay such fee to the city clerk prior to filing the application for such permit, or renewal
thereof, and a receipt for payment of the same shall be filed with the application. When
a permit is issued, the city treasurer shall credit such fee to the general fund of the city.
SECTION 2. Section 7-10 of Chapter 7 of the Grand Island City Code be
and hereby is amended to read as follows:
~7-10 Expiration Date
Permits issued pursuant to this article prior to March 31, 1992, shaJI expire on
March 31, 1992, and permits issued during the remainder of the 1992 calendar year shall
expire on September 30, 1993. For each year thereafter, permits shall expire on September
30 following the date of issuance or renewal.
SECTION 3. Sections 7-7 and 7-10 of Chapter 7 of the Grand Island City
Code as heretofore existing, and any other ordinances or parts of ordinances in conflict
herewith be and hereby are repealed.
Mr'dW'/ED AS TO FORM
- ..#-
AUG 2 1991
I..EGAL DEPARTMENT
"
-
AUG. 5 1991
ORDINANCE NO. 7744 (Contd)
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 Daily
independent as provided by law.
Enacted
August 5, 1991
Attest:
~ILliJt,JJ. ~~
Muritta F. Cza e ski, City Clerk
2
.
.
AUE. t', 19lH
ORDINANCE NO. 7743 (Contd)
f17-35.
Duty to Cut
It shall be the duty of each owner, agent, occupant, or person in possession, charge
or control of any lot or piece of ground in the City of Grand Island, Nebraska, to cut and
remove from such lot or piece of ground together with the adjoining streets or alleys, all
weeds, grasses, or worthless vegetation twelve inches or more in height, and the cuttings
shall be removed from such real estate.
f17-36.
Notice to Cut
All weeds, grasses, or worthless vegetation twelve inches or more in height shall be
cut and removed from all lots and pieces of land in the City of Grand Island, Nebraska,:.
Notice to abate and remove such nuisance shall be sent to each owner or owner's
duly authorized agent and to the occupant, if any, by personal service or certified mail.
Within five days after receipt of such notice, if the owner or occupant of the lot or piece
of ground does not request a hearing with the City or fails to comply with the order to
abate and remove the nuisance, or if such owner, agent or occupant cannot be served, the
City may have such work done and may levy and assess the costs and expenses of the work
upon the lot or piece of ground so benefitted in the same manner as other special taxes for
improvements are levied and assessed.
U 7-37.
Noncompliance with Notice; Procedure
Upon the failure of the owner, agent, occupant, or person in possession, charge or
control of any lot or piece of land in the City of Grand Island to comply with the notice
in regard to the cutting and removing of weeds, grasses, or worthless vegetation, the city
council may have such work done and the real estate cleaned of refuse, debris or other
obstructions to permit such work, if necessary. Upon such action by the city council a bill
for the expenses and costs as hereinbefore provided shall be presented to the owner, agent,
occupant, or person in possession, charge or control of such real estate for payment within
ten days from the date of such bill.
f17-38.
Assessment; Levy; Collection
If the costs and expenses of cutting and removing weeds, grasses, or worthless
vegetation and costs of removing any refuse, debris or other obstructions to permit such
cutting is not paid within the time provided, the city council shall, and it is hereby
empowered to, levy and assess the costs and expenses of such work upon the property so
benefitted. The same shall be levied on all lots, tracts or parcels of land to the extent of
the special benefits to such real estate, by reason of such improvement, such benefits to be
2
.
.
AUG. 5 1991
ORDINANCE NO. 7743
An ordinance to amend Chapter 17 entitled Garbage, Refuse, Waste & Weetb
of the Grand Island City Code; to amend Sections 17-34, 17-35, 17-36, 17-37, and 17-38 to
more particularly define vegetation to be removed; to declare worthless vegetation a public
nuisance; to provide for removal of worthless vegetation; to provide for assessment of
expenses of removal; to repeal Sections 17-34, 17-35, 17-36, 17-37, and 17-38 as heretofore
existing; 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. Sections 17-34, 17-35, 17-36, 17-37, and 17-38 of Chapter 17
of the Grand Island City Code, be, and hereby are, amended to read as follows:
U 7-34.
Weeds; Prohibited
It shall be unlawful and hereby declared a public nuisance for any owner, agent,
occupant, or person in possession, charge or control of any lot or piece of ground in the
City of Grand Island, Nebraska, to allow or maintain any growth of twelve inches or more
in height of weeds, grasses, or worthless vegetation and upon conviction such owner, agent
occupant, or person shall be penalized in accordance with the provisions of the Grand
Island City Code. A separate and distinct offense shall be regarded as having been
committed on each calendar day that such weeds, grasses, or worthless vegetation is
permitted to remain on said premises.
As used and applied in this section, weeds shall include, but not be limited to,
bindweed (convolvulus arvensis), puncture vince (tribulus terrestris), leafy spurge
(euphorbia esula), Canada thistle (cirsium arvense), perennial peppergrass (Iepidium
draba), Russian knapweed (cenaurea picris), Johnson grass (sorghum halepense), nodding
or musk thistle (Carduus nutans), Scotch thistle (onopordum acanthium), morning glory
(Impmoea spp.), bur ragwood (Franseria discolorlFranseria tomentosa), glodepodded hoary
cress (Hymenophysa pubescens), quack grass (agropyron repens), perennial sow thistle
(sonchus arvensis), horse nettle (solanum carolinense), bull thistle (cirsium lanceolatum),
buckthorn (rahmnus sp.) (tourn), hemp plant (cannabis sativa), ragweed (ambrosiaceae),
or any other economically useless plant or plant of unsightly appearance.
~~:';;;mVED AS TO FORM
-~~ '
AUG 2 '1991
LEGAL DEPARTMENT
e
I
AU6. 5 1991
ORDINANCE NO. 7743 (Contd)
determined by the city council sitting as a board of equalization after publication in a
newspaper having general circulation in the City and personal notice at least ten days prior
thereto. The assessments so levied shall be a lien on the property on which levied from the
date of levy and shall be due and payable to the city treasurer thirty days after such levy
and shall become delinquent fifty days after such levy and shall bear interest at the rate of
seven percent per annum from the date they become delinquent; and" at the time of the
next certification for general revenue purposes to the county clerk, if not previously paid,
the special taxes shall be certified to the county clerk and by him be placed upon the tax
list and be collected as other real estate taxes are collected, and be paid over to the city
treasurer.
SECTION 2. Sections 17-34, 17-35, 17-36, 17-37, and 17-38 of Chapter 17
of the Grand Island City Code as heretofore existing, and any other ordinances or parts of
ordinances in conflict herewith are hereby 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
August 5, 1991
Attest:
3
.
.
-==--
Jill ,,), 1
"J~, "':.. ~J 991
ORDINANCE NO. 7742
An ordinance to amend Ordinance No 7645 as amended by Ordinance No. 7661,
Ordinance No. 7697, and Ordinance No. 7711, known as the 1990-1991 Annual Appropriation
Ordinance of the City of Grand Island; to declare the purpose. of Employee Benefit Fund-
account 209 fu))y accomplished: to transfer the remaining balance of said fu-;td-account to Police
and Fire Pension Fund-account 205: to increase the appropriation to. said fund: to amend
appropriation divisions within certain funds; to provide for severability: 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. The Employee Insurance Account 209 of the Employee Benefit
Fund was established to appropriate funds for payment of employee insurance benefits for
various departments of the City, which purpose has been fu))y accomplished. There is no
indebtedness remaining against said account which has not been fu))y paid. The sum of $13,000
of the unexpired unexpended balance of said fund shall be transferred to the Police Pension
Account 205 of the Police and Fire Pension Fund, thereby increasing the appropriation of said
Police Pension Account 205 to the total sum of $179,700. The appropriations of the Annual
Appropriation Ordinance No. 7645, as amended by Ordinance No. 7661, Ordinance No. 7697,
and Ordinance No. 7711 are hereby amended in accordance with the transfer hereinbefore set
forth.
SECTION 2. That the Annual Appropriation Ordinance No. 7645, as amended
by Ordinance No. 7661, Ordinance No. 7697, and Ordinance No. 7711 is amended to delete
the corresponding original fund-account lines and insert the following:
C~~Ut~~:~"':r';?'~~~".""t'4:q..~:'t~_~
APPROV~iiFORM'
,..."'.......~.-.~j"'.~
JUL 26 '1991
LEGAL DEPARTMENT
.
.
;2,.) 19.91
ORDINANCE NO. 7742 (Contd)
PUBLIC HELA TH AND SAFETY FUND
Fund-account
Appropriation
Olange: incre~ (dea-e~)
Name
160 Police Department $1,934,333.00 . $33,000.00
122 Health Department 94,475.00 (6,000.00)
143 Fire Department 1,576,350.00 (19,000.00)
144 Ambulance 491,023.00 (8,000.00)
Net Change 0.00
EMPLOYEE BENEFIT FUND
Fund-account Name Appropriation Olange: jncre~ (deae~)
203 Social Security $1,316,566.00 $17,000.00
204 Gen. Pension/Salary Adj. 920,700.00 (17,000.00)
Net Change 0.00
DEBT SERVICE FUNDS
Fund-account Name Appropriation ClJange: j~ (deae~)
210 Storm Sewer Bond $53,117.00 $1.00
211 Library Bond 50,999.00 (1.00)
Net Change 0.00
SANITARY SEWER FUND
Fund-account Name Appropriation Olange: j~ (deae~)
310 Sewer Revenue $145,925.00 $31,000.00
311 Sewer Bond 176,000.00 2,500.00
325 Sewer Operation 1,145,926.00 7,000.00
335 Plant Improvement 241,500.00 (40,500.00)
Net Change 0.00
2
.
.
2: " '1~~)91
ORDINANCE NO. 7742 (Contd)
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 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 Daily Independent as
provided by law.
Enacted
July 29, 1991
Attest:
3
-
e
JUL. 2 2 1991
ORDINANCE NO. 7741
An ordinance to amend Chapter 20 of the Grand Island City Code; to amend
Section 20-2 pertaining to Trespassing; to repeal Section 20-2 as now existing; 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. Section 20-2 of Chapter 20 of the Grand Island City Code be
and hereby is amended to read as follows:
fi20-2. Trespassing
It shall be unlawful for any person to enter onto or remain on any publicly-owned
or privately-owned property for which said person has been given notice against trespassing
by actual communication, by posting as prescribed by law or reasonably likely to come to
said person's attention, or by fencing or other enclosure manifestly designed to exclude
intruders.
SECfION 2. Section 20-2 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 force and take effect from and after
its passage and publication within fifteen days in one issue of the Grand Island Daily
Independent as provided by law.
Enacted
July 22, 1991
e~~~4h-J~
~ rnest L. Dobes : Mayor
--/
Attest:
~.j.(!,~~
uritta F. Cza I wski, City Clerk
JUL 16 199'1
l.EGAL DEPARTMENT
JUl. 2 2 1991
.
ORDINANCE NO. 7740
An ordinance to amend Chapter 31 of the Grand Island City.Code; to amend
Section 31-3 pertaining to fees for sign hangers; to amend Section 31-5 to correct reference
to fee schedule; to repeal Sections 31-3 and 31-5 as now existing; 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. Section 31-3 of the Grand Island City Code be and hereby is
amended to read as follows:
131-3. 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. $150.00 for a new license;
b. $50.00 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;
TO FORM
LEGAL DEPARTMENT
.
.
" . Z?~? 1991
ORDINANCE NO. 7740 (Contd)
c.
A provision that said policy or policies may not be canceled without
written notice of such cancellation having been seJVed on the City at
least thirty days prior to the date of cancellation.
SECfION 2. Section 31-5 of the Grand Island City Code be and hereby is
amended to read as follows:
~31-5. Pennlt to Erect, Move, or Remove Sign
1. A permit shall be obtained from the chief building inspector for each sign to
be erected, re-erected, moved, or removed in the City, prior to the work
being performed;
2. Before issuing a permit for erecting any sign, a drawing shall be submitted
to the chief building inspector showing height, width, elevations, and
electrical details of such signs;
3. Upon the granting of a permit for sign erection or moving, the applicant shall
pay a fee to the City in accordance with the fee schedule set forth in ~8-26
of the Grand Island City Code;
4. When any construction, alteration, or repair of a sign shall have been started
before a permit has been issued, a permit fee of double the amount provided
by ~8-26 shall be charged.
SECfION 3. Sections 31-3 and 31-5 of the Grand Island City Code as
heretofore existing, and any ordinances or parts of ordinances in conflict herewith, be, and
hereby are, repealed.
SECfION 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
.
.
.,~)L. ~? 2 1Sg1
ORDINANCE NO. 7740 (Contd)
Independent as provided by law.
Enacted
July 22, 1991
Attest:
'tlf"'itJ;1J $, ~;tt),/).J<J
uritta F. Cza ski, City Clerk
~<,.,,;,.-~ A)~.j~
<' E nest L. Dobes, yor
,I
';Jl~. ;2:;::' 19Q1
.
ORDINANCE NO. 7739
An ordinance directing and authorizing the conveyance of Lot 1, Chateau Orleans
Third Subdivision in the 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 PHILIP E. HAMMON and LORRAINE J.
HAMMON, husband and wife, of Lot 1, Chateau Orleans Third Subdivision in the City of
Grand Island, Hall County, Nebraska, is hereby authorized and directed.
SECfION 2. The consideration for such conveyance shall be Six Thousand Dollars
($6,000.00). Conveyance of the real estate above described shall be by deed, upon delivery
of the consideration. The Grantee shall pay the 1990 and any prior years general real
estate taxes, and the taxes for 1991 shall be prorated to date of possession. The cost of
the title insurance policy shall be paid one-half by the Buyer and one-half by the Seller.
SECfION 3. As provided by law, notice of such conveyance and the terms thereof
shall be published for three consecutive weeks in the Grand Island Daily 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
.
JUL 1 ti "199'j
AL DEPART
.
.
.2' 19.1
ORDINANCE NO. 7739 (Contd)
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.
SECfION 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 PHILIP E. HAMMON and LORRAINE J.
HAMMON a deed for said real estate, and the execution of such deed is hereby authorized
without further action on behalf of the City Council.
SECfION 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 22, 1991
~<L//-~ ~
Ernest L. Dobesh, Mayor
ATIEST:
~;j}j).j.e~
ritta F. Cza ski, City Clerk
1
.
.
JUL. 2 2 19Q1
ORDINANCE NO. 7738
An ordinance to amend Chapter 26 of the Grand Island City Code; to amend
Section 26-22 pertaining to registration fees for plumbing contractors; to amend Section 26.
43 pertaining to license fees for water conditioning contractors; to repeal the original
Sections 26-22 and 26-43 as now existing; and to provide the effective date of this
ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF GRAND ISLAND, NEBRASKA:
SECfION 1. Section 26.22 of Chapter 26 of the Grand Island City Code be
and hereby is amended to read as follows:
~26-22. 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:
Plumbing Contractors License .... . . . . . . . . . . . . . . . . . . . . . . . . . .. $150.00
Plumbing Contractors License, after June 1 ...................... $50.00
Plumbing Contractors License, consecutive renewal ................ $50.00
SECfION 2. Section 26-43 of Chapter 26 of the Grand Island City Code be
and hereby is amended to read as follows:
'<'
~26-43.
License; Fees
1.
The license fees for water conditioning contractors shall be:
a. For new licenses: .............................. $150.00
b. For renewals: .................................. $50.00
2.
The annual fee for water conditioning installers shall be ten doUars ($10.00).
.
.
,YIL.. 2 2 1991
ORDINANCE NO. 7738 (Contd)
SECfION 3. Sections 26-22 and 26-43 of Chapter 26 of the Grand Island
City Code as heretofore existing, and any ordinances or parts of ordinances in conflict
herewith, be, and hereby are, repealed.
SECfION 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
July 22, 1991
~~o<:~
Ernest L. Dobesh, Mayor
Attest:
'(
.
.
JUL. 2 2 1991
ORDINANCE NO. 7737
An ordinance to amend Chapter 18 of the Grand Island City Code; to amend
Section 18-21 pertaining to fees for gas fitters; to repeal Section 18-21 as now existing; 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. Section 18-21 of Chapter 18 of the Grand Island City Code be
and hereby is amended to read as follows:
118-21. Fees
The following fees shall be charged for registration and examination:
Master gas fitting contractor's license fee
Master gas fitter's license registration card
Journeyman gas fitter's registration card
New Renewal
$150.00 $50.00
$10.00 $10.00
$10.00 $10.00
$10.00
$10.00
Master gas fitter's examination fee
Journeyman gas fitter's examination fee
'(
SECTION 2. Section 18-21 of Chapter 18 of the Grand Island City Code,
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
)fORM
JUL 16 1991
LEGAL DEPARTMENT
.
.
JUL 22 1991
ORDINANCE NO. 7737 (Contd)
as provided by law.
Enacted
July 22. 1991
.
~U7a~
, Ernest L. Dobes , Mayor
Attest:
~~) .:1. g#f!l~"
Muritta F. Cz ewski, City Clerk
"(
.
.
jUt.. 2 ~21991
ORDINANCE NO. 7736
An ordinance to amend Chapter 15 of the Grand Island City Code; to amend
Section 15-5 to correct reference to fee schedule; to amend Section 15-22 pertaining to fees
for contracting electricians; to repeal Sections 15-5 and 15-22 as now existing; and to
provide the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF GRAND ISLAND, NEBRASKA:
SECfION 1. Section 15-5 of Chapter 15 of the Grand Island City Code be
and hereby is amended to read as follows:
115-5. Penult; Fees
Upon the granting of a permit for electrical work, the applicant shall pay a fee to
the City in accordance with the fee .schedule set forth in ~8-26 of the Grand Island City
Code.
SECfION 2. Section 15-22 of Chapter 15 of the Grand Island City Code be
and hereby is amended to read as fo))ows:
115-22. Registration Certificate; Fee
The fee to be collected by the building inspector for the registration of contracting
electricians shall be as follows:!
New electrical contractor's license issued between January 1
and June 30 ............................................ $150.00
New electrical contractor's license issued between July 1 and
December 31 ........................................................................................ $50
Renewals
.................................................
$50
JUL 1 6 1991
LEGAL DEPARTMENT
.
.
JUL. 2 2 1991
ORDINANCE NO. 7736 (Contd)
SECfION 3. Sections 15-5 and 15-22 of Chapter 15 of the Grand Island City
Code as heretofore existing, and any other ordinances or parts of ordinances in conflict
herewith, be, and hereby are repealed.
SECfION 4. This ordinance shaH 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 22, 1991
.~cLd~~
"'Ernest L. Dobesh, Mayor
Attest:
~hVJuJ ~r
uritta F. Cza I wski, City Clerk
:(
.
.
JUL. 22 1991
ORDINANCE NO. 7735
An ordinance to amend Chapter 8 pertaining to Buildings of the Grand Island
City Code; to amend Section 8~26 pertaining to Building Permit Fees; to amend Section 8~43
pertaining to license fees for moving buildings; to amend Section 8~60 pertaining to license
fees for demolishing buildings; to repeal the original Sections 8~26, 8~43, and 8~60 as
existing; and to provide the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF GRAND ISLAND, NEBRASKA:
SECfION 1. Section 8~26 of Chapter 8 of the Grand Island City Code be
and hereby is amended to read as follows:
fi8~26. Building Pennlt 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 exercised by the City:
Estimated Valuation
Fee
$1.00 to $1,600
$1,601 to $1,700
$1,701 to $1,800
$1,801 to $1,900
$1,901 to $2,000
$2,001 to $25,000
$20.00
$22.00
$24.00
$26.00
$28.20
:(
$28.20 for the first $2,000 plus $5.25 for
each additional $1,000 or fraction thereof,
to and including $25,000.00
$25,001 to $50,000
$148.95 for the first $25,000 plus $4.00 for
each additional $1,000 or fraction thereof,
to and including $50,00Il.00 _,~
i AI"jJfWV . TO FORM
r JUl l' 1991
1
LEGAL DEPARTMENT
JUL. 2 2 1991
. ORDINANCE NO. 7735 (Contd)
.
$50,001 to $100,000 $248.95 for the first $50,000 plus $2.65 for
each additional $1,000 or fraction thereof,
to and including $100,000.00
$100,000 and up $381.45 for the first $100,000 plus $2.25
for each additional $1,000 or fraction
thereof
SECfION 2. Section 8-43 of Chapter 8 of the Grand Island City Code be
and hereby is amended to read as follows:
~8-43. License Required to Move Buildings
A. It shall be unlawful for any person to engage in the business of moving
houses and buildings within the City limits and within two miles of the
corporate boundary of said City without first being licensed as such by the
City and paying the fee therefor; provided, however, no license shall be
required to move a building which has a floor surface of one hundred square
feet or less. Buildings which do not exceed sixteen feet in width or
twenty-four feet in length may be exempted from the requirements of this
Article by the chief building inspector upon finding that such exemption
would not adversely affect the public interest. Such license shall be issued by
the chief building inspector, and the same shall expire on December 31 of the
year the same is issued.
B. The fee for a new license shall be $150.00, and the fee for a renewal thereof
shall be $50.00.
SECfION 3. Section 8-60 of Chapter 8 of the Grand Island City Code be
and hereby is amended to read as follows:
C(
~8-60. License Required; Fee; Term
1. Any person engaged in the business of wrecking and demolishing buildings
and houses in the City and in the area within two miles of the corporate
boundary of said City, shall, before starting such business in the City or
within such two mile area beyond its corporate limits, secure from the chief
building inspector a license to engage in such business.
2. The annual license fees for such license, which shall expire on December 31,
following the date of issuance, shall be:
.
.
JUL. 2 2 1991
ORDINANCE NO. 7735 (Contd)
a.
$150 for a new license;
b.
$50 for a renewal license.
SECfION 4. Sections 8-26, 8-43, and 8-60 of the Grand Island City Code as
heretofore existing and any other ordinances or parts of ordinances in conflict herewith be,
and hereby are, repealed.
SECfION 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 22, 1991
~~CJ( ~
/ rnest L. Dobesh, Mayor
Attest:
;(
.
.
JUL. 2 2 199'
ORDINANCE NO. 7734
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use district of such parcel in Section 29, Township
11 North, Range 9 West of the 6th P.M., in the City of Grand Island, Hall County,
Nebraska, from TA-Transitional Agriculture Zone to RO-Residential Office Zone;
directing that such zoning change and classification be shown on tbe official zoning map
of the City of Grand Island; amending the provisions of Section 36-7 of the Grand Island
City Code to conform to such reclassification;
WHEREAS, the Regional Planning Commission on July 10, 1991, held a public
hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 79-4,151, 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 22, 1991, the City Council found and
determined that the change in zoning be approved and granted.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That a certain tract of land in Section 29, Township 11 North, Range
9 West of the 6th P.M., in the City of Grand Island, Hall (County, Nebraska, more
particularly described as follows:
Part of the Southwest Quarter of the Southwest Quarter
(SWY.4SWY.4) of Section Twenty-nine (29), Township Eleven
(11) North, Range Nine (9) West of the 6th P.M., in Grand
Island, Hall County, Nebraska, more particularly described as
follows:
~........- ..roo'").
I Ar':kO~..T~ FORM .I
i JUL 15 '1991
I
j
,
u:nAl DEPARTMENT
.
.
JUl. 2 2 1991
ORDINANCE NO. 7734 (Contd)
Beginning at a point on the East line of said Southwest
Quarter of the Southwest Quarter (SW~SW~), said point
being 79.3 feet North of the Southeast corner of said
Southwest Quarter of the Southwest Quarter (SW~SW~), also
being a point on the North right-of-way line of Husker
Highway and the West line of Tech Drive; thence North on an
assumed bearing of N 000 16' 02" E along the East lin'e of said
Southwest Quarter of the Southwest Quarter (SW~SW~) 750
feet; thence N 070 16' 09" W along the West line of said Tech
Drive 305.89 feet; thence N 000 16' 02" E along the West line
of said Tech Drive 225.53 feet to the North line of said
Southwest Quarter of the Southwest Quarter (SW~SW~);
thence due West along the North line of said Southwest
Quarter of the Southwest Quarter (SW~SW~) 1,240.24 feet to
the East right-of-way line of Highway No. 281; thence due
South along said right-of-way line 1,134.67 feet; thence S
58011' 47" E along said right-of-way line 171.4 feet; thence S
86041' 59" E along the North right-of-way line of said Husker
Highway 530.2 feet; thence S 860 20' 19" E along said right-of-
way line 170.1 feet; thence S 880 20' 16" E along said right-of-
way line 429.6 feet to the place of beginning, and containing
36.225 acres, more or less.
be rezoned and reclassified and changed from T A-Transitional Agriculture Zone to RO-
Residential Office Zone classification.
SECfION 2. That the official zoning map of the City of Grand Island, Nebraska,
be, and the same is, hereby ordered to be changed, amended, and completed in accordance
with this ordinance.
/
SECfION 3. That the findings and recommendations of the Regional Planning
Commission and the City Council of the City of Grand Island are hereby accepted,
adopted, and made a part of this ordinance.
2
.
.
JUL. 2 2 1991
ORDINANCE NO. 7734 (Contd)
SECTION 4. That Section 36-7 of the Grand Island City Code and all ordinances
and parts of ordinances in conflict herewith are hereby amended to reclassify the
above-described area as herein ordered and determined.
SECfION 5. That this ordinance shall be in force and take effect from and ~fter
its passage and publication within fifteen days in one issue of the Grand Island
Independent as provided by law.
Enacted
July 22, 1991
~.~f-J IfJdC~
---E - - EST L DOBESH. Mayor
ATfEST:
~vJ.~~,,~
uritta F. Cza ski, City Clerk
'(
3
J]1L.. 1 5 1991
ORDINANCE NO. 7733
An ordinance specifying the amount to be raised by taxation for all municipal purposes,
and for off-street parking; levying taxes in the City of Grand Island, Nebraska, for the fiscal
. year commencing on August 1, 1991, and ending on July 31, 1992; a~d providing for the
certification and collection thereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SEcrION 1. The amount to be raised by taxation for all general municipal purposes
for the fiscal year commencing on August I, 1991, in lieu of the municipal levies authorized by
the several statutes, is $4,755,500.
SECfION 2. Such amounts to be raised by taxation shall be assessed upon the value
of all the taxable property in the City of Grand Island, Nebraska, except intangible property,
and such tax shall be collected in the manner provided by law
SEcrION 3. The amount to be raised by taxation for public parking is $30,000 to be
levied within Vehicular Parking District Number Two created by thc City as provided by law.
SEcrION 4. The City Clerk of the City of Grand Island, Nebraska, is hereby instructed
and directed to certify to the County Clerk of Hall County, Nebnlska, the amount of said taxes,
together with all unpaid special assessments and taxes authorized to be levied and certified, and
the same shall be collected in the manner provided by law.
SEcrION 5. This ordinance shall be in force and take effect from and after its passage,
approval, and publication as provided by law.
Enacted
July 15, 1991
~cfJ/d~~/
. Ernest L. Dobes , Mayor
A 1TEST:
.
[ ^1'i'R~~to FORM
J JUl 11 1~~1
i .
~
LEGAL OEPARTMENT
.
.
JUt. 2 2 \99'
ORDINANCE NO. 7732
An ordinance to amend Chapter 14 of the Grand Island City Code pertaining
to Elections; to amend Section 14-3 pertaining to wards and boundaries; to define the
boundaries of the Wards in the City of Grand Island; to adopt a revised map of such wards;
to repeal the original section; 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 Section 14-3 of the Grand Island City Code be amended
to read as follows:
U4-3. Wards; Boundaries
The City of Grand Island, Nebraska, is hereby divided
into five wards, numbered 1 through 5, the boundaries of such
wards defined as shown on the drawing entitled, "Election
Ward Map of the City of Grand Island, Nebraska," dated July
22, 1991, which drawing is attached hereto and is hereby
adopted and made a part of this ordinance by reference, to
have the same force and effect as if such drawing and all
notations, references, and other information shown thereon
were fully set forth and described herein. The drawing and
ordinance shall remain on file in the office of the city clerk.
SECTION 2. The original Section 14-3 of the Grand Island City Code as
heretofore existing, be, and hereby is, repealed.
SECTION 3. This ordinance shall be in force and take effect from and after
its passage, approval, and publication in one issue of the Grand Island Independent, as
provided by law.
Enacted
July 22, 1991
~h/:~4J~hJ
.........'Ernest L. Dobesh, Mayor
ATTEST:
~:l.~~
uritta F. Czap e ski, City Clerk
S TO FORM
JUL 15 '1991
LEGAL DEPARTMENT
.
.
JUL. j 5 1991
ORDINANCE NO. 7731
An ordinance classifying the officers and employees of the City of Grand Island, Nebraska;
fixing the ranges of compensation of such officers and employees and the effective date hereof;
establishing the hours and work period for overtime eligibility; providing for quarterly payments
of clothing allowances to uniformed services; repealing Ordinances Nos. 7647, 7649, 7683, 7689,
7710, 7715, and 7717 and all other ordinances in conflict with this ordinance; providing for
severability; providing for the effective date thereof; and providing 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 classification of officers and employees of the City of Grand Island,
Nebraska, 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 officers and employees shall work prior to overtime eligibility are as follows:
1991-1992
SAIARY SCHEDULES
ClASSIFICATION
PAY GRADE
MONTHLY PAY
RANGE ($)
HOURS/DA YS
WORK PERIOD
General Schedule
Accountant I
Accountant III
Acct Clerk I
Acct Clerk II
Acct Clerk III
Administrative Asst I
Administrative Asst II
Administrative Secretary
Asst Cemetery Supt
Asst City Engineer
Asst City Attorney
Asst Director Data Proc
Asst Director Utility Ops
19
24
6
9
13
21
26
17
15
28
29
23
31
1669-2326
2114-2955
913-1196
1044-1448
1257-1753
1837-2556
2326-3256
1517-2114
13 79-1925
2556-3583
2683-3760
2020-2815
2955-4146
40/7
Ineligible
40/7
40/7
40/7
Ineligible
Ineligible
40/7
40/7
Ineligible
Ineligible
Ineligible
Ineligible
. 0ro FORM
JUL 11 '1991
- 1 -
LEGAL DEPARTMENT
\..~1}L. 5 1991
Asst Golf Course Supt 17 1517-2114 Ineligible
Asst line Supt 27 2438-3416 40/7
Asst Plant Supt- WPCP 19 1670-2326 40/7
Asst Underground & Subst Supt 26 2326-3256 40/7
Asst Power Plant Supt-Operations 27 2438-3416 Ineligible
. Asst Power Plant Supt-Maintenance 26 2326-3256 Ineligible
Asst Street Supt 19 1669-2326 40/7
Asst Water Supt 22 1925-2683 40/7
Attorney I 21 1837-2556 Ineligible
Building Dept Director 2114-3389 Ineligible
Building Inspector I 19 1669-2326 40/7
Business Manager 24 2114-2955 Ineligible
Cashier I 6 913-1196 40/7
Cashier II 7 952-1314 40/7
Cemetery Supt 22 1925-2683 Ineligible
Chief Building Official 25 2220-3103 Ineligible
Chief Power Dispatcher 21 1837-2556 Ineligible
Certified Sr Engineer Tech 20 1753-2438 40/7
City Administrator 3128-5296 Ineligible
City Attorney 3417-4741 Ineligible
City Clerk 1754-2439 Ineligible
City TreasurerlFinance Director 2946-4387 Ineligible
Civil Defense Deputy Director 14 1314-1837 40/7
Clerk II 5 875-1143 40/7
Clerk III 8 997-1379 40/7
Clerk Steno I 6 913-1196 40/7
Clerk Steno II 10 1097-1517 40/7
Clerk Steno III 12 1196-1669 40/7
Clerk Typist II 5 875-1143 40/7
Clerk Typist III 7 952-1314 40/7
Communications-Civil Defense Dir 25 2220-3103 Ineligible
Communications Deputy Director 14 1314-1837 40/7
Community Development Coordntr 21 1837-2556 Ineligible
Community Development Director 2624-3746 Ineligible
Community Development Tech 17 1517-2114 40/7
Custodian I 6 913-1196 40/7
Custodian II 8 997-1379 40/7
Deputy City Attorney 25 2220-3103 Ineligible
Deputy City TreasurerlFinance Dir 27 2438-3416 Ineligible
Deputy Director-Pub Works 27 2438-3416 Ineligible
Deputy Fire Chief 28 2556-3583 Ineligible
Deputy Police Chief 28 2556-3583 Ineligible
Director of Data Processing 2800-3917 Ineligible
Director of Utility Operations 3059-5239 Ineligible
Distribution Supt-Electric 29 2683-3760 Ineligible
Downtown Coordinator 1411-2833 Ineligible
Electrical Engineer II 24 2114-2955 Ineligible
Electrical Engineer III PE 31 2955-4146 Ineligible
Electrical Inspector 19 1669-2326 40/7
Engineer Aide I 11 1143-1593 40/7
.
- 2 -
i . 1991
Engineer Aide II 15 13 79-1925 40/7
Engineer Aide III 18 1593-2220 40/7
Engineer Aide IV 20 1753-2438 40/7
Engineer Assistant I 16 1448-2020 40/7
Engineer Assistant II 19 1669-2326 40/7
. Engineer Assistant III 23 2020-2815 40/7
Engineer I 25 2220-3103 Ineligible
Engineer II 27 2438-3416 Ineligible
Engineer III 29 2683-3760 Ineligible
Engineer III PE 29 2683-3760 Ineligible
Equipment Mechanic I 14 1314-1837 40/7
Equipment Mechanic II 16 1448-2020 40/7
Equipment Operator I 13 1257-1753 40/7
Executive Secretary 14 1314-1837 40/7
Fire Chief 2825-3954 Ineligible
Fire Marshall 27 2438-3416 Ineligible
Fire Training Officer 27 2438-3416 Ineligible
Foreman I 18a 1593-2258 40/7
Foreman II 19 1669-2326 40/7
Golf Course Maintenance Worker 12 1196-1669 Ineligible
Golf Course Supt 1749-2818 Ineligible
Housing Inspector I 15 13 79-1925 40/7
Lab Technician I 11 1143-1593 40/7
Lab Technician II 16 1448-2020 40/7
Lab Technologist 22 1925-2683 Ineligible
Landfill Attendant 8 997-1379 40/7
Legal Assistant 17 1517-2114 40/7
Legal Steno I 7 952-1314 40/7
Legal Steno II 10 1097-1517 40/7
Maintenance Worker I 10 1097-1517 40/7
Maintenance Worker II 13 1257-1753 40/7
Maintenance Worker III 14 1314-1837 40/7
Maintenance Mechanic I 14 1314-1837 40/7
Maintenance Mechanic II 18 1593-2220 40/7
Mechanics Helper 10 1097-1517 40/7
Meter Reader Supervisor 17 1517-2114 40/7
Meter Supt 23 2020-2815 Ineligible
Paramedic Supervisor 26 2326-3256 Ineligible
Park/Cern Maintenance Worker I 10 1097-1517 40/7
Park/Cern Maintenance Worker II 13 1257-1753 40/7
Park Maintenance Worker 10 1097-1517 40/7
ParksfRec Director 2800-3917 Ineligible
Park Supt 23 2020-2815 Ineligible
Personnel Clerk 12 1196-1669 40/7
Personnel Coordinator 2800-3917 Ineligible
Plant Operator I-WPCP 11 1143-1593 40/7
Plant Operator 11- WPCP 14 1314-1837 40/7
Plant Op Chief III-WPCP 18 1593-2220 40/7
Plant Supt- WPCP 24 2114-2955 Ineligible
Plant Supt WPCP OpslEng 28 2556-3583 Ineligible
.
- 3 -
, ,," '\'U9J\
Plant Supt-Power 29 2683-3760 Ineligible
Plumbing Inspector 19 1669-2326 40/7
Police Chief 2957-4138 Ineligible
Power Plant Production Supt 30 2815-3948 Ineligible
Power Plant Supt-Burdick 26 2326-3256 Ineligible
. Public Works Director 3680-5150 Ineligible
PurchasinglPersonnel Officer 16 1448-2020 40/7
Purchasing Technician 19 1669-2326 40/7
Recreation Assistant 13 1257-1753 40/7
Recreation Supt 17 1517-2114 Ineligible
Shop Foreman 18 1593-2220 40/7
Shop Supt 22 1925-2683 40/7
Street Supt 27 2438-3416 Ineligible
Stores Supervisor 22 1925-2683 40/7
Underground & Substation Supt 28 2556-3583 Ineligible
Utilities Engineer Asst II 19 1669-2326 40/7
Utilities Engineer III 27 2438-3416 Ineligible
Utilities Engineer-Mechanical 32 3103-4353 Ineligible
Utility Worker I/Laborer 10 1097-1517 40/7
Utility Worker II 12 1196-1669 40/7
Water Supt 24 2114-2955 Ineligible
Worker/Seasonal 648-998 Ineligible
WorkerlTemporary 648-1157 40/7
IAFF BARGAINING UNIT
Fire Fighter EMT 1540-2168 212/28
Fire Fighter EMT-P 1966-2509 212/28
Fire Lieutenant 1966-2509 212/28
Fire Captain 2276-2767 212/28
AFSCME BARGAINING UNIT
Utility Worker I 1165-1552 40/7
Utility Worker II 1244-1658 40/7
Mechanic's Helper 1293-1723 40/7
Equipment Operator I 1342-1788 40/7
Lead Worker 1417-1888 40/7
Equipment Operator II 1493-1990 40/7
Equipment Mechanic I 1493-1990 40/7
Shop Clerk 1305-1739 40/7
FOP BARGAINING UNIT
Police Officer 1634-2129 171/28
Police Detective 1785-2325 171/28
Police Sergeant 1949-2539 171/28
.
- 4 -
JUL , 5 1991
Police Ueutenant 2129-2772 171/28
Police Captains 2429-3164 171/28
IBEW BARGAINING UNIT
. Administrator II 1599-2175 40/7
Custodian 1174-1529 40/7
Engineer Aide II 1530-2081 40/7
Engineer Aide III 1906-2482 40/7
Instrument Technician 2081-2710 40/7
Une Crew Chief 2273-2960 40/7
Uneman Apprentice 1464-1992 40/7
Uneman First Class 1992-2710 40/7
Uneman Second Class 1745-2273 40/7
Maintenance Worker II-Water 1401-1906 40/7
Maintenance Worker III-Plant 1745-2273 40/7
Maintenance Worker III-Water 1671-2273 40/7
Maintenance Worker IV-Plant 1992-2710 40/7
Materials Handler 1824-2375 40/7
Materials Handler Lead Worker 2081-2710 40/7
Plant Dispatcher I 1992-2594 40/7
Plant Dispatcher II 2175-2832 40/7
Power Plant Auxiliary Operator 1745-2273 40/7
Power Plant Control Operator I 1906-2482 40/7
Power Plant Electrician 2081-2710 40/7
Lead Operator 2375-3093 40/7
Power Plant Operator I 1824-2375 40/7
Power Plant Operator II 2175-2832 40/7
Power Plant Contrl Operator II 2175-2832 40/7
StoreslBuyer 1598-2151 40/7
Tree Trim Foreman 1671-2273 40/7
Utility Technician I 1992-2594 40/7
Utility Technician II 2175-2832 40/7
Water Meter Technician 1598-2081 40/7
Wireman I 1464-1992 40/7
Wireman II 1745-2273 40/7
Wireman III 1992-2710 40/7
COMMUNICATIONS/CIVIL DEFENSE
Sr Communications Operator-EMD 1204-1667 40/7
Communications Operator-EMD 1150-1591 40/7
LIBRARY
Ubrary Director 3130-3983 Ineligible
Librarian I 1379-1925 40/7
.
