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1983 Ordinances . t J ORDINANCE NO. 6880 An ordinance creating Water Main District No. 354 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. 354 in the City of Grand Island, Nebraska, is hereby created for the laying of a six-inch water main in Stolley Park Circle north of Stolley Park Road to serve Park Gardens Subdivision. SECTION 2. The boundaries of such water main district shall be as follows: Beginning at a point forty (40) feet North of the Southwest corner of Section Twenty-one (21), Township Eleven (11) North, Range Nine (9) West of the Sixth P.M., in the City of Grand Island, Hall County, Nebraska, said point also being the South- west corner of Lot One (1), Park Gardens Subdivision; thence proceeding northerly along the West line of Park Gardens Sub- division for a distance of 498 feet to the Northwest corner of Park Gardens Subdivision; thence deflecting right along the North line of Park Gardens Subdivision for a distance of 422.2 feet to the Northeast corner of Park Gardens Subdivision; thence deflecting right along the East line of Park Gardens Subdivision for a distance of 498.3 feet to the Southeast corner of Park Gardens Subdivision; thence deflecting right along the South line of Park Gardens Subdivision for a distance of 181.1 feet; thence deflecting left along the prolongation of the east line of Stolley Park Circle for a distance of 80 feet; thence deflect- ing right along the South line of Stolley Park Road for a distance of 60 feet; thence deflecting right along the prolong- ation of the West line of Stolley Park Circle for a distance of 80 feet; thence deflecting left along the South line of Park Gardens Subdivision for a distance of 181.1 feet to the point of beginning, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. ::!E l- e.:: Z 0 N lIJ u.. co :2: ~ ~ f- 0:: <:"-1 <( ~.:. 0- w U 0 W -l Cl <( <.? w -l . SECTION 3. Said improvements shall be made in accordance with plans and specifi- cations prepared by the Engineer for the City who shall estimate the cost thereof, and submit the same to the City Council, and up 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 water main has been so placed to the extent of benefits to such property, by reason of such improvement, and a special tax shall be levied at one time to pay for such cost of construction as soon as can be ascertained; 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. 354, 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 iaw. .-- -~ . . . I c.J ORDINANCE NO. 6880 (Contd) 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 "3 .H~ N 83 A~"f~~~ ty er WATER DISTRICT NO. 354 I EXHIBIT'~' CITY OF GRAND ISLAND,NEBR. ENGINEERING DEPARTMENT I PLAT TO ACCOMPANY ORDINANCEl . NO. 68!iQ _ r SCALE 1":100' P.E.S. 121l1/821 ORDINANCE NO. 6881 . An ordinance directing and authorizing the conveyance of a tract of land in Meadowlark West Subdivision, 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 Robert M. Allen of the following described tract of land in Hall County, Nebraska: A tract of land located in Meadowlark West 2nd Sub- division, an Addition to Grand Island, Nebraska, more parti- cularly described as follows: A tract of land one hundred eighty-five (185) feet in width fronting on the south side of 13th Street, and being the West one hundred eighty-five (185) feet of the East five hundred forty (540) feet of Meadowlark West 2nd Sub- division, said tract comprising a part of Lot Four (4) being in Meadowlark West 2nd Subdivision, containing 84,175 square feet, or 1.9 acres, more or less, as shown on Exhibit "A" dated 12/30/82, attached hereto and incorp- orated herein by reference; is hereby authorized and directed. SECTION 2. The consideration for such conveyance shall be One Dollar ($1.00) and an exchange of property. Conveyance of the real estate above described shall be by quitclaim deed, upon delivery of the consideration, and the City of Grand Island will not furnish an abstract of title. 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 the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said Robert M. Allen, a quitclaim deed . . . ORDINANCE NO. 6881 (Contd) 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 Indepen- dent, as provided by law. Enacted 3. ...1 (~N e.3 ArrEST: Jf4d{~ C~ty er --- - 2 - .., I j ! yJt\ , r <E. \ tt N \- ~ ~ ~ ~ ~ . <f) ::i NOR\\'\ UN€. S€.C\\ON \7>-\\-\0 S'TR -\C'I -- 45 - 0 ~ d 0 , (X: 355 , _{t\45 ~~~~ o. \ 0 ~ t\"' . 4Z::: \ -~ ~ - \85 5 f> \j;.l (/) uJ -z. - ..l "?> . \- l!l ~ ~ \C'I u.l q- q- ~-0<O' \8S' \ \(0 \"" \JJ - ~ .~ '2.00 GO 2- 0 \ 0 \C'I ~. ('J zoo" Gd ~~~ . 5)O~ ~~ty:. 7S' . 4 '1" ~~ , \ \ 9 G .45 ~ iR/l.Ci COl'l'if-'/E.O iO ROBE.Ri 1<1. /l.1J-E.l'l E)(. r\\ a \1' "tr CII'/ Or G\</l.ND \S\.../l.N~ ENG\N€.ER\NG ~ ~ L--:::~ " \ n.C sCAL€. \ :: 200 .L.v.. ~ ORDINANCE NO. 6882 . An ordinance assessing and levying a special tax to pay the cost of construction of Street Improvement District No. 1017 of the City of Grand Island, Nebraska; provid- ing 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 cost of con- struction of said Street Improvement District No. 1017, 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 improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: NAME DESCRIPTION AMOUNT Frank D. Gion Part of NEtNWt Sec 22-11-9 described as beginning at a point on the East line of Vine Street and 15 feet North of the Northwest corner of Lot 1, Block 6, Claussen's Country View Addition; thence North on the East. line of Vine Street a distance of 92 feet; thence East parallel to the North line of said Lot 1 ~o the West line of McShannon Subdivision; thence South on the West line of McShannon Subdivision a distance of 92 feet; thence West parallel to the North line of said Lot 1, Block 6, Claussen's Country View Addition~ to the point of beginning $210.25 ~ Ck: ft o ~I ~ .... Z LU ~ t- a:: q;: 0- LU o .oJ -< C LU -I Roger L. and Sharon K. McShannon Part of NEtNWt Sec 22-11-9 described as beginning at the Northwest corner of Lot 1, Block 6, Claussen's Country View Addition; thence North on the East line of Vince Street a distance of 15 feet; thence East parallel to the North line of said Lot 1 a distance of 100.7 feet; thence South on the northerly prolongation of the East line of said Lot 1 a distance of 15 feet; thence West on the North line of said Lot 1 a distance of 100.7 feet to the point of beginning $58.94 Roger L. and Sharon K. McShannon Lot 1 Blk 6 Claussen's Country View 411 .08 Roger L. and Sharon K. McShannon 2 6 Claussen's Country View 850.68 Carl and Edna Stueven 3 6 Claussen's Country View 1740.27 Charle s J. and Rose Jones 1 7 Claussen's Country View 1807.10 Robert J. and Mary L. Baker 2 7 Claussen's Country View 848.53 Ronnie D. and Virginia M. Nielsen 3 7 Claussen's Country View 391. 77 Albert M. and Claudia M. Carraher N1' 4 7 Claussen's Country View 6.59 Roger L. and Sharon K. McShannon 1 McShannon 7359.53 Roger L. and Sharon K. McShannon 2 McShannon 4036.22 Roger L. and Sharon K. McShannon 3 McShannon 2975.34 Roger L. and Sharon K. McShannon 4 McShannon 4189.52 Roger L. and Sharon K. McShannon 5 McShannon 4086.53 Roger L. and Sharon K. McShannon 6 McShannon 2513.25 e Roger L. and Sharon K. McShannon 7 McShannon 2545.16 Roger L. and Sharon K. McShannon 8 McShannon 2545.16 Roger L. and Sharon K. McShannon 9 McShannon 2544.88 Roger L. and Sharon K. McShannon 10 McShannon 2544.61 Roger L. and Sharon K. NcShannon 11 McShannon 21+33.49 Roger L. and Sharon K. McShannon 12 McShannon 3738.82 Roger L. and Sharon K. McShannon 13 McShannon 4358.26 . e ORDINANCE NO. 6882 (Contd) Roger L. and Sharon K. McShannon Roger L. and Sharon K. McShannon 14 15 McShannon McShannon 4052.99 6825.81 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 per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as pro- vided by law. SECTION 4. Such special assessments shall be paid into a fund to be desig- nated as the "Paving Fund" for Street Improvement District No. 1017. 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 /7 -,fiA/vl1/CY 83. ~ P 1 er - 2 - ~ I ff , ORDINANCE NO. 6883 An ordinance to repeal Ordinance No. 6878 pertaining to Street Improvement District No. 1025, and to provide the e effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Ordinance No. 6878 which created Street Improvement District No. 1025 for the improvement of Twentieth Street from the east line of Lot 16, Geer Sub- division, to the west line of Illinois Avenue, lying north of Twentieth Street, be, and hereby is, repealed. 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 Independ- ent, as by law provided. Enacted ~ 7JQ..,u#it""r Y$. ATTEST: r~z; Mayor 62f/7~L Cify Clerk e I I 1 i l APPRO~S TO FORM JAN 1 0 LEGAL DEPARTMENT . e ORDINANCE NO. 6884 An ordinance rezoning a certain area within the City of Grand Island and within its zoning jurisdiction; changing the classification of such tract from TA-Transitional Agriculture to M2-Heavy Manufacturing zone classification; 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 January 5, 1983, recommended approval of 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 January 17, 1983, 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 the following described property in the City of Grand Island, Hall County, Nebraska, to wit: A tract of land described as the East Half of the North- west Quarter of the Northeast Quarter of the Northwest Quarter (E~NW~NE~NW~), and the Northeast Quarter of the Northeast Quarter of the Northwest Quarter (NEtNEtNWt) of Section Four (4), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, be rezoned and reclassified and changed to M2-Heavy Manufacturing 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 Planning Commission and the City Council of the City of Grand Island are hereby accepted, adopted, and made a part of this ordinance. ORDINANCE NO. 6884 (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 such 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 provid- ed by law. Enacted 3\-../ti..'tlva.l"f {'l(3. Mayor ATTEST: 4J{4:~~ . - 2 - " ORDINANCE NO. 6885 e An ordinance assessing and levying a special tax to pay the cost of construction of Sidewalk District No.1, 1982, 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 benefited, for the purpose of paying the cost of construction of Sidewalk District No.1, 1982, 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 construct- ion is hereby levied at one time upon such lots and tracts of land as follows: NAME LOT BLOCK ADDITION AMOUNT Edward S. Cummings Geraldine Moeller, Gary and Donald J. Alfonsi Miles B. and Hazel Mary John R. and Mary Dawson Susan A. Hesselgesser East 1/3 3 81 Original Town L. Carothers, Center 1/3 3 81 Original Town Martin 10 24 Russel Wheeler's Hall 4 13 Schimmer's A tract of land comprising a part of the Northwest Quarter (NW~) of Section Twenty-one (21), Township Elev~n (11) North, Range Nine (9) West of the 6th P.M., in Hall County, Nebraska, more particularly described as follows: Beginning at the Southwest corner of the Southeast Quarter of the Northwest Quarter (SE~NW~) (as laid out by County Surveyor Baldwin in 1890 and since used as such); thence running easterly along and upon the South line of said North- west Quarter (NW~) a distance of two hundred twenty-five and seventeen hundredths (225.17) feet to the inter- section with the northerly line of the C. B. & Q. RR. Belt Line; thence north- easterly along and upon said northerly line of the C. B. & Q. RR. Belt Line a distance of four hundred eighty-eight and forty-seven hundredths (488.47) feet; thence southeasterly perpendicular to the last described course a distance of twenty-five (25) feet; thence north- easterly along and upon said northerly line of the C. B. & Q. RR. Belt line a distance of one hundred ninety-four (194) feet; thence deflecting left 890 34' and running northwesterly a distance of three hundred fifty-three and seven tenths (353.7) feet to a point three hundred (300) feet South of the south- erly line of Anna Street in the City of Grand Island, Nebraska; thence running southwesterly parallel to said South line of Anna Street a distance of four hundred fifty-seven and thirteen hundredths b457.13) feet; thence deflect- ing left 90 DO' and running southeast- erly a distance of twenty-five (25) feet; thence running southwesterly parallel to said South line of Anna Street a distance of three hundred six- teen and sixty-four hundredths (316.64) $834.23 834.23 523.49 65.97 . td ..~ .yjl _,,, '" to; ';4.- e e ". ORDINANCE NO. 6885 (Contd) feet to the West line of said Southeast Quarter of the Northwest Quarter (SE\NW\I; thence southerly along and upon the West line of said Southeast Quarter of the Northwest Quarter (SE\NW\) a distance of two hundred twenty-six and thirty-two hundredths (226.32) feet to the place of beginning, and containing 6.086 acres, more or less. $1,063.04 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 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 three-fourths of one percent per month shall be paid thereon. SECTION 3. The Clerk-Finance Director 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, 1982. 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. Enacted3t ..J Ci...V1 u "'" </{ (q 83 . ATTEST~~& ~~ City C er Y~/jL' 'ria, Mayo, - 2 - ORDINANCE NO. 6886 . An ordinance levying a special tax to pay the cost to the City of Cutting, destroy- ing, and removing weeds and other rank and noxious vegetation, pursuant to Sections 15-45 and 15-49 of the Grand Island City Code upon certain lots, tracts, and parcels of land; providing for the collection thereof; and repealing ordinances or parts of ordinances or ~rovisions in th~ 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 sitt~ng as a Board of Equalization after due notice thereof, in the following amounts: NAME Lot BLOCK ADDITION AMOUNT Dean R. Erickson, Harold G. Arehart, and Thomas D. Erickson 7 2 Dickey Third $50.00 Erickson Family Partnership 1, 2, 3 Bels Second 45.00 Justine Eugene and Fern E. Parker Part of 7 Norwood 43.75 Darr Avenue Partnership Ltd, 1, 2, 3, 4 3 Packer & Barr's 50.00 Danny L. and Deborah L. Lawrence 1 31 Russel .Wheeler' s 55.00 LaDod sM. Jose 8 5 Packer & Barr's 45.00 Dean R. Erickson, Harold G. Arehart, and Thomas D. Erickson 7 2 Dickey Third 55.00 LaMoine I. Hoagland 9 10 Evans 35.00 Martin A. and Sarah L. Bray 8 11 Evans, and W~ 9 11 Evans 45.00 Erickson Family Partnership 1, 2, 3 Bels Second 65.00 Grand Island Finance Company 11 2 Dill & Huston's, and W~ 12 2 Dill & Huston's 45.00 Hanover Grand Inc. 2, 3, 4 Fonner Second 160.00 Roadrunner Development Inc. 9-16 1 Roush 12-18 2 Roush 1-8 5 Roush 1-8 6 Roush 412.50 Equitable Bldg & Loan Association EI00' 1 A Parkview 153.00 Home Federal Savings & Loan 11 5 Koehler Place 50.00 James C. and Arlene A. Cook 7 2 Valley View 45.00 First Denver Mortgage Co. 7 2 Wiebes 50.00 Michael H. and Connie K. Riggins 4 5 Koehler Place 50.00 Husky Oil Company 1-2 1 Tucker 40.00 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 and shall bear interest at the rate of seven per cent per annum from the date they become delin- quent, and the same shall be collected in the same manner as other city taxes. SECTION 3. Such special taxes shall be collected by the clerk-finance director of the City of Grand Island, Nebraska, as provided by law. SECTION 4. Such special taxes, if not previously paid, shall be certified to the county clerk at the same time as the next certification for general revenue purposes. e APPROVED.AS TO FORM (/r.- (14' JAN 3 1 1983 lEGAL DEPARTMENT . e ORDINANCE NO. 6886 (Contd) SECTION 5. Such special taxes, when received, shall be app~ied to reimburse the Engineering Department Account No. 121-6307, 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 /4 F~trv(A"'183. ATTES~ ~r./ #~1ty C er a,~~ / -- Robeh L. Kri~, Mayor -- . l~ .... g ~,\, 0\\4 I . l"'") <Xl en ...... co CXl \..&.J ~ ORDINANCE NO. 6887 An ordinance directing and authorizing the conveyance of Lot Twelve (12), Block Seventeen (17), College Addition to West Lawn in the City of Grand Island; 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 Elrod-Woolworth Co., Inc., a Nebraska corporation, of Lot Twelve (12), Block Seventeen (17), College Addition to West Lawn in the City of Grand Island, Hall County, Nebraska, is hereby authorized and directed. SECTION 2. The consideration for such conveyance shall be One Thousand Seven Hundred Dollars ($1,700.00). Conveyance of the real estate above described shall be by special warranty deed, upon delJvery of the consideration, and the City of Grand Island will 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 t- Z IJJ :!: I- 0:: <C Q. UJ. o ~ C) au ..J and instructed to prepare and publish such notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by legal electors of the City of Grand Island equal in number to thirty percent of the electors of the City of Grand Island voting at the last regular municipal election held in such City be filed with the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said Elrod-Woolworth Co., Inc., a Nebraska corporation, 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 Indepen- dent, as provided by law. Enacted /9reB 8.3 ATTEST: ~~4- c::::k ~// / "Ko ~ t~.Kriz, // / Hayor . . ORDINANCE. NO. 6888 An ordinance to amend Section 36-30A of the Grand Islahd City Code pertaining to Flood Hazard regulation; to repeal the original Section 36-30A and all other code sections and ordinances in conflict herewith; to provide a penalty; and to provide the effective date of this ordinance: NOW, THEREFORE, .BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 36-30A of the Grand Island City Code is hereby amended ~o read as follows: Sec. 36-30A. FLOOD HAZARD ZONE (Al purgose: It is the purpose of this section to recognize that certain areas wit in the jurisdiction of the City of Grand Island are subject to periodic inundation which adversely affects public health, safety and welfare of the area, and to provide the public with information concerning this surface water hazard. Flood losses are caused by the cumulative effect of obstructions in floodways and by occupancy of flood hazard areas by uses vulnerable to flooding conditions due to inadequate elevation or flood protection. In order to mini- mize future flood loses, this section will establish special standards to provide for flood protection as herein required and to assure that continued eligibility is maintained for the National Flood Insurance Program. This section is in compliance with the National Flood Insurance Program Regulations as published in the Federal Register, Volume 41, Numb9r 207, dated October 26, 1976, and the 1967 Nebraska Flood Plains Regulations Act. ( B) Definitions: The following definitions are provided in order to give common meaning and usage for this section and so as to giv~ this section its most reasonable application: ACTUARIAL RATES or "RISK PREMIUM RATES" are those rates established by the Federal Insurance Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with 42 U.S.C. 4014 and the accepted actuarial principles. Actuarial rates include provisions for operating costs and allowances. CHANNEL A natural or artificial watercourse of perceptible extent, with a definite bed and banks to confine and conduct con- tinuously or periodically flowing water. Channel flow, thus, is that water which is flowing within the limits of a defined channel. CO~IISSION FLOOD WAY See Floodway Fringe definition. COMMUNITY Any state or area or political subdivision thereof which has authority to adopt and enforce flood plain management regulations for the areas within its jurisdiction. DEVELOPMENT Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. FLOOD ELEVATION DETERMINATIONS A determination of the water surface elevations of the lOO-year flood; that is, the level of flooding that has a one percent chance of occurrence in any given year. FLOOD INSURANCE RATE MAP (FIR~I) An official map of a community, on which a Flood Insurance Study of the Natural Flood Insurance Program has delineated the Flood Hazard Boundaries and the zones establishing insurance rates applicable to the community. APPROVED AS TO FORM \~1__ FEB 10 1983 LEGAL DEPARTMENT . FLOOD PLAIN STUDY FLOOD PLAIN MANAGE:-'!ENT FLOOD PROTECTION SYSTEM FLOOD PROOFING FLOODHAY (FI.J) FLOOD\~AY FRINGE (FF) HIGHEST ADJACENT GRADE NEI.J CONSTRUCTION OVERLAY DISTRICT REGULATOR FLOOD ELEVATION REGULATORY FLOOD PROTECTION ELEVATION SELECTED FLOODWAY SUBSTANTIAL IMPROVEMENT . ORDINANCE NO. 6888 (Contd) The official report containing flood profiles, water sur- face elevations and delineation of the floodway (FW) and floodway fringe (FF) areas of the 100-year flood plain. This study is provided by the Federal Insurance Adminis- tration, Flood Insurance Study, and10r the Nebraska Natural Resources Commission, Flood Plain Study. The operation of an overall program of corrective and pre- ventive measures for reducing flood damage, including but not limited to emergency preparedness plan, flood control works, and flood plain management regulations. Those physical structural works constructed specifically to modify flooding in order to red'Ke the extent of the area \.Jithin a cOliununity subject to a "special flood hazard". Such a system typically includes levees or dikes. These specialized modifying works are those constructed in conformance with sound federal and state engineerin~ standards. ' , . Any combination of structural and non-structural additions, changes or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water. Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy resulting from one foot above the 100- year frequency flood and shall be designed so that minimal structural damage will occur if this design is exceeded. The channel of a river or other watercourse and the adja- cent portion of the flood plain that must be reserveJ in order to discharge the 100-year flood without cumulatively increasing the water surface el.evation more than one foot at any point, assuming equal conveyance reduction outsLJc the channel from the two sides of the flood plain; also referred to as the SEL~CTED FLOODWAY. That area of the flood plain, outside of the floodway, that on the average is likely to be flooded once every 100 years (i.e., that has a one percent chance of flood occurrence in anyone year); also referred to as the COMMISSION FLOODWAY. The highest natural elevation of the ground surface prior' to construction next to the proposed walls of a structure. New construction means those structures where new construction or substantial improvement of which is begun after December 31, 1974, or the effective date of the official Flood Plain Study, whichever is later. A district which acts in conjunction with the underlying zoning district or districts. Elevation indicated in the official flood plain study as the elevation of the 100-year flood. An elevation one foot higher than the water surface elevation of the regulatory flood. See FLOODWAY definition. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure, either, (a) before the improvemen~ is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improve- ment" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration afeects the external dimensions of the structure. The term does not, however, include any alteration to comply with existing state or local health, sanitary, building, or safety codes or regulations. ORDINANCE, NO. 6888 (Contd) . (C) Methodolgy: This section uses a reasonable method of analyzing flood hazards which consists of a series of interrelated steps: (1) Selection of a regulatory flood which is based upon engineering calcu- lations which permit a consideration of such flood'factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The regulatory flood selected for this ordinance is representative of large. floods which are reasonably characteristic of what can be expected to occur on the particular streams subject to this ordinance. It is in the general order of a flood which could be expected to have a one percent (1%) chance of occurrence in any one year as delineated in the official flood plain study and illustrative materials dated September 2, 1982, as amended. (2) Calculation of water surface pr6files based upon a hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood. (3) Computation of the floodway required to convey this flood without increasing flood heights more than 1 foot at any point. (4) Delineation of floodway encroachment lines within which no obstrllction is permitted which would cause any increase in flood height. (5) Delineation of floodway fringe, i.e., that area outside the floodway encroachment lines but which still is subject to inundation by the regu- latory flood. (D) Jurisdiction: The jurisdiction of this section shall be as stated in this ordinance and for which there is hereby adopted the maps entitled, "flood Boundary and Floodway Map" for Grand Island, Nebraska, from the Federal Emer- gency Management Agency and dated March 2, 1983, and as said map may be amended from time to time by letters of Map Amendment from fEMA. In addition, upon annexation of land which results in the extension of the one-mile jurisdict- ional area, any lands previously within the Hall County Floodway Fringe or Floodway shall be recognized and enforced similarly by the City of Grand Island under the same designations and delineations until an amended map is provided by the Federal Emergency Management Agency. In all areas covered by this section, no development shall be permitted except by permit to develo~ granted by the governing body or its duly designated enforcement officers under such safeguards and restrictions as hereinafter set Eorth'for the promotion and maintenance of the general welfare, health and safety of the inhabitants within the jurisdiction of the City. (E) Administration: The City Administrator or his designated appointee shall be the official enforcement officer of the City to administer and implement the provisions of this section. Duties of the enforcement officer shall include, but not be limited to: (1) Review all development permits to assure that sites are reasonably safe from flooding and that the permit requirements of this ordinance have been satisfied. (2) Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state, or local govern- mental agencies from which prior approval is required. (3) Notify adjacent communities and the Nebraska Natural Resources Commission Flood Plain Management Section prior to any alteration or relocation of a watercourse, and shall submit evidence of such notification to the Federal Insurance Administration when participating in the National Flood Insurance Program. (4) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. . (5) Require verification of the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substant- ially improved structures by a licensed professional engineer, architect, or surveyor, prior to issuing a certificate of occupancy for such structures. - 3 - ORDINANCE. NO. 6888 (Contd) . (6) Require verification of the actual elevation (in relation to mean sea level) to which new or substantially improved structures have been flood- proofed by the contractor, licensed professional engineer, or architect responsible for said floodproofing, prior to issuing a certificate of occupancy for such structures. (7) Require certification of floodproofing wherever floodproofing is utilized on a Dew or substantially improved structure, from a licensed professional engineer or architect. (F) Permit: .No person, firm, or corporation shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate permit for development for each development as defined herein. To obtain a permit, the applicant shall file an application in writing on a form furnished for that purpose. The application shall: (1) Identify and describe the work to be covered by the permit. (2) Describe the land on which the proposed work is to be dbne by 'lot, block tract, and house and street address, or similar description that will readily identify and definitely locate the proposed building or work. (3) Indicate the use or occupancy for which the proposed work is intended. (4) Be accompanied by plans and specifications for proposed construction. (5) Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority. (6) Give such other information as reasonably may be. required by the enforce- ment officer. (G) Disclaimer of Liability: The degree of flood prote.ceLon required by this section is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by marunade or natural causes, such as ice jams or bridge openingsrestricteJ by debris. This section does not imply that areas outside floodway and floodway fringe district boundaries or land uses within such districts will be free from flooding or flood dama~es. This section shall not create liability on the part of the City of Grand Island or any officer or employee thereof for any flood damages that may result from reliance on this section or any administrative decision lm,1fully made there- under. (H) Establishment of Flood Hazard Districts: The mapped flood hazard areas within the jurisdiction at the City are hereby divided into two districts: a floodway overlay district and a floodway fringe overlay district identified in the Flood Insurance Study on the maps entitled, "Flood Boundary and Flooch,1ay ~lap". Within these districts all uses are meeting the standards of this section and of those uses not listed in the underlying zoning district shall be prohibited. These districts shall be consistent with the numbered and unnumbered A zones as identified on the official FIRM when identified in the Flood Insurance Study as provided by the Federal Insurance Administration. (I ) the to the following (1) All applications for building permits for major repairs shall assure utilization of construction materials and utility equipment that are resistant to flood damage and utilize construction metnods and practices that will minimize flood damage; (2) All new construction, subdivision proposals, substantial'improvements, prefabricated buildings, placement of mobile homes, and other. developm~nts shall be designed and anchored to prevent flotation, collapse or lateral movement of the structur~ due to flooding; . - if - . . ORDINANCE NO. 6888 (Contd) (3 ) All utility and sanitary facilities shall be elevated or floodproofed to a minimum of one (1) foot above the elevation of the 100 year flood plain; All new or replacement water and/or sanitary sewer systems shall be designed and constructed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into the flood waters, and on-site waste disposal systems shall be located to avoid impairment or contamination during flooding; (4) ( 5) All new construction or substantial improvements of existing structures shall have the lowest floor, including basements, elevated to a minimum of one (1) foot above the elevatioR of the 100 year flood plain, or together with attendant utility and sanitary facilities, be floodproofed to a minimum of one (1) .foot above the elevation of the 100 year flood plain. Uninhabited garage floors shall be a~ the elevation of the 100 year flood plain or higher. The floodproofing method shall be certified.by a profess- ional registered engineer or architect; (6 ) The storage or processing of materials and equipment that are in time of flooding buoyant, flammable, explosive or potentially injurious to human, plant, or animal life, shall be prohibited. Storage or processing of other materials and equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation, or if readily removable from the area within time available after flood vJarning; ( 7) All new mobile home parks, mobile home subdivisions, or expansions of the same and for new mobile homes not in a mobilp home park and for exist- ing mobile home parks where the repair, reconstruction or improvement of streets, utilities and pads equals or exceeds 50 percent of the value of such improvements before the repair, reconstruction or improvement has commenced, it is required that: (a) over-the-top ties be provided at each of the four corners of the mobile home with two additional ties per side at the intermediate locations and mobile homes less than 50 feet long requiring one additional tie per side; (b) frame ties be provided at each corner.of the mobile home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side; (c) all components of the anchoring system shall be capable of carrying a force of 4,800 pounds; (d) any additions to mobile homes shall be similarly anchored; (e) stands or lots are elevated on compacted fill or piers so that the lo\.est floor of the structure will be at a minimum of one (1) fact above the elevation of the 100 year flood; (f) adequate surface drainge and easy access for a hauler is provided; (g) in the instance of elevation on piers, lots are large enough to permit steps, pier foundations are placed on stable soil no more than ten (10) feet apart and steel reinforcement is provided for piers more than six (6) feet high; (8) All new subdivision proposals and other proposed new development shall be required to assure that: (a) all such proposals are consistent with the need to minimize flood damage; (b) all public utilities and facilities, such as sewer, gas, electrical and water systems ar~ located, elevated or constructed to minimize or eliminate flood damage; - 5 - ORDINANCE NO. 6888 (Contd) . (e) adequate drainage is provided so as to reduce exposure to flood hazards; (d) proposals for developments of five (5) acres, or fifty (50) lots, whichever is lesser, shall include with such proposals the 100 year flood elevation data. (J) Standards [or Floodwav Overlay District: Only uses having a low flood damage potential and not obstructing tlood tlows shall be permitted within the flooj- way, provided, they are permitted in the underlying zoning district, and provided, they do not require structures, fill, or stora~e of materials or equipment. No use shall increase the elevation of the 100 year flood for t~c reach in whi~h the proposed"use is l@cated. The following uses shall be permitted in' the Floodway unless otherwise prohibited by the underlying zoning district or-other sections of the ordinance: (1) Agricultural ~ses such as general farmin~, pasture, nurseries .and forestry; (2) Residential uses such as lawns, gardens, parking, and play areas; (~) Non-residential uses such as loading areas, parking, and airport landing strips; (4) Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife and nature preserves. (K) Variances: The fbllowing guidelines shall be considered by the Board of Adjustment when considering appeals from the requirements of the floodway fringe and floodway standards, provided further, that the reconstruction, rehab-' ilitation or restoration of structures listed on the National ~egister of Historic Places or a State Inventory of Historic praces may be granted a variance without regard to the guidelines: (1) variances may not be granted within any designated Eloodway if any increase in flood levels during the base flood discharge would result; (2) variances may be issued for new construction and substantial improvelncnts to be erected on a lot of one-half acre or. less' in size contLguous to and surrounded by lots with existing structures constructed below the base flood level; (3) variances shall only be issued upon showing of a good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship to the applicant, and a determination that the granting of a variance will not result in increased flood heights, addi- tional threats to public safety, extraordinary public expense, create nuisances, cquse fraud on or victimization of the public, or conflict Ivith other local laws or ordinances; (4) variances'shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; (5) the applicant shall be notified in writing, over the signature of the secretary of" the board, that the issuance of a variance to construct a structure belDlv the base flood level will result in increased premium rates for flood insurance UD to amounts oE $25 per S100 oE insurance cover- age and that such construction below the base Eiood level increases risks to life and property. A coPy of such notification shall be maintained as a part of the record for all variance actions; (6) records of all variance actions under this section shall be maintained, including justification for their issuance and shall be reported in the annual report to the Federal Emergency Management Agency. . SECTIO~ 2. That the original Section 36-30A of the Grand Island City Code as hereto- fore existing is hereby repealed. - 6 - e e ORDINANce NO. 6888 (Contd) SECTION 3. Any person violating any provisions of this ordinance shall be punished in accordance with the general penalty provisions of Section 1-7 of the Grand Island City Code. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent, and op March 2, 1983. Enacted /~ h; 83. ATTEST~ ~ lty ere ~~~Kri~, Mayo< ,/ - 7 - ORDINANCE NO. 6889 An ordinance to amend the provisions of Chapter 20 of the Grand Island City Code pertaining to the regulation of truck routes . by amending Section 20-105 of the Code; to add new Sections thereto numbered 20-105.1, 20-105.2, and 20-105.3; to repeal the original Section 20-105; 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 20-105 of the Grand Island City Code is hereby amended to read as follows: Sec. 20-105. TRUCK TRAFFIC REGULATIONS-DEFINITIONS For the purposes of Section 20-105 through 20-106, the follow- ing terms, phrases, words, and their derivations shall have the following meanings: 1. "Delivery zone" is any area within the City which is surrounded on all sides by truck routes; 2. "Deviating truck" is a truck which leaves a truck route while traveling inside the City; 3. "Gross vehicle weight" is the sum of the empty weight of a truck or vehicle-trailer combination, plus the weight of the maximum load to be carried thereon at anyone time; 4. "Light utility truck" is a truck with a width no greater than six feet six inches (6'6"), a length no greater than twenty feet (20'), and a gross vehicle weight no greater than 10,000 pounds; 5. "Protected street" is any street which has traffic control signs or signals protecting it at every inter- section along its way and which transverses a delivery zone; 6. "Trailer" is any vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle; 7. "Truck" is any vehicle designed or operated for the transportation of property; 8. "Truck Route" is the system of streets as designated by Section 20-106, over and along which trucks may travel within the City. . SECTION 2. That Chapter 20 of the Grand Island City Code is hereby amended by adding thereto new Section 20-105.1, to read as follows: . APPROVED AS TO FORM ~lL FEB 21 1983 LEGAL DEPARTMENT . . ORDINANCE NO. 6889 (Contd) Sec. 20-105.1. TRUCK TRAFFIC REGULATION-APPLICATION (a) No person shall operate a truck or vehicle-trailer combin- ation upon any street not designated a truck route by Section 20-106 except for the purpose of picking up or delivering property in the ordinary course of business within a delivery zone, and then only in the manner set forth by Section 20-105.2 below. (b) The provisions of subsection (a) above shall not apply to light utility trucks except when such vehicles are carry- ing property from a point of origin for delivery to a destination point. SECTION 3. That Chapter 20 of the Grand Island City Code is hereby amended by adding thereto new Section 20-105.2, to read as follows: Sec. 20-105.2. TRUCK TRAFFIC REGULATION-OFF TRUCK ROUTES (a) Single Destination. The operator of a deviating truck with a single destination point within a delivery zone, shall follow the truck route to the intersection thereon which is closest to the destination point and shall deviate from the truck route only at that intersection and shall proceed directly to the destination point. Upon leaving said point, a deviating truck shall return to the truck route by the shortest possible route. (b) Multiple Destinations. The operator of a deviating truck with multiple destination points within a delivery zone shall proceed to the first destination point in the manner required by subsection (a) above. Upon leaving the first destination point, a deviating truck shall proceed to other destination points within the delivery zone by the shortest possible routes between destination points. Upon leaving the last destination point, a deviating truck shall return to the truck route by the shortest possible route. - 2 - . . ORDINANCE NO. 6889 (Contd) (c) Use of Protected Streets Permitted. Notwithstanding the provisions of subsections (a) and (b) above, the operator of a deviating truck may use any protected street within a delivery zone as part of his or her route to reach a destina- tion point if the following conditions are met: 1. The use of the particular protected street or streets will reduce the total necessary distance of travel on streets other than protected streets within the particular delivery zone; and 2. The combined route used under subparagraph (c) 1, is the shortest most direct combined route from the truck route to the destination point or back to the truck route. SECTION 4. That Chapter 20 of the Grand Island City Code is hereby amended by adding thereto new Section 20-105.p, to read as follows: Sec. 20-105.3. EXCEPTIONS The provisions of Section 20-105.2 shall not prohibit: (a) Emergency Vehicle. The operation of emergency vehicles upon any street in the City; (b) Public Utilities. The operation of trucks owned or operated by the City, public utilities, any contractor or materialman, while engaged in the repair, maintenance or construction of streets, street improvements, or street utilities within the City; (c) Detoured trucks. The operation of trucks upon any officially established detour in any case wnere such truck could lawfully be operated upon the street for which such detour is established. SECTION 5. That original Section 20-105 of the Grand Island City Code as heretofore existing, be, and hereby is, repealed. SECTION 6. Any person violating any provision of this ordinance shall be punished in accordance with the general penalty provisions of Section 1-7 of the Grand Island City Code. - 3 - . . ORDINANCE NO. 6889 (Contd) SECTION 7. That this ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent, and on March 1, 1983. Enacted ZB .:r.._~.u"uu.;; /98' B . ATTEST: R~~ - 4 - ORDINANCE NO. 6890 An ordinance to amend Chapter 21 pertaining to occupation taxes for certain entertainment devices and businesses by amend- . ing Sections 21-38 through 21-41; to repeal the original SEctions 21-38 through 21-41; to repeal conflicting Sections 21-43 through 21-53 and all other code sections or ordinances in conflict herewith; to provide a penalty; and to provide t effective date of this ordinance. I .... Z lIJ :E t- a: ~ Q ...J c( CJ ~ ,~ 'g BE IT ORDAINED BY THE lv1AYOR AND COUNCIL OF THE CITY OF ~ ~ o I 0> t- ..- GRAND ISLAND, NEBRASKA: cnC~' ....... <( , C\! SECTION 1. That Section 21-38 of the Grand Island City ~~I. ~ Code is hereby amended to read as follows: f i: Article V. ENTERTAINMENT DEVICES AND BUSINESSES Sec. 21-38. DEFINITIONS For the purpose of this Article the following words shall have the following meanings: (a) "tv1echanical amusement devicell is defined as a machine which, upon the insertion of a coin, coins, token or similar object or by any other method, operates, or may be operated or used for &game, contest, or amusement of any description. (b) "Automatic musical machinell is defined as a machine which, upon the insertion of a coin, coins, token or similar object, operates or may be operated to produce music there- from. (c) "Shtlffleboard" is defined, by way of description and not of limitation, as a table approximately fifteen to twenty- five feet in length and approximately two feet in width of hard polished surface, ~pon which one or more players for amusement manually propel small disks, generally of metal, the object of the game being to propel each disk as close as possible to the far end of the table or desig- nated mark and achieve the highest possible score. (d) "r1echanical kiddie ride" is defined as a machine which, upon the insertion of a coin, coins, token, or similar object operates or may be operated as a game or amusement of any kind or description designed and intended for use by children under twelve years of age. . (e) The term Ilpublic golf coursell shall include within its mean- ing a miniature golf course and a golf driving range. (f) "Operator" as used herein, shall refer to and include the person, firm, partnership, association of persons, joint stock company, corporation or non-profit corporation which operates the public or private place of business or club where mechanical amusement devices, automatic musical machines, shuffleboards and kiddie rides are physically located or ,,7hich operates a public golf course. (g) "Picture arcade" is defined as any machine which displays pictures, either moving or stationary, upon insertion of a coin. ORDINANCE NO. 6890 (Contd) SECTION 2. That Section 21-39 of the Grand Island City Code is hereby amended to read as follows: . Sec. 21-39. A~1USEMENT DEVICE - TAX LEVIED For the purpose of raising revenue, there is hereby levied an annual occupation tax upon the operator of any of the following amusement devices or businesses as herein- after stated: (a) Public Golf Course (b) Roller Skating Rink (c) Theatres (d) Bowling Alleys (e) Mechanical Amusement Device (f) Automatic Musical Machine (g) Shuffleboard (h) Mechanical Kiddie Ride (i) Billiard or Pool Table (j) Picture Arcade $75.00 75.00 75.00 per screen 15.00 per lane 15.00 per machine 15.00 per machine 15.00 per shuffleboard 15.00 per machine 15.00 per table 15.00 per machine SECTION 3. That Section 21-40 of the Grand Island City Code is hereby amended to read as follows: Sec. 21-40. AMUSEMENT TAX; WHEN PAID The occupation taxes levied pursuant to Section 21-39 shall be paid annually, in advance, and the year for such tax shall be deemed to begin on the first day of May and end on April 30 of the following year. The city finance director shall deposit said tax into the General Fund of the City. SECTION 4. That Section 21-41 of the Grand Island City Code is hereby amended to read as follows: C' .:Jec. 21-41. SAME - SAME; RECEIPT Whenever any money is paid to the city finance director under the provisions of Section 21-39 and 21-40, he or she shall issue a receipt therefor, specifying the type and number of machines and other purposes for which such tax was paid. Said receipt shall be kept on the premises for which the tax was paid, and be produced for inspection upon request by any city officer. SECTION 5. That original Sections 21-38, 21-39, 21-40, and 21-41, as heretofore existing, are repealed. . SECTION 6. That Sections 21-43, 21-44, 21-45, 21-46, 21-47, 21-48, 21-49, 21-50, 21-51, 21-52, and 21-53, as hereto- fore existing, are repealed. - 2 - . . ORDINANCE NO. 6890 (Contd) SECTION 7. Than anyone violating the provisions of this ordinance may be punished pursuant to Section 1-7 of the Grand Island City Code. SECTION 8. 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, and on ivlay 1, 1983. Enacted Z'B Ft!!brv<!:f '7 /933. A:q?~~.. - - 3 - . . ,~ , l.I- (""') ex> ~~1 :: 01(. C\1 OJ ~ ~ ~ ORDINANCE NO. 6891 An ordinance to regulate commercial entertainment businesses within the City of Grand Island by adopting a new Chapter 10; to repeal Chapter 10 as it now exists; to repeal conflicting Grand Island City Code Sections 14-1 through 14-13, inclusive, and Sections 26-1 through 26-8 inclusive; to provide a penalty; to provide for severabil- ity; and to provide the effective date of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Chapter 10 of the Grand Island City Code is amended to read as follows: CHAPTER 10 COMMERCIAL ENTERTAINMENT LICENSES Sec. 10-1. PURPOSE (a) The purpose of this chapter is to provide for the regula- tion of commercial establishments which provide entertainment for their patrons, whether for a fee or as part of, in conjunction with, or adjunct to, the sale of the products or services afforded by said commercial establishments. (b) No owner shall provide entertainment for customers with- out having a valid commercial entertainment license issued under the provisions of this chapter. Sec. 10-2. DEFINITIONS For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the following meanings: (a) "Entertainment" shall mean any source or means of amuse- ment, including but not limited to, games, music per- formed by live artists, large screen television, motion .... Z w :E t- o:: 4: 0- LL! o -J <( <-' ~ pictures, floor shows, dancing, skating, minature golf, and all recreational activities. It shall not include radios; televisions with 25 inch screens or smaller, measured diagonally; or tape decks, juke boxes or similar musical reproduction devices used solely for listening and not for dancing. (b) "Commercial establishment" shall mean any business which offers products or services for sale to the public for consumption or use on the premises. (c) "Entertainment center" shall mean any commercial estab- lishment whose primary product or service is "entertain- ment" as defined by this section. (d) "Game unit" shall mean any mechanical or electronic game provided for use by one or more persons for a fee, including all equipment or devises necessary for the operation of said game. (e) "Game center" shall mean a commercial establishment which offers a total of one or more game units for use by its customers anywhere on the premises. "Licensee" shall mean any owner who holds a commercial entertainment license issued under the provisions of this chapter. "Licensed premises" shall mean any premises for which a commercial entertainment license has been issued. . ( f ) (g) (h) (i) ( j ) . Sec. 10-3. ORDINANCE NO. 6891 (Contd) "Liquor establishment" shall mean any commercial estab- lishment which holds a license to sell or dispense alcoholic beverages issued by the State of Nebraska. "Owner" shall mean any individual, corporation, associ- ation, or partnership who owns or operates a commercial establishment. "Premises" shall mean the location where a commercial establishment conducts its business, including all offices, storage rooms or areas, hallways, stairways, fire escapes, kitchens, restrooms, and privately owned areas legally available to the owner for use as off- street parking. COMMERCIAL ENTERTAINMENT LICENSE REQUIRED Every owner of a game center, entertainment center, or liquor establishment who provides entertainment for customers must obtain a "Commercial Entertainment" license. A written application shall - 2 - ORDINANCE NO. 6891 (Contd) . be filed with the city clerk, on a form provided by the city clerk, stating the name and address of the owner, the name and address of all managers and supervisors in charge of operating the establish- ment, and the address of the establishment. Accompanying the appli- cation shall be a diagram or plat of the entire premises which shows in detail the dimensions of all rooms or areas, including offices, kitchens, rest rooms, entrances, exits, stairways, fire escapes, and off-street parking. The diagram or plat shall also indicate the area to be used for entertainment and the type of entertainment provided in each area. Sec. 10-4. INSURANCE REQUIRED All owners must carry bodily injury and property damage liabil- ity insurance coverage in the owner's name, which provides coverage for the premises for which the commercial entertainment license has been issued in limits of not less than $500,000 of combined single limit coverage for both bodily injury and property damage. Said insurance shall be written on forms approved by the insurance commissioner for the State of Nebraska by an insurance company authorized to do business in the State of Nebraska. Said policy shall also provide that the city shall receive notice of cancella- tion at least thirty (30) days prior thereto. A certificate of insurance showing compliance with the provisions of this section must be presented to the city clerk before a "Commercial Entertain- ment" license may be issued. . Sec. 10-5. REVIEW OF APPLICATION The city clerk shall forward a copy of the application and diagram or plat to the building department, the fire department, and the police department for review and recommendation by said departments regarding the applicant and the premises. Sec. 10-6. SCOPE OF REVIEW BY DEPARTMENTS (a) The chief building inspector shall cause the inspection of the premises to determine whether or not said premises are in compliance with the Grand Island building and zoning code sections and ordinances. - 3 - ORDINANCE NO. 6891 (Contd) (b) The chief of police shall review the application to determine: . (i) whether or not there is adequate on and off street parking at the location for which the application is made; (ii) whether or not traffic or safety hazards would be created by the activity at that location; (iii) what problems are created for police regulation of the premises and the vicinity thereof; and (iv) investigate the applicants and employees to deter- mine their suitability for carrying on the entertain- ment activity for which the application is made. (c) The fire chief shall cause the inspection of the premises to determine whether or not said premises are in compliance with the Grand Island Fire Code sections and ordinances to further determine: (i) the total number of people to be allowed in each room or area to be open to the public and to cause the posting of such limit therein, to prevent over- crowding; (ii) whether or not there is a fire or safety hazard created by the placement of any seats, chairs, benches, scenery, curtains, blinds, screens, game units or fixtures, and the proper placement of each such item to eliminate such hazards; (iii) whether or not there are sufficient and ample means of exit and entrance in case of fire or other need of emergency evacuation of the premises; (iv) whether or not there are sufficient numbers and appropriate types of fire extinguishment equipment available in case of fire. Sec. 10-7. REVIEW BY CITY CLERK (a) Within ten days of receipt of the application by the city clerk, each of the above department heads shall file a recom- mendation with the city clerk which shall indicate their approval or disapproval of the application, based upon their inspection or review. (b) If all department heads recommend approval, the clerk shall, . upon receipt of the license fee required by Section 10-10 below, the certificate of insurance required by Section 10-4 above, and payment in full of all occupation taxes levied against the applicant's business under the provisions of Chapter 21 of the Grand Island City Code, shall issue a "Commercial Entertainment" license to the applicant. - 4 - ORDINANCE NO. 6891 (Contd) (c) If any department head recommends disapproval, he or she shall submit a detailed report setting forth the reasons for such . recommendations. The city clerk shall not issue an entertain- ment license, but refer the application to the city council for review. (d) The city clerk shall immediately notify the applicant of the recommendation of disapproval and that the application has been set for review by the city council. Said notice shall include: 1. The hearing date, time, and place; 2. The reason or reasons for the recommendation of disapproval; 3. A statement that the applicant may present evidence to refute the allegations of the recommendation. 4. A statement that the applicant may request a differ- ent council meeting date by contacting the clerk. (e) The applicant must be given at least five (5) days advance notice of the hearing on his or her application. Sec. 10-8. REVIEW BY CITY COUNCIL (a) The city council shall hold a public hearing to review all applications for which recommendations of disapproval have been made. Said hearing shall be for the purpose of determin- ing whether or not valid reasons exist for the disapproval of said application for a commercial entertainment license. (b) If the council finds there are valid reasons to disapprove the application, it shall set forth the corrective measures to be taken or conditions to be met before approval of the application shall be given. Sec. 10-9. APPROVAL UPON COMPLETION OF REQUIREMENTS . (a) If the applicant takes the corrective measures required by the City Council, he or she shall so notify the city clerk who shall refer the matter to the department head or heads who submitted the recommendations of disapproval. - 5 - ORDINANCE NO. 6891 (Contd) . (b) Within two working days, the department head or heads shall reinspect the premises and submit a report either verifying full compliance or indicating what corrective measures are not yet taken or conditions met. (c) When the department heads report that all conditions set by the City Council have been met, the city clerk shall then proceed to issue a commercial entertainment license to the applicant upon receipt of the license fee required by Section 10-10 below and the certificate of insurance required by Section 10-4 above. Sec. 10-10. LICENSE ISSUANCE; FEE; TERM (a) There shall be an annual fee of Fifty Dollars ($50) for each license issued, which shall be nonrefundable. (b) Upon approval of the application, the applicant must pay to the city clerk the fee set forth in subsection (a) above, provide the certificate of insurance required by Section 10-4 above, and pay all applicable occupation taxes levied pursuant to Chapter 21 of the Grand Island City Code. (c) Upon receiving the fee and certificate of insurance, the city clerk shall issue a "Commercial Entertainment" license which shall be valid for a period of one year from the date of issuance. Said license shall be only for the location desig- nated on the application submitted and shall be nontransfer- able. . Sec. 10-11. RENEWAL OF LICENSE (a) At least sixty (60) calendar days prior to the expiration date of licensee's commercial entertainment license issued pursuant to the provisions of Section 10-10 above, the licensee shall file an application to renew his or her license. A new diagram as required by Section 10-3 of this chapter shall be filed with the renewal application if there have been any changes from the original diagram. The Licensee shall also provide the city clerk with the annual license fee required - 6 - ORDINANCE NO. 6891 (Contd) . by Section 10-10 and proof of insurance as required by Section 10-4. (b) Upon receipt of the application, the city clerk shall initiate the same review process established by Sections 10-6, 10-7, 10-8, and 10-9 for new licenses. Sec. 10-12. LIABILITY OF OWNER The licensee and all persons hired by said licensee to manage any or all the activities on the licensed premises shall be jointly and severally liable for any violations of the provisions of this chapter. Sec. 10-13. PREMISES SUBJECT TO INSPECTION All police officers of the city, building inspectors, and fire inspectors are authorized to enter upon any licensed premises at any time to determine whether or not any provisions of this chapter or other provisions of the Grand Island City Code relevant thereto have been violated, and at such time to examine sufficiently such licensed premises for that purpose. Sec. 10-14. ONGOING LAW VIOLATIONS No owner shall knowingly allow any employee or patron to con- tinuously or repeatedly violate any provision of the Criminal Code of the State of Nebraska or ordinance of the City of Grand Island while on the licensed premises. . Sec. 10-15. NOISE CONTROL REQUIRED (a) No licensee shall allow any form of entertainment to be conducted in such a manner as to create noise of sufficient level to be heard beyond 25 feet of the property line of the property on which the licensed premises are located. (b) No door leading into licensed premises shall ever be blocked open, either partially or fully. - 7 - ORDINANCE NO. 6891 (Contd) . Sec. 10-16. ENTERTAINMENT RESTRICTIONS IN LIQUOR ESTABLISHMENTS No licensee whose entertainment license is issued for a liquor establishment shall allow any live person to appear on the premises of said liquor establishment in a state of nudity, to provide enter- tainment, to provide service, to act as a hostess, manager, or owner, or to serve as an employee in any capacity. Sec. 10-17. MINORS PROHIBITED DURING CERTAIN HOURS (a) No licensee or his or her employee shall permit any person under the age of 17 to be on the licensed premises in viola- tion of the city curfew for such minors as set forth in Section 22-5 of the Grand Island City Code. (b) No licensee or his or her employee who is also the holder of a liquor license issued by the State of Nebraska shall allow any person under the age of 17 to be or remain on the licensed premises past 9 p.m. (c) Exceptions: Subsections (a) and (b) shall not apply to any such minor who is accompanied by his or her parent, or who is participating in an activity for young people which is being supervised by adults and for which such minor has been given permission to participate by his or her parent or guardian. Sec. 10-18. MAINTENANCE OF FIRE EQUIPMENT No licensee shall fail to maintain all fire fighting equipment on the licensed premises in proper working order. . Sec. 10-19. PASSAGEWAYS TO BE KEPT CLEAR No licensee or his or her employee shall allow any aisle, passageway, hallway, doorway, exit, or other area necessary for patrons to exit the licensed premises in case of emergency to be blocked either by employees, patrons, chairs, or any other physical object which would tend to prevent or inhibit the safe movement of persons towards the exits from the licensed premises. - 8 - ORDINANCE NO. 6891 (Contd) . Sec. 10-20. PATRON LIMITS No licensee or his or her employee shall allow any room or area of the licensed premises to contain a greater number of persons than allowed by the capacity limit set by the fire chief for that room or area. -' Sec. 10-21. PENALTIES (a) Any person convicted of violating any provision of this chapter shall be guilty of an infraction and punished accord- ing to the provisions of Section 1-7 of this Code. (b) If any licensee or employee of said licensee has been convicted of violating any ordinance or City Code provision pertaining to safety for any action, situation, or condition on the licensed premises, the City Council may, after notice and hearing, suspend said licensee's commercial entertainment license for a period not exceeding thirty days. (c) If any licensee has had his or her commercial entertainment license suspended three or more times within any three year period, the City Council may, after notice and hearing, revoke the commercial entertainment license of said licensee. (d) Any licensee whose license has been revoked by the City Council may not apply for a new license until six months after the effective date of said revocation. (e) The city attorney's office is authorized to proceed with any legal action necessary to enforce the City Council's order of suspension or revocation. . SECTION 2. Chapter 10 of the Grand Island City Code as heretofore existing, is repealed. SECTION 3. Grand Island City Code Sections 14-1 through 14-13, inclusive, and Sections 26-1 through 26-8, inclusive, are hereby repealed. - 9 - ORDINANCE NO. 6891 (Contd) SECTION 4. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held . to be unconstitutional or invalid, such holding shall not affect the validity of the remaining portions of this ordin- ance, and upon any such declaration of invalidity, the original section, subsection, sentence, clause, or phrase as heretofore existing, shall thereupon be automatically re-enacted and reinstated to have the same force and effect as if it has never been amended. 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, as provided by law, and on April 1, 1983. Enacted ze Ft!Jrv",." /'f s:.s , ri'z, Mayor ATTEST: ~;(~,/ City C erk . - 10 - ORDINANCE NO. 6892 ". . An ordinance assessing and levying a special tax to pay the cost of construction of Street Improvement District No. 1012 of the City of Grand Island, Nebraska; provid- ing 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 cost of con- struction of said Street Improvement District No. 1012, 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 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 Richard E. Stephens, and Roger H. Ostwald E129' 1 Pleasant Home $8631.05 J.D.F. Enterprises E132' 2 LaBelindo 4641. 58 .J.D.F. Enterprises E132 8 Pleasant Home 4084.23 F.D. & L. Development Group 111299' 1 Fonner Third 12706.53 F.D. & L. Development Group 111299' 3 Fonner Third 6011. 64 SECTION 2. The special tax s ha 11 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 per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as pro- vided by law. SECTION 4. Such special assessments shall be paid into a fund to be desig- nated as the "Paving Fund" for Street Improvement District No. 1012. 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. . APPROYtO AS TO FORM },-j I'l._ FEB 2 1983 LEGAL OEPARTMENT . e ORDINANCE NO. 6892 (Contd) 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 28 ,r:etrUAI"Y' 5'3. I ATT~Jf~~ C1ty er - 2 - z, Hayor // ORDINANC~ NO. 6893 . An ordinance assessing and levying a special tax to pay the cost of construction of Street Improvement District No. 1018 of the City of Grand Island, Nebraska; provid- ing 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 cost of con- struction of said Street Improvement District No. 1018, 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 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 BLOCK ADDITION AMOUNT Steve and Julia F. Spotanski 6 11 Packer & Barr's $1701.97 Oscar Jay and Hazel M. Waddington 7 11 Packer & Barr's 1701.97 Ada I. Atkinson 8 11 Packer & Barr's 1701.97 Andy B. and Trina Rodriquez 9 11 Packer & Barr's 1701.97 Andres B. and Trina M. Rodriquez 10 11 Packer & Barr's 1701.97 Paul M. and Sharon L. Clark 1 12 Packer & Barr's 1701. 97 Betty J. Hudson 2 12 Packer & Barr's 1701. 97 Maurice A. and Donnetta M. Rutten 3 12 Packer & Barr's 1701. 97 Harold A. and Doris Schwieger 4 12 Packer & Barr's 1701. 97 Jerry E. and Connie Lee Davis 5 12 Packer & Barr's 1701. 97 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 per cent per annum from the time of levy until . the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as pro- vided by law. APPROVJ 1. TO FORM FEa 21 1983 . LEGAL DEPARTMENT . . ORDINANCE NO. 6893 (Contd) SECTION 4. Such special assessments shall be paid into a fund to be desig- nated as the "Paving Fund" for Street Improvement District No. 1018. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflic~ 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 2e.Hb""hJllr~ B.3. / ~ / --.--e L.Kriz, // / ,/ Mayor ATTEST' ~/ ~~y er - 2 - ~ f ! J ~ i l II ORDINANCE NO. 6894 An ordinance to amend Chapter 30 of the Grand Island City Code pertaining to the regulation of signs within the . City of Grand Island by amending Sections 30-24 and 30-31; to repeal the original Sections 30-24 and 30-31 and all ord- inances or code sections in conflict herewith; to provide for a penalty; and to provide for 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 30-24 of the Grand Island City Code is hereby amended to read as follows: Sec. 30-24. GROUND SIGNS ( 1 ) Hei~ht Limitation: Ground signs shall not exceed fifty (50 feet in height, measured from the ground level at the base of the sign to the top of the sign, subject to the following: (a) For each foot of height over thirty (30) feet, there shall be a corresponding one foot of setback from the property line or any easement line; (b) Lighting reflectors attached to the top of a sign may project above the top and beyond the face of such sign, and shall be excluded from all measure- ment requirements established by this subsection. (2) Number Limitations: There may be only one ground sign allowed for each one hundred (100) lineal feet or fraction thereof of street frontage for anyone lot or tract. Notwithstanding this limit, any lot that fronts on more than one street may have at least one sign on each street. (3) Location Limitations: (a) No signs may be placed in city right-of-way. (b) At street intersections, no signs may be placed within the triangle formed by the intersections of maintained roadway, whether paved or graveled, of two intersecting streets and the line extended joining points measured thirty feet on each property line from the point of said property lines intersection, unless: 1. said signs are on posts with a diameter not greater than 18 inches; and . 2. the bottom of said signs are not less than eight feet from the ground or the tops are no higher than twenty-four (24) inches from the ground. APPROVED AS TO FORM c);JCJ~ FEB 22 1983 i:.~, LEGAL DEPARTMENT 1 J , ",!\,w' ORDINANCE NO. 6894 (Contd) . (4) The formula for determining the allowable area for ground signs shall be as follows: Four square feet of sign for each one foot of frontage on the lot where the sign is to be placed. In any event, the maximum square footage of any ground sign shall not exceed 800 square feet per side, regardless of frontage feet. SECTION 2. That Section 30-31 of the Grand Island City Code is hereby amended to read as follows: Sec. 30-31. MOBILE SIGNS (a) General. No mobile sign shall be placed or used at any location except as allowed in this section, and only after obtaining a permit therefor from the city build- ing department, subject to the following limitations: 1. Only one temporary permit may be issued for anyone location during any calendar year. 2. Only one mobile sign may be placed on a location at a time. (b) Permit-Types-Duration; Fee; Application 1. Temporary Permit: A temporary permit shall be valid for a period of ninety (90) days from the date of issuance. The fee for a temporary permit shall be ten dollars ($10.00) . 2. Annual Permit: An annual permit shall be valid from the date of issuance until the last day of the calendar year in which the permit was issued. The fee for an annual permit shall be twenty-five dollars ($25.00). 3. Application Contents: The application shall describe in detail all positions where the sign will be placed on the location, the dimensions of the sign, and the type of permit being sought. . (c) Design. Mobile signs may be constructed of any material meeting the requirements of this code and shall be so designed that the structural frame will resist wind loads of twenty-five (25) pounds per square foot when anchored to the ground. The measured height of the face of a mobile sign shall not exceed six feet (6'). Mobile signs shall be so designed that the sign when placed upon the ground shall not rest upon any wheels. The wheels shall only be utilized in moving the mobile sign from site to site. Mobile signs shall be anchored to the ground or ground-surfacing material in a manner approved by the building official. (d) Electrical. Mobile signs utilizing electrical equip- ment in connection with illuminating the mobile sign shall have all such equipment installed in accordance with the Grand Island Electrical Code. All electrical connections to mobile signs shall be made with a type S or SO or STO flexible 12-3 cord and plugged into an approved 120 volt grounded electrical outlet protected with a GFCI receptacle or breaker with a capacity of - 2 - ORDINANCE NO. 6894 (Contd) . not less than 15 amperes nor more than 20 amperes. The distance between the electrical outlet receptacle and the mobile sign shall not exceed 50 feet and the cord shall not be placed upon any ground or ground surfacing that is specifically designed to accommodate pedestrian traffic or vehicular traffic of any sort. ( e ) Anchorin All mobile signs or whic a temporary permit has een issued must be anchored in the manner required in subsection (f) below, or weighted with ballast. Such weight or ballast must be a minimum of five pound of weight for each square foot of sign face. Mobile signs shall be weighted in a manner approved by a building department official. ( f ) Anchor Requirements - Annual Permit. All mobile signs for which an annual permit has been issued shall be anchored at each position used by a minimum of four anchors which meet the following specifications: 1. If anchored in concrete or asphalt, the anchors shall extend to a depth of at least four inches (4") and shall be at least one-half inch (~") in diameter; or 2. If anchored in dirt, the anchors shall extend to a depth of at least three feet (3') and shall be either metal spikes with a diameter of at least one-half inch (~") or wooden spikes with dimen- sions of at least two inches by two inches (2" x 2"). 3. The anchoring of any mobile sign must be approved by a building department official. SECTION 3. That original Sections 30-24 and 30-31 as heretofore existing are repealed. SECTION 4. Any person violating any provisions of this ordinance shall be punished in accordance with the general penalty provisions of Section 1-7 of the Grand Island City Code. 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 Independ- ent as provided by law. Enacted ,.... MAtte.'" '<<\93 . ATTEST: 4:4ci~L.,./ Mayor - 3 - . ORDINANCE NO. 6895 An ordinance to vacate a portion of an alley in Stehr's Subdivision, conditioned upon the reservation of the vacated alley for a public utility easement; and to provide the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That a portion of the east/west alley in Stehr's Subdivision in the City of Grand Island, Nebraska, more particularly described as follows: Beginning at a point 153.5 feet South of the South right-of-way line of U.S. Highway 30, said point also being the Southwest corner of Lot 12, Stehr's Subdivision; thence proceeding South along the East line of Lot 2, Stehr's Subdivision, for a distance of 16 feet; thence deflecting left in an easterly direction along the North line of Lots 3, 4, and 5, Stehr's Subdivision, for a distance of 290 feet; thence deflecting left in a northerly direction for a distance of 16 feet; thence deflecting left in a westerly direction 16 feet from and parallel to the North line of Lots 3, 4, and 5, Stehr's Subdivision, for a distance of 290 feet to the point of beginning, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference, being the ally way of Lots 3, 4, 5, 12, and part of Lot 11, all in Stehr's Subdivision; :E \ ..... ~ z ('V") LIJ co ~ ~ m I- ...- ~ oo~ r- ~ 0- w C(; 0 c::x: ...J @ :E <( a.. <-' a.. w <C ...J . be, and hereby is, vacated; provided and conditioned, that the City reserves for the public the entire vacated alley for a public utility easement to construct, operate, main- tain, extend, repair, replace, and remove sanitary sewer mains, water mains, storm drainage lines, overhead and under- ground electric transmission and distribution lines, pad- mount transformers, secondary terminals, high voltage terminals, gas mains, telephone lines, television lines, and appurtenances thereto, in, over, underneath, and through said utility easement, together with the right of ingress and egress through and across the utility easement for the purpose of exercising the rights herein granted; no trees, shrubbery, fences, improvements, structures, or buildings of any kind whatsoever shall be allowed in, upon, or over the utility easement herein retained. ORDINANCE NO. 6895 (Contd) . SECTION 2. Subject to the public utilities easement reserved, the title to the alley vacated by Section 1 of this ordinance shall revert to the owner or owners of lots or lands abutting the same in proportion to the respective ownerships of such lots or grounds. SECTION 3. This ordinance is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication without the plat, within fifteen days, in one issue of the Grand Island Daily Independent, as provided by law. Enacted /~ MAA"H ItIf F.J ATTEST: ~.Jt,/ City C~erk . - 2 - e t4W1. LJ.S, " . I 10 I ....; 12 I ~ I I ~I 231' ~I 95' <h ~I -!Q I 2 - 10 I ,...: US - 01 ISION I") 4 5 6 I 3 I I I I I I SEEDL-ING MILE RD. - ,\ LEGEND V / / / / / //A Ci~IT~~ AelyLEoYRO. NO. 6895 EXHIBITI~I CITY OF GRAND ISLANQ1NEBR. ENGINEERING DEPARTMENT (PLAT TO ACCOMPANY ORD NOi6895/ 1 SCALE '''=100' . E.J.M 2-23-831 ORDINANCE NO. 6896 . .." An ordinance assessing and levying a special tax to pay the cost of construction of Street Improvement District No. 1015 of the City of Grand Island, Nebraska; provid- ing 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 cost of con- struction of said Street Improvement District No. 1015, as adjudged by the Council of the City, sitting as a Board of Equalizatio~, 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 suc~ cost of construction is hereby levied at one time upon such lots, tracts, and lands, as follows: NAME DESCRIPTION AMOUNT John & Florence Niedfelt Part of SElSEt SEc. 15-11-9, described as beginning at the SE corner of said Sec. 15-11-9; thence N 970'; thence W460'; thence S970'; thence East on the South line of Sec 15-11-9 460' to the point of beginning $6848.01 Part of SEtSEt Sec. 15-11-9, described as beginning at a point 33' N of south line of said Section and 540' west of the east line of said section;othence W210.5' deflecting right 89 41' N 226' deflecting right 900 19' East 610.5'; deflecting right 89 41' South 226' to the point of beginning $3182.63 Part of SEt Sec 15-11-9, described as beginning at a point 33' north and 460' west of southeast corner of said Section 15; thence north 820'; thence WI,101.5', more or less, to east line of Cherry Street; thence southeast on east line of Cherry Street 935.5' to a point 33' north of the south line of said Sec. 15; thence east 365.3" thence north 226'; thence east 210.5'; thence south 226' to a point 33'north of south line of Section 15; thence East 80' to point of beginning $4750.45 Meves Bowl, Inc. Meves Bowl, Inc. . - Beginning at a point on north line of Lot "H", Joehnck Subdivision, said point being 444.5' southeast of northeast corner of said Lot "H"; thence southeast on the west line of Cherry Street 183.15'; thence west on a line 33' North of south line of Sec. 65-11-9 121.34' deflecting right 89 44' running northerly 142'; thence northeasterly perpendicular to east line of Lot "H" 38.5' to the point of beginning $1257.79 Earl H. & Bernadine B. Schmidt APPROVED AS TO FORM MAR 7 1983 LEGAL DEPARTMENT ORDINANCE NO. 6896 (Contd) . 4J:r. Edward H. Boernke Estate Beginning at a point on north line of Bismark Road, being 173.5' east of southeast corner of Lot 6, Walker's Sub.; thence northwest on a line 303.63' southwest of west line of Cherry Street 16.02' to southwest corner of Martin $ub.; thence northeast perpendicular to southwest line of Cherry Street 17368'; thence deflecting right 118 34' and running southerly 97.9' to north line of Bismark Road; thence west on north line of Bismark Road 144.92' to place of beginning Laverna E. Reimers Beginning at a point on north line of Bismark Road, being 318.42' East of Southeast corner of Lot 6, Walker's Sub.; thence continuing east 80' to a point 121.34' west of southwest line of Cherry Street; thence left 900 16' rHnning north 142'; thence left 118 34' 0 southwest 91.33'; thence left 61 26' running south 97.9' to the point of beginning Reed Roth Equities Reed Roth Equities James D & Donna F. Roth Arthur H. Niedfelt and Mary Lee Niedfelt Delphie D. Kosmicki and Elizabeth R. Kosmicki Lot 1 2 3 Double R Second Sub. Double R Second Sub. Double R Second Sub. S300' N\ vacated alley adjacent to Lot 3 Walker Subdivision S\ vacated alley adjacent to Lot 4 Walker Subdiyision Lot 4 Walker Subdivision Lot 5 Walker Subdivision Delphie D. Kosmicki and Elizabeth R. Kosmicki Gary P. and Harlene D. Rowe Delphie D. Kosmicki and Elizabeth R. Kosmicki Part of Lot 6 lying northerly of easterly extension of southerly line of Lot 4, Walker Subdivision Grace Lutheran Church of GI S190' of Lot 1 Ronald C. and Norma J. Shullaw Lot 2 Ronald C. and Norma J. Shullaw Lot 3 Edward H. Boernke Estate W17.25' Lot 4 Edward H. Boernke Estate E62.75' Lot 4 Edward H. Boernke Estate Lot 5 Edward H. Boernke Estate W17.25' Lot 6 Dennis E. and Susan M. Spomer E62.75 Lot 6 Harley D. and Florence E.. Rozendal W60' Lot Mary C. Bryson E20' Lot 7 Mary C. Bryson W40' Lot 8 Robert L. & Velma L. Nolan E40' Lot 8 Robert L. & Velma L. Nolan Lot 9 Dale H. & Roberta .F. Willey Lot 1 Frank C. & Janet A. Jarecke S68.5' Lot 2 Richard L. Mohrman and Janice R. Mohrman Delbert G. Stueven Theodore C. Molczyk and Jean Ann Molczyk Dixie A. Best and Margaret K. Schwaderer Donna Janisch Randall Lee Williams and Cristine Sue Williams Grace Lutheran Church Sub. Grace Lutheran Church Sub. Grace Lutheran Church Sub. Grace Lutheran Church Sub. Grace Lutheran Church Sub. Grace Lutheran Church Sub. Grace Lutheran Church Sub. Grace Lutheran Church Sub. 7 Grace Lutheran Church Sub. Grace Lutheran Church Sub. Grace Lutheran Church Sub. Grace Lutheran Church Sub. Grace Lutheran Church Sub. Steele Sub. Steele Sub. E90.3' of E~ Blk 7 Koehler Sub. W93' of E\ Blk 7 Koehler Sub. E37.1' Lot 2 Husman's Sub. Lot 3 Husman's Sub. E37.1 of 518.3' Lot 5 Husman's Sub. Lot 1, Blk 1 Claussen's Country View Add. . - 2 - $1234.42 $996.82 $1161.61 $891.47 $666.30 $5.04 $20.55 $320.85 $992.35 $40.59 $2312.15 $948.87 $940.06 $202.70 $737.36 $940.06 $202.70 $737.36 $705.04 $235.02 $470.03 $470.03 $977.97 $1419.58 $400.82 $1253.89 $1291. 38 $494.27 $848.42 $20.89 $455.44 .-;. . ORDINANCE NO. 6896 (Contd) . Frank D. Gion Frank D. Gion Part of NE~NWt Section 22-11-9, described as beginning at the NW corner of Lot 1, Blk 6, Claussen's Country View Add.; thence N on E line of Vine Street and E line of Lot 1, Blk 1, Claussen's Country View Add. to N line of said . subdivision; thence S to a poin 0.7' east of NW corner of Lot 1, Blk 6; thence W 0.7' to point of beginning $1578.36 and, Part of NEtNWt Sec. 22-11-9, S300' of N333' of a tract described as beginning at .a point 445~' W of NE corner of NW~ Sec. 22; thence WI00'; thence S435~'; thence E 100'; thence N435~' to point of beginning Add. Add. Add. Add. Add. Add. View Add. View Add. View Add. View Add. View Add. View Add. View Add. Add. E44.15' Lot 1, Blk 1 W5' Lot Lot Lot Lot Pleasant View Add. Pleasant View Add. Pleasant View Add. Pleasant View Third Pleasant View Third Pleasant View Third Pleasant View Third Pleasant View Third Pleasant View Third Pleasant View Third Craig D. and Debra L. Maly Lot 1 Seim Sub. Church of God Lot 3 Seim Sub. Church of God in Nebraska NI65.9' Lot 1 Seim 2nd Sub. Kenneth E. and. Lou Rae L. Staton Lot 1, Blk 1 Pleasant View Richard R. Vogeler' Lot 2, Blk 1 Pleasant View David and Cheryl S. Krafka N72.49' Lot 4, Blk 1 Pleasant View Leonard D. & Henrietta F. Willman Lot 3, Blk 1 Pleasant View Francis E & Mary McCormick Lot 1, Blk 2 Pleasant View Arlene Trew W60' Lot 2, Blk 2 Pleasant View Richard G. & Beverly J. Gowlovech EI0' Lot 2, Blk 2 Pleasant Richard G. & Beverly J. Gowlovech W58' Lot 3, Blk 2 Pleasant Baker Development Co., Inc. E12' Lot 3, Blk 2 Pleasant Baker Development Co., Inc. W58' Lot 4, Blk 2 Pleasant Richard E. and Twyla B. Hughes E12' Lot 4, Blk 2 Pleasant Richard E. and Twyla B. Hughes W64' Lot 5, Blk 2 Pleasant Gordon J. Scarborough E6' Lot 5, Blk 2 Pleasant Gordon J. Scarborough Lot 6, Blk 2 Pleasant View Adrian L. Rerucha and Charlotte J. Rerucha Dennis G. and Linda G. Willms James D. and Val J. Engle James D. & Val J. Engle Harold K. Lunberry and Bernita J. Lunberry Harold K. Lunberry and Bernita J. Lunberry Jerry E. Martin Jerry E. Martin Madelon T. Jewell Madelon T. Jewell Wilbur M. Ford and Geraldyne H. Ford N59.54' of Roland L. & JoAnn K. Hyde N6' Roland L. & JoAnn K. Hyde William A. & Elinor K. Snaffer Bernard G. & Donna E. Titman Northwestern Public Service Co. W35' E25' W55' E5' Ronald D. & Mary Ann Miller Beth L. Gardner Edwin A. & Gayle E. Schwieger N90' Ruby Bissel Lillian B. Boernke Clarence W. & Virginia E. Werner Donald R. Johnson and Virginia M. Johnson . 7, Blk 2 1, Blk 3 2, Blk 3 1, Blk 1 Lot Lot Lot Lot Lot 2, Blk 1 2, Blk 1 3, Blk 1 3, Blk 1 4, Blk 1 S60' Lot 6, Blk 2 Pleasant View Third Lot 6, Blk 2 Pleasant View Third Lot 7, Blk 2 Pleasant View Third Lot 8, Blk 2 Pleasant View Third Lot 9, Blk 2 Pleasant View Third Beginning at a point 1295.1' Wand 33.2' south of section corner between Sec. 14~ 15, 22, & 23-11-9; thence W63.8'; thence S20.3'; thence E63.8'; thence N20.3' to the point of beginning Lot 1, Blk 4 Valley Lot 2, Blk 4 Valley Lot 3, Blk 4 Valley Lot 1, Blk 2 Valley Lot 2, Blk 2 Valley Lot 3, Blk 2 Valley View View View View View View Sub. Sub. Sub. Sub. Sub. Sub. Lot 4, Blk 2 Valley View Sub. - 3 - $1784.59 $979.28 $3508.62 $873.24 $483.16 $87.38 $210.74 $576.49 $576.49 $95.96 $555.81 $114.84 $554.34 $114.56 $610.37 $57.17 $666.37 $759.55 $744.63 $659.29 $47.05 $415.19 $328.81 $234.67 $515.49 $46.81 $561.02 $62.88 $8.84 $154.29 $335.15 $1270.45 $218.55 $1671.87 $469.71 $139.97 $1277.08 $1277.08 $1277 .08 $1277.08 . . ORDINANCE NO. 6896 (Contd) .#fo Roselan G. Dunagan Lot 5, Blk 2 Valley View Sub. $1277.08 Roselan G. Dunagan Lot 6, Blk 2 Valley View Sub. $1277.08 Equitable Building & Loan Lot 7, Blk 2 Valley View Sub. $1277.08 Edward J. & Irene A. Bigley Lot 8, Blk 2 Valley View Sub. $1277.08 Larry D. & Linda M. Hobbs Except W16.5' of N143' Lot 1 Valley View 2nd $2319.98 Lillian Boernke N143' of W16.5' Lot 1 Valley View Sub. $217.89 Lillian Boernke Lot 2 Valley View 2nd $871. 58 Lillian Boernke Lot 3 Valley View 2nd $871. 58 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 per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as pro- vided by law. SECTION 4. Such special assessments shall be paid into a fund to be desig- nated as the "Paving Fund" for Street Improvement District No. 1015. 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 wi~hin fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted /4#'pAl'2ew '.8'3 . A~~",/ CLty er - 4 - . ~ ~ << z 2 ~ w e OD ~ ~ ~ .... ~ ~ ~ < ~~ ~ UJ o~ ~ a wr >~ <t -J 0 ~ ~ ~ ~ ~ UJ ~ -J . ORDINANCE NO. 6897 An ordinance to amend Section 2-1.1 of the Grand Island City Code pertaining to special meetings of the City Council; to amend Section 2-1.4 pertaining to city council agendas; to amend Section 2-1.5.1 pertaining to standing committees of the city council; to repeal the original sections; and to provide the effective date of this ordin- ance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 2-1.1 of the Grand Island City Code is amended to read as follows: Sec. 2-1.1. SPECIAL MEETINGS Special meetings may be called by the mayor, or arty four councilmen, upon six hours written notice to every member of the council; provided, that the requirement of notice shall not be binding in any special meeting at which all members of the council appear and are present without objection. Such notices may be served by any member of the police department or any other employee of the City; and it shall be the duty of the city clerk when given such notices to serve the same or cause the same to be served immediately. SECTION 2. That Section 2-1.4 of the Grand Island City Code is amended to read as follows: Sec. 2-1.4. AGENDA FOR MEETINGS All matters for consideration at any regular meeting of the city council shall be in writing and delivered to the office of the mayor or filed in the office of the city clerk, if so required by law, as the case may be, on Wednesday of the week preceding the date of the meeting at which such matter will be considered, before 12:00 Noon. SECTION 3. That Section 2-1.5.1 of the Grand Island City Code is amended to read as follows: Sec. 2-1.5.1 STANDING COMMITTEES; APPOINTMENT Members to the following standing committees shall be appointed by the mayor from the city council at the first meeting of their assumption of office. The appointments are for a one year period. Each committee will consist of five council members. The chairman of each committee will be elected by a majority vote of the members of that commit- tee. The mayor will be an ex officio member of each commit- tee. The standing committees and their areas of responsi- bility are: Public Facilities Committee - Cemetery, Code Enforcement, Engineering, Maintenance, Parks, Recreation, Utilities, Landfill. ORDINANCE NO. 6897 (Contd) Public Services Committee - Community Development, Finance, Fire, Health, Personnel, Police. . SECTION 4. That the original Sections 2-1. 1 , 2-1.4, and 2-1. 5 .1 , as heretofore existing, are repealed. 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, as provided by law. Enacted /'l-M.,tJl2cH ''''~ ~1l;tq;fL, ]vfayor ATTEST: ~4#- Ci Y Clerk . - 2 - ORDINANCE NO. 6898 An ordinance establishing fees for opening graves in the City Cemetery; establishing standards for cemetery vault . construction; amending Section 9-13 and Section 9-14 of the Grand Island City Code; repealing the original Sections 9-13, 9-14, and 9-20, and all ordinances and parts of ordin- ances in conflict herewith; and providing an effective date. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 9-13 of the Grand Island City Code is hereby amended to read as follows: Sec. 9-13. BURIAL AND DISINTERMENT - SCHEDULE OF FEES - GENERALLY SUNDAYS AND HOLIDAYS The fee for opening graves for burial or disinterment purposes shall be as follows: 1. Generally ( c ) For the ashes of a cremated body $150. $25. $25. ( a ) A person the age of six years or over (b) A person under the age of six years 2. Funerals on Sunday or Legal Holiday ( c ) For the ashes of a cremated body $200. $50. $50. (a) A person the age of six years or over (b) A person under the age of six years SECTION 2. Section 9-14 of the Grand Island City Code is hereby amended to read as follows: Sec. 9-14. VAULTS - STANDARDS All cemetery vaults, except those used for children under the age of six years, or for ashes of a cremated body, . shall be made of cement composition or metal and of a type now in common use or of such materials and construction to meet the following minimum standards: APPRO~~ FO:", MAR 7 1983 LEGAL DEPARTMENT . , . .""n.< 1 ORDINANCE NO. 6898 (Contd) 1. 0.05 inch maximum deflection under normal burial conditions; e 2 . 5000 pound per square inch m~n~mum tolerance on cross section of container; 3 . 125 foot-pound minimum impact force tolerance at 20 degrees Farenheit without failure. SECTION 3. Original Sections 9-13, 9-14, and 9-20 of the Grand Island City Code, and all ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days, in one issue of the Grand Island Daily Independent, as provided by law. Enacted /4I'HA~ /11,.3 . . ATTEST: ~G~~ City Clerk - riz, Mayor e - 2 - . . '",.', ....,.. '.!.~ \ ("<? -$ t- , , " ~ ~ .,~ & ".~ ~ . ORDINANCE NO. 6899 An ordinance to extend the boundaries and include with- in the corporate limits of, and to annex to the City of Grand Island, Nebraska, certain contiguous and adjacent tracts of land, streets, and highways in part of Sections 13, 14, 23, 24, 25, 26, 27, 34, and 35, all in Township 11 North, Range 10 West of the 6th P.M., Hall County, Nebraska; to provide for service of benefits thereto; to provide notice of limited referendum; to provide severability; and to provide a time when this ordinance shall take effect and be in force. WHEREAS, it is hereby found and determined by the City Council of the City of Grand Island that: (a) The tracts of land and streets and highways in part of Sections 13} 14, 23, 24, 25, 26, 27, 34, and 35, all in Township 11 North, Range 10 West of the 6th P.M., Hall County, Nebraska, as hereinafter more particularly descri'bS!d, are urban and suburban in character and contiguous and adjacent to the corporate limits of such City, and are not agricultural land rural in character; and ,~,!' .~ '~';~. ......." .~ ,oi (b) :W '. .f,:1 .;4 ~ 'W .~ i There is a unity of interest in the use of such tracts of land and streets and highways with the use of lots, lands, streets, and highways in the City, and the com- munity 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. NOW, THEHEFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBHASKA: SECTION 1. That 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 tracts of land and streets and highways in part of Sections 13, 14, 23, 24, 25, 26, 27, 34, and 35, all in Township 11 North, Range 10 West of the 6th P.M., Hall County, Nebraska, more particularly described as follows: Beginning at a point 33 feet West of the Southeast corner of Section 13, Township 11 North, Range 10 West of the 6th P.M.; thence running West to a point 75 feet East of the West line of the Southeast Quarter of the Southeast Quarter of Section 13; thence running North a distance of 33 feet; thence running West parallel ORDINANCE NO. 6899 (Contd) . to and 33 feet North of the South line of Section 13 a distance of 150 feet; thence running South a distance of 33 feet; thence running West on the South line of Section 13 to the East line of the Southwest Quarter (SW~) of Section 13; thence running North a distance of 33 feet; thence running West parallel to and 33 feet North of the South line of the Southwest Quarter (SW~) of Section 13 to the West line of said Southwest Quarter (SW~); thence continuing West to a point 33 feet North and 33 feet West of the Southeast corner of Section 14, Township 11 North, Range 10 West of the 6th P.M.; thence running South to the North line of Section 23, Township 11 North, Range 10 West of the 6th P.M.; thence continuing South parallel to and 33 feet West of the East line of Section 23 to a point 300 feet North of the South line of the Northeast Quarter of the Northeast Quarter (NE~NE~) of Section 23; thence running West parallel to and 300 feet North of the South line of the Northeast Quarter of the North- east Quarter (NE~NE~) of Section 23 a distance of 300 feet; thence running South parallel to the East line of Section 23 a distance of 300 feet to the North line of Gosda Subdivision; thence running West on the North line of Gosda Subdivision to the Northwest corner of said subdivision; thence running South on the West line of Gosda Subdivision and its South prolongation, said line also being the East line of the West Half of the Northeast Quarter (W~NE~) of Section 23 to the North line of Garland Place, a Hall County Subdivision; thence running West on the North line of said Garland Place to the Northwest corner of said subdivision; thence running South on the West line of said Garland Place to the Southwest corner of said subdivision; thence running East on the South line of said Garland Place to the Northwest corner of Freedom Acres; thence running South on the West line of Freedom Acres to a point 33 feet North of the South line of Section 23, Township 11 North, Range 10 West of the 6th P.M.; thence running West parallel to and 33 feet North of the South line of Section 23 to the West line of the Southeast Quarter (SE~) of Section 23; thence running South a distance of 33 feet to the North Quarter corner of Section 26, Township 11 North, Range 10 West of the 6th P.M.; thence continuing South on the East line of the Northwest Quarter (NW~) of Section 26 to a point 225 feet North of the North right-of-way line of the Union Pacific Railroad, also known as the North right- of-way line of U.S. Highway No. 30; thence running Southwest parallel to and 225 feet North of the North right-of-way line of the Union Pacific Railroad, this distance being measured parallel to the East line of the Northwest Quarter (NW~) of Section 26 to the North- east corner of Bick's Second Subdivision; thence contin- uing Southwest along the North line of Bick's Second Subdivision to the Northwest corner of said subdivi- sion; thence running South on the West line of said subdivision to a point 208.7 feet North of the South line of the Northwest Quarter (NW~) of Section 26; thence running West parallel to and 208.7 feet North of the South line of the Northwest Quarter (NW~) of Section 26 to the East line of Section 27, Township 11 North, Range 10 West of the 6th P.M.; thence continuing West to a point 208.7 feet North and 33 feet West of the Southeast corner of the Northeast Quarter (NE~) of Section 27; thence running South parallel to and 33 feet West of the East line of Section 27 a distance of 208.7 feet to the North line . - 2 - ORDINANCE NO. 6899 Contd. . of the Southeast Quarter (SEi) of Section 27; thence running West on the North line of the Southeast Quarter (SEi) of Section 27 to the center of Section 27; thence running South on the I'vest line of the Southeast Quarter (SEi) of Section 27 to the South Quarter corner of Section 27; thence continuing South on the West line of the Northeast Quarter (NEi) of Section 34, Township 11 North, Range 10 West of the 6th P.M., a distance 33 feet; tl1.ence running East parallel to and 33 feet South of the North line of Section 34 to the East line of Section 34, also being the West line of Section 35, Township 11 North, Range 10 West of the 6th P.M.; thence continuing East parallel to and 33 feet South of the North line of Section 35 to the East line of the Northwest Quarter (NWi) of Section 35; thence run- ning North a distance of 33 feet to the North Quarter corner of Section 35, this point also being the South Quarter corner of Section 26, Township 11 North, Range 10 West of the 6th P.M.; thence continuing North along the West line of the Southeast Quarter (SEi) of Section 26 a distance of 940 feet; thence running East parallel to the South line of the Southeast Quarter (SEi) of Section 26 a distance of 902.08 feet; thence deflecting left 440 55' and running northeasterly a distance of 648.85 feet; thence running North parallel to the East line of the Southeast Quarter (SEi) of Section 26 a distance of 301.72 feet to the South line of Chief Industrial Park Subdivision; thence running East on the South line of Chief Industrial Park Subdivision to a point 33 feet West of the East line of the South- east Quarter (SEi) of Section 26; thence running South parallel to and 33 feet West of the East line of the Southeast Quarter (SEi) of Section 26 to the North line of Castle Estates Subdivision; thence running West a distance of 7.0 feet; thence running South on the West right-of-way line of North Road to the westerly prolong- ation of the South line of Marylane Subdivision; thence running East on the Westerly prolongation of the South line of Marylane Subdivision and on the South line of said subdivision to the Southeast corner of Marylane Subdivision; thence running North on the East line of Marylane Subdivision and Kentish Hills Subdivision to the Northeast corner of Kentish Hills Subdivision, said point being on the East line of the West Half of the Southwest Quarter (wtsWi) of Section 25, Township 11 North, Range 10 West of the 6th P.M.; thence continuing North on the East line of the West Half of the South- west Quarter (wtsWi) of Section 25 to the Southeast corner of Hayman's Subdivision; thence continuing North on the East line of Hayman's Subdivision; also being the West line of the East Half of the Northwest Quarter (EtNWt) of Section 25, Township 11 North, Range 10 West of the 6th P.M., to the Southwest corner of the West Half of the Northwest Quarter of the Northeast Quarter of the Northwest Quarter (wtNwiNEiNWi) of Section 25; thence running East to the Southeast corner of the West Half of the Northwest Quarter of the Northeast Quarter of the Northwest Quarter (wtNwiNEiNWi) of Section 25; thence running North to the Northeast corner of the West Half of the Northwest Quarter of the Northeast Quarter of the Northwest Quarter (wtNwiNEiNWi) of Section 25; thence continuing North a distance of 33 feet; thence running East parallel to and 33 feet North of the South line of Section 24, Township 11 North, Range 10 West of the 6th P.M., to a point on the West . - 3 - ORDINANCE NO. 6899 (Contd) . line of the Southeast Quarter (SE~) of Section 24; thence running North on the West line of the Southeast Quarter (SE~) of Section 24 to the southerly line of the Union Pacific Railroad right-of-way; thence running Northeast along the southerly line of the Union Pacific Railroad right-of-way to the West line of the East Half of the Southeast Quarter (EtSEi) of Section 24; thence running North on the West line of the East Half of the Southeast Quarter (EtSEi) and the West line of the Southeast Quarter of the Northeast Quarter (SEiNE~), all in Section 24, to the Northwest corner of the South- east Quarter of the Northeast Quarter (SEiNE~) of Section 24; thence running East on the North line of the Southeast Quarter of the Northeast Quarter (SEiNE~) of Section 24 to a point 33 feet West of the East line of Section 24; thence running North parallel to and 33 feet West of the East line of Section 24 to a point 1083 feet, more or less, South of the North line of Section 24; thence deflecting left 890 03' and running West a distance of 627 feet; thence deflecting right 890 03' and running North a distance of 228 feet to the southerly right-of-way line of U.S. Highway No. 30; thence running Northeast along the southerly right- of-way line of U.S. Highway No. 30 a distance of 61.8 feet; thence deflecting right and running East a distance of 568.9 feet to a point 833 feet South and 33 feet West of the Northeast corner of Section 24; thence running North parallel to and 33 feet West of the East line of Section 24 to the North line of Section 24, also being the point of beginning, excepting the tract of land in the North Half of the Northeast Quarter (NtNEi) of Section 24, Township 11 North, Range 10 West of the 6th P.M., that is designated a County Industrial Area. SECTION 2. Such tract of land and streets and high~ays are hereby annexed to the City of Grand Island, Hall County, Nebraska. SECTION 3. Upon the taking effect of this ordinance, the inhabitants of territories annexed herein shall receive substantially the benefits of other inhabitants of the City of Grand Island as soon as practicable and as provided by law. Such inhabitants shall be subject to the ordinances and regulations of the City of Grand Island except that any extraterritorial property use regulations imposed upon any annexed lands by the City before such annexation shall . continue in full force and effect until otherwise changed. SECTION 4. This ordinance may be subject to limited referendum pursuant to Neb. Rev. Stat. ~ 18-2528 (1982 Cum. - L;. - ORDINANCE NO. 6899 (Contd) Supp.) for a period of thirty days after the first publi- cation of this ordinance. After such thirty day period, . this ordinance, the annexation of the above described tract of land and streets and highways and measures related to it will not be subject to further right of referendum. SECTION 5. If any section, subsection, sentence, clause, or phrase 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, sub- section, clause, or phrase separately. SECTION 6. This ordinance shall be in force and take effect from and after its passage, approval, and publication in the Grand Island Daily Independent, as provided by law, and on September 6, 1983. Enacted 2.SAP~'''' 9 3 . ATTEST: ~/~AA!Z.it~ ~ . City Clerk . - 5 - , J =e .....1 a:: Z, 0 ('Y") LIJ ;, u. CO ~, (b) .~ 0"> t-; ...- 0:' M <C. 0.. C'(l LIJ! ~ 0 c::( ..J ::E <C (1)\ LU' ...J' . . ORDINANCE NO. 6900 An ordinance to extend the boundaries and include with- in the corporate limits of, and to annex to the City of Grand Island, Nebraska, certain contiguous and adjacent tracts of land, streets, and highways in part of Sections 13, 14, 23, and 24, all in Township 11 North, Range 10 West of the 6th P.M., Hall County, Nebraska; to provide for service of benefits thereto; to provide notice of limited referendum; to provide severability; and to provide a time when this ordinance shall take effect and be in force. WHEREAS, it is hereby found and determined by the City Council of the City of Grand Island that: (a) The tracts of land and streets and highways in part of Sections 13, 14, 23, and 24, all in Townshjp 11 North, Range 10 West of the 6th P.M., Hall County, Nebraska, as hereinafter more particularly described, are urban and suburban in character and contiguous and adjacent to the corporate limits of such City, and are not agricultural land rural in character; and There is a unity of interest in the use of such tracts of land and streets and highways with the use of lots, lands, streets, and highways in the City, and the com- munity 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. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That 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 tracts of land and streets and highways in part of Sections 13, 14, 23, and 24, all in Township 11 North, Range 10 West of the 6th P.M., Hall County, Nebraska, more particularly described as follows: Beginning at a point on the East right-of-way line of u.S. Highway No. 281 and 33 feet North of the South line of Section 13, Township 11 North, Range 10 West of the 6th P.M.; thence running North on the East right-of-way line of u.S. Highway No. 281 to the South line of the Northeast Quarter of the Southeast Quarter (NEiSEt) of Section 13; thence running East on the South line of the Northeast Quarter of the Southeast Quarter (NEtSEt) of Section 13 to a point 290 feet West ORDINANCE NO. 6900 (Contd) . of the East line of Section 13; thence running Noeth parallel to and 290 feet West of the East line of Section 13 to a point 300 feet South of the South right-of-way line of Faidley Avenue; thence running West parallel to and 300 feet South of the South line of Faidley Avenue to the East right-of-way line of U.S. Highway No. 281; thence running North on the East right-of-way line of U.S. Highway No. 281 a distance of 380 feet to the North right-of-way line of Faidley Avenue, said point also being 80 feet North of the North line of the Southeast Quarter (SEi) of Section 13; thence running West parallel to and 80 feet North of the North line of the Southeast Quarter (SEi) of Section 13 a distance of 500 feet; thence running South parallel to the West right-of-way line of U.S. Highway No. 281 a distance of 80 feet to the North line of the Southeast Quarter (SEi) of Section 13; thence running West on the North line of the Southeast Quarter (SEi) of Section 13 and on the North line of the Southwest Quarter (SWi) of Section 13 to a point 33 feet East of the West line of Section 13; thence running North parallel to and 33 feet East of the West line of Section 13 to the North line of the Southwest Quarter of the Northwest Quarter (SWiNWi) of Section 13; thence running West on the North line of the Southwest Quarter of the Northwest Quarter (SWiNWi) of Section 13 to the West line of Section 13; thence continuing West on the North line of the South Half of the Northeast Quarter (S!NEi) of Section 14, Township 11 North, Range 10 West of the 6th P.M., also being the North line of Westwood Park Subdivision and Westwood Park Second Subdivision, to the Northwest corner of Westwood Park Second Subdiv- ision; thence running South on the West line of West- wood Park Second Subdivision, also being the East line of the Northwest Quarter (NWi) of Section 14 to the Southwest corner of Westwood Park Second Subdivision; thence continuing South to the Southeast corner of the Northwest Quarter (Nwi) of Section 14, also being the Northeast corner of Dale Roush Second Subdivision; thence running West on the North line of Dale Roush Second Subdivision to the Northwest corner of said sub- division; thence running South on the West line of Dale Roush Second Subdivision, also being the West line of the East Half of the Southwest Quarter (E!sWi) of Section 14, to the Southwest corner of Lot 45 in Dale Roush Second Subdivision; thence continuing South on the West line of the East Half of the Southwest Quarter (E!swi) of Section 14 to the South line of Section 14; thence continuing South on the West line of the East Half of the Northwest Quarter (E!NWi) of Section 23, Township 11 North, Range 10 West, a distance of 33 feet; thence running East parallel to and 33 feet South of the North line of Section 23 to the East line of Section 23; thence continuing East parallel to and 33 feet South of the North line of Section 24, Township 11 North, Range 10 West of the 6th P.M., to West line of the Northeast Quarter (NEi) of Section 24; thence runn- ing North a distance of 33 feet to the Southwest corner of the Squtheast Quarter (sEi) of Section 13, Township 11 North, Range 10 West of the 6th P.M.; thence continu- ing North on the West line of the Southwest Quarter of the Southeast Quarter (SWiSEi) of Section 13, also be- ing the West line of Block 1 in Commonwealth Business Park Subdivision and the West line of Commonwealth Busi- ness Park Third Subdivision, to the Northwest corner of the . - 2 - ORDINANCE NO. 6900 (Contd) . Southwest Quarter of the Southeast Quarter (SW{SE{) of Section 13, also being the Northwest corner of Commonwealth Business Park Third Subdivision; thence running East on the North line of Commonwealth Business Park Third Subdivision to the East right-of-way line of Diers Avenue; thence running South on the East line of Diers Avenue a distance of 689.8 feet; thence deflecting left and running Southeast along the east- erly right-of-way line of Diers Avenue a distance of 103.08 feet; thence deflecting right and running South on the East right-of-way line of Diers Avenue a distance of 44 feet; thence deflecting left and running East a distance of 5.0 feet to a point on the West right-of-way line of U.S. Highway No. 281, also being 75.0 feet West of the East line of the Southwest Quarter of the Southeast Quarter (SW{SE{) of Section 13, Township 11 North, Range 10 West of the 6th P.M.; thence running South on the West line of U.S. Highway No. 281 to a point 33 feet North of the South line of Section 13; thence running East parallel to and 33 feet North of the South line of Section 13 a distance of 150 feet to the point of beginning. SECTION 2. Such tract of land and streets and highways are hereby annexed to the City of Grand Island, Hall County, Nebraska. SECTION 3. Upon the taking effect of this ordinance, the inhabitants of territories annexed herein shall receive substantially the benefits of other inhabitants of the City of Grand Island as soon as practicable and as provided by law. Such inhabitants shall be subject to the ordinances and regulations of the City of Grand Island except that any extraterritorial property use regulations imposed upon any annexed lands by the City before such annexation shall continue in full force and effect until otherwise changed. SECTION 4. This ordinance may be subject to limited referendum pursuant to Neb. Rev. Stat. ~ 18-2528 (1982 Cum. Supp.) for a period of thirty days after the first publi- cation of this ordinance. After such thirty day period, this ordinance, the annexation of the above described tract . of land and streets and highways and measures related to it will not be subject to further right of referendum. SECTION 5. If any section, subsection, sentence, clause, or phrase of this ordinance, or the annexation of - 3 - ORDINANCE NO. 6900 (Contd) 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, sub- section, clause, or phrase separately. SECTION 6. This ordinance shall be in force and take effect from and after its passage, approval, and publication in the Grand Island Daily Independent, as provided by law, and on September 6, 1983. Enacted 25 APlin. 83 . Mayor ATTEST: /P~~~<< - City Clerk . - 4 - . ORDINANCE NO. 6901 An ordinance to extend the boundaries and include with- in the corporate limits of, and to annex to the City of Grand Island, Nebraska, certain contiguous and adjacent tracts of land, streets, and highways in part of Sections 1, 2, 11, 12, 13, and 14, all in Township 11 North, Range 10 West of the 6th P.M., Hall County, Nebraska; to provide for service of benefits thereto; to provide notice of limited referendum; to provide severability; and to provide a time when this ordinance shall take effect and be in force. WHEREAS, it is hereby found and determined by the City Council of the City of Grand Island that: ( a) The tracts of land and streets and highways in part of Sections 1, 2, 11, 12, 13, and 14, all in Township 11 North, Range 10 West of the 6th P.M., Hall County, Nebraska, as hereinafter more particularly described, are urban and suburban in character and contiguous and adjacent to the corporate limits of such City, and are not agricultural land rural in character; and ::e ~ ,~ l Ql.. ,', ~~~' , W( g."f",' 0.. OJ c( , ~-, . I ("Y') m ...- ~,,"., C'\2 0::: d: ~, ..... ," :a:' LlJ ~ J- . Q:.(b) <( Q<. ,~ There is a unity of interest in the use of such tracts of land and streets and highways with the use of lots, lands, streets, and highways in the City, and the com- munity 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. -' <( '" " ~,. ~'. '~ . !Ol;. ~. . .. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL " OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the boundaries of the City of Grand tsrand, Nebraska, be, and hereby are, extended to include within the corporate limits of such City the contiguous and adjacent tracts of land and streets and highways in part of Sections 1, 2, 11, 12, 13, and 14, all in Township 11 North, Range 10 West of the 6th P.M., Hall County, Nebraska, more particularly described as follows: Beginning at a point where the East right-of-way line of U.S. Highway No. 281 intersects with the South line of Faidley Avenue; thence running North along the East right-of-way line of U.S. Highway No. 281 a distance of 380 feet; thence running East parallel to and 300 feet North of the North line of Faidley Avenue to a point 389 feet West of the East line of Section 13, Township 11 North, Range 10 West of the 6th P.M.; thence running North parallel to and 389 feet West of ORDINANCE NO. 6901 (Contd) . the Eas.t line of Section 13 a distance of 20.0 feet; thence running East parallel to and 320 feet North of the North line of Faidley Avenue a distance of 356.0 feet; thence running North parallel to and 33 feet West of the East line of Section 13 to the South line of Meadowlark West 2nd Subdivision; thence running West on the South line of Meadowlark West 2nd Subdivision to the East right-of-way line of u.S. Highway No. 281; thence running North on the East right-of-way line of u.S. Highway No. 281 to a point 33 feet North and 75 feet East of the Southwest corner of the Southeast Quarter of the Southeast Quarter (SEisEi) of Section 1, Township 11 North, Range 10 West of the 6th P.M.; thence running West a distance of 250 feet to a point 175 feet West and 33 feet North of the Southeast corner of Southwest Quarter of the Southeast Quarter (SWiSEi), Section 1; thence running South a distance of 33 feet to the South line of Section 1; thence running West to the Southwest corner of the Southeast Quarter-(SEi) of Section 1; th~nce running North on the West line of the Southeast Quarter (SEi) of Section 1, also being the West line of Bosselman Second Subdivision, a dis- tance of 33 feet; thence running West parallel to and 33 feet North of the South line of Section 1 to the West line of Section 1; thence continuing West to a point 33 feet North and 33 feet West of the Southeast corner of Section 2, Township 11 North, Range 10 West of the 6th P.M.; thence running South a distance of 33 feet to the North line of Section 11, Township 11 North, Range 10 West of the 6th P.M.; thence running South parallel to and 33 feet West of the East line of Section 11 to the South line of Section 11; thence continuing South to a point 33 feet South and 33 feet West of the Northeast corner of Section 14, Township 11 North, Range 10 West of the 6th P.M.; thence running East a distance of 33 feet to the West line of Section 13, Township 11 North, Range 10 West of the 6th P.M.; thence continuing East parallel to and 33 feet South of the North line of Section 13 to the West line of the East Half of the Northwest Quarter (EiNWi), Section 13; thence running South on the West line of the East Half of the Northwest Quarter (EiNWi), Section 13, to the Southwest corner of the Southeast Quarter of the North- west Quarter (SEiNWi) of Section 13; thence running East on the South line of the Southeast Quarter of the Northwest Quarter (SEiNWi) of Section 13 to the South- west corner of the Northeast Quarter (NEi) of said Section 13; thence continuing East on the South line of the Northeast Quarter (NEi) of Section 13 to the East right-of-way line of u.S. Highway No. 281, also being the point of beginning. SECTION 2. Such tract of land and streets and highways are hereby annexed to the City of Grand Island, Hall County, Nebraska. e SECTION 3. Upon the taking effect of this ordinance, the inhabitants of territories annexed herein shall receive substantially the benefits of other inhabitants of the City of Grand Island as soon as practicable and as provided by law. Such inhabitants shall be subject to the ordinances and regulations of the City of Grand Island except that any extraterritorial property use regulations imposed upon any ORDINANCE NO. 6901 (Contd) annexed lands by the City before such annexation shall continue in full force and effect until otherwise changed. SECTION 4. This ordinance may be subject to limited . referendum pursuant to Neb. Rev. Stat. ~ 18-2528 (1982 Cum. Supp.) for a period of thirty days after the first publi- cation of this ordinance. After such thirty day period, this ordinance, the annexation of the above described tract of land and streets and highways and measures related to it will not be subject to further right of referendum. SECTION 5. If any section, subsection, sentence, clause, or phrase 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, sub- section, clause, or phrase separately. SECTION 6. This ordinance shall be in force and take effect from and after its passage, approval, and publication in the Grand Island Daily Independent, as provided by law, and on September 6, 1983. Enacted z.",....tt.... 8S ~. Ro er L ~r~z, Mayor AT~ "'//- //~ - ~.~Oi -- . City Clerk . - 3 - . I' ~ ~. i . . ."'':r ('f") ,co 0") .-- M ~ 0:: <:t: .$E . I , ~." ORDINANCE NO. 6902 An ordinance to extend the boundaries and include with- in the corporate limits of, and to annex to the City of Grand Island, Nebraska, certain contiguous and adjacent tracts of land, streets, and highways in part of Sections 1, 2, 3, 10, 11, 12, 13, and 14, all in Township 11 North, Range 10 West of the 6th P.M., Hall County, Nebraska; to provide for service of benefits thereto; to provide notice of limited referendum; to provide severability; and to provide a time when this ordinance shall take effect and be in force. WHEREAS, it is hereby found and determined by the City Council of the City of Grand Island that: (a) The tracts of land and streets and highways in part of Sections 1, 2, 3, 10, 11, 12, 13, and 14, all in Town- ship 11 North, Range 10 West of the 6th P.M., Hall County, Nebraska, as hereinafter more particularly described, are urban and suburban in character and contiguous and adjacent to the corporate limits of such City, and are not agricultural land rural in character; and ~~} .~ Q:. <C 'Q,.. . ( ) W' b (;) ~i (D. ~. There is a unity of interest in the use of such tracts of land and streets and highways with the use of lots, lands, streets, and highways in the City, and the com- munity 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. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That 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 tracts of land and streets and highways in part of Sections 1, 2, 3, 10, 11, 12, 13, and 14, all in Township 11 North, Range 10 West of the 6th P.M., Hall County, Nebraska, more particularly described as follows: Beginning at a point 33 feet South and 75 feet East of the Southwest dorner of the Southeast Quarter of the Southeast Quarter (sEiSEi) of Section 1, Township 11 North, Range 10 West of the 6th P.M.; thence running North on the East right-of-way line of U.S. Highway No. 281 for a distance of 2,157.3 feet; thence deflect- ORDINANCE NO. 6902 (Contd) . ing slightly right and continuing North on the easterly right-of-way line of U.S. Highway No. 281 and the north- erly prolongation of this last described course to the North line of the Southeast Quarter (SEt) of Section 1, Township 11 North, Range 10 West of the 6th P.M.; thence running West on the North line of said Southeast Quarter (SEt) of Section 1 to the easterly line of Bosselman Second Subdivision; thence running southwest- erly on the easterly line of Bosselman Second Subdivis- ion to the Southeast corner of Lot 42 in said subdivis- ion; thence deflecting right and running southwesterly along the East line of Lot 43 of said subdivision a distance of 112.29 feet to a point on a curved line having a radius of 494 feet; thence continuing in a southerly direction on a line curving to the left, having a radius of 494 feet, for an arc distance of 775.96 feet, this last described course being the East side of Lot 43 in Bosselman Second Subdivision, and the East right-of-way line of Diers Avenue; thence con- tinuing southerly on a line curving to the right and having a radius of 600 feet for an arc distance of 544.54 feet, this last described course being on the easterly right-of-way line of Diers Avenue; thence run- ning southerly on the East right-of-way line of Diers Avenue for a distance of 603.47 feet; thence deflecting right 60 54' 20" and running South along the easterly right-of-way line of Diers Avenue and the easterly line of Bosselman Subdivision a distance of 552.27 feet; thence deflecting right 50 09' 00" and running South a distance of 200 feet; thence deflecting right 350 12' 00" and running southwesterly a distance of 95.5 feet to the North right-of-way line of Capital Avenue; thence running South a distance of 45.0 feet to the South line of the Southwest Quarter of the Southeast Quarter (SWtSEt) of Section 1, Township 11 North, Range 10 West of the 6th P.M.; thence running West on the South line of said Southwest Quarter of the Southeast Quarter of Section 1 to the West line of Bosselman Second Subdivision; thence running North on the West line of Bosselman Second Subdivision to the southerly right-of-way line of Nebraska Highway No.2; thence running northwesterly along the southerly right-of-way line of Nebraska Highway No.2 to a point 1,359.09 feet northwesterly of the intersection of the West right-of- way line of Independence Avenue and the southerly right-of-way line of Nebraska Highway No.2; thence running South a distance of 1,054.34 feet to the North- west corner of Capital Heights Eighth Subdivision; thence running South on the West line of Capital Heights Eighth Subdivision and Capital Heights Seventh Subdivision to the North line of Jack Voss Horse Country Club Subdivision; thence running West on the North line of Jack Voss Horse Country Club Subdivision to the Northwest corner of said subdivision; thence continuing West to a point on the North line of the Southeast Quarter (SEt) of Section 3, Township 11 North, Range 10 West of the 6th P.M., said point being 33 feet West of the Northeast corner of said Southeast Quarter (SEt) of Section 3; thence running South 33 feet West of and parallel to the East line of the Southeast Quarter (SEt) of Section 3 to the North line of the Northeast Quarter (NEt) of Section 10, Township 11 North, Range 10 West; thence continuing South parallel to and 33 feet West of the East line of said Section 10 to the . - 2 - ORDINANCE NO. 6902 (Contd) . westerly prolongation of the South line of Western Heights Subdivision; thence running East along the South line of Western Heights Subdivision and its west- erly prolongation to the West line of Western Heights Third Subdivision; thence running South on the West line of Western Heights Third and Fourth Subdivisions to the North line of Bockman First Subdivision; thence running West to the Northwest corner of Bockman First Subdivision; thence running South on the West line of Bockman First Subdivision and its southerly prolong- ation to a point 33 feet South of the North line of Section 14, Township 11 North, Range 10 West of the 6th P.M.; thence running East parallel to and 33 feet South of the North line of said Section 14 to the East line of Section 14; thence continuing East to a point 33 South and 33 feet East of the Northwest corner of Section 13, Township 11 North, Range 10 West of the 6th P.M.; thence running North to a point 33 feet East of the Southwest corner of Section 12, Township 11 North, Range 10 West; thence co~tinuing North parallel to and 33 feet East of the West line of Section 12 to a point 33 feet South and 33 feet East of the Northwest corner of Section 12; thence running East parallel to and 33 feet South of the North line of Section 12 to the East right-of-way line of u.S. Highway No. 281, also being the point of beginning. SECTION 2. Such tract of land and streets and highways are hereby annexed to the City of Grand Island, Hall County, Nebraska. SECTION 3. Upon the taking effect of this ordinance, the inhabitants of territories annexed herein shall receive substantially the benefits of other inhabitants of the City of Grand Island as soon as practicable and as provided by law. Such inhabitants shall be subject to the ordinances and regulations of the City of Grand Island except that any extraterritorial property use regulations imposed upon any annexed lands by the City before such annexation shall continue in full force and effect until otherwise changed. SECTION 4. This ordinance may be subject to limited referendum pursuant to Neb. Rev. Stat. S 18-2528 (1982 Cum. Supp.) for a period of thirty days after the first publi- . cation of this ordinance. After such thirty day period, this ordinance, the annexation of the above described tract of land and streets and highways and measures related to it will not be subject to further right of referendum. - 3 - ORDINANCE NO. 6902 (Contd) SECTION 5. If any section, subsection, sentence, clause, or phrase 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, sub- section, clause, or phrase separately. SECTION 6. This ordinance shall be in force and take effect from and after its passage, approval, and publication in the Grand Island Daily Independent, as provided by law, and on September 6, 1983. Enacted ZS" A"ICI~ & J. uiL~~ ~ Ro ert riz, Mayor ATTEST: /f,f~Lk ~ ~ City Clerk . - 4 - :!. " . ORDINANCE NO. 6903 An ordinance to extend the boundaries and include with- in the corporate limits of, and to annex to the City of Grand Island, Nebraska, certain contiguous and adjacent tracts of land, streets, and highways in the North Half (Ni) of Sections 1 and 2, both in Township 11 North, Range 10 West of the 6th P.M., Hall County, Nebraska; to provide for service of benefits thereto; to provide notice of limited referendum; to provide severability; and to provide a time when this ordinance shall take effect and be in force. WHEREAS, it is hereby found and determined by the City Council of the City of Grand Island that: (a) ,.,. .....;>"......'1 ; 1 .,l.:e .Q: p "'" :~ 'tr ~ ,"'~ . ('t"') '(lO 0') ..... (lQ <N 0::: c:::( :IE The tracts of land and streets and highways in the North Half (Ni) of Sections 1 and 2, Township 11 North, Range 10 West of the 6th P.M., Hall County, Nebraska, as hereinafter more particularly described, are urban and suburban in character and contiguous and adjacent to the corporate limits of such City, and are not agricultural land rural in character; and There is a unity of interest in the use of such tracts of land and streets and highways with the use of lots, lands, streets, and highways in the City, and the com- munity 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. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That 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 tracts of land and streets and highways in the North Half (Ni) of Sections 1 and 2, Township 11 North, Range 10 West of the 6th P.M., Hall County, Nebraska, more particularly described as follows: Beginning at a point where the northerly right-of-way line of the Burlington Northern Railroad intersects the North line of the Southeast Quarter (SEi) of Section 1, Township 11 North, Range 10 West of the 6th P.M.; thence running Northwest on the northerly right- of-way line of the Burlington Northern Railroad to the West line of the East Half of the Northwest Quarter (EiNWi) of Section 2, Township 11 North, Range 10 West ORDINANCE NO. 6903 (Contd) . of the 6th P.M.; thence running South on the West line of the East Half of the Northwest Quarter (E!NWi) of Section 2 to the southerly right-of-way line of Nebraska Highway No.2; thence running Southeast on the southerly right-of-way line of Nebraska Highway No. 2 to the Northeast corner of Bosselman Second Sub- division; thence running southwesterly on the easterly line of Bosselman Second Subdivision to the North line of the Southeast Quarter of Section 1, Township 11 North, Range 10 West of the 6th P.M.; thence running East on the North line of the Southeast Quarter (SEi) of Section 1 to the point of beginning. SECTION 2. Such tract of land and streets and highways are hereby annexed to the City of Grand Island, Hall County, Nebraska. SECTION 3. Upon the taking effect of this ordinance, the inhabitants of territories annexed herein shall receive substantially the benefits of other inhabitants of the City of Grand Island as soon as practicable and as provided by law. Such inhabitants shall be subject to the ordinances and regulations of the City of Grand Island except that any extraterritorial property use regulations imposed upon any annexed lands by the City before such annexation shall continue in full force and effect until otherwise changed. SECTION 4. This ordinance may be subject to limited referendum pursuant to Neb. Rev. Stat. S 18-2528 (1982 Cum. Supp.) for a period of thirty days after the first publi- cation of this ordinance. After such thirty day period, this ordinance, the annexation of the above described tract of land and streets and highways and measures related to it will not be subject to further right of referendum. SECTION 5. If any section, subsection, sentence, clause, or phrase 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, sub- section, clause, or phrase separately. - 2 - ORDINANCE NO. 6903 (Contd) SECTION 6. This ordinance shall be in force and take effect from and after its passage, approval, and publication . in the Grand Island Daily Independent, as provided by law, and on September 6, 1983. Enacted Z S'" APR." 83. ATTEST: 4Y~ ity Clerk . - 3 - . "" ORDINANCE NO. 6904 An ordinance to amend Section 20-106 of the Grand Island City Code pertaining to truck routes by adding portions of certain streets thereto; to repeal the original Section 20-106; to provide a penalty; and to provide the effective date of this ordinance. NOW, THEREFORE, BElT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 20-106 of the Grand Island City Code is hereby amended to read as follows: Sec. 20-106. TRUCK ROUTES DESIGNATED The following streets, avenues, and highways in the City of Grand Island, Nebraska, are hereby designated as truck routes: (1) U.S. Highway No. 281 - Between U.S. Highway No. 281 and Nebraska Route No. 2 to Broadwell Avenue; (2) Capital Avenue Between U.S. Highway No. 281 and Stuhr Road; :!: 0:: ~ g ~~ o;? UJ ~ a:: a. a. <( "(V') .. co \ 0'> 'I -- , .... Z .W ,:; '.... 'Q: , ..q: "I; 0.... l.&J; :0 ..J :<J: ;0 1l.&J ;;...1 ~ 0:: 0- c::t . (]) Fourth Street Between Eddy Street and Stuhr Road, and Stuhr Road between Capital Avenue and Fourth Street; (4) North Front Street Between Broadwell Avenue and Elm Street; (5) Old Potash Highway Between Webb Road and Carey Avenue, and Garfield Avenue between Carey Avenue and Third Street; (6,) U. S. Highway No. 30 Between Webb Road and Second Street, and Second Street between Garfield Avenue and easterly city limits at Wainwright Street extended; (7) Old<Highway No. 30 Between U.S. Highway No. 281 and New U.S. Highway No. 30; (8) Second Street Between Webb Road and Garfield Avenue; (9) First Street Between Greenwich Street and Vine Street, and Greenwich Street between First Street and Second Street; (10) Anna Street Between Broadwell Avenue and South Locust Street; (11) Oklahoma Avenue Between Adams Street and South Locust Street; ORDINANCE NO. 6904 (Contd) (12) Bismark Road . (13) Seedling Mile Road (14) Fonner Park Road (15) Stolley Park Road (16) u.s. Highway No. 34 (17) U.S. Highway No. 281 - (18) Webb Road (19) Broadwell Avenue (20) Blaine Street ( 21) Adams Street (22) Lincoln Street (23) South Locust Street (24 ) Eddy Street (25 ) Sycamore Street ( 26 ) Stuhr Road (27) Shady Bend Road (28) Elm Street . (29) Walnut Street (30) Third Street Between South Locust Street and easterly city limits just east of Stuhr Road; Between Stuhr Road and east- erly city limits just east of Shady Bend Road; Between Adams Street and Stuhr Road; Between U.S. Highway No. 281 and easterly city limits east of Bellwood Drive; Between one-half mile west of South Locust Street and one-quarter mile east of South Locust Street; Between Stolley Park Road and U.S. Highway No. 30; Between the southerly city limits and the northerly city limits; Between Anna Street and Capital Avenue; Between U.S. Highway No. 34 and Stolley Park Road; Between Stolley Park Road and Anna Street; Between Second Street and North Front Street; Between Walnut Street and the southerly city limits; Between Oklahoma Street and State Street; Between First Street and Fourth Street; Between Seedling Mile Road and the southerly city limits; Between one-quarter mile south of Seedling Mile Road and one- quarter mile north of Seedling Mile Road; Between Second Street and Fourth Street; Between Second Street and South Locust Street; Between Broadwell and Blaine, and Blaine between Third and Second Streets; ORDINANCE NO. 6904 (Contd) (31) St. Paul Road Between Fourth Street and Capital Avenue; . (32) Oak Street Between Fourth Street and South Front Street; (33) South Front Street Between Oak and Vine Streets; (34) Vine Street Between South Front Street and First Street. SECTION 2. That the original Section 20-106 of the Grand Island City Code as heretofore existing, is hereby repealed. SECTION 3. Any person violating the provisions of this ordinance shall be punished under the provisions of Section 1-7 of the Grand Island City Code. SECTION 4. 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, as provided by law. Enacted // April /133 , ATTEST: C?,(~~ City C erk . - 3 - ORDINANCE NO. 6905 An ordinance to enact a new Chapter 4 of the Grand . Island City Code pertaining to the regulations of alcoholic beverages within the City of Grand Island; to repeal Chapter 4 as it heretofore existed; to provide for penalties; to provide for severability; and to provide the effective date of this ordinance. WHEREAS, the City Council of the City of Grand Island has reviewed its policy with regard to the general enforce- ment and administration of the state and municipal liquor laws; and WHEREAS, it is in the best interest of all concerned that the City Council continue to re-evaluate and publicly enunciate the standards and guidelines which it will follow in meeting its responsibilities and duties in enforcement and administration of the laws pertaining to the sale and traffic of alcoholic liquors; and WHEREAS, it is the belief of the City Council that the majority of the citizens of Grand Island are desirous of the City Council controlling the location and quality of liquor licenses in the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That new Chapter 4 of the Grand Island City Code pertaining to Alcoholic Beverages, comprising Sections 4-1 through 4-22, shall read as follows: CHAPTER 4 ALCOHOLIC BEVERAGES Sec. 4-1. DEFINITIONS . For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: . APPRO~ '1 TO F~~ P.P? 4 1983 LEGAL DEPARTMENT' ORDINANCE NO. 6905 (Contd) . Alcohol. This word means the product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and includes syn- thetic ethyl alcohol. It does not include denatured alcohol or wood alcohol. Alcoholic liquor. These words include the four varieties of liquor defined in this section as "alcohol", "spirits", "wine", and "beer" and every liquid or solid, patented, or not, containing alcohol, spirit, wine or beer, and capable of being consumed as a beverage by a human being. The provisions of this chapter shall not apply to alcohol used in the manu- facture of denatured alcohol produced in accordance with acts of congress and regulations promulgated there- under, nor shall the provisions of this chapter apply to flavoring extracts, syrups, or medicinal, mechani- cal, scientific, culinary or toilet preparations, or food products unfit for beverage purposes, but the pro- visions of this chapter shall not be construed to exclude or not apply to the alcoholic liquor used in the manufacture, preparation or compounding of such products. None of the provisions of this chapter shall apply to wine intended for use and used by any church or religious organization for sacramental purposes. Beer. This word means a beverage obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water, and includes, among other things, beer, ale, stout, lager beer, near beer, porter, and the like. Commission. This word means the Nebraska Liquor Control Commission. Distributor. This word means the person importing or causing to be imported into the state, or purchasing or causing to be purchased within the state, alcoholic liquors for sale or resale to retailers licensed under the Nebraska Liquor Control Act. sale of oods, wares and mer- or beer. The wor s "engage goods, wares and merchandise other than liquor or beer" shall be defined as any establishment where over sixty percent of the gross sales are of goods, wares, and merchandise other than liquor and beer. Retailer. This word means a person who sells, or offers for sale, alcoholic liquors for use and consump- tion, and not for resale in any form. . Sale. This word means any transfer, exchange, or bar- ter in any manner or by any means whatsoever for a con- sideration, and includes and means all sales made by any person, whether principal, proprietor, agent, servant, or employee. Sell at retail and sale at retail. These phrases refer to and mean sales for use or consumption and not for resale in any form. - 2 - ORDINANCE NO. 6905 (Contd) . Spirit. This word means any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin, or other spiritous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances. To sell. These words include to solicit or receive an order for, to keep, or expose for sale, and to keep with intent to sell. Wine. This word means any alcoholic beverage obtained ~he fermentation of the natural contents of fruits or vegetables, containing sugar, including such bever- ages when fortified by the addition of alcoholic spirits, as defined in this section. Non-profit corporation. This definition means a corpor- ation, whether located within any incorporated city or village or not, organized under the laws of this state, not for profit, and which has been exempted from the payment of federal income taxes, as provided by Sec. SOl(c) 4, (7), or (8), Internal Revenue Code of 1954. Sec. 4-2. FACTORS CONSIDERED IN ISSUING LICENSES In addition to the absolute prohibition contained in the Nebraska Liquor Control Act against the granting of licenses to sell alcoholic liquor under certain conditions specified therein, the city council in determining whether or not any license applied for shall be granted or recom- mended, shall examine and consider the following in the pub- lic interest and welfare and for the good government of the city as a part of the hearing provided by said Liquor Act, in determining the propriety of granting any such license: (a) The general fitness of the applicant to conduct such business. (b) If applicant is a previous holder of a license to sell alcoholic liquors, whether or not he has violated any of the laws or ordinances relating to such business. (c) If applicant is a previous holder of a license to sell alcoholic liquors, the manner in which he conducted the business thereunder as to the necessity for police observation and inspection in order to prevent viola- tion of laws or ordinances relating to such business; also, whether such license was ever suspended for cause. (d) The nature, character and merit of protests, if any, against the granting of such license. . (e) The standards of safety, health, sanitation, construc- tion, and maintenance of the physical facilities which the applicant proposes to use. (f) The location for which the license is sought. (g) Geographical factors such as traffic volume, noise, and ease of police enforcement. - 3 - ORDINANCE NO. 6905 (Contd) (h) Compliance with all statutory provlslons pertaining to distance from churches, schools, hospitals, homes for aged and indigent persons, and homes for veterans, their wives or children. . (i) The number of licenses already granted for locations in the neighborhood of the place for which the license is sought. (j) Compatibility of the proposed licensed establishment with the surrounding neighborhood. (k) Whether or not the applicant has ever forfeited bond to appear in court to answer charges of having committed a felony, or charges of having violated any law or ordi- nance enacted in the interest of good morals and decency, or has been convicted of violating or forfeit- ing bond to appear in court and answer charges for viol- ating any law or ordinance relating to alcoholic liquors. (1) Whether or not conditions surrounding the place for which the application is sought are such as to render the granting of such license inimical to the health of persons patronizing such place. (m) If dancing is to be permitted upon the premises for which the license is sought, and applicant has previous- ly permitted dancing upon any premises controlled or supervised by him, the manner in which he controlled or supervised such dancing in the protection of public morals; also, whether or not he has violated any of the laws, ordinances and rules and regulations of the City of Grand Island pertaining to live entertainment. (n) Any other facts and circumstances material to be consid- ered in the public interest and welfare and for the good government of the City in determining the prop- riety of granting such license. Sec. 4-3. APPLICANT TO APPEAR PERSONALLY AT HEARING BEFORE COUNCIL . It shall be the duty of every applicant for an alco- holic liquor license, whose application is pending before the council, to appear before the council personally (if a partnership at least one of the partners; and if a corpor- ation, at least one managing officer thereof) on the date of the hearing upon the propriety of granting or recommend- ing such license, provided for by Section 53-134, R.R.S. 1943, of said Liquor Control Act, to answer such questions as may be asked him or her in determining the facts required by law and this chapter, concerning the propriety of grant- ing such license, and a failure to so appear without reason- able excuse, shall be grounds for denying such application. Such applicant may at said hearing present evidence, other than his or her own testimony, which shall be considered by the council in determining the propriety of recommending approval of such license. In adopting any recommendation for approval of such license, the Council may require certain conditions to be effected to ensure that the appli- cant performs in conformance with applicant's represent- ations and to protect the public health, safety, and welfare. - 4 - ORDINANCE NO. 6905 (Contd) Sec. 4-4. APPLICATIONS FOR LIQUOR LICENSE - INFORMATION . In order to assist the council in determining the general fitness of an applicant for a retail liquor license, and the character and reputation of the applicant in the community, the applicant shall provide the city clerk at least ten days before the council hearing on the application the following information: (a) The legal name of the applicant. If the applicant is a partnership, the legal partnership name, and names of all partners and percentage of ownership. If the applicant is a corporation, the legal name of the corp- oration and the names of the manager, officers, directors, and all stockholders and number of shares owned by each. (b) The dates and places of birth of all the persons listed in subsection (a) of this section. (c) The current residential addresses and all residential addresses for the past five years of all the persons listed in subsection (a) of this section. (d) The names and addresses of the places of employment or self-employment for the immediate past five years of all the persons listed in subsection (a) of this section. (e) The names and addresses of references for each place of employment or self-employment for the immediate past five years of each person listed in subsection (a) of this section, including the name of the applicant's employer, the name of a person known by the applicant in a business capacity, and the name of a person known by the applicant socially. In addition to the above, the applicant, including all partners of a partnership and the manager of a corpora- tion, shall submit themselves to the chief of police for photographs and fingerprints at least ten days before the hearing before the city council on the license application. The city clerk shall distribute the information required in subsections (a) through (e) of this section, together with any other information requested by any member of the council, to the mayor, each member of the city council, and the chief of police, prior to the applicant's hearing before the council. Sec. 4-5. GROUNDS FOR REVOCATION . A retail license to sell alcoholic liquors, which this council is legally empowered to revoke, may be revoked by the city council whenever it shall find, after notice and hearing as provided by law, that the holder of any such license has violated any of the provisions of said Nebraska Liquor Control Act, or of this chapter, or rule or regula- tion of the Nebraska Liquor Control Commission; or any statu- tory provision or ordinance of the City now existing or here- after passed, enacted in the interest of good morals and decency; or for anyone or more of the following causes: - 5 - ORDINANCE NO. 6905 (Contd) (a) The licensee, his manager or agent in charge of the premises licensed, has been convicted of or has pled guilty to a felony under the laws of the State of Nebraska, or of any other state of the United States. . (b) The licensee, his manager or agent in charge of the premises licensed, has been convicted of or has pled guilty to being the proprietor, manager or agent in charge of a gambling house, or of pandering or other crime or misdemeanor opposed to decency and morality. (c) The licensee, his manager or agent in charge of the premises licensed, has been convicted of or pled guilty to violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquors. (d) That the licensee either swore falsely to any question in his application for said license, or has failed to comply with the statements and representations made by the answer to any question or questions in said application; or has failed to perform in accordance with any other statement or representation or keep any promise, oral or written, made to the council, in connection with such licensee's request for said license. (e) The licensee, his manager or agent in charge of the premises licensed, shall have forfeited bond to appear in court to answer charges for anyone of the viola- tions of law or ordinances referred to in this section. (f) It shall be cause for revocation as herein provided if the licensee, his manager or agent, shall allow any live person to appear, or have reasonable cause to believe that any live person shall appear in any licensed premises in a state of nudity, to provide entertainment, to provide service, to act as hostess, manager or owner, or to serve as an employee in any capacity. For the purposes of this subsection, the term "nudity" shall mean the showing of the human male or female genitals, pubic area or buttocks or the human female breast including the nipple or any portion below the nipple with less than a full opaque covering. Sec. 4-6. PROHIBITED LOCATIONS (a) No license shall be issued for the sale of alcoholic liquor in any business or establishment principally engaged in the sale of goods, wares, or merchandise other than alcoholic liquor. . Nothing herein shall prohibit a holder of a liquor license to sell goods, wares, or merchandise incidental to the sale of alcoholic liquor. (b) No liquor or off-sale beer license shall be granted for the sale of beer or liquor as a department or as items for sale in another establishment. Such commod- ities of beer and liquor must be sold in a specifically designated room or separate store with both a front and rear or side door open to the outside. No door therefrom shall open directly into another store or adjoining premises. - 6 - ORDINANCE NO. 6905 (Contd) . (c) It shall be unlawful for any person holding a license for the sale at retail of beer and alcoholic liquors other than beer to sell, or keep for sale, within the city, beer and alcoholic liquor other than beer, except in separate and distinct rooms or premises. Rooms and premises shall be deemed separate and distinct only when located in buildings which are not adjacent, or when so separated by walls or partitions that access cannot be had directly from one to the other by means of doors or other openings. Sec. 4-7. SAME - EXCEPTIONS AND DEFINITIONS Section 4-6 shall not be construed to prevent the renewal of any license in effect on April 4, 1962, and shall not prohibit the issuance of licenses under the existing ordinances of the city to eating establishments, hotels, motels, bowling alleys, and fraternal organizations or private clubs. Also, Section 4-6 shall not be construed to prevent the city council from granting or recommending an off-sale beer license to an heir, devisee, legatee, or bona fide purchaser of a business of a deceased licensee; pro- vided, that the new licensee shall only apply to the same business premises as that of the deceased licensee. For the purpose of this section, the words "eating establish- ment" shall mean a restaurant operated independently and not operated as a department of or in conjunction with any other business. Sec. 4-8. HOURS OF OPERATION; RETAIL LIQUOR ESTABLISH- MENTS a. No alcoholic liquors, including beer, shall be sold at retail or dispensed within the city between the hours of 1:00 a.m. and 6:00 a.m., on secular days, or between the hours of 1:00 a.m. and 12:00 Noon on Sundays, or between the hours of 12:00 Midnight and 1:00 a.m. on Mondays. b. No alcoholic liquors for consumption on the premises, except beer and wine, shall be sold at retail or dispensed within the city between the hours of 12:00 Noon and 6:00 p.m. on Sundays; provided, this limitation shall not apply to a licensee which is a non-profit corporation as defined in Section 53-103 R.R.S. 1943, and is the holder of a license issued under the provisions of either subdivision (5)C or subdivision (S)H of Section 53-124 R.R.S. 1943, but such licensee shall not sell or dispense liquors on more than six days each week. c . No alcoholic liquors for consumption off the premises, except beer and wine, shall be sold at retail or dispensed within the city between the hours of 12:00 Noon and 12:00 Midnight on Sundays. . d. In addition to the restrictions set forth in subsections a, b, and c of this section, no alcoholic liquors, including beer, shall be sold at retail or dispensed within the city between the hours of 10:00 p.m. on any day and 1:00 a.m. on the day following, unless the licensee shall hold a valid Full Service Hours Permit, or shall be exempt therefrom as hereinafter provided. - 7 - ORDINANCE NO. 6905 (Contd) Sec. 4-9. EXEMPT PREMISES . Established licensed premises doing business under a valid liquor license on the effective date of this ord- inance or the effective date of annexation of the premises into the city, whichever is later, shall be exempt from the requirement for a Full Service Hours Permit; provided, this exemption shall lapse and terminate in the event a licensee shall either cease doing business on the licensed premises as a liquor establishment or shall fail to maintain a valid liquor license on the premises, and such event or events shall continue for a period of one year or more. Sec. 4-10. APPLICATIONS FOR FULL SERVICE HOURS PERMIT Application for a Full Service Hours Permit shall be made to the city clerk in the form prescribed by the city clerk. Applications shall be accompanied by a non-refund- able application fee of $25. Applications shall include a list of the names and addresses as shown by the county tax records of the current owners of all property located wholly or partially within a 300 feet of the licensed or to-be-licensed premises. Sec. 4-11. NOTICE OF APPLICATION The city clerk shall mail a notice of public hearing to the applicant and to the owners of all property with 300 feet of the applicant's premises as shown in the appli- cation. Said notice shall state the location of the appli- cant's premises, the date for public hearing before the city council, and the procedure for filing protests to the application. Said notice shall be mailed at least ten days prior to such hearing. Sec. 4-12. HEARING ON APPLICATION . The city council shall hold a public hearing on the application at the time set forth in the notice or as soon thereafter as may be convenient. If, after hearing, the council finds that the application was properly made, that notice was duly given, and that there is no school prop- erty, no church property, and less than two residential dwelling units located wholly or partially within 300 feet of the licensed or to-be-licensed premises, it shall grant a Full Service Hours Permit. The council shall also grant the permit in the event there are more than two such resi- dential dwelling units, but protests representing less than 30% of such units have been received, and further that the owners of any church property and school property so located have consented to the application. If the council finds that the application was not properly made, that the notice was not properly given, that there is school or church property within 300 feet of such premises which has not consented to the application, or that there are two or more residential dwelling units located wholly or partially within 300 feet of such premises from which protests to the application representing 30% or more of such dwelling units have been received, then the application for a Full Service Hours Permit shall be denied. The council may upon three- fourths vote of its members, grant or deny an application for a Full Service Hours Permit notwithstanding the fore- going provisions if it finds such action necessary to pro- tect the public interest. - 8 - ORDINANCE NO. 6905 (Contd) Sec. 4-13. FULL SERVICE HOURS PERMIT; TERM . Once properly granted, a Full Service Hours Permit shall continue in full force and effect for the premises without renewal; provided, the permit shall lapse and term- inate in the event a licensee shall either cease doing busi- ness on the licensed premises as a liquor establishment or shall fail to maintain a valid liquor license on the premises, and such event or events shall continue for a period of one year or more. Sec. 4-14. OCCUPATION TAX - AMOUNTS (a) For the purpose of raising revenue, there is hereby levied upon the following described businesses conduct- ed in the City of Grand Island the following annual occupation taxes: (1) Alcoholic liquor distributor, except beer $500 $250 (2) Beer Distributor (3) Retailer of beer only, for consumption on the premises $200 (4) Retailer of beer only, for consumption off the premises, sale in the original packages only $50 (5) Retailer of alcoholic liquors, including beer, for consumption off the premises $300 $5 (6) For all non-beverage users (7) Alcoholic liquors, including beer, issued to a non-profit corporation, for consumption on the premises, Class "H" $400 (8) Retailer of alcoholic liquors within the corporate limits for consumption on the premises and off the premises, sale in the original packages only, Class "c" $500 (9) Retailer of beer and wine only, for consumption on the premises, Class "l" $450 No reduction in occupation tax except as hereinabove stated shall be made regardless of the time when the application for license is made, or the license is issued. Such occupation tax, or any part of it, shall not be refunded for any cause. . (b) All occupation taxes levied pursuant to section (a) above, shall be due and payable within thirty days of the date of the renewal of the licensee's state liquor license. - 9 - ORDINANCE NO. 6905 (Contd) Sec. 4-15. DELIVERY BY DISTRIBUTOR ON SUNDAY . It shall be unlawful for any licensed distributor or wholesaler of beer to deliver such beverage to any retail- ers of the same in the city on the first day of the week, commonly called Sunday. Sec. 4-16. LICE~\)SED PREMISE~~_- LIGHTS__~~glJIREQ All rooms where alcoholic liquors are sold shall be continuously lighted during business hours by natural or artificial light. Sec. 4-17. CONSUMPTION IN PUBLIC PLACES It shall be unlawful for any person to consume alcoho- lic liquors within che city in the public streets, alleys, roads or highways, or upon property owned by the sthle or any governmenLal subdivision thereof, or inside veh1cles while upon the public streets, alleys, roads, or highways, in any dance hall, restaurant, cafe, club, or any place open to the general public except as permitted by a license theretofore issued to such premises. It shall be unlawful for any person owning, operating, managing or conducting any dance hall, restaurant, cafe, club, or any place open to the general public to permit or allow any person to con- sume alcoholic liquor upon the premises, except as per- mitted by a license theretofore issued to such premises. Sec. 4-18. POSSESSION IN PARKS PROHIBITED It shall be unlawful for any person to have in his possession or physical control any alcoholic liquors upon any of the property belonging to the City designated as a city park or playground. Sec. 4-19. MINORS NOT PERMITTED AFTER 9 P.M. It shall be unlawful for any licensed retailer or his, her, or its agent or employee to suffer or permit any minor to be or remain in any room or compartment of such licensed premises where alcoholic liquor is being sold or consumed after 9 p.m. of any day; provided, that this section shall not apply to any minor who is accompanied by his or her parent or adult guardian, or to any licensed premises which derives its principal business from the sale of services or other commodities other than alcoholic liquor. Sec. 4-20. VIOLATIONS - LIABILITY OF LICENSEE FOR ACTS OF EMPLOYEES, ETC. . Any act or the omission of any act constituting a viol- ation of any of the provisions of this chapter by any offi- cer, director, manager or other agent or employee of any licensee under the Nebraska Liquor Control Act, if such act is committed or such omission is made with the authori- zation, knowledge or approval of such licensee, shall be deemed and held to be the act of such employer or licensee, and such employer or licensee shall be punishable in the same manner as if such act or omission had been done or omitted by him personally. - 10 - ORDINANCE NO. 6905 (Contd) Sec. 4-21. RIGHT OF ENTRY, ETC., OF POLICE OFFICERS FOR ENFORCEMENT OF CHAPTER, ETC. . All police officers of the city are authorized to enter at any time upon the premises of any license under the Nebraska Liquor Control Act within the City to deter- mine whether or not any of the provisions of such Act or of this chapter, or any rules or regulations adopted by the City or by the Nebraska Liquor Control Commission have been or are being violated and at such time to examine suffici- ently such premises of such licensee in connection there- with. Sec. 4-22. TIME FOR PERSONS TO CLEAR ESTABLISHMENTS AFTER CLOSING HOURS - UNLAWFUL PRESENCE IN ESTABLISHMENT It shall be unlawful for any person to be present in any establishment where alcoholic liquors are sold or dis- pensed at any time during which sales of alcoholic liquors are prohibited by the foregoing sections; provided, that a person may be present in such an establishment for only fifteen minutes after the time required for cessation of sales of alcoholic liquors set out in prior Section 4-8 to allow the person present in the establishment at closing time to leave the premises; provided further, that the word "person" shall not include the owner or operator or his agent or employee when actually engaged in cleanup or custodial work. This section shall not apply to restaurants which are open for business. SECTION 2. That the original sections of Chapter 4 of the Grand Island City Code as heretofore existing, be, and hereby are, repealed. SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be unconstitutional or invalid, such holding shall not affect the validity of the remaining portions of this ordinance, and upon any such declaration of invalidity, the original section, subsection, sentence, clause, or phrase, as heretofore existing, shall thereupon be automatically re-enacted and reinstated to have the same force and effect as if it has never been amended. SECTION 4. This ordinance shall be in force and take . effect from and after its passage, approval, and publi- cation within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enac ted II /I~N/ 83 . ATTEST: Pr;,f~~ -------- City Clerk . t P') CX) ~ "l: 0: 0.. c;( .~:l . : I . , ,~ ,.. f . ORDINANCE NO. 6906 An ordinance directing and authorizing the conveyance of Lots Thirty-seven (37) and Thirty-eight (38), Block Four (4), Pleasant View Addition to the City of Grand Island; 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 RODERICK WAYNE RIEKE and KAREN ANN RIEKE, husband and wife, of Lots Thirty-seven (37) and Thirty-eight (38), Block Four (4),.Pleasant View Addition to the City of Grand Island, Nebraska, is hereby authorized and directed. SECTION 2. The consideration for such conveyance shall be Six Thousand Six Dollars ($6,006.00). 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 furnish title Z ~ insurance. ... ~ SECTION 3. As provided by law, notice of such conveyance and the terms thereof '1. .J ~ shall be published for three consecutive weeks in the Grand Island Daily Independent, ..I ) a newspaper published for general circulation in the City of Grand Island. Immediately , after the passage and publication of this ordinance, the city clerk is hereby directed and instructed to prepare and publish such notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by legal electors of the City of Grand Island equal in number to thirty percent of the electors of the City of Grand Island voting at the last regular municipal election held in such City be filed with the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said RODERICK WAYNE RIEKE and KAREN ANN RIEKE, 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 Indepen- dent, as provided by law.' Enacted // 4~r,/ 6'"..;> v ATTEST: :Jffff' ~..L City er 1Z, Mayor ORDINANCE NO. 6907 . An ordinance directing and authorizing the conveyance of Lot Eleven (11), Block Four (4), College Addition to West Lawn Addition in the City of Grand Island; 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 ALAN M. KOSMICKI and CYNTHIA M. KOSMICKI, husband and wife, of Lot Eleven (11), Block Four (4), College Addition to West Lawn Addition 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 Seven Hundred Fifty Dollars ($2,750.00). 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 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 the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said ALAN M. KOSMICKI and CYNTHIA M. KOSMICKI, 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 Indepen- dent, as provided by law. Enacted /1 A-/r-I/ ?3. riz, Mayor . ATTEST: - LEGAL DEPARTMENT ORDINANCE NO. 6908 An ordinance to amend the Grand Island City Code pro- visions relating to Community Development by repealing the . existing Chapter 39; to enact a new Chapter 39; 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 Chapter 39 of the Grand Island City Code is hereby amended to read as follows: CHAPTER 39 COMMUNITY DEVELOPMENT Sec. 39-1. COMMUNITY DEVELOPMENT - PURPOSE The purpose of this chapter is to set forth the manner in which the City shall exercise all the power and authority to engage in community development activities granted to the City under the statutes of this state, including but not limited to, the Community Development Law set forth in Sections 18-2101 through 18-2144, R.R.S. Neb. 1943. Pur- suant to Section 18-2101.01 of that Act, the City hereby assumes all the power and authority granted to an urban renewal authority under said Act. Sec. 39-2. COMMUNITY DEVELOPMENT DEPARTMENT - CREATION There is hereby created a department of the~City which shall be known as the Community Development Department, which shall be responsible for the performance of all admin- istrative tasks involved in the implementation of the City's community development projects, programs, policies, and pro- cedures adopted under the provisions of this chapter. Sec. 39-3. DIRECTOR: POSITION CREATED; APPOINTMENT; COMPENSATION There is hereby created the position of director of the Community Development Department, to be filled by appointment by the mayor with the consent of the city council. The salary of the Director shall be fixed by ord- inance. Sec. 39-4. DIRECTOR; DUTIES GENERALLY . The director of the Community Development Department shall be responsible for performing the professional work involved in carrying out the purposes of this chapter, for directing the work of the Community Development Department, and for coordinating all the City's community development programs and projects. \PPRO~~~\:R!-O,~ORM IJ, " , ~ . ..J APR 5 1983 lEGAL DEPARTMENT ,t", . ORDINANCE NO. 6908 (Contd) Sec. 39-5. COMMUNITY DEVELOPMENT ADVISORY COMMITTEE, CREATION; APPOINTMENT; DUTIES . There is hereby created a Community Development Advis- ory Committee consisting of seven members. Six of the members shall be representatives of the citizens of Grand Island, and the seventh member shall be a member of the Grand Island City Council. All members shall serve without compensation. The initially appointed citizen represent- atives shall consist of two appointed for a three year term, two appointed for a two year term, and two appointed for a one year term. Thereafter, all appointments, other than vacancies, shall be for terms of three years. Appointments to fill vacancies shall be for the remainder of the term of the vacated position. All members shall be appointed by the mayor and con- firmed by the City Council. Members may be removed without cause by the mayor with the consent of the City Council. The Advisory Committee shall establish such rules and pro~ cedures as are necessary to carry out its duties. The Community Development Advisory Committee shall have the following duties: 1. Monitor and investigate all existing and potential Community Development programs and projects. 2. Make recommendations on all existing and potential Community Development programs and projects, proced- ures, and all other aspects of the City's Community Development program. SECTION 2. That Sections 39-1 and 39-2 of the Grand Island City Code as heretofore existing, be, and hereby are, repealed. SECTION 3. All grants, programs, agreements, contracts, and other legal relationships entered into under the provisions of Chapter 39 as it existed heretofore shall continue in effect and operation, to be carried out in a manner which is consistent with the provisions of this ordinance and which does not violate the property rights of any person or legal entity. SECTION 4. In case any section of this ordinance or any part of any section shall be declared invalid or uncon- . stitutional, such declaration of invalidity shall not affect the validity of the remaining portions thereof. - 2 - ORDINANCE NO. 6908 (Contd) 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, as provided by law. Enac ted II 4Ir// 1'1 Z3 ATTEST: ~~1f~~ - . - 3 - . 1 i 1 1 '1 .....u. ORDINANCE NO. 6909 An ordinance creating Street Improvement District No. 1026; defining the boundaries of the district; providing for the improvement of a street within the district by paving, guttering, and all incidental work in connection therewith; 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. 1026 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows in the Bernhard Voss First Subdivision: Beginning at a point along the South line of Section Eleven (11), township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, said point also being 33 feet South of the Southwest corner of Lot 9, Bernhard Voss First Subdivision; thence pro- ceeding East along the South line of Section Eleven (11) for a distance of 304.1 feet; thence deflecting left in a northerly direction along the East line of Bernhard Voss First Subdivision and a northerly and southerly prolongation of this line for a distance of 660.3 feet; thence deflecting left in a westerly direct- ion 33 feet North of and parallel to the North line of Bernhard Voss First Subdivision for a distance of 303.5 feet; thence deflecting left in a southerly direction along the West line of Bernhard Voss First Subdivision and a northerly and southerly prolongation of this line for a distance of 660.3 feet to the point of beginning, all as shown on the plat marked Exhibit "A", attached hereto and incorporated herein by reference. ~ .... z (V") l.&J ~ co :E en ;- - 0:: 00 <( ,-; CL. IJJ a:::: Q 0- ...J c:t <( " W ...J . SECTION 3. The following street in the district shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: Voss Road from Seedling Mile to the north line of the Bernhard Voss First Subdivision in the City of Grand Island, Nebraska. 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. SECTION 4. 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 specially benefited thereby, as provided by law. 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 :l.f5'" APRIl- 'ff. ~ ATTEST' d~ 4?~~'M~YOr ..'-tl.. I , -..' .\ -~ U) <J) 132' 16 ~ 303.51 -~ 40' -10 to US to to o -<( CD 0 to to cr: CD ~ x..~~~ ~, - 10 o CD CD - IX) CD - CD to : : - CD to :, :, POINT OF BEGINNING SEEDLING - 9 ~ 10 1321 - to to en en 0 en > ~ 401 MILE -~ 131.53 I -10 I CD to 131.591 \Josi 131.65 :, : .. :, 131 : :, 1 .831 :,SU . 10 :, 0 CD 131.89' <D to -(0 CD CD N ~ 8 132.07' STREET IMPROVE MENT OIST. 1026 - N 10 ~ ..I"v SOUTH LI'NE SECTION __..1.:. 11- 11-9 ROAD E.XHIBITI~I CITY OF GRANDISLANl?lNEBR. ENGINEERING DEPARTMENT [PLAT ACCOMPANY. ORDINANCE I _ NO. 690'9 , I SCALE 1"= 100' L.O.C. 4/8/83] ORDrnANCE NO. 6910 An Ordinance to ltmend the Grand Island City Code by amending Section 40-3 of Chapter 40 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 40-3; and to provide the effective date of this Ordinance. BE rr ORDAINED BY TBE NAYOR AND COtJ1iJCIL OF THE CITY OF GHANn ISLAND, NEBRASKA. : SECTION 1. That Section 40-3 of Chapter 40 of the Grand Island City Code be, and hereby is, amended to read as follows: "Sec. 40-3. Tl\X RATE The annual rate of the general license and occupation tax and classification of businesses are as follows: (1) 6.5~ square foot floor space upon all space used for business and professional offices in the district; provided, (2) $50.00 minimum annual tax for any sil1gle business or professional office should the tax rate under (1) above be less than ~~50. 00 ; (3) Any business or professional office operating and maintaining any off-street parking place within said Downtown J;nprovement 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 40-3 of the Grand Island City Code as heretofore existing, is hereby repealed. SECTION j. This Ordinance shall be in full force and effect from and after its passage, approval, and publication within fifteen days, as provided by lai^l. Enacted 2sPP~'~ ,.,~ . ~~~r1; / Mayor . ATTEST: ~&' A City Clerk - . ORDINANCE NO. 6911 An ordinance directing and authorizing the conveyance of Lot Seventeen (17), Block Two (2), University Place, an Addition to the City of Grand Island, Hall County; 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 Rodney D. Halm and Deborah S. Halm, husband and wife, of Lot Seventeen (17), Block Two .(2), University Place, an Addition to the City of Grand Island, Hall County, Nebraska, is hereby authorized and directed. SECTION 2. The consideration for such conveyance shall be Two Thousand Four Hundred Dollars ($2,400.00); 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 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 elictors of the City of Grand Island equal in number to thirty percent of the electors of the City of Grand Island voting at the last regular municipal election held in such City be filed with the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said RODNEY D. HALM and DEBORAH S. HALM, 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 wi.thin fifteen days in one issue of the Grand Island Daily Indepen- dent, as provided by law. Enacted ZS APRIL 84. ATTEST: ~~~~~,. ty er APPROVED ~ FORM - - . Mayor APR 18 1983 LEGAL DEPARTMENT ORDINANCE NO. 6912 An ordinance rezoning a certain area within the City of Grand Island and within its zoning jurisdiction; changing the . classification of such tract from R2-Low Density Residential Zone, to R2M-Low Density-Mobile Home zone classification; direct- ing 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 6, 1983, recommended approval of 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 11, 1983, 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 the following described property in the City of Grand Island, Hall County, Nebraska, to wit: Lots Sixteen (16) and Seventeen (17), Block One (1), Blain Addition in the City of Grand Island, Hall County, Nebraska; be rezoned and reclassified and changed to R2M-Low Density-Mobile Home 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 Planning Commission and the City Council of the City of Grand Island are hereby accepted, adopted, and made a part of this ordinance. p ORDINANCE NO. 6912 (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 such 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 provid- ed by law. Enacted ZS" AP,eJJ. S.r . ATTEST: ~/V~~. City C erk ~z, Mayor ---- . - 2 - ORDINANCE NO. 6913 An ordinance rezoning a certain area within the City of . Grand Island and within its zoning jurisdiction; changing the classification of such tract from R2-Low Density Residential Zone, to CD-Commercial Development zone classification; 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 6, 1983, recommended approval of 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 11, 1983, 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 the following described property in the City of Grand Island, Hall County, Nebraska, to wit: Lot Eighteen (18), Island Acres, An Addition to the City of Grand Island, Hall County, Nebraska; be rezoned and reclassified and changed to CD-Commercial Develop- ment 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 Planning Commission and the City Council of the City of Grand Island are hereby accepted, adopted, and made a part of this ordinance. APPROVED AS TO FORM ----- ~----- APR 2 U 1983 f ~ LEGAL DEPARTMENT L... ~ "J ORDINANCE NO. 6913 (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 such 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 provid- ed by law. Enacted 21" Af'R'... 8~ ATTEST: ~~. City Clerk f(~~~Yor . - 2 - .. ,'-.;'~'I -;,-". . . ....../. (' ~ . "/ ORDINANCE NO. 6914 An ordinance rezoning a certain area within the City of Grand Island and within its zoning jurisdiction; changing the . classification of such tract from R4-High Density Residential Zone, to RO-Residential Office zone classification; 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 6, 1983, recommended approval of 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 11, 1983, 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 the following described property in the City of Grand Island, Hall County, Nebraska, to wit: Lot Five (5), Block Ten (10), H. G. Clark's Addition to the City of Grand Island, Hall County, Nebraska; be rezoned and reclassified and changed 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. SECTION 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. APPRO~TO FO,,::,- APR 1 S 1983 ,?~ LEGA~ pgpAftTMENT ORDINANCE NO. 6914 (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 such 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 provid- ed by law. Enacted z r AP,e/(, S,Z. ATTEST: ~e~'" · ayor . - 2 - ORDINANCE NO. 6915 e An ordinance directing and authorizing the conveyance of Lot Eighteen (18), Block Two (2), University Place, an Addition to the City of Grand Island, Hall County, Nebraska; providing for the giving of notice of such conveyance and the terms ~hereof; 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 KEVIN J. WILLEY and CYNTHIA A. WILLEY of Lot Eighteen (18), Block Two (2), University Place, an Addition to the City of Grand Island, Hall County, Nebraska, is hereby authorized and directed. SECTION 2. The consideration for such conveyance sha~l be Two Thousand Four Hundred Dollars ($2,400.00); 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 furnish title ins~rance. 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 the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said KEVIN J. WILLEY and CYNTHIA A. WILLEY, 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 Indepen- dent, as provided by law. Enacted 9 Mfiy 83 . Kriz, Mayor Af>PF<<>VEO AS~ fORM ~= . ATTEST, ~ C1 Y Clerk - r,j;W 2 1983 _ LEGAL DEPARTMENT . . . ORDINANCE NO. 0916 An ordinance directing and authorizing the conveyance of Lot Thirteen (13), Ravenwood Subdivision 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 THEODORE O. EDEN and SONIA D. EDEN, husband and wife, of Lot Thirteen (13), Ravenwood Subdivision in the City of Grand Island, Hall County, Nebraska, is hereby authorized and directed. SECTION 2. The consideration for such conveyanc~ shall be Five Thousand Two Hundred Fifty Dollars ($5,250.00); coveyance of the real estate above described shall be by special warranty deed, upon delivery of the consideration, and the City of Grand Island will 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 pre,are and publish s~ch notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by legal electors of the City of Grand Island equal in number to thirty percent of the electors of the City of Grand Island voting at the last regular municipal election held in such City be filed with the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said THEODORE O. EDEN and SONIA D. EDEN, 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 Indepen- dent, as provided by law. Enacted ~ ~Hy' ~-i>. ATTEST: or .----- . LEGAL DEPAftTMENT ORDINANCE ~O. 6917 . An ordinance directing and authorizing the conveyance of Lot Five (5), Block One Hundred Forty-five (145), U.P.R.R.'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 JAN S. MARKHAM and SUSAN E. MARKHAM, husband and wife, of Lot Five (5), Block One Hundred Forty-five (145), U.P.R.R.'s 2nd Addition to the City of Grand Island, Hall County, Nebraska, is hereby authorized and directed. SECTION 2. The consideration for such conveyance shall be One Thousand Three Hundred Fifty Dollars ($1,350.00). 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 furnish title insurance. ~ I I- a:: Z 0 M 1IJ 10. co :e S!2 .... a::: ~ ~ 1IJ i >- a <:: -J ::!: < (!) 0.. 1IJ "' -I 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 the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said JAN S. MARKHAM and SUSAN E. MARKHAM, husband and wife, as joint tenants and not as tenants in common, 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 Indepen- dent, as provided by law. Enacted tf /I(/fY?-3 Mayor . ATTEST' ~~~~~ ... - ~ :lI: .:> <""' ... eo 0 I g? "f). I, n 1..'":1 ~ :: ~ . ORDINANCE NO. 6918 An ordinance directing and authorizing the conveyance of a portion of vacated Hancock Avenue north of Fourth Street, in West Heights Addition in the Ci~y of Grand Island; providing for the giving of notice of such conveyance and the terms thereof; providing for the rig~t 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 FRONTIER CORP., a Nebraska corporation, of the westerly twelve (12) feet of the easterly. thirty (30) feet of the southerly fifty-five (55) feet of vacated Hancock Avenue, North of Fourth Street, as vaca~ed by Ordinance No. 6484, as located in West Heights Addition in the City of Grand Island, Hall County, 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 quitclaim 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 fo'r general circulation in the City of Grand Island. Immediately Z U/ ~ after the passage and publication of this ordinance, the city clerk is hereby directed a: < and instructed to prepare and publish such notice. CL w o 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; U/ ...... and if a remonstrance against such conveyance signed by legal electors of the City of Grand Island equal in number to thirty percent of the electors of the City of Grand Island voting at the last regular municipal election held in such City be filed with the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said FRONTIER CORP., a Nebraska corpor- ation, 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. 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 Indepen- dent, as provided by law. Enacted ~ /tI/lY?~ ATTEST: ~, ORDINANCE NO. " I' .~) AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER REVENUE REFUNDING BONDS OF THE CITY OF~RAND I~L ~D, EBRAS A, N i?H , _ J;G.GR (;_ATE; L PRINCIPAL AMOUNT OF C0-uz.. ~ , ,(, 1..1';'/,-< ' . -wut'1t-t/ DOLLARS ($W~~-SO~P~), FOR THE PUR SE OF PROVIDIN AYMENT IN FULL OF TH CITY'S OUTSTANDING WA ER REVENUE BON S, SE IES OF 1963, WATER REVENUE BONDS, 1972 SERIES, AND WATER REVENUE BONDS, 1978 SERIES; DIRECTING THE APPLICATION OF THE PROCEEDS OF SAID BONDS; PRESCRIBING THE FORM, TERMS AND DETAILS OF SAID BONDS: PLEDGING AND HYPOTHECATING THE REVENUE AND EARNINGS OF THE WATER- WORKS PLANT AND WATER SYSTEM OF SAID CITY FOR THE PAYMENT OF SAID BONDS AND INTEREST THEREON: PROVIDING FOR THE COLLECTION, SEGREGA- TION AND APPLICATION OF THE REVENUES OF SAID WATERWORKS PLANT AND WATER SYSTEM: ENTERING INTO A CONTRACT ON BEHALF OF THE CITY WITH THE HOLDERS OF SAID BONDS: AND PROVIDING FQR PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: Section 1. The Mayor and Council of the City hereby find and determine: (a) The City owns and operates a waterworks plant and water system (the "Water System") which represents a revenue-producing undertaking of the City. (b) The City has heretofore issued and outstanding the following revenue bonds which constitute a charge against the revenues of the Water System: (1) Water Revenue Bonds, Series of 1963, dated February 1, 1963, issued pursuant to Ordinance No. 3922 of the City of which $695,000 in principal amount are presently outstanding (the "1963 Bonds") : (2) Water Revenue Bonds, 1972 Series, dated April 1, 1972, issued pursuant to Ordinance No. 5172 of the City of which $325,000 in principal amount are pres- entlyoutstanding (the "1972 Bonds"); and (3) Water Revenue Bonds, 1978 Series, dated January 15, 1978, issued pursuant to Ordinance No. 6232 of the City of which $1,035,000 in principal amount are pres- ently outstanding (the "1978 Bonds"). The 1963 Bonds, the 1972 Bonds, and the 1978 Bonds are collectively referred to herein as the "Outstanding Bonds." 'i (c) The Outstanding Bonds constitute the only indebtedness of the City payable from the revenues of the Water System. (d) It is advisable and necessary for the City to provide for satisfaction in full of its obligations with respect to the Outstanding Bonds by depositing with or for the exclusive benefit of the Paying Agent for the . Outstanding Bonds, monies, or united States Treasury Securities with payments sufficient to cover all pay- ments of principal and interest on the outstanding Bonds as they fall due. For such purpose the City presently has on hand approximately $200,000 and will need to issue its Water Revenue Refunding Bonds in the principal amount of $iiL~~~~ooo~pursuant to Sections 18-1803 to 18-1805 R.RYS. N~b. 1983. All conditions, acts, and things required by law to exist or to be done precedent to the issuance of said bonds as provided for in this ordinance do exist and have been done in regular and due form and time as required by law. Section 2. In addition to the definitions provided in parenthesis in Section 1 hereof, the following definitions of terms shall apply, unless the context shall clearly indicate otherwise: "Additional Bonds" shall mean any and all bonds hereafter issued by the City pursuant to the terms of this Ordinance which are equal in lien to the Series 1983 Bonds, including such bonds issued pursuant to Section 8 and refunding bonds issued pursuant to Section 9, as and when such bonds become equal in lien to the Series 1983 Bonds according to their terms and the terms of said Section 9. "Average Annual Debt Service Requirements" shall mean that number computed by adding all of the principal and interest due when computed to the absolute maturity of the bonds for which such computation is required and dividing by the number of years remaining that the longest bond of any issue for which such computation is required has to run to maturity. "Deposit Securities" shall mean (a) direct obliga- tions of or obligations the principal of and interest on which are unconditionally guaranteed by the United States of America; (b) bonds, debentures, notes, par- ticipation certificates, or other evidences of indebted- ness issued by any of the Banks for Cooperatives, the Federal Intermediate Credit Banks, the Federal Home Loan Bank system, the Export Import Bank of the United States, the Federal Land Banks, the Federal National Mortgage Association, or the Government National Mortgage Association or any combination of any of the foregoing. "Escrow Agent" shall mean Commercial National Bank & Trust Co. of Grand Island, as appointed under Section 5 of this Ordinance to hold certain securities for the benefit of the paying Agent for the Outstanding Bonds pursuant to the terms of the Escrow Agreement. I "Escrow Agreement" shall mean that agreement entered into by and between the City and the Escrow Agent pursuant to the terms of Section 5 of this Ordinance. "Instructions" shall mean the insructions given by the City to the Paying Agent for the Outstanding Bonds pursuant to Section 5 of this Ordinance. "Net Revenues" shall mean the gross revenues derived by the City from the ownership or operation of the Water System, including investment income, but not including any income from sale or disposition of any 2 . ( e .<" rr INTEREST START DATE: 06/15/83 , I. PERIOD ENDING 1 01/15/84 2 01/15/8~i - 01/15/86 4 01/1 :::i/El7 5 01/15/88 6 01/E:5/[-jC) 7 01/15/"?O 8 01/1;:;/';':!. 9 01/15/9:: 10 01/1:5/9~r. 1 1 01/15/94 12 01/ 1 ~5/c)~~ 1 ..,.. 01/15/96 .''':' 14 01/1;';;/97' 15 Ol/1~3/9~3 TOTAL NEW REFUNDING ISSUE DEBT SERVICE PRIhlCIPAL 90,000.00 9(). 000. 00 90,,000,,00 100,000.00 105,000.00 115,000.00 120,OOC.O() 1 :)~5 ~ 000. 00 150!, 000. 00 155!,OOO.OO 50:1000.00 60,000. (i(l 60 It OO(). 00 65!,OOO.OO 70~OOO..OO 11' 4.55!l 000. 00 ANNW"\L Rf~TE 5.750 6. ~250 6..750 7.250 7.500 -/.. 750 EJ.OOO [3. 200 8.400 B.600 fei. 800 Sj" 000 (.I If 1. 2~:.; 9. ':~50 9.375 INTEREST 67,294.79 110,187.50 104,562"50 98,487.50 91,237.50 8::::~ 362.. 50 7.4!,450"OO 6il., El50 II 00 5~::, 780u 00 41,180.00 27 !l E3~50 It 00 :2~. 4~)O. 00 :l8!,05!.)ut:~o l2~ ;::')75. 00 6,562"50 TOTAL 157,,294. -79 200!l 1 E~7 .. ~.;O 194;1562.50 198.487. :':;0 196,2:;7" 50 1 9El. 362. 50 194,450.00 199, 8~jO. 00 203!i780"OO 196.180.00 77!i850"OO 83.450.00 78,050.00 77!1 ~575. 00 76.562.50 877.87'7.79 ----------.--------.--. ------------_._-_.- --- -- - -.-...,. -. -.. -- - --- ---- .-- .----- --- ----- ---- --. --.. 2, :3~;2!f 879. 7Si property belonging to or forming a part of the Water System, less the ordinary expenses to the City of .E H E U T ~:; 'r PiF: T D,::':', T' E: :: 0 b /' :I. :::'; /' rl ::::: ",----" .~ J, 'I () 11 "j .....~ .:...;.. 'I /1 .1. 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() ii. :1 ~:.i 6 :;~ II ~i () (7) E~ ;1 oll. ~::5"7 JI ~5 (i C? :!. !{ ::~ :~:;'7 If ~:.; () FJ ~::;!I :~:; L, :,? :1 ~::.:j () 'i'll':1 .q ~5() :: ()() () lJ'!i E~ ~:.::.i () I' () (i ~5 :~:;, -:;;: f3 () J: () () ll:L !I J f3() u i)(j 27' :i E{~:.5()" (i(i :23, 4~.:.iO. 00 :J. ~:~!I (: ~5 () fl (i () J. :: , ~:.:.:.; 7' ~~~:.; 1I (i () (')!l ~:.j t\ :~:'~ II ~:j () ...____....._.........N......._............___...__...._..,., .-------......-.....-...-.--.---..-..---..... E~ '7 '7' :i t5'7 (:~:' If 7 !.:? 3 TD'rriL :l. :5~? !. ::'~ {:?4 If 7' ':? ~.~.~ () ():1 :l ~3 7' II ~::; (i 1. C? il' :i ~:~ L\;~ It :':5 () l {:;iEl!f iJ.t371 II ~5(i :ll~;; t.., :? :::;}' " ~.:.i (i J. {:;~ El!l ::~; (::~ :,~~ t: ~5 () 1':) .,:j. !i ~-:j. ~5 () II (; () :i. (?if)> , f3~5() u (i(i :?():::::!i ':l8e) It (l(i 196!, 1D(). 00 '7'7 :1 f:35() I: (i(i E$ ~:; ~l ,(:1. ~5 () If () (j }'t3, ()~;() If Ci() 7"7 ~l ::S-;x~5 n (i() ./. C:~!l :::.; {J :':::: II ~5 () ..... ..... ~." ..... __ ._.. ..... m.' ..... ..... _... ..... ..... ..... ..." mOO ..... ..... -... ...- ..... ..... ..... -" ...- -- ..... ..... .~ ..... -.. ..... 2 ~i ::: ::~;:~!I E3 7 ~::;) Jr '7'?1 . I January 15, 1984, and shall be evidenced by coupons for the interest due on each interest payment date. Both principal and interest shall be payable at the office of the County Treasurer of Hall County in Grand Island, Nebraska, upon presentation and surrender of the Series 1983 Bonds and coupons as they separately become due. Allor any of the Series 1983 Bonds maturing on or after January 15, 1994, are subject to redemption at the option of the City at any time on or after June 15, 1993, at the redemption price, expressed as a percentage of the principal amount of the Series 1983 Bonds to be redeemed, set forth below, together with interest accrued thereon to the date fixed for redemption: Period During Which Redeemed (Both Dates Inclusive) Redemption Price June 15, 1993 to January 14, 1995 January 15, 1995 to January 14, 1996 January 15, 1996 to January 14, 1997 January 15, 1997 and thereafter 102% 101% 100-1/2% 100% Notice of redemption for any Series 1983 Bonds to be redeemed shall be given by publication of a notice of redemption at least once in a newspaper or financial journal of general circulation published in Omaha, Nebraska, which publication shall be made not less than thirty days prior to the date fixed for redemption. The Series 1983 Bonds and coupons shall be in substantially the fol- lowing form: 4 (BOND FORM) .' UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF HALL CITY OF GRAND ISLAND WATER REVENUE REFUNDING BOND, SERIES 1983 NO. $5,000 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 bearer on the fifteenth day of January, 19 , but only out of the special fund hereinafter designated, the sum of FIVE THOUSAND DOLLARS in lawful money of the United States of America with interest thereon from date hereof until maturity at the rate of percentum ( %) per annum, evidenced by coupons. Such interest shall be payable on the fifteenth day of January and July of each year, starting January 15, 1984, on presentation and surrender of the interest coupons hereto attached as they severally become due. Both the principal hereof and interest hereon are payable at the office of the County Treasurer of Hall County, in Grand Island, Nebraska. Any or all of the Series 1983 Bonds maturing on or after January 15, 1994, are subject to redemption of the option of the City at any time on or after June 15, 1993 at the redemption price, expressed as a percentage of the principal amount to be redeemed, set forth below, together with interest accrued thereon to the date fixed for redemption: Period During Which Redeemed (Both Dates Inclusive) Redemption Price June 15, 1993 to January 14, 1995 January 15, 1995 to January 14, 1996 January 15, 1996 to January 14, 1997 January 15, 1997 and thereafter 102% 101% 100-1/2% 100% Notice of redemption shall be given by publication of a notice at least once in a newspaper or financial journal of general circula- tion published in Omaha, Nebraska, which publication shall be made not less than thirty days prior to the date fixed for redemption. . This bond is one of an issue of (;J Cf J bonds, nu@ ered J ,from l t,9 f'}. q , in the t.otal principal amount of ':4U,n e~ ~ 7t:~-'L. ~ tu/'L.. -c.. WUl~' of $5,000 each in princlpa amount 0 .r even te . 1 e tenor herewith except as to date of maturi y and ra e 0 nterest, issued for the purpose of providing for payment in full of the City's Outstanding Water Revenue Bonds, Series of 1963, Water Revenue Bonds, 1972 Series, and Water Revenue Bonds, 1978 Series. The issuance of said bonds has been authorized by proceedings duly had and an ordinance lawfully enacted by the Mayor and Council of said City in strict compliance with Sections 18-1803 to 18-1805 R.R.S. Neb. 1943. I The revenue and earnings of the waterworks plant and water system owned by the City of Grand Island, Nebraska, and all improvements and additions thereto hereafter acquired (the "Water System" ) have been pledged and hypothecated for the payment of this bond and the other bonds of this issue and for the payment of any additional bonds of equal priority issued in accordance with 5 . . the ordinance authorizing the bonds of this issue. The bonds of this issue are a lien only upon said revenue and earnings and are not general obligations of the City of Grand Island, Nebraska. The ordinance authorizing the issuance of this bond and the other bonds of this issue sets forth the covenants and obliga- tions of the City with respect to the Water System and the appli- cation of the revenues to be derived therefrom, which revenues are by the terms of said ordinance to be deposited into the "Grand Island Water System Fund" and disbursed to pay costs of operation and maintenance, make payments of principal and interest on the bonds of this issue and make other payments as specified in said ordinance. Said ordinance designates the terms and conditions on which additional bonds of equal lien to the bonds of this issue may be issued. Said ordinance also designates the terms and con- ditions on which this bond shall cease to be entitled to any lien, benefit or security under such ordinance and all covenants, agree- ments and obligations of the City under such ordinance may be discharged and satisfied at or prior to the maturity or redemption of this bond if moneys or certain specified securities shall have been deposited with the Hall County Treasurer or a designated trustee bank. The City also reserves the right to issue bonds junior in lien to the bonds of this issue the principal and inter- est of which shall be payable from monies in the "Surplus Account" of the Grand Island Water System Fund as described in said ordi- nance. IT IS HEREBY CERTIFIED AND WARRANTED that all condi- tions, acts and things required by law to exist or to be done precedent to and in the issuance of this bond, did happen and were done in regular and due form and time as provided by law. 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 signature of the Mayor and the manual signature of the City Clerk and by causing the official seal of the City to be affixed hereto, and have caused the inter- est coupons hereto attached to be executed on behalf of the City by the facsimile signatures of the Mayor and the City Clerk. DATED this fifteenth day of June, 1983. CITY OF GRAND ISLAND, NEBRASKA (SEAL) By: Mayor ATTEST: City Clerk 6 . . No. (FORM OF COUPON) $ On the fifteenth day of January (July), 19 , (unless the bond to which this coupon pertains shall have been previously called for redemption and paid, or provision for payment thereof shall have been made) the City of Grand Island, Nebraska, will pay to bearer, but solely from the special fund referred to in the bond to which this coupon pertains, the sum shown hereon at the office of the County Treasurer of Hall County, Nebraska, in the City of Grand Island, Nebraska, for interest due on its Water Revenue Refunding Bond, Series 1983, dated June 15, 1983, Bond No. Mayor City Clerk 7 . . Section 4. Each of the Series 1983 Bonds shall be exe- cuted on behalf of the City with the facsimile signature of the Mayor and the manual signature of the City Clerk and shall have affixed thereto the City's seal. The interest coupons attached to each bond shall be executed on behalf of the City with the facsim~ ile signatures of the Mayor and City Clerk, who by such execution of each bond shall adopt said facsimile signatures as their own proper signatures. The City Treasurer shall cause the Series 1983 Bonds to be registered in the office of the Auditor of Public Accounts of the State of Nebraska, in the office of the City Treasurer as finance officer of said City and in the office of the County Clerk of Hall County. Upon execution and registration of said bonds, they shall be delivered to the City Treasurer, who is authorized to deliver them to Chiles, Heider & Co., Inc., as pur- chaser thereof, upon receipt of 97.15% of the principal amount of said Series 1983 Bonds plus accrued interest thereon to date of payment for said bonds. The City Clerk shall make and certify duplicate transcripts of the proceedings of the Mayor and Council with respect to the Series 1983 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 5. The proceeds of the Series 1983 Bonds, exclusive of accrued interest, shall be applied to the payment in full of all principal and interest falling due on the Outstanding Bonds. In order to provide for such payment the City shall sub- scribe for united States Treasury Securities, State and Local Government Series to be purchased from the proceeds of the Series 1983 Bonds, shall purchase in the open market United States Treasury obligations and shall deposit monies, all of which together shall be in such amounts and with such maturity schedule and interest rates as shall provide for payments sufficient to cover all principal and interest falling due on the Outstanding Bonds. The United States Treasury Securities, State and Local Government Series, subscribed for by the City shall be non- redeemable and shall be purchased in the name of the Paying Agent 8 . . for the outstanding Bonds. The City shall assign and transfer to the Paying Agent for the Outstanding Bonds all of its right, title, and interest in and to all securities and monies trans- ferred in accordance with the Instructions which are hereby approved in the form presented to the meeting at which this Ordinance is adopted. In order to provide for the holding of the united States Treasury obligations which are to be purchased in the open market with funds of the Water System currently on hand, the City shall enter into an agreement entitled "Escrow Agreement" with Commercial National Bank & Trust Co. of Grand Island, as Escrow Agent, the form of which Escrow Agreement, as presented to the meeting at which this ordinance is adopted, is hereby ap- proved. All securities and monies held by Escrow Agent pursuant to the Escrow Agreement shall belong to and be held for the exclusive benefit of the Paying Agent for the Outstanding Bonds. The Mayor, Clerk, and Treasurer, or anyone of them, are hereby authorized and directed to execute and deliver, on behalf of the City, all necessary subscriptions for the united States Treasury Securities, State and Local Government Series, the Instructions, and the Escrow Agreement and all other documents and instruments necessary in connection with providing for payment in full of the Outstanding Bonds and are further authorized to make all necessary transfers to the Paying Agent for the Outstanding Bonds and the Escrow Agent. All documents executed by said officers shall be in such form and have such provisions as said officers shall deem appropriate and their execution of any such documents shall evidence such approval for and on behalf of the City. The Commercial National Bank & Trust Co. of Grand Island, is hereby authorized to act as transmitting bank on behalf of the City for purposes of purchasing United States Treasury Securities, State and Local Government Series. Any accrued interest received upon the sale of the Series 1983 Bonds shall be credited to the Bond Payment Account as described in Section 6 of this ordinance to satisfy, to the extent possible, the first credits required thereto. 9 Section 6. The revenues and earnings of the Water System, including any and all additions and improvements thereto hereafter acquired, are hereby pledged and hypothecated for the . payment of the Series 1983 Bonds and any Additional Bonds and interest on such Series 1983 Bonds and any such Additional Bonds, and the City does hereby agree with the holders of said Series 1983 Bonds and Additional Bonds as follows: (a) GRAND ISLAND WATER SYSTEM FUND - The entire gross revenues and income derived from the operation of the Water System shall be set aside as collected and deposited in a separate fund which is hereby created and shall be designated as the "Grand Island Water System Fund." For purposes of allocating the monies in the Grand Island Water System Fund, the City shall set up and maintain the following accounts: (1) Operation and Maintenance Account; (2) Bond Payment Account; (3) Debt Service Reserve Account; and (4) Surplus Account. (b) OPERATION AND MAINTENANCE ACCOUNT - Out of the Grand Island Water System Fund there shall be monthly credited into the Operation and Maintenance Account such amounts as the City shall from time to time determine to be necessary to pay the reasonable and necessary ex- penses of operating and maintaining the Water System and the City may withdraw funds credited to the Operation and Maintenance Account as necessary from time to time to pay such expenses. (c) BOND PAYMENT ACCOUNT - Out of the Grand Island Water System Fund there shall be credited monthly on or before the first day of each month to the Bond Payment Account, starting with the month of July, 1983, the following amounts: (1) during the period from June 15, 1983 to January 14, 1984, an amount equal to 1/7 of the interest payment due on the Series 1983 Bonds on January 15, 1984; (2) during the period from January 15, 1984 until the Series 1983 Bonds have been paid in full, an amount equal to 1/6 of the next maturing semiannual interest payment on the Series 1983 Bonds; (3) during the period from June 15, 1983, to January 14, 1984 an amount equal to 1/7 of the principal falling due on the Series 1983 Bonds on January 15, 1984; and . (4) during the period from January 15, 1984, until the Series 1983 Bonds have been paid in full, an amount equal to 1/12 of the next maturing principal payment on the Series 1983 Bonds. The City Treasurer is hereby authorized and directed, without further authorization, to withdraw monies credited to the Bond Payment Account, or if the monies in such Account are insufficient, then from the Debt Service Reserve Account and next from the Surplus Account, in an amount sufficient to pay, when due, the 10 . principal of and interest on the Series 1983 Bonds or any Additional Bonds and to transfer such amount to the County Treasurer of Hall County (or the designated paying agent for any Additional Bonds), at least five (5) days before each principal anq interest payment date. Upon the issuance of any Additional Bonds pursu- ant to this ordinance appropriate additional credits to the Bond Payment Account shall be provided for suffi- cient to pay principal and interest on said Additional Bonds. (d) DEBT SERVICE RESERVE ACCOUNT - After making the monthly credits required to be made by the foregoing Subsections 6(b) and 6(c), the City agrees that from the Grand Island Water System Fund there shall monthly be credited to the Debt Service Reserve Account the sum of $4,500 until there has been accumulated in said account the sum of $160,000, which shall thereafter be the required balance to be maintained. Monies credited to the Debt Service Reserve Account may be withdrawn, as needed, to provide funds to pay, when due, the principal of and interest on the Series 1983 Bonds and any Addi- tional Bonds issued pursuant to this ordinance, if the Bond Payment Account contains insufficient funds for that purpose, and the City Treasurer is hereby author- ized and directed to make such withdrawal if and when needed. In the event of a withdrawal from the Debt Service Reserve Account, there shall be credited to the Debt Service Reserve Account in the month following such withdrawal all monies in the Grand Island Water System Fund remaining after making the payments required to be made in such month to the Operation and Maintenance Account and Bond Payment Account and each month there- after all such remaining monies shall be credited to the Debt Service Reserve Account until such account has been restored to the then required balance. Upon the issu- ance of any Additional Bonds, the amount required to be accumulated and maintained in the Debt Service Reserve Account shall be set at an amount not less than the Average Annual Debt Service Requirements of the Series 1983 Bonds, any Additional Bonds then outstanding, and the proposed Additional Bonds. Any such required increase shall be provided for either by credit made from bond proceeds or current funds of the Water System then available or by equal monthly credits from the Grand Island Water System Fund made in such amounts so that the required amount shall be accumulated in a period of not more than five years. Any ordinance pro- viding for the issuance of Additional Bonds may provide for a reduction in the amount required to be maintained in the Debt Service Reserve Account after the Series 1983 Bonds are no longer outstanding. Anything in this Subsection 6(d) to the contrary notwithstanding, the amount required to be maintained in the Debt Service Reserve Account shall not at any time exceed the maximum amount permitted to be invested without yield restric- tion under Section 103(c) of the Internal Revenue Code of 1954, as amended, and applicable regulations of the United States Treasury Department. . (e) SURPLUS ACCOUNT - Monies in the Grand Island Water System Fund remaining after the credits required in the foregoing Subsections 6(b), 6(c), and 6(d) shall be credited to the Surplus Account. Monies in the Surplus Account may be used to make up any deficiencies in the preceding Accounts, to retire any of the Series 1983 Bonds or any Additional Bonds prior to their maturity, to pay principal of and interest on any junior 1 1 . . lien indebtedness incurred with respect to the Water System, to provide for replacements or improvements for the Water System, to provide for in lieu of tax payments in an amount not to exceed 1% of the gross revenues of the Water System in any fiscal year, or to provide for any other purpose related to the Water System. The provisions of this Section 6 shall require the City to maintain a set of books and records in accordance with such accounting methods and procedures as are generally applicable to municipal utility enterprises, which books and records shall show credits to and expenditures from the several Accounts required by this Section. Monies credited to the Grand Island Water System Fund or any of the Accounts therein as established by this Ordinance shall be deposited or invested separate and apart from other City funds. Except as specified below for the Debt Service Reserve Account, the City shall not be required to establish separate bank or investment accounts for the Accounts described in Subsection 6(b), 6(c), 6(d), and 6(e). Monies credited to the Debt Service Reserve Account shall, if maintained in a demand or time deposit account, be kept in a separate account and not com- mingled with other Water System funds or Accounts. If invested, monies credited to the Debt Service Reserve Account may be com- mingled with other Water System funds or Accounts so long as the City maintains books and records clearly identifying the specific investments, or portions thereof, which belong to the Debt Service Reserve Account. Monies in any of said Accounts except the Debt Service Reserve Account may be invested in securities eligible for invest- ment of other City funds. Monies in the Debt Service Reserve Account may be invested in Deposit Securities, savings accounts or other interest bearing accounts in banks which are members of the Federal Deposit Insurance Corporation, except that whenever the amount so deposited exceeds the amount of the F.D.I.C. insurance available thereon, the excess shall be secured in the manner required by Section 16-715 R.R.S. Neb. 1943. Investments made from or attributable, in whole or in part, to the Debt Service Reserve Account shall mature or be redeemable at the option of the 12 holder, without penalty, in not more than ten years. Income from or profit realized from investment for any Account shall be credited to such Account until such Account contains any amount . then required to be therein, and thereafter such income or profit shall be transferred to the Grand Island Water System Fund and treated as other revenues from the operation of the Water System. Section 7. So long as any of the Series 1983 Bonds and any Additional Bonds issued pursuant to this Ordinance shall remain outstanding and unpaid, the City covenants and agrees to establish, revise, from time to time as necessary, and collect such rates and charges for the water and service furnished from the Water System adequate to produce revenues and earnings suf- ficient at all times: (a) To provide funds to pay, when due, the princi- pal of and interest on the Series 1983 Bonds and any Additional Bonds issued pursuant to this Ordinance. (b) To pay all proper and necessary costs of operation and maintenance of the Water System and to pay for the necessary and proper repairs, replacements, enlargements, extensions, and improvements to the Water System. (c) To provide funds sufficient to make the credits into the Accounts and at the times and in the amounts required by Section 6 of this Ordinance. (d) To maintain Net Revenues in each fiscal year adopted by the City for the Water System in an amount not less than 1.20 times the total amount of principal paid or payable (exclusive of any principal redeemed prior to maturity) and interest falling due during such fiscal year on the Series 1983 Bonds and any Additional Bonds. Section 8. To provide funds for any purpose related to the Water System, the Ci ty may issue Addi tional Bonds, except for Additional Bonds issued for refunding purposes which are governed by Section 9 of this Ordinance, payable from the revenues of the Water System having equal priority and on a parity with the Series 1983 Bonds and any Additional Bonds then outstanding, only upon . compliance with the following conditions: (a) Such Additional Bonds shall be issued only pursuant to an ordinance which shall provide for an increase in the monthly credits into the Bond Payment Account in amounts sufficient to pay, when due, the principal of and interest on the Series 1983 Bonds, any Additional Bonds then outstanding and the proposed 13 Additional Bonds and for any monthly credits to the Debt Service Reserve Account as are required under Subsection 6(d) . (b) The City shall have complied with one or the other of the two fOllowing requirements; . . (1) The Net Revenues derived by the City from its Water System for the fiscal year next preceding the issuance of the Additional Bonds shall have been at least equal to 1.25 times the Average Annual Debt Service Requirements of the Series 1983 Bonds and any Additional Bonds, both as then outstanding and of the proposed Additional Bonds; or (2) The City shall have received a projection made by a consulting engineer or firm of consulting engineers, recognized as hav- ing experience and expertise in municipal utility systems, projecting that the Net Revenues of the Water System in each of the three full fiscal years after the issuance of such Additional Bonds will be at least equal to 1 .25 times the Average Annual Debt Service Requirements of the Series 1983 Bonds and any Additional Bonds, both as then outstanding ,and of the proposed Additional Bonds. In making such projection, the consulting engineer shall use as a basis the Net Revenues of the Water System during the last year for which an independent audit has been pre- pared and shall adjust such Net Revenues as follows: (A) to reflect changes in rates which have gone into effect since the beginning of the year for which the audit was made, (B) to reflect his estimate of the net increase over or net decrease under the Net Revenues of the Water System for the year for which the audit was made by reason of: (i) changes of amounts payable under existing con- tracts for service; (ii) additional general income from sales to customers under existing rate schedules for various classes of customers or as such schedules may be revised under a program of changes which has been adopted by the Mayor and Council of the City; (iii) projected revisions in costs for labor, wages, salaries, machinery, equipment, supplies and other operational items; (iv) revi- sions in the amount of service to be supplied and any related administrative or other costs associated with such increases due to increased supply from the acquisition of any new facility; and (v) such other factors affecting the projections of revenues and expenses as the consulting engineer deems reasonable and proper. Annual debt service on any proposed Additional Bonds to be issued may be estimated by the consulting engineer in projecting Average Annual Debt Service Requirements, but no Addi- tional Bonds shall be issued requiring any annual debt service payment in excess 14 e) . of the amount so estimated by the con- sulting engineer. The City hereby covenants and agrees that so long as any of the Series 1983 Bonds and any Additional Bonds are outstanding, it will not issue any bonds or notes payable from the revenues of the Water System except in accordance with the provisions of this ordinance, provided, however, the City reserves the right to issue bonds or notes which are junior in lien to the Series 1983 Bonds and any such Additional Bonds with the principal and interest of such bonds or notes to be payable from monies credited to the Surplus Account as provided in Subsection 6(e). Section 9. The City may issue refunding bonds, which shall qualify as Additional Bonds of equal lien to refund any Series 1983 Bonds or Additional Bonds then outstanding, provided, that, if any such Series 1983 Bonds or Additional Bonds are to remain outstanding after the issuance of ~uch refunding bonds, the principal payments due in any calendar year in which those bonds which are to remain outstanding mature, or in any calendar year prior thereto, shall not be increased over the amount of such principal payments due in such calendar years immediately prior to such refunding. Refunding bonds issued in accordance with this paragraph of this Section 9 may be issued as Additional Bonds of equal lien without compliance with the conditions set forth in Subsection 8(b) of this Ordinance. The City may also issue refunding bonds which shall qualify as Additional Bonds of equal lien to refund any Series 1983 Bonds or Additional Bonds then outstanding, provided, that, if any Series 1983 Bonds or Additional Bonds then outstanding are to remain outstanding after the application of the proceeds of the refunding bonds to the payment of the bonds which are to be re- funded, such issuance must comply with the Net Revenues test set forth in Subsection 8(b)(1) of this Ordinance and, if the proceeds of such refunding bonds are not to be applied immediately to the satisfaction of the bonds which are to be refunded, then such refunding bonds must provide by their terms that they shall be junior in lien to all Series 1983 Bonds and any Additional Bonds 15 e e outstanding at the time of issuance of such refunding bonds until the time of application of their proceeds to the satisfaction of the bonds which are to be refunded. In computing Average Annual Debt Service Requirements to show compliance with said Net Revenues test for such refunding bonds, all payments of principal and interest due on such refunding bonds from the time of their issuance to the time of application of the proceeds of such re- funding bonds to the satisfaction of the bonds which are to be refunded shall be excluded from such computation to the extent that such principal and interest are payable from sources other than the revenues of the Water System or from monies in the Surplus Account and all payments of principal and interest due on the bonds which are to be refunded from and after the time of such application shall also be excluded. For purposes of this para- graph of this Section 9, the time of application of the proceeds of the refunding bonds to the satisfaction of the bonds which are to be refunded shall be the time of deposit with the paying agent for such bonds which are to be refunded pursuant to Section 10-126 R.R.S. Neb. 1943 (or any successor statutory provision thereto) or the time when such bonds which are to be refunded under the terms of their authorizing ordinance or ordinances are no longer deemed to be outstanding, whichever occurs sooner. Section 10. So long as any Series 1983 Bonds or Addi- tional Bonds are outstanding, the City hereby covenants and agrees as follows: (a) The City will maintain the Water System in good condition and will continuously operate the same in a reasonable and efficient manner, and the City will punctually perform all the duties with reference to said system required by the Constitution and statutes of the State of Nebraska, but this covenant shall not prevent the City from discontinuing the use and operation of all or any portion of the Water System so long as the revenues derived from the City's ownership of the prop- erties constituting the Water System shall be sufficient to fulfill the City's obligations under Section 7 of this Ordinance. (b) The City will not grant any franchise or right to any person, firm or corporation to own or operate a water system or systems in competition with the Water System. 16 . (c) The City will maintain insurance on the prop- erty constituting the Water System (other than such portions of said system as are not normally insured) against risks customarily carried by similar utilities, but including fire and extended coverage insurance in an amount which would enable the City to repair, restore or replace the property damaged to the extent necessary to make the Water System operable in an efficient and proper manner to carry out the City's obligations under this Ordinance. The Mayor and Council shall annually, within one month after the end of each fiscal year adopted by the City for the Water System examine the amount of insurance carried with respect to the Water System and shall evidence approval of such insurance by resolution. The proceeds of any such insurance received by the City shall be used to repair, replace or restore the property damaged or destroyed to the extent neces- sary to make the Water System operable in an efficient and proper manner, and any amount of insurance proceeds not so used shall be credited to the Surplus Account. In the event of any such insured casualty loss, the City may advance funds to make temporary repairs or provide for an advance on costs of the permanent repair, restor- ation or replacement from the Operation and Maintenance Account and any such advances shall be repaid from insurance proceeds received. (d) The City will keep proper books, records, and accounts separate from all other records and accounts in which complete and correct entries will be made of all transactions relating to the Water System. The City will have its operating and financial statements relat- ing to the Water System audited annually by a certified public accountant or firm of certified public account- ants. The City will furnish to the original purchaser of the Series 1983 Bonds and to the original purchaser or purchasers of each series of Additional Bonds issued hereunder, within four months after the end of each fiscal year of the Water System, a copy of the financial statements of the Water System and the report thereon of the certified public accountants. (e) The City shall cause each person handling any of the monies in the Grand Island Water System Fund to be bonded by an insurance company licensed to do busi- ness in Nebraska in an amount or amounts deemed suffi- cient by the Mayor and Council to cover the amount of money belonging to said system reasonably expected to be in the possession or control of any such person. The amount of such bond or bonds shall be fixed by the Mayor and Council and the costs thereof shall be paid as an operating and maintenance expense from the Operation and Maintenance Account. Section 11. The City's obligations under this Ordinance and the liens, pledges, covenants, and agreements of the City herein made or provided for, shall be fully discharged and satis- . fied as to the Series 1983 Bonds or any Additional Bonds issued pursuant to this Ordinance and any such bonds shall no longer be deemed outstanding hereunder if such bonds shall have been pur- chased and cancelled by the City, or when payment of the principal of and interest thereon to the respective date of maturity or 17 . . redemption (a) shall have been made or caused to be made in accor- dance with the terms thereof; or (b) shall have been provided for by depositing with the Treasurer of Hall County, Nebraska, or with a national or state bank having trust powers, in trust solely for such payment (1) sufficient money to make such payment or (2) Deposit Securities in such amount and bearing interest at such rates and payable at such time or times 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 suffi- cient money to make such payment; provided, however, that with respect to any bond to be paid prior to maturity, the City shall have duly given notice of redemption of such bond as required by this Ordinance or given irrevocable instructions for the giving of such notice. Any such money so deposited with a bank or the County Treasurer of Hall County may be invested and reinvested in Deposit Securities at the direction of the City, and all interest and income from such Deposit Securities in the hands of such bank or Treasurer in excess of the amount required to-pay principal of and interest on the bonds for which such monies were deposited, shall be paid over to the City as and when collected. For purposes of this Section 11, any Deposit Securities shall be non- callable or callable only at the option of the holder. Secion 12. The terms and provisions of this Ordinance do and shall constitute a contract between the City of Grand Island and the holder or holders of the Series 1983 Bonds and no changes, variations or alterations of any kind, except for changes necessary to cure any ambiguity, formal defect or omission, shall be made to this Ordinance without the written consent of the holders of two-thirds (2/3rds) in principal amount of the Series 1983 Bonds then outstanding, provided, however, that neither the principal and interest to be paid upon any bond or the maturity date of any bond shall be changed without the written consent of all holders of the Series 1983 Bonds then outstanding affected thereby. The holder of any Series 1983 Bond or Bonds may, either 18 in law or in equity, by suit, action, mandamus or other proceed- ing, enforce or compel performance of any and all of the acts and duties required by this Ordinance, and any court of competent . jurisdiction may, on application of any such holder, appoint a receiver to take charge of the Water System and operate the same and apply the earnings thereof to the payment of the principal of and interest on bonds issued pursuant to this Ordinance in accor- dance with the provisions hereof. Section 13. The Mayor and City Clerk of the City are hereby authorized to do all things and execute all such documents as may by them be deemed necessary and proper to complete the issuance and sale of the Series 1983 Bonds as contemplated by this Ordinance. Section 14. The City hereby covenants with the pur- chasers and holders of the Series 1983 Bonds that it will make no use of the proceeds of said issue, including monies held in any sinking fund for the payment of principal and interest on said bonds, which would cause said bonds to be arbitrage bonds within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, and further covenants to comply with said Section 103(c) and all applicable regulations thereunder through- out the term of said issue. Section 15. If any section, paragraph, clause or provi- sion of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. Section 16. This Ordinance shall be in force and take effect from and after its passage and approval according to law. This Ordinance shall be published in pamphlet form. PASSED AND APPROVED this 23 day of May, 1983. I. ATTEST: /5c;;5~::-:':.:';:"''''I~-'''~"" ~' ., "'" /i~::>~<( . '_', ~ \J fJ ""')' - _ - " _,_ - - -<~ 170 /' ,.>~ / '\C1ty C er {(~ ~~\. Oi',_,_ \,..__: \~}I rr .~, ,;. . ,.; ~~,'~ :.-:' :" ,r~ ' _. :-. ....:j'. "'\ q (.) '\''.YSiALY' \:J,\ ~1" .",' i} !i" ',' '> 'I \( " ""\'~~~~~;~:,i':'";,:""",,, /L~-/~ Mayo ". 19 ORDINANCE NO. 6920 . An ordinance creating Street Improvement District No. 1027; defining the boundaries of the district; providing for the improvement of a street within the district by paving, guttering, and all incidental work in connection therewith; 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. 1027 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: ~ l- e z M W g co ~ z.? I- ~ C":> '< ~. ..... n- ot w W'- z 0 > :::l -J If -, <: <.:l w [ -J Beginning at a point along the South line of Section Eleven (11), Township Eleven (11) North, Range Nine (9) West of the 6th P.~l., Hall County, Nebraska, said point also being 33 feet South of the Southwest corner of Lot 9, Bernhard Voss First Subdivision; thence proceeding East along the South line of Section Eleven (11) for a distance of 304.1 feet; thence deflecting left in a northerly direction along the East line of Bernhard Voss First Subdivision and a northerly and southerly prolongation of this line for a distance of 660.3 feet; thence deflecting left in a westerly direction 33 feet North of and parallel to the North line of Bernhard Voss First Subdivision for a distance 0E 303.5 feee; thence deflecting Left in a southerly direction along the West line of Bernhard Voss First Subdivision and a northerly and southerly prolongation of this line for a distance of 660.3 feet to the point of beginning, all as' shown on the plat marked Exhibit "A", attached hereto and incorporated herein by reference. SECTION 3. The following street in the district shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: Voss Road from Seedling Mile to the North line of the Bernhard Voss First Subdivision in the City of Grand Island, Nebraska. 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. SECTION 4. 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 specially benefited thereby, as provided by law. 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 ATTEST: 2o-luJVE/91'3 /$d~' Cay Clel k '. . - It) o CD . ,W POINT OF BEGINNING SEEDLING 303.51 -q; 1321 ~ 40' -It) (0 16 (0 <<> U) (0 <D a - - <( co 0 <D (X) lO lO a:: lO x.~~~ ~ V = to - - <D to :;; <D lO = : -1'0 ~ 131.53 I -rt'> I ~ to 131.591 ~os~ 131.65 : .. : = :;; 131'nl : :;; I .831 :S0 rt'> : 0 CD 131.89' (() ~<D lO , r-I 8 - C\J rt'> - to to - to lO to lO en U) 0 en > C\l ~ !2 401 132. (57' ~ s\.; SOUlli UNE SECTION -- L 11- 11-9 ROAD EXHIBIT'~' CITY OF GRANDISLAND,NEBR. ENGINEERING DEPARTMENT rPLAT .ACCOMPANY ORDINANCE V] L-. NO_. 6920 .;_ I~CALE I": 100' L.D.C. 6/7/83 1 STREET IMPROVE ME NT DIST. '1027 - ~ 10 9 132' MILE -; 303.5' -~ 132' ~ 40' rt) CD 16 CD uS \D CD CD co CD c _<C CD 0 CD CD a:: CD 131.53' -rt) I CD CD 131.59 I \JOS~ ~ ~~~~ p-. 131.65 : ;; - CD CD - CD CD = ,I = 131. : : I .83' :SU . rt) : 0 CD 131.89' CD CD ~CD CD CD : - ~ ~ 9 - CD CD U> en 0 en > rt) - 40' C\J rt) 8 - C\J rt) POINT OF BEGINNING SEEDLING 132' 132.07' MILE rt) ~ It) . SOUlli UNE SECTIO N -- - 11- 11-9 ROAD . EXHIBITI~I CITY OF GRAND ISLANQ)NEBR. ENGINEERING DEPARTMENT I PLAT ACCOMPANY. ORDINANCE , . NO. 6920 . . I SCALE .1"= 100' L.D.C. 6/7,/83 I STREET IMPROVEMENT 01 ST. 1027 ORDINANCE NO. 6921 (Not Adopted) An ordinance to repeal Ordinances of the City of Grand 1) 1.//<$\ Island numbered 6899, 6900, 6901, 6902, and 6903, pertaining e to 'annexation; and to provide the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Ordinances numbered 6899, 6900, 6901, 6902, and 6903, annexing certain contiguous lands to the City of Grand Island, be, and hereby are, repealed. SECTION 2. 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, as provided.by law. Enacted Robert L. Kriz, Mayor ATTEST: City Clerk Memorandum For Record: This Ordinance was prepared for consideration at the 20 June 1983 Council Meeting. A Motion was m:tde to have the Council go on record favoring adoption of the Ordinance. The Motion failed. See pages 2 and 4 of the Minutes of the 20 June 1983 Session. 21 June 1983 ~~~ R. L. Retallick "C::: City Clerk e APPROVE~U10 FORM . ..,-.,.... JUN l3 1983 LEGAL DEPARTMENT ~ r ORDINANCE NO. 6922 . An ordinance assessing and levying a special tax to pay the cost of construction of Street Improvement District No. 1020 of the City of Grand Island, Nebraska; provid- ing 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 Jescribed lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of con- struction of said Street Improvement District No. 1020, 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 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 Teddy Joe Walford and Vivian M. Walford Part of Lot 1, Garrett's Subdivision, being the N23' of a tract described as beginning at a point 344.55' North and 33' West ot the Southeast corner of the Northeast Quarter (NEl), Sec. 9-11-9, which point is 313.6' North of the Southeast corner of said Lot 1; thence West 190'; thence N 55'; thence East 190'; thence South 55' to the point of beginning $249.47 Teddy J. Walford and Vivian M. Walford Part of Lot 1, Garrett's Subdivision, beginning at a point 55' South of the Northeast corner of said Lot 1; thence South 45'; thence West 190'; thence North 45'; thence East 190' to the point of beginning $488.07 Edward F. Combs and May Combs Part of Lot 1, Garrett's Subdivision, beginning at the Northeast corner of said Lot 1; thence South 45'; thence West 190'; thence North 45'; thence East 190' to the point of beginning $488.07 Pioneer Investment Part of Lot 2, Garrett's Subdivision, being the E300' of N101', and W72' of E300' of S167' of N268' and W79' of E300' of S205' $1,392.43 Pioneer Investment Part of Lot 3, Garrett's Subdivision, being the S~ except the East 261', and N~ except East 169' $498.88 Jerry L. Kincheloe and Marlena J. Kincheloe Part of Lot 2, Garrett's Subdivision, beginning on the East line of Lot 2, said point being 205' North of the Southeast corner of said Lot 2; thence North 167'; thence West 261'; thence South 167'; thence East 261' to the point of beginning $1,890.22 East 261' of S~ Lot 3, Garrett's Subdivision $2,133.57 Willard F. Lundy and Pauline Lundy Henry Schoening and ZelIa Schoening East 169' of N~ Lot 3, Garrett's Subdivision $1,821.78 . Maxine E. Livingston Pioneer Investments Beck 1 2 Beck $1,405.97 $899.82 APPRO\lE~WTO FOftM JUN 13 1983 LEGAL OEPARTMENT . . Stanley W. Bond and Joyce K. Bond Stanley W. Bond and Joyce K. Bond Stephen J. Hughes and Marlene K. Hughes Stephen J. Hughes and Marlene K. Hughes Leo D. Simons and Judith A. Simons Leo O. Simons and Judith A. Simons Leo D. Simons and Judith A. Simons Ira L. Simons and Lorraine J. Simons Ira L. Simons and Lorraine J. Simons Robert Widdifield Robert Widdifield Jose E. Rodriquez and Beatrice M. Rodriquez Caletta M. Oakley Caletta M. Oakley Lowell W. Dohse and Marie H. Dohse Robert G. Scheel and Nanette Sue Scheel Loren J. Janulewicz and Barbara A. Janulewicz Earl M. Anderson and Grace Anderson David A. and Tresa K. Vasey Gertrude S. Neid Gertrude S. Neid Gertrude S. Neid Gertrude S. Neid Gertrude S. Neid Kenneth F. and Elana M. Kotinek Kenneth F. and Elana M. Kotinek ORDINANCE NO. 6922 (Contd) E~ E~ E~ Except Nll' of W~ 4 E31' :.J19 ' E25' E300' of W333' of S145.8' N180' of W 2/3 of W~, East & West 440' by 180' North & South E300' of W333' of S20' E237' of \0J270' of N140.5' E70' of W333' of S150' E63' of \.J333 , of N130.5' 2 10 11 12 13 14 3 4 1 4 2 4 3 4 4 A 4 B 4 5 4 6 4 7 4 8 4 4 5 6 6 7 7 7 1 13 13 13 13 13 8 8 '\ Blain Blain Blain Blain Blain Blain Blain Blain Blain Blain Blain Norwood Norwood Norwood Norwood Norwood Norwood O.K. D.K. Meth's Meth's Meth's Meth's Meth's George Loan's George Loan's $341.16 $324.92 $324.92 $443.79 $477.32 $477.32 $152.73 $88.68 $39.41 U6.42 $18.06 $1,722.61 $2,126.68 $236.30 $1,601. 89 $72.66 $53.96 $983.71 $602.56 $428.81 $419.49 $419.49 $419.49 $419.49 $402.37 $857.76 . . ". ORDINANCE NO. 6922 (Contd) Jesse L. and Opal H. Winfrey Jesse L. and Opal H. Winfrey 5 6 8 8 George Loan's $857.76 $402.37 George Loan's 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 per cent per annum from the time of levy until the same shall become delinquent. After the same shall become delinquent, interest at the rate of nine per cent per annum shall be paid thereon. SECTION 3. The Clerk-Finance Director of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as pro- vided by law. SECTION 4. Such special assessments shall be paid into a fund to be desig- nated as the "Paving Fund" for Street Improvement District No. 1020. 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 c;z.OJUIV€ 1'i~..3 ~~_. C~ty er~ , Mayor ~ . . ORDINANCE NO. 6923 An ordinance rezoning a certain area within the City of Grand Island and within its zoning jurisdiction; changing the classification of such tract from CD-Commercial Development Zone, to Amended CD-Commercial Development Zone classification; 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 June 1, 1983, recommended approval of 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 June 6, 1983, 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 the following described property in the City of Grand Island, Hall County, Nebraska, to wit: Lot One (1), Grand Island Mall Third Subdivision in the City of Grand Island, Hall County, Nebraska, be rezoned and reclassified and changed to Amended 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 Planning Commission and the City Council of the City of Grand Island are hereby accepted, adopted, and made a part of this ordinance. APPR~7S TO FO~ JUN 13 1983 LEGAL DEPARTMENT . . ORDINANCE NO. 6923 (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 such 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 provid- ed by law. Enacted -<D../vA.le: ~ . ~, Mayor ATTEST: 4Jf~k - 2 - . . ORDINANCE NO. 6924 An ordinance rezoning a certain area within the City of Grand Island and within its zoning jurisdiction; changing the classification of such tract from R2-Low Density Residential Zone, to RO-Residential-Office Zone classification; 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 June 1, 1983, recommended approval of 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 June 6, 1983, 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 the following described property in the City of Grand Island, Hall County, Nebraska, to wit: Lots 217, 218, 219, and 220, Belmont Addition in the City of Grand Island, Hall County, Nebraska, be rezoned and reclassified and changed 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. SECTION 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. APPRov(l;;p:ro FORM JUN 13 1983 LEGAL DEPARTMENT . . ORDINANCE NO. 6924 (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 such 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 provid- ed by law. Enacted ZD -I~IUE- 8'~. ATTEST: ~d/4f~ City C er p~ o ert L. K~11ayor - 2 - . ORDINANCE NO. 6925 An ordinance creating Street Improvement District No. 1028; defining the boundaries of the district; providing for the improvement of a street within the district by paving, guttering, and all incidental work in connection therewith; and providing the effective date of this ordinance. ~E IT ORDAINED BY THE MAYOR AND COUNCIL OF THE.CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 1028 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at a point along the East line of Cherry Street, said point beging at the Northwest corner of Lot 8, Block 3, Valley View Sub- division; thence proceeding in an easterly direction 150 feet North of and parallel to the North line of Phoenix Avenue for a distance of 1,070.36 feet; thence deflecting left in a northerly direction along the West line of Stuhr Road for a distance of 210 feet; thence deflecting right in an easterly direction perpendicular to the West li~e of Stuhr Road for a distance of 40 feet; thence deflecting right in a southerly direction alonng the East line of Section 22 for a distance of 560 feet; thence deflecting right in a westerly direction along a line 150 feet South of and parallel to the South line of Phoenix Avenue for a distance of 1,110.4 feet; thence deflecting right along the East line of Cherry Street for a distance of 150 feet; thence deflecting left in a westerly direction perpendicular to the East line of Cherry Street for a distance of 60 feet; thence deflecting right in a northerly direction along the West line of Cherry Street for a distance of 50 feet; thence deflecting right in an easterly direction along a line perpendicular to the East line of Cherry Street for a distance of 60 feet; thence deflecting left in a northerl~ direction along the East line of Cherry Street for a distance of 150 feet to the point of beginning, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The following street in the district shall be improved by paving, curbing, gu~tering, and all incidental work in connection therewith: Phoenix Avenue from Cherry Street to Stuhr Road. 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. SECTION 4. 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 specially benefited thereby, as provided by law. SECTION 5. This ordinance shall be in force and take effect from and after its :e l- e: Z e ("') UJ ~~, co :E ~ I- a:: ~\\ .":,- ~ C\1 a.. e '"j UJ Z 0 > :::J ...J 0 -, f ~ C!J UJ I ...J 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 5.../(/~Y /98'3 ~ ATTEST' g4 -- ~ y er ~ -------=:::: ~ W l"'> ~ co t:: W N Z~ ;e. - .w ~ lb O~ Z';t. 0 (,) <1.:l '>" ~ JO- OZ ..J :4- (J)\IJ 1 _0 o~ ~.n 0 ,- ZZ ON ~ <1- vc\ 9- ~~ ~U) ,t CO I9w 06 " u..~ B\,\{,lS :r. O~ .....oz \IJ O'JOB '", rW '4 ..J ,09\t "", ~ 4 .~ '" '" t: ..J 0 V 0- (/) orl ,~ ,0<;\ ,09 ,0<;\ ,0<;\ .. ~ - "~ 0\ · '" cD 0:> CO - (/) /" , ~ 0 '" ... "", - \JJ .. ::> (\1 u.i Q u :::0 - ~ ~ ~ ~ ~ - ~ 0 ~ tc) \P ~r- "It> 'i ... R ,0<;\ ,or; ~ ,09 ,~\ ~ 'is l.BO\-\S "~ oct 0 '0 ~ III Q. ~ ,~\ ,0<;\ ,0<; ~ ,09 "0 'l;t "0 W uJ 9 - - 9 \P ~ ~ tc) - ~ '. ".0 ~ '" 0 \;!! ~ N .. .-....,~ - .".. $ t- - - co ~ $ 0 ~ - W 0\ '2S 4. a 0\ Q ~ " c .".. ~ '0 0 0 0 ~ - ~ ~ 0.- J ~~ ~ 1! '0 . .~ 0 .~ t- li~ co 9 .. - ~ &~ s: - ,0<;\ o~\ ,(f;. ,O~\ ,09 133B1S "0 '0 J.HB3\-\') 'g III III ,0<; ,001 ,00\ .. e I ~ t"') .. co :::l en ....- Q~ (;:I <<:-1 ::I . z .... > :::l ! .. 1: c e ORDINANCE NO. 6926 An ordinance directing and authorizing the conveyance of Lots Seven (7) and Eight (Bl, Block Eleven (11), Lambert'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 Carl L. Adle and Marsha R. Adle of Lots Seven (7) and Eight (B), Block Eleven (lll, Lambert's Addition to the City of Grand Island, Hall County, Nebraska, is hereby authorized and directed. SECTION 2. The consideration for such conveyance shall be One Thousand Nine Hundred Dollars ($1,900.00l. 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 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 .... ' Z after the passage and publication of this ordinance, the city clerk is hereby directed 1&.1 :lE .... and instructed to prepare and publish such notice. e: 4( fu SECTION 4. Authority is hereby granted to the electors of the City of Grand Island C ~ to file a remonstrance against the conveyance of such within described real estate; 4( " 1&.1 and if a remonstrance against such conveyance signed by legal electors of the City of -' Grand Island equal in number to thirty percent of the electors of the City of Grand Island voting at the last regular municipal election held in such City be filed with the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said Carl L. Adle and Marsha R. Adle, 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 Indepen- dent, as provided by law. Enacted 5JP~Y/?J'...f ATTEST: ~~/ ..&?./ t/'J /7~~~~---~ . 9~4 Nay.. ORDINANCE NO. 6927 An ordinance to repeal Ordinance No. 6917 pertaining to the conveyance of Lot Five (5), Block One Hundred Forty- . five (145), U.P.R.R. 's 2nd Addition to the City of Grand Island; and to provide the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Ordinance No. 6917 pertaining to the conveyance of Lot Five (5), Block One Hundred Forty-five (145), U.P.R.R.'s 2nd Addition to the City of Grand Island, be, and hereby is, repealed. SECTION 2. 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, as provided by law. Enacted S'JvL.;"/9R3 or ATTEST: df?/Ll~~ -- City Clerk . APPROV~~) TO FORM JUN 28 1983 LEGAL DEPARTMENT . I ~ ~ ~ ~ o 00 ~ ~ ~ I ~ ~~ ~ 8e=z >0 ~ ~ J ~ ~ ~ ~ z UJ ~ ~ ~ LU C -J ~ o LU -J . ORDINANCE NO. 6928 An ordinance to amend Section 16-1 of the Grand Island City Code pertaining to maximum gas rates; to repeal the original Section 16-1; and to provide the effective date of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 16-1 of the Grand Island City Code be amended to read as follows: Sec. 16-1. SCHEDULE OF MAXIMUM RATES Every person operating a gas system under a fran- chise with the City of Grand Island, Nebraska, and dis- tributing gas by mains and pipes through the streets and public places of the City and selling gas within the City, shall sell such gas to customers and users thereof in the City of Grand Island, Nebraska, at prices not to exceed the following schedule of rates: (a) Base Rate I $4.50 for the first 500 cubic feet or less used per month; .395 per hundred cubic feet for the next 2,500 cubic feet used per month; .361 per hundred cubic feet for the next 37,000 cubic feet used per month; .341 per hundred cubic feet for all additional use A minimum monthly charge of $4.60 per meter will be charged. The foregoing rates are based on timely payment. An account with a delinquent balance of $5.00 or more will be subject to a late payment charge of 1% of the unpaid balance plus a collection charge of $2.00 if payment is not received in the Company's billing office prior to the next billing date (normally 30 days, except for February). (b) Gas Cost Adjustment The foregoing rates for gas supplied in the period covered by any bill shall be increased or decreased from the foregoing schedule of rates as follows: 1. If at any time or from time to time after March 16, 1971, the rate authorized to be charged the Company for any natural gas purchased by it on a firm supply basis for resale in Nebraska shall be increased or decreased (whether or not charged under bond) resulting in an average cost per MCF to the Company in excess of or less than the average cost per MCF prior to application ORDINANCE NO. 6928 (Contd) e of such increase or decrease the charge per MCF, including the amount that is included in the mini- mum bill, for gas supplied in each subsequent bill- ing period (beginning not earlier than the effect- ive date of such increase or decrease) may be increased or shall be decreased accordingly to the nearest one-tenth cent per MCF. For the pur- poses hereof, the average cost per MCF (before and after increase or decrease) of natural gas purchased shall be computed on the basis of the quantities of natural gas purchased on a firm basis for resale in Nebraska during the first twelve of the thirteen calendar months immediately preceding the effective date of such increase or decrease. 2. For the purposes hereof, the amount of any refund including interest thereof, if any, received by the Company, from its supplier after March 16, 1971, of charges paid and applicable to natural gas purchased on a firm basis in Nebraska shall be treated as a decrease in rate applicable to natural gas purchased on a firm basis, but such decrease shall be effective only for the twelve months' period beginning with the month following that in which such refund is received, and the amount of such decrease in the purchased gas cost per MCF shall be calculated under the immediately preceding paragraph 1 by crediting the total cost of natural gas purchased with the amount of such refund. 3. Any increase or decrease in rates because of gas cost adjustment hereinbefore pro- vided for shall become effective immediately upon the filing with the city clerk of the City of Grand Island of amended rates reflecting such increase or decrease. (c) Tax Adjustment To the rates herein set forth the Company shall have the right to add all or any part of any new or additional tax applicable to the service furnished here- under, which might be imposed on the Company. SECTION 2. That Section 16-1 of the Grand Island City Code as heretofore existing, be, and hereby is, repealed. SECTION 3. That this ordinance shall take effect and be in force from and after its passage, approval, and publi- cation within fifteen days in one issue of the Grand Island . Daily Independent, as provided by law. Enacted 5' ..!OLY /"1' K~ ATTEST: A7~ . :E f- a:: Z' 0 (V") ~ u.. CO ~c1 en ~ .-- a:: if) _~ r7J <( < c/ ~ C\2 0.. W 8cf z 0 > :=) ..J 0 a:: --:> <( a.. 0 a.. w <t ..J . ORDINANCE NO. 6929 An ordinance to provide for the occupancy and use of a certain portion of Stolley Park for a zoological garden; to provide for the operation of said zoological garden by the Grand Island Area Zoological Society, a Nebraska non- profit corporation; to provide for the retention of control and jurisdiction over said zoological garden by the City of Grand Island; to provide that title in all real property and appurtenances thereto vests and remains in the City; to provide for the manner of payment of all operational and maintenance expenses therefor, including insurance; and to provide the effective date of this ordinance. WHEREAS, Grand Island Area Zoological Society, Inc., hereinafter referred to as the Society, is a Nebraska non- profit corporation organized and existing for the purposes of zoological work and the operation and maintenance of zoo- logical exhibits in park property of the City of Grand Island for the education, recreation, and pleasure of children and the general public; and WHEREAS, as the result of the efforts of said Society and the donation to it by public spirited citizens and organ- izations of money, services and materials, there is being developed in Stolley Park, a city park in the City of Grand Island, a zoological garden known and described as the Grand Isle Heritage Zoo, which will be of great benefit and value to the City of Grand Island and its inhabitants; and WHEREAS, the above referred zoological garden is suffi- ciently ready to begin the operation thereof; and WHEREAS, the City and said Society desire to clarify and specifically set forth the rights, responsibilities, duties, and obligations, respectively, of the City and of the said Society with respect to the use, occupancy, and operation of a portion of Stolley Park as a zoological garden. ORDINANCE NO. 6929 (Contd) . NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Approval is hereby given for the Grand Island Area Zoological Society to occupy and use as a zoolog- ical garden the certain area in the southeast section of Stolley Park, including the fenced-in enclosure; the ground area surrounding said fenced area in all directions for a distance of five feet; and the area north of the fenced area bounded on the west by the west fence line extended,on the north by the main road of Stolley Park, on the east by the existing parking lot, and on the south by the north fence of the enclosure. Said area is more particularly shown on the attached plat which is hereby incorporated into this ord- inance. Approval is also given for said Society to occupy and use all buildings, structures, and equipment within said area used in connection with the operation and maintenance of the zoological garden and exhibits therein, as well as all new buildings and structures that may be constructed therein in the future, upon the terms and conditions herein- after provided in this ordinance. SECTION 2. The said Society shall have the right to charge an admission fee to the premises referred to in Section 1 hereof, and to operate concessions therein for the sale of refreshments, curios, and other merchandise ord- inarily available to visitors to zoological gardens and exhibits of similar character; provided, however, that all revenues derived by the Society from such sources shall be expended by it in the development, operation, and mainten- ance of said zoological gardens and exhibits. SECTION 3. The Society shall assume the responsibility and obligation to conduct, operate, and maintain said Grand Isle Heritage Zoo in a careful, efficient manner. . - 2 - ORDINANCE NO. 6929 (Contd) . SECTION 4. All donations to the Society of money, materials, or zoological exhibits shall be devoted by the Society to the development, improvement, care, maintenance, and operation of said Grand Isle Heritage Zoo, under the control and jurisdiction of the City. SECTION 5. The title to all animals, birds and reptiles acquired by the Society by purchase or donation shall remain in the Society, which shall assume full respons- ibility and liability for the care and control of all said animals. SECTION 6. The title to all other personal property acquired by the Society for the development, operation, improvement, care, maintenance, and operation of the Grand Isle Heritage Zoo shall remain in the Society. SECTION 7. The title to all buildings, structures, fences, exhibits, and all fixtures attached thereto shall vest in the City upon placement within the area designated as the Grand Isle Heritage Zoo. SECTION 8. The Society shall assume full responsibi- lity for the construction, installation, and maintenance of all buildings, structures, and exhibits, and shall pay all costs therefor. SECTION 9. The Society shall reimburse the City for the cost of water and electric service provided to the Grand Isle Heritage Zoo, including all billable expenses related to the maintenance and repair of said services. The Society shall pay all billable costs involved in the installation of said services. SECTION 10. The Society shall at all times protect and save harmless the City from and against all claims for damages on account of injury to persons or property occurr- ing within said Grand Isle Heritage Zoo and by reason, . - 3 - ORDINANCE NO. 6929 (Contd) directly or indirectly, of the maintenance therein of said zoological exhibits; it being expressly intended by this . provision to exempt and absolve the City of Grand Island from any such liability whatsoever in any way connected with the maintenance and operation of said Grand Isle Heritage Zoo and exhibits, and that the Society shall assume full and complete responsibility in the premises. For that pur- pose, the Society shall furnish and maintain at its own expense a policy or policies of insurance for the benefit of the City for the following coverages in the minimum amounts set forth below: Public Liability coverage $500,000 $500,000 $1,000,000 Automobile Liability Umbrella Liability Workmen's Compensation as required per statute. The above policy or policies shall include the City of Grand Island as an additional named insured, and the Society shall provide the City with a certificate of insurance denoting the above coverage and said policy or policies shall contain a provision giving the City thirty (30) days written notice prior to cancellation of the policy. SECTION 11. The books and records of the Society shall be open at all times to inspection by the City, or its duly authorized representative, and said Society shall file annually with the City Council reports of receipts and expenditures related to or resulting from the maintenance and operation of the Grand Isle Heritage Zoo for the pre- ceding year. . SECTION 12. The Grand Island Area Zoological Society shall, upon its written acceptance of this ordinance filed with the city clerk, agree to be bound by all the terms, provisions, and conditions hereof. - 4 - ORDINANCE NO. 6929 (Contd) SECTION 13. This ordinance shall take effect and be in force and take effect from and after its passage and pub- . lication according to law. Enacted /aufPs-T/frJ'. , L ATTEST: #~$~.( . - 5 - ~ . .... 22\' ..' WEST FENCE ..U t'lE : . . ~,f. .' ... . , . . I ", ." ~:; . . ~ . ; . " 5' ... ,,',' ;\S~~ t: O~~~ . ",'. .Up, . . . ,! ::. ! .. ? ' ~ OV'" t::J " , . ,. t ..., I. w ':;:> - a: o ( . . . -.., ,'r ! .. .. .",. . . .r- x., :.. V-f(...~f..~G., : , . . '~.~ '; .';' y,:.4 . ,,' t' , -J ... . ',. .'. .. ,'. .. ~ a: <t 0- .~ ~ ~oO.' . i, ( :! ,i '.' '. .~~~ \ .. .' .., ,": 't ,"',' '. .) 1 . ' . - 5\5' . OR\\lE c\i'< f GRAND \SLANC ENG\NEE.~ p\..AT TO ACCOMPANY Of NO. 692.9 NONE \...O.C. PARK \..EGEND~ ~ ZOO f;.REA ORDINANCE NO. 6929 .' Grand Isle ~ -HeritlKlB zo~ August 12, 1983 Mr. Richard Retallick Clerk/Finance Director City of Grand Island Grand Island, NE 68802 Re: Ordinance No. 6929 passed on August 1,1983 Dear Richard: The Grand Island Area Zoological Society, Inc. is a Nebraska non-profit organi- zation existing for the purpose of zoological work and the operation and maintenance of zoological exhibits in park property of the City of Grand Island for the education, recreation, and pleasure of children and the general public. Ordinance No. 6929, passed by the City Council, provides for the occupancy and operation of a certain portion of Stolley Park by the Grand Island Area Zoological Society. We, the Grand Island Area Zoological Society, approve that all real property and appurtenances thereto vests and remains in the City and the Zoological Society will provide for the manner of all operational and maintenance expenses therefor, including insurance and all other conditions of Ordinance 6929. Sincerely, ~iY~4 R ert L. Kriz, President , RAND ISLAND AREA ZOOLOGICAL SOCIETY, In . RLK:mc . RECEIVED 'ZOM~ 83 R6fli ~M/~/o CITY CLERK'S OFFICE P.O. BOX 1345 · GRAND ISLAND, NEBRASKA 68802 . :2 I- 0:: Z 0 m I.J.J L1.. 00 :E 0 en l- I-- ~- c:: (/)v <( Ie;{ ~ a.. ~.- I.J.J 18 ...1 0 > .. J .. ...J 0 .. "; <( 0: a.. CJ 0.. I.J.J ex: ...J . ORDINANCE NO. 6930 An ordinance to amend Article IV of Chapter 29 of the Grand Island City Code pertaining to sewer rates and charges by amending Sections 29-50, 29-50.1, 29-50.2, 29-51, and 29-59 thereof; to repeal the original sections as heretofore existing; and to provide the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 29-50 of the Grand Island City Code be amended to read as follows: Sec. 29-50. VOLUME CHARGES The charges for sewer service shall be paid either quarterly or monthly in conformance with the billing for water, and each consumer shall be billed at the rate of $0.43 per 100 cubic feet. SECTION 2. Section 29-50.1 of the Grand Island City Code be amended to read as follows: Sec. 29-50.1. SERVICE CHARGES The service charge for sewage contributions to consumers and users who are billed quarterly shall be $2.76 regardless of the volume of sewage contributed. The service charge for sewage contributions to consumers and users who are billed monthly shall be $1.13 regardless of the volume of sewage contributed. SECTION 3. Section 29-50.2 of the Grand Island City Code be amended to read as follows: Sec. 29-50.2. EXTRA STRENGTH SURCHARGE AND INDUSTRIAL FOUR PART Extra Strength Surcharge An industrial waste surcharge shall be assessed against any person discharging industrial wastes into the City's sanitary sewer system where the contributed wastewater strength exceeds normal strength wastewater and shall be billed at the following rates: BOD Charge $0.1416 per pound of BOD loading in excess of 300 mg/l Suspended Solids Charge $0.0459 per pound of SS loading in excess of 300 mg/l ORDINANCE NO. 6930 (Contd) . Customer Charge The specific costs incurred by the city associ- ated with monitoring and determining flow and strength: mg/l - milligrams per liter Industrial Four Part Charge The industrial serve four-part charges will be applied to those industrial users who certify that their sewage contributions are less than normal strength wastewater, and such customers shall be billed at the following charges: Wastewater Volume Biochemical Oxygen Demand (BOD) Suspended Solids (SS) $0.1193/Ccf* $0.1416/pound $0.0459/pound Customer Charge - The specific costs incurred by the city associated with monitoring and determining flow and strength and/or checking the users certification. *$0.0992/Ccf for wastewater contributed at the treat- ment plant. Ccf - 100 cubic feet. SECTION 4. Section 29-51 of the Grand Island City Code be amended to read as follows: Sec. 29-51. MINIMUM CHARGES The minimum charge for sewage contributions shall be the sum of applicable service charge, volume charge and/or extra strength surcharge. For customers billed on the industrial four part charge, the minimum charge shall be the sum of the volume, BOD, SS, and customer charge. The m~n~mum charge for sewage contributions to consumers and users who are not required to meter their water supply shall be $12.83 per quarter, and such consumers or users shall be billed quarterly only. SECTION 5. Section 29-59 of the Grand Island City Code be amended to read as follows: Sec. 29-59. CHARGES FOR RECEIPT OF SEPTIC TANK SLUDGE . Septic tank sludge may be deposited at the City's water pollution control plant in a location designated by the superintendent of the said plant or his represent- ative after payment of a fee in accordance with the following schedule for ordinary septage, having strength up to 6,000 MB/L BOD, and 20,000 MG/L SS: $2.15 per 100 gallons or fraction thereof of tank capacity, minimum fee $4.25, for septage having strength of more than 6,000 MB/L BOD, and 20,000 MB/L SS shall be calculated by applying the industrial four-part rate specified in Section 29-50.2. ORDINANCE NO. 6930 (Contd) . Waste from a recreational vehicle may be deposited at the City's water pollution control plant in a location designated by the superintendent of said plant or his representative. Fees for such discharge of recreational waste shall be on a voluntary basis. SECTION 6. The original Sections 29-50, 29-50.1, 29-50.2, 29-51, and 29-59, as heretofore existing, be, and hereby are, repealed. SECTION 7. All ordinances or parts of ordinances or provisions in the Grand Island City Code in conflict here- with, be, and hereby are, repealed. SECTION 8. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Indepen- dent as provided by law. Enac ted Ie JOLY 83 . Mayor ATTEST: ~tL~ .'. 'C.Cl k ~ty er . ORDINANCE NO. 6931 An Ordinance specifying the amount to be raised by taxation for all municipal purposes, for bond service, for police and fire pensions, and . employee benefits; levying taxes in the City of Grand Island, Nebraska, for the fiscal year commencing on the first day of August 1983, and ending on the 31st day of July 1984, and providing for the certification and collection "thereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF TEE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. GENERAL LEVY. The amount to be raised by taxation for all general municipal purposes for the fiscal year commencing on the first day of August 1983, in lieu of the municipal levies authorized by the several statutes, is $2,372,878 for the following stated purposes: .E!lli12 PROPERTY TAX 122 Health Department $ 84,237 124 Building Inspection 20,000 ll~3 Fire Department 912,868 144 Ambulance 67,073 146 Communications 105,080 127 Street and Alley 277,948 209 Health Insurance 250,000 141 Cemetery 72,134 145 Library 250,887 150 Park Operations 289,968 151 Recreation Programs 3,530 152 Swimming Areas 39,153 TOTAL GENERAL LEVY $2,372,878 SECTION 2. ADDITIONAL LEVY. The amount to be raised by taxation as additional levies as authorized by the several statutes is $898,517 for the fOllowing stated purposes: . FUND PROPERTY TAX - 202 Fire Pension $ 26,517 205 police Pension 46,000 206 Fire Retirement 250,000 ORDTIifANCE NO. 6931 Page 2. . .EQlill PROPERTY TAX 203 Social Security $160,000 204 General Pension 60,000 201 Various Purpose Bond 140,000 210 Storm Sewer Bond 179,000 211 Library Bond 37,000 TOTAL ADDED IEVY $898,517 SECTION 3. PARKJNG IEVY. The amount to be raised by taxation for public parking is $50,000 to be levied within Vehicular Parking District Number One created by Ordinance No. 5833 of the City as provided by law. SECTION 4. Such amormts 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. SECTION 5. The City Clerk of the City of Grand Island, Nebraska, is hereby instructed and directed to certify to the Cormty Clerk of Hall County, Nebraska, the amormt 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. SECTION 6. This Ordinance shall be in force and take effect from and after its passage, approval, and publication as provided by law. Enacted I~Ju4tY B~ ATTEST: bP~-/~ City Clerk . ORDrnANCE NO. 6932 . Being the annual appropriation ordinance of the City of Grand Island, Nebraska, allocating to the departments of such city the amount to be raised for 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 the first day of August 1983 and ending on the 31st day of July 1984; to provide severability; and to provide the effective date. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. GENERAL FUND The amount of $1,149,246 in miscellaneous income, together with the unexpended balance of $43,726, is hereby appropriated for the ensuing fiscal year to defray all necessary expenses and liability of City departments supported by the general fund. The object and purpose of the appropriation shall be to pay salaries of officers and employees, to pay compensation for independent contractors, to pay for supplies, materials, equipment, capital items, real estate, personal property, maintenance, repairs, improvements, insurance, and judgments, and to pay for any and all other necessary expenses and liability for the following departments and operations of the general fund: ~ APPROPRIATION 101 Mayor's Office $ 82,500 103 Clerk - Finance 102,200 105 City Attorney 105,200 106 Planning 60,000 107 City Hall Maintenance 71,200 109 General Incident 455,772 111 Engineering 316,100 TOTAL GENERAL FUND $1,192,972 . SECTION 2. PUBLIC HEALTH AND SAFETY FUNDS The amount of $1,169,258 to be raised by taxation, together with the unexpended balance of $134,727, and total miscellaneous income of $1,385,618 is hereby appropriated for the ensuing fiscal year to defray all necessary expenses and liability of city departments and operations in the functional ORDINANCE NO. 6932 Page 2. . category of public health and safety. The object and purpose of the appropriation shall be to pay salaries of officers and employees, to pay compensation for independent contractors, to pay for supplies, materials, equipment, capital items, real estate, personal property, maintenance, repairs, improvements, insurance, and judgments, and to pay for any and all other necessary expenses and liability for the following departments and operations categorized as public health and safety: ~ APPROPRIATION 122 Health Department $ 84,237 143 Fire Department 962,740 144 Ambulance 215,185 ll~ Communications 111,500 160 police Department 1,315,941 TOTAL HEALTH and SAFETY $2,689,603 SECTION 3. PUBLIC WORKS FUNDS The amount of $297,948 to be raised by taxation, together with the unexpended balance of $811,066 and $2,003,301 in miscellaneous income is hereby appropriated for the ensuing fiscal year to defray all necessary expenses and liability of city departments and operations in the functional category of public works. The object and purpose of the appropriation shall be to pay salaries of officers and employees, to pay compensation to independent contractors, to pay for supplies, materials, equipment, capital items, real estate, personal property, maintenance, repairs, improvements, insurance and judgments, and to pay for any and all other necessary expenses and liability for the following departments and operations categorized as public works: . ~ APPROPRIATION 124 Building Inspection $114,659 125 Street Construction 806,200 127 street and Alley 1,517,156 128 Landfill 674,300 TOTAL PUBLIC WORKS $3,112,315 . ORDINANCE NO. 6932 SECTION 4. PARKING FUNDS The amoun-t; of $50,000 to be raised by taxation, together with the unexpended balance of $128,973, and $56,027 in miscellaneous income is hereby appropriated for the ensuing fiscal year to defray all necessary liabili ty and expenses in the functional category of public parking. The object and purpose of the appropriation shall be to pay salaries of officers and employees, to pay compensation for independent contractors, to pay for supplies, materials, equipment, capital items, real estate, personal property, maintenance, repairs, improvements, insurance and judgments, to pay debt service, and to pay for any and all other necessary expenses and liability of the departments and operations categorized as public parking. The specified ad valorem tax will be applied only to Vehicular Off-Street Parking District created by Ordinance No. 5833. Page 3. ~ APPROPRIATION 307 parking Operations ~~ 40,000 308 Parking Improvement 100,000 309 Parking Reserve 95,000 TOTAL PARKING FUNDS $235,000 SECTION 5. POLICE AND FIRE PENSION FUNDS The amount of $322,517 to be raised by taxation, together with the unexpended balance of $3,381,531 and miscellaneous income of $409,469 is hereby appropriated for the ensuing fiscal year to defray all necessary expenses and liability of the police and fire pension funds. The purpose and object of the appropriation is to pay salaries of pension personnel, to pay refunds, to account for invested reserves, and to pay any and all other necessary expenses and liability of the following pension funds: . ~ APPROPRIATION 202 Fire Pension $ 26,517 205 Police Pension 1,325,000 206 Fire Retirement 2,762,000 TOTAL PENSION FUND $4,113,517 SECTION 6. EMPLOYEE BENEFIT FUNDS The amount of $470,000 to be raised by taxation, together with the unexpended balance of $145,852, and $1,384,148 of Miscellaneous income is hereby appropriated for the ensuing fiscal year to defray necessary expenses ORDINANCE NO. 6932 Page 4. and liability of several employee benefit funds. The purpose and object of the appropriation is to pay Social Security to the Federal Government, to pay employment security to the State Government, to make payments for general . employee pensions, health insurance and life insurance, to account for payroll deductions, department transfers, investment reserves, and to pay any and all other necessary expenses and liability of the following employee benefit funds: FUND APPROPRIATION - 203 Social Security $850,000 204 General Pension 420,000 209 Health Insurance 600,000 214 Employment Security 130,000 TOTAL EMPLOYEE BENEFIT $2,000,000 SECTION 7. PARKS AND RECREATION FUNDS The amount of $655,672 to be raised by taxation, together with the unexpended balance of $142,945 and miscellaneous income of $726,048 is hereby appropriated for the ensuing fiscal year to defray all necessary expenses and liability of city departments and operations in the functional category of parks and recreation. The purpose and object of the appropriation is to pay salaries of officers and employees, to pay compensation for independent contractors, to pay for supplies, materials, equipment, capital items, real estate, personal property, maintenance, repair, improvements, insurance and judgments, and to pay for any and all other necessary expenses and liability for the following departments and operations categorized as parks and recreation: .E!lli!2 APPROPRIATION 141 Cemetery $166,550 145 Library $308, :$8 147 Golf Course 315,584 150 park Operations 366,950 e 151 Recreation Programs 67,300 152 Swimming Areas 118,420 153 Park Improvement 12, 463 154 Heritage Zoo 169,000 TOTAL PARKS AND RECREATION $1,524,665 ORDINANCE NO. 6932 page 5. . SECTION 8. SANITARY SEWER FUNDS The amount of $795,887 in unexpended balance, and miscellaneous income of $2,269,101 is hereby appropriated for the ensuing fiscal year to defray necessary expenses and liability of operations in the functional category of sanitary sewer revenue and construction. The purpose and object of the appropriation is to pay compensation of independent contractors, to pay for materials, supplies, equipment, repairs, maintenance, improvements and capital items, to service bonded indebtedness, to account for transfers and invested reserves, and to pay any and all other necessary expenses and liability of the following sanitary sewer revenue and construction funds: .EQ.!ill APPROPRIATION 310 Sewer Revenue $1,110,000 311 Sewer Bond 176,043 312 Sewer Reserve 180,000 313 Sewer Bond Admin. 10,690 314 Sewer Surplus 200,000 325 Sewer Operation 853,255 330 District construction 250,000 335 Plant Improvement 150,000 340 Sewer Construction 135,000 TOTAL SANITARY SEWER $3,064,988 '. SECTION 9. SERVICE FUNDS The amount of $37,517 in unexpended balance together with $2,808,336 in miscellaneous income is hereby appropriated for the ensuing fiscal year to defray necessary expenses and liability of departments and operations in the functional category of miscellaneous service funds. The purpose and object of the appropriation is to pay salaries of officers and employees, to pay compensation of independent contractors, to pay for supplies, material, equipment, capital items, real estate, personal property, maintenance, repair, improvement and judgments, to pay general insurance Obligations, to account for special category restricted funds, and to pay any and all other necessary expenses and liability of the following departments and operations categorized as service funds: ORDmANCE NO. 6932 Page 6. ~ APPROPRIATION 207 Savings Bonds $ 15,000 212 General Insurance 200,000 . 213 Local Assistance NONE 306 City Shop Garage 520,853 601 Paving Districts $2,110,000 TOTAL SERVICE FUNDS $2,845,853 SECTION 10. SPECIAL AID PROGRAMS The amount of $26,441 in unexpended balance together with $1,276,900 miscellaneous income is hereby appropriated for the ensuing fiscal year for departments and operations in the category of special State and Federal Aid programs. In addition, there is hereby appropriated all money received during the ensuing fiscal year from Hall County, Nebraska, the state of Nebraska, the united States Government, and any grants or donations received for public purposes. Funds 216 and 218 are established to receive, account, and expend such monies in accordance with applicable regulations and as directed by City Council. The purpose and object of the appropriation is to pay salaries of officers and employees, pay for supplies, materials, equipment, capital items, real estate, personal property, transfers, insurance and judgments, to pay compensation of independent contractors, and to pay any and all necessary expenses and liability of the following departments and operations categorized as special aid programs: ~ 216 State Assistance 218 Federal Assistance 270 Revenue Sharing 301 Community Development APPROPRIATION None None TOTAL SPECIAL AID PROGRAM SECTION 11. TRUST FUNDS The amount of $378,771 in unexpended balance together with $8,000 in $404,741 898,600 $1,303,341 . miscellaneous income is hereby appropriated for the ensuing fiscal year to defray necessary expenses and liability of the several trust funds of the city. The purpose and object of the appropriation is to account for invested reserves, and to pay any and all other necessary expenses and liabilities of the following trust funds: ORDINANCE NO. 6932 Page 7. FUND - APPROPRIATION . TOTAL TRUST FUNDS $ 10,000 376,771 $386,771 219 E. M. Abbott Fund 305 Cemetery Care Fund SECTION 12. GENERAL OBLIGATION BOND FUNDS The amount of $356,000 to be raised by taxation, together with the unexpended balance of $491,018, and $617,982 in miscellaneous income is hereby appropriated for the ensuing fiscal year to defray necessary expenses and liability for operations in the category of general obligation bonds. The purpose and object of the appropriation is to pay principal and interest on bonded debt, to account for invested reserves, and to pay any and all other necessary expenses and liability of the following general obligation bond funds: FOND - APPROPRIATION 201 Various Purpose Bond $1,000,000 210 storm Sewer Bond 375,000 211 Library Bond 90,000 TOTAL GENERAL OBLIGATION BOND $1,465,000 SECTION 13. UTILITY FUNDS The amount of $9,757,000 in unexpended balance together with $21,643,000 in miscellaneous income is hereby appropriated for the ensuing fiscal year to defray necessary expenses and liability of the electric and water utility departments. The purpose and object of the appropriation is to pay salaries of officers and employees, to pay for supplies, materials, equipment, capital items, real estate, personal property, insurance and judgments, and to pay any and all other necessary expenses and liability of the following electric and water Utility Funds: .Em'.ill. APPROPRIATION Electric Operation $30,000,000 1,400,000 water Operation . TOTAL UTILITY FUNDS $31,400,000 ORDINANCE NO. 6932 Page 8. SECTION 14. 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 15. This Ordinanc~ shall be in force and take effect from and after, its passage, approval, and publication as provided by law. Enacted /11 "/,1,." '1 ATI'EST: ~tIJ6~,~-, City Clerk . . ORDINANCE NO. 6933 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; fixing the hours of work time certain officers and employees shall work each week; providing for quarterly payments of clothing allowances to uniformed services; repealing Ordinances Nos. 6615, 6617, 6635, 6650, 6651, 6655, 6667, 6703, 6720, 6740, 6752, and 6825, 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 which certain such officers and employees shall work each week are as follows: 1983-1984 SALARY SCHEDULES PAYGRADES AND RANGE RATES CLASS HOURS PAY GRADE RANGE General Schedule . Acco.untant I Acct. Clerk I Acct. Clerk II Acct. Clerk III Administrative Assistant I Administrative Assistant II Administrator I Asst. Cemetery Supt Assistant City Attorney Assistant Golf Course Supt Asst Underground & Subst Supt Asst Power Plant Supt-Operations Asst Power Plant Supt- Maintenance Asst Water Superintendent Attorney I Building Inspector I Business Manager Cashier I Cashier II Cemetery Supt Chief Building Official Chief Power Dispatcher Cert Senior Engineer Tech City Administrator City Attorney Clerk II Clerk III Clerk Steno I Clerk Steno II Clerk Steno III 17 1252-1744 40 5 722-943 40 9 861-1195 40 13 1037-1447 40 21 1516-2109 Unlimited 24 1744-2438 Unlimited 10 905-1252 40 15 1138-1588 Unlimi ted 25 1832-2561 Unlimited 15 1138-1588 Unlimited 22 1588-2214 Unlimited 24 1744-2438 Unlimited 24 1744-2438 Unlimited 19 1377-1919 Unlimited 21 1516-2109 Unlimited 17 1252-1744 40 20 1447-2012 Unlimited 5 722-943 40 7 785-1084 40 1442-2111 Unlimited 23 1667-2323 Unlimi ted 20 1447-2012 Unlimited 20 1447-2012 Unlimited 2575-4120 Unlimited 2317-3450 Unlimited 5 722-943 40 7 785-1084 40 6 ~ ..... 753-987 40 0:: Z 8 0 ~ LlJ 823-1138 40 10 u. co ~ 905-1252 40 ~ S!1 .... 0:: ~ < ~ Q. LlJ -' Q ::> ..J "I < C) l.IJ ..J - I I . Clerk Finance Director Clerk Typist II Clerk Typist III Community Dvlp Coordinator Community Dvlp Director Community Dvlp Tech Custodian I Custodian II Deputy Clerk-Finance Director Deputy Fire Chief Deputy Police Chief Director of Utility Operations Distribution Supt-Electric Electrical Engineer II Electrical Engineer III PE Electrical Inspector Engineer Aide I Engineer Aide II Engineer Aide III Engineer Aide IV Engineer Assistant I Engineer Assistant II Engineer Assistant III Engineer I Engineer II Engineer III Engineer III PE Equipment Mechanic I Equipment Mechanic II Equipment Operator I Executive Secretary Fire Chief Fire Marshall Fire Training Officer Foreman I Foreman II Golf Course Superintendent Housing Inspector I Lab Technician I Lab Technician II Lab Technologist Landfill Attendant Legal Steno I Legal Steno II Line Foreman Maintenance Man I Maintenance Man II Maintenance Man III Maintenance Mechanic I Maintenance Mechanic II Mechanics Helper Meter Reader Supervisor Meter Superintendent Operations Manager - Data Processing Paramedic Supervisor Park Maintenance Man Parks/Recreation Director Parking Attendant Park Superintendent Plant Operator I-WPCP Plant Operator II-WPCP Plant Operator Chief III-WPCP Plant Superintendent-WPCP Plant Superintendent-Power Plumbing Inspector Police Captain Police Chief Power Plant Prod. Supt. . )1 i;. ORDINANCE NO. 6933 (Contdl 5 7 21 17 6 8 23 24 24 26 24 29 17 11 13 15 17 16 19 21 23 25 27 29 14 16 11 13 23 23 15 18 15 11 16 22 8 7 10 24 10 12 14 14 18 9 15 22 21 22 10 6 23 10 12 18 23 25 17 20S 27 2317-3450 722-943 785-1084 1516-2109 2163-3090 1252-1744 753-987 823-1138 1667-2323 1744-2438 1744-2438. 2523-4068 1919-2686 1744-2438 2214-3102 1252-1744 943-1314 1037-1447 1138-1588 1252-1744 1195-1667 1377-1919 1516-2109 1667-2323 1832-2561 2012-2819 2214-3102 1084-1516 1195-1667 943-1314 1037-1447 2163-3090 1667-2323 1667-2323 1138-1588 1314-1832 1442-2111 1138-1588 943-1314 1195-1667 1588-2214 823-1138 785-1084 905-1252 1744-2438 905-1252 987-1377 1084-1516 1084-1516 1314-1832 861-1195 1138-1588 1588-2214 1516-2109 1588-2214 905-1252 2163-3090 753-987 1667-2323 905-1252 987-1377 1314-1832 1667-2323 1832-2561 1252-1744 1741-2341 2163-3090 2012-2819 Unlimited 40 40 Unlimited Unlimited 40 40 40 Unlimited Unlimited Unlimited Unlimi ted Unlimi ted Unlimited Unlimited 40 40 40 40 40 40 40 Unlimited Unlimited Unlimited Unlimited Unlimited 40 40 40 40 Unlimited Unlimited Unlimi ted 40 40 Unlimi ted 40 40 40 Unlimi ted 40 40 40 Unlimited 40 40 40 40 40 40 40 Unlimited Unlimited Unlimi ted 40 Unlimited 40 Unlimited 40 40 40 Unlimited Unlimited 40 Unlimited Unlimited Unlimi ted - 2 - I I ! I I I . l! i '~~'''''';',',..,~',,,,-;.-_ '. ....,:..~>'l""'.",.;..~" ",.._,',.,)',.. '.....-",:>. ~,...;,-:.,.".,< '".~,>-- '''0. " ,;'-"-.::'~,...,-..-;...- "'<':"'~"_'-';"__'" ,'.c,~,,;.,,<.~~ ., ." .;:;:;.'''''-'A''':><-:i',''U>:;i'',':,.~.:::.~._\.\: , ," >.-";>'o-y",,h _ _". ;,':..__""""'-_ .h,_, ",,'...~;....'~ _."" ~ ~ .,,'_~.' ..~" ..__,~___. . . Public Works Director Recreation Superintendent Street Superintendent Stores Supervisor Underground & Subst Supt Utilities Engineer Asst II Utilities Engineer III Utilities 'Engineer-Mechanical Utility Worker I/Laborer Utility Worker II Water Superintendent Firefighter Firefighter EMT-I Firefighter EMT-P Fire Lieutenant Fire Captain Utility Worker I Utility Worker II Maintenance Man I Maintenance Man II Maintenance Man III Equipment Operator I Equipment Operator II Landfill Attendant Equipment Mechanic I Mechanics Helper Police Detective Police Officer Police Sergeant Police Lieutenant Administrator II Console Operator Custodian Data Processing Programmer I Data Processing Programmer II Engineer Aid~ II Engineer Aide III Instrument Technician Laborer, Temporary Line Crew Chief Lineman First Class Lineman Second Class Lineman Apprentice Maintenance Man II-Line Maintenance Man II-Water ORDINANCE NO. 6933 (Contdl 17 23 17 25 19 27 30 8 10 22 IAFF BARGAINING UNIT AFSCME BARGAINING UNIT IBPO BARGAINING UNIT IBEW BARGAINING UNIT - 3 - 2132-3453 1252-1744 1667-2323 1252-1744 1832-2561 1377-1919 2012-2819 2323-3258 823-1138 905-1252 1588-2214 Unlimi ted Unlimi ted Unlimited 40 Unlimited 40 Unlimited Unlimited 40 40 Unlimited 1095-1604 1150-1684 1447-2015 1532-1837 1747-2018 56 56 56 56 56 861-1139 943-1252 943-1252 1037-1376 1139-1519 987-1314 1085-1447 861-1139 1139-1519 987-1314 40 40 40 40 40 40 40 40 40 40 1234-1650 1175-16Q5 1360-1819 1500-1910 40 40 40 40 1276-1661 1002-1304 937-1221 1221-1590 1456-1896 1024-1333 1276-1661 1626-2117 607-953 1699-2212 1556-2026 1333-1736 1118-1456 1070-1393 1070-1393 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 ORDINANCE NO. 6933 (Contd) . Maintenance Man III-Line Maintenance Man III-Water Maintenance Man III-Power Plant Maintenance Man IV-Power Plant Maintenance Operator Materials Handler Materials Handler Foreman Meter Reader I Meter Reader II Power Dispatcher I Power Dispatcher II Power Plant Electrician Power Plant Auxiliary Operator Power Plant Console Operator I Power Plant Console Operator II Power Plant Lead Operator Power Plant Operator I Power Plant Operator II Stores/Buyer Tree Trim Foreman Utility Technician I Utility Technician II Utility Worker II Wireman I Wireman II Wireman III 1221-1590 1221-1590 1333-1736 1590-2070 1333-1736 1393-1814 1556-2026 980-1298 1118-1456 1333-1736 1393-1814 1590-2070 1276-1661 1393-1814 1590-2070 1699-2212 1333-1736 1590-2070 1276-1661 1363-1797 1333-1736 1661-2163 980-1276 1118-1456 1333-1736 1556-2026 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 SECTION 2. All full-time firefighters, police officers and ambulance attendants shall be paid a clothing and uniform allowance which shall be paid quarterly, in addition to the regular salary to which such employees are entitled. The range of this allowance is $20- $45 per month. If any such firefighter, 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. SECTION 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, sub- section, sentence, clause, or phrase thereof. SECTION 4. Ordinances Nos. 6615, 6617, 6635, 6650, 6651, 6655, 6667, 6703, 6720, 6740, 6752, 6825, and all other ordinances and parts of ordinances in conflict herewith, be, and the same are, hereby repealed. SECTION 5. The salary ranges set forth in this ordinance shall be effective for the pay of City employees as of July 25, 1983. SECTION 6. 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 /BJyc..y a~ . ATIEST, ~ ~ l.ty er 9 .. cr .~.- ~~aYor_ t:. - 4 - i ORDINANCE NO. 6934 An Ordinance to Amend Sections 6, 7, 8, and 9 of Ordinance No. 6823, the Annual Appropriations Ordinance, to provide 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 6 of Ordinance No. 6823 is hereby amended to delete the original lines pertaining to these funds and insert the following: Eill;ill APPROPRIATION $600,000 209 Employee Insurance SECTION 2. That Section 7 of Ordinance No. 6823 is hereby amended to delete the original lines pertaining to these funds and insert the fOllowing: Eill;ill 145 Library APPROPRIATION $305,689 SECTION 3. That Section 9 of Ordinance No. 6823 is hereby amended to delete the original lines pertaining to these funds and insert the following: ~ APPROPRIATION 207 Savings Bonds $ 15,000 601 Paving District 2,200,000 SECTION 4. That Section 8 of Ordinance No. 6823 is hereby amended to delete the original lines pertaining to these funds and insert the following: Eill;ill 314 Sewer Surplus APPROPRIATION $ 65,000 118,000 330 District Construction 335 Plant Improvement 100,000 SECTION 5. If any section, subsection, or any other portiqn 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, approval and publication as required by law. Enacted ~JQ'Y'~ Mayor A~~ City Clerk . ORDINANCE NO. 6935 An ordinance assessing and levying a special tax to pay the cost of construction of Sanitary Sewer District No. 455 of the City of Grand Island, Nebraska; providing for the collection of such special tax; and 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 sanitary sewer in Sanitary Sewer District No. 455, 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 LOT ADDITION AMOUNT $2035.32 1730.02 1730.02 1730.02 1709.66 1709.66 1709.66 1709.66 1709.66 1716.40 2035.32 1730.02 1730.02 1730.02 1709.66 1709.66 1709.66 1709.66 1709.66 1716.39 Richard L. and Shirley S. Grudzinski Albin J. Zelasney, Jr. Jeffrey S. and Lisa A. Dale John Henry & Laura Jean Worsham Frank D. and Diane E. Smutney Norris A. and Naomi E. Lauer" Donald L. and Trina L. Bannister Lutannies and Emmy R. Hogerson Rodney S. and Jacquelin S. Chitty Gilbert Lee and Carol Elaine Hendrix Glen W. and Gloria E. Schievelbein Forrest L. and Twyla States William R. and Deborah L. Sorensen Gary G. and Vickie L. Martin Mark A. and Mary Ann Nightser Donald R. and Beverly J. Mason David H. and Paula J. Sevier DeWayne L. and Jeanne E. Saathoff Reed-Roth Equities Troy L. and Mary Lou Lyon 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Villa Mar Dee Villa Mar Dee Villa Mar Dee Villa Mar Dee Villa Mar Dee Villa Mar Dee Villa Mar Dee Villa Mar Dee Villa Mar Dee Villa Mar Dee Villa Mar Dee Villa Mar Dee Villa Mar Dee Villa Mar Dee Villa Mar Dee Villa Mar Dee Villa Mar Dee Villa Mar Dee Villa Mar Dee Villa Mar Dee ,~ I ~ co ;g , ~ ..'~/. ~ ;~ . t- Z UJ :!: t- o:: ~ I.LJ C -1 ~ UJ ..J 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 nine percent per annum shall be paid thereon until the same is collected and paid. SECTION 3. The Clerk-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. 1 f . . ORDINANCE NO. 6935 (Contd) 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. 455. 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. Enacted /a.ulvs~e3 ATTEST' ~ ~ - lty er APPROVE!? AS TO FORM JUl 25 1983 LEGAL DEPARTMENT 1 t ORDINANCE NO. 6936 An ordinance to repeal Ordinance No. 6926 which author- ized the conveyance of certain city property to Carl and . Marsha Adle; and to provide the effective date of this ord- inance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA; SECTION 1. That Ordinance No. 6926 which was enacted July 5, 1983, to authorize the conveyance of Lots Seven (7) and Eight (8), Block Eleven (11), Lambert's Addition to the City of Grand Island, Hall County, Nebraska, to Carl L. and Marsha R. Adle, is hereby repealed and said property shall not be conveyed as set forth in said ordinance. 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 Independ- ent, as provided by law. Enacted /~df./- /?I.3. a~ obert L. Kri , Mayor ATTEST: t1'~ City C erk ...... . I v APPROVE/~ TO FORM ~j ~~. J.. . ",;>'~~~'i~~~ JUL 25 1983 LEGAL DEPARTMENT "",'I;' ,.; ". l~ ~ . "'" ..,..J.,..~,,,. ,.... ORDINANCE NO. 6937 An ordinance to amend the provisions of Chapter 20 of . the Grand Island City Code pertaining to speed limits by adding a new Section 20-86.23 to establish a speed limit for a portion of St. Paul Road; to repeal conflicting ordin- ances and code sections; to provide a penalty; and to pro- vide the effective date of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Chapter 20 of the Grand Island City Code is amended by the addition of new Section 20-86.23, to read as follows: Sec. 20-86.33. SPEED LIMITS - ST. PAUL ROAD It shall be unlawful for any person to operate a motor vehicle on that part of St. Paul Road between Eleventh Street and Capital Avenue at a speed greater than thirty-five miles per hour. SECTION 2. That all ordinances, code sections, or portions thereof in conflict herewith, are hereby repealed. SECTION 3. Any person violating the provisions of this ordinance shall be punished in accordance with the general penalty provisions set forth in Section 1-7 of the Grand Island City Code. 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 Independ- ent, as provided by law. Enacted /CUJ~?"3 . . , Mayor . 7~~ ~ty C erk APPROVED AS TO FORM !~'{~ )( JUL 26 1983 LEGAL DEPARTMENT v. ORDINANCE NO. 6938 An ordinance to amend Section 12-51 of the Grand Island City Code pertaining to electric service account deposits; . to repeal the original Section 12-51 as it heretofore existed; and to provide the effective date of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 12-51 of the Grand Island City Code be amended to read as follows: Sec. 12-51. DEPOSIT REQUIREMENTS (a) Except as provided below, all electric service accounts established under the commercial rate structure shall be required to maintain a deposit in an amount to be determined by the Utilities Department as set forth in this section. (b) (1) Deposits for accounts in existence before Septem- ber 1, 1983, shall be maintained in the amount established under the ordinances in effect at the time of the initial deposit, unless said deposit has been distributed under the provisions of this section. (2) Deposits for any account created on or after September 1, 1983, and deposits for all accounts for which service has been reinstated after being disconnected for nonpayment shall be maintained in an amount of not less than Two Hundred Dollars ($200), nor more than Two Thousand Dollars ($2,000), as determined by the Utilities Depart- ment. The exact amount of the deposit required should be equal to approximately two times the estimated billing for the highest usage month of the calendar year. (c) From and after September 1, 1983, all deposits required herein shall accrue interest at the rate of six percent (6%) per annum, which shall be payable to the customer only at the time the deposit is refundable as provided in subsection (d) below. (d) The deposit required herein shall be refunded to the customer as follows: . (1) When the electric service has been disconnected, whether at the request of the customer or for non- payment of the customer's electric bill, or a new account has been created for said service-With a different customer, and a final reading has been taken, any deposit on hand plus the accrued interest thereon, and minus the amount of any unpaid billing statement and other charges, shall be refunded to the customer; or APPROVED AS TO FORM (, .... n \;J~/L,- _ (! JUL261983 LEGAL DEPARTMENT - ORDINANCE NO. 6938 (Contd) . (2) After at least two years of continuous service to the customer, if the monthly payments for the account have been made promptly, with no more than two delinquent payments during the twenty-four (24) month period immediately preceding the request, the customer may request the Utilities Department in writing to refund the deposit. Upon receipt of the request, and if the above condit- ions of prompt payment have been met, the Utilit- ies Department shall refund any deposit on hand, plus the accrued interest to the customer. For the purposes of this subsection, a payment shall be deemed delinquent if made more than fifteen (15) days after the date set forth on the monthly billing statement. SECTION 2. That Section 12-51 of the Grand Island City Code as it heretofore existed is hereby repealed. SECTION 3. That this ordinance shall take effect from and after its passage and publication according to law and on September 1, 1983. Enacted /~8j. . Kriz, Mayor ATTEST: ~~ City C erk . - 2 - ORDINANCE NO. 6939 An ordinance to amend certain sections of Chapter 12 of the Grand Island City Code pertaining to electricity, . electric rates, and the territory served by the City's energy generating plants; to amend Sections 12-60.1.2, 12-74, 12-77, 12-79.1, and 12-100 of the Grand Island City Code; to repeal conflicting ordinances; to provide for sever- ability and savings; to provide for publication; and to pro- vide for the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Sections 12-60.1.2, 12-74, 12-77, 12-79.1, and 12-100 of the Grand Island City Code be amended to read as follows: Sec. 12-60.1.2. APPLICABILITY This schedule is applicable in the territory served by the City of Grand Island and is available at single phase through a single meter for farm or rural residential elec- tric service for all the domestic purposes in single family private dwellings where electricity is the primary source of energy for space heating, cooking, water heating, and air conditioning. Individual single phase motors not to exceed ten horsepower each may be connected. This rate is not available for commercial uses. Sec. 12-74. APPLICABILITY This schedule is applicable in the territory served by the City of Grand Island and is available through a single meter for single phase, secondary voltage, rural residential or farm service, and is not available for commer- cial uses. Individual single phase motors, not to exceed 10 HP may be connected. Sec. 12-77. APPLICABILITY . This schedule is applicable in the territory served by the City of Grand Island for pump irrigation service dur- ing the irrigation season from April 1 to October 31'each year, and is available for irrigation service from existing lines to motor installations of 10 HP or more. It is not available for commercial purposes or for resale. ,--- APPROVED AS TO FORM /'~. ~~~ AUG 8 1983 LEGAL DEPARTMENT ~.. --~"~ ORDINANCE NO. 6939 (Contd) Sec. 12-79.1. APPLICABILITY . This schedule is applicable in the territory served by the City of Grand Island and is available for rural ser- vice at the option of the City in those areas where three- phase primary circuits exist. It is also available for all farm purposes other than lighting. Sec. 12-100. FUEL COST ADJUSTMENT The rates set out in this chapter are predicated upon a base fuel cost of 23.76 mills per kilowatt hour. When the City's cost of energy per kilowatt-hour shall tempor- arily be greater or less than 23.76 mills per kilowatt hour, there shall be added to or subtracted from the consumer's monthly charge for electricity used an amount equal to the number of kilowatt-hours used during the month to which the consumer's charge applies, multiplied by the amount by which the cost of energy for kilowatt-hour shall be greater or less than 23.76 mills per kilowatt hour. Cost of energy per kilowatt-hour as determined for any month shall be applicable to all charges rendered to con- sumers after the last day of the following month, without any city council action. The cost of energy per kilowatt-hour applied to the consumer's monthly charge shall be an average of the pre- vious six months cost of energy per kilowatt-hour. If a permanent increase or decrease in the contract cost of energy to the city occurs, beginning with the month that the cost increase or decrease becomes effective, the six month average of the cost of energy per kilowatt-hour shall be recalculated, using the new increased or decreased cost of energy to compute the affected components of the cost of energy for the previous six months. This revised six month average of the cost of energy per kilowatt-hour shall then be applied to the consumer's monthly charge for electricity used without any city council action. For purposes of this section, the following words shall have the following meanings: . 1. "Cost of Energy" shall mean the fuel cost for the generating plants owned by the city consisting of the month- ly natural gas cost and the cost of any fuel oil consumed, the cost of coal consumed including freight and handling charges, plus costs of payments by the -city for power and energy purchased from other power suppliers, less fuel costs charged for energy sold to other electric utilities. 2. "Cost of Energy per Kilowatt-hour" shall mean "Cost of Energy" as above defined, divided by 95 percent of the total kilowatt-hours, consisting of the kilowatt-hour output of the city's electric generating plants, plus the kilowatt-hours purchased from other power suppliers, less the kilowatt-hours of energy sold to other electric utilities. - 2 - ORDINANCE NO. 6939 (Contd) SECTION 2. That the original Sections 12-60.1.2, 12-74, 12-77, 12-79.1, and 12-100 of the Grand Island City . Code as heretofore existing, and any other ordinance or ord- inances in conflict herewith, be, and hereby are, repealed. SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be unconstitutional or invalid, such holding shall not affect the validity of the remaining portions of this ord- inance, and upon any such declaration of invalidity, the original section, subsection, sentence, clause, or phrase, as heretofore existing, shall thereupon be automatically re-enacted and reinstated to have the same force and effect as if it had never been amended. SECTION 4. 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, as provided by law, and on September 1, 1983. Enacted /S-~v1v>f- ~.3 . ATTEST:~ ~~~ City Clerk . - 3 - . . ORDINANCE NO. 6940 An ordinance rezoning a certain area within the City of Grand Island and within its zoning jurisdiction; changing the classification of such tract from RD-Residential Development Zone to RO-Residential-Office Zone classification; 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 August 3, 1983, recommended approval of 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 August 15, 1983, 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 the following described property in the City of Grand Island, Hall County, Nebraska, to wit: Lots One (1) through Thirty (30), inclusive, excepting therefrom the south 12.56 feet of Lots Twenty-six (26) through Thirty (30), inclusive, all being in Lafayette Park Subdivision in the City of Grand Island, Hall County, Nebraska, be rezoned and reclassified and changed 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. SECTION 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. APPRFAS TO FORM AUG 22 1983 LEGAL DEPARTMENT . . ORDINANCE NO. 6940 (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 such 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 provid- ed by law. Enacted .z"Av9IVs~ B3 . ( ~y~ i1aY;;r L ATTW4(~ ~ City er - 2 - . ORDINANCE NO. 6941 of the district; providing for the improvement of a street within the district by paving, An ordinance creating street Improvement District No. 1029; defining the boundaries guttering, and all incidental work in connection therewith; 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. 1029 in the City of Grand Island, Nebraska, is hereby created. ::E .... a: Z e (\") LJ.J 0 00 ~ ~ .... t- ~ ,0,;, <( N 0.. LJ.J {.:J 0 =:.> -l 4:. <( CI LJ.J ..J . SECTION 2. The boundaries of the district shall be as follows: Beginning at a point along the South line of Section Eleven (11), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, said point also being 33 feet South of the Southwest corner of Lot 9, Bernhard Voss First Subdivision; thence proceeding East along the South line of Section Eleven (11) for a distance of 304.1 feet; thence deflecting left in a northerly direction along the East line of Bernhard Voss First Subdivision and a northerly and southerly prolongation of this line for a distance of 660.3 feet; thence deflecting left in a westerly direction 33 feet North of and parallel to the North line of Bernhard Voss First Subdivision for a distance of 303.5 feet; thence deflecting left in a southerly direction along the West line of Bernhard Voss First Subdivision and a northerly and southerly prolongation of this line for a distance of 660.3 feet to the point of beginning, all as shown on the plat marked Exhibit "A", attached hereto and incorporated herein by reference. guttering, and all incidental work in connection therewith: SECTION 3. The following street in the district shall be improved by paving, curbing, Voss Road from Seedling Mile to the North line of the Bernhard Voss First Subdivision in the City of Grand Island, Nebraska. 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. SECTION 4. 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 specially benefited thereby, as provided by law. 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. ATTEST: Enacted Z'iAd'dS"B~ Mayor if~r{$ ~ I- I I <;t: <0 U) 132' 16 303.5' -<;t: 40' -If') to (j to <.0 Q - <( Q) 0 (0 <.0 a::: <.0 ;1; ~~~~ ~, PO INT OF t<) BEGINNING t<) SEEDL ING r- , I i - en (0 - <.0 to - ~ 1'<> - 9 - (0 to : = - to (!) (() <.0 Cf) (/) 0 (1) > . N 10 to 40' MILE 131.53 I -10 I (.1) <.0 131.59 ' Os~ \J. (!) 131.65 : -ti~ to : " 8 132.07' STREET IMPROVEMENT DIST.1029 132' ; 131. : : I .83' =SU r<> = 0 to 131.89' to t..? <.0 ",' '" - C\l 10 ~ ~ SOUTH UNE SE:TION - - .J....:. II - II - 9 ROAD EXHIBITI~I CITY OF GRAND ISLANl?lNEBR. ENGINE:ERING DEPARTMENT I PLAT ACCOMPANY ORDINANCE ] . NO. 6941 _ I SCALE 1"= 100' L.D.C. 8/23/83] ORDINANCE NO. 6942 . An ordinance assessing and levying a special tax to pay the cost of construction of Water Main District No. 354 of the City of Grand Island, Nebraska; providing for the collection of such special tax; and 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 construct- ion of said water main in said Water Main District No. 354, 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 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 SUBDIVISION AMOUNT Tom and Kristie A. Dolton 1 Park Gardens $1143.31 Tom and Kristie A. Dolton 2 Park Gardens 1143.31 Tom and Kristie A. Dolton 3 Park Gardens 1143.31 Tom and Kristie A. Dolton 4 Park Gardens 959.85 Tom and Kristie A. Dolton 5 Park Gardens 834.77 Tom and Kristie A. Dolton 6 Park Gardens 837.97 Tom and Kristie A. Dolton 7 Park Gardens 960.80 Tom and Kristie A. Dolton 8 Park Gardens 1143.31 Tom and Kristie A. Dolton 9 Park Gardens .1143.31 Ruth J. and Elmer J. Hall 10 Park Gardens 1143.31 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 nine percent per annum shall be paid thereon, until the same is collected and paid. SECTION 3. The Clerk-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 s the "Sewer and Water Extension Fund" for Water Main District No. 354. . APPRO~S TO FORM SEP 6 1983 LEGAL DEPARTMENT . . ORDINANCE NO. 6942 (Contd) SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith, is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage, approval, and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enac ted 2~ S c./, I-~- J.~ r fi s AnEST, QIif(~~ l.ty er V}~YO' / -' ORDINANCE NO. 6943 An ordinance to amend Section 36-4 of the Grand Island City Code pertaining to the zoning jurisdiction and building regulations and enforcement of the City; to repeal the exist- . ing Section 36-4; and to provide the effective date of this ordinance. WHEREAS, this Council, by resolution dated July 18, 1983, served notice upon Hall County to terminate the Inter- Local Cooperation Agreement pertaining to building inspect- ion services as of October 17, 1983, and that the City would resume its building inspection services within its two-mile jurisdiction as of October 17, 1983. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 36-4 of the Grand Island City Code be, and hereby is, amended to read as follows: Sec. 36-4. JURISDICTION The regulations prescribed in this ordinance shall apply within the city limits and within two miles of the corporate boundary of the City of Grand Island, Nebraska, excepting therefrom the jurisdiction of any community existing prior to the extension of the Grand Island jurisdiction. SECTION 2. That Section 36-4 of the Grand Island City Code as heretofore existing, be, and hereby is, repealed. SECTION 3. That this ordinance shall be in force and take effect after its passage, approval, and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law, and on October 17, 1983. Enacted .z~ 5t!~hhr~t!r ?3. / ayor . ATTEST: 4;;f}8~L'~ City Clerk =-_._..,--......,.,--"---"----~---....._._--._-_.- APPRO~7P AS TO FORM d< ,_........,..,.,._......~ SEPID19B3 LEGAL DEPARTMENT 11. __ .~._. ~"","""''''' . :2: I I- ~ Z 0 , ('<") LiJ ..... :E ~ I CO 0). I- ~- a:: OJ <( I~ ~I 0.. LiJ ,0 CL Q II w ...J (/) <( CJ LiJ ...J . ORDINANCE NO. 6944 An ordinance creating Street Improvement District No. 1030; defining the boundaries of the district; providing for the improvement of a street within the district by grading, paving, surfaced shoulders, and all incidental work in connection therewith; and providing the effective date of this ordinance. BE IT ORDAINEp BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 1030 adjacent to the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at the junction'of the East right-of-way line of U.S. Highway 281 and the North right-of-way line of Capital Avenue; thence proceeding North along the East line of U.S. Highway 281 for a distance of 1,832.56 feet; thence deflecting right in a northeasterly direction 'for a distance of 126.61 feet; thence deflecting right in an easterly direction for a distance of 92.46 feet; thence deflecting left in a northerly direction for a distance of 323.6 feet; thence deflecting right in a northeasterly direction for a distance of 56.57 feet; thence deflecting right in an easterly direction for a distance of 32.85 feet; thence deflecting left in a northerly direction for a distance of 251.52 feet; thence deflecting right in an easterly direction along the South right-of-way line of . Nebraska Highway 2 for a distance of 355 feet, more or less; thence deflecting right and continuing along the South line of Nebraska Highway 2 for a distance of 400 feet, more or less; thence deflecting left perpendicular to the South line of Nebraska Highway 2 for a distance of 120 feet; thence deflecting left in a northwesterly direction along the North right-of-way line of Nebraska Highway 2 for a distance of 104.4 feet; thence deflecting left and continuing along the North right-of-way line of Nebraska Highway 2 for a distance of 1,330 feet, more or less; thence deflecting left in a southerly direction for a distance of 202 feet, more or less; thence deflecting right in a westerly direction for a distance of 60 feet; thence deflecting right in a northerly direction for a distance of 225 feet, more or less; thence deflecting left in a westerly direction along the North right-of-way line of Nebraska Highway 2 for a distance of 1,400 feet, more or less; thence deflecting left per- pendicular to the North line of Nebraska Highway 2 for a distance of 150 feet; thence deflecting left in an easterly direction along the South line of Nebraska Highway 2 for a distance of 989 feet, more or less; thence deflecting right in a southwesterly direction for a distance of 245 feet; thence deflecting right in a southwesterly direction for a dis- tance of 112.29 feet; thence continuing along an arc having a radius of 494 feet for a distance of 775.96 feet; thence along an arc with a reverse curvature having a radius of 540 feet for a distance of 544.54 feet; thence continuing along the West right-of-way line of U.S. Highway 281 for a distance of 603.43 feet; thence deflecting right and continuing in a southerly direction for a distance of 552.27 feet; thence deflecting right and continuing South along the West right-of-way line of U. S. High- way 281 for a distance of 200 feet; thence deflecting right in a south- westerly direction for a distance of 95.5 feet to the North right-of-way line of Capital Avenue; thence deflecting left perpendicular to the North right-of-way line of Capital Avenue for a distance of 40 feet; thence deflecting right in a westerly direction 40 feet South of and parallel to the North line of Capital Avenue for a distance of 395 feet; thence deflecting left in a southerly direction perpendicular to the North line of Capital Avenue for a distance of 45 feet; thence deflecting left in an easterly direction 85 feet South of and parallel to the North line of Capital Avenue for a distance of 135 feet; thence deflecting left in a northerly direction perpendicular to the North line of Capital Avenue for a distance of 12 feet; thence deflecting right in an easterly direction along the South line of Capital Avenue for a distance of 260 feet; thence deflecting right in a southeasterly direction for a distance of 110.21 feet, more or less; thence deflecting righ~ in a southerly direction along the West right-of-way line of U.S. Highway 281 for a distance of 1,375 feet; thence deflecting left perpendicular to the West line of U.S. Highway 281 for a distaryce of 195 feet; thence deflecting left in a north- erly direction along the East right-of-way line of U.S. Highway 281 for a distance of 1,511.15 feet to the point of be~inning, all as shown on the plat marked Exhibit "A" attached hereto and ~ncorporated herein by reference. , ,..-.~ . . ORDINANCE NO. 6944 (Contd) SECTION 3. The following streets in the district shall be improved by grading, paving, surfaced shoulders, and all incidental work in connection therewith: U.S. Highway 281 from 1,445.15 feet South of Capital Avenue to Nebraska Highway 2, including all on/off interchanges at the junction of Highways 281/2, but excluding the overpass structure over Highway 2 and the Burlington Northern Railroad tracks. Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the State and approved by the Nebraska Department of Roads Director-State Engineer. SECTION 4. All improvements shall be made at public cost. The City of Grand Island's share of the federal aid project cost is estimated to be $300,000.00, such cost sharing having been approved by the Mayor and Council by appropriate agreement between the City of Grand Island and the State of Nebraska. Should the actual bid price exceed or be less than the State Engineer's estimate by more than 5%, then the City's cost share of this portion will be increased or decreased proportionately. Any other non-federally sponsored incidental work accomplished in conjunction with this project will be City costs. 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 e2~ .feJI,~Jl!r 1'3- , ATTEST: ~~~~ ity Cler . 7~- ~- Roe. --ria, ~ayor - 2 - +1 00 00 '" , 9'~Z~ -~ N '" ~ IBG 'ON -~ 7L .9S'Z~I'1 3NI1 NOIJ.J3S 91/1 AV'N\H9IH ~ t::: CO :c: X w r~:ll~ -\ r-' ci~116 ;: ~ j ~ qU".I' .J g, '- ~~I' l:i () (,} l~ - :.~ z l':j~ 8 ..~.t:QI (..)~f ('\J Qld U'" II c')~! <.:({Q LL --00 o~ I-z 'j >-w t- -0: !::: -.:{ li: <..> rt. c;; .,; a- N u o .J J: ~w fc:(~ ;:E...J -~ ~ o 1:: ('" \ I ............ c:i \ 0 -0: a: -0: . a: ~ - \ / ~ It'l "" .............. ~ ~ ~. .... --- .. ... ...... .... ... ';! i ~ ~ \ \ , \ \ - ,> I> 1 \ \ \ I \ , \ \ t I> .;. " \ \ ~ . \ ~ \20. \5' \20.09' 15' \ \ .0 o t- \zO - CO (\J - 10 r- '" .. - MA1'CH L\NE \ \ . o z ~ ct) ~ - ~> ~' :J:,' 19 - :I: A\fiWUt.. 'D. '!i <T E~\.\\err"~ crr< OF GRAND ISLA" ENG\NEER\NG OEPAff p\..A1' 1'0 ACCO~PAt-l'( Of NO. 6')44 SCALE''':: ZOO' L.D .C- . ,~ I- Z I~ ~ l.l.J ex) :;E S!! l- I- 0:: '" c:> <( ...... CL ~ l.l.J C\.. c I~ w ..J (/) <( " W ..J . ORDINANCE NO. 6945 An ordinance creating Street Improvement District No. 1031; defining the boundaries of the district; providing for the improvement of a street within the district by paving, guttering, and all incidental work in connection therewith; 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. 1031 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at the junction of the South right-of-way line of Stolley Park Road and the East right-of-way line of Circle Drive, said point also being the Northwest corner of Lot One (1), Block Two (2), Stewart Place Subdivision; thence proceeding in a northerly direction, perpend- icular to the South line of Stolley Park Road for a distance of 66 feet; thence deflecting left in a westerly direction along the North line of Stolley Park Road for a distance of 69 feet; thence deflecting left in a southerly direction perpendicular to the South line of Stolley Park Road for a distance of 66 feet; thence deflecting right in a westerly direction along the South line of Stolley Park Road for a distance of 295.5 feet; thence deflecting left in a southerly direct- ion perpendicular to the South line of Stolley Park Road for a distance of 150 feet; thence deflecting right 150 feet from and parallel to the South line of Stolley Park Road for a distance of 187.35 feet; thence deflecting left in a southerly direction along the West boundary of Stewart Place Subdivision for a distance of 808 feet; thence deflecting . left in an easterly direction 300 feet from and parallel to the South line of Circle Drive for a distance of 640 feet, more or less; thence continuing along an arc with a radius of 420 feet to a point 237.5 feet, more or less, West of the West line of Blaine Street and 300 feet Southwest of the Southwest line of Circle Drive; thence deflecting left in a northerly direction 237.5 feet, more or less, West of the West line of Blaine Street for a distance of 440 feet, more or less; thence deflecting left in an arc with a radius of 420 feet to a point 150 feet, more or less, South of the South line of Stolley Park Road and 300 feet East of the East line of Circle Drive; thence deflecting right -in a northerly direction 300 feet from and parallel to the East line of Circle Drive for a distance of 150 feet, more or less; thence deflecting left in a westerly direction along the South line of Stolley Park Road for a distance of 295.5 feet to the point of beginning, all as shown on the plat attached hereto, marked Exhibit "A", and incorpor- ated herein by reference. SECTION 3. The following street in the district shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: Circle Drive in its entirety, located in Stewart Place Subdivision, including Stolley Park Road right-of-way. 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. SECTION 4. 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 specially benefited thereby, as provided by law. 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 Dee9s, Hall County, Nebraska. . . ORDINANCE NO. 6945 (Contd) 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 :l~S'eJh#n6'r 1'$'. / ATTEST'%~~ 1ty er riz, Mayor ---' ",---- b.. -B3U1S c:r -- " ~- , f ~ \ l i t ! . ul. --z.. . II" <S" -- " . 7. ~ +.OC;\ ~ do 0.- ,~---- .~,~ ----- J ?l .-- 3NIVlO J.J3l:U.S 3NI"l19.:!O 3Nn J.S3M +1 10 .., (\l :;. ovv 10 ID or ,..: 10 (\l Q or ,L91 lD _..<-. _._.._....__ _._.w______._.,,~ 0"\ , ~ \ ~ = ex: r;.;-: co..,: ci co Wz ....... Zw LX: ~ 0 ...... 0::: m zt- >- <0:: z ...J<:t: <t If)0- 0- u -\.1.1 :E ci 00 0 -l %(!l U <tz UIO ~ 0::_ <(<;f (!let: u.\.I.I om " 0\.1.1 t-lO Z I- !oJ >-- <( -I l-(!l _Hj c( _z u UW 0.% tJ) ~ Q ci % t-= (J') Ci I- Z W ~ ~ o a:: 0.. ~ ~ uJ W a:: t- (J') _..~--' ORDINANCE NO. 6946 An ordinance to amend Section 36-13A of the Grand Island City Code pertaining to AG-Agricultural Zone; to harmonize the City zoning regulation of the AG Zone with . the Hall County Zoning Resolution; to repeal the existing Section 3613A of the Grand Island City Code; and to provide the effective date of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 36-13A of the Grand Island City Code be, and hereby is, amended to read as follows: ARTICLE II. ZONES Sec. 36-13A. AG AGRICULTURAL ZONE (A) Permitted Principal Uses: (1) ( 2 ) ( 3 ) (4 ) ( 5 ) I~-\ I- (6 ) Igs z 0J W ll_ . co ~ 0 OJ l- (7) f- 0::' (/), ::n cJ: <4' ,-{ 0.. I \\j W ~ ~I 0... 0 Lt..! _J U) <( (9 Ll.1 -l ,I Agriculture uses excluding stock or feed yards and accessory uses Dwelling units Raising of field crops and horticulture Country clubs as defined herein Recreational camps, public parks, and recreational areas Greenhouses and the raising of trees and nursery stock Utility substations necessary to the functioning of the utility (but not includ- ing 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 land- scaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties. Installation shall not be subject to minimum area or width regulations. (8) Railway right-of-way, but not including rail- way yards or facilities (B) Permitted Accessory Uses: . ( 1 ) Living quarters for persons regularly employed on the premises but not including labor camps or dwellings for transient labor (2) Guest building (3) Customary home occupations (4) Buildings, corrals, stables or pens in conjunction with the permitted uses ORDINANCE NO. 6946 (Contd) (5) Buildings for the display and sale of products grown or raised on the premises, providing the floor area does not exceed 500 square feet . (6 ) Offices incidental to and necessary for a permitted use (7) One unlighted sign or name plate not exceed- ing 20 square feet in area, providing the sign pertains only to the sale, lease, rent or hire of facilities or products as permitted (8) 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 Sections 36-78 through 36-81 of this ordinance. (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, relig- ious, cultural or public service facility, but not including hospitals, sanitoriums or corrective institutions (5) Riding academies (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 feet adjacent to both frontages (7) Maximum ground coverage: 10% (E) Miscellaneous Provisions: . (1) Supplementary regulations shall be complied with as defined herein (2) Only one principal building shall be permit- ted on one zoning lot except as otherwise provided herein (3) Any person or persons who: - 2 - ORDINANCE NO. 6946 (Contd) . (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 exer- cised on the large tract; and/or (b) own an existing dwelling unit that is ten years old or more may sell a tract containing such dwelling; provided the following space limitations are complied with: Minimum lot - 20,000 square feet Minimum lot width - 100 feet Maximum height of building - 35 feet Minimum front yard - 30 feet Minimum rear yard - 25 feet Minimum side yard - 15 feet; a corner yard shall have a minimum setback of 30 feet adjacent to both frontages Maximum ground coverage - 25% SECTION 2. That Section 36-13A of the Grand Island City Code as heretofore existing, be, and hereby is, repealed. SECTION 3. That this ordinance shall be in force and take effect from and after its passage, approval and publi- cation within fifteen days in one issue of the Grand Island Daily Independent as provided by law. Enacted ';?~sl'h~""luu" r.:J' . , r~z, Mayor ATTEST: ~~~ . - 3 - . . ORDINANCE NO. 6947 An ordinance to amend Section 20-86.23 of the Grand Island City Code pertaining to speed limits on a portion of St. Paul Road; to repeal conflicting ordinances and code sections; to provide a penalty; and to provide the effective date of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 20-86.23 of the Grand Island City Code is amended to read as follows: Sec. 20-86.23. SPEED LIMITS - ST. PAUL ROAD It shall be unlawful for any person to operate a motor vehicle on that part of St. Paul Road between Eleventh Street and Capital Avenue at a speed greater than thirty miles per hour. SECTION 2. That all ordinances and Section 20-86.23 of the Grand Island City Code as heretofore existing, in conflict herewith, are hereby repealed. SECTION 3. Any person violating the provisions of this ordinance shall be punished in accordance with the general pen- alty provisions set forth in Section 1-7 of the Grand Island City Code. 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 pro- vided by law. Enac ted .:t, ,,~)i#,.,Jerr 3'..3 , ATTEST: ~~ 41- City C erk yor r--ii:PPHO~STO'-FORM--- I _~.c~ Is EP 1 9 1983 LEGAL DEPARTMH'T .....~___,... \l . . ORDINANCE NO. 6948 An ordinance rezoning a certain area within the City of Grand Island and within its zoning jurisdiction; changing the classification of such tract from R4-High Density Residential Zone to CD-Commercial Development Zone classification; 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 September 7, 1983, recommended approval of 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 September 12, 1983, 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 the following described property in the City of Grand Island, Hall County, Nebraska, to wit: Lot Eight (8), Island Acres, a subdivision in the City of Grand Island, Nebraska, be rezoned and reclassified and changed to CD-Commerical Develop- ment 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 Planning Commission and the City Council of the City of Grand Island are hereby accepted, adopted, and made a part of this ordinance. r-'''''I.\PPRovED-~~s'Yo'-I~oRM---1 ~._ I .--......--....-... ..-....-...---- ! l ~)EP ~~ 1 '\983 t I I LEGAL DEPARTMEi\IT ~_.",,------'" . . ORDINANCE NO. 6948 (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 such 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 provid- ed by law. Enacted .:'(~~~?~ Mayor ATTEST: ~L?'/ h ~~ City Clerk . . ORDINANCE NO. 6949 An Ordinance directing and authorizing the conveyance of a tract of land in the West Half of the Northeast Quarter of the Southeast Quarter (W~NE~SE~) in Section Thirty- four (34), Township Twelve (12) North, Range Nine (9) West .of the 6th P.M., 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 the County of Hall, a body politic of the State of Nebraska, of the following described property: The East sixty (60) feet of the West Half of the Northeast Quarter of the Southeast Quarter (W~NE~SE~) in Section Thirty-four (34), Township Twelve (12) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, containing 1.811 acres, more or less; is hereby authorized and directed. SECTION 2. The consideration for such conveyance shall be Seven Thousand Two Hundred Forty-four Dollars ($7,244.00). Conveyance of the real estate above described shall be by quitclaim deed, upon delivery of the consideration, and the City of Grand Island will not furnish an abstract of title. 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 the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said COUNTY OF HALL, 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. APPROVED AS TO FORM ~ SEP 2 J. 1983 LEGAL DEPARTMENT . . ORDINANCE NO. 6949 (Contdl 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 -2~ 5?-~~...oI?..s ATTEST' c:?/{{f(~~ lty er . - 2 - 4?~~, /' // t Mayu~. . ORDINANCE NO. 6950 An ordinance creating Street Improvement District No. 1032; defining the boundaries of the district; providing for the improvement of a street within the district by paving, guttering, and all incidental work in connection therewith; 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. 1032 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: A tract of land in the Southeast Quarter of the Northwest Quarter (SEtNWtl of Section 21, Township 11 North, Range 9 West of the 6th P. M." in the Ci ty of Grand I s.land, Hall County, . Nebraska, more particularly described as beginning at a point 265.5 feet West of the West line of Broadwell Avenue, said point being on the North line of Oklahoma Avenue; thence easterly on the North line of Oklahoma Avenue to a point 101 feet East of the East line of Broadwell Avenue; thence northerly on a line 101 feet East of and parallel to the East line of Broadwell Avenue a distance of 275 feet to a point on the South line of Anna Street; thence southwesterly on the South line of Anna Street a distance of 86 feet; thence northwesterly on a line perpendicular to the South line of Anna Street a distance of 25 feet; thence southwesterly on a line 25 feet North of a parallel to the South line of Anna Street a distance of 80 feet; thence southeasterly on a line perpendicular to the South line of Anna Street a distance of 25 feet; thence southwesterly on the South line of Anna Street a distance of 176.95 feet; thence southerly on a line to the point of beginning, as shown on plat marked Exhibit "A" attached hereto and incorporated herein by reference. :2 I- 0:: Z 0 '" LLI I..L. co :a: 0 ~ l- t- 0:: ~ <C <t i ( :::-:: 0- Il LLI I- CI U -..l C) <C <.::l I.JJ -..l . SECTION 3. The following street in the district shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: Broadwell Avenue from Oklahoma Avenue to Anna 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. SECTION 4. 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 specially benefited thereby, as provided by law. 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 /0 Pe.,4~~r $>'3. ATTEST: 4#&4' ';'-'"Mayor " / ( . i I I I I , I I i j "/ I I i , , I I ANNA STREET I 176.95'. -II") ~ ,86' i N i I 93.1 90.4' 90.4' 90' ; , . W 1 ; \-\E. ?i I , G I ~ ~ F N ~ \/4 -1 90' Y ~ --1 -co - W - It) ... ~. (\l O. 0 S€-C. <( Q 0 - POiNT OF a::: ... ~ BEGI NNi NG Q) 90.4 . 90.4' 50' 10" 265.5' -~ .0 - rt\ OKLAHOMA 0 AVENUE - CD 0 CD . EXHIBIT'~' CITY OF GRAND ISLANQ1NltBR. ENGINEERING DEPARTMENT ( I PLAT TO ACCOMPANY OODINANCE . NO.69~O -_. f SCALE II~o:: I 00 I L nc · 1()/4l1n STREET , MPROVEMENT DISTRICT NO. 1032 . !~--f-------~I.:-;Il.' 1 Cf I I' (",.\ L., I 1 Lt.,. i C,"-'l ; \ I l~ " \ i ! I Cl~ i ; 1 :~:o-t '" ! I ~ ~ 'I ", "i! I \ ~O ,-" ~~n I l;< I ._J 1 I II 1 \! ! L,_-.__,.~,.___"---,, '___m' . ORDINANCE NO. 6951 An ordinance to amend Chapter 8 of the Grand Island City Code pertaining to buildings by adopting the 1982 Uniform Building Code; to repeal the original code sections 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. That Section 8-1 of the Grand Island City Code be amended to read as follows: Sec. 8-1. UNIFORM BUILDING CODE ADOPTED The Uniform Building Code, 1982 Edition, published by the International Conference of Building Officials, is hereby adopted, together with any amendments thereto as may be made from time to time, except such portions as have been heretofore or hereinafter deleted, modi- fied, or amended by ordinance and set forth in the chap- ter of the Code. Three copies of the Uniform Building Code, 1982 Edition, and all supplements or amendments thereto shall be filed in the office of the city clerk as provided by law. SECTION 2. That Section 8-1.1 of the Grand Island City Code be amended to read as follows: Sec. 8-1.1. UNIFORM BUILDING CODE-STANDARDS ADOPTED The following standards shall be used with the Uniform Building Code adopted by Section 8-1 above: Acceptable Wind Load Design Procedures: 1. 1982 U.B.C. - using co-efficients as follows: Ce - from Table No. 23-G for Exposure Conly Cq from Table No. 23-h qs 17 psf 2. NAVFACS DM-2 Building Height Zones (ft. ) Wind Pressure (psf) 25 30 40 45 55 60 o to 29 30 to 49 50 to 99 100 to 499 500 to 1199 1200 and over Roof Snow Load - 30 pounds per sq. ft. (Note: Sec. 2306. Reduction of live loads does not apply to roof snow load) Frost Depth - 36 inch minimum Seismic Zone - 1 ORDINANCE NO. 6951 (Contd) SECTION 3. That Section 8-2 of the Grand Island City Code be amended to read as follows: . Sec. 8-2. SAME - CERTAIN SECTIONS NOT ADOPTED It is especially provided that the following chapters, sections, and tables of the Uniform Building Code are not adopted or approved, and the same shall be of no force and effect: 1. Table No. 3-A - Building Permit Fees 2. Chapter 44 - Protection of Pedestrians During Construction or Demolition 3. Appendix Chapter 12 - Existing Buildings 4. Appendix Chapter 23 - Earthquake Instrumentation 5. Appendix Chapter 35 - Sound Emission Control 6. Appendix Chapter 38 - Basement Pipe Inlets 7. Appendix Chapter 48 - Cellulose Nitrate Film 8. Appendix Chapter 51 - Elevators, Dumbwaiters, Escalators, and Moving Walks 9. Appendix Chapter 53 - Energy Conservation in New Building Construction 10. Appendix Chapter 55 - Membrane Structures 11. Appendix Chapter 57 - Regulations Governing Fallout Shelters 12. Appendix Chapter 70 - Excavation and Grading SECTION 4. That the original Sections 8-1, 8-1.1, and 8-2 of the Grand Island City Code, as heretofore existing, be, and hereby are repealed. SECTION 5. This ordinance shall be in force and effect from and after its passage and publication according to law, and on January 1, 1984. Enacted 2vo~~le~a3 ATTEST: <<Y~~ City Clerk -- . - 2 - ORDINANCE NO. 6952 An ordinance to amend Chapter 8 of the Grand Island City Code pertaining to housing by adopting the 1982 Uniform Housing Code; to repeal the original code sections as hereto- . fore exissting; 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 8-8 of the Grand Island City Code be amended to read as follows: Sec. 8-8. UNIFORM HOUSING CODE ADOPTED The Uniform Housing Code, 1982 Edition, published by the International Conference of Building Officials, is hereby adopted, together with any amendments thereto as may from time to time be made, except such portions as have heretofore or hereafter been deleted, modified, or amended by ordinance and set forth in this chapter of the Code. Three copies of said Code shall be filed in the city clerk's office as provided by law. SECTION 2. That Section 8-10 of the Grand Island City Code be amended to read as follows: Sec. 8-10. AMENDMENTS TO HOUSING CODE 1. Section 202 of the Uniform Housing Code is hereby amended to read as follows: Substandard Buildings Sec. 202. All buildings or portions thereof which are determined to be substandard as defined in this Code are hereby declared to be public nuis- ances and shall be abated by repair, rehabilita- tion, demolition, or removal in accordance with the procedure specified in Article VI, Chapter 8, of the Grand Island City Code. 2. Section 302 of the Uniform Housing Code is hereby amended to read as follows: Fees . Sec. 302. Whenever a building permit is required by Section 301 of this Code, the appropriate fees shall be paid to the building official as speci- fied in Section 8-17 of the Grand Island City Code. Section 504(c) of the Uniform Housing Code is hereby amended to read as follows: 3 . AF)h(C~.~;:; T() iC);\h: ,,,",,,,..,,,,,,_..._-,,,,,~-~.-,-.._....~.}~.._"..,,~_.....,..,~,.<,.,,.,..-,~ ".<n"_"'--"-=~"'__~~ Ii (,:- 'j 'I \.J 1./ I .c., ., J j,. {\ '-?'fl'<.,ff f' ,---.- . 4. . ORDINANCE NO. 6952 (Contd) (c). Mechanical Ventilation. In lieu of openable windows for natural ventilation, a mechanical vent- ilation system may be provided. Such system shall be capable of poviding two air changes per hour in all guest rooms, dormitories, habitable rooms, and in public corridors. One-fifth of the air supply shall be taken from the outside. In bath- rooms, water closet compartments, laundry rooms, and similar rooms, a mechanical ventilation system connected directly to the outside or into attic space properly ventilated in compliance with the current uniform building code capable of providing five air changes per hour, shall be provided. Sections 701(a) and 701(c) of the Uniform Housing Code are hereby amended to read as follows: (a). Heating. Every dwelling unit and guest room shall be provided with heating facilitibs capable of maintaining a room temperature of 70 F. Such facilities shall be installed and maintained in a safe condition and in accordance with Article II, Division I, of Chapter 16 of the Grand Island City Code, and all other applicable laws. No unvented or open flame gas heater or apparatus shall be permitted. All heating devices or appli- ances shall be of an approved type. (c). Ventilation. Ventilation for rooms and areas, and for fuel burning appliances, shall be provided as required in Chapter 16 of the Grand Island City Code and in this Code. Ventilating equipment shall be approved type installed and maintained in a safe manner and in compliance with the current uniform building code and all other applicable laws. When mechanical ventilation is provided in lieu of the natural ventilation required by Section 504 of this code, such mechan- ical ventilating system shall be maintained in operation during the occupancy of any building or portion thereof. 5 . Sections 1001(a) and 1001(1) of the Uniform Hous- ing Code are hereby amended to read as follows: (a). General. Any building or portion thereof, including any dwelling unit, guest room, or suite of rooms, or the premises on which the same is located, in which there exists any of the follow- ing listed conditions to an extent that endangers the life, limb, health, property, safety, or wel- fare of the public, or the occupants thereof, shall be deemed and hereby is, declared to be a substandard building. The extent of danger of life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be determined by the chief building inspector and the health and sanitation officer, and upon request, the fire chief. When in the opinion of the above officials that compliance with this chapter would create a hardship on the owner or occupant, the chief building official, after receiving the opinions of the health and sanita- tion officers and the fire chief, in writing, may recommend to the advisory and appeals board, in writing, a solution to the particular case for their judgment. - 2 - ORDINANCE NO. 6952 (Contd) (1). Inadequate Maintenance. Any building or portion thereof which is determined to be an unsafe building in accordance with Article VI of Chapter 8 of the Grand Island City Code. . SECTION 3. That Sections 8-8 and 8-10 of the Grand Island City Code as heretofore existing, are hereby repealed. SECTION 4. This ordinance shall be in force and effect from and after its passage and publication according to law, and on January 1, 1984. Enacted :lYP~~J~r.a3 ~iL Rober 1:. ~riz, Mayor ATTES#~ ~ty Cler . - 3 - ORDINANCE NO. 6953 An ordinance to amend Chapter 13 of the Grand Island City Code pertaining to fire prevention by adopting the 1982 . Edition of the Uniform Fire Code; to repeal the original Sections 13-1 and 13-1.1; anad to provide the effective date of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 13-1 of the Grand Island City Code be amended to read as follows: Sec. 13-1. UNIFORM FIRE CODE ADOPTED The Uniform Fire Code, 1982 Edition, published by the International Conference of Building Officials, is hereby adopted, except for such portions as heretofore or hereafter have been deleted, modified, or amended by ordinance and set forth in this Code. Three copies of said Code shall be filed in the office of the city clerk as provided by law. SECTION 2. That original Section 13-1 and Section 13-1.1 as heretofore existing are hereby repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage, approval, and publication within fifteen days in the Grand Island Daily Independent, as provided by law, and on January 1, 1984. Enacted .:l~eJ~-kL,~rrs . ~~~riZ' Mayor ATTEST: ~~, City C erk - . J(,\Ppr~("\-\ 1t'.~r"'1 -'\ ;:~.. T'r"l C(lf) J\ 1\ , , '<{f~X'"' ! U ! '-' ;."v; "';,.""""""""_....'''_.._~:~~-~._"..~~_.._. _ .,_, _._..,,",'~"c__ _ _... __._"~.""",,,~, LJ [~"f I? 'l " ~, [) t~ F.i J\ f1 T"I\;1 E: r;J ~r . . ORDINANCE NO. 6954 An ordinance creating Sidewalk District No.1, 1983; defining the district where sidewalks are to be constructed, and pro~iding for the construction of such sidewalks within the district by paving and all incidental work in connection therewith; and provid- ing the effective date of this ordinance. WHEREAS, the Mayor and Council of the City of Grand Island have heretofore by resolu- tion passed by a three-fourths vote of all members of the Council determined the necessity for certain sidewalk improvements, pursuant to Section 19-2417, R.R.S. 1943, and Section 31-45 of the Grand Island City Code; and WGEREA~, 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 con- structed by the district method; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Sidewalk District No.1, 1983, of the City of Grand Island, Nebraska, is hereby created. SECTION 2. The district where sidewalks shall be constructed shall include the following lots and parcels of ground: 1. Conventional sidewalk on the South side of Ninth Street and the East side of Kimball Avenue adjacent to Lot 4, Block 134, U.P. Railway Co's 2nd Addition. 2. Conventional sidewalk on the south side of Eighth Street and the West side of Kimball Avenue adjacent to Lot 1, Block 128, U.P. Railway Co's 2nd Addition. 3. Conventional sidewalk on the East side of Pine Street adjacent to Lot 5, Block 13, Russel Wheeler's Addition. 4. Conventional sidewalk on the South side of Ninth Street adjacent to Lot 2, Block 133, U.P. Railway Co's 2nd Addition. 5. Conventional sidewalk on the North side of Ninth Street adjacent to Lot 8, Block 143, U.P~ Railway Co's 2nd Addi tion. 6. Conventional sidewalk on the North side of Ninth Street and t~e East side of Kimball Avenue adjacent to the South Half (S~) of Lot 5, Block 142, U.P. Railway Co's 2nd Addition. 7. Conventional sidewalk on the West side of Cedar Street and the South side of Seventh Street adjacent to Lot 1, Block 11, Original Town, now City. 8. Conventional sidewalk on the West side of Wheeler Avenue and South side of Seventh Street adjacent to Lot 1, Block 9, Original Town, now City. APPRO~~ TOF~ OCT 19 1983 LEGAL DEPARTMENT _.~ -~'~:.::r~--:'- ...~.____,_'k~_~--:-_~',''''~~__- , . . ORDINANCE NO. 6954 (Contd) 9. Conventional sidewalk on the North side of Eighth Street adjacent to Lot 5, Block 132, U.P. Railway Co's 2nd Addition. 10. Conventional sidewalk on the South side of Fifth Street adjacent to Lot 3, Block 30, Original Town, now City. 11. Conventional sidewalk on the South side af Fourth Street adjacent to. Lat 1, Black 40, and the West Half (W~) of vacated street abutting Lot 1, Block 40, all in Original Tawn, naw City. 12. Canventional sidewalk on the North side of Fourth Street and the West side of Cedar Street adjacent to. the South Half (S~) of Lat 8, Block 35, Original Tawn, now City. 13. Canventional sidewalk an the North side of Fourth Street adjacent to. Lat 7, Black 35, Original Tawn, now City. 14.' Canventianal sidewalk an the West side af Cedar Street adjacent to the Sauth 33 feet af the Narth 66 feet af Lat 8, and the Narth 33 feet of Lat 8, all in Black 35, Original Tawn, now City. 15. Canventio.nal sidewalk an the West side af Lagan Street adjacent to. Lot 1, Black 52, Packer and Barr's 2nd Addition. 16. Curb sidewalk an the West side af Custer Avenue adja- cent to. Lots 5 and 7, Black 16, University Place. SECTION 3. The sidewalks in the district shall be canstructed by paving and all incidental work in cannection therewith; said improvements shall be made in accardance with plans and specificatians prepared by the engineer for the City and appraved by the Mayor and City Cauncil. SECTION 4. The improvements shall be made at public cost, but the cost thereof shall be assessed upon the lats and lands in the district specially benefited as pravided by Sectian 19-2418, R.R.S. 1943. thereby SECTION 5. This ordinance shall be in farce and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent as by law pravided. Enacted .:t~ t:'e~l>lu..r 83 ATTif~~ . ~ty er ~IS- ~~ . - Ro - ert ..Kriz F Mayor ORDINANCE NO. 6955 An ordinance to amend the provisions of Chapter 20 of . the Grand Island City Code pertaining to speed limits by adding a new Section 20-86.25 to establish a speed limit for a portion of St. Paul Road; to repeal conflicting ordin- ances and code sections and Ordinances Nos. 6937 and 6947; to provide a penalty; and to provide the effective date of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Chapter 20 of the Grand Island City Code is amended by the addition of new Section 20-86.25, to read as follows: Sec. 20-86.25. SPEED LIMITS - ST. PAUL ROAD It shall be unlawful for any person to operate a motor vehicle on that part of St. Paul Road between Eleventh Street and Capital Avenue at a speed greater than thirty miles per hour. SECTION 2. That all ordinances, code sections, and Ordinances Nos. 6937 and 6947 in conflict herewith are hereby repealed. SECTION 3. Any person violating the provisions of this ordinance shall be punished in accordance with the general penalty provisions set forth in Section 1-7 of the Grand Island City Code. 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. Enac ted 71f/IJVlEM8EIZ ..~. . ,,~f Robert L. r z, Mayor ATTEST: ~#k~1 C~ty C er h[->PhOVED f'lSl 0 r:CmM "'.--....-....;''';...,.,........''.-.'0.''''''...7 [..J '0 'J (~ II ~.:'! b j , LEG/\L DEPAHTIVIEf\1T """_~_~"_., . .~ . h' V, ~_._.~..,_.....-~.-~__.".._ . ,- - -"_. -:.~--- -- --- _.- ',2 \ f- 0::: 2:' . ('\ '.. I ~r:. f C'-J l..J,. ~ c::) ~~ . '-.) (j) i- ll- I 0'':: I'~l' c~ ~ ,-. " '-. 1.!J 1[.-.1...).; -., ....... c'''' ~.JJ ~f-" . ..- r> -J j~~/_~~_~J . ORDINANCE NO. 6956 An ordinance to amend Chapter 16 of the Grand Island City Code by adding thereto new sections numbered 16-1.1, 16-1.2, and 16-1.3, to establish procedure for processing requests to increase the maximum rates for natural gas; to provide a penalty; to provide for severability; and to pro- vide the effective date of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That a new section, numbered Section 16-1.1, be added to the Grand Island City Code, to read as follows: Sec. 16-1.1. APPLICATION, FILING REQUIREMENTS (a) Any public utility subject to the maximum rate schedule set forth in Section 16-1 above, that wants to request an increase in said rates, shall file an application therefor with the city clerk at least ninety (90) days prior to the proposed effective date for the requested rate increase. (b) An application shall not be deemed filed unless and until fifteen (15) copies of the application have been received by the city clerk, and no increase may be made effective until the review procedure set forth below has been completed. (c) Only one application may be filed in any twelve (12) month period unless the requested rates in the prior application are denied in whole or part, in which case a new application may be filed, but no sooner than 180 days after the date said prior application was filed. SECTION 2. That a new section, numbered Section 16-1.2, be added to the Grand Island City Code, to read as follows: Sec. 16-1.2. APPLICATION, CONTENTS (a) An application shall consist of the following: (1) Letter of transmittal ( 2 ) Copies of required documents (3) Schedules of data as described below (4) Any other document or data the applicant wants to submit in support of the appli- cation. ORDINANCE NO. 6956 (Contd) (b) Letter of Transmittal; Contents: The letter of transmittal shall contain: ( 1 ) The proposed rate schedule and proposed effective date . ( 2 ) A statement of the dollar amount of the aggregate annual increase (3) A statement of the dollar amount and percent- age of increase for the average Grand Island consumer (4) A statement identifying the person or persons who prepared the data submitted (5) A brief statement of the reasons for the application. (c) Required Documents: Copies of the following documents shall be filed as part of the appli- cation: (1) The most recent annual reports of the appli- cant to its stockholder, and if a subsidiary of a parent corporation, the three most recent annual reports to stockholders of such parent corporation. (2) The three most recent 10-K forms filed with the United States Securities and Exchange Commission. If the applicant is not required to file said forms, a statement to that effect shall be submitted. (3) An attestation by a certified public account- ant attesting under oath that all the docu- ments and data submitted in the application are true and accurate. (d) Required Data: The following data shall be prepared by a certified public accountant and taken from the business records of the applicant showing for each of the three calendar years preceding the year of application: (1) A schedule showing a breakdown of the appli- cant's gross revenues for each year, in amount and percentage of the total for the Grand Island natural gas service area and comparing thereto each other natural gas service area, and revenue from all other sources. ( 2 ) A schedule or schedules showing a breakdown of the applicant's allowable business expenses for each of the above described revenue areas for each year and identified as direct or allocated expenses, including a line for common plant expenses. . (3) A schedule showing a breakdown of profits, whether distributed or not, for each year, including long-term debts, preferred stock, and common stock equity, declared dividends, rate of return, and percentage of total. - 2 - ORDINANCE NO. 6956 (Contd) (4 ) A schedule comparing the applicant's gross revenues from the Grand Island natural gas service area for each year under the exist- ing rate, with the revenues that would have been produced if the proposed rates had been in effect. . (5) A schedule comparing the existing rates, the proposed rates, the existing rates for each of the other natural gas service areas served by the applicant, whether inside or outside Nebraska, and the existing rates for at least five other first class cities in Nebraska. The schedule shall state the rates and show actual costs under each rate in 50 ccf increments from 50 ccf to 300 ccf. All rates shall include allowed passthrough adjustments in effect as of the date the schedule was prepared. The schedule shall be prepared as close to the application filing date as possible. SECTION 3. That a new section, numbered Section 16-1.3, be added to the Grand Island City Code, to read as follows: Sec. 16-1.3. APPLICATION REVIEW PROCEDURE (a) Upon receipt of an application, the city clerk shall review the application and notify the appli- cant of any deficiencies therein within three business days. . (b) Within three business days of receiving a complete application, the city clerk shall forward one copy to the city attorney's office, two copies to the mayor's office, copies to each council person, and retain in the clerk's office the remaining two copies, one for the application file and one for review and copying by the public. (c) At the first regular meeting of the city council after distribution by the city clerk is made, the mayor shall assign the application to one of the standing committees or to a special committee if the mayor deems it appropriate, for the review of the request. The mayor shall also, with the consent of the council, set the date, time, and location for a public hearing on the application. Said hearing shall be set no sooner than ten (10) days thereafter, and notice of the hearing shall be published at least ten (10) days prior to the hearing day. (d) Public Hearing. At the public hearing, the appli- cant shall have a representative or representa- tives present who are capable of answering questions regarding the application and the docu- ments and statements contained therein, and the preparation thereof. - 3 - ORDINANCE NO. 6956 (Contd) . The public shall be allowed to examine the application, ask questions regarding the appli- cation, and present testimony and evidence to be consideredby the council. The applicant may be requested by the committee to produce other relevant documents or data relating to the documents or data provided with the application, and if so requested, the hearing may be adjourned to a date and time certain to give the applicant time to produce the requested documents or data. Upon completion of the hearing, the commit- tee jointly or individually shall within three business days, make a written recommendation to the full council regarding the application. (e) Final Consideration. At the first regular meeting after the committee has filed its recommendation, the council shall review the application and the testimony presented at the public hearing and make a determination to allow the request in full, in part, or not at all, and set forth the reasons for its determination. (f) After the Council has issued its determination, if the application is denied in full or modified, the applicant may file an appeal therefrom in the district court. SECTION 4. Any person violating the provisions of this ordinance shall be punished in accordance with the general penalty provisions set forth in Section 1-7 of the Grand Island City Code. SECTION 5. In case any section of this ordinance or any part of any section shall be declared invalid or uncon- stitutional, such declaration of invalidity 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, approval, and publication within fifteen days in one issue of the Grand Island Daily Independent, as provided by law, and on January 1, 1984. Enacted 7 ;A/D"'EHeGI! 8~ . . ~~~KriZ' Mayor ATTEST: t::f~~~ City Clerk - 4 - . "~" ~.~ ~ . ORDINANCE NO. 6957 An ordinance to vacate a portion of the 60 foot wide Frontage Road located between the south right-of-way line of New U. S. Highway No. 30 and the north boundaries of Commercial Industrial Park Subdivision of Part of Block 1, Nelsen Subdivision, and Block 2 of Nelsen Subdivision, con- ditioned upon the reservation of public utilities easements; 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 that portion of the 60 foot wide Frontage Road located between the south right-of-way line of New U. S. Highway No. 30 and the north boundaries of Commercial Industrial Park Subdivision of Part of Block 1, Nelsen Subdivision, and Block 2 of Nelsen Subdivision, lying between Webb Road and Industrial Lane, be, and hereby is vacated; provided and conditioned that the City of Grand Island hereby reserves the northerly 15 feet of such street for a permanent easement for the placement, replacement, installation, and maintenance of a water main and all necess- ary appurtenances thereto; and the southerly 25 feet of the 60 foot wide street for a permanent easement for the place- ment, replacement, installation, and maintenance of a sani- tary sewer main, and all necessary appurtenances thereto, and all rights and privileges necessary for such enjoyment, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. No improvements, structures, or buildings of any kind whatsoever shall be allowed in, upon, or over the easements herein retained. SECTION 2. That the title to the portions of the street vacated by Section 1 of this ordinance shall remain in the name of the City of Grand Island, Nebraska. SECTION 3. That this ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. ORDINANCE NO. 6957 (Contd) SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication without . the plat within fifteen days in one issue of the Grand Island Daily Independent. Enacted 2/ N~Y $:s ATTEST~ ~ ~ty ~- (J ',-) . &J L:t:t JJ Robert L.~ Mayor l . - 2 - --~->-_...-.-.-",-..:-- ---_...------.~~---- ,--....--.,.,.-....-...------ 0 . <! 0 a= a= Lt v In 0 ....J 0 "CJl ,09 (\J "0 tD ,09 Il'l Q . to ~ ~ o z -.;. N ~ IB >- 10 ~ d ::c z <.9 ::c 0 n:: 0 : fu ~ o ~ (/') 0 w tt ~ > -v ~ In ti w <3 g: (f) Z In ,..; (\J .09 O'VOtl - 1"'\ 0'1 W <.9 ~O Z<! 00 erer ~9 3N\1l-g l\1lH1SnONI ,09 ,091 ,OOl ,ci\ z 'b\e ~ ~ .OO~ . CD :::> en ~~ a::: ctz w Cf) ...J IJJ <Ii :j -'- <! -~ ~() ::>9 of.O 3 w z l.L. o ...J <( (3~ ffict ,091 ~- r -- .7 '" . -0 ~ 2 to ({) 10 o;t rO (\J 003M-,- fee i '---, ';0, , a:J . 1 t-l 'w f-i 0 .... Z 0:: v Z lu 'I -:z 0 o I- >- =\ :Z,... Z ' ~..... ' ...J4 ~ (/) 0.. 0.. 0 i -W:E ci Cl 0 0 Jj t: ~ ~ ~ oi CD 0:: - ~ I'- 01 c>cr _ I.L.W o~ 'ill J: o~ I-U) ;:; X >-- I- ..J f-C> ~. <( W _2 ...JO (.) U W o...z (/). - - <( - - ~ i Cl . ! w z ~ W 0:: W m f2 .... z w ::aE w 0 (f) Z ~ W ~ <.9 W ....J . :~> ~.j 'of ~.....'-' ....i "j_J ; h ,j CC n (1. ~;( . ORDINANCE NO. 6958 An ordinance to amend Chapter 36 of the Grand Island City Code known as the Zoning Ordinance of the City of Grand Island; to amend Section 36-5 to provide for equivalent zon- ing districts in Hall County and Merrick County upon a change of jurisdiction; to repeal the existing Section 36-5; 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 36-5 of the Grand Island City Code be amended to read as follows: Sec. 36-5. ANNEXATION Any lands coming under the jurisdiction of the City of Grand Island as a result of annexation or addition shall immediately become classified in conformance with the zones noted herein and shall remain so zoned until an amendment to the ordinance shall place such land in a different zone or zones. Hall County Zone Equivalent Zones Merrick County Zone Citr of Grand Is and Zone AG-1, AG-2 TA-1, TA-2 R1, R2 HC, RC, LC LI GI AG-1, AG-2 AG TA TA B2 M1 M2 (or M2-A, if applicable) R1 C3 1-1 1-2 SECTION 2. That Section 36-5 of the Grand Island City Code as heretofore existing is hereby repealed. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Daily Independent as provided by law. Enac ted .:2/ #~IJ~IH~'''' 8s . )2~, Mayor ATTEST: ~~~- ! " ,}! <.;0 ~<>! .,~ ORDINANCE NO. 6959 . An ordinance directing and authorizing the conveyance of Lot Seven (7), Block Forty- two (42), Russell Wheeler's Addition to the City of Grand Island; 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 BRENT ALLAN MILLER of Lot Seven (7), Block Forty-two (42), Russell Wheeler's Addition to the City of Grand Island, Hall County, Nebraska, is hereby authorized and directed. SECTION 2. The consideratiDn 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 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 the city council within thirty days of passage and publication of such ordinance, said p:operty shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said BRENT ALLAN MILLER, 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 Indepen- dent, as provided by law. Enacted 2/ A//fiIv~_Jl!r)7.s .. ATTEST: - ./1 -'" /~ . _~eL-:tL~ ~ . Robert CO iz, .-.-../ . . ,. :-------- -.---_._~~"...,---- lty er !. ilp?~:, T? FO!~i.l: Mayor r\l~J\/ 1. ;_1 LEGP,L DEPARTME~lT ! ,..~.:..~._.v........,___...-__._______......._.l ~ j . . I ORDINANCE NO. 6960 An ordinance directing and authorizing the conveyance of the westerly 19 feet of Lot Three (3), and the easterly 19 feet of Lot Four (4), in Block Thirty-one (31), Original 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 DAVID WILLIAM HARRIS of the westerly 19 feet of Lot Three (3), and the Easterly 19 feet of Lot Four (4), in Block Thirty-one (31), Original Town, now City of Grand Island, Hall County, Nebraska, 1.s 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 deed, upon delivery of the consideration, and the City of Grand Island will 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 the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said DAVID WILLIAM HARRIS, 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 Indepen- dent, as provided by law. Enacted 011 A/;:}r.le-kr"~ ATTEST: ~ iz, Mayor NO'I 1. ,1'1383 LEGAL DEPARTMEi'lT ORDINANCE NO. 6961 . . An ordinance directing and authorizing the conveyance of Lot One (1), Block Twenty- nine (29), Original 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 STEPHEN JOE MIRANDA and CECILIA MIRANDA, husband and wife, of Lot One (1), Block Twenty-nine (29), Original Town, now City of Grand Island, Hall County, Nebraska, is hereby authorized and directed. SECTION 2. The consideration for such conveyance ahall be One Dollar ($1.00). Conveyance of the real estate above described shall be by special warranty deed deed, upon delivery of the consideration, and the City of Grand Island will 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 the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said STEPHEN JOE MIRANDA and CECELIA MIRANDA, husband and wife, as joint tenants and not as tenants in common, 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 Indepen- dent, as provided by law. Enacted ~I ~(fh/I!!-Wf~er'3 .. ATTEST: Mayor . fiG\' 1 F'L3 LEGAL DEPARTMnlT i.",. . . ORDINANCE NO. 6962 An ordinance to amend Chapter 36 of the Grand Island City Code known as the Zoning Ordinance of the City of Grand Island; to provide for joint zoning jurisdiction within Merrick County which is within the zoning jurisdiction of the City of Grand Island; to provide for publication of this ordinance; and to provide for the effective date. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Chapter 36 of the Grand Island City Code be amended by adding thereto Section 36-4.1 to read as follows: Sec. 36-4.1. CONCURRENT JURISDICTION: MERRICK COUNTY The City of Grand Island hereby authorizes Merrick County, Nebraska, to exercise concurrent zoning regulation and enforcement within the unincorporated territory of Merrick County included within the zoning jurisdiction of the City of Grand Island. Whenever the regulations pres- cribed in this ordinance require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by Merrick County, the provisions of the regulations of this ordinance shall govern. Whenever the provisions of the Merrick County zon- ing ordinance or regulation require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by this ordinance, the provisions of such Merrick County zoning ordinance or regulation shall govern. The City of Grand Island shall notify the Merrick County Planning Commission in writing of any proposed change in its zoning classification in the area of concurrent juris- diction at least sixty (60) days prior to implementation of such proposed change. SECTION 2. 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. Enac ted .2/ If}tJII'H#'!'~'" 2S . Mayor ATTEST: ~~ ORDINANCE NO. 6963 An ordinance rezoning those certain areas in Merrick County . within the two-mile zoning jurisdiction of the City of Grand Island; changing the classification of such tracts to AG-Agricult- ural Zone with exceptions; directing that such zoning change and classification be shown on the official map of the zoning juris- diction 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 5, 1983, recommended approval of the proposed zoning of such areas; and WHEREAS, notice as required by Section 79-4,151, R.R.S. 1943, has been given to the Boards of Education of Northwest High School in Hall County, Nebraska, and Merrick 1 Schpol District in Merrick County, Nebraska; and WHEREAS, after public hearing on November 7, 1983, 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 the following described property within the zoning jurisdiction of the City of Grand Island, to wit: All properties in Merrick County within two miles of the corporate limits of the City of Grand Island as of October 24, 