- 5 -
,JUL. 1 3' 1991
Ubrarian II 1527-2115 40/7
Ubrarian III 2192-3006 Ineligible
Ubrary Assistant 698-1315 40/7
Inter-Ubrary Loan Ubrarian 999-13 79 40/7
Ubrary Clerk 684-1144 40/7
. Ubrary Page 643-703 40/7
DATA PROCESSING
DP Console Operator 1401-1824 40/7
Data Processing Prog I 1824-2375 40/7
FINANCE DEPARTMENT
Meter Reader I 1340-1745 40/7
Meter Reader II 1529-1992 40/7
Utility Clerk I 1029-1401 40/7
Utility Clerk II 1076-1464 40/7
Utility Clerk III 1174-1529 40/7
Utility Clerk IV 1282-1745 40/7
SECTION 2. All full-time firefighters, police officers, and ambulance attendants shall be
paid a clothing and uniform allowance which shall be paid quarterly or bi-weekly, in addition to the.
regular salary to which such employees are entitled. The range of this allowance is $6.00 to $70 per
month. Full-time police officers may receive a reimbursement toward the purchase of body armour,
not to exceed $240. If any such fire fighter, police officer, ambulaIlfe attendant, or shop garage
employee shall resign, or his or her employment terminated for any reason whatsoever, he or she
shall be paid clothing allowance on a prorata basis, but no allowance shall be made for a fraction
of a month.
Utilities Department and Public Works Department bargaining personnel, Meter Reader
I, Meter Reader II, Meter Reader Supervisor, Power Plant Superintendent, Assistant Power Plant
Superintendent, Une Superintendent, Assistant Line Superintendent, Water Superintendent,
Assistant Water Superintendent, Underground and Substation Superintendent, Assistant
.
- 6 -
.
.
JUL. 1 5 1991
Underground and Substation Superintendent, and Engineer I, shall be eligible to participate in the
voluntary uniform program allowance up to $18.00 per month.
SECflON 3. The golf course superintendent shall receive as compensation, in addition to
salary as set forth in Section 1, an amount equal to 15% of all rental charges received on golf cart
rentals and 2% of all green fees received at the Grand Island Municipal Golf Course.
SECflON 4. 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.
SECflON 5. 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.
SECflON 6. Ordinances Nos. 7648, 7649, 7683, 7689, 7708, 7710, 7715, and 7717, and all
other ordinances and parts of ordinances in contlict herewith, be, and the same are, hereby
repealed.
SECflON 7. The salary ranges set forth in this ordinance shall be effective for the pay of
City employees as of 12:01 a.m., August 1, 1991.
SECflON 8. 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 Julv 15. 1991
'r
~J~~
.r roest L. Dobes , Mayor
ATTEST:
- 7 -
.
.
JUL. t 5 1991
ORDINANCE NO. 7730
Being the annual appropriation ordinance of the City of Grand Island, Nebraska,
allocating to the funds of such city the amount to be raised by taxation for all municipal
purposes, including additional amounts to make contributions to the Social Security Fund, to
service bonded indebtedness and pay police and firemen's retirement and other city employee
pensions for the ensuing fiscal year commencing on August 1, 1991, and ending on July 31,
1992; to provide severability; and to provide the effective date.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
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.
SECfION 1. GENERAL FUND.
General Government
Legislative
Administration
City Clerk
Legal
Finance
City Hall Building
PersonnellPurchasing
:r
$110,069.00
161,718.00
61,242.00
194,764.00
923,898.00
77,621.00
152,373.00
Public Sqfely
Fire Services
Emergency Medical Services
Communications/Civil Defense
Police Services
Animal Control
Building Inspection
$1,829,995.00
651,330.00
589,900.00
2,519,410.00
60,000.00
195,525.00
JUL 11 ':991
1
1
t LEGAL DEPARTMENT
.
.
ORDINANCE NO. 7730 (Contd)
Public Works
Engineering
Street and Alley
Cemetery
Environment and Leisure
Planning
Economic Development
Health
Library
Parks
Recreation
Aquatics
Other Divisions
(Jeneral Insurance
Insurance Loss
(Jeneral Unallocated
Total (Jeneral Fund Appropriation
SECfION 2. SPECIAL REVENUE FUNDS
Enhanced 911 Communications
Economic Development Grant #2
Community Development Grant 1991
Economic Development Grant #1
Community Development
Downtown Operations
Downtown Coordination
f
Total Special Revenue Funds
SECfION 3. DEBT SERVICE FUNDS
Sanitary Improvement District #1
Multi-Purpose Bond 1991
Refunding Bond 1987
Paving/Sewer Bond 1986-1988
2
JUL. , 5 1991
$491,978.00
1,699,572.00
242,700.00
$86,510.00
52,000.00
112,309.00
502,549.00
530,561.00
51,390.00
108,000.00
$263,500.00
155,000.00
379.200.00
$12,203,114.00
$95,600.00 '
203,000.00
550,200.00
98,500.00
125,720.00
56,298.00
57.796.00
$1,187,114.00
$11,395.00
166,000.00
449,814.00
600,504.00
.
.
ORDINANCE NO. 7730 (Contd)
Multi-Purpose Bond 1990
Storm Sewer Bond 1972
Library Bond 1972
Tax Increment Bond 1988
Parking Facility Bond
Paving District Assessments
Total Debt Service Funds
SECfION 4. CAPITAL PROJECTS FUND
Capital Improvements
SECTION 5. ENTERPRISE FUNDS
Sanitary Landfill
Golf Course
Racquet Center
Electric Utility Operations
Electric Debt Service
Total Electric Utility
Water Utility Operations
Water Debt Service
Total Water Utililty
Sewer Operations
Sewer Revenue
Sewer Bond Debt Service
Sewer Bond Reserve
Sewer Utility Administration
Sewer Plant Improvement
Sewer System Construction
Total Sewer Utility
Total Enterprise Funds
-- ./ ----=--. -
23,949,001
5.914.400
2,829,240
675.025
1,274,253
154,550
170,743
180,000
22,900
295,100
837.000
3
JlJL. , 5 199'
298,897.00
183,000.00
48,625.00
30,310.00
41,517.00
46.000.00
$1,876,062.00
$3,791,439.00
$581,290.00
460,643.00
86,209.00
29,863,401.00
3,504,265.00
.'(
2.934.546.00
$37,430,354.00
.
.
JUL I 5 1991
ORDINANCE NO. 7730 (Contd)
SECTION 6. INTERNAL SERVICE FUNDS
Data Processing
Central Garage
$259,000.00
646.520.00
$905,520.00
Total Internal Service Funds
SECTION 7. FIDUCIARY FUNDS
Agency
Social Security
Employee Insurance
Savings Bonds
$1,530,000.00
1,254,171.00
50,000.00
Pension Trust Funds
Police and Fire Pension Payments
General Employees Pension
Police Pension
Fire Pension
$257,200.00
975,000.00
199,680.00
325,170.00
Trust Funds
Insurance Loss
Local Assistance
434,130.00
54.700.00
$5,080,051.00
$62,473,654.00
Total Fiduciary Funds Appropriation
Total Appropriation for All Funds
f
SECTION B. 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.
4
.
.
~, ~
1 ~~: 199/f
ORDINANCE NO. 7730 (Contd)
SECTION 9. This ordinance shall be in force and take effect from and after its passage,
approval, and publication as provided by law.
Enacted
July 15, 1991
~~;~~ t1t1~~~
'~rnest L. Dobesh, ayor
ATIEST:
(
5
.
.
f.~ fj:l~l
ORDINANCE NO. 7729
An ordinance to amend Chapter 16 of the Grand Island City Code pertaining
to Fire Protection; to amend Section 16-11 pertaining to open fires; to restrict open fires;
to repeal the current Section 16-11 as now existing; and to provide the effective date ofthis
ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF GRAND ISLAND, NEBRASKA:
SECfION 1. Section 16-11 of the Grand Island City Code be and hereby is
amended to read as follows:
fi16-11. Open Fires; When Allowed
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 of the 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;
11. 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;
,,' D;:;i/(,'",x;:n f,,':; -\ (" Fonlllll
i""",,'~J n~1
I~"'~.,...>. '..-.....--.""..-
JUL;.) '199'1
LEGAL DEPARTMENT
.
.
Fi t~jt;jrl
ORDINANCE NO. 7729 (Contd)
iv. for the purpose of clearing land for roads or other construction
activity;
v. for recreational purposes.
(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.
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. 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 other ordinances or parts of ordinances in conflict herewith are hereby
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
JULY 8, 1991
~
,~~~ -,'
rnest L. D~b: Mayor
Attest:
.
.
.? _.'1 "091
ORDINANCE NO. 7728
An ordinance to amend Section 2-29 of Article II, Division 4, of Chapter 2
of the Grand Island City Code; to create the finance department; to create the position of
city treasurer/director of finance; to list the duties of that office; to repeal the existing
Section 2-29; and to provide the effective date of this ordinance.
BE IT ORDAINED BY TIlE MAYOR AND COUNCIL OF TIlE CITY
OF GRAND ISLAND, NEBRASKA:
SECTION 1. Section 2-29 of the Grand Island City Code be, and hereby is,
amended to read as follows:
Sec. 2-29. Finance Department
There is hereby created a department of the City which shall be
known as the Finance Department, which shall be responsible for the
performance of the financial management and accounting functions of city
government, including those of all departments and divisions thereof. The
Department shall be responsible for developing, instituting, and maintaining
all of the financial and accounting systems associated with the operation of
city government including general ledger accounting; financial statements and
reporting; cash management and investments; accounts payable and
receivable; utilities billing and collection; payroll; and auditing. All personnel
assigned to these functions shall come under the auspices of the Department
and the direction of the finance director.
There is hereby created the office and position of City
TreasurerIDirector of Finance. The hereafter referred to "Finance Director"
shall be appointed by the mayor, with the approval of a majority of the city
council. The Director shall perform all duties and meet all requirements
imposed by law upon the position or office and such other duties as directed.
The Director shall assist the city administrator in the preparation of the
annual budget. The salary of the position shall be fixed by ordinance.
SECTION 2. Section 2-29 of the Grand Island City Code as heretofore existing and
any other ordinances or parts of ordinances in conflict herewith be, and hereby are,
repealed.
~P~STOFORM
I JUN ?'O 1991
,1
j
j LEGAL DEPARTMENT
.
.
~JU\~-,
ORDINANCE NO. 7728 (Contd)
SECfION 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 Daily
Independent as provided by law.
Enacted
June 24. 1991
~s/...~ ,f)~~
rnest L. Dobesh, ayor
Attest:
.
.
j
"
ORDINANCE NO. 7727
An ordinance rezoning certain tracts of land beyond the corporate boundaries of the
City of Grand Island, Nebraska, but within the zoning jurisdiction; changing the
classification of such tracts from AG-Agricultural Zone to RD-Residential Development,
B2-General Business, and RO-Residential Office Zones; 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 of the Grand Island City Code to conform to such
reclassification; repealing conflicting ordinances; and providing the effective date of this
ordinance.
WHEREAS, the Regional Planning Commission on June 5, 1991, held a public
hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 79-4,151, R.R.S. 1943, has been given to
the Board of Education of School District No.2, Northwest High School, and School
District No.3, all in Hall County, Nebraska; and
WHEREAS, after public hearing on June 10, 1991, the City Council found and
determined that the change in zoning be approved and granted.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That certain tracts of land in the Southeast Quarter (SEv..) of Section
36, Township 11 North, Range 10 West of the 6th P.M., in the City of Grand Island, Hall
County, Nebraska, more particularly described as follows, be rezoned as follows:
[MOiiqw.~~ ~TO FORM
~fi;5::......
, JUN 19 199'\
1
I
j
LEGAL DEPARTMENT
J
...
ORDINANCE NO. 7727 (Contd)
Tract 1:
.
A tract of land comprising part of Lots Four (4) and (5), Mainland, and part
of Lots One (1) and Two (2), Island, together with the accretion land
thereto, all situated in the Southeast Quarter (SE~) of Section Thirty-six
(36), Township Eleven (11) North, range Ten (10) West of the 6th P.M., Hall
County, Nebraska, and more particularly described as follows:
First, to ascertain the point of beginning, start at the Southeast corner of said
Section Thirty-six (36); thence westerly along and upon the South line of said
Section Thirty-six (36) a distance of one hundred fifty-seven (157.0) feet to
a point on the westerly right-of-way line of U.S. Highway No. 281; thence
northerly along and upon said highway right-of-way line a distance of thirty-
three and three hundredths (33.03) feet to a point that is thirty-three (33.0)
feet North (measured perpendicularly) of the South line of said Section
Thirty-six (36) and being the ACTUAL point of beginning; thence westerly,
parallel with the South line of said Section Thirty-six (36) a distance of seven
hundred twenty-three and nineteen hundredths (723.19) feet; thence
deflecting left 360 13' and running southwesterly a distance of seventy-four
and seven-tenths (74.7) feet to a point on the South line of said Section
Thirty-six (36); thence westerly along and upon the South line of said Section
Thirty-six (36) a distance of one thousand seven hundred seventy and seven.
tenths (1,770.7) feet to the Southwest corner of said Lot Two (2); thence
deflecting right 1000 34' 14" and running northerly a distance of three
hundred forty-one and sixty-three hundredths (341.63) feet; thence deflecting
left 080 48' 14" and running northerly a distance of one thousand two
hundred forty-one and fifty-eight hundredths (1,241.58) feet to a point of
curvature; thence northeasterly along the arc of a curve whose radius is
2,893.32 feet (the long chord of which deflects right 490 3r 46" from the last
described course) a long chord distance of one thousand seven hundred forty
and fifty-one hundredths (1,740.51) feet to the Northwest corner of the
Northeast Quarter of the Southeast Quarter (NE~SE~); thence easterly
along and upon the North line of said Southeast Quarter (SE~) a distance
of one hundred twenty-eight and eight-tenths (128.8) feet; thence deflecting
right 890 46' 39" and running southerly a distance of twenty (20.0) feet;
thence easterly parallel with the North line of said Southeast Quarter (SEv..)
a distance of one thousand forty-seven and fifty-six hundredths (1,047.56) feet
to a point that is thirty-one and four hundredths (31.04) feet West of said
westerly highway right-of-way line, said point being a point of curvature;
thence running southwesterly along and upon the arc of a 131.48 foot radius
curve to the right (the long chord of which deflects right 1290 39' 13" from
2
.
ORDINANCE NO. 7727 (Contd)
.
the last described course a long chord distance of 166.65') to a point of
tangency; thence continuing southwesterly along and upon the final tangent
of the last described curve produced a distance of one hundred sixty-seven
(167.0) feet; thence deflecting left 330 40' 00" and running southwesterly a
distance of seventy and eight-tenths (70.8) feet; thence deflecting left 440 53'
41" and running southerly parallel with said westerly highway right-of-way line
a distance of four hundred twenty-seven and nine-tenths (427.9) feet; thence
deflecting left 920 02' 54" and running northeasterly a distance of thirty and
two hundredths (30.02) feet; thence deflecting right 920 02' 54" and running
southerly parallel with said westerly highway right-of-way line a distance of
eight hundred sixty and ninety-one hundredths (860.91) feet; thence
deflecting left 900 25' 16" and running easterly parallel with the North line of
said Southeast Qu.arter (SEv..) a distance of three hundred twenty (320.0) feet
to a point on said westerly highway right-of-way line; thence southerly along
and upon said westerly highway right-of-way line a distance of one thou.sand
seventy-six and twenty-four hundredths (1,076.24) feet to the ACfUAL point
of beginning, and containing 122.199 acres, more or less,
be and the same is, hereby rezoned and reclassified and changed from AG-Agricultural
Zone to RD- Residential Development Zone; and
Tract 2:
A tract of land comprising a part of Lot Five (5), Mainland, and part of Lot
One (1), Island, together with the accretion land thereto, all situated in the
Southeast Quarter (SEv..) of Section Thirty-six (36), Township Eleven (11)
North, Range Ten 910) West of the 6th P.M., Hall County, Nebraska, and
more particularly described as follows:
First, to ascertain the point of beginning, start at the Northeast corner of said
Southeast Quarter (SEv..); thence westerly along and upon the North line of
said Southeast Quarter (SEv..) a distance of one hundred eighteen and seven-
tenths (118.7) feet to a point on the westerly right-of-way line of U.S.
Highway No. 281; thence southerly along and upon said westerly highway
right-of-way line a distance of twenty (20.0) feet to the AcruAL point of
beginning; thence continuing southerly along and upon said westerly highway
right-of-way line a distance of six hundred twenty-eight (628.0) feet; thence
deflecting right 870 57' 06" and running southwesterly a distance of three
hundred fifty and two-tenths (350.2) feet; thence northerly parallel with said
westerly highway right-of-way line a distance of four hundred twenty-seven
and nine-tenths (427.9) feet; thence deflecting right 440 53' 41" and running
3
.
"
ORDINANCE NO. 7727 (Contd)
.
northeasterly a distance of seventy and eight-tenths (70.8) feet; thence
deflecting right 330 40' 00" and running northeasterly a distance of one
hundred sixty-seven (167.0) feet to a point of curvature; thence running
northeasterly along and upon the arc of a 131.48 foot radius curve to the left
(the long chord of which deflects left 390 19' 44" from the last described
course a long chord distance of 166.65') to a point that is twenty (20) feet
South of the North line of said Southeast Quarter (SE~); thence easterly
along and upon a line that is twenty (20.0) feet South of and parallel with the
North line of said Southeast Quarter (SE~) a distance of thirty-one and four
hundredths (31.04) feet to the ACTUAL point of beginning, and containing
4.098 acres, more or less,
be and the same is, hereby rezoned and reclassified and changed from AG-Agricultural
Zone to B2-General Business Zone classification; and
Tract No.3:
A tract of land comprising a part of Lot One (1), Island, together with the
accretion land thereto, all situated in the Southeast Quarter of Section
Thirty-six (36), Township Eleven (11) North, Range Ten (10) West of the 6th
P.M., Hall County, Nebraska, and more particularly described as follows:
First, to ascertain the point of beginning, start at the Northeast corner of said
Southeast Quarter (SEtA); thence westerly along and upon the North line of
said Southeast Quarter (SEtA) a distance of one hundred eighteen and seven-
tenths (118.7) feet to a point on the westerly right-of-way line of U.S.
Highway No. 281; thence southerly along and upon said westerly highway
right-of-way line a distance of six hundred forty-eight (648.0) feet to the
ACTUAL point of beginning; thence continuing southerly along and upon
said westerly highway right-of-way line a distance of eight hundred seventy
(870.0) feet; thence westerly parallel with the North line of said Southeast
Quarter (SE~) a distance of three hundred twenty (320.0) feet; thence
northerly parallel with said westerly highway right-of-way line a distance of
eight hundred sixty and ninety-one hundredths (860.91) feet; thence
deflecting right 870 57' 06" and running northeasterly a distance of three
hundred twenty and eighteen hundredths (320.18) feet to the AcruAL point
of beginning, and containing 6,357 acres, more or less,
be rezoned and reclassified and changed from AG-Agricultural Zone to RO-Residential
Office Zone classification.
4
.
.
.
ORDINANCE NO. 7727 (Contd)
SECfION 2. That the official zoning map of the City of Grand Island, Nebraska,
be, and the same is, hereby ordered to be changed, amended, and completed in accordance
with this ordinance.
SECfION 3. That the findings and recommendations of the Regional Planning
Commission and the City Council of the City of Grand Island are hereby accepted,
adopted, and made a part of this ordinance.
SECfION 4. That Section 36-7 of the Grand Island City Code and all ordinances
and parts of ordinances in conflict herewith are hereby amended to reclassify the
above-described area as herein ordered and determined.
SECfION 5. 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 Daily
Independent as provided by law.
Enacted June 24, 1991
~~~
-4l-NEST~L. DO ESH, Mayor
ATTEST:
5
.
.
ORDINANCE NO. 7726
An ordinance assessing and levying a special tax to pay the 1991/1992 fiscal year cost of
Business Improvement District No. 1 of the City of Grand Island, Nebraska; providing for the
collection of such special tax; repealing any provisions of the Grand Island City Code,
ordinances, and parts of ordinances in conflict herewith.
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 199111992 fiscal year cost of
Business Improvement District No. 1 of the City of Grand Island, as adjudged by the Council
of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by
reason of such Business Improvement District, after due notice having been given thereof as
provided by law; and, a special tax for such 199111992 fiscal year cost is hereby levied at one
time upon such lots, tracts, and lands, as follows:
NAME
DESCRIPTION
ASSESSMENT
Jerry Luth
S31.9' E 2/3 Lot 1, Block 54,
Original Town
$44.05
Red Rooster
W 1/3 Lot 1, Block 54,
Original Town
11.67
Norris R Dennis
Lot 2, Blk 54, OT
136.34
Jerry Luth
N 112 of W 2/3 Lot 6;
NII2 Lot 5, Block 54,
Original Town
84.52
Gus Katrouzos
S 60' W 1/3 Lot 5,
Block 54, Original Town
28.26
Gus Katrouzos
S 60' W 16' E 2/3 Lot 5,
Block 54, Original Town
16.70
!-;;:7fi~-TO FORM
1_7_~~
1 JUN 1 9 '1991
,
LEGAL DEPARTMENT
.
.
ORDINANCE NO. 7726 (Contd)
Nickie J. Kallos
E 28' S 1/2 Lot 5;
N6' W 38' S 1/2, Lot 5,
Block 54, Original Town
37.36
Nickie J. Kallos W 22' S 1/2, Lot 6,
Block 54, Original Town
28.16
R. Dennis & Patricia Norris E 22' W 44' S 1/2;
E 22' Lot 6, Block 54,
Original Town
71.92
R. Dennis & Patricia Norris W 1/3 Lot 7, Block 54,
Original Town
50.34
R. Dennis & Patricia Norris C 1/3 Lot 7, Block 54,
Original Town
48.90
Red Rooster E 1/3 Lot 7, Block 54, Original Town
45.85
Red Rooster W 1/3 Lot 8, Block 54, Original Town
48.12
Red Rooster C 1/3 Lot 8, Block 54, Original Town
48.63
Richard & Barbara Bellows E 1/3 Lot 8 (Except 15' x 15' x 15' triangle sold
to City), Block 54, Original Town 18.68
Robert & Judy Humiston Jr N 1/2 Lot 1, Block 55,
Original Town
82.28
Nathan Detroit Corp. N 44' S 1/2, Lot 1,
Block 55, Original Town
124.22
John Aspen S 22 1/2 Lot 1, Block 55,
Original Town
16.73
OlVille Ruby S 1/2 W 1/2 Lot 3;
S 1/2 Lot 4, Block 55,
Original Town
116.24
Norwest Bank Omaha N 67 1/2' Lot 5, Block 55,
Original Town
40.65
2
.
.
ORDINANCE NO. 7726 (Contd)
Charles Armstrong Jr N 20' S 64.5' Lot 5,
Block 55, Original Town
27.67
Henry & Fredda Bartenbach S 44.5' Lot 5, Block 55,
Original Town
63.09
LoRayne Y oungc1aus
W 113 Lot 6, Block 55,
Original Town
$63.83
LoRayne Y oungc1aus C 113 Lot 6, Block 55,
Original Town
55.99
Stewart & Karen Pascoe E 1/3 Lot 6, Block 55,
Original Town
56.42
Donald & Caroline McDannel
W 1/3 Lot 7, Block 55,
Original Town
51.36
Barbara Gesas
C 113 Lot 7, Block 55,
Original Town
73.42
Mary Guendel Williss
E 113 Lot 7, Block 55,
Original Town
73.42
Charles & Beatrice Holden W 1/3 Lot 8, Block 55,
Original Town
61.03
Charles & Beatrice Holden C 113 Lot 8, Block 55,
Original Town
60.09
Mary Henderson
W 113 Lot 8, Block 55,
Original Town
55.46
Norwest Bank Omaha
N 68' Lot 1, Lot 2, E 112
Lot 3, Block 56, Original Town
137.20
Norwest Bank Omaha
N 22' S 42', W 6' S 20',
Lot 1, Block 56, Original Town
17.02
Norwest Bank Omaha
N 22' S 64' Lot 1, Original Town
11.35
Norwest Bank Omaha
S 20' E 60' Lot 1,
Block 56, Original Town
9.37
3
)99',;
ORDINANCE NO. 7726 (Contd)
Ron Yon Behren & W 1/3 Lot 5, Block 56,
Ted Rookstool Original Town 71.30
R E Stephens E 2/3 Lot 5, Block 56,
. Original Town 132.41
Betty Tiner Trustee W 2/3 Lot 6, Block 56,
Original Town $107.62
Betty Tiner Trustee E 1/3 Lot 6, Block 56,
Original Town 53.82
NOlWest Bank Omaha Lot 7, Block 56, Original Town 200.69
NOlWest Bank Omaha Lot 8, Block 56, Original Town 1,752.14
Merchants Development Co. Lot 5, W 1/3 Lot 6,
Block 57, Original Town 236.26
Jay A French/Juan A E 2/3 Lot 6, Block 57,
Portillo Original Town 157.06
Overland Building Corp. Lot 7, Block 57, Original Town 335.24
Overland Building Corp. Lot 8, Block 57, Original Town 1,244.43
Firstier Bank NA Lot 1, Lot 2, Block 58,
Original Town 331.33
Firstier Bank NA N 1/2 Lot 3, N 1/2 Lot 4,
Block 58, Original Town 72.19
Firstier Bank NA S 1/2 Lot 3, S 1/2 Lot 4,
Block 58, Original Town 82.06
Firstier Bank NA Lot 5, W 22' Lot 6,
Block 58, Original Town 1,028.03
Firstier Bank NA E 2/3 Lot 6, Block 58,
Original Town 123.84
Otto F Zlomke W 1/3 Lot 7, Block 58,
Original Town 46.17
4
.
',.
~:~~ ~ 1
ORDINANCE NO. 7726 (Contd)
Kinney Middaugh/ C 113 Lot 7, Block 58,
Jerry Milner Original Town 45.69
Mary Henderson E 1/3 Lot 7, Block 58,
. Original Town 39.10
Mary Henderson W 1/3 Lot 8, Block 58,
Original Town 42.85
Mary Henderson C 113 Lot 8, Block 58,
Original Town 63.91
Mary Henderson E 113 Lot 8, Block 58,
Original Town 69.14
Hoppe Lumber Co. N 102 1/2' Lot 1, Block 59,
Original Town 88.75
Hoppe Lumber Co. Lot 2, Block 59, Original Town 103.05
Hoppe Lumber Co. N 33' Lot 4, Block 59,
Original Town 84.85
H & H Land Company S 29 1/2' Lot 1, Block 59
Original Town 14.29
Wayne & Eileen Janssen S 99' Lot 4, Lot 3,
Block 59, Original Town 102.22
Mary Henderson Lot 5, Block 59, Original Town 175.21
Larry & Mary Ann Gerdes W23' Lot 6, Block 59,
Original Town 59.66
Rose Agnes Boehl E 23' W 46' Lot 6, Block 59,
Original Town 59.66
Earl Grimminger E20' Lot 6, W1/2 Lot 7, Blk 59,
Original Town 46.81
H & H Land Company W22' E 1/2 Lot 7, Block 59,
Original Town 83.48
5
.
.
.
ORDINANCE NO. 7726 (Contd)
H & H Land Company
Ell' Lot 7, Lot 8, Blk 59,
Original Town
327.82
William Livengood
Lot 1, Lot 2, Blk 60,
Original Town
186.18
William Livengood
Lot 3, Block 60, Original Town
34.98
Triple N Company
Lot 4, Blk 60, Original Town
Lots 5 & 6, Blk 60, Original Town
$113.03
210.67
Doax Investment Co.
Doax Investment Co.
Lots 7 & 8, Blk 60, Original Town
190.30
Norwest
Lots 1 & 2, Blk 61, Original Town
502.87
Norwest
Lots 3 & 4, Blk 61, Original Town
521.87
Francis Reynolds
Lot 5, Block 61, Original Town
247.47
Jerome Niedfelt
Lots 6, 7, 8, Block 61, Original Town
632.14
Marketarian Inc
S 44' Lot 1, Block 62, Original Town
129.30
Betty Tiner, Trustee N 88' Lot I, Block 62, Original Town
446.71
Betty Tiner, Trustee Lot 2, Block 62, Original Town
238.72
Northwestern Public Service S66' Lot 4, N 66' of
E 57\ S 66' Lot 3,
Block 62, Original Town
282.22
Alan Zwink
N 66' W 9' Lot 3, and
N 66' Lot 4, Block 62,
Original Town
143.84
Vogel Enterprises
E 16' Lot 5, W 112 Lot 6,
Block 62, Original Town
227.67
Vogel Enterprises
E 112 Lot 6, W 112 Lot 7,
Block 62, Original Town
69.24
6
.
.
ORDINANCE NO. 7726 (Contd)
David & Elaine Raille
E 112 Lot 7t Lot 8t
Block 62t Original Town
Old Sears Development Inc Lots 1 & 2t Blk 63t Original Town
Old Sears Development Inc E 2/3 Lot 3t Blk 63t Original Town
John Miller
W1I3 Lot 3t E 1/3 Lot 4t
Block 63t Original Town
Ken & Mary Leetch W 2/3 Lot 4t Block 63t
Original Town
Bradford Real Estate Lot 7t Block 63t Original Town
Grand Island Investment S 88t Lot 8t Block 63t Original Town
Norma Kehm
E 1/3 Lot It Block 64t Original Town
Craig Hand
C 113 Lot It Blk 64t Original Town
Merchants Development W 1/3 Lot It Blk 64t Original Town
Merchants Development E 44t Lot 2t Blk 64, Original Town
Merchants Development W 113 Lot 2t Blk 64t Original Town
Pete Valonis E 113 Lot 3t Blk 64t Original Town
Merchants Development Co W 2/3 Lot 3t Blk 64t Original Town
D Wetherilt & R Crummrine
Lot 4t Blk 64t Original Town
Tim & Terry Enck N 22t Lot 8, Blk 64t Original Town
Ronald E Grexa S ll2t N 113 Lot 8, Blk 64t Original Town
Laverne & Donna Shehein N 44t of S 88t Lot 8, Blk 64, Original Town
Wayne E May Lot I, Block 65, Original Town
Drs Grange, Pedersen, Grange
E 1/3 Lot 2t Blk 65, Original Town
7
: g~
199.62
194.72
58.54
150.90
137.09
398.89
169.53
61.21
99.11
63.09
188.27
38.65
52.89
114.90
312.89
54.84
51.63
56.74
225.74
56.37
.
.
ORDINANCE NO. 7726 (Contd)
Connie Swanson
C 113 Lot 2, Blk 65, Original Town
66.73
R E Stephens
W 113 Lot 2, Blk 651 Original Town
117.63
Henry & Fredda Bartenbach E 1/3 Lot 3, Blk 65, Original Town
60.35
John & Eloise Clayton C 113 Lot 3, Blk 65, Original Town
54.79
Howard & Gladys Eakes W 1/3 Lot 3, Blk 65, Original Town
67.53
Kathleen Fowles Cronin E 1/3 Lot 4, Blk 65, Original Town
74.43
Stan Kully-Bertha Novak W 2/3 Lot 4, Blk 65, Original Town
$119.45
Phyllis Clark N 22' Lot 5, Blk 65, Original Town
Arthur Boehl Estate S 44' N 112 Lot 5,
Block 65, Original Town
41. 70
65.20
Charles Winkler S 112 Lot 5, Block 65, Original Town
179.06
Lavern & Elanor Fuller W 1/3 Lot 6, Block 65, Original Town
55.86
Firstier Bank
E 2/3 Lot 6, Block 65, Original Town
111.05
Transportation Equipment W 112 Lot 7, Block 65, Original Town
92.15
Grange, Pedersen, Grange N 55' of E 112 Lot 7,
N 55' Lot 8, Block 65, Original Town
40.79
Carol Nowka
C 22' of E 112 Lot 7,
C 22' Lot 8, Block 65, Original Town
49.89
Grange, Pedersen, Grange W 18.9' of E 112 Lot 7,
N 29.9' of E 14.1' Lot 7,
N 29.9' of S 55' Lot 8,
Block 65, Original Town
64.00
Grange, Pedersen, Grange S 25.1' of Lot 8, N 6' of
S 31.1' of E 40' Lot 8,
Block 65, Original Town
93.84
Merlyn Austin
Lot 1, Lot 2, Block 66, Original Town
405.63
8
.
.
,~ 1{d91
ORDINANCE NO. 7726 (Contd)
T. L. Anderson
E 113 Lot 3, Block 66, Original Town
33.46
Gladys Eakes
C 1/3 Lot 3, W 1/3 Lot 3,
(Except S 17.5') Block 66,
Original Town
89.61
Francis & Mary McLaughlin N88' E 1/3 Lot 4, Block 66, Original Town
63.14
Robert & Fred Meyer
N 88' C 113 Lot 4, Block 66, Original Town
N80' W 113 Lot 4, Block 66, Original Town
71.86
58.54
Ben's Drug Store, Inc.
Masonic Templecraft Assoc W 17.5' S 44' Lot 3, 8' S
S52' W 22', & S44', Block 66, Original Town
$71.09
Henry & Fredda Bartenbach Lot 5, W 113 Lot 6,
Block 66, Original Town
217.28
Henry & Fredda Bartenbach E 2/3 Lot 6, W 113 Lot 7,
Block 66, Original Town
103.42
James & Mary Keeshan E 2/3 Lot 7, Block 66, Original Town
55.91
Plaza Square Development SI/2 Block 67, Original Town
820.76
Tom Randolph et al Lot 1, E 1/3 Lot 2, Original Town
46.36
Rasmussen & Associates W 2/3 Lot 2, Block 68, Original Town
81.34
FOE # 378 Lot 3, Lot 4, Block 68, Original Town
1,465.62
110.59
Plaza Square Development Lot 5, W 22' Lot 6, Blk 68, Original Town
Reitan Properties
Lot 5, Lot 6, Block 78, Original Town
237.65
Equitable Building & Loan Lot 1, Block 79, Original Town
197.20
Equitable Building & Loan Lot 2, Block 79, Original Town
76.94
Equitable Building & Loan S44' Lot 3, S 44' Lot 4,
Block 79, Original Town
317.28
9
ORDINANCE NO. 7726 (Contd)
Equitable Building & Loan Lot A, Gilbert's North, 22'x99'
Lot A, Gilberts Sub North 83.91
Equitable Building & Loan Lot B, Gilbert's North 63.57
. Nadine & Donald Terry N 26' (+) Lot 8, Block 9, Original Town 16.11
Nadine & Donald Terry S 17' (-) N 44' Lot 8,
Block 79, Original Town 31.45
Ervin Terry S 88' Lot 8, Block 79,
Original Town 76.12
Russell & Josephine O'Neill W 1/3 Lot 3, E 1/3 Lot 4,
Block 80, Original Town $188.93
Northwestern Bell Lots 5, 6, 7, Block 80, Original Town 3,841.09
Northwestern Bell N 44' Lot 8, Block 80, Original Town 37.62
David and Tedd Huston C 113 Lot 8, Block 80, Original Town 132.73
L. C. & Lois Ruff S 44' Lot 8, Block 80, Original Town 187.46
Olson Furniture Inc. Lot 1, Block 81, Original Town 185.64
Chamber of Commerce E2/3 Lot 2, Blk 81, Original Town 230.24
Ron & Sharon Trampe W 1/3 Lot 2, Block 81,
Original Town 84.45
Phyllis Clark E 1/3 Lot 3, Block 81, Original Town 43.33
Donald Alfonsi et al C 113 Lot 3, Block 81,Original Town 78.93
Yes Nationwide Ine W 113 Lot 3, Lot 4,Block 81, Original Town 199.88
Walnut Street Partnership Lot 5, Block 81, Original Town 126.17
Walnut Street Partnership Lot 6, Block 81, Original Town 69.70
Wheeler Street Partnership Lot 7, S 2/3 Lot 8, Blk 81, Original Town 722.27
10
.
.
.
'99t
ORDINANCE NO. 7726 (Contd)
Schroeder-Rathman
N 113 Lot 8, Block 81, Original Town
130.43
Stauffer Communications Inc
Lot I, Block 82, Original Town
138.03
Stauffer Communications Lot 2, Block 82, Original Town
175.45
Stauffer Communications Lot 3, Block 82, Original Town
69.48
The Muffler Shop, Inc
Lot 4, Block 82, Original Town
Lot 5, 6, 7, Block 82, Original Town
126.65
Stauffer Publications
633.99
Stauffer Publications
N 88' Lot 8, Block 82, Original Town
Lot I, Lot 2, Block 83, Original Town
48.21
Relax Inn
116.59
JOMIDA, Inc.
Lot 3, Lot 4, Block 83, Original Town
E 41' N 28' Lot 8, Block 83, Original Town
400.52
Charles D Lundquist
45.18
Dan & Susan Geise Pt N 113 and S 2/3 Lot 8, Block 83, Original Town
159.31
Contryman & Associates Lot 3, Lot 4, Block 85, Original Town
318.16
G. I. Liederkranz Lots 1, 2, 3, 4, Block 87, Original Town
465.21
Home Federal S & L of GI Pt Lots 1, 2, 3, 4, 7;
all 5, 6; Pt Vacated Alley Blk 89, OT
328.84
Home Federal S & L
Lot 9, County Sub., Sec 15-11-9
1,270.26
58.88
John W. Wayne
W67' S 50' Lot 4, Hann Addition
Merle L Moore
N 1(2 Lot 1, Block 98, Railroad Add
23.31
Arvid Carlson &
Harold Deeds
Lot 2, Block 98, Railroad Add
140.49
Marie C. Kranz
W 52' Lot 7, Block 98, Railroad Add
131.04
Lucille Jane Johnson
E 14' Lot 7, Lot 8, Block 98, Railroad Add
252.88
Contryman's Associates
Lot 1, Lot 2, Block 106, Railroad Add
399.66
11
ORDINANCE NO. 7726 (Contd)
Overland Building Corp Lot 1, Lot 2, Block 107, Railroad Add 375.92
Douthit Realty S 2/3 Lot 5, Block 107, Railroad Add 25.14
David E. Janda, DDS S 72' Lot 8, E 29.54'
. of S 71.5' Lot 7, Blk 107, Railroad Add 315.16
Marilyn Luther N 60' of E 22' of Lot 7,
N60' Lot 8, Block 107, Railroad Add 223.04
Nick Jamson Enterprises Lot I, Lot 2, Block 108, Railroad Add 87.44
Douglas Bookkeeping W29' Lot 3, Lot 4, Block 108, Railroad Add 417.09
Donald J & Janet L Placke S 88' Lot 5, Block 108, Railroad Add 107.09
Sam & Barbara Huston Lot 6, Block 108, Railroad Add 201.01
Bosselman, Inc. Lot 7, Lot 8, Block 108, Railroad Add 324.48
Central NE Credit Union S 61' Lot 1, S 61' Lot 2,
Block 109, Railroad Add 47.88
Poland Oil N 61' Lot 1, N 61' Lot 2,
Block 109, Railroad Add 76.98
John Bailey E 59.5' Lot 3, Block 109, Railroad Add 66.75
John Bailey W 6.5' Lot 3, E 53' Lot 4,
Block 109, Railroad Add 26.34
Elmer Mettenbrink and Lot 5, Lot 6, Block 109, Railroad Add
Elda Stockman 247.42
Mary Henderson Lot 7, Block 109, Railroad Add 43.73
Mary Henderson Lot 8, Block 109, Railroad Add 43.73
Business World Products Block 113 and vacated alley, Railroad Add 393.85
Harriet L. Bost S88' Lot 7, Block 114, Railroad Add 38.86
Harriet L. Bost Lot 8, Block 114, Railroad Add 259.87
12
.
.
.
ORDINANCE NO. 7726 (Contd)
Elaine J. Bishop
Pt Lots 3, 4, 5, Block 97, Railroad Add
143.62
Riverside Investments
N 43.25' Lot 1, Hann's Add
629.28
DEVCO Inc.
Yancey Condonimium 001
11.94
DEVCO Inc.
Yancey Condominium 002
4.10
DEVCO Inc. Yancey Condominium 101
11.41
DEVCO Inc. Yancey Condominium 102
41.62
DEVCO Inc. Yancey Condominium 103
9.37
Mathew Shonseyl Yancey Condominium 301
George Schroeder
$69.07
48.38
Arvon & Luella Marcotte Yancey Condominium 302
Larry & Gail Fischer Yancey Condominium 303
62.80
William L. Zins Yancey Condominium 304
64.21
Michael & Susan Renken Yancey Condominium 305
81.71
Wmard & Harriett Beckman Yancey Condominium 401
49.62
ARTVESTIII
Yancey Condominium 402
56.44
ARTVEST III
Yancey Condominium 403
54.45
62.91
John A. Dinsdale
Yancey Condominium 404
ARTVESTIII
Yancey Condominium 405
54.37
53.44
Larry D. Ruth
Yancey Condominium 406
Wyndell & Barbara Fordham
Yancey Condominium 407
79.98
Alvin & Judy Borer
Yancey Condominium 501
49.62
ARTVEST III
Yancey Condominium 502
58.19
13
ORDINANCE NO. 7726 (Contd)
George & Donna Shaeffer Yancey Condominium 503 54.45
Richard & Nancy Schonberger Yancey Condominium 504 62.88
ARTVEST III Yancey Condominium 505 54.37
. Jack & Kathy Schultz Yancey Condominium 506 53.44
Richard & Nancy Tietgen Yancey Condominium 507 79.98
ARTVEST III Yancey Condominium 601 49.62
DEVCO Inc. Yancey Condominium 602 58.19
Donald & Lois Mathews Yancey Condominium 603 54.45
Daniel F. Clyne Yancey Condominium 604 $62.88
ARTVEST III Yancey Condominium 605 54.37
James & Elouise Ebel Yancey Condominium 606 53.44
Ralph & Jean Cuca Yancey Condominium 607 79.98
Austin & Mary Way Yancey Condominium 701 49.62
ARTVEST III Yancey Condominium 702 58.19
Richard & Margaret Johnson Yancey Condominium 703 54.45
Art & Jan Burtscher Yancey Condominium 704 62.88
Henry Cech Yancey Condominium 705 54.37
Max & Patricia Linder Yancey Condominium 706 53.44
Max & Patricia Linder Yancey Condominium 707 79.98
ARTVEST III Yancey Condominium 801 49.62
Mapes & Company Yancey Condominium 802 58.19
Mapes & Company Yancey Condominium 803 64.73
14
.
JU;~. . > 1D9i
ORDINANCE NO. 7726 (Contd)
Virginia Mae Gosda Yancey Condominium 1002 58.19
Larry Callen Yancey Condominium 1003 64.73
M. J. & Kathryn Dillon Yancey Condominium 1004 93.77
.
Ruth Megard, Trustee Yancey Condominium 1005 70.74
Douglas E. Deeter Yancey Condominium 1006 89.59
John & Sarah Compbell Yancey Condominium 1101 49.62
Patrick & Linda Clare Yancey Condominium 1102 58.19
Robert & Sharon Peshek Yancey Condominium 1103 64.73
Artvest III Yancey Condominium 1104 $93.77
William L. Zins Yancey Condominium 1105 70.74
Thomas D. Hayes Yancey Condominium 804 93.77
Double E Partnership Yancey Condominium 805 70.74
Craig & Jane Pohlman Yancey Condominium 806 89.59
James F. Nissan Yancey Condominium 901 49.62
Elaine & Everett Evnen Yancey Condominium 902 58.19
Elaine & Everett Evnen Yancey Condominium 903 64.73
James Beltzer Yancey Condominium 904 93.77
Harold Hoppe Yancey Condominium 905 70.74
M. J. & Kathryn Dillon Yancey Condominium 906 89.59
ARTVEST III Yancey Condominium 1001 49.62
Robert & Mary Kriz Yancey Condominium 1106 89.59
Ahm Ellison WU,,9' of E33' of S25.1, Lot 7, Original Town 11.00
15
.
.
.
/991
ORDINANCE NO. 7726 (Contd)
Jerry Luth NlOO.5' E 2/3 Lot 1, BIk 54, Original Town
DEVCO Yancey Condo 104
ARTVEST III Yancey Condo 201A
RR & M Limited Partnership Yancey Condo 201B
RR & M Limited Partnership Yancey Condo 201C
RR & M Limited Partnership Yancey Condo 2010
169.51
26.60
210.38
21.94
55.17
41.62
SECTION 2. The special tax shaU become delinquent in fifty days from date of this
levy; the entire amount so assessed and levied against each lot or tract may be paid within fifty
days from the date of this levy without interest and the lien of special tax thereby satisfied and
released. After the same shall become delinquent, interest at the rate of fourteen percent per
annum shaU be paid thereon.
SECTION 3. The city 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 as the
"Downtown Coordination Fund" for Business Improvement District No. 1.
SECTION 5. Any provision of the Grand Island City Code, and any provision of any
ordinance, or part of ordinance, in contlict herewith, is hereby repealed.
SECTION 6. This ordinance shaU be in force and take effect from and after its passage
and publication within fifteen days in one issue of the Grand Island Daily Independent, as
16
.
.
ORDINANCE NO. 7726 (Contd)
provided by law.
Enacted
June 24, 1991
ArrEST:
~ .1. ~~YJ._L~
uritta F. Czaple . City Clerk
B114T~~
; ERNEST L. DOB H, Mayor.
17
.
.
ORDINANCE NO. 7725
JUL. 2 2'1991
An ordinance creating Water Main Connection District No. 400T 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 Connection District No. 400T in the City of Grand Island,
Nebraska, is hereby created for the laying of a twelve-inch water main in Claude Road from
Old Potash Highway to U.S. Highway No. 30.
SECTION 2. The location of such water connection district shall be as follows:
Beginning at a point on the northerly right-of-way line of Old
Potash Highway, being forty (40.0) feet North of the Northwest
comer of the Northwest Quarter of the Northeast Quarter
(NWv..NEv..) of Section Twenty-four (24), Township Eleven (11)
North, Range Ten (to) West of the 6th P.M., Grand Island, Hall
County, Nebraska; thence easterly along said northerly right-of-
way line of Old Potash Highway a distance of thirty-three (33.0)
feet; thence southerly parallel to the westerly line of said
Northwest Quarter of the Northeast Quarter (NWv..NEv..) a
distance of four hundred fifty (450.0) feet; thence easterly parallel
to said northerly right-of-way line of Old Potash Highway a
distance of three hundred (300.0) feet; thence southerly parallel
to the westerly line of said Northwest Quarter of the Northeast
Quarter (NWv..NEv..) a distance of nine hundred twenty-two and
two-tenths (922.2) feet to a point on the northerly line of Lot Two
(2), Bick's Industrial Subdivision; thence easterly along the
northerly line of said Lot Two (2) a distance of two hundred
forty-five and six hundredths (245.06) feet to the Northeast comer
of said Lot Two (2), being a point on the northwesterly right-of-
way line of U.S. Highway 30; thence southwesterly along the
northwesterly right-of-way line of said U.S. Highway 30 a distance
of five hundred nine and forty-two hundredths (509.42) feet to the
Southwest comer of said Lot Two (2); thence continuing
:t ....
. IX Z
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.
.
JtJL. 2 2 1991
ORDINANCE NO. 7725 (Contd)
southwesterly along the northwesterly right-of-way line of said
U.S. Highway 30 a distance of three hundred eighty-six (386.0)
feet to the Southwest comer of Lot One (1) Westgate
Subdivision; thence northerly along the westerly line of said Lot
One (1) a distance of three hundred six and nine-tenths (306.9)
feet to the Northwest comer of said Lot One (1); thence
northeasterly along the northerly line of said Lot One- (1) a
distance of fifty-two and seven-tenths (52.7) feet; thence northerly
along the westerly line of Lot Twenty-four (24), Westgate
Subdivision, and its southerly extension a distance of three
hundred sixty-five and seven-tenths (365.7) feet to the Northwest
comer of said Lot Twenty-four (24); thence westerly along the
southerly line of Lot Twenty-five (25), Westgate Subdivision, a
distance of one hundred fifty (150.0) feet to the Southwest comer
of said Lot Twenty-five (25); thence northerly along the westerly
line of said Lot Twenty-five (25) and Lot Twenty-six (26),
Westgate Subdivision, and Lot One (1) and Lot Two (2),
Westgate Third Subdivision, and their northerly extension a
distance of one thousand two hundred one (1,201.0) feet to a
point on the northerly right-of-way line of said Old Potash
Highway; thence easterly along the northerly right-of-way line of
said Old Potash Highway a distance of three hundred forty-three
(343.0) feet; thence northerly a distance of seven (7.0) feet to the
point of beginning, all as shown on the plat 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 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 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, based on the cost of
an eight (8) inch water main, pursuant to Section 16-6,103, RRS. 1943. The special benefits
shall not be levied as special assessments but shall be certified by resolution of the city council
2
.
.
JUL. 2 2 1991
ORDINANCE NO. 7725 (Contd)
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
benefited 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 Connection District
No. 400T for the purpose of creating a sinking fund for the payment of bonds. Payment of the
cost of construction of Water Main Connection District No. 400T may be made by warrants
drawn upon the Water Surplus Fund.
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,
approval, and publication within fifteen days in one issue of the Grand Island Daily
Independent.
Enacted
July 22, 1991
B:<&t;ft- ~11~-.a..
.r' Ernest L.r Dobesh, Mayor
~
A TrEST:
3
ORDINANCE NO. 7724
.
An ordinance directing and authorizing the conveyance of Lots Four (4), Five
(5), and Six (6), Pleasant Hill Addition to the 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:
SECfION 1. The conveyance to ABRAHAM G. SOTO, JR. and SUE
ELLEN SOTO of Lots Four (4), Five (5), and Six (6), Pleasant Hill Addition to the City
of Grand Island, Hall County, Nebraska, is hereby authorized and directed.
SECTION 2. The consideration for such conveyance shall be Four Hundred
Dollars ($400.00). Conveyance of the real estate above described shall be by special
warranty deed, upon delivery of the consideration, and the City of Grand Island will not
furnish title insurance.
SECfION 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.
SECfION 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
.
TO FORM
JUN 6 1991
LEGAL DEPARTMENT
.
.
ORDINANCE NO. 7724 (Contd)
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.
SECfION 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 the said ABRAHAM G. SOTO,
JR. and SUE ELLEN SOTO 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.
SECfION 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 *.I.Mu/ /0 I /9'1/
~~~
--mest L~ b:,esh, Mayor
ATIEST:
.
.
ORDINANCE NO. 7723
An ordinance directing and authorizing the conveyance of Lot 1, Dickey Seventh
Subdivision in the 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 STEVEN SCHLEICHER and LORRIE
SCHLEICHER of Lot 1, Dickey Seventh Subdivision in the City of Grand Island, Hall
County, Nebraska, is hereby authorized and directed.
SECfION 2. The consideration for such conveyance shall be Two Thousand Five
Hundred Dollars ($2,500.00). Conveyance of the real estate above described shall be by
deed, upon delivery of the consideration. The Grantee shall pay the 1990 and any prior
years general real estate taxes, and the taxes for 1991 shall be prorated to date of
possession. The cost of the title insurance policy shall be paid one-half by the Buyer and
one-half by the Seller.
SECfION 3. As provided by law, notice of such conveyance and the terms thereof
shall be published for three consecutive weeks in the Grand Island Daily 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.
SECfION 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
o FORM
JUN 6 1991
LEGAL DEPARTMENT
.
.
ORDINANCE NO. 7723 (Contd)
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.
SECfION 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 STEVEN SCHLEICHER and LORRIE
SCHLEICHER a deed for said real estate, and the execution of such deed is hereby
authorized without further action on behalf of the City Council.
SECfION 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 Daily
Independent, as provided by law.
Enacted _~ -Un.U Lf2, 1991
&:
' ~r-< ~
~ roest L. ~ayor
ATTEST:
.
.
ORDINANCE NO. 7722
An ordinance directing and authorizing the conveyance of Lots 3 and 4, Dickey
Seventh Subdivision in the 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 DAVID S. McNEEL of Lots 3 and 4, Dickey
Seventh Subdivision in the City of Grand Island, Hall County, Nebraska, is hereby
authorized and directed.
SECTION 2. The consideration for such conveyance shall be Five Thousand Dollars
($5,000.00). Conveyance of the real estate above described shall be by deed, upon delivery
of the consideration. The Grantee shall pay the 1990 and any prior years general real
estate taxes, and the taxes for 1991 shall be prorated to date of possession. The cost of the
title insurance policy shall be paid one-half by the Buyer and one-half by the Seller.
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 Daily 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
JUN 6 '1991
LEGAL DEPARTMENT
.
.
ORDINANCE NO. 7722 (Contd)
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.
SECfION 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 DAVID S. McNEEL a deed for said real estate,
and the execution of such deed is hereby authorized without further action on behalf of the
City Council.
SECfION 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 ~4ml LD, 1'1 r I
~~j-o)~ ~A-./
Ernest L. Dobesh, Mayor
A1TEST:
.
.
ORDINANCE NO. 7721
An ordinance to amend the Grand Island City Code by amending Section 13-3 of
Chapter 13 pertaining to the Downtown Improvement and Parking District; to establish the
annual rates of the general license and occupation tax and classification of business; to
repeal the original Section 13-3; 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 Section 13-3 of Chapter 13 of the Grand Island City Code is
amended to read as follows:
Sec. 13-3.
TAX RATE
The annual rate of the general license and occupation tax and classiijcation of
businesses are as follows:
1. $00.086 square foot floor space upon all space used for
business and professional offices in the district; Provided,
2. $69.00 minimum annual tax for any single business or professional office
should the tax rate under 1 above be less than $69.00;
3. Any business or professional office operating and maintaining any off-street
parking place within said Downtown Improvement and Parking District which
is hereby defined as 180 square feet which may be reasonably used for
parking a motor vehicle shall receive $5.00 credit in computing the tax due
under 1 above, but, in no event shall pay less than the minimum annual tax
as set forth in 2 above.
SECTION 2. That the original Section 13-3 of the Grand Island City Code
as heretofore existing is hereby 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 ~ L&. I Iff Cj I
~~,r~~
.-E NEST L. DOBEH, Mayor
ATTEST:
TO FORM<
MAY 30 1991
LEGAL DEPARTMENT
ORDINANCE NO. 7720
An ordinance assessing and levying a special tax to pay the cost of construction of
Street Improvement District No. 1174 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.
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 Street Improvement District No. 1174, as adjusted by the Council of the City, sitting
as a Board of Equalization, to the extent of benefits accruing thereto by reason of such
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
LOT BLK
ADDITION
AMOUNT
Paul R L & Katherine P
Sensenbach, Sr. Part of Lot H, Joehnck's Subdivision,
described as beginning at a point where the South line of
MacArthur Avenue intersects the West line of Cherry Street;
thence southerly on the West line of Cherry Street for a
distance of 83.6'; thence westerly 100'; thence northerly 83.6'
to the South line of MacArthur Avenue; thence easterly on the
South line of MacArthur Avenue to the point of beginning
$942.24
Jame E & Linda A Eilts Part of Lot H, Joehnck's Subdivision,
described as beginning at a point 100' West of and 8' South of
the Northeast corner of Lot 1, Martin Subdivision; thence westerly 65';
thence northerly 133.6'; thence easterly 65'; thence southerly 133.6'
to the point of beginning $364.20
Norma M Jakob Part of H, Joehnck's Subdivision,
described as beginning at a point 165' West of and 8' South
of Northeast corner of Lot 1, Martin Subdivision; thence
westerly for a distance of 65'; thence northerly 133.6';
thence easterly 65'; thence southerly for a distance of
133.6' to the point of beginning
172.51
.
Allen H & Nannette S. Neuhaus Part of Lot H, Joehnck's Subdivision,
described as beginning at a point 230' West of and 8' South
of the Northeast corner of Lot 1, Martin Subdivision; thence
westerly 54'; thence northerly 133.6'; thence easterly 54';
thence southerly 133.6' to the point of beginning
$72.41
ORDINANCE NO. 7720 (Contd)
.
James L & Rosalie B Greer Part of Lot H, Joehnck's Subdivision,
described as beginning at a point 284' West of and 8' South
of the Northeast corner of Lot 1, Martin Subdivision; thence
westerly 55'; thence northerly 133.6'; thence easterly 55';
thence southerly 133.6' to the point of beginning $14.91
Laverna E Reimers and
Patricia A Smith Part of Lot H, Joehnck's Subdivision,
described as beginning at a point 38.5' West of the
Southeast corner of Lot 10, Martin Subdivision; thence
southerly a distance of 142'; thence westerly a distance of 80';
thence northerly a distance of 97.9'; thence easterly for a distance
of 91.33' to the point of beginning $460.16
Lillian B Boernke Part of Lot H, Joehnck's Subdivision,
described as beginning at the Southwest corner of Lot 7,
Martin Subdivision; thence easterly for a distance of
173.8'; thence southerly a distance of 97.9'; thence
westerly a distance of 144.92'; thence northerly for a
distance of 8.03' to the point of beginning
$133.18
Ronald K & Sandra K Davis 1 Martin Sub
Gary D & Venus B McShannon 2 Martin Sub
Neal W & Tami L Nebower 3 Martin Sub
Robert H & Hildamae C Lenners 4 Martin Sub
Robert H & Hildamae C Lenners 5 Martin Sub
Gregory D & Ardith J Grimes 6 Martin Sub
Douglas R & Lisa A Sanders 7 Martin Sub
Robert J & Mary C Luna 8 Martin Sub
Patrick T & Jean A Towey 9 Martin Sub
Jerry L & Marilyn A Paustian 10 Martin Sub
Superbowl Enterprises Inc Described as beginning at a point where the
East line of Cherry Street intersects the North line of Bismark
Road; thence northerly on the East line of Cherry Street to a
point where the prolongation of the South line of MacArthur Avenue
intersects; thence easterly 300'; thence southerly on a line 300'
East of and parallel to the East line of Cherry Street to the North
line of Bismark Road; thence westerly on the line of Bismark Road to
the point of beginning $9,888.05
$902.51
464.76
234.57
125.46
$57.63
$57.63
$125.46
$218.60
$431.86
$838.61
SECTION 2. The special tax shall become delinquent as follows: One-tenth shall
become delinquent in fifty days from date of this levy; one-tenth in one year; one-tenth in
two years; one-tenth in three years; one-tenth in four years; one-tenth in five years;
one-tenth in six years; one-tenth in seven years; one-tenth in eight years; one-tenth in nine
years; provided, however, the entire amount so assessed and levied against each lot or tract
.
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 such installment, except the first, shall
draw interest at the rate of seven percent per annum from the time of levy until the same
shall become delinquent. After the same shall become delinquent, interest at the rate of
.
.
ORDINANCE NO. 7720 (Contd)
14 percent per annum shall be paid thereon.
SECfION 3. The city 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.
SECfION 4. Such special assessments shall be paid into a fund to be designated
as the "Paving Fund" for Street Improvement District No. 1174.
SECfION 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.
SECfION 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 Daily
Independent, as provided by law.
Enacted May 28. 1991
-~~{f~, ~
Mayor
A TrEST:
.
.
ORDINANCE NO. 7719
An ordinance assessing and levying a special tax to pay the cost of construction of
Street Improvement District No. 1173 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.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECfION 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 Street Improvement District No. 1173, as adjusted by the Council of the City, sitting
as a Board of Equalization, to the extent of benefits accruing thereto by reason of such
improvement, after due notice having been given thereof as p'rovided 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
LOT BLK
ADDITION
AMOUNT
Mid-Nebraska Auto Auction Inc
N300' of S340' of W363'
of SW1f4SE1f4 Sec 12-11-10
1 Wal-Mart Sub
2 Wal-Mart Sub
$19,874.15
$34,373.84
$6,212.62
Beverly Sommer S300'
Byron A. Wheeler S300'
Park Breslin Grand
Island Associates
S300' of N340' of W396.12'
NW1f4NE1f4 Sec 13-11-10
$21,687.46
$32,520.79
$6,510.38
$100.70
Park Breslin Grand
Island Associates
Park Breslin Grand
Island Associates
Park Breslin Grand
Island Associates
N300'
1
Park Island Square
2
Park Island Square
N30.8'
3
Park Island Square
SECfION 2. The special tax shall become delinquent as follows: One-tenth shall
become delinquent in fifty days from date of this levy; one-tenth in one year; one-tenth in
two years; one-tenth in three years; one-tenth in four years; one-tenth in five years;
one-tenth in six years; one-tenth in seven years; one-tenth in eight years; one-tenth in nine
years; provided, however, the entire amount so assessed and levied against each lot or tract
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 such installment, except the first, shall
draw interest at the rate of seven percent per annum from the time of levy until the same
, TO FORM
MAY 21 1991
LEGAL DEPARTMENT
.
.
ORDINANCE NO. 7719 (Contd)
shall become delinquent. After the same shall become delinquent, interest at the rate of
14 percent per annum shall be paid thereon.
SECTION 3. The city 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
as the "Paving Fund" for Street Improvement District No. 1173.
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 Daily
Independent, as provided by law.
Enacted
May 28, 1991
Q 4r-/ ~
~~~r:;o~s~
Mayor
ATIEST:
G
.
.
0-'1
,<> ,f
ORDINANCE NO. 7718
An ordinance to amend Ordinances Nos. 7645, 7661, and 7711, known as the
1990-1991 Annual Appropriation Ordinance of the City of Grand Island and amendments
thereto; to increase the budget to accept funds related to Economic Development Grant
#90-ED-OI0; to establish Fund Number 297 as Water Main ConstrUction Grant; and to
increase the budget to accept donated funds relating to barrier-free playground into Fund
No. 153; to repeal any ordinances or parts of ordinances in conflict herewith; to provide
for severability; 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. To amend Ordinances Nos. 7645, 7661, and 7711 to provide
the following:
A. To establish Fund Number 297 as Water Main Construction
Grant. The anticipated revenues to be derived are:
Economic Development Grant 90-ED-OI0
City Matching Funds
Water Utility Department Contribution
Total
$42,200
$39,700
$16.600
$98,500
Dependent upon receipt of the above funds, the anticipated
appropriations are:
Water Distribution Construction
Administration
Total
$96,000
$ 2.500
$98,500
B. All donations received for establishment of the barrier-free
playground are hereby appropriated to the Parks & Recreation
" APPHOVED AS TO FORM
,
1''7~' 991
MAY 8 'j
trO,l\l fH"""i\RTMENT
.
.
G' I'
(i (r
ORDINANCE NO. 7718 (Contd)
Fund 153, Parks Improvement, and the appropriation to said
fund is hereby increased by the sum of $40,000.
SEGrION 2. If any section, subsection, or any other portion of this
ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed separate, distinct, and independent, and such holding shall
not affect the validity of the remaining portions thereof.
SEGrION 3. Any ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SEGrION 4. This ordinance shall be in force and take effect from and after
its passage and publication within fifteen days in one issue of the Grand Island Daily
Independent as provided by law.
Enacted
May 13, 1991
@uJ-d ~.
..... -mest L. Dobe.h. Mayor
Attest:
.
APR. 3 0 19Qj
ORDINANCE NO. 7717
An ordinance to amend Ordinance No. 7715 which classified the officers and employees of
the City of Grand Island, and fixed ranges of compensation of such officers and employees; to
amend certain classifications in the General Schedule; to repeal those parts of Section 1 in conflict
. herewith; to provide for the effective date of this ordinance; and to provide for publication of this
ordinance in pamphlet form.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That the General Schedule of Section 1 of Ordinance No. 7715 and
particuarly pertaining to the positions of Foreman I and Personnel Clerk classifications be, and
hereby are, amended to read as follows:
1990-1991
SALARY SCHEDULES
CLASSIFICATION
PAY GRADE
MONTHLY PAY
RANGE ($)
HOURS/DA YS
WORK PERIOD
General Schedule
Accountant I 19 1621-2258 40/7
Acet Clerk I 6 886-1161 40/7
Acet Clerk II 9 1013-1406 40/7
Acet Clerk III 13 1221-1702 40/7
Administrative Asst I 21 1783-2481 Ineligible
Administrative Asst II 26 2258-3161 Ineligible
Administrative Secretary 17 1473-2052 40/7
Asst Cemetery Supt 15 1339-1869 40/7
Asst City Engineer 28 2481-3478 Ineligible
Asst City Attorney 29 2605-3650 Ineligible
Asst Director Data Proc 23 1961-2733 Ineligible
Asst Director Utility Ops 31 2869-4025 Ineligible
Asst Golf Course Supt 17 1473-2052 Ineligible
Asst Line Supt 27 2367-3316 40/7
Asst Plant Supt- WPCP 19 1621-2258 40/7
Asst Underground & Subst Supt 26 2258-3161 40/7
.
APP S~
ENT
APR. S 0 1991
ORDINANCE NUMBER 7717
(Continued) Page 2
Asst Power Plant Supt-Operations 27 2367-3316 Ineligible
Asst Power Plant Supt-Maintenance 26 2258-3161 Ineligible
Asst Street Supt 19 1621-2258 40/7
Asst Water Supt 22 1869-2605 40/7
Attorney I 21 1783-2481 Ineligible
. Building Department Director 2052-3290 Ineligible
Building Inspector I 19 1621-2258 40/7
Business Manager 24 2052-2869 Ineligible
Cashier I 6 886-1161 40/7
Cashier II 7 924-1276 40/7
Cemetery Supt 22 1869-2605 Ineligible
Chief Building Official 25 2155-3013 Ineligible
Chief Power Dispatcher 21 1783-2481 Ineligible
Certified Sr Engineer Tech 20 1702-2367 40/7
City Administrator 3037-5142 Ineligible
City Attorney 3317-4603 Ineligible
City Clerk 1703-2368 Ineligible
City Treasurer 2860-4259 Ineligible
Civil Defense Deputy Director 14 1276-1783 40/7
Clerk II 5 850-1110 40/7
Clerk III 8 968-1339 40/7
Clerk Steno I 6 886-1161 40/7
Clerk Steno II 10 1065-1473 40/7
Clerk Steno III 12 1161-1621 40/7
Clerk Typist II 5 850-1110 40/7
Clerk Typist III 7 924-1276 40/7
Communications-Civil Defense Dir 25 2155-3013 Ineligible
Communications Deputy Director 14 1276-1783 40/7
Community Development Coordntr 21 1783-2481 Ineligible
Community Development Director 2548-3637 Ineligible
Community Development Tech 17 1473-2052 40/7
Custodian I 6 886-1161 40/7
Custodian II 8 968-1339 40/7
Deputy City Attorney 25 2155-3013 Ineligible
Deputy City Treasurer 27 2367-3316 Ineligible
Deputy Director-Pub Works 27 2367-3316 Ineligible
Deputy Fire Chief 28 2481-3478 Ineligible
Deputy Police Chief 28 2481-3478 Ineligible
Director of Data Processing 2718-3803 Ineligible
Director of Utility Operations 2970-5086 Ineligible
Distribution Supt-Electric 29 2605-3650 Ineligible
Downtown Coordinator 1370-2750 Ineligible
Electrical Engineer II 24 2052-2869 Ineligible
Electrical Engineer III PE 31 2869-4025 Ineligible
Electrical Inspector 19 1621-2258 40/7
Engineer Aide I 11 1110-1547 40/7
.
'\pR. S 0 191n
ORDINANCE NUMBER 7717
(Continued)
Page 3
Engineer Aide II 15 1339*1869 40/7
Engineer Aide III 18 1547-2155 40/7
Engineer Aide IV 20 1702-2367 40/7
Engineer Assistant I 16 1406-1961 40/7
. Engineer Assistant II 19 1621-2258 40/7
Engineer Assistant III 23 1961-2733 40/7
Engineer I 25 2155-3013 Ineligible
Engineer II 27 2367-3316 Ineligible
Engineer III 29 2605-3650 Ineligible
Engineer III PE 29 2605-3650 Ineligible
Equipment Mechanic I 14 1276.,1 783 40/7
Equipment Mechanic II 16 1406-1961 40/7
Equipment Operator I 13 1221-1702 40/7
Executive Secretary 14 1276-1783 40/7
Fire Chief 2743-3839 Ineligible
Fire Marshall 27 2367-3316 Ineligible
Fire Training Officer 27 2367-3316 Ineligible
Foreman I 18 1547-2258 40/7
Foreman II 19 1621-2258 40/7
Golf Course Maintenance Worker 12 1161-1621 Ineligible
Golf Course Supt 1698-2736 Ineligible
Housing Inspector I 15 1339-1869 40/7
Lab Technician I 11 1110-1547 40/7
Lab Technician II 16 1406-1961 40/7
Lab Technologist 22 1869-2605 Ineligible
Landfill Attendant 8 968-1339 40/7
Legal Assistant 17 1473-2052 40/7
Legal Steno I 7 924-1276 40/7
Legal Steno II 10 1065-1473 40/7
Maintenance Worker I 10 1065-1473 40/7
Maintenance Worker II 13 1221-1702 40/7
Maintenance Worker III 14 1276-1783 40/7
Maintenance Mechanic I 14 1276-1783 40/7
Maintenance Mechanic II 18 1547-2155 40/7
Mechanics Helper 10 1065-1473 40/7
Meter Reader Supervisor 17 1473-2052 40/7
Meter Supt 23 1961-2733 Ineligible
Paramedic Supervisor 26 2258-3161 Ineligible
Park/Cern Maintenance Worker I 10 1065-1473 40/7
Park/Cern Maintenance Worker II 13 1221-1702 40/7
Park Maintenance Worker 10 1065-1473 40/7
ParkslRec Director 2718-3803 Ineligible
Park Supt 23 1961-2733 Ineligible
Personnel Clerk 12 1161-1621 40/7
Personnel Coordinator 2718-3803 Ineligible
Plant Operator I-WPCP 11 1110-1547 40/7
.
,,{'\-{. 3 0, lQil
.
.
ORDINANCE NO. 7717
(Continued)
Page 4
Plant Operator II-WPCP
Plant Op Chief III-WPCP
Plant Supt- WPCP
Plant Supt WPCP OpslEng
Plant Supt-Power
Plumbing Inspector
Police Captain
Police Chief
Power Plant Production Supt
Power Plant Supt-Burdick
Public Works Director
Purchasing/Personnel Officer
Recreation Assistant
Recreation Supt
Shop Foreman
Shop Supt
Street Supt
Stores Supervisor
Underground & Substation Supt
Utilities Engineer Asst II
Utilities Engineer III
Utilities Engineer-Mechanical
Utility Worker IlLaborer
Utility Worker II
Water Supt
Worker/Seasonal
Workerffemporary
14
18
24
28
29
19
26
30
26
16
13
17
18
22
27
22
28
19
27
32
10
12
24
1276-1783
1547-2155
2052-2869
2481-3478
2605-3650
1621-2258
2258-3161
2871-4017
2733-3833
2258-3161
3573-5000
1406-1961
1221-1702
1473-2052
1547-2155
1869-2605
2367-3316
1869-2605
2481-3478
1621-2258
2367-3316
3013-4226
1065-1473
1161-1621
2052-2869
629-969
629-1123
40/7
40/7
Ineligible
Ineligible
Ineligible
40/7
Ineligible
Ineligible
Ineligible
Ineligible
Ineligible
40/7
40/7
Ineligible
40/7
40/7
Ineligible
40/7
Ineligible
40/7
Ineligible
Ineligible
40/7
40/7
Ineligible
Ineligible
40/7
SECTION 2. That Section 1 of Ordinance No. 7715 and any other ordinance in conflict
herewith, be, and the same are, hereby repealed.
SECTION 3. This ordinance shall be in force and take effect from and after its passage and
publication within fifteen days in pamphlet form by the City Clerk.
Enacted tj- f-:q cr - 9 f
Attest:
/~~~~
Ernest L. Dobesh, Mayor
.
.
APR. 1 5 1991
ORDINANCE NO. 7716
An ordinance to amend Section 17-29 pertaining to fees of Chapter 17 of the
Grand Island City Code entitled Garbage, Refuse, Waste, and Weeds; to provide for fees for
garbage, refuse and waste materials brought in from outside Hall County; to repeal Section
17-29 as heretofore existing; and to provide for the effective date of this ordinance.
BE IT ORDAINED BY THE MA YOR AND COUNCIL OF THE CITY
OF GRAND ISLAND, NEBRASKA:
SECI'ION 1. Section 17-29 of Chapter 17 of the Grand Island City Code be,
and hereby is, amended to read as follows:
~17-29. Fees
A. All persons who dispose of garbage, refuse, and waste
materials at the City transfer station, or the City sanitary landfill when
permitted, shall pay to the City for such dumping privileges, for each load,
an amount as follows:
1. For general refuse, solid waste, and demolition
materials: $5.00 per cubic yard, subject to a minimum charge of $5.00.
A reduced rate of $4.00 per cubic yard, subject to a minimum charge
of $4.00, shall apply when the delivering vehicle is properly equipped
and the load is completely covered or otherwise contained or securely
fastened as required by this chapter or other applicable laws.
2. For tires:
a. $1.35 per passenger car tires
b. $2.35 per truck tire
c. $8.00 per implement tire
3. For the following for which the hauler has been
authorized to haul directly to the landfill by the director of public
works or his designated agent:
L\PH 11
APR. r 5 1991
ORDINANCE NO. 7716 (Contd)
a. Street sweepings - $1.50 per cubic yard
b. Noncompactable rubble - $1.85 per cubic yard
.
c.
Liquid waste, sludge, onion waste, and loads of tires -
$2.65 per cubic yard.
The fees for garbage, refuse and waste materials brought in
from outside of Hall County shall be twice the amount provided
above. No garbage, refuse, or other waste material shall be accepted
from outside of Hall County until an agreement is approved by the
City Council covering the receipt of same. Said agreement shall
provide for indemnification of the City and shall prohibit delivery of
yard waste, asbestos, tires, liquid waste, sludge, and any waste
requiring special handling in addition to the restrictions otherwise
imposed. The existing agreements with St. Libory, Shelton, and
Palmer shall be required to comply with these provisions from and
after January 1, 1992.
B. The fees set forth in subsection A.I. 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 of the higher rate.
.
.
.
~. 5 Hn~
ORDINANCE NO. 7716 (Contd)
C. 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 Gra~d 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 business.
SECTION 2. Section 17-29 of the Grand Island City Code as heretofore existing,
and any other 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 Daily
Independent as provided by law.
Enacted Apri 1 15, 1991
/~,rALM~t.
Ernest L. Dobesh, Mayor
--'"
Attest:
.
.
!\PP. i 5 'i~!?,
ORDINANCE NO. 7715
An ordinance to amend Ordinance No. 7698 which classified the officers and employees of
the City of Grand Island, and fixed ranges of compensation of such officers and employees; to
amend certain classifications in the General Schedule; to repeal those parts of Section 1 in conflict
herewith; to provide for the effective date of this ordinance; 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. That part of Section 1 of Ordinance No. 7698 pertaining to the
General Schedule and particularly to classification of police captain be, and hereby are, amended
to read as follows:
1990-1991
SALARY SCHEDULES
CLASSIFICATION
PAY GRADE
MONTHLY PAY
RANGE ($)
HOURS/DA YS
WORK PERIOD
General Schedule
Accountant I 19 1621-2258 40/7
Acet Clerk I 6 886-1161 40/7
Acet Clerk II 9 1013-1406 40/7
Acet Clerk III 13 1221-1702 40/7
Administrative Asst I 21 1783-2481 Ineligible
Administrative Asst II 26 2258-3161 Ineligible
Administrative Secretary 17 1473-2052 40/7
Asst Cemetery Supt 15 1339-1869 40/7
Asst City Engineer 28 2481-3478 Ineligible
Asst City Attorney 29 2605-3650 Ineligible
Asst Director Data Proc 23 1961-2733 Ineligible
Asst Director Utility Ops 31 2869-4025 Ineligible
Asst Golf Course Supt 17 1473-2052 Ineligible
Asst Line Supt 27 2367-3316 40/7
Asst Plant Supt- WPCP 19 1621-2258 40/7
Asst Underground & Subst Supt 26 2258-3161 40/7
flDP 'I i "qq'!
l-1.1 ~'\ .. _._^ Iv,--' I
APR. 1 5 mg,
ORDINANCE NUMBER 7715
(Continued) Page 2
Asst Power Plant Supt-Operations 27 2367-3316 Ineligible
Asst Power Plant Supt-Maintenance 26 2258-3161 Ineligible
Asst Street Supt 19 1621-2258 40/7
Asst Water Supt 22 1869-2605 40/7
Attorney I 21 1783-2481 Ineligible
. Building Department Director 2052-3290 Ineligible
Building Inspector I 19 1621-2258 40/7
Business Manager 24 2052-2869 Ineligible
Cashier I 6 886-1161 40/7
Cashier II 7 924-1276 40/7
Cemetery Supt 22 1869-2605 Ineligible
Chief Building Official 25 2155-3013 Ineligible
Chief Power Dispatcher 21 1783-2481 Ineligible
Certified Sr Engineer Tech 20 1702-2367 40/7
City Administrator 3037-5142 Ineligible
City Attorney 3317-4603 Ineligible
City Clerk 1703-2368 Ineligible
City Treasurer 2860-4259 Ineligible
Civil Defense Deputy Director 14 1276-1783 40/7
Clerk II 5 850-1110 40/7
Clerk III 8 968-1339 40/7
Clerk Steno I 6 886-1161 40/7
Clerk Steno II 10 1065-1473 40/7
Clerk Steno III 12 1161-1621 40/7
Clerk Typist II 5 850-1110 40/7
Clerk Typist III 7 924-1276 40/7
Communications-Civil Defense Dir 25 2155-3013 Ineligible
Communications Deputy Director 14 1276-1783 40/7
Community Development Coordntr 21 1783-2481 Ineligible
Community Development Director 2548-3637 Ineligible
Community Development Tech 17 1473-2052 40/7
Custodian I 6 886-1161 40/7
Custodian II 8 968-1339 40/7
Deputy City Attorney 25 2155-3013 Ineligible
Deputy City Treasurer 27 2367 -3316 Ineligible
Deputy Director-Pub Works 27 2367-3316 Ineligible
Deputy Fire Chief 28 2481-3478 Ineligible
Deputy Police Chief 28 2481-3478 Ineligible
Director of Data Processing 2718-3803 Ineligible
Director of Utility Operations 2970-5086 Ineligible
Distribution Supt-Electric 29 2605-3650 Ineligible
Downtown Coordinator 1370-2750 Ineligible
Electrical Engineer II 24 2052-2869 Ineligible
Electrical Engineer III PE 31 2869-4025 Ineligible
Electrical Inspector 19 1621-2258 40/7
Engineer Aide I 11 1110-1547 40/7
.
*,,'f"RI Ci W 91
ORDINANCE NUMBER 7715
(Continued)
Page 3
Engineer Aide II 15 1339-1869 40/7
Engineer Aide III 18 1547-2155 40/7
Engineer Aide IV 20 1702-2367 40/7
Engineer Assistant I 16 1406-1961 40/7
. Engineer Assistant II 19 1621-2258 40/7
Engineer Assistant III 23 1961-2733 40/7
Engineer I 25 2155-3013 Ineligible
Engineer II 27 2367-3316 Ineligible
Engineer III 29 2605-3650 Ineligible
Engineer III PE 29 2605-3650 Ineligible
Equipment Mechanic I 14 1276-1783 40/7
Equipment Mechanic II 16 1406-1961 40/7
Equipment Operator I 13 1221-1702 40/7
Executive Secretary 14 1276-1783 40/7
Fire Chief 2743-3839 Ineligible
Fire Marshall 27 2367-3316 Ineligible
Fire Training Officer 27 2367-3316 Ineligible
Foreman I 18 1547-2155 40/7
Foreman II 19 1621-2258 40/7
Golf Course Maintenance Worker 12 1161-1621 Ineligible
Golf Course Supt 1698-2736 Ineligible
Housing Inspector I 15 1339-1869 40/7
Lab Technician I 11 1110-1547 40/7
Lab Technician II 16 1406-1961 40/7
Lab Technologist 22 1869-2605 Ineligible
Landfill Attendant 8 968-1339 40/7
Legal Assistant 17 1473-2052 40/7
Legal Steno I 7 924-1276 40/7
Legal Steno II 10 1065-1473 40/7
Maintenance Worker I 10 1065-1473 40/7
Maintenance Worker II 13 1221-1702 40/7
Maintenance Worker III 14 1276-1783 40/7
Maintenance Mechanic I 14 1276-1783 40/7
Maintenance Mechanic II 18 1547-2155 40/7
Mechanics Helper 10 1065-1473 40/7
Meter Reader Supervisor 17 1473.2052 40/7
Meter Supt 23 1961-2733 Ineligible
Paramedic Supervisor 26 2258-3161 Ineligible
Park/Cern Maintenance Worker I 10 1065-1473 40/7
Park/Cern Maintenance Worker II 13 1221-1702 40/7
Park Maintenance Worker 10 1065-1473 40/7
ParkslRec Director 2718-3803 Ineligible
Park Supt 23 1961-2733 Ineligible
Personnel Coordinator 2718.3803 Ineligible
Plant Operator I-WPCP 11 1110-1547 40/7
Plant Operator II-WPCP 14 1276-1783 40;7
.
G ;~r,)~
ORDINANCE NUMBER 7715
(Continued)
Page 4
Plant Op Chief III-WPCP 18 1547-2155 40/7
Plant Supt- WPCP 24 2052-2869 Ineligible
Plant Supt WPCP OpslEng 28 2481-3478 Ineligible
Plant Supt-Power 29 2605-3650 Ineligible
. Plumbing Inspector 19 1621-2258 40/7
Police Captain 26 2258-3161 Ineligible
Police Chief 2871-4017 Ineligible
Power Plant Production Supt 30 2733-3833 Ineligible
Power Plant Supt-Burdick 26 2258-3161 Ineligible
Public Works Director 3573-5000 Ineligible
PurchasinglPersonnel Officer 16 1406-1961 40/7
Recreation Assistant 13 1221-1702 40/7
Recreation Supt 17 1473-2052 Ineligible
Shop Foreman 18 1547-2155 40/7
Shop Supt 22 1869-2605 40/7
Street Supt 27 2367-3316 Ineligible
Stores Supervisor 22 1869-2605 40/7
Underground & Substation Supt 28 2481-3478 Ineligible
Utilities Engineer Asst II 19 1621-2258 40/7
Utilities Engineer III 27 2367-3316 Ineligible
Utilities Engineer-Mechanical 32 3013-4226 Ineligible
Utility Worker I;Laborer 10 1065-1473 40/7
Utility Worker II 12 1161-1621 40/7
Water Supt 24 2052-2869 Ineligible
Worker/Seasonal 629-969 Ineligible
Workerffemporary 629-1123 40/7
SECTION 2. That Section 1 of Ordinance No. 7698 and any other ordinance in conflict
herewith, be, and the same are, hereby repealed.
SECTION 3. The amendment set forth in this ordinance shall be effective for the pay of
City employees as of April 11, 1991.
SECTION 4. This ordinance shall be in force and take effect from and after its passage and
publication within fifteen days in pamphlet form by the City Clerk.
Enacted April 15. 1991
&.--d~ ~
/Ernest L. Dobes , Mayor
Attest:
.
.
.
APR. 1 5 199"
ORDINANCE NO. 7714
An ordinance rezoning certain tracts of land within the zoning jurisdiction of the
City of Grand Island; changing the land use district part of several parcels in Section 15,
Township 11 North, Range 9 West of the 6th P.M., in the City of Grand Island, Hall
County, Nebraska, from R2-Low Density Residential Zone to CD-Commercial
Development 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
of the Grand Island City Code to conform to such reclassification;
WHEREAS, the Regional Planning Commission on April 3, 1991, held a public
hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 79-4,151, RRS. 1943, has been given to
the Board of Education of School District No.2 in Hall County, Nebraska; and
WHEREAS, after public hearing on April 1, 1991, the City Council found and
determined that the change in zoning be approved and granted.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
G RAND ISLAND, NEBRASKA:
SECTION 1. That certain tracts of land in Section 15, Township 11 North, R(lngc
9 West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, more
p(lrticularly described as follows:
Tract 1:
A tract of land in the Southeast Quarter (SEv..) of Section
Fifteen (15) in Township Eleven (11) North, Range Nine (9)
West of the 6th P.M., in Hall County, Nebraska, more
particularly described as follows: Beginning at a point 33.0 feet
North and 460.0 feet West of the Southeast corner of said
r
APR. 1 5 199'
ORDINANCE NO. 7714 (Contd)
.
Section 15; thence running northerly and parallel to the East
line of said Southeast Quarter (SE~) a distance of 820.0 feet;
thence running westerly a distance of 1,101.5 feet, plus or
minus, to a point on the East line of Cherry Street; thence
running southwesterly along said East line of Cherry Street a
distance of 935.5 feet to a point 33.0 feet North of the South
line of said Southeast Quarter (SE~); thence running 'easterly
and parallel to the South line of said Southeast Quarter (SEl/4)
a distance of 365.3 feet; thence running northerly and pal'aIlel
to the East line of said Southeast Quarter (SEl/4) a distance of
226.0 feet; thence running easterly and parallel to the South
line of said Southeast Quarter (SEl/4) a distance of 210.5 feet;
thence running southerly and parallel to the East line of said
Southeast Quarter (SEl/4) a distance of 226.0 feet to a point
33.0 feet North of the South line of said Southeast Quarter
(SEl/4); thence running Easterly and parallel to the South line
of said Southeast Quarter (SE~) a distance of 80.0 feet, to the
point of beginning; and .
Parcel 2:
Part of the Southeast Quarter of the Southeast Quarter
(SEl/4SEl/4) of Section Fifteen (15), Township Eleven (11)
North, Range Nine (9) West of the 6th P.M., in Hall County,
Nebraska, and more particularly described as follows:
Beginning at a point thirty-three (33.0) feet North and five
hundred forty (540.0) feet West of the Southeast corner of
Section 15; thence running westerly parallel to the South line
of Section 15 a distance of 210.5 feet; thence deflecting right
890 41' and running northerly a distance of 226.0 feet; thence
deflecting right 900 19' and running easterly a distance of 210.5
feet; thence deflecting right 890 41' and running southerly
parallel to the East line of Section 15 a distance of 226.0 feet
to the point of beginning; and
Parcel 3:
A tract of land comprising a part of the Southeast Quarter
(SEl/4) of Section Fifteen (15), Township Eleven (11) North,
Range Nine (9) West of the 6th P.M., in the City of Grand
Island, Hall County, Nebraska, and more particularly described
as follows: Beginning at the Southeast corner of the North
Half of the Southeast Quarter (NlIzSE%); thence running
.
.
.
APR. 1 5 1991
ORDINANCE NO. 7714 (Contd)
southerly along the East line of said Southeast Quarter (SEl/4)
a distance of three hundred forty-nine and six-tenths (349.6)
feet to a point that is nine hundred seventy (970.0) feet North
of the Southeast corner of said Southeast Quarter (SEl/4);
thence running westerly parallel to the South line of the said
Southeast Quarter (SEl/4) a distance of four hundred sixty
(460.0) feet to the actual point of beginning; . thence
commencing at said point, being the point of beginning, and
running southerly, parallel to the East line of said Southeast
Quarter (SEl/4) a distance of one hundred seventeen (117.0)
feet; thence deflecting right 900 15' 55" and running westerly a
distance of one thousand one hundred one and twenty-nine
hundredths (1,101.29) feet to a point on the easterly line of
Cherry Street; thence running northwesterly along and upon
the easterly line of Cherry Street a distance of one hundred
thirty-four and forty hundredths (134.40) feet; thence running
easterly along and upon a line parallel to the South line of said
Southeast Quarter (SEl/4) a distance of one thousand one
hundred sixty-five and four hundredths (1,165.04) feet to the
point of beginning;
be rezoned and reclassified and changed from R2-Low Density Residential Zone to CD-
Commercial Development Zone classification.
SECTION 2. That the official zoning map of the City of Grand Island, Nebraska,
be, and the same is, hereby ordered to be changed, amended, and completed in accordance
with this ordinance.
SECTION 3. That the findings and recommendations of the Regional Plcll1ning
Commission and the City Council of the City of Grand Island are hereby accepted,
adopted, and made a part of this ordinance.
SECTION 4. That Section 36-7 of the Grand Island City Code and all ordinances
and parts of ordinances in conflict herewith are hereby amended to reclassify the
above-described area as herein ordered and determined.
t~:Ri tj 19t~~
.
.
ORDINANCE NO. 7714 (Contd)
SECTION 5. 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 Daily
Independent as provided by law.
Enacted
Apri 1 15. 1991
~~~
ERNEST L. DO ESH, Mayor
A TrEST:
.
.
APR. 5 1991
ORDINANCE NO. 7713
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use district part of Meadowlark West Second
Subdivision in the City of Grand Island, Hall County, Nebraska, from TA-Transitional
Agriculture to CD-Commercial Development 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 of the Grand Island City Code to conform to sllch
reclassification;
WHEREAS, the Regional Planning Commission on April 3, 1991, held a public
hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 79-4,151, 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 April 1, 1991, the City Council found and
determined that the change in zoning be approved and granted.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That 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 eighty-one
hundredths (681.81) 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 ]2 line of said Lot Four (4) a distance of six hundred
,(/%1
r\ F~ r~
APR. \ ~. '/9ln
.
.
ORDINANCE NO. 7713 (Contd)
eighty-one and eighty-one hundredths (681.81) feet to the point
of beginning, and containing 9.000 acres, more or less;
be rezoned and reclassified and changed from T A-Transitional Agriculture Zone to CD-
Commercial Development Zone classification.
SECfION 2. That the official zoning map of the City of Grand Island, Nebraska,
be, and the same is, hereby ordered to be changed, amended, and completed in accordance
with this ordinance.
SECfION 3. That the findings and recommendations of the Regional Planning
Commission and the City Council of the City of Grand Island are hereby accepted,
adopted, and made a part of this ordinance.
SECfION 4. That Section 36-7 of the Grand Island City Code and all ordinances
and parts of ordinances in conflict herewith are hereby amended to reclassify the
above-described area as herein ordered and determined.
SECTION 5. 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 Daily
Independent as provided by law.
Enacted
Apri 1 15, 1991
~
", 'RNEST L.OBESH, Mayor
A TrEST:
.
.
SEP, 2 8 1991
ORDINANCE NO. 7712
AN ORDINANCE REPEALING PRESENT CHAPTER 9 WHICH SETS
REGULATORY STANDARDS FOR CABLE OPERATORS PROVIDING CABLE
TELEVISION SERVICE WITHIN THE CITY; AND IN ITS PLACE SUBSTITUTING
A NEW CHAPTER 9 WHICH DESCRIBES REGULATORY PRACTICES FOR
MULTI-CHANNEL SERVICE PROVIDERS, INCLUDING PROVISIONS FOR
INSURANCE, REPORTS AND RECORDS, CONSUMER PRACTICES, CONSUMER
PROTECTION MEASURES, CONSTRUCTION AND CONSTRUCTION-RELATED
PRACTICES, FRANCHISE FEES AND ALTERNATIVE USER CHARGES,
OPERATIONAL PROCEDURES, AND HEALTH, SAFETY, AND WELFARE
MEASURES; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF GRAND
ISLAND, NEBRASKA.
SECTION 1. Present Chapter 9 of the Municipal Code for Grand Island,
Nebraska, is hereby repealed, and in its place is hereby substituted and enacted, the
provisions which shall be as follows:
* 9.1. Title.
This ordinance may be known and cited as the Multi-Channel Service Providers
Regulatory Ordinance for the City of Grand Island Nebraska.
~ 9.2. Construction.
This ordinance shall be construed in light of applicable Federal and State laws and
regulations governing multi-channel service practices which specifically includes cable
television.
~ 9.3. Scope.
This ordinance shall be effective within the geographical limits of the City, including
any areas subsequently annexed by the City.
~ 9-4. Severability.
If any word phrase, sentence, part, section, subsection, or other portion of this
ordinance, or. any application thereof to any person or circumstance is declared void,
unconstitutional, or invalid for any reason, such word, phrase, sentence, part, section,
subsection, or other portion, or the proscribed application thereof, shall be severable, and
t
SEP, ~:~ ;] 1991
.
the remaining provisions of this ordinance, and all applications thereof, not having been
declared void, unconstitutional, or invalid, shall remain in full force and effect. The
Council/franchising authority declares that no invalid or proscribed provision or application
was an inducement to this ordinance, and that it would have enacted this ordinance
regardless of the invalid or proscribed provision or application.
~ 9-5. Definitions.
(1) "NE switch" or "Input selector switchll means any device that enables
a viewer to select between a multi-channel service and off-the-air television signals.
Such a device may be more sophisticated than a mere two-sided switch, may utilize
other multi-channel system interface equipment, and may be built into television
receivers.
(2) "Access channel" or "non-broadcast channel" means a government,
education, or public channel which is carried on a multi-channel system, but which
is not part of any institutional network.
(3) "Activated channel" means a channel engineered at the headend of the
cable system for the provision of services generally available to residential
subscribers of the cable system, regardless of whether such services actually' are
provided, including any channel designated for governmental, educational, or public
use.
(4) "Abandoned calls" mean telephone calls that are connected to an MCS
provider's general information and service number, but the caller hangs up without
being attended to by a representative of the MCS provider, or by a device capable
of problem resolution (e. g. accepting a service request or a work order, directing
calls to the appropriate personnel, or such similar functions or service).
(5) "Alternative user charge" means a charge used in place of a franchise
fee that the Council requires as payment for the privilege of using the streets,
easements, public ways, or rights-of-way, of the City in order to construct, maintain,
and operate a multi-channel system. An alternative user fee is not based on an MCS
provider's gross annual revenues (as is the case in a franchise fee), but rather is
based on the value of the City property that an MCS provider is using to construct,
maintain, and operate its multi-channel system.
(6) "Annual gross revenues" means any and all compensation which is
derived from the operation of the MCS system, and which is attributable to the
subscribers or customers within the City, or the grant of a franchise granted to a
franchisee to operate a multi-channel system. Further, "annual gross revenues"
means any, and all, compensation, in whatever form (except as exempted by this
definition), exchange or otherwise derived from all multi-channel services, MCS
.
2
.
operations, and MCS-related activities within the City including, but not limited to,
revenues from subscriber rates, pay television, premium channels, service tiers,
service clusters, institutional networks, advertising, installations, rebates or
commissions received from services carried or provided on the system, or
commercial access. Also, unless prohibited or pre-empted by either Federal or State
law, "annual gross revenues" shall mean any, and all, compensation from all ancillary
multi-channel services, MCS operations, and MCS-related activities within the City,
including, but not limited to, sale of MCS or MCS equipment, advertising stuffers
inserted into periodic billing statements or other notices, rental or sale of video
discs, rental or sale of video cassettes, rental or sale of de scrambling converters, or
other devices, rental or sale of remote control devices (including those with volume
control), rental or sale of alb or input switches, rental or sale of channel lock-out
devices or technology, rental or sale of interactive games or software, rental or sale
of digital radio equipment, sale of satellite antenna dishes, sale of satellite
antenna-received programming for a programmer or distributor of services, or from
revenues received as the billing agent, collector, or retailer of satellite
antenna-received service. However, "annual gross revenues" does not mean, any
taxes imposed and/or assessed by law on subscribers (including State sales taxes, but
excluding any state or local franchise fees) which an MCS provider is obligated to
collect and pay in full to the applicable authorities.
(7) "Applicant" means a person submitting an application or proposal to
the City for a license or franchise (where required) to operate a multi-channel
system under the terms and conditions set forth in this ordinance, and any State
regulations.
(8) "Application" or "Proposal" are synonymous for the purposes of this
ordinance. An "application" or "proposal" means the process by which the applicant
submits a request and indicates a desire to be granted a license or franchise (where
required) for all, or a part, of the City. An "application" or "proposal" includes all
written documentation, and verbal statements and representations, in whatever form
or forum, made by an applicant to the Council/franchising authority concerning the
construction, rendering of services, maintenance, or any other matter pertaining to
the proposed multi-channel system.
(9) "Assignment of a franchised MCS provider's franchise" or "Transfer of
a franchised MCS provider's franchise" means any transaction or action which
effectively or actually changes operational or managerial control from one person
or entity to another.
(10) "Auxiliary equipment" means equipment supplied by the MCS provider
(such as a converter, remote control unit, or input selector switch), which enhances
or assists in the reception or provision of multi-channel service.
.
3
S~D
tJ. ::-2 2 1991
.
(11) "Basic cable television service" means any service tier which includes
the retransmission of local television broadcast signals.
(12) "Cable channel" or "Cable television channel" or "Data channel" means
a portion of the electromagnetic or light frequency spectrum which is capable of
delivering a television channel (as "television channel" is defined by the FCC
regulation).
(13) "Cable operator" or "operator" means any person or group of persons
who:
a) provides cable television service over a cable system and
directly or through one (1) or more affiliates owns a significant
interest in such cable system; or
b) otherwise controls or is responsible for, through any
arrangement, the management and operation of such a cable
system.
(14) "Cable service" means:
a) the one-way transmission to subscribers of video programming,
or other programming service; and
b) subscriber interaction, if any, which is required for the selection
of such video programming service.
(15) "Cable system" or "Cable television system" means a facility consisting
of a set of closed transmission paths and associated signal generation, reception, and
control equipment that is designed to provide cable service which includes video,
voice or data programming, and which is provided to multiple subscribers within the
City. However, such terms do not include the following:
a)
b)
a facility that serves only to retransmit the television signals of
one (1) or more broadcast stations; or
a facility that serves only subscribers in one (1) or more
multiple unit dwellings under common ownership, control, or
management unless such facility or facilities uses any public
rights-of-way; or
c)
a facility or a common carrier which is subject, in whole, or in
part, to the provisions of Title II of the Communications Act
of 1934, except that such facility shall be considered a cable
system (other than for purposes of Section 621(c) of the CCPA
.
4
.
.
SEP. ;:'~3 1991
-- codified at 47 USC 541) to the extent such facility is used in
the transmission of video, voice, or data programming or
service directly to subscribers or;
d)
any facilities of any electric utility used solely for operating its
electric utility.
(16) "CCP A" means the Cable Communications Policy Act of 1984, as
amended.
(17) "Charge" means a one-time or non-regularly occurring cost paid by the
subscriber, and which is associated with the installation, maintenance, service, or
repair of the multi-channel service.
(18) "Cherry-picking" or "cream-skimming" means the process whereby an
MCS provider targets only selected areas of the City for service (either through a
new-build, overbuild, or selective upgrade), and then primarily for reasons of higher
than average density, or the relative amuence of the area.
(19) "City" means the City of Grand Island, Nebraska or its lawful
successor.
(20 - 24)
RESERVED.
(25) "Collection charge" means a charge or fee imposed on a customer by
an MCS provider for such provider's efforts at collecting, or attempting to collect,
a past due account.
(26) "Commercially impracticable" means with respect to any requirement
applicable to an MCS provider, that it is commercially impracticable for such an
MCS provider to comply with such requirement as a result of a change in conditions
which is beyond the control of such an MCS provider, and the non-occurrence of
which, was the basic assumption on which the requirement was based.
(27) "Converter" means any electric, electronic, or other device, separate
and apart from the subscriber's receiver that is capable of converting or changing
signals to a frequency not intended to be susceptible to interference within the
television, video, or data receiver of a subscriber, and by an appropriate channel or
other type of selector may also permit a subscriber to view or otherwise use signals
delivered at designated dial locations, or such other reception and use allocations
as may be applicable and required for the practical use of the signal.
(28) "Council" or "Council/franchising authority" means the City Council for
the City of Grand Island, Nebraska or its lawful successor, which is the lawful
5
SfP. ;2 8 1991
.
legislative body for the City.
(29) "Customer" means a subscriber or user of the services and/or facilities
of the multi-channel system provided by an MCS provider.
(30) "DBS" means direct broadcasting satellite.
(31) "DBS provider" or "Direct Broadcast Satellite provider" means any
person who delivers and/or provides multi-channel services from a satellite to a
subscriber's residence through the use of a small earth or satellite station.
(32) "Decoder" or "Descrambler" means a device which enables a subscriber
to convert a scrambled signal into a viewable or otherwise useable signal.
(33) "Disaster emergency" or "Disaster" or "Emergency" means an imminent,
impending, or actual natural or humanly induced situation wherein the health,
safety, or welfare of all, or a representative portion of the residents of the City is
threatened. A "disaster emergency" (by illustration) may include a snowstorm, flood,
tornado, severe thunderstorm, hazardous waste infiltration, petroleum, munitions,
or nuclear explosion, or aircraft crash.
(34) "Drop" means a small branch of cable, or other transmitting medium
which connects the terminals on the back of the subscriber's receiver to the feeder
cable or future technical equivalent on the street, easement, rights-of-way, or public
way.
(35) Easement" means and shall include any public easement or other
compatible use created by dedication, or by other means, to the City for public
utility purposes or any other purpose whatsoever, including cable television, or any
other MCS provider. "Easement" shall include a private easement used for the
provision of cable service or any other multi-channel service.
(36) "FCC" or "Federal Communications Commission" means the Federal
administrative agency, or lawful successor, authorized to oversee cable television and
other multi-channel regulation on a national level.
(37) "Fiber cable" or "Fiber optic cable" means very thin and pliable
cylinders, or strands of glass or plastic, or any future developed technical equivalent,
used to carry wide bands of multiple frequencies.
(38) "Franchise" means the initial authorization, or subsequent renewal
granted by the Council/franchising authority in order for a person to construct,
operate, and maintain a franchised MCS system in all, or part, of the City.
.
6
SE? 2 3 1991
.
(39) "Franchised MCS provider" means a person that is awarded a franchise
by the CounciVfranchising authority to construct and operate a franchised
multi-channel system, within all, or part, of the City. The term "franchised MCS
provider" specifically includes the term "cable operator".
(40) "Franchise expiration" means the date of expiration, or the end of the
term of a franchised MCS provider, as provided under a franchise agreement.
(41) "Franchise fee" means a fee or charge that the City requires as
payment for the privilege of using the streets, rights-of-way, public ways, and
easements of the City in order to construct, maintain, and operate a franchised MCS
system.
(42) "Franchising authority" or "CounciVfranchising authority means the
City Council for the City of Grand Island, Nebraska. This definition specifically
includes the situation wherein the Council in its franchising authority capacity grants
a franchise, or renews a franchise, or approves a franchise transfer by an applicant
for an MCS franchise, or a franchised MCS provider.
(43) "Headend" means the electronic control center, where incoming
signals, including those of television broadcast stations are amplified, modulated,
filtered, converted, or in any way processed or converted for redistribution to
subscribers.
(44) "Hub" means the satellite or remote receIvmg, processing and/or
transmitting facility, enabling the signal to be extended beyond the
physical/electronic capabilities of the multi-channel electronics and/or to serve as a
remote switching facility.
(45) "Late charge" means a charge which is added to a subscriber's account
or bill for non-payment of a previously due and delinquent account.
(46 - 54)
RESERVED.
(55) "Mayor" means the Mayor for the City of Grand Island, Nebraska, or
the Mayor's official designee.
(56) "MCS" means multi-channel service.
(57) "MCS provider" or "Multi-channel service provider" means any person
or group of persons who:
a)
provides multi-channel communications service over a
multi-channel system and directly or indirectly owns a
.
7
SE? 2 3 1091
.
significant interest in such multi-channel system; or
b)
who otherwise controls or is responsible through any
arrangement, the management and operation of such a
multi-channel system.
The term "MCS provider" or l'multi-channel service provider"
specifically includes the terms "cable operator", "DBS operator" or "direct
broadcast satellite provider", llMDS provider" or "multi-point distribution
system providerll, llMMDS provider", and "SMATV operator."
(58) llMDS" means multi-point distribution system.
(59) "MDS provider" or "Multi-point distribution system provider" means
any person or group of persons who is authorized by the FCC to transmit (via Super
High Frequency) specialized multi-channel programming or data or facsimile
transmission to subscriber-selected locations.
(60) "Multi-channel programming service" or "Multi-channel service" means:
a) means the one-way transmission to subscribers of video
programming, or other programming service; and
b) subscriber interaction, if any, which is required for the selection
of such video programming or other programming service.
(61) "Ordinance" means the Multi-Channel Service Providers Regulatory
Ordinance for the City of Grand Island, Nebraska.
(62) "Other programming service" means information that an MCS provider
(specifically including a cable operator) makes available to all subscribers generally.
(63 - 70)
RESERVED.
(71) "Pay-per-view" or "Premium channel" means the delivery over the
multi-channel system of audio and/or video signals in an unintelligible form to
subscribers for a fee or charge (over and above the charge for standard or basic
service) on a per program, or per channel basis where said unintelligible or unusable
form for viewing is made intelligible only to subscribers paying a separate fee or
charge for the viewing or use of the signals.
(72) "Personll means any individual, corporation, business trust, estate, trust,
partnership, association of two (2) or more persons having a joint common interest,
governmental agency, or other legal entity, including the City.
.
8
.
.
<:::co ,..,.... 1'\
""...1 . .::. .:.J bat
(73) "Proposed abandonment of multi-channel service" or "Proposed
withdrawal of multi-channel service" or "Proposed cessation of multi-channel service"
means the anticipated, imminent, or expected (either voluntary or involuntary)
disruption, discontinuance, desertion, or removal of an MCS provider's operation
and provision of multi-channel service from all, or part, of the City for a projected
period exceeding three (3) months in duration.
(74) "Public, educational or governmental access facilities" means:
a) Channel capacity designated exClusively for public, educational
or governmental use; and
b) facilities and equipment for the use of such channel capacity.
(75) "Public way" means any public street, public way, public place, or
rights-of-way, now laid out or dedicated, and all extensions thereof, and additions
thereto, in the area served by the MCS provider.
(76) "Rate" means the monthly, bi-monthly, quarterly, semi-annual, annual,
or other periodic price paid by a subscriber in order to receive standard or basic,
tiered, clustered, premium, or pay-per-view multi-channel service.
(77) "Revocation," "Termination," or "Non-renewal," means an official act
by the City whereby the Council/franchising authority removes, repeals, or rescinds
previously approved authorization for a licensed or franchised MCS provider to
conduct the running of a multi-channel system within the City.
(78-84)
RESERVED.
(85) "Service cluster" means the grouping, aligning, or packaging of one (1)
or more multi-channel programming services by category (such as sports and/or
news), or by rate, or by some other identifiable method, and charging a separate
price or rate for each service cluster.
(86) "Service day" means any day, other than a Sunday or MCS provider
holiday, in which employees of the MCS provider (including customer service
representatives and service technicians) regularly respond to service requests,
inquiries, and complaints.
(87) "Service outage" means the loss of picture or sound on all standard or
basic subscriber channels, or one (1) or more auxiliary programming channels
(including tiers and clusters), and which is not caused by the subscriber's television
receiver or by the subscriber.
9
SfP. 28 1991
.
(88) "Service tier" means a category of multi-channel service or other
programming service provided by an MCS provider, and for which a separate rate
is charged by an MCS provider.
(89) "SMATV' means Satellite Master Antenna Television.
(90) "SMATV operator" or "Satellite Master Antenna Television operator"
means any person or group of persons who:
a) provides multi-channel service 'over an SMATV system; or
b) otherwise controls or is responsible for, through any
arrangement, the management of an SMA TV system.
(91) "SMATV system" means a private multi-channel system not crossing
any public rights-of-way and which is located on private property, and serving private
dwellings. Multi-channel programming services are obtained via an earth station,
amplification, and a distribution system.
(92) "Standard multi-channel service" means the lowest priced or least
comprehensive service cluster or service tier available to residential subscribers.
(93) "State" means the State of Nebraska.
(94) "Street" means the surface of, and the space above and below a public
street, road, highway, freeway, land, path, public way or place, alley, court,
boulevard, parkway, drive, or other easement now or hereafter held by the City
(including any street, as defined, which is acquired by eminent domain) for the
purpose of public travel and shall include other easements or rights-of-way now or
hereafter held by the City (including any easements or rights-of-way acquired by
eminent domain) which shall, with their proper use and meaning, entitle the City
and MCS provider to use thereof for the purpose of installing or transmitting
multi-channel system transmissions over poles, wires, cable, conductors, ducts,
conduits, viaducts, manholes, amplifiers, appliances, attachments, and other property
as may ordinarily be necessary and pertinent to a multi-channel system.
(95) "Subscriber" means a person lawfully receiving multi-channel service
delivered by the MCS provider.
(96) "USC" means United States Code.
(97) "User" means a person or organization utilizing a multi-channel system
and/or its equipment for purposes of production and/or transmission of material, as
contrasted with receipt thereof in a subscriber capacity.
.
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(98) "Video programming" means programming provided by, or generally
considered comparable to programming provided by, a television broadcast station.
~ 9-6. Statement of Intent.
A) The Council recognizes the United States Congress' intent in
approving the CCPA (expressed in Section 601-- codified at 47 USC 521). As such,
the Council reaffirms and adopts those principles and ideals as part of the City's
intent with respect to cable television and expands its intent to cover all MCS
providers.
B)
follows:
As expressed by Congress, and adopted by the Council, its intent is as
1) establish a local policy concerning communications and
technologies;
2) establish franchise procedures and standards which encourage
the growth and development of cable systems which assure that
cable systems are responsive to the needs and interests of the
City;
3) establish guidelines for the exercise of local authority with
respect to the regulation of cable systems;
4) assure that cable communications provide, and are encouraged
to provide, the widest diversity of information and services to
the public;
5) establish an orderly process for franchise renewal which
protects cable operators against unfair denials of renewal
where an operator's past performance and proposal for future
performance meet the standards set by the CCP A, and this
ordinance; and
6) promote competition in cable communications and minimize
unnecessary regulation that would impose an undue economic
burden on cable systems.
C) In addition to principles and ideals listed in subsection (2), the
Council also expresses that its intent covers the following:
1)
to create a set of regulations, standards, and procedures for
MCS providers;
11
SEP. 2 3 1991
.
2) to create a comprehensive customer service and
consumer protection policy for MCS providers;
3) to provide for access and inspection of an MCS
provider's books and records in order to monitor
compliance of local, State, and Federal laws, and any
franchise agreement (if one has been granted);
4) to create a thorough construction and installation policy for an
MCS provider's system;
5) to provide for the health, safety, and welfare of the citizens of
the City in light of the MCS provider's construction, operation,
and maintenance;
6) to provide for emergency override capability, so that citizens of
the City may be warned of a potential, imminent, actual
disaster or emergency situation that exists in the area;
7) to provide for the introduction and installation of an in-home
signal or safety alert technology in order to notify both
subscribers and non-subscribers to an MCS provider's service
of imminent disaster emergencies;
8) to create a thorough procedure for collecting and
monitoring franchise fees and alternative
user charges;
9) to create a viable alternative to franchise fees in case such fees,
or their collection, or method of computation are ruled invalid,
unenforceable, or unconstitutional;
10) to create a thorough default and revocation procedure for
licensed and franchised MCS providers;
11) to provide for continuity of services in the event of City
acquisition, abandonment, withdrawal, cessation of service,
revocation, termination, non-renewal, or expiration of an MCS
provider; and
12) creating a performance review procedure in order to assist the
City in its periodic evaluation of a franchised MCS provider's
performance.
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~ 9-7. Administration; Delegation of Powers and Authority.
A) The Council/franchising authority is hereby designated the officer of
the City which is responsible for the continuing administration of this ordinance.
B) Unless prohibited by federal or State law, the Council/franchising
authority may delegate its powers and authorities with respect to an MCS provider
to a duly authorized representative of the City, including the Mayor, the City
Manager, a City Cable Advisory Committee, or an outside consultant.
C) However, the City/franchising authority may never delegate its
franchising or revocation power to another person.
~ 9-8. Applicability of this Ordinance to an MCS Provider.
Unless exempted entirely from this ordinance, or exempted under one (1) or more
provisions of this ordinance, or granted relief (by the Council/franchising authority) from
one (1) or more provisions and/or requirements of this ordinance, then this ordinance shall
be applicable to an MCS provider, and this ordinance shall have full effect and be
enforceable in its entirety. Moreover, a non-exempt MCS provider shall be expected to
comply with this ordinance no later than six (6) months after this ordinance becomes
effective, except where a different compliance date is given or noted.
~ 9-9. Exemption from this Ordinance for Certain MCS Providers.
A) Recognizing the inherent technological differences between various
types of MCS providers, and taking into account a number of financial, operational,
and maintenance considerations, the Council/franchising authority exempts certain
MCS providers from complying with the provisions contained in this ordinance.
B) MCS providers who are exempted from complying with the provisions
of this ordinance are as follows:
1) an MCS provider who is exempted from this ordinance as a
result of an applicable FCC ruling; or
2) an MCS provider who is exempted from this ordinance as a
result of an applicable judicial ruling.
C) It is expressly understood that an exempted MCS provider remains
exempted only as long as it meets one (1) or more of the specifications of this
particular section.
D)
It also is expressly noted that the extent of the exemption for a
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qualified MCS provider is only for this ordinance. Consequently, such an exempted
MCS provider is expected to abide by, and comply with, any other applicable City,
State, or Federal laws and regulations, including any applicable federal, or State
consumer protection, or customer service laws and regulations.
~ 9-10. Non-Exempt MCS Providers Seeking Relief from this Ordinance.
A) Any MCS provider affected by this ordinance may file a written
petition, at any time, with the Council/franchising authority seeking relief from one
(1) or more provisions of this ordinance. The relief requested may specifically
include the delay in implementation (as to the petitioning MCS provider only) of
one (1) or more provisions of this ordinance.
B) In order to receive any relief from one (1) or more of the provisions
of this ordinance, a non-exempt MCS provider must satisfactorily demonstrate to the
Council/franchising authority that at least one (1) of the following facts exist:
1) the provision and/or requirement is expressly prohibited by
Federal law, the FCC, or State law; or
2) where applicable, that the provision in question materially
affects, and is in conflict with an expressed right that is
specifically noted in an existing franchise agreement (but only
for the term of the existing franchise); or
3) that the imposition of such provisions and/or requirements will
create such an undue economic hardship on an MCS provider
so as to imperil or eliminate an MCS provider's ability to
provide multi-channel service to a majority of current
subscribers; or
4) that the MCS pr9vider has its own construction, maintenance,
operation, or customer service policy, which the
Council/franchising authority deems comparable to, or
exceeding, any provision and/or requirement from which the
MCS provider seeks relief.
C) Unless delegated to another authorized representative of the City, the
Council/franchising authority shall have the responsibility of determining whether
an MCS provider's construction, maintenance, operation, or customer service policy,
is comparable to, or exceeds, a similar provision in this ordinance.
D) As an alternative to seeking an exemption, or requesting relief, an
MCS provider may petition for clarification on the precise intent and effect that one
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(1) or more provisions or sections of this ordinance has on the petitioning MCS
provider.
E) In accordance with this ordinance, the Council/franchising authority
may charge the petitioning MCS provider with the actual costs for processing such
a petition, including any costs incurred by outside consultants who are retained by
the City to review an MCS provider's petition.
F) In those instances where the Council/franchising authority grants an
exemption, or relief, or clarification, to a franchised MCS provider, or deems a
franchised MCS provider's operational policy to be comparable to an ordinance
provision, then the franchise agreement (initial, existing, or renewal) shall be
amended within thirty (30) days to reflect the exact extent of such exemption and/or
relief. It should be specifically noted that the benefit of such exemption, relief,
clarification, or comparable policy extends only to the MCS provider granted such
exemption, relief, clarification, or comparable policy.
~ 9-11. Failure of the Council/Franchising Authority to Enforce this Ordinance.
A non-exempt MCS provider shall not be excused from complying with the any of
the requirements of this ordinance, or any subsequently adopted amendments to this
ordinance, by any failure of the Council/franchising authority on anyone (1) or more
occasions to seek, or insist upon compliance with such requirements or provisions.
~ 9-12. MCS Providers or their Assignees Subject to Present and Future Ordinances.
A) Any non-exempt MCS provider, its assignee, or transferee shall be
subject to, and expected to comply with, all ordinances now or hereafter adopted
and in effect within the City, including this ordinance, to the extent that said MCS
provider has not received an exemption or relief from said ordinance(s).
B) Any non-exempt MCS provider, its assignee, or transferee shall be
subject to, and expected to comply with, all Federal and State Laws, and with all
rules issued by all applicable regulatory agencies now or hereafter in existence.
C) Any non-exempt MCS provider, its assignee, or transferee shall be
subject to all lawful exercise of the City's police power.
D) With respect to future ordinances noted in this Section, nothing
contained herein prevents an MCS provider from exercising any, and all, of its
administrative, and legal rights as to the constitutionality, applicability, and
enforceability of said future ordinances.
~ 9-13. Repeal of Prior Inconsistent Resolutions and Ordinances.
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To the extent that there is any prior resolution or ordinance which in part, or in
whole, is directly inconsistent with this ordinance, then such part, or such whole, of the
prior resolution or ordinance shall be repealed to the extent of the inconsistency.
~ 9-14. Resolution of Inconsistencies with Federal or State Rules, Regulations or Laws.
A) In any case of an actual inconsistency between any provision or section
of this ordinance, and any provision or section of a Federal or State rule, regulation,
or law, then the Federal or State rule, regulation, or law shall not only supersede
the effect of the ordinance, but also control in any local application.
B) The above subsection specifically includes any situation wherein an
applicable Federal or State judicial decision creates an actual inconsistency with any
provision or section of this ordinance. In such a situation, the Federal or State
judicial decision shall not only supersede the effect of the ordinance, but also
control in any local application.
~ 9-15. Resolution of Conflicts Between this Ordinance and an Existing Franchise
Agreement.
A) Where there is a conflict (actual or apparent) between this ordinance
and an existing and applicable franchise agreement, the ordinance shall control, and
prevail, unless administratively, or judicially determined invalid, unenforceable, or
unconstitutional.
B) In the case where a franchised MCS provider receives an exemption,
relief, or clarification from one (1) or more provisions or Sections of this ordinance,
or has one (1) or more of its policies deemed comparable to a provision contained
in this ordinance, then the franchise should specifically note such exemption, relief,
clarification, or comparable policy, and to the extent that such an exemption, relief,
clarification, or comparable policy, is inconsistent with a provision contained in this
ordinance, then the specifically noted exemption, relief, clarification, or comparable
policy language contained in the franchise agreement controls.
Section 9-16. Arbitration.
If the Council/franchising authority and a franchised MCS provider agree to such,
and the federal or State law does not expressly prohibit such, then arbitration or
settlement mediation may be used to resolve any dispute that arises out of this ordinance
or franchise agreement. The terms and conditions relating to the arbitration or settlement
mediation process (including possible cap on costs expended by both parties, composition
of the hearing panel, and liability, if any for costs expended) shall be stated with specificity
in the franchise agreement.
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Section 9-17. Penalties.
Any violation or failure to abide by, and comply with, any provision or requirement
of this ordinance shall be a violation of this ordinance and shall be subject to any civil
remedies provided by State law, including (where permissible) the imposition of monetary
fines, but excluding incarceration.
Section 9-18. The Council/Franchising Authority's Retained Rights and Authorities.
A) Subject to pre-emption by, or other approval authority of, the FCC or
any other Federal or State governmental entity or agency, the Council/franchising
authority retains the authority to provide for:
1) the regulation and control of any multi-channel system within
the geographical limits of City, and within the limits prescribed
by applicable law;
2) the award and grant of an MCS franchise (where required)
subsequent to review of an application or proposal by the
Council/franchising authority;
3) the periodic review and/or amendment or repeal of all, or part,
of this ordinance; and
4) if mutually agreed to with a franchised MCS provider, the
periodic review and/or amendment of any existing franchise
agreement.
B) The Council/franchising authority, to the extent permitted by Section
623 of the CCPA (codified at 47 USC 543), retains the power to approve the rates
or charges associated with the providing of multi-channel service classified as cable
service by an MCS provider classified as a cable operator.
C) Subject to pre-emption by, or other approval authority of, the FCC,
or any other Federal or State governmental entity or agency, the Council/franchising
authority retains the jurisdiction to enforce all laws and regulations relating to
multi-channel customer service practices and consumer protection.
Section 9-19. MCS Provider May Promulgate Rules.
To the extent that they are consistent with the requirements and responsibilities
detailed in this ordinance, an MCS provider is authorized to promulgate such rules and
internal practices as shall be necessary to enable it to exercise its rights and perform its
duties under this ordinance, the state, and the rules of any federal agency charged with the
17
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SEP. :.? S 1991
responsibility of regulating MCS providers.
Section 9-20. Notices.
A) Both the Council/franchising authority and each non-exempt MCS
provider shall provide the other party with the name and address of the contact
person designated to receive notices, filings, reports, records, documents, and other
correspondence. All notices shall be delivered to each party's contact person by
certified mail, return receipt requested, personal service with a signed receipt of
delivery, or overnight with receipt verification. All other filings, reports, records,
documents, and other correspondence may be delivered by any permissible means
including, but not limited to: facsimile transmission ("faxing"); personal service;
overnight mail or package delivery; or delivery via cable. The delivery of all notices,
reports, records, and other correspondence shall be deemed to have occurred at the
time of receipt (unless otherwise designated by State law).
B) If the non-exempt MCS is required to maintain a franchise, then the
designation of such contact person for notice purposes, may be contained within a
franchise agreement.
Sections 9-21 -- 9-25. Reserved.
Section 9-26. Indemnity.
A) To the extent permitted by law, a non-exempt MCS provider shall at
all times defend, indemnify, protect, save and hold harmless, and exempt the City,
the Mayor, the City Administrator, the Council/franchising authority, their officers,
agents, servants, and employees from any, and all, penalty, damage, or charges
arising out of claims, suits, demands, causes of action, or award of damages whether
compensatory or punitive, or expenses arising therefrom, either at law or in equity,
which might be claimed now or in the future, which may arise out of, or be caused
by, the construction, erection, location, products performance, operation,
maintenance, repair, installation, replacement, removal or restoration of the
multi-channel system within the City by a negligent act or omission of an MCS
provider, its agents or employees, contractors, subcontractors, independent
contractors, or implied or authorized representatives. With respect to the penalties,
damages or charges referenced herein, attorneys' fees, consultants' fees, and expert
witness fees are included as those costs which may be recovered by the
Council/franchising authority.
B) The City, Mayor, and the Council/franchising authority specifically
reserve the right to retain counsel of their own choice, at their own expense.
C)
If an MCS provider obtains counsel for the City, the Mayor, or the
18
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CounciVfranchising authority, then anyone of them shall have the right to approve
counsel.
D) Neither the City, the Mayor, nor the Council/franchising authority shall
unreasonably withhold its approval of counsel.
E) With respect to an MCS provider's own defense of such actions, noted
in this Section, it is understood, that such MCS provider reserves the right to select
and retain, without the CounciVfranchising authority's approval, counsel of the MCS
provider's choice, at such provider's expense.
F) Where arbitration is permitted in a franchise agreement, or agreed to
in writing by the MCS provider and Council/franchising authority, the arbitration
provisions shall specify to what extent costs are to be borne by either the
CounciVfranchising authority, and the MCS provider.
Section 9-27. Liability Insurance.
A) An MCS provider shall secure and maintain, for as long as it provides
multi-channel service to subscribers, public liability, property damage insurance, and
umbrella coverage in at least the following amounts:
1) Public liability: $2,000,000.00 per person/per occurrence;
2) Property damage: $2,000,000.00 per anyone (1) claim;
3) Umbrella liability: $4,000,000.00 with up to a $50,000.00
deductible and/or base insurance.
B) An MCS provider's public and personal liability and property damage
insurance policy shall specifically include the City, the Mayor, the
Council/franchising authority, their officials, agents, employees or representatives as
additional insureds.
C) The public and personal liability and property damage insurance policy
shall be issued by an agent or representative of an insurance company licensed to
do business in the State, and which has one (1) of the three highest or best ratings
from the Alfred M. Best Company, and which is acceptable to the City/franchising
authority, or has been rated acceptable by the State.
D) Whenever needed to protect the interests of the citizens of the City,
the Council/franchising authority may require an MCS provider to provide insurance
for greater amounts than already listed.
19
SEP. ;2 2::~ 1QP'1
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E) The public liability and property damage insurance policy shall contain
an endorsement obligating the insurance company to furnish the Council/franchising
authority with at least thirty (30) days written notice in advance of the cancellation
of the insurance.
F) Renewal or replacement policies or certificates shall be delivered to
the Council/franchising authority at least fifteen (15) days before the expiration of
the insurance which such policies are to renew or replace.
G) Before a multi-channel system provides multi-channel service to
subscribers, the MCS provider shall deliver the policies or certificates representing
the insurance to the Council/franchising authority, and each policy or certificate
delivered shall be accompanied by evidence of payment of the premium thereon.
H) If the State permits an MCS provider to self-insure, then the MCS
provider may exercise its right and self-insure as long as the minimal insurance
amounts outlined in this Section are met and maintained.
Section 9-28. Performance and Construction/Completion Bond.
A) An MCS provider shall furnish to the Council/franchising authority,
in an amount totalling at least one hundred thousand dollars ($100,000.00), a
performance bond or security bond executed by a surety licensed to do business in
this State. The purpose of the performance bond is to ensure performance of any
requirements imposed by this ordinance on an MCS provider. Further, the purpose
is to guarantee that should the MCS provider not fulfill any obligations imposed by
this ordinance (or where applicable a franchise agreement), then the surety will
make whole (to the extent of the policy) any monetary losses incurred by the City.
B) An MCS provider shall furnish to the Council/franchising authority,
a construction/completion bond prior to the time it commences a construction,
upgrade, rebuild, or repair/maintenance project that has a capital construction cost
or outlay exceeding fifty thousand dollars ($50,000.00) in value. The amount of the
bond shall equal at least ninety percent (90%) of the projected capital construction
cost or outlay. The construction/completion bond shall remain in force at all times,
unless relief is granted or a reduction schedule is detailed in an agreement between
the Council/franchising authority, and the MCS provider.
C) The construction/completion bond or security bond shall specifically
guarantee that an MCS provider will timely abide by its construction, upgrade,
rebuild, or repair/maintenance schedule for the multi-channel system and/or any
timetable for technical and service improvements or additions to the multi-channel
system as may be committed to, or agreed upon, from time to time by the
Council/franchising authority and MCS provider.
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SEP. 2 ;3 1991
D) H the City draws on a performance or completion bond, or cash
deposit, or letter of credit as a result of an MCS provider's failure to timely
discharge its obligations, or failure to construct and activate the multi-channel
system, or failure to complete a multi-channel system upgrade or rebuild or
repair/maintenance, then the MCS provider shall be required, within thirty (30) days
to replenish the completion and performance bond or security bond to the minimal
level required by the Council/franchising authority.
E) Based upon such reasons as the Council/franchising authority might
feel are necessary to protect the public interest, and welfare, the Council/franchising
authority may raise the minimal amount of the performance bond.
F) The performance bond or security bond, shall be in force at all times
unless relief is granted or a reduction schedule is detailed in an agreement, between
the MCS provider and the Council/franchising authority.
G) In lieu of a performance bond, and construction/completion bond, the
Council/franchising authority may accept a written guarantee of an MCS provider
pledging the full faith and credit of the affected MCS provider should there be a
breach in a material franchise term, or failure to meet any construction schedule.
Section 9-29. The Council/Franchising Authority's Policy With Respect to Reports and
Records.
A) The Council/franchising authority recognizes that advances in
technology, and the adoption and application of multi-channel laws, rules,
regulations, and court decisions may have a profound effect and impact on an MCS
provider in any given year.
B) Consequently, it is incumbent that the Council/franchising authority
take measures to reduce the risk that multi-channel service or the multi-channel
system will be adversely affected in any given year.
C) Therefore, the evaluation of legal, technical, financial, and character
qualifications of an MCS provider is viewed as a constant undertaking on the part
of the City. As a result, the Council/franchising authority requires that the operator
maintain and retain all records and reports necessary for a City/franchising authority
to determine compliance with the obligations imposed on an MCS provider, and to
determine the MCS provider's (legal, technical, financial, and character)
qualifications. The inronnation is primarily intended to assist the MCS provider to
maximize service, rather than to identify incidents of non-compliance.
Section 9-30. Furnishing of Reports.
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A) At any time the FCC or another Federal or State agency requires or
requests the submission of reports, data, or other information by a non-exempt
multi-channel service provider, then such MCS provider shaIl, at the same time,
without a separate or specific request, submit those reports, data, or other
information to the CounciVfranchising authority. However, unless specificaIly
authorized by the State, an MCS provider shaIl not be required to submit State or
Federal tax returns, or any information exempted under federal privacy laws,
including Section 631 of the CCPA (codified at 47 USC 551).
B) With respect to the reports required by this ordinance, it is noted that
a non-exempted MCS provider shaIl timely submit any required report including, but
not limited to the foIlowing:
1) an annual compliance statement in the manner set forth in this
ordinance;
2) a periodic gross revenue report in the manner set forth in this
ordinance;
3) preventative maintenance reports in the manner set forth in
this ordinance;
4) copies, if applicable, of the MCS provider's FCC Form 395-A
(or successor form), or any supplemental forms relating to
equal employment opportunity, and fair contracting practices;
and
5) any other reports or information required by another Section
of this ordinance, or by the Council/franchising authority which
are necessary to protect the health, safety, and welfare of the
citizens of the City.
Section 9-31. Books and Records.
A) An MCS provider shaIl keep complete and accurate books of accounts,
and records of the business and operations under, and in connection with, the MCS
system.
B) The Council/franchising authority shaIl have the right to review (either
by mail or at the MCS provider's local office) all records (pertaining to an MCS
provider's cable and/or multi-channel operations) on seven (7) days written notice,
unless specificaIly exempted by the Council/franchising authority. Such review, unless
mutuaIly agreed upon, or judiciaIly ordered, should occur within the MCS provider's
regular office hours.
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C) The Council/franchising authority shall have the right to hire, at its
own expense, an independent certified public accountant, or other business or
financial expert, to review the books and records of an MCS provider. If after a
financial audit it is determined that the MCS provider has underpaid amounts owed
to the City, then the City may require the MCS provider to reimburse the City for
the actual cost of the audit.
D) A false entry into the books and/or records of an MCS provider, made
by an MCS provider, of a material and substantial fact shall constitute a material
violation of this ordinance.
E) An MCS provider, at the local office shall keep complete and accurate
books and records of the key aspects of the multi-channel system's operation for at
least the preceding three (3) years in such a manner that all matters pertaining to
the City, can be easily produced and/or verified at the City's request. Also, the MCS
provider shall keep, at its local office any other applicable records and information
that may be required by any other Federal or State agency having jurisdiction over
MCS providers.
Sections 9-32 -- 9-36. Reserved.
Section 9-37. Annual Compliance Statement Required.
A) Within one hundred eighty (180) days from the date that this
ordinance becomes effective, the Council/franchising authority shall develop an MCS
provider's compliance statement in an effort to determine whether such MCS
provider is complying with the various provisions and/or requirements of this
ordinance.
B) Prior to December 1, of each calendar year, the City shall furnish to
each MCS provider, a compliance statement.
C) Prior to December 31, of each calendar year, each non-exempt MCS
provider shall return to the Council/franchising authority a completed and executed
(by owner or officer) compliance statement.
D) There shall be no charge or fee associated with returning the annual
compliance statement. However, if the MCS provider supplies incomplete
information which requires independent verification by the City or a consultant
hired by the City, then the MCS provider may be required to reimburse the City for
all costs associated with the independent verification. Moreover, failure to submit
a statement by the deadline, or the provision of false information within a statement,
may subject an affected MCS provider to any, and all, penalties and fines listed in
this ordinance.
23
c; cn ") 0_,
~,\-~'. ~.. ~:' 1 J 0 ,
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Section 9-38. Notification or Customers and MCS Providers' Rights and Responsibilities;
General Policy.
A) The Council/franchising authority recognizes that it is critical that a
customer of an MCS provider fully understands and realizes the rights and
responsibilities of both the customer and MCS provider with respect to the
provision, maintenance, and repair of multi-channel service.
B) Further, the Council/franchising authority believes that if sufficient
information is provided to a customer on certain customer service practices such as
rates, billing periods, number and types of services provided, and rules concerning
equipment use and return, then that customer will have the information necessary
to make an informed decision on what, if any, multi-channel services to subscribe
to, and receive.
C) In order to provide customers with the variety of information needed
to make an informed decision, and to ensure that customers are notified of their,
and the MCS provider's rights and responsibilities with respect to the multi-channel
system, an MCS provider must provide a customer with a written "Notice of a
Customer's and MCS Provider's Rights and Responsibilities With Respect to the
Provision of Multi-Channel Service."
D) The "Notice of a Customer's and MCS Provider's Rights and
Responsibilities With Respect to the Provision of Multi-Channel Service" shall be
provided at the time of initial installation. Thereafter, a subscriber shall be provided
with a written "Notice" at least once every twelve (12) months. If, however, an MCS
provider amends, repeals, adds, deletes, modifies, or makes other changes to any
customer service practice that is required in this ordinance, then said MCS provider
shall provide a subscriber with such written notification at least thirty (30) days prior
to the effective date of such amendment, repeal, addition, deletion, modification, or
other change.
Section 9-39. Notice of Customer's and MCS Provider's Rights and Responsibilities With
Respect to the Provision of Multi-Channel Service; Minimum Contents.
A) At the time an MCS provider is required to furnish an initial or annual
"Notice", such "Notice" shall contain, at a minimum, the following:
1)
an up-to-date listing of the specific multi-channel services
provided--c1early indicating and isolating the standard and/or
basic, premium, and informational services offered, as well as
the service tiers or service clusters offered;
2)
notification of a subscriber's ability to purchase or lease, from
.
24
.
7)
8)
9)
10)
11)
12)
13)
.
SEP. 2 8 1991
the MCS provider, a lock box, parental control mechanism, or
other device which will prohibit the viewing of a particular
multi- channel service during a period selected by the
subscriber;
3)
pursuant to FCC regulations, a subscriber's ability of
purchasing or using an NB or input selector switch;
4)
a comprehensive listing and explanation of all rates and
charges (including rates for standard or basic and premium
channels/services, particular service tiers or service clusters,
current discount or promotional fees, installation charges, and
security deposits, if any);
5)
if service clustering is available, then a description and
explanation of any penalties, credits, restrictions, upcoming
(within sixty (60) days of the "Notice") service clustering
changes or differing alignments, or other pertinent information;
6)
a comprehensive listing and explanation of all billing options
available;
the customer service office hours and telephone number(s) in
a manner consistent with the specific policy set forth in this
ordinance;
the billing practices of an MCS provider in a manner consistent
with the specific policy set forth in this ordinance;
the specific customer complaint/inquiry resolution policy that
is adopted and followed by an MCS provider and which is
consistent with the parameters set forth in this ordinance;
if applicable, and permitted, the rules and regulations for using
any facilities, including a studio or mobile van of an MCS
provider;
the method of securing a voluntary disconnection in a manner
consistent with the specific policy set forth in this ordinance;
the extent of the credit/refund policy in a manner consistent
with the specific policy set forth in this ordinance;
the equipment use and return policy together with any required
25
SEP. 2 ;31991
.
security deposits in a manner consistent with the specific policy
set forth in this ordinance; and
14)
the additional rights of blind, hearing-impaired or ambulatory
impaired customers in a manner consistent with the specific
policy set forth in this ordinance.
B) The "Notice" shall be written in plain, simple to understand English.
The "Notice" shall contain no fine print, and any exclusions, limitations, or caveats
shall be clearly indicated as such in the "Notice".
C) The "Notice" shall be delivered to a subscriber via an insert in the
subscriber's periodic invoice or through a special mailing.
Section 9-40. Billing Practices.
A) Within the "Notice" that is required by this ordinance, subscribers shall
be informed of at least the following practices of an MCS provider:
1) billing procedures (including payments necessary to avoid
discontinuance of service);
2) payment due and delinquent dates;
3) amount or percentage of late charges, if any;
4) advance billing options;
5) resolution procedures for billing disputes, complaints, and
inquiries;
6) refund policy for service interruptions, substandard signal
quality, or uncontracted service;
7) current service rates in a detailed and understandable format;
8) procedure and amount of charges for installation or relocation
of an MCS provider's facilities and/or equipment;
9) current schedule and explanation for any billed charges or
other non-regularly occurring fees invoiced to subscribers; and
10) any lower-income or fixed-income rates together with any
qualifications to obtain such rates.
. 26
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:?
B) All bills shall plainly state that service may be paid for on an individual
monthly basis, by the end of the month for which the service was delivered, with no
late penalty or charge assessed.
C) Existing subscribers shall be informed of the items listed in subsection
(1) at least once every 12 months.
D) Whenever there is a change in an MCS provider's billing practices or
payment requirements, all subscribers must be notified in writing at least thirty (30)
days before such billing practices or payment requirements become effective.
E) In any case where a subscriber requests a cancellation or reduction of
service within thirty (30) days after the notification of a scheduled rate or charge
adjustment, then the subscriber's liability for the newly implemented rate or charge
shall cease from the moment that the rate or charge adjustment becomes effective.
Section 9-41. Billing Credit or Refunds for Service Outages, Interruptions; Substandard
Signal or Picture Quality or Unsolicited Service.
A) An MCS provider shall provide a subscriber with credit or a rebate for
a service outage or interruption exceeding eight (8) hours in duration, which credit,
for purposes of determining the amount of the credit or rebate, shall be deemed to
be equivalent to or the same as a twenty-four (24) hour service outage.
B) Where not expressly prohibited by the State, the Council/franchising
authority may prescribe rules for giving credit to a subscriber in cases of substandard
signal or picture quality.
C) In the case of a charge for unsolicited service, an MCS provider shall
provide a subscriber with an adjustment or billing credit on the next available billing
statement. Moreover, in such a case, an MCS provider shall not consider a
subscriber delinquent for failure to pay a charge for unsolicited service.
Section 9-42. Prohibition Against Multiple Changes of Service Tiers or Service Clusters
Within a 365 Day Period.
A) To prevent "bait and switch" tactics, and to promote stability with
respect to multi-channel services provided on a multi-channel system, an MCS
provider may not switch any particular multi-channel service from one (1) service
tier or service cluster more than twice during any three hundred sixty (365) day
period.
B) Nothing contained in this Section should be construed as mandating
any particular programming service being provided to a subscriber. Nor should this
27
SEP. 2 3 1991
.
Section be construed as requiring any particular programming setvice be provided
on a particular tier or cluster. Rather, this Section is designed to promote tier or
cluster stability, so that a subscriber may choose a tier or cluster that best suits the
subscriber's individual programming and informational needs.
Section 9-43. Customer Service Hours; Capabilities of Customer Service Office; and
Telephones.
A) In order to facilitate the needs of the local customers, an MCS
provider shall maintain a customer setvice office which is both within the City, and
easily accessible to customers.
B) The customer service office shall be open at least forty (40) hours per
week (exclusive of holidays).
C) Within the forty (40) hours per week that a customer setvice office
must be open, an MCS provider must provide office hours either on at least two (2)
evenings (after 5 p.m.), or on Saturdays and/or Sundays (if not prohibited by State
law).
D) The customer setvice office should have an adequate and
knowledgeable staff in order to handle the vast majority of customer setvice
inquiries, specifically including, but not limited to: billing inquiries, refunds, setvice
outages, equipment setvice and repair, payment of bills and other charges, and
inquiries from disabled or physically-impaired customers.
E) MCS providers shall for a reasonable charge, provide customers with
a monthly, bi-monthly, or weekly multi-channel programming setvice guide, listing
and/or detailing the programs and setvices available during the time period. In lieu
of providing a programming service guide via the mail, or a newspaper, or third
party, the MCS provider may disseminate the information over a channel designated
as a program preview or program listing channel.
F) At least annually, any MCS provider shall certify to the
Council/franchising authority that each customer setvice representative (CSR) has
taken and passed an MCS provider-implemented course designed to train CSRs to
handle their jobs in a courteous, efficient, and responsive manner.
G) An MCS provider shall maintain at least one (1) toll-free and/or local
telephone number to accommodate normal business inquiries.
H) An MCS provider shall maintain a separate twenty-four (24) hour
toll-free telephone number to facilitate calls concerning repair of equipment and
extended interruption of setvice. During any hours that the customer setvice office
.
28
SEP. 23 199j
.
is open, the MCS provider must have or make available in-house personnel to
address a customer's inquiries. During other hours, a telephone may be manned by
an automatic answering device, provided that the use of an answering device or
answering service still results in an initial phone caIl by the MCS provider within
ninety (90) minutes, in order to at least determine the extent of the outage. The
MCS provider shall not be required to make in-person telephone contacts to
subscribers at a rate which exceeds sixty (60) caIls per hour, and shaIl not be
required to make such caIls between the hours of 10:00 p.m. and 6:00 a.m. for
situations other than reports of service outages.
I) A non-exempt MCS provider shaIl have adequate staff and/or
extension lines (except during special marketing promotion periods, peak biIIing
cycles, and service outages) in order to handle caIl to the general information
number to the following specifications:
1) Eighty-five percent (85%) of all customer calls received in a
year shall be attended within three minutes by a representative
of the MCS provider, or by a device that is capable of
complaint or inquiry resolution; and
2) The rate of abandoned calls shall no be greater than fifteen
percent (15%) over any consecutive six (6) month period of
time. "Abandoned calls" shaIl in no event be deemed to include
calls in which the caIler hangs up within forty-five (45)
seconds of making the caIl.
J) With respect to the specifications listed in subsection (I) of this
Section, it shall be the MCS provider's responsibility to quarterly certify to the
Council/franchising authority that the affected MCS provider is meeting the minimal
specifications.
Section 9-44. Special Service Requirements for Blind, Hearing-Impaired, or
Ambulatory- Impaired Customers.
In addition to any other requirements mandated by this ordinance, or by Federal or
State law, an MCS provider shaIl comply with the following special service requirements
for blind, hearing-impaired, or ambulatory-impaired customers:
provide wheelchair accessibility to an MCS provider's customer service office;
1)
2)
for any customer declared legaIly blind by the State, an MCS provider must
provide, if requested by such customer, large type, braiIIe, voice
synthesized or functionally equivalent notices, biIIs, and other pertinent
multi-channel system information;
.
29
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SEP. 2 3 1991
3)
provide at a non-discriminatory cost, a special closed-captioned converter for
the hearing impaired;
4)
provide at a non-discriminatory cost, a remote control device and/or
converter for wheelchair subscribers or subscribers with a permanent
medical or physical ambulatory impairment;
5)
where applicable, provide modified or special instructions for use of
equipment by individuals who have physical impairments; and
6)
in times of a disaster emergency or other instances requiring an emergency
alert, mandating an all channel video blanking capability, so that all channels
would be blanked simultaneously with the audio alert signal, in order to
increase the likelihood that hearing and sight-impaired customers would be
alerted.
Section 9-45. Preferential or Discriminatory Practices Prohibited.
A) An MCS provider shall not, as to rules, regulations, rates, charges,
provision of service, or use of a provider's facilities and equipment, make, allow, or
grant any undue preference or advantage to any person, nor subject any person to
prejudice or disadvantage on the basis of age, race, creed, color, sex, national origin,
handicap, religious affiliation or location of residence.
B) Consistent with Section 621 (a) (3) of the CCPA (codified at 47 USC
541 (a) (3)), MCS providers classified as cable operators shall not deny cable service,
or the extension of cable service, to any group of potential residential cable
subscribers because of the income of the residents of the local area in which such
group resides.
C) Consistent with subsections (A) and (B) of this Section, an MCS
provider shall not provide multi-channel service in a "cherry-picking" or
"cream-skimming" manner or fashion, to the exclusion of other residents based on
the excluded residents' income.
D) Subsection (A) of this Section, however, does not prohibit an MCS
provider from offering a promotional or incentive discount rate or charge as long
as the rate or charge does not exceed three hundred seventy (370) days in length.
This subsection does not prohibit an MCS provider from offering special incentive
rates such as one (1) month basic service free, if twelve (12) months of basic service
are paid in one payment or within a certain time-frame. .
E) Subsection (A) of this Section, also does not prohibit an MCS provider
from denying service based on location of residence, if that residence is outside the
30
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:...l'~f". f:~ (:) h91
parameters for line extension as detailed in a franchise agreement (if applicable).
F) Subsection (A) of this Section also does not prohibit an MCS provider
from implementing a carefully designed no-frills service tier or service cluster for
"lower income", and/or fixed income individuals.
G) Subsection (1) of this Section also does not prohibit an MCS provider
from making agreements or entering into multi-channel service agreements with
multiple dwelling unit owners (including hotel, motel, and mobile park owners) to
provide multi-channel service under a bulk billing or other type of arrangement.
Section 9-46. Use of Equipment, Return of Equipment, Security Deposits, and their
Return.
A) Prior to formally delivering any equipment, including auxiliary
equipment (such as a converter, input selector switch, or video control recorder) to
a customer, an MCS provider shall have tested a representative sample (at least one
percent (1%)) of such equipment to make sure that it is in proper working order.
B) If needed for proper operation, or requested by a customer, an MCS
provider shall deliver to a customer, handwritten or typed instructions detailing the
proper use of rented, loaned, or purchased equipment. Unless required by another
Section of this ordinance, an MCS provider may comply with this Section by
delivering the manufacturer's instructions to a customer.
C) An MCS provider is not required to seek a security deposit from a
customer for use or rental of the MCS provider's equipment.
D) An MCS provider shall comply with any, and all, applicable State rules
concerning security deposits.
E) If the State is silent on the security deposit for a particular piece of
equipment, then the MCS provider shall be prohibited from charging any security
deposit for equipment which exceeds the replacement cost to the MCS provider.
F) As a matter of consumer protection, an MCS provider shall be
prohibited from charging any security deposit for multi-channel service which
exceeds twice the basic monthly rate.
G) An MCS provider shall return a security deposit (together with any
interest earned) after the equipment is satisfactorily returned, or the subscriber
maintains a satisfactory payment history (which is determined as no payment
delinquencies within the preceding twelve (12) month period).
31
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H) A customer shall maintain any equipment rented or leased from an
MCS provider in good working order, and operate such equipment only in the
manner specified by the MCS provider or manufacturer of the equipment.
I) A customer shall totally and fully reimburse an MCS provider for any
damage or loss to an MCS provider's equipment that is due to the customer's failure
to properly maintain and operate such equipment.
J) A customer shall be relieved from any responsibility for reimbursing
an MCS provider for equipment which malfunctions or does not operate due to a
hidden or latent defect in the equipment, or for equipment which fails to operate,
or improperly operates due to natural occurrences conditioned by the normal wear
and tear of such equipment, or for equipment damaged or destroyed by an act of
nature, and which is not covered by a customer's home or apartment insurance
policy.
Section 9-47. Service Inquiry Logs.
A) An MCS provider shall be required to keep and maintain service
inquiry logs, subject to any limitations imposed by State or Pederallaw, including
(for MCS providers classified as cable operators) any subscriber privacy limitations
imposed by the CCP A.
B) The purpose of the service inquiry logs is to assist the City in assessing
the type, degree, and rate of resolution of customer service requests, inquiries, and
complaints.
C) At a minimum, the service inquiry logs should contain the following:
1)
the time and date of initial receipt of any service request,
inquiry, or complaint, together with the time and date of initial
response to that service request, inquiry or complaint;
2)
3)
the nature of the service request, inquiry, or complaint;
the precise action taken by an MCS provider in order to
resolve the service inquiry, request, or complaint;
4)
whether the service request, inquiry, or complaint was resolved
by allowing a credit or refund of some sort; and
5)
the area, location, or quadrant of the City where the service
request, inquiry, or request was generated.
32
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Sf,."v r'-'>- ,--
'., ~'.. ..' -'J' < (. n, . ~
"- I,.~ I:J ",) J
D) In addition to any other right of inspection that the CounciVfranchising
authority may possess, it shall have the right to review and inspect a compilation of
such logs. However, the CounciVfranchising authority shall not have the right of
access, review, or inspection for any service inquiry logs or any information
contained within service inquiry logs that are otherwise protected from access,
review, or inspection by State or Federal law.
E) This Section does not require MCS providers to maintain service
inquiry logs on scheduled installations.
Sections 9-48 -- 9-50. Reserved.
Section 9-51. Restoration of a Subscriber's Property.
A) At any time an MCS provider (in furtherance of its right to construct,
operate, and maintain a multi-channel system), disturbs the yard, residence, or other
real or personal property of a subscriber, such MCS provider shall ensure that the
subscriber's yard, residence, or other personal property is returned, replaced, and/or
restored to a condition that is sufficiently comparable to the condition that existed
prior to the commencement of the work.
B) The costs associated with both the disturbance and the return,
replacement, and/or restoration shall be borne by the MCS provider. This subsection
also requires the MCS provider to reimburse a subscriber or private property owner,
for any damage caused by the MCS provider, its subcontractor, or its independent
contractor, in connection with the disturbance of a subscriber or private property
owner's property.
C) The types of acts specifically included in this Section are the following:
1)
removal of a subscriber's sod, lawn, plants, shrubbery, flowers,
trees, driveway, or fence to install, trench, repair, replace,
remove, or locate cable or other equipment of an MCS
provider;
2)
installation or removal of cable or other equipment of an MCS
provider within a subscriber's residence which requires drilling,
excavating, plastering, or the like on the part of the MCS
provider;
3)
temporarily relocating or moving a piece of personal property
or a fixture of a subscriber (such as a motor vehicle, fence, air
conditioning or heating unit, or the like), in order to perform
some sort of construction, maintenance, or repair on the
33
SEP. 2 3 1991
.
multi-channel system; or
4) permanently removing an MCS provider's cable or equipment
due to either the revocation, termination, or non-renewal of a
franchise (if applicable), or the abandonment, withdrawal, or
cessation, of multi-channel service to any portion of the City.
D) The requirements imposed upon the MCS provider extend to any
subcontractor or independent contractor that the MCS provider might employ to
perform the tasks outlined in this Section.
E) In light of the foregoing, an MCS provider has the authority and
responsibility to diligently trim trees of a private property owner (including a
subscriber), but only to the extent necessary to prevent the branches of the trees
from coming in contact with the MCS provider's wires and cables.
Section 9-52. Service Inquiries, Requests, Complaints, and
Response Times, and New Installations or Reconnections of Service.
A) Except in times of a natural or man-made emergency, or an
appointment scheduled with the mutual consent of a subscriber, an MCS provider
shall respond to the service inquiries, requests, and complaints of subscribers, within
such MCS provider's normal business or service hours, and within the time schedules
detailed in subsections (B) through (I) of this Section. Moreover, except in
emergency situations, an MCS provider shall inform the customer whether the
service call is scheduled for the morning, afternoon, or evening hours. If the service
call has to be canceled or rearranged, then the MCS provider shall make every
effort to notify the customer as soon as possible, and if desired by the subscriber
shall reschedule the service call for a time within twenty-four (24) hours of the
cancellation.
B) In the case of a signal or service interruption, a non-exempt MCS
provider shall respond to, and make repairs as are necessary to resume the signal
or service to the subscriber within twenty-four hours (24) from the time the
non-exempt MCS provider first received notification of the signal or service
interruption.
C) In the case of a "blank" or "no-picture" situation of any given level of
billing or service, a non-exempt MCS provider shall respond to, and make repairs
as are necessary to return the multi-channel service system picture within twelve
hours (12) from the time the non-exempt MCS provider first received notification
of the "blank" or "no-picture" situation.
D)
In the case of a defective, improperly operating, or non-operating
.
34
~t-f> ,.... ,..
....1;;", d:. ~ 1991
.
piece of equipment, a non-exempt MCS provider shall respond to, and make repairs
as are necessary to correct the problem within twenty-four (24) hours from the time
the MCS provider first received notification of the defective, improperly operating,
or non-operating piece of equipment.
E) In the case of repair to a piece of equipment in a subscriber's
residence, or repair to the cable (coaxial, fiber or functional equivalent), the repair
should be completed, and the situation resolved, at the conclusion of the first service
visit. If the repair is not completed and resolved within three (3) visits, and if as a
result of the insufficient repair, a situation remains wherein there is a visually or
audibly detected degradation of a multi-channel signal by human eye or ear, then
the MCS provider must immediately, and completely replace all drop cable (coaxial,
fiber or its functional equivalent), and/or any necessary MCS provider equipment at
no charge.
F) In no case shall a subscriber's service request or inquiry go
unresponded or unattended to for more than twelve (12) hours from the time the
MCS provider first received notification of the service inquiry or request. Moreover,
except in emergency situations, all requests and inquiries shall be handled or
corrected within thirty-six (36) hours from the time the MCS provider first received
notification. If a cancellation of a service call occurs, then the MCS provider shall
re-schedule the call in a manner consistent with the guidelines expressed in
subsection (A) of this Section.
G) A complaint/inquiry regarding loss of all channels comprising a service
level, cluster, or tier will be responded to, and corrected, within six hours (6) from
the time the MCS provider first received notification of the loss of all channels
comprising a service level, or service tier, or service cluster.
H) In case of a dispute concerning the precise time that the MCS provider
received notification, or the precise circumstances surrounding the MCS provider
receiving the notification, or whether notification was received at all, the
Council/franchising authority shall reserve the right and authority to settle such a
dispute.
I) New installations, upgrades, or reconnections of multi-channel service
by an MCS provider shall be performed and completed within seven (7) days of a
customer requesting such a new installation, upgrade, or reconnection.
Section 9-53. MCS Providers Required to Maintain Sufficient Repair Parts and Sufficient
Repair Personnel.
A) Except in times of natural or man-made emergency, an MCS provider
shall, at all times, have access to, and be able to secure, sufficient maintenance and
.
35
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SEP. 2 3 199'1
repair parts and equipment for the MCS system, so that the MCS provider can
respond to, and correct, all subscriber service interruptions within the time periods
specified in this ordinance.
B) Having access to, and being able to secure sufficient maintenance and
repair parts and equipment, is necessary to promptly restore a subscriber's
multi-channel service, and avoid delays caused by having to obtain needed parts and
equipment.
C) Except in times of natural or man-made emergency, or strike (whose
duration has been less than seventy-two (72) hours), an MCS provider shall have
sufficient maintenance and repair personnel, so that the MCS provider can respond
to, and correct, subscriber service interruptions within the time periods specified in
this ordinance.
D) An MCS provider shall annually certify to the Council/franchising
authority that each service technician has taken and passed an MCS
provider-implemented course designed to train service technicians to handle their
jobs in a courteous, efficient, and responsive manner. Also, the course should be
designed to provide continuing education to service technicians in changes in
technology, repair/maintenance procedures and related matters.
E) Notwithstanding the other requirements and provisions in this Section,
an MCS provider shall maintain at least one (1) service technician on call
twenty-four (24) hours per day.
Section 9-54. Disconnection for Non-Payment.
A) A subscriber shall not be considered delinquent in payment until at
least forty-five (45) days after the posting of the bill to the subscriber, and payment
has not been received by an MCS provider.
B) Before disconnection of a subscriber's multi-channel service (either
physically or electronically) takes place, the following must occur:
1)
the subscriber must in fact be delinquent in payment of
multi-channel service; and
2)
at least five (5) days have elapsed after a separate written
notice of impending disconnection has been personally served
upon the subscriber; or
3)
at least eight (8) days have elapsed after mailing a separate
36
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~~.o ~ r~
'.":" ,,-' 'Ie 1"1
,,"- '-J ~J d ,j
written notice of impending disconnection to the subscriber; or
4) at least five (5) days have elapsed after the subscriber has
either signed for or, refused to accept, a separate written notice
of impending disconnection.
C) The written notice of disconnection must expressly and clearly state
the amount that is owed by the subscriber to an MCS provider, the minimum
amount required to be paid to avoid disconnection, and the date and place where
such payment must be made.
D) An MCS provider who physically retrieves its equipment including
converter, remote control unit, or digital audio tuner), from a subscriber, must do
so within both a normal service day and normal service hours of an MCS provider.
E) Receipt of a "bad check" from a subscriber, in response to a written
notice of disconnection, does not constitute payment, and the affected MCS provider
need not give the subscriber further notice prior to disconnecting multi-channel
service.
F) An MCS provider may add a reasonable collection charge to the
subscriber's bill if the applicable provisions of this ordinance, and any applicable
State regulations, are followed.
G) Any refund due a subscriber after such a disconnection shall be made
within sixty (60) days of the disconnection for non-payment.
Section 9-55. Voluntary Disconnections and Downgrades.
A) At any time, a subscriber may request that a particular service tier,
service cluster, pay channel, premium channel, informational service, or the entire
multi-channel service be disconnected.
B) Where provided by an MCS provider, a subscriber may request a
downgrade from a particular level of service to a less comprehensive level of service,
or a less expensive level of service.
C) From the date that such a subscriber makes such a request for either
a disconnection or downgrade, then the MCS provider shall have seventy-two (72)
hours or three (3) service days, whichever is longer, to disconnect or downgrade the
service tier, pay channel, premium channel, informational service, or entire
multi-channel service. In the event that an MCS provider does not disconnect or
downgrade service within seventy-two (72) hours, a subscriber's obligation to pay for
such service shall cease, or in the case of a downgrade, a subscriber's obligation to
37
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pay for the more comprehensive and/or higher priced service shall cease.
D) For a service tier, service cluster, premium channel or informational
service which is voluntarily disconnected, a subscriber shall pay a pro rata share of
the monthly rate for such service tier, service cluster, premium channel or
informational service.
E) No separate disconnect or downgrade charge may be passed on to a
subscriber if it chooses to take advantage of a lower-priced service tier/cluster or an
optional service tier/cluster. However, to prevent subscriber abuse of this voluntary
disconnection, or downgrade policy, a subscriber shall be charged a minimum one
(1) months full rate for anyone service tier/cluster which is disconnected and/or
downgraded at least three (3) times within a span of one hundred eighty (180) days.
F) If, however, an MCS provider's equipment is, or has been damaged by
a subscriber, prior to such disconnection, then the MCS provider may charge the
subscriber with the entire cost for such damage, provided that the MCS provider
notifies the subscriber within ten (10) days of the disconnection. A subscriber shall
not be required to pay for equipment failure, if the circumstances fall within the
normal wear and tear guidelines established in this ordinance.
G) Any refund due a subscriber after disconnection (both for
non-payment and voluntary) shall be made within sixty (60) days after such
disconnection.
H) In no event will this Section be viewed as abridging or otherwise
limiting the rights and remedies afforded by the subscriber complaint/inquiry
resolution process outlined in this ordinance.
Sections 9-56 -- 9-61. Reserved.
Section 9-62. Protection of Subscriber Privacy.
A) An MCS provider shall abide by any, and all, subscriber privacy rules
or regulations of the Federal, or State governments.
B) For MCS providers classified as cable operators, such operators shall
also abide by, and comply with, any subscriber privacy protection requirements and
procedures listed in Section 631 of the CCPA (codified at 47 USC 551).
Section 9-63. Resolution of Complaints/Inquiries.
A) An MCS provider is required to develop a comprehensive
complaint/inquiry resolution policy that is consistent with the rules and regulations
38
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outlined in this ordinance.
B) An MCS provider's complaint/inquiry resolution policy shall be
reduced to writing, and such policy shall be available upon request, to any person.
In any event, a subscriber shall receive notice of such policy in the manner that is
prescnoed by this ordinance.
C) The Council/franchising authority shall establish a neutral, third-party
appeal process, to handle complaints/inquiries that are not satisfactorily resolved at
the MCS provider level.
D) An MCS provider's complaint/inquiry resolution policy shall contain
at least the following minimal standards:
1) the initial response to a complaint/inquiry shall occur no later
than twenty-four (24) hours after receipt of the
complaint/inquiry;
2) every attempt will be made to resolve the complaint/inquiry
within twenty-four (24) hours after receipt of the
complaint/inquiry;
3) complaints/inquiries that fall into the category of service
inquiries shall abide by the procedure set forth in this
ordinance;
4) . informing subscribers of the credit/refund policy which is
consistent with this ordinance, and any applicable State
regulations; and
5) informing subscribers of the billing disputes policy which is
consistent with this ordinance, and any applicable State
regulations.
Section 9-64. Policy With Respect to Continuity of Multi-Channel Service Provisions.
A) The Council/franchising authority declares that as part of its right to
establish multi-channel customer service guidelines, it has the duty to ensure
continuity of multi-channel service for all subscribers. In that light, the
Council/franchising authority also determines that it may take appropriate measures
in order to ensure that no portion of the City is threatened or faced with a
disruption, interruption, or discontinuance of multi-channel service due to the
actions of any MCS provider.
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B) In addition to the principles and ideals enumerated in subsection (A),
the Council/franchising authority also expresses that its policy covers the following:
1)
to provide for continuity of multi-channel service in the event
of acquisition by the City; .
2)
to provide for continuity of service in the event of a proposed
abandonment, withdrawal, or cessation of multi-channel service
by an MCS provider;
3)
to provide for continuity of service in the event of revocation,
termination, or non-renewal of a franchised MCS provider's
franchise;
4)
to provide for continuity of service in the event that a
transaction occurs that affects the ownership or control of the
MCS provider, such as an assignment, sale, transfer, or merger;
5)
to provide for continuity of service in the event of an expiration
of a franchise;
6)
to prevent disruption of multi-channel service which would
provide a hardship on those subscribers who rely on a
multi-channel system as their primary or secondary source for
information; and
7)
to prevent the interruption or cessation of multi-channel
service which would disrupt or eliminate the diversity of
programming choices enjoyed by subscribers of a multi-channel
system, and thereby restricting their ability to receive
information.
C) In any situation (including those mentioned above) which threatens the
City and subscribers with the loss or interruption in the continuity of multi-channel
service, then the MCS provider shall provide the Council/franchising authority with
at least forty-five (45) days notice (except in extreme circumstances) prior to the
effective date of any action which would cause a loss or interruption in the
continuity of multi-channel service. The purpose of the notice is to apprise the
Council/franchising authority of the possibility of such loss or interruption in the
continuity of multi-channel service, so that it might explore its options and take
appropriate measures.
D) Whenever any situation occurs (including those mentioned above)
which threatens the City and subscribers with the loss or interruption in the
.
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continuity of multi-channel service, then the Council/franchising authority may direct
the MCS provider for a period of up to twenty-four (24) months to do everything
in its power to ensure that all subscribers receive continuous, uninterrupted
multi-channel service of the same quality, mix, and level(s) regardless of the
circumstances.
E) During the interim period, the Council/franchising authority shall work
with the MCS provider in order to secure a new multi-channel system owner, or
rectify the problem, so that the threat of loss of continuity is removed at the earliest
possible instance.
F) During any interim period in which the MCS provider continues to
provide multi-channel service to subscribers, the MCS provider is entitled to all
revenues collected, except any sums owed (including franchise fees, alternative user
charges, and taxes) to the City or to other persons.
G) In the event that the threat of loss of continuity is not resolved within
twenty-four (24) months, then the Council/franchising authority may extend the
interim period on a month-to-month basis until the situation is satisfactorily
resolved. Also, in such a circumstance, the Council/franchising authority may adopt
any emergency rules or procedures which will ensure that the subscribers will receive
continuous, uninterrupted multi-channel service of the same quality, mix, and
level(s).
Section 9-65. Continued Use of Individual Antennas Protected.
A) The Council/franchising authority does not intend to prohibit the
erection or continued use of individual television antennas within the City so long
as the individual television antennas conform to any and all applicable zoning and/or
land use regulations. Consequently, no person shall be required to receive
multi-channel service, or to physically connect to a multi-channel system.
B) It is also noted that no person shall be penalized or fined (through
either a home sales contract, deed of restrictive covenants, or other type of
agreement) for failing or refusing to receive multi-channel service, or physically
connecting to a multi-channel system.
Section 9-66. Periodic Multi-Channel Subscriber Surveys.
A) At least every three (3) years after the adoption of this ordinance, the
City and any affected MCS provider shall conduct a survey of current subscribers of
that particular MCS provider in order to ascertain the degree of customer
satisfaction/dissatisfaction with the subscriber sensitive aspects of the multi-channel
41
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v I
system including (but not limited to) billing practices, response times, programming
choices available and receivable, responsiveness to inquiries, and use, availability,
and accessibility of any customer service office.
B) If the survey results indicate or demonstrate that the customer service
practices set forth in this ordinance are not sufficient to meet reasonable or
identified projected City needs, then the Council/franchising authority may take
whatever measures are appropriate in order to rectify the deficiency or insufficiency
in a particular customer service practice by one or more MCS providers.
Sections 9-67 -- 9-70. Reserved.
Section 9-71. Construction Schedule and Construction-Related Requirements.
A) In order to establish mInlll1um uniform standards, the
Council/franchising authority requires any MCS provider to adopt the following
minimal construction schedule and construction-related requirements:
1) construct, install, maintain, and repair the multi-channel system
in accordance with the requirements noted in this ordinance;
2) use streets and public ways, as set forth in this ordinance;
3) where applicable, remove franchise property from public
streets, as set forth in this ordinance;
4) adopt the construction standards, as set forth in this ordinance;
5) adopt the system expansion standards, as set forth in this
ordinance;
6) adopt the construction schedule as referred to In this
ordinance;
7) abide by, and act in strict accordance with, all current technical
codes adopted by the City, or the State, or the United States,
as noted in this ordinance; and
8) maintain all permits and licenses, as noted in this ordinance.
Section 9-72. Construction of Good Quality.
During any phase of construction, installation, maintenance, and repair of the
multi-channel system, the MCS provider shall use materials of good and durable quality and
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all such work shall be performed in a safe, thorough, and reliable manner.
Section 9-73. Conditions on Use of Streets and Public Ways.
A) All wires, conduits, cable (coaxial, fiber, or functional equivalent), and
other property and facilities of an MCS provider shall be so located, constructed
installed, and maintained so as not to endanger or unnecessarily interfere with usual
and customary use, traffic and travel upon the streets, rights-of-way, easements, and
public ways of the City.
B) In the event an MCS provider's system creates a hazardous or unsafe
condition or an unreasonable interference with property, then at its own expense
such MCS provider shall voluntarily, or upon the request of the Council/franchising
authority, remove that part of the system that creates the hazardous condition from
the subject property.
C) An MCS provider shall not place equipment where it will interfere
with the rights of property owners or with gas, electric or telephone fixtures, or with
water hydrants or mains, or with wastewater lift stations, or any other service or
facility that benefits the City's or its residents' health, safety, or welfare.
D) An MCS provider, at either its own expense or that of a private
contractor, shall protect, rights-of-way, easements, and support or temporarily
disconnect or relocate in the same street or other public way, any property of such
MCS provider when necessitated by reason of:
1)
2)
3)
4)
5)
6)
7)
traffic conditions;
public safety;
a street closing;
street construction or resurfacing;
change or establishment of street grade;
installation of sewers, drains, water pipes, storm drains, lift
stations, force mains, power or signal lines; or
any improvement, construction or repair related to the City's
or its residents health safety, or welfare.
E) It shall be the responsibility of an MCS provider (acting alone or in
conjunction with another person) to locate and mark or otherwise visibly indicate
and alert others to the location of its underground cable (coaxial, fiber or functional
.
43
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equivalent) before employees, agents, or independent contractors of such MCS
provider, install cable in the marked-off area. .
F) An MCS provider shall, on the request of any person holding a
bui~ding moving permit, temporarily remove, raise or lower the cable wires to allow
the moving of the building. The expense of temporary removal shall be paid by the
person requesting it, and such MCS provider may require payment in advance. The
affected MCS provider shall be given not less than fifteen (15) days notice of a
contemplated move to arrange for temporary wire changes.
G) For any new installations occurring after the effective date of this
ordinance, and at the time that an MCS provider rebuilds or upgrades the
multi-channel system, all trunk or feeder cable (coaxial, fiber, or functional
equivalent) shall be placed underground. Further, where both power and utilities are
presently underground, multi-channel system cable shall be placed underground also.
Section 9-74. Franchised MCS Provider's Duty to Remove Franchised Properties from the
Public Streets.
A) This Section is applicable to any MCS provider required to maintain
a franchise to operate within the City.
B) Whenever the following occurs:
1) a franchised MCS provider ceases to operate all, or part, of the
multi-channel system for a continuous period of six (6) months;
2) a franchised MCS provider ceases and fails to construct the
multi-channel system outlined in the application, or proposal
for renewal, or renewal franchise agreement;
3) the Council/franchising authority elects not to renew the
franchise pursuant to the provisions set forth, in this ordinance;
or
4) the franchised MCS provider's franchise is revoked pursuant to
the provisions set forth in this ordinance;
Then--Unless the City or another MCS provider uses such multi-channel
system, under the continuity provisions outlined in this ordinance, the
affected franchised MCS provider shall promptly remove its multi-channel
system property from the streets, public ways, and private property located
within the City.
44
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.
C) If not removed voluntarily by a franchised MCS provider, then the
CounciVfranchising authority may notify such franchised MCS provider that if
removal of the property is not accommodated within two hundred seventy (270)
days, or substantial progress towards removal is not made within two hundred ten
(210) days, then the Council/franchising authority may direct officials or
representatives of the City to remove such franchised MCS provider's system
property at that franchised. MCS provider's expense. The performance and/or
construction bond, irrevocable letter of credit, cash deposit, or full faith and credit
guarantee required as set forth in this ordinance shall be available to pay for such
work.
D) If officials or representatives of the City remove a franchised MCS
provider's system property, and such franchised MCS provider does not claim the
property within ninety (90) days of its removal, then the CounciVfranchising
authority may take whatever steps are available under State law to declare the
property surplus, and sell it, with the proceeds of such sale (if permitted by State
law) going to the City.
E) When such franchised MCS provider removes its multi-channel system
property from the streets, public ways, and private property located within the City,
the franchised MCS provider shall, at its own expense, and in a manner approved
by the Council/franchising authority, replace and restore such public or private
property in as good a condition as before the work causing the disturbance was
done.
Section 9-75. Construction Standards.
A) Methods of construction, installation, maintenance repair of any
multi-channel system shall comply with the most current editions of the National
Electrical Safety Code, and the National Electric Code, as affects the construction,
installation, and maintenance of electrical supply and communication lines and
attachments and supports. To the extent that these are inconsistent with other
provisions of a franchise, or State, or local law, then the more stringent shall govern
in order to protect the public health, safety, and welfare.
B) All installations shall treat the aesthetics of the property as a priority,
shall not substantially affect the appearance of the structure, and shall not be
installed on the bias across property or the face or side of a home or building
without the owner's permission.
C) No home/building within 150 feet of the system shall be served by a
drop with any pole span being longer than 150 feet without the owner's permission.
D)
All underground drops shall follow property lines and cross property
.
45
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only at right angles, unless otherwise permitted by the owner.
Section 9-76. System Construction Schedule For Franchised MCS Providers.
A) This Section is applicable to any MCS provider required to maintain
a franchise to operate with the City.
B) A franchised MCS provider's construction schedule for the
multi-channel system shall be detailed in the franchise agreement in a form and
format determined by the Council/franchising authority.
C) A franchised MCS provider who does not abide by the system
construction schedule shall be handled in the manner allowed under either this
ordinance, or where applicable, a franchise agreement.
Section 9-77. System Expansion for MCS Providers.
A) The Council/franchising authority recognizes that one of its primary
purposes in the franchising process is to ensure that the widest diversity of
programming sources be available to the greatest number of City residents. The
Council/franchising authority is also cognizant that an MCS provider may have some
constitutionally protected rights with respect to when and what areas of the City are
provided service.
B) In order to balance those interests, the Council/franchising authority
sets the minimum guidelines for any system expansion on the part of a franchised
MCS provider.
C) A franchised MCS provider shall submit, within six (6) months of the
effective date of this ordinance, a detailed plan for multi-channel system expansion
to any area not presently served within the City. Provided, however, no such plan
shall be accepted by the Council/franchising authority as to any area less than the
entire City limits if a non-exempt MCS provider has already submitted such a plan
as part of a franchise. Such plan should not be construed as a requirement for
universal service, but rather as a means for achieving the Council/franchising
authority's goals, mentio~ed in Subsection (A). However, at a minimum, a
franchised MCS provider shall extend multi-channel service to any area within the
City that has a density of ten (10) homes or building passings per mile, or fractional
equivalent thereof, as measured from the extremity of the system nearest the
unserved area. Also, in such a case, a newly installed subscriber shall not be assessed
or apportioned the cost for installation, except for the usual and normal connection
fees paid by subscribers, so long as the system expansion is technically feasible.
D)
The detailed plan must include criteria for:
.
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SEP. 28 1091
1)
2)
extending the provision of service to isolated subscribers;
extending the provision of service to new or existing
developments with overhead cable construction; and
3) new or existing developments with underground cable
construction.
E) The detailed plan must be reviewed and approved by the
Council/franchising authority.
F) For purposes of this Section, "isolated subscribers'" means any
potential customer of a franchised MCS provider who dwells in a house more than
one-half (112) mile from the nearest franchised MCS provider connection.
Section 9-78. Permits and Licenses.
An MCS provider shall obtain, at its own expense, all permits and licenses required
by law, rule, regulation, or ordinance, and maintain the same, in full force and effect, for
as long as required.
Sections 9-79 -- 9-85. Reserved.
Section 9-86. Council/Franchising Authority's Policy With Respect to Safety Requirements.
A) The Council/franchising authority requires that the MCS provider's
construction, operation, and maintenance of the multi-channel system meet certain
threshold safety levels which are designed to protect the public and lessen the
likelihood of interruption of multi-channel service.
B) Consequently, the Council/franchising authority requires any
non-exempt MCS provider to adopt the following safety requirements:
1)
emergency alert override activation in the manner set forth in
this ordinance;
2)
3)
minimum standby power as noted in this ordinance;
the provision of an indoor signal or safety alert technology in
the manner noted in this ordinance;
4)
implementing a periodic preventative maintenance program as
set forth in this ordinance;
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5)
follow all FCC rules and regulations concerning maximum
cumulative leakage index (CLI) limits; and
6) comply with, and abide by, any construction, safety or fire
codes as noted in this ordinance.
Section 9-87. Provisions to Alert Subscribers in the Event of an Emergency; Standby
Power.
A) In order that subscribers may be alerted in the event of an impending,
imminent or actual, natural or man-made emergency, then all MCS providers shall
ensure that the multi-channel system providing multi-channel service to all, or part,
of the City is designed so as to permit an authorized official of the City to override
the audio portion of all channels, by touch-tone phone (or functional equivalent)
from any location.
B) In addition to any other requirements listed in this Section, an MCS
provider shall:
1) designate a channel which will be used for emergency
broadcasts of both audio and video;
2) inform subscribers of the designated emergency channel at
least daily on at least one (1) channel of the multi-channel
system;
3) maintain all channel video blanking capability to facilitate the
needs of hearing and sight-impaired customers;
4) test the emergency override system not less than once a month;
5) cooperate with the City on the use and operation of the
emergency alert override system; and
6) develop a plan (with the City's concurrence) in order to
provide continuity of multi-channel service, and response to
service calls in the event of a natural or man-made emergency.
C) As one method of providing continuity of multi-channel services in the
event of a natural or man-made emergency, an MCS provider shall, unless exempted
by the Council/franchising authority, have the capacity for four (4) hour
automatically activated standby power on all trunk and feeder cable, and all
headends, hubs, and receive sites associated with the distribution of cable service to,
and throughout the City.
48
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sect 9-88. Provisions Concerning' Safety Alert Tecbno!ogy.
A) The Council/franchising authority considers the need for an indoor
signal or safety alert technology, available to both subscribers and non-subscribers
of an MCS provider's lowest level of programming service, of paramount interest
and need, and as such should be an integral part of an MCS provider's system.
Though in some ways similar to the concept of emergency alert override, signal alert
technology is different and distinct in that it may be used by both subscribers to
basic service and non-subscribers to the basic service of an MCS provider's system.
Moreover, such safety alert technology is connected to the National Weather Service
twenty-four (24) hour radio service including its new WRSAMEt'Site Select"
weather and warning system, which specifically allows for an indoor warning and
notification via an audio alert voice path, regardless of whether an individual has a
television receiver or monitor, or an FM receiver, and, moreover, can provide
effectively instantaneous alert and warning, as well as needed instructions, in
additional to allowing key community-oriented entities to communicate with both
the general populace and selected (i.e. target) segments of the community.
B) In realization and recognition of the preceding, a non-exempt MCS
provider shall offer for use throughout the City (within twelve (12) months of the
effective date of this ordinance) a signal or safety alert monitoring technology for
purposes of alerting both subscribers and non-subscribers of a multi-channel system
to impending or occurring disaster emergencies, and allowing the City to
communicate with both subscribers and the public as the need to do so may exist at
any time.
C) A non-exempt MCS provider shall cooperate with the City and the
provider of said technology in the marketing and distribution of the necessary
on-premises alert receiving devices, including the installation, and replacement of
such, as may be needed from time to time.
D) A non-exempt MCS provider shall install the necessary electronics,
processing, and distribution equipment in the MCS provider's headend, and will
ensure the maintenance, operating condition, and replacement of such equipment,
as is necessary to protect its continued use.
E) Notwithstanding the preceding, a non-exempt MCS provider has no
responsibility for repair of such equipment beyond obtaining (in a timely manner)
replacement from the manufacturer for inoperable components.
F) It is explicitly understood that one need not be a subscriber to a
multi-channel system to use the safety alert device, and receive the safety alert
service, so long as a drop is installed into the address to which said device is
.
49
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e
attached. It is also understood that the user need not have a television receiver.
G) The Council/franchising authority recognizes the positive effect on the
safety of the public in general, and the ability to save lives, and property, of those
who would otherwise be prevented from receiving the most expeditious warning or
alert possible without such a device and technology. Consequently, the
Council/franchising authority requires that all non-exempt MCS providers shall
participate in a periodic public awareness campaign as deemed appropriate by the
Council/franchising authority, in cooperation with the Council/franchising authority
'and the manufacturer, to inform the citizenry and non-cable subscribers of the
availability and capability of such safety alert technology.
H) An MCS provider shall assure that all subscribers to multi-channel
service receive printed material, fully describing the technology and its benefits, at
least annually and at the time of installation.
I) An MCS provider shall allow non-subscribers of Basic Cable Service
the choice of purchasing or leasing the necessary equipment, which shall include the
cost of installation on a non-discriminatory basis, and so inform such persons of both
options.
J) Given the significant public safety and life and property saving benefits
of this technology, and the resultant need of as much of the general public as
possible to be protected from the otherwise unnecessary greater risk to life, limb and
property associated with other alert/warning systems, an MCS provider shall assure
that the service is placed on the same level of service and is priced commensurate
with that for like technology/service in the Mid-Western United States.
K) Given the importance and critical nature of preventing the loss of life and
property, and the need and ability of the Council/franchising authority to
communicate directly with the public in any number of situations, including but not
limited to those potentially involving matters of life and death, and as this
technology is clearly not a programming service, the Council/franchising authority
deems it appropriate to designate the use of the capability of such technology as a
governmental use of the system, and it is the intent of the City that it be made
available to all subscribers.
Section 9-89. Implementation of a Preventative Maintenance Program.
A) It shall be the duty of an MCS provider (that has more than three
hundred fifty subscribers) to devise and implement a quarterly preventative
maintenance program for the multi-channel system in order to ensure that there is
no material degradation of the multi-channel system that would affect the citizens'
health, safety, and welfare, or negatively affect the quality of multi-channel services
'.
50
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being provided.
B) Before the MCS provider implements such a program, it shall be
reviewed and approved by the Council/franchising authority. Within forty-five (45)
days after the completion of the quarterly preventative maintenance program, the
MCS provider shall prepare and submit a written report to the Council/franchising
authority detailing the results of the tests conducted, and all items performed or
addressed during the quarterly program. Although not exhaustive, the following
areas should be included in a preventative maintenance progr~m, and subsequent
report:
1) inspection, and repair if needed, of the headend;
2) inspection, and repair if needed, of the antenna tower;
3) requiring weather-proofing and protection of the antenna lead
connectors, and on any other exposed fittings;
4) requiring the conducting of signal leakage tests that are in
accord with FCC requirements;
5) removing tree roots, limbs, and branches that interfere with, or
come in contact with, the MCS provider's cable;
6) requiring the periodic servicing, testing, and calibration of the
MCS provider's equipment including equipment on service
vehicles, and field test equipment;
7) employing a status monitoring system to identify problems or
situations in which the multi-channel system electronics are
operating outside pre-programmed parameters; and
8) testing of the emergency alert system to ensure that it will
function properly during an emergency situation.
9) testing of the safety alert system or technology.
Section 9-90. Construction, Fire, and Safety Codes.
A) An MCS provider shall construct, operate, maintain, repair, remove,
replace, or restore the multi-channel system in strict compliance with all current
technical codes adopted by the Council/franchising authority, the State, or the
United States.
51
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B) The codes referred to specifically include, but are not limited to,
construction, fire and safety, and zoning codes.
Sections 9-91 -- 9-95. Reserved.
Section 9-96. Alternative User Charge.
A) This Section is applicable to any unfranchised, but otherwise
authorized MCS provider, and to any MCS provider who has had its franchise ruled
unconstitutional, unenforceable, or invalid. For all. franchised MCS providers the
provisions concerning franchise fees shall be applicable.
B) Where not specifically prohibited by Federal or State law, and as an
alternative to the imposition of a franchise fee as set forth in this ordinance, the
Council/franchising authority may impose, extract, and collect, a charge from an
affected MCS provider for the use by such provider of the streets, rights-of-way,
easements, and public ways of the City.
C) The alternative user charge shall be based on the following
mathematical mode:
1)
determine the present value of all public streets, rights-of-way,
easements, and public ways of the City in which are located
multi-channel system facilities and equipment of the affected
MCS provider;
2)
take the average percentage increase in land appraisals within
the City (as determined by the Property Appraiser for the City,
for the five preceding years);
3)
take the average percentage increase for the five preceding
years and use it to determine the dollar amount of property
value increase for the remaining term of the franchise (if no
franchise applicable, then use five years);
4)
add the present value to the dollar amount of property value
increase for the remaining term of the franchise (if no
franchise applicable then use five years);
5)
divide the adjusted value by the remaining number of years on
the term of the franchise (if no franchise applicable then use
five years);
6)
multiply that figure by five percent (5%) to arrive at the annual
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user charge that is to be collected from the affected MCS
provider.
For purposes of illustration only, the formula reads as follows:
present value = the dollar amount of the property value increase for
remaining term of the franchise (based on average percentage increase of
land appraisals for past years of franchise term;
divide the adjusted present value by the remaining years on the term of the
franchise;
multiply that figure by five percent (5%), = (equals) the annual
alternative user charge.
D) The Council/franchising authority adopts such an alternative user
charge in order to receive fair compensation for the affected MCS provider's use of
the public streets and public ways if such compensation cannot be obtained by
imposing a flat percentage fee on such MCS provider's annual gross revenues.
However, an affected MCS provider may agree to an alternative charge that is based
on a flat percentage of gross revenues, as long as that charge did not exceed the
maximum amount previously allowed under law that was assessed as a franchise fee
calculated as a percentage of an affected MCS provider's annual gross revenues.
E) It is expressly understood that a franchise fee and an alternative user
charge will not be imposed on the same MCS provider at the same time, for the
same period.
F) An affected MCS provider shall at no time be charged or obligated to
pay an alternative user charge that exceeds the maximum amount previously allowed
under law that was assessed as a franchise fee calculated as a percentage of such
MCS provider's gross revenues (as defined by this ordinance) for any particular
reporting period. In the event that the alternative user charge does exceed the
maximum amount previously allowed under law that was assessed as a franchise fee
and calculated as a percentage of gross revenues, then such alternative user charge
should be reduced to reflect an amount not greater than the maximum amount
previously allowed under law that was assessed as a franchise fee and calculated as
a percentage of gross revenues.
G) An affected MCS provider shall pay twenty-five percent (25%) of the
alternative user charge at the end of every three (3) months.
Section 9-97. Franchise Required; Exception.
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e
A) Except as provided in subsections (B) and (C), and (D) of this Section,
no person, or MCS provider shall be permitted to construct, operate or maintain a
multi-channel system which requires the laying or positioning of cable (coaxial, fiber
or functional equivalent) across the rights-of-way of the City, without having first
obtained a franchise, and then entering into a franchise agreement with the City.
B) Pursuant to the CCP A, a local government may own and operate a
multi-channel system classified as a cable system. Consequently, should the
Council/franchising authority directly, or indirectly, through any legal means
available to the Council/franchising authority, decide to purchase, acquire, construct,
lease, control, or otherwise own a cable system within the territorial limits of the
City, then the Council/franchising authority shall not be required to submit a
proposal for, or receive, a franchise in order to construct, operate, and maintain a
cable system within the geographical limits of the City.
C) In the case of a person or MCS provider lawfully providing
multi-channel service on July 1, 1984, then such person or MCS provider shall not
be required to obtain a franchise, and enter into a franchise agreement unless the
Council/franchising authority expressly requires the person or MCS provider to do
so.
D) If, as a result of annexation (either previous to, or subsequent to, the
effect date of this ordinance), an MCS provider comes under the jurisdiction of the
City, then such MCS provider shall be subject to the provisions of this ordinance,
including (if applicable) obtaining a franchise. Any such franchise shall extend only
to the territory comprising the annexed area. The provisions of Section 9-10 and
9-15 of this ordinance do not apply to this subsection.
E) Where a person or MCS provider is required by the
Council/franchising authority to obtain a franchise, then the Council/franchising
authority shall notify the person or MCS provider, in writing, within thirty (30) days
of the Council/franchising authority's formal action.
F) After receipt of notification, the affected person or MCS provider has
ninety (90) days to submit an application or proposal in substantially the same form
and fonnat as required by the Council/franchising authority. Then, the affected
person or MCS provider's application will be handled as set forth by either State or
local law.
Section 9-98. Authority to Grant Non-Exclusive Franchises.
A) Consistent with Section 621(a)(1) of the CCPA (codified at 47 USC
541), the Council/franchising authority may award one (1) or more non-exclusive
multi-channel service franchises within its geographical limits. With the exception
e.
54
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'.
of existing non-exempt MCS providers in an area annexed by the City and subject
to Section 9-77 of this ordinance, the Council/franchising authority shall not award
a franchise for a service area comprising less than the entire City limits. Note well,
however, that existing non-exempt MCS providers as of the effective date of this
ordinance may, but are not required to, serve any subsequently annexed area of the
City in a manner consistent with line extension policies outlined in this ordinance,
and which are specifically noted in the MCS provider's franchise agreement.
Further, any MCS provider not exempt on the effective date of this ordinance, may
not commence service to subscribers until it has completed construction of its cable
system to fifty percent (50%) of the service area. The provisions of Section 9-10 and
9-15 of this ordinance do not apply to this subsection.
B) A franchised MCS provider shall be selected as part of a public
proceeding and hearing which affords due process to both the City, and the
applicant, and after which, if the applicant is selected as a franchised MCS provider,
then such applicant will enter into a franchise agreement with the City, pursuant to
the provisions of Federal, State and local laws and regulations.
Section 9-99. Franchise Agreement; Minimal Requirements.
A) If the Council/franchising authority awards an applicant a franchise
to construct, operate, or maintain a multi-channel system within the City, or
approves a proposal for a renewal of a franchise, then within one hundred eighty
(180) days, an applicant or a renewal franchised MCS provider and the City shall
enter into a franchise agreement which details the rights, duties, responsibilities, and
liabilities of both parties.
B) A newly franchised MCS provider may not lay any cable (coaxial, fiber,
or functional equivalent) until the franchise agreement is executed by both the newly
franchised MCS provider and the Council/franchising authority.
C) A franchise agreement shall be in sufficient detail in order to clearly
delineate the rights and duties of the franchised MCS provider, and the
Council/franchising authority.
D) At a minimum, a franchise agreement shall contain provisions for the
following: 1) a detailed definition of "annual gross revenues" or "gross revenues"
which specifically includes an explanation of what constitutes the revenue base for
determining what revenues are subject to any franchise fee or alternative user
charge; 2) the term or duration of the franchise; 3) indemnity and holds harmless
clauses; 4) insurance; 5) performance and completion bonds or security deposits; 6)
construction, upgrade or rebuild schedule; 7) franchise fees; 8) continuity of
multi-channel programming service; 9) repeal of prior inconsistent franchise
agreements; and 10) a severability clause.
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Section 9.100. Extent of Grant of Franchise.
A) Upon an award of a franchise, and the subsequent execution of the
franchise agreement, an MCS provider required to obtain and maintain a franchise
may construct, erect, install, maintain, operate, repair, replace, remove, or restore
a multi-channel system within the geographical limits set forth in the franchise
agreement.
B) The franchised multi-channel system may be located in, upon, along,
across, over, and under the streets, rights-of-way, easements, and public ways of the
City.
C) If necessary, the responsibility of obtaining easements for private
property (including privately owned utility or street light poles) shall be that of a
franchised MCS provider.
D) A franchised MCS provider, through a separate pole or utility
easement agreement with an affected utility, may locate the multi-channel system
on, or within, the property of such utility company. This provision specifically
includes MCS providers classified as cable operators.
Section 9-101. Tenn of Franchise.
A) The term of an initial renewal franchise may be for a period not to
exceed fifteen (15) years from the date that a franchise renewal agreement is
approved by the Council/franchising authority.
B) If an initial franchise or renewal franchise is for a period of six (6)
years or less, then the franchise agreement shall detail the reasons for granting the
shorter franchise term.
C) The reasons for a franchise term of six (6) years or less, include, and
are limited to, the following:
1)
multiple or repeated violations of the prior franchise
agreement;
2)
multiple or repeated violations of this ordinance, or any
mandated provisions of the CCP A;
3)
a continuing and documented pattern of substandard or
non-responsive service;
4)
reckless disregard for the safety and welfare of the citizens of
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the City;
5)
failure to comply with any construction, rebuild, or upgrade
schedule; and
6)
failure to timely pay in their entirety any franchise fees, or
taxes, or other charges due to the City.
D) The Council/franchising authority reseIVes tije right to grant a
franchised MCS provider a variable franchise term wherein the initial or renewal
term may be extended by up to two (2) years (not to exceed fifteen (15) years total)
upon the franchised MCS provider attaining an "excellent" rating during the course
of a periodic performance evaluation.
E) The Council/franchising authority reseIVes the right to grant a
franchised MCS provider a variable franchise term (wherein the initial or renewal
term may be extended by up to two (2) years (not to exceed fifteen (15) years total)
should the franchised MCS provider consistently and continually meet the
Council/franchising authority's objectives with respect to the provision of broad
categories of video programming as noted in this ordinance.
F) The Council/franchising authority reseIVes the right to reduce the term
of the franchise by one (1) year for each material, repeated occurrence of an
uncured/unremedied violation of the franchise or this ordinance, pursuant to the
procedures set forth in Section 9-105 of this ordinance, or when the MCS provider
fails to attain a minimum rating of "adequate" (on a scale of "excellent", "adequate"
and "poor") for any two (2) successive periodic performance reviews, as set forth in
Section 9-106 of this ordinance.
G) Should the highest court of the nation, or State, invalidate, void as
unenforceable or unconstitutional, the concept of a franchise or franchise duration,
then the Council/franchising authority may adopt emergency rules and regulations
in order to preseIVe and protect the rights and duties of both the Council/franchising
authority and any franchised MCS provider. During the interim, the invalid franchise
may be considered (unless prohibited by the State) and interpreted in the same
manner and fashion as a business license or other comparable authorization. Upon
the adoption of emergency rules, the Council/franchising authority should enter into
a new agreement which describes which terms and conditions of the franchised MCS
provider's system may be reviewed and examined, and under what circumstances
may a franchised MCS provider forfeit its right to operate a multi-channel system
within the City.
Section 9-102. Application for Franchise; Application Fee.
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SEP. 28 1991
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A) The Council/franchising authority may develop rules and regulations
with respect to the submission and processing of applications for a franchise. Such
rules and regulations shall primarily be aimed at determining the legal, financial,
technical, and character qualifications of the applicant.
B) Unless prohibited, an applicant shall pay an application fee which shall
be equal to the administrative and consulting costs associated with processing an
application for a franchise. The total application fee must be paid, unless waived,
regardless of whether the applicant receives, or does not rec~ive a franchise. The
total application fee must be paid (or waived) prior to the Council/franchising
authority's formal action on the applicant's request for a franchise.
Section 9-103. Franchise Fees.
A) Any non-exempt franchised MCS provider (specifically including any
MCS provider classified as a cable operator) awarded a franchise or renewal
franchise after the date this ordinance becomes effective, shall pay to the City for
the privilege and use of the streets, rights-of-way, easements, and public ways, and
other facilities of the City in the operation of the multi-channel system, and for the
City's supervision thereof during the term of the franchise, a sum equal to five
percent to (5%) of the annual gross revenues of such non-exempt franchised MCS
provider. Such fee shall explicitly be separate from, and in addition to, any fees or
charges for the use or occupancy of any municipally-owned poles, conduits or other
facilities owned by a municipally-owned utility.
B) If the FCC, Congress or other governmental entity with authority over
multi-channel service ever allows a governmental entity or Council/franchising
authority to increase the franchise fee beyond five percent (5%), then the
Council/franchising authority shall have the authority to increase the franchise fee
to the maximum rate allowable.
C) It is intended that the franchise fees will promote the health, safety,
and welfare of the citizens of the City. Therefore, the five percent (5%) franchise
fee shall be deposited into the general revenues of the City, unless specifically
authorized elsewhere.
D) A non-exemp't franchised MCS provider shall file with the
Council/franchising authority, within forty-five (45) days after the expiration of each
of the franchised MCS provider's fiscal quarters, a detailed financial and revenue
report clearly showing the gross revenues received by such franchised MCS provider
during the preceding quarter and certified by a certified public accountant or officer
of a franchised MCS provider attesting to the accuracy, completeness, and veracity
of the revenue figures. Such report shall be in the form and format determined by
the Council/franchising authority. Such report shall include revenue from whatever
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SEP.231991
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source, directly or indirectly derived from, or allowed, or caused to be derived from,
or applicable to the operation of the multi-channel system, or the provision of any
multi-channel service by or to the multi-cbannel system. Revenue will be reported
by service category, type, and level showing computations and using incremental
billing rates for all sources, levels, tiers, and types of service and other revenue
sources of all kinds and types.
E) Payment of the quarterly portion of tbe franchise fee shall be rendered
to the City at the time the revenue report is filed.
F) In the event that payment is not made within forty-five (45) days after
the date specified in this Section, then such franchised MCS provider may be
declared in default of the franchise, and the franchise may be revoked, terminated,
or canceled in the manner prescribed by this ordinance.
G) The Council/franchising authority reserves the right to audit a
franchised MCS provider books, if the Council/franchising authority deems it
necessary. If such audit discovers an underpayment of franchise fees that exceeds
two percent (2%) of the total fee paid for any reporting quarter, then the affected
franchised MCS provider shall reimburse the City for the cost of such an audit. It
is specifically understood that the right of audit and recomputation of any, and all,
amounts paid under a franchise fee, shall always be accorded to the
Council/franchising authority.
H) All annual reports due and pertaining to the payment of franchise fees,
will be certified by an officer of the franchised MCS provider, and such provider
shall maintain records used in the preparation of said report, to be produced in their
originality and totality upon request or demand by the Council/franchising authority.
I) No acceptance of any payment shall be construed as a release of, or
an accord, or satisfaction of, any claim that the City might have for further or
additional sums payable under the terms of this ordinance, or for any other
performance or obligation of a franchised MCS provider hereunder.
J) Payments of compensation made by a franchised MCS provider to the
City, pursuant to the provisions of this ordinance, shall be considered in addition to,
and exclusive of, any and all authorized taxes, business license fees, other fees, other
levies or assessments presently in effect, or subsequently adopted.
K) A franchise fee does not include any items excluded by Section 622 (g)
(2) (D) of the CCPA (codified at 47 USC 542 (g) (2) (D)).
L)
Nothing in this Section shall be construed to limit the authority of the
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Council/franchising authority to impose a tax, fee or other assessment of any kind,
on any person (other than a franchised MCS provider) with respect to multi-channel
setvice or other programming or communications setvice provided by such person
over a multi-channel system for which charges are assessed to subscribers, but not
received by a franchised MCS provider. For purposes of illustration only, this
subsection shall include the situation( s) where a premium service directly bills a
subscriber, or the franchised MCS provider merely acts as collection agent for a
premium service billing directly to a subscriber, or where a person leases a channel
for commercial use and sells advertising or goods on that channel, and receives the
money directly or through a third party.
M) For any twelve (12) month period, the fees paid by any person subject
to subsection (L) who provides any such multi-channel service shall not exceed five
percent (5%) of such person's gross revenues derived in such period from the
provision of such service over the multi-channel system.
N) If at any time, the highest court of the nation, or the highest court of
the State, invalidates, voids, or rules as unconstitutional the concept of franchise
fees, then the Council/franchising authority may impose an alternative user charge
on the franchised MCS provider, in the manner set forth in this ordinance.
Section 9-104. Assignment or Transfer of Franchise.
A) Where required for operation, an MCS provider's franchise may not
be assigned or transferred in whole, or in part, by the affected MCS provider,
without the prior express written approval by the Council/franchising authority.
B) Any attempted assignment or transfer without such prior written
consent shall constitute a default of such franchise.
C) In the event of such a default, the Council/franchising authority shall
proceed according to the procedure set forth in this ordinance, and any applicable
State law.
D) At least ninety (90) days before a proposed assignment or transfer of
an MCS provider's franchise is scheduled to become effective, such franchised MCS
provider shall petition in writing for the Council/franchising authority's written
consent for such a proposed assignment or transfer.
E) The Council/franchising authority will not unreasonably withhold its
consent to such an assignment or transfer. However, in making such a
determination, the Council/franchising authority may consider the following:
1)
experience of proposed assignee or transferee (including
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conducting an investigation of proposed assignee or transferee's
service record in other communities);
2)
3)
4)
qualifications of proposed assignee or transferee;
legal integrity of proposed assignee or transferee;
financial ability and stability of the proposed assignee or
transferee;
5)
if requested by the Council/franchising authority, submittals
from the proposed assignee or transferee, on what, if any,
changes it intends to make in the operation and maintenance
of the present multi-channel system;
6)
the corporate connection, if any, between the franchised MCS
provider, and proposed assignee or transferee;
7)
the economic viability or non-viability of the multi-channel
system in the future, based upon certain factors including the
impact of the purchase price on the City and/or the proposed
assignee or transferee; and
8)
any other legitimate aspect of the proposed assignee's or
transferee's background which could affect the health, safety,
and welfare of the citizenry of City as it relates to the
operation of the multi-channel system.
F) A copy of the completed sales agreement, or a functionally equivalent
instrument, between the franchised MCS provider and proposed assignee or
transferee shall be provided to the Council/franchising authority, so that the
Council/franchising authority may discover the assumption of obligations by the
franchised MCS provider and proposed assignee or transferee with respect to the
multi-channel system. In lieu of the sales agreement, the Council/franchising
authority may accept an attested summary of obligations assumed by the above
referenced parties.
G) Before an assignment or transfer is approved by the
Council/franchising authority, the proposed assignee or transferee shall execute an
affidavit, acknowledging that it has read, understood, and intends to abide by both
this ordinance, and the applicable franchise agreement.
H) In the event of any approved assignment or transfer, the assignee or
transferee shall assume all obligations and liabilities of the former franchised MCS
61
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provider, except as noted in subsection (I).
I) An assignment or transfer shall not relieve the former franchised MCS
provider of its liabilities under the franchise agreement until the assignment actually
takes place, or unless specifically relieved by Federal, or State law, or unless
specifically relieved by the Council/franchising authority at the time an assignment
or transfer is approved.
Section 9-105. Default of Franchise; Revocation, Tennination or Cancellation of Franchise.
A) When any event, act or omission (on the part of the franchised MCS
provider) occurs which represents a violation of an integral provision of this
ordinance, or compromises the corporate character, or legal, financial or technical
integrity and/or stability of the multi-channel system or the franchised MCS provider
to such a degree that the interests of the subscribers and users are negatively
affected, then such event, act or omission may be considered a major breach of this
ordinance. Under such circumstances, the Council/franchising authority shall notify
the affected MCS provider in writing, of the specific breach, and direct such
franchised MCS provider to comply with all such provisions of its proposal, franchise
agreement, or this ordinance.
B) For illustrative purposes only, the events, acts and omissions include,
but are not limited to: bankruptcy, insolvency, failure to pay taxes or franchise fees
(including the alternative user charge if applicable), failure to receive written
Council/franchising authority approval for an assignment or transfer, or failure to
abide by the integral terms and conditions of the franchise agreement, or integral
provisions of this ordinance.
C) Where a franchised MCS provider satisfactorily corrects any of the
enumerated conditions, within sixty (60) days, then in no event shall the enumerated
condition be weighed against such franchised MCS provider in any subsequent
review of franchise performance.
D) A copy of such notice of material breach shall be mailed to the surety
on the performance bond.
E) Within seventy-five (75) days, after such written notice is mailed to a
franchised MCS provider, the Council/franchising authority shall conduct a public
hearing on the matter.
F) The Council/franchising authority shall provide written notice to a
franchised MCS provider, and the surety, of the time and place of said public
hearing in a manner consistent with either State law, or approved by the
Council/franchising authority.
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G) At the time of the hearing, the affected franchised MCS provider may
present information on the current status of the alleged breach of the franchise
agreement If the situation has been resolved, or steps are being taken to resolve the
situation, then the franchised MCS provider should present the information at the
hearing.
H) If the affected franchised MCS provider fails to attend the hearing,
and has not requested a continuance of the hearing, then such franchised MCS
provider shall be deemed to have waived its right to a further continuation of the
matter, and may be declared in default of the franchise agreement.
I) After the public hearing, the Council/franchising authority may
determine the franchised MCS provider to be in compliance and dismiss the matter,
or may determine that the MCS provider has cured any non-compliance and thereby
dismiss the matter. However the Council/franchising authority may determine that
an ordinance violation exists and remains uncured. Consequently, upon a finding
that the MCS provider violated an integral ordinance provision, or failed to cure an
outstanding ordinance violation, the Council/franchising authority may, direct the
affected franchised MCS provider to take corrective action within a specified period
of time, or may declare such franchised MCS provider in default of the franchise
agreement, and thereafter may revoke, terminate, or cancel the franchise, unless the
franchised MCS provider presents sufficient mitigating circumstances.
J) If the Council/franchising authority directs corrective action to take
place within a specified time or declares such franchised MCS provider in default
of the franchise agreement, then that declaration shall be reduced to writing, and
the notice of corrective action or default shall be mailed to such franchised MCS
provider, and surety, within fifteen (15) days of the Council/franchising authority's
action.
K) If within forty-five (45) days, the affected franchised MCS provider,
or surety does not take significant action to rectify the breach, or submit a plan
detailing how the affected MCS provider will eliminate the breach, then the
Council/franchising authority shall revoke such MCS provider's franchise, and shall
notify the affected franchised MCS provider, and surety forthwith, unless there are
mitigating circumstances.
Section 9-106. Perfonnance Evaluations.
The Council/franchising authority is authorized to design a performance evaluation
procedure which periodically monitors compliance of the franchised MCS provider with the
terms and conditions of both the franchise and this ordinance. Moreover, the
Council/franchising authority may periodically review, and examine whether a franchised
MCS provider's financial, technical, legal, and character qualifications continue to meet
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SEP. 231991
required operational, maintenance, and performance levels in order to ensure the
uninterrupted provision of multi-channel services. Such performance evaluations may be
conducted every three (3) years during the franchise term, and may done as part of any
required survey.
Sections 9-107 -- 9-115. Reserved.
Section 9-116. Specific Additional Rules tor MCS Providers Classified as Cable Operators.
A) In addition to any requirements contained within this ordinance, all
non-exempt MCS providers that are classified as cable operators shall be expected
to abide by, and comply with, all applicable provisions of the Cable Communications
Policy Act of 1984.
B) The specific provisions of the CCP A include, but are not limited to,
the following:
1) cable channels for public, educational, or governmental use
(Section 611 CCPA--codified at 47 USC 531);
2) cable channels for commercial use (Section 612--47 USC 532);
3) general franchise requirements (Section 621--47 use 541);
4) franchise fees (Section 622--47 use 542);
5) regulation of rates (Section 623--47 use 543);
6) regulation of services, facilities, and equipment ( S e c t ion
624--47 USC 544);
7) modification of franchise obligations (Section 625--47 use
545);
8) franchise renewal (Section 626--47 USC 546);
9) conditions of sale of a franchise (Section 627--47 use 547);
10) subscriber privacy (Section 631--47 use 551); and
11) equal employment opportunity (Section 634--47 use 554).
C) Further, as an additional requirement, before the second anniversary
of the effective date of this ordinance, any non-exempt MCS provider classified as
64
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.
a cable operator and providing cable service within the City shall have designed,
built and activated a multi-channel system with a channel capacity of at least sixty
(60) channels.
D) Further, the Council/franchising authority is committed that the goal
of the CCPA, as set forth in Section 601 (4) of the Act (codified at 47 USC 521
(4)), is met at all times. As a result, the Council/franchising authority expressly
requires that upon the advent, implementation, and transmission of high definition
television (HDTV), its functional equivalent, or any subsequently developed
technological advancement affecting channel capacity or needed bandwidth for any
video programming source or service, the cable operator shall not lessen, dilute, or
decrease the mix, level, quality, or quantity of programming services carried on the
cable system for reasons of lack of adequate channel capacity.
E) Additionally, the Council/franchising authority, in the interests of
mlDIDuzlDg on-going operating costs to the cable operator and the resultant
increases in rates and charges paid by subscribers is committed to the introduction
of technological advancements that could realize such benefits to both the cable
operator and subscriber. Therefore, unless an operator can demonstrate that it is
both technologically and economically unfeasible, the affected cable operator shall
within eighteen (18) months of the effective date of a franchise renewal
agreement,or at the time of initial construction under a new franchise agreement,
introduce addressable technology allowing cable service levels to be changed without
the expense (either to the operator or subscriber) of a separate trip or call.
Section 9-117. Specific Additional Public, Educational, and Governmental Rules for MCS
Providers Classified as Cable Operators.
A) The Council/franchising authority recognizes that under Section 611
of the CCPA (codified at 47 USC 531), the Council/franchising authority has certain
power with respect to certain aspects for public, educational, or governmental (PEG)
use that is provided by MCS providers classified as cable operators.
B) To the extent permitted by law, and in order to fulfill the
Council/franchising authority's desired goal of a public, educational, and
governmental (PEG) access policy that will facilitate the long-range needs of the
City, the Council/franchising authority adopts the following:
1) At the time of an initial application for an MCS franchise for
a cable system, and contained within any renewal franchise
agreement, an MCS provider classified as a cable operator shall
pledge to include the following guarantees:
a)
An MCS provider classified as a cable operator shall
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4)
5)
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,~~2 ;;.~:) i0g}
provide, at its own expense, one (1) twelve (12) hour
educational channel; and
b)
An MCS provider classified as a cable operator shall
provide, at its own expense, one (1) twelve hour (12)
governmental channel that is available for providing
coverage of Council meetings, and other related
programming offered or designed by the City Manager,
or designated official, including department heads; and
c)
An MCS provider classified as a cable operator shall
provide, at its own expense, one (1) twelve (12) hour
public access channel that is available for use by various
community groups and organizations.
2)
At such time as the Council/franchising authority determines
the need for more channel time to exist on any given access
channel, an MCS provider shall make any or all of the access
channels available for more than twelve (12) hours per day
upon thirty (30) days written notice.
3)
Both the Council/franchising authority and the affected cable
operator shall review use after every six (6) months, including
the percentage of use of every PEG channel. At the end of
each six (6) month period, the Council/franchising authority
shall evaluate the response and actual use of such channels. If,
after any six (6) month period, the percentage of use for any
required PEG channel drops below twenty-five percent (25%)
of the total time allocated, then the required number of hours
shall be reduced to a number that most closely approximates
the average hours of use per day. If the Council/franchising
authority determines the average hours of use per day for any
required PEG channel is less than one (1) hour, then the
requirement for that channel's availability shall cease, and an
affected cable operator may use such channel for any lawful
purpose, unless and until the Council/franchising authority
determines that need for the use of the channel again exists.
If, at any time, ninety percent (90%) of the total time allocated
for any required PEG channel is consistently used five (5) days
a week for a period of three (3) months, then the cable
operator shall provide an additional PEG channel.
A cable operator shall provide mobile, portable, and stationary
66
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,.~2 :~:; ;:2'}1
equipment to be used for PEG access, together with the aid of
technical and production assistance provided by the cable
operator. A cable operator shall provide equipment that can
store programs for delayed cable-casting. There will be no cost
for technical production assistance for PEG access use to any
one user provided that such use does not exceed fifty (50)
actual production man-hours. Moreover, the cost of
maintenance of a PEG access studio, and equipment required
to run the studio shall be borne by the cable operator.
6) The City CounciVfranchising authority may require a cable
operator to provide live cable-casting of City Council meetings
and School Board meetings, as the need may be determined by
the respective bodies, and the operator shall comply with the
request to do so within thirty (30) days of notification by the
City Council/franchising authority.
Section .9-118. The Council/Franchising Authority's Policy Regarding Local Production
Facilities and Equipment.
A) The Council/franchising authority recognizes the fact that certain needs
of the City and the public regarding the transmission and receipt of information can
be met by a local production facility. In order to meet those above-noted needs, the
Council/franchising authority may require, after a public hearing, that any MCS
provider:
4)
.
1)
provide and equip, a facility that will enable the City, the
public, and non-profit organizations or agencies to produce and
originate video and audio programming from a fixed studio
location.
2)
equip such facility so as to permit a complete and full array of
production, editing, and program insertion capabilities and
functions, as may be deemed necessary for maximizing the
system's capabilities, taking into account the cost of such
requirement.
3)
activate the system in a bi-directional mode, so as to allow the
live or taped insertion of programming from remote locations
throughout the City for distribution to any and/or all locations
within the City, in a time-frame determined by the City.
maintain and replace, as needed, any and all,
production-related equipment provided or purchased by the
67
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.
SEP. ':.1 ':"> it)I'I'j
.... '::1 t,..'~
operator in a timely manner, upon demonstration of the need
for such and upon request by the City.
5)
provide additional production-related equipment, from
time-to-time, as may be deemed necessary for the City to fulfill
its goal of maximizing the capabilities of a system in meeting
identified community needs.
Section 9-119. The Council/Franchising Authority's Objective With Respect to the
Provision of Broad Categories of Video Programming.
A) The Council/franchising authority recognizes that under Section 624
of the CCPA (codified at 47 USC 544), the legal power of local government is
severely restricted in requiring and/or demanding that particular video programming
or other services be provided to subscribers over the multi-channel system.
B) Nevertheless, the Council/franchising authority recognizes that it
should strive to ensure that its citizens receive the widest, and most diverse selection
of video programming possible. Consequently, for those MCS providers required to
maintain a franchise, the Council/franchising authority states as its objective to such
franchised MCS providers, that the provision of services and video programming
categories to subscribers should include at least the following broad categories:
1) local broadcast stations;
2) two (2) distant carriage signals, or satellite fed broadcast
stations;
3) PEG programming on the lowest offered and/or available tier;
4) sports programming services (regional and/or national);
5) news, information, or public affairs/interest programming
services;
6) financial/consumer-oriented programming services;
7) scientific and/or cultural programming services;
8) children's programming services; and
9) ethnically sensitive programming services.
Section 9-120. The Council/Franchising Authority's Policy Regarding the Provision of
68
.
.
:;~EP - :;t: ~j j {.1 ~i 1
Seamless or "See-through" Technology.
A) The Council/franchising authority recognizes the fact that it is in the
public's interest to be able to utilize the functions inherent in subscriber receiving
equipment, without having to incur additional costs to obtain the same functions.
Consequently, the Council/franchising authority may require that:
1) unless an MCS provider can demonstrate to the City that it is
technically or economically unfeasible or commercially
impracticable, then such MCS provider shall provide the ability
to utilize the functions inherent in subscriber equipment in a
seamless or "see-through" manner which allows:
a) the use of any built-in remote control capability of a
subscriber's television for the control of any, and all,
television channels provided by the MCS provider
without the use or necessity of additional equipment;
and
b) the ability to record video programming on any channel
provided by the MCS provider, while watching
programming on any different channel, without the use
or necessity of any additional in-home equipment other
than the television receiver/monitor and a recorder.
Sections 9-121 -- 9-125. Reserved.
Section 9-126. Miscellaneous Provisions--Tampering and Unauthorized Reception of
Certain Services.
A) Consistent with Section 633 of the CCPA (codified at 47 USC 553),
no person shall intercept or receive, or assist in intercepting or receiving any
communications service offered over a multi-channel system, unless specifically
authorized to do so by an MCS provider, or as may otherwise be specifically
authorized by law.
B) For the purpose of this Section, the term "assist in intercepting or
receiving" shall include the manufacture or distribution of equipment intended by
the manufacturer or distributor (as the case may be) for the unauthorized reception
of multi-channel service as noted in subsection (A) of this Section.
C) Without securing permission from an MCS provider, or making
payment to an MCS provider, then no person shall be authorized to make any
connection, whether physically, electrically, acoustically, inductively, or otherwise,
69
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.
. ;~:.? ~j
with any part of an authorized or franchised multi-channel system for the purpose
of receiving or intercepting, or assisting others to receive or intercept any cable
service provided lawfully by the MCS provider.
D) No person shall be authorized to willfully tamper with, remove, or
damage any cable, wires, equipment, or facilities used for the distribution of
multi-channel services. .
E) Any, and all, MCS providers are encouraged to work with the
Council/franchising authority in developing and implementing a plan designed to
control and eliminate the unauthorized reception of certain cable services within the
City.
Section 9-127. Effective Date.
This ordinance shall become effective from and after its passage and publication in
pamphlet form by the city clerk.
PASSED AND APPROVED THISTHE~DAY OF ~
@;~~ V4UJ
~.. Mayor I
ArrEST:
70
, /9'1/
.
.
APR. 1 1991
ORDINANCE NO. 7711
An ordinance to amend Ordinance No 7645 as amended by Ordinance No.
7661 and Ordinance No. 7697, known as the 1990-1991 Annual Appropriation Ordinance
of the City of Grand Island; to declare the purpose of fund-account 204-2621 fully
accomplished; to transfer the remaining balance of said fund-account to Funds 109, 111,
143, 144, 150, and 204; to increase the appropriation to said funds; to provide for
severability; 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. Account 2621 of Fund 204 of the Employee Benefit Fund was
established as a consolidated account to appropriate funds for payment of employee cost-
of-living increases, labor union settlements, and general pension buy-back expenditures for
various departments of the City, which purpose is hereby fully accomplished. There is no
indebtedness remaining against said account which has not been fully paid. The unexpired
balance of said fund shall be transferred as hereinafter provided.
SECTION 2. Of the $221,800 originally appropriated to fund-account 204-
2621, $24,000 was previously transferred to fund 160 by Ordinance No. 7697; the sum of
$40,400 is hereby transferred to fund 143, Fire Department; the sum of $7,780 is hereby
transferred to fund 144, Ambulance; the sum of $12,400 is hereby transferred to fund 111,
Engineering; the sum of $9,466 is hereby transferred to fund 150, Park Operations; and the
SlIlll of $30,000 is hereby transferred to fund-account 204-2620, General Pension. The
foregoing transfers fully accomplish the purposes of said fund-account 204-2621.
.
.
APR. 1 11at
ORDINANCE NO. 7711 (Contd)
SECfION 3. The unexpired unexpended balance of fund-account 204-2621
in the sum of $97,754 is hereby transferred as follows:
A. The sum of $45,000 to fund-account 109-2777 for expenses in regard to the
Municon contract.
B. The sum of $22,870 to fund-account 101 to
i) increase the staff positions from 2% to 3 full-time positions;
ii) to provide for moving expenses;
iii) to provide for outside legal expenses.
C. The remaining balance of $29,884 to fund-account 109-2773 for future
contingencies.
SECTION 4. The appropriations of the Annual Appropriation Ordinance
as amended as set forth in Ordinance No. 7661 and Ordinance No. 7697, are hereby
amended in accordance with the transfers as hereinbefore set forth.
SECTION 5. 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 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 Daily
2
,
APR.' *"
.
.
ORDINANCE NO. 7711 (Contd)
Independent as provided by law.
Enacted ~uh /: /qq /
~..:I,~ ~/l
Ernest L. Dobesh, Mayor
../
Attest:
3
.
.
lM
ORDINANCE NO. 7710
An ordinance to amend Section 2 of Ordinances Nos. 7698 and 7649
pertaining to uniform allowance for certain employees; to repeal Section 2 of Ordinances
Nos. 7698 and 7649 as heretofore existing and any other ordinances in conflict herewith;
to provide for severability; to provide the effective date of this ordinance; 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:
SECfION 1. That Section 2 of Ordinances Nos. 7698 and 7649 pertaining
to uniform allowance, be, and hereby is, amended to read as follows:
Section 2. All full-time fire fighters, police officers, ambulance attendants,
shop garage employees, Power Plant Electrician, Maintenance Man III-Power,
Maintenance Man IV-Power, Materials Handler, Materials Handler Foreman, and
Utility Technician II, shall be paid a clothing and uniform allowance which shall be
paid quarterly or bi-weekly, in addition to the regular salary to which such
employees are entitled. The range of this allowance is $6.00 to $80.00 per month.
Full-time police officers may receive a reimbursement toward the purchase of body
armor, not to exceed $240. If any such fire fighter, police officer, ambulance
attendant, or shop garage employee shall resign, or his or her employment
terminated for any reason whatsoever, he or she shall be paid clothing allowance on
a prorata basis, but no allowance shall be made for a fraction of a month.
Utilities Department bargaining personnel, Meter Reader I, Meter Reader
II, Meter Reader Supervisor, Power Plant Superintendent, Assistant Power Plant
Superintendent, Line Superintendent, Assistant Line Superintendent, Water
Superintendent, Assistant Water Superintendent, Under ground and Substation
Superintendent, Assistant Underground and Substation Superintendent, and
Engineer I, shall be eligible to participate in the voluntary uniform program
allowance up to $18.00 per month.
SECfION 2. Section 2 of Ordinances Nos. 7698 and 7649, and any other
ordinances or parts of ordinances in conflict herewith, are repealed.
~_;'1<.. 19~:
.
.
ORDINANCE NO. 7710 (Contd)
SECI'ION 3. 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.
SECI'ION 4. This ordinance shall be in full force and take effect as of
March 25, 1991, and after publication in pamphlet form by the City Clerk.
Enacted 4kJ) /1 /qr /
~cI(~
Ernest L. Dobesh, Mayor
A TrEST:
Ht'K. 1 1991
.
.
ORDINANCE NO. 7709
An ordinance directing and authorizing the conveyance of part of Fractional Lot 6
and Fractional Lot 7 in Fractional Block 143 in Union Pacific Railway Co's 2nd Addition,
and the complements being part of Fractional Lot 7 and Fractional Lot 8 in Fractional
Block 11 in Russell Wheeler's Addition to the 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 DONALD A. DUBBS and MARY M. DUBBS,
husband and wife, of the following described property:
The East 33 feet of Fractional Lot 6, and all of Fractional Lot
7, in Fractional Block 143, in Union Pacific Railway Co's 2nd
Addition, and the complements thereto, being the East 33 feet
of Fractional Lot 7, and all of Fractional Lot 8, in Fractional
Block 11, in Russell Wheeler's Addition, all in the City of
Grand Island, Hall County, Nebraska,
is hereby authorized and directed.
SECTION 2. The consideration for such conveyance shall be Seven Hundred Fifty-
one Dollars ($751.00). Conveyance of the real estate above described shall be by special
warranty deed, upon delivery of the consideration, and the City of Grand Island will not
furnish title insurance.
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 Daily 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 therCityCouncil.within-thirty....,
i '~:~~:~~~~J
() .
,.<.1 II
'i
i
1.--.
ENT
iii-It. I 1991
.
.
ORDINANCE NO. 7709 (Contd)
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, <I lid
confirmed; and if no remonstrance be filed against such conveyance', the mayor <111<1 city
clerk shall make, execute, and deliver to the said DONALD A. DUBBS and MARY M.
DUBBS, husband and wife, 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.
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 Daily
Independent as provided by law.
Enacled ~L L) 1'1'//
~o:\ &JJ
Ernest L. Dobesh, Mayor
Attest:
u)-ozlw
wski, City Clerk
iVI-\' I
'9~'
ORDINANCE NO. 7706
An ordinance creating Water Main Connection District No. 398T in 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 Connection District No. 398T in Hall County,
Nebraska, is hereby created for the laying of a twenty (20) inch main in Potash Highway
from North Road to Dale Roush Subdivision, and a twenty (20) inch main in North Road
from Potash Highway to Stolley Park Road.
SECTION 2. The boundaries of such water main connection district shall be
as follows:
.
Beginning at a point on the East line of Section Fourteen (14),
Township Eleven (11) North, Range Ten (10) West of the 6th
P.M., Grand Island, Hall County, Nebraska, said point being
thirty-three (33.0) feet North of the Southeast corner of said
Section Fourteen (14); thence westerly, parallel to the South
line of said Section Fourteen (14) a distance of two hundred
ninety and four-tenths (290.4) feet to a point on the easterly
line of Pontious Subdivision; thence northerly along the
easterly line of said Pontious Subdivision a distance of three
hundred ninety-two and forty-seven hundredths (392.47) feet,
to the Northeast corner of said Pontious Subdivision; thence
westerly a distance of five hundred twenty-nine and six-tenths
(529.6) feet to the Northwest corner of said Pontious
Subdivision; thence southerly along the westerly line of said
Pontious Subdivision a distance of three hundred eighty-six and
thirty-two hundredths (386.32) feet to the Southeast corner of
Lot One (1), Potash Subdivision; thence westerly parallel to the
southerly line of said Potash Subdivision a distance of four
hundred ninety-six and twenty-nine hundredths (496.29) feet,
to the Southwest corner of Lot Fifty Four (54), said Potash
Subdivision; thence northerly along the westerly line of said
Potash Subdivision a distance of one hundred seventy-four and
five-tenths (174.5) feet; thence westerly paralIel and two
hundred fourteen and five-tenths (214.5) feet distant from the
South line of said Section Fourteen (14) a distance of eight
hundred forty-six (846.0) feet; thence northerly parallel to the
westerly line of the Southwest Quarter of the Southeast
Quarter (SW%,SE%), said Section Fourteen (14), a distance of
five hundred sixty (560.0) feet; thence westerly parallel to the
South line of said Section Fourteen (14) a distance of four
hundred seventy-four (474.0) feet to the westerly line of the
Southwest Quarter of the Southeast Quarter (SW%SE%), said
~,..,.,',i i, ,,,,,
,~
.
.
MAR. 8 1991
ORDINANCE NO. 7708
An ordinance to amend Ordinance No. 7649 which classified the officers and
employees of the City of Grand Island, Nebraska, and fixed ranges of compensation of such
officers and employees; to amend Ordinance No. 7683 which amended Ordinance No. 7649
pertaining to Library Personnel; to repeal Ordinance No. 7649 in part and Ordinance No.
7683 as they pertain to Librmy Personnel, and all other ordinances in conflict; to provide
for severability; to provide the effective date of this ordinance; 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. That part of Ordinance No. 7649 and Ordinance No. 7683
pertaining to pay schedules for library personnel be, and hereby are, amended to read as
follows:
1990-1991
SALARY SCHEDULES
CLASSIFICATION
PAY GRADE
MONTHLY PAY
RANGE ($)
HOURS/DA YS
WORK PERIOD
General Schedule
LIBRARY
Library Director
Librarian I
Librarian II
Librarian III
Library Assistant
Inter-Library Loan Librarian
Library Clerk
Library Page
3039-3867
1339-1869
1483-2053
2128-2918
678-1277
970-1339
664-1111
624-683
Ineligible
40/7
40/7
Ineligible
40/7
40/7
40/7
40/7
1 'j99'\
MAR (~ t991
.
.
ORDINANCE NO. 7708 (Contd)
SECfION 2. 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.
SECfION 3. Only that part of Ordinance No. 7649 and Ordinance No. 7683 which pertain
to Library Personnel in conflict herewith, be, and the same is, hereby repealed.
SECfION 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
March 18, 1991
/~c{ ~A~
Ernest L. Dobesh, Mayor
ATTEST:
Ml\R ' r::.~ 40'11
-
-
ORDINANCE NO. 7707
An ordinance creating Water Main District No. 399 in the City of Grand Island,
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
assessment of special taxes for constructing such water main; 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. 399 in the City of Grand Island, Nebraska, is
hereby created for the laying of a six inch water main with its appurtenances in Reed Road,
Roth Road, and Beachwood Drive.
SECTION 2. The boundaries of such water main district shall be as follows:
Beginning at the Southwest corner of the Southeast Quarter of
the Southeast Quarter (SElf..SElf..) of Section Fourteen (14),
Township Eleven (11) North, Range Ten (10) West of the 6th
P.M., Grand Island, Nebraska, said point also being the Southwest
corner of Potash Subdivision; thence northerly along the westerly
line of said Potash Subdivision a distance of 1,322.63 feet to the
Northwest corner of said Potash Subdivision; thence easterly along
the northerly line of said Potash Subdivision a distance of 1,312.97
feet to the Northeast corner of said Potash Subdivision; thence
southerly along an easterly line of said Potash Subdivision a
distance of 902.85 feet; thence deflecting right 910 13' 30" and
running westerly a distance of 820.0 feet; thence deflecting left 910
is' 30" and running southerly a distance of 426.32 feet to the
Southeast corner of said Potash Subdivision; thence westerly along
the southerly line of said Potash Subdivision a distance of 496.4
feet to the said point of beginning, all as shown on the plat
marked Exhibit "A" attached hereto and incorporated herein by
reference.
SECTION 3. Said improvements 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 water main shall be taken and contracts entered into in the manner provided by law.
., ;2
-
~
, r:~ m~1
ORDINANCE NO. 7707 (Contd)
SECTION 4. The cost of construction of such improvements shall be assessed against
the property within such district abutting upon the streets wherein such water main has been
so placed to the extent of benefits to such property not to exceed the laying of a six-inch water
main, 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; and such special tax and assessments
shall constitute a sinking fund for the payment of any warrants or bonds for the purpose of
paying the cost of such water main in such district; and such special assessments shall be paid
and collected either in a fund to be designated and known as the Sewer and Water Extension
Fund for Water Main District No. 399, or 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, as provided by law.
SECfION 6. This ordinance, with the plat, is hereby directed to be filed in the office
of the Register of Deeds, 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 Daily Independent, a legal
newspaper published and of general circulation in said City, as provided by law.
Enacted
March 18, 1991
~fl.,/~ m",/.....
. ERNEST L. D BESH, Mayor
ATTEST:
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EXHIBI T "A 11
CITY Of GRAND ISLAND, NE
UTILITIES DEPARTMENT
WATERMAIN DISTRICT NO. 399
PLA T TO ACCOMPANY ORDINANCE
NUMBER 7707
I SCALE: NONE K.W.S. 3/6/91
,'" I l~ij~
.
.
ORDINANCE NO. 7706 (Contd)
Section Fourteen (14); thence southerly along the westerly line
of the Southwest Quarter of the Southeast Quarter
(SWv..,SEv..), said Section Fourteen (14) a distance of five
hundred seventy-six and five-tenths (576.5) feet, to the
Northeast corner of Lot One (1), Block One (1), Dale Roush
Second Subdivision; thence westerly along the northerly line of
said Lot One (1) and its extension a distance of two hundred
forty-four and ninety-five hundredths (244.95) feet to a point
on the westerly right-of-way line of Cherokee Avenue; thence
southerly a distance of seventy-eight (78.0) feet to the
Northeast corner of Lot One (1), Block Two (2), Dale Roush
Subdivision; thence westerly along the northerly line of Lot
One (1) and Lot Fourteen (14), said Dale Roush Subdivision,
a distance of four hundred eighty-eight (488.0) feet to the
Northwest corner of said Lot Fourteen (14); thence westerly to
the Northeast corner of Lot One (1), Block One (1), said Dale
Roush Subdivision; thence westerly along the northerly line of
said Lot One (1), a distance of two hundred fifty (250.0) feet,
to the Northwest corner of said Lot One (1); thence southerly
along the westerly line of said Lot One (1) and its extension,
a distance of one hundred forty-nine (149.0) feet to the
southerly right-of-way line of Potash Highway; thence easterly
along the southerly right-of-way line of said Potash Highway,
a distance of two hundred sixty-nine and nine-hundredths
(269.09) feet to a point on the westerly line of Meyer's
Subdivision; thence southerly along the westerly line of said
Meyer's Subdivision, a distance of three hundred sixty-one and
forty-five hundredths (361.45) feet to the Southwest corner of
said Meyer's Subdivision; thence easterly a distance of sixty-
seven and three-tenths (67.3) feet, to a corner of said Meyer's
Subdivision; thence northerly a distance of fifteen (15.0) feet,
to a corner of said Meyer's Subdivision; thence easterly, a
distance of two hundred eleven and eighty-two hundredths
(211.82) feet to a Southeast corner of said Meyer's Subdivision;
thence continuing easterly parallel and three hundred seventy-
seven and eighteen-hundredths (377.18) feet distant from the
North line of Section Twenty Three (23), Township Eleven
(11) North, Range Ten (10) West of the 6th P.M., a distance
of two thousand eight hundred nineteen and five-tenths
(2,819.5) feet to a point three hundred thirty-three (333.0) feet
West of the East line of said Section Twenty-three (23); thence
southerly parallel and three hundred thirty-three (333.0) feet
distant from the East line of said Section Twenty-three (23) to
a point on the northerly line of Gosda Subdivision; thence
easterly along the northerly line of said Gosda Subdivision a
distance of one hundred forty-seven (147.0) feet to the
Northwest corner of Lot One (1), Block Two (2), said Gosda
Subdivision; thence southerly parallel to the easterly line of
said Gosda Subdivision a distance of eight hundred five and
two-tenths (805.2) feet to a point on the southerly line of said
Gosda Subdivision; thence westerly along the southerly line of
said Gosda Subdivision a distance of one hundred seventy-three
(173.0) feet; thence southerly parallel and three hundred fifty-
nine (359.0) feet distant from the easterly line of said Section
Twenty Three (23) a distance of one thousand eight hundred
sixty-four and five-tenths (1,864.5) feet to the Southwest corner
of Lot Sixteen (16), Garland Place; thence easterly along the
2
APR. 1991
ORDINANCE NO. 7706 (Contd)
.
southerly line of said Lot Sixteen (16) and its extension a
distance of three hundred eight and six-tenths (308.6) feet;
thence southerly a distance of thirty-one and three-tenths
(31.3) feet to the northwesterly corner of Pichler Subdivision;
thence southwesterly along the arc of a curve whose radius is
two thousand seven hundred eighty nine and seventy-nine
hundredths (2,789.79) feet, and being the southeasterly right-
of-way line of V.S. Highway 30, an arc distance of four
hundred ninety-five and seven-tenths (495.7) feet to the
Southwest corner of said Pichler Subdivision; thence continuing
along the southeasterly right-of-way line of said V.S. Highway
30 to a point on the South line of the North Half of the
Southeast Quarter of the Southeast Quarter of the Southeast
Quarter (N1f2SEl/4SEl/4SEl/4) of said Section Twenty-three (23);
thence easterly along the South line of the North Half of the.
Southeast Quarter of the Southeast Quarter of the Southeast
Quarter (N1f2SEl/4SEl/4SEl/4) of said Section Twenty-three (23)
to the westerly right-of-way line of North Road, being thirty-
three (33.0) feet West of the East line of said Section Twenty
Three (23); thence southerly along the westerly right-of-way
line of said North Road to a point on the northerly right-of-
way line of the V nion Pacific Railroad; thence northeasterly
along the northerly right-of-way line of said V nion Pacific
Railroad, to the Southeast corner of Lot Thirteen (13), Chief
Industries Subdivision; thence northerly a distance of five
hundred forty-nine and eighty-six hundredths (549.86) feet to
the Northwest corner of Lot Ten (to), said Chief Industries
Subdivision; thence easterly a distance of one hundred (100.0)
feet to the Southeast corner of Lot Nine (9), said Chief
Industries Subdivision; thence northerly a distance of five
hundred twenty-five (525.0) feet to the Northeast corner of Lot
Five (5), said Chief Industries Subdivision; thence westerly a
distance of one hundred seventy and five-tenths (170.5) feet to
the Southeast corner of Lot Four (4), said Chief Industries
Subdivision; thence northerly along the easterly line of said Lot
Four (4) and its extension a distance of three hundred (300.0)
feet; thence westerly parallel the North line of said Lot Four
(4) and its extension a distance of one hundred eleven and five-
tenths (111.5) feet; thence northerly parallel and thirty-three
(33.0) feet distant from the westerly line of Section Twenty
Four (24), Township Eleven (11) North, Range Ten (to) West
of the 6th P.M., a distance of fifty (50.0) feet; thence northerly
to the terminus of an arc bounding the northerly right-of-way
line of V.S. Highway 30, as described in Deed Book 136, Page
613, recorded in the Hall County Register Of Deeds office;
thence northeasterly along the arc of a curve whose radius is
two thousand nine hundred thirty-four and seventy-nine
hundredths (2,934.79) feet, and being the northerly right-of-way
line of said V.S. Highway 30, an arc distance of nine hundred
eighty-eight and five-tenths (988.5) feet to the Southwest
corner of Lot Two (2), Westgate Fourth Subdivision; thence
northerly along the westerly line of said Lot Two (2) and its
extension a distance of four hundred fifteen and nine-tenths
(415.9) feet to a point on the northerly right-of-way line of
Westgate Road; thence westerly along the northerly right-of-
way line of said Westgate Road a distance of five hundred
thirty-seven and seven-tenths (537.7) feet; thence northerly
.
3
hFI<.
'ig~\
ORDINANCE NO. 7706 (Contd)
.
parallel and one hundred sixty (160.0) feet distant from the
westerly line of said Section Twenty-four (24) a distance of one
thousand one hundred thirteen (1,113.0) feet to the South line
of the Northwest Quarter of the Northwest Quarter
(NW%NW%), said Section Twenty Four (24); thence westerly
along the South line of said Northwest Quarter of the
Northwest Quarter (NW%NW%), a distance of thirtY (30.0)
feet; thence northerly parallel and one hundred thirty (130.0)
feet distant from the westerly line of said Section Twenty-four
(24), to a point on the southerly right-of-way line of Potash
Highway, being thirty-three (33.0) feet South of the North line
of said Section Twenty-four (24); thence easterly along the
South right-of-way line of said Potash Highway, a distance of
one hundred twenty (120.0) feet; thence northerly
perpendicular to the last described course a distance of sixty-six .
(66.0) feet; thence westerly along the North right-of-way line
of said Potash Highway a distance of two hundred fifty (250.0)
feet to the point of beginning, all as shown on the plat 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 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, based on th~
cost of six (6) inch and eight (8) inch water mains, 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 Connection District No. 398T for the purpose of creating a sinking
fund for the payment of bonds. Payment of the cost of construction of Water Main
4
.
.
l., ,jlJ'-N
ORDINANCE NO. 7706 (Contd)
Connection District No. 398T may be made by warrants drawn upon the Water Surplus
Fund.
SECTION 5. This ordinance shalJ be in force and take effect from and after
its passage, approval, and publication within fifteen days in one issue of the Grand Island
Daily Independent.
Enacted OfAl.! II lerr/'
g~.fLgfu~/^ ~
""ERNEST L. D BESH, Mayor -
ATTEST:
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13 44
EXH 18 IT IIAII
CITY. OF GRANO lSLAND
UTILITIES DEPARTMENT
PLAT TO-ACCOMPANY
ORD I NANCE NO. '7706
DRN. BY: K.J.M. SCALE: I = 800'
DATE: 3/25/9\ FtLE- WM398T
.
.
ORDINANCE NO. 7705
An ordinance directing and authorizing the conveyance of Lot 2 , Dickey Seventh
Subdivision in the 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 KELLY KA VA of Lot 2, Dickey Seventh
Subdivision in the City of Grand Island, Hall County, Nebraska, is hereby authorized and
directed.
SECTION 2. The consideration for such conveyance shall be Two Thousand Five
Hundred Dollars ($2,500.00). Conveyance of the real estate above described shall be by
deed, upon delivery <;>f the consideration. The Grantee shall pay the 1990 and any prior
years general real estate taxes, and the taxes for 1991 shall be prorated to date of
possession. The cost of the title insurance policy shall be paid one-half by the Buyer and
one-half by the Seller.
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 Daily 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
'I
ENT
.
.
ORDINANCE NO. 7705 (Contd)
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.
SECfION 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 KELLY KAVA a 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 Daily
Independent, as provided by law.
Enacted March 18, 1991
&~,~
ATTEST:
M.L\R. 4 1901
.
.
ORDINANCE NO. 7704
An ordinance creating Water Main District No. 397 in the City of Grand Island,
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
assessment of special taxes for constructing such water main; 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. 397 in the City of Grand Island, Nebraska, is
hereby created for the laying of an six inch water main with its appurtenances in Freedom
Drive and in Liberty Lane.
SECTION 2. The boundaries of such water main district shall be as follows:
A tract of land comprising all of the East Half of the Southwest
Quarter of the Southeast Quarter (E~SWI/4SEI/4) except the
easterly one hundred sixty-five (165.0) feet thereof, all in Section
Twenty-three (23), Township Eleven (11) North, Range Ten (to)
West of the 6th P.M., also known as Freedom Acres Subdivision
in the City of Grand Island, Hall County, Nebraska, and as shown
on the plat marked Exhibit "A" attached hereto and incorporated
herein by reference.
SECTION 3. Said improvements 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 water main shall be taken and contracts entered into in the manner provided by law.
SECTION 4. The cost of construction of such improvements shall be assessed against
the property within such district abutting upon the streets wherein such water main has been
so placed to the extent of benefits to such property not to exceed the laying of a six-inch water
.........~....
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.
~~HH
ORDINANCE NO. 7704 (Contd)
main, 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; and such special tax and assessments
shall constitute a sinking fund for the payment of any warrants or bonds for the purpose of
paying the cost of such water main in such district; and such special as~essments shall be paid
and collected either in a fund to be designated and known as the Sewer and Water Extension
Fund for Water Main District No. 397, or 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, 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, 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 Daily Independent, a legal
newspaper published and of general circulation in said City, as provided by law.
Enacted
M2rch 4. 1991
~~~~
ERNEST L. DOBESH" Mayor
ATTEST:
2
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WATERMAIN
DISTRICT NO. 397
BOUNDARY
CITY OF GRAND ISLAND
UTILITIES DEPARTMENT
PLAT TO ACCOMPANY
ORDINANCE NO. 7704
DRN.BY:K.J.M. SCALE: NONE
DATE: 2/21/91 FILE-DIST.397
.
.
MAR. 4 1991
ORDINANCE NO. 7703
An ordinance creating Water Main Connection District No. 396T in 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 Connection District No. 396T in the City of Grand
Island, Nebraska, is hereby created for the laying of a sixteen (16) inch main in Stolley Park
Road from North Road to Freedom Acres Subdivision.
SECTION 2. The boundaries of such water main connection district shall be
as follows:
Beginning at the Southeast corner of Section Twenty-three
(23), Township Eleven (11) North, Range Ten (10) West of the
6th P.M., Grand Island, Hall County, Nebraska; thence
northerly along the East line of said Section Twenty-three (23)
a distance of three hundred thirty-three and three-tenths
(333.3) feet; thence westerly parallel to the South line of said
Section Twenty-three (23), a point on the westerly right-of-way
line of U.S. Highway No. 30; thence southwesterly along the
said right-of-way line of U.S. Highway No. 30 a distance of
eighty-three and three-tenths (83.3) feet to a point two
hundred fifty (250.0) feet North of the South line of said
Section Twenty-three (23); thence westerly parallel to the
South line of said Section Twenty-three (23) to the Northeast
corner of Lot Four (4), Freedom Acres Subdivision; thence
southerly along the East line of said Freedom acres Subdivision
a distance of two hundred fifty (250.0) feet to the Southeast
corner of said Freedom Acres Subdivision, also being a point
of the South line of said Section Twenty-three (23); thence
westerly along the South line of said Section Twenty-three (23)
d..,....
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.
ORDINANCE NO. 7703 (Contd)
a distance of four hundred ninety-five (495.0) feet to the
Southwest corner of said Freedom Acres Subdivision; thence
southerly perpendicular to the last described course a distance
of two hundred fifty (250.0) feet; thence easterly parallel to the
South line of said Section Twenty-three (23) to a point on the
northwesterly line of Luft Subdivision; thence northeasterly
along the northwesterly line of said Luft Subdivision, and
Schuele Second Subdivision, to the southwesterly corner of Lot
One (1), Schuele Subdivision; thence southeasterly along the
southwesterly line of Lot One (1), Schuele Subdivision a
distance of three hundred forty (340.0) feet to the Southeast
corner of Lot One (1), Schuele Subdivision; thence southerly
to the Southwest corner of Stearn's Subdivision; thence
northeasterly along the southerly line of Stearn's Subdivision a
distance of one thousand one hundred twenty-six and forty-five
hundredths (1,126.45) feet to the Southeast corner of said
Stearn's Subdivision; thence northerly along the East line of
said Stearn's Subdivision a distance of seventy-three and thirty-
five hundredths (73.35) feet to the Southeast corner of said
Section Twenty-three (23), being the point of beginning, all as
shown on the plat marked Exhibit ItAIt 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 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
2
!1A.R. 4
.
.
19fJ1
ORDINANCE NO. 7703 (Contd)
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 Connection
District No. 396T for the purpose of creating a sinking fund for the payment of bonds.
Payment of the cost of construction of Water Main Connection District No. 396T 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 within fifteen days in one issue of the Grand Island
Daily Independent.
Enacted
March 4. 1991.
~t~~
ERNEST L. DOBESH, Mayor
ATTEST:
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MAR. 4 1991
.
.
ORDINANCE NO. 7702
An ordinance rezoning two certain tracts within the zoning jurisdiction of the City
of Grand Island; changing the land use district of Lot 1, Evergreen Subdivision, and Lot
1, Loescher Subdivision, in the City of Grand Island, Hall County, Nebraska, from R4-High
Density Residential Zone and CD-Commercial Development Zone to RO-Residential
Office 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 of the
Grand Island City Code to conform to such reclassification;
WHEREAS, the Regional Planning Commission on February 6, 1991, held a public
hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 79-4,151, 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 February 18, 1991, the City Council found and
determined that the change in zoning be approved and granted.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That Lot One (1), Evergreen Subdivision, and Lot One (1), Loescher
Subdivision, both in the City of Grand Island, Hall County, Nebraska, be rezoned and
reclassified and changed from R4-High Density Residential Zone and CD-Commerical
Development Zone, to RO-Residential Office Zone classification.
SECTION 2. That the official zoning map of the City of Grand Island, Nebraska,
be, and the same is, hereby ordered to be changed, amended, and completed in accordance
with this ordinance.
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ORDINANCE NO. 7702 (Contd)
SECfION 3. That the findings and recommendations of the Regional Planning
Commission and the City Council of the City of Grand Island are hereby accepted,
adopted, and made a part of this ordinance.
SECfION 4. That Section 36-7 of the Grand Island City Code and all ordinances
and parts of ordinances in conflict herewith are hereby amended to reclassify the
above-described area as herein ordered and determined.
SECfION 5. 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 Daily
Independent as provided by law.
Enacted
March 4, 1991
~~/% &.,~
.- RNEST L. D BESH, Mayor
./
ArrEST:
'frk1.JJrM);1. a~~c.J2.<J
uritta F. Cza'pl i, City Clerk
MAR. 4
.
~.
-.
1991
ORDINANCE NO. 7701
An ordinance to amend subsection (f) of Section 36-12 of the Grand Island
City Code pertaining to child care as a Customary Home Occupation; to further define the
number of children to be cared for in a home occupation; to repeal subsection (f) as
heretofore existing; and to provide the effective date of this ordinance.
BE IT ORDAINED BY mE MAYOR AND COUNCIL OF THE CITY
OF GRAND ISLAND, NEBRASKA:
SECTION 1. Subsection Home Occupations, Customary, of Section 36-12 of
the Grand Island City Code, and particularly (f) be, and hereby is, amended to read as
follows:
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Home Occupations, Customary. A business, occupation, or profession
carried on within a residential dwelling by the resident thereof, and which
shall have the following characteristics:
(a) there shall be no external or externally visible evidence of the occupation,
business or profession whatsoever;
(b) there shall be no emission of smoke, dust, odor, fumes, glare, noise,
vibration, electrical or electronic disturbance detectable at the zoning lot line;
(c) the activity shall employ only members of the immediate family
of the resident of the dwelling;
(d) there shall be no machinery other than that normally found in a home;
(e) there shall be no contact at the premises with customers or clients other
than by telephone or mail, except that music lessons may be given to one pupil at
a time, and cultural, art, or dance instruction may be given to four pupils at one
time;
(f) said occupation may include the caring of children for hire, provided:
1. the total number of children in the home at one time shall not exceed
eight children of mixed ages (infant, preschool, and/or school age), including
the caregiver's owo children under eight years of age. No more than two
children may be under the age of 18 months. The caregiver may overlap two
(2) more school age children beyond the eight (8) for specified periods
during the day if the total time does not exceed four (4) hours. The
caregiver may continue overlapping care during school breaks and holidays.
2. the premises must be suitable and meet all applicable codes for day
care facilities.
3. the facility must have all licenses, permits, and registrations required
by law.
(g) there shall be no signs, radio, television, newspaper, handbill, or similar
types of advertising linking the address of the premises with the home occupation;
(h) room or board, but not for more than two persons;
.
.
d l~~U
ORDINANCE NO. 7701 (Contd)
(i) further, shall not utilize more than twenty-five (25) percent of the actual
floor area of anyone story of any structure.
The above listed characteristics of a home occupation shall not be
construed to restrict the sale of garden produce grown on the premises,
provided, this exception shall not extend to allow the operation of a
commercial greenhouse or nursery, or the existence of stands 'or booths for
display of said produce.
Any business, occupation, or profession, the operation of which does
not meet the aforesaid characteristics of a home occupation shall not be
interpreted to be a home occupation despite the fact that it may attempt to
operate in a residential building.
SECTION 2. Subsection Home Occupations, Customary, of Section 36-12 of
the Grand Island City Code, as heretofore existing, and any other ordinance or ordinances
in conflict herewith, are hereby repealed.
SECfION 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 Daily
Independent as provided by law.
Enacted
Harch 4, 1991
~joZAJ~~
Ernest L. Dobesh, Mayor
..-J
Attest:
MAR. 1 fj 1991
ORDINANCE NO. 7700
An ordinance levying a special tax to pay the cost to the City of cutting, destroying,
and removing weeds and other rank and noxious vegetation, pursuant to Sections 17-36 and
.
17-38 of the Grand Island City Code upon certain lots, tracts, and parcels of land;
providing for the collection thereof; and repealing ordinances or paits of ordinances or
provisions in the Grand Island City Code in conflict herewith.
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 and other rank and noxious vegetation upon the hereinafter described lots,
half lots, tracts, and parcels of land in proportion to the special benefits to such real estate
as determined and assessed by the City Council sitting as a Board of Equalization after due
notice thereof, in the following amounts:
NAME
LOT BLK ADDITION
AMOUNT
Calette M Oakley
Rudolph Plate
Robert Wheeler
Paula Anderson
David Dumont
1 Baptist Temple Sub
EI/zS% 270' Lot 11,
Vantine's Subdivision
Darlene Reynolds 3 26 Original Town/Nagys
Western Heights Development 1 Western Heights Fourth
Louise Beers 5 6 Jenkinson
Terry Berggren 7 3 Dale Roush Second
Verne Schwarz Part of Lot, See 18~11-9
Rodney L Glynn 2 18 Packer & Barr's Second
Roger Luft 11 16 University Place
Leroy Stout 3 Dahlke
Frontier Property Corp 22 Kallos Second
Asset Recovery Co E260' 8 Woodland First
Clingerman & Hazel ObserschuIte
12
6
3
5
1
3
GI Baptist Temple
Thomas & Susan Stokely
$250.00
$95.00
$95.00
$80.00
$72.50
$60.00
$00.00
$65.00
$130.00
$157.50
$57.50
$72.50
12
Koehler Place
Norwood
Original Town
Nabob
Evans Addition
Union Pacific RR 2nd
$65.00
$125.00
$65.00
$72.50
$120.00
$72.50
W440'
76
15
133
SECTION 2. Such special tax shall be due and payable to the City Treasurer thirty
. days after such levy and shall become delinquent fifty days after such levy. After the same
shall become delinquent, interest at the rate of 14 percent per annum shall be paid thereon.
The same shall be collected in the same manner as other city taxes.
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.
.
MAR 1 iJ HWi
ORDINANCE NO. 7700 (Contd)
SECTION 3. Such special taxes shall be collected by the City Clerk 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. 120-6307, 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 are, hereby repealed.
Enacted March 18. 1991
~~gi.~
ATIEST:
.
.
FEB. ! 8 199t
ORDINANCE NO. 7699 (Contd)
SECfION 2. Section 2-25 of the Grand Island City Code as heretofore
existing and any other ordinance or ordinances in conflict herewith are hereby repealed.
SECfION 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 Daily
Independent as provided by law.
Enacted FEBRUARY 18, 1991
~fjAf~~
'--Ernest L. Dobesh, ayor
Attest:
.
.
FER 1 81991
ORDINANCE NO. 7699
An ordinance to amend Section 2-25 of the Grand Island City Code
pertaining to Administrator; to set forth the duties of the administrator and relationship to
the mayor and council; to repeal Section 2-25 as heretofore existing; 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. Section 2-25 of the Grand Island City Code be, and hereby is
amended to read as follows:
~2-25. Administrator; Appointment; Duties
There is hereby created and established the office of city
administrator, to be appointed by the mayor, with the approval of the city
council; provided, no elective officer of the City of Grand Island shall hold
the position of city administrator. The administrator shall hold office until
the end of the mayor's term of office, and until a successor is appointed and
qualified, unless sooner removed, or the ordinance creating the office shall
be repealed, except as otherwise provided by law.
The purpose of the office of city administrator is to provide for the
day-to-day administration of the City of Grand Island, Nebraska. The city
administrator will remain under the direction of the mayor and be
responsible thereto for the efficient conduct of the office.
The city administrator shall not participate in a local election that
affects the office of mayor or city council, or any other elective municipal
position or issue, except for the casting of an individual ballot.
The mayor and council specifically reserves the right to make inquiries
of any personnel relative to municipal activities. Except for purpose of
inquiry, the city council shall deal with the administrative services of the City
through the administrator, and neither the council nor its members shall give
orders directly to any subordinate of the city administrator. The city
administrator will keep the mayor informed and seek input on any action he
or she takes or will take.
The salary of the city administrator shall be established by ordinance.
FEB 1
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FEn 1(
ORDINANCE NO. 7698
An ordinance to amend Ordinance No. 7649 which classified the officers and employees of
the City of Grand Island,. and fixed ranges of compensation of such officers and employees; to
amend certaVl classifications in the General Schedule; to amend the Communications/Civil Defense
. schedule; to repeal those parts of Section 1 in conflict herewith; to amend Se,ction 2 to provide for
uniform allowance for certain personnel; to provide for the effective date of this ordinance; 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. Those parts of Section 1 of Ordinance No. 7649 pertaining to the
General Schedule and to Communications/Civil Defense Schedule be. and hereby are. amended to
read as follows:
1990-1991
SALARY SCHEDULES
CLASSIFICATION
PAY GRADE
MONTHLY PAY
RANGE ($)
HOURS/DA YS
WORK PERIOD
General Schedule
Accountant I
Acet Clerk I
Acct Clerk II
Acet Clerk III
Administrative Asst I
Administrative Asst II
Administrative Secretary
Asst. Cemetery Supt
Asst City Engineer
Asst City Attorney
Asst Director Data Proc
Asst Director Utility Ops
Asst Golf Course Supt
Asst Line Supt
Asst Plant Supt- WPCP
Asst Underground & Subst Supt
19
6
9
13
21
26
17
15
28
29
23
31
17
27
19
26
.
1621-2258
886-1161
1013-1406
1221-1702
1783-2481
2258-3161
1473-2052
1339-1869
2481-3478
2605-3650
1961-2733
2869-4025
1473-2052
2367-3316
1621-2258
2258-3161
40/7
40/7
40/7
40/7
Ineligible
Ineligible
40/7
40/7
Ineligible
Ineligible
Ineligible
Ineligible
Ineligible
40/7
40/7
40/7
JM~ ';: 0
,/
FEe. 4 1991
ORDINANCE NUMBER 7698
(Continued) Page 2
Asst Power Plant Supt-Operations 27 2367-3316 Ineligible
Asst Power Plant Supt-Maintenance 26 2258-3161 Ineligible
Asst Street Supt 19 1621-2258 40/7
Asst Water Supt 22 1869-2605 40/7
Attorney I 21 1783-2481 Ineligible
. Building Department Director 2052-3290 Ineligible
Building Inspector I 19 1621-2258 40/7
Business Manager 24 2052-2869 Ineligible
Cashier I 6 886-1161 40/7
Cashier II 7 924-1276 40/7
Cemetery Supt 22 1869-2605 Ineligible
Chief Building Official 25 2155-3013 Ineligible
Chief Power Dispatcher 21 1783-2481 Ineligible
Certified Sr Engineer Tech 20 1702-2367 40/7
City Administrator 3037-5142 Ineligible
City Attorney 3317-4603 Ineligible
City Clerk 1703-2368 Ineligible
City Treasurer 2860-4259 Ineligible
Civil Defense Deputy Director 14 1276-1783 40/7
Clerk II 5 850-1110 40/7
Clerk III 8 968-1339 40/7
Clerk Steno I 6 886-1161' 40/7
Clerk Steno II 10 1065-1473 40/7
Clerk Steno III 12 1161-1621 40/7
Clerk Typist II 5 850-1110 40/7
Clerk Typist III 7 924-1276 40/7
Communications-Civil Defense Dir 25 2155-3013 Ineligible
Communications Deputy Director 14 1276-1783 40/7
Community Development Coordntr 21 1783-2481 Ineligible
Community Development Director 2548~3637 Ineligible
Community Development Tech 17 1473-2052 40/7
Custodian I 6 886-1161 40/7
Custodian II 8 968-1339 40/7
Deputy City Attorney 25 2155-3013 Ineligible
Deputy City Treasurer 27 2367-3316 Ineligible
Deputy Director-Pub Works 27 2367-3316 Ineligible
Deputy Fire Chief 28 2481-3478 Ineligible
Deputy Police Chief 28 2481-3478 Ineligible
Director of Data Processing 2718-3803 Ineligible
Director of Utility Operations 2970-5086 Ineligible
Distribution Supt-Electric 29 2605-3650 Ineligible
Downtown Coordinator 1370-2750 Ineligible
Ele~trical Engineer II 24 2052-2869 Ineligible
Electrical Engineer III PE 31 2869-4025 Ineligible
Electrical Inspector 19 1621-2258 40/7
Engineer Aide I 11 1110-1547 40/7
"l\
.
FEB. 4 1991
ORDINANCE NUMBER 7698
(Continued)
Page 3
Engineer Aide II 15 1339-1869 40/7
Engineer Aide III 18 1547-2155 40/7
Engineer Aide IV 20 1702-2367 40/7
Engineer Assistant I 16 1406-1961 40/7
. Engineer Assistant II 19 1621-2258 40/7
Engineer Assistant III 23 1961-2733 40/7
Engineer I 25 2155-3013 Ineligible
Engineer II 27 2367-3316 Ineligible
Engineer III 29 2605-3650 Ineligible
Engineer III PE 29 2605-3650 Ineligible
Equipment Mechanic I 14 1276-1783 40/7
Equipment Mechanic II 16 1406-1961 40/7
Equipment Operator I 13 1221-1702 40/7
Executive Secretary 14 1276-1783 40/7
Fire Chief 2743-3839 Ineligible
Fire Marshall 27 2367-3316 Ineligible
Fire Training Officer 27 2367-3316 Ineligible
Foreman I 18 1547-2155 40/7
Foreman II 19 1621-2258 40/7
Golf Course Maintenance Worker 12 1161-1621 Ineligible
Golf Course Supt 1698-2736 Ineligible
Housing Inspector I 15 1339-1869 40/7
Lab Technician I 11 1110-1547 40/7
Lab Technician II 16 1406-1961 40/7
Lab Technologist 22 1869-2605 Ineligible
Landfill Attendant 8 968-1339 40/7
Legal Assistant 17 1473-2052 40/7
Legal Steno I 7 924-1276 40/7
Legal Steno II 10 1065-1473 40/7
Maintenance Worker I 10 1065-1473 40/7
Maintenance Worker II 13 1221-1702 40/7
Maintenance Worker III 14 1276-1783 40/7
Maintenance Mechanic I 14 1276-1783 40/7
Maintenance Mechanic II 18 1547-2155 40/7
Mechanics Helper 10 1065-1473 40/7
Meter Reader Supervisor 17 1473-2052 40/7
Meter Supt 23 1961-2733 Ineligible
Paramedic Supervisor 26 2258-3161 Ineligible
Park/Cern Maintenance Worker I 10 1065-1473 40/7
Park/Cern Maintenance Worker II 13 1221-1702 40/7
Park Maintenance Worker 10 1065-1473 40/7
Parks!Rec Director 2718-3803 Ineligible
Park Supt 23 1961-2733 Ineligible
Personnel Coordinator 2718-3803 Ineligible
Plant Operator I-WPCP 11 1110-1547 40/7
Plant Operator II-WPCP 14 1276-1783 40/7
.
.
.
fC:ES. 4
ORDINANCE NUMBER 7698
(Continued)
Page 4
Plant Op Chief III-WPCP
Plant Supt- WPCP
Plant Supt WPCP OpslEng
Plant Supt-Power .
Plumbing Inspector
Police Captain
. Police Chief
Power Plant Production Supt
Power Plant Supt-Burdick
Public Works Director
PurchasinglPersonnel Officer
Recreation Assistant
Recreation Supt
Shop Foreman
Shop Supt
Street Supt
Stores Supervisor
Underground & Substation Supt
Utilities Engineer Asst II
Utilities Engineer III
Utilities Engineer-Mechanical
Utility Worker I1Laborer
Utility Worker II
Water Supt
Worker/Seasonal
Workerrremporary
18
24
28
29
19
24
30
26
16
13
17
18
22
27
22
28
19
27
32
10
12
24
1547-2155
2052-2869
2481-3478
2605-3650
1621-2258
2052-2869
2871-4017
2733-3833
2258-3161
3573-5000
1406-1961
1221-1702
1473-2052
1547-2155
1869-2605
2367-3316
1869-2605
2481-3478
1621-2258
2367-3316
3013-4226
1065-1473
1161-1621
2052-2869
629-969
629-1123
40/7
Ineligible
Ineligible
Ineligible
40/7
Ineligible
Ineligible
. Ineligible
Ineligible
Ineligible
40/7
40/7
Ineligible
40/7
40/7
Ineligible
40/7
Ineligible
40/7
Ineligible
Ineligible
40/7
40/7
Ineligible
Ineligible
40/7
COMMUNICATIONS/CIVIL DEFENSE
Sr Communications Operator-EMD
Communications Operator-EMD
1169-1618
1117-1545
40/7
40/7
SECTION 2. That Section 2 of Ordinance No. 7649 be, and hereby is, amended to read
as follows:
SECTION 2. All full-time firefighters, police officers, ambulance attendants,
shop garage employees, Power Plant Electrician, Maintenance Man III-Power,
Maintenance Man IV-Power, Materials Handler, Materials Handler Foreman, and
Utility Technician II, shall be paid a clothing and uniform allowance which shall be
paid quarterly or bi-weekly, in addition to the regular salary to which such
employees are entitled. The range of this allowance is $6.00 to $70 per month.
Full-time police officers may reccivea reimbursement toward the purchase of body
.
e
FEa. 4 1991
ORDINANCE NUMBER 7698
(Continued)
Page 5
armour, not to exceed $240. If any such fire fighter, police officer, ambulance
attendant, or shop garage employee shall resign, or his or her employment
terminated for any reason whatsoever, he or she shall be paid clothing allowance on
a pro rata basis, but no allowance shall be made for a fraction of a month.
Utilities Department bargaining personnel, Meter Reader I, Meter Reader
II, Meter Reader Supervisor, Power Plant Superintendents, Assistant Power Plant
Superintendent, Line Superintendent, Assistant Line Superintendent, Water
Superintendent, Assistant water Superintendent, Underground and Substation
Superintendent, Assistant Underground and Substation Superintendent, and
Engineer I shall be eligible to participate in the voluntary uniform program
allowance up to $18.00 per month.
SECTION 3. Those parts of Sections 1 and 2 of Ordinance No. 7649 and any other
ordinance in conflict herewith, be, and the same are, hereby ~epealed.
SECfION 4. The amendments set forth ,in this ordinance shall be effective for the pay of
City employees as of the first pay period in February 1991.
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 Daily Independent as provided by
law.
Attest:
Enacted
February 4, 1991
_~c<~
Ernest L Dobesh, Mayor
.
.
FEB. 4 1991
ORDINANCE NO. 7697
An ordinance to amend Ordinance No. 7645, known as the 1990-1991
Annual Appropriation Ordinance of the City of Grand Island, and amended by Ordinance
No. 7661; to amend Section 2 to increase the appropriation for the Police Department; to
provide for severability; 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 Section 2, Public Health and Safety Fund, of Ordinance
No. 7645, amended by Ordinance No. 7661, be amended by increasing the Police
Department 160 appropriation by $24,000 to read $1,901,333, which makes the Total Health
and Safety Fund Appropriation read $4,813,709; such $24,000 shall be transferred from
General Pension/Salary Adjustments Fund 204 which shall read $1,135,500, making the Total
Employee Benefit Fund appropriation read $3,585.438.
SECTION 2. 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 Daily
Independent as provided by law.
Enacted February 4, 1991
~C{~
Ernest L. Dobesh, Mayor
Attest:
~).j.~~w
Muritta F. Czap ewski, City Clerk
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.
ORDINANCE NO. 7696
An ordinance directing and authorizing the conveyance of part of Lot 4, Block 141,
Union Pacific Railway Cos 2nd Addition to the 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 conveyanc'e; 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 JUAN CARLOS GARCIA and LORI GARCIA,
husband and wife, of the following described property:
The North 89 feet of Lot 4, Block 141, Union Pacific Railway
Cos 2nd Addition to the City of Grand Island, Nebraska,
is hereby authorized and directed.
SECTION 2. The consideration for such conveyance shall be One Dollar ($1.00).
Conveyance of the real estate above described shall be by special warranty deed, upon
delivery of the consideration, and the City of Grand Island will not furnish title insurance.
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 Daily 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
.
.
ORDINANCE NO. 7696 (Contd)
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.
SECfION 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 the said JUAN CARLOS GARCIA and LORI
GARCIA, husband and wife, 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.
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 Daily
Independent as provided by law.
Enacted
February 4, 1991
~~~~~
. Ernest L. Dobesh, ayor
Attest:
'fj
,!JtiJu7fu 4. ~~,h4J'
uritta F. Czaple i, City Clerk
'~fB. 4 1991
.
.
ORDINANCE NO. 7695
An ordinance creating Water Main District No. 395 in the City of Grand Island,
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
assessment of special taxes for constructing such water main; 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. 395 in the City of Grand Island, Nebraska, is
hereby created for the laying of a twelve inch water main with its appurtenances in Highway
2 from Diers Avenue west.
SECTION 2. The boundaries of such water main district shall be as follows:
Beginning.at the point of intersection between the easterly line of
Diers Avenue and the southerly right-of-way line of Highway 2;
thence N 730 24'W along the southerly right-of-way line of said
Highway 2 a distance of345.56 feet to a point on the easterly line
of the Northwest Quarter (NWv..), Section One (1), Township
Eleven (11) North, Range Ten (10) West of the 6th P.M.; thence
S 00 00' 00" E along the easterly line of said Northwest Quarter
(NWv..) a distance of 31.83 feet; thence N 730 41' 06" W along the
southerly right-of-way line of said Highway 2 a distance of 140.66
feet; thence S 00 00' 00" E along the westerly right-of-way line of
the City of Grand Island outfall ditch a distance of 382.8 feet to
the southerly line of said Northwest Quarter (NWv..); thence N
89034' 24" W along the southerly line of said Northwest Quarter
(NWv..) a distance of 335.0 feet to the Southeast corner of Bernt
Subdivision; thence N 00 00' 00" E along the easterly line of said
Bernt Subdivision and its extension a distance of 634.5 feet to a
point on the northerly right-of-way line of said Highway 2; thence
S 730 36' 29" E along the northerly right-of-way line of said
Highway 2 a distance of 870.8 fcet; thence S 16036' W a distance
of 120.0 feet to the point of beginning, as shown on the plat
marked Exhibit "A" attached hereto and incorporated herein by
reference.
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SECTION 3. Said improvements 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 water main shall be taken and contracts entered into in the manner provided by Jaw.
SECTION 4. The cost of construction of such improvements shall be assessed against
the property within such district abutting upon the streets wherein such water main has been
so placed to the extent of benefits to such property not to exceed the laying of an eight-inch
water main, by reason of such improvement, and a special tax shall be levied at one time to pay
.
.
FEB.
4 19Si
ORDINANCE NO. 7695 (Contd)
for such cost of construction as soon as can be ascertained; and such special tax and
assessments shall constitute a sinking fund for the payment of any warrants or bonds for the
purl'ose of paying the cost of such water main in such district; and such special assessments
shall be paid and collected either in a fund to be designated and known as the Sewer and
Water Extension Fund for Water Main District No. 395, or the Water Surplus Fund.
SECfrON 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.
SECfION 6. This ordinance, with the plat, is hereby directed to be filed in the office
of the Register of Deeds, Hall County, Nebraska.
SECfION 7. After passage, approval, and publication of this ordinance, notice of the
creation of said district shall be published in the Grand Island Daily Independent, a legal
newspaper published and of general circulation in said City, as provided by law.
Enacted February 4. 1991
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EXHIBIT "A"
CITY OF GRAND ISLAND
UTILITIES DEPARTMENT
PLAT TO ACCOMPANY
ORDINANCE NO. 7695
DRN. BY: K. J. M. SCALE: 1".100.
DATE: 1 /29/91 F lLE-Dl 5T. 39
.
.
FEe.
<1 1r}91
ORDINANCE NO. 7694
An ordinance assessing and levying a special tax to pay the cost of construction of
Sidewalk District No.1, 1990, of the City of Grand Island, Nebraska; providing that the
assessments shall be a lien on the property on which levied; providing for the collection of
such special tax; and repealing any provisions of the Grand Island City Code, ordinances
and parts of ordinances in conflict herewith.
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 and tracts
of land, specially benefitted, for the purpose of paying the cost of construction of Sidewalk
District No.1, 1990, as adjudged by the City Council, sitting as a Board of Equalization,
to the extent of benefits accruing thereto by reason of such 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 and tracts of land as follows:
descriptions as follows:
NAME DESCRIPTION.
Dolores Berger E71.42' Lot 7, West Spelts-Schultz
Brentwood Development Co
Lot 1, Blk 1, Brentwood Second
Harry & Janie Hoch Lot 3, Heritage Acres
Frank Kolar S75'E1/z B1k 11, Pleasant Home
Overland National Bank LotI, Labelindo Second
Beverly Coker E88' of S80', Blk 7, Pleasant Home
Ronald G & Michel D Kuhn
Lot 11, B1k 1, Better Homes
Timothy & Mary Margritz Pt of SEl,4NEl,4, Sec 21-11-9
Charles & Louise Barrett Lot 5, Blk 8, South Grand Island
Blair Hines Lot 171, Buena Vista
AMOUNT
$290.22
$1,051.63
$676.05
$609.4 7
$1,655.98
$1,280.40
$1,160.90
$1,093.47
$173.28
$892.01
SECTION 2. The special taxes shall become delinquent as follows: One-seventh
of the total assessment shall become delinquent in ten days after such levy; one-seventh in
one year; one-seventh in two years; one-seventh in three years; one-seventh in four years;
one-seventh in five years; one-seventh in six years; provided, however, the entire amount
so assessed and levied against each lot or tract ofland may be paid within ten days from
the date of this levy without interest, and the lien of special tax thereby satisfied and
released. Each such installment, except the first, shall draw interest at the rate of seven
percent per annum from the time ,Of levy until the same shall become deli~~e~ ~~~ i
" JAN () L\ il
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FtU. 4 1991
.
.
ORDINANCE NO. 7694 (Contd)
the same shall become delinquent, interest at the rate of 14% per annum shall be paid
thereon.
SECfION 3. The Treasurer of the City of Grand Island is hereby directed to collect
the amount of said taxes herein set forth as provided by law.
SECfION 4. Such special assessments shall be paid into a fund to be designated
as the "Sidewalk Fund" for Sidewalk District No.1, 1990.
SECfION 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.
SECfION 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 Daily
. Independent as provided by law.
Enacted
February 4. 1991
/~~~----
Ernest L. Dobesh, Mayor
Attest:
2
.
.
,JAN. 2 1
ORDINANCE NO. 7693
An ordinance directing and authorizing the conveyance of Lot 4, Chateau Orleans
Third Subdivision in the 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 FRANK E. KOLAR of Lot 4, Chateau Orleans
Third Subdivision in the City of Grand Island, Hall County, Nebraska, is hereby authorized
and directed.
SECTION 2. The consideration for such conveyance shall be Six Thousand Dollars
($6,000.00). Conveyance of the real estate above described shall be by deed, upon delivery
of the consideration. The Grantee shall pay the 1990 and any prior years general real
estate taxes, and the taxes for 1991 shall be prorated to date of possession. The cost of
the title insurance policy shall be paid one-half by the Buyer and one-half by the Seller.
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 Daily 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.
SECfION 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
.. ",'."-;-~.;~,':,:""",.~.,..~,,~,~~,,;'~.~';-:;;:;~~:,~:,,;:
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J JAN 1 G '199'1
L~l DEPARTMENT
.
.
JAN. 2 1 1991
ORDINANCE NO. 7693 (Contd)
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.
SECfION 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 FRANK E. KOLAR a deed for said real estate,
and the execution of such deed is hereby authorized without further action on behalf of the
City Council.
SECfION 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 Daily
Independent, as provided by law.
Enacted ~A~ CJ./, 1911
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· rnest L. Dobesh"; Mayor
A TIEST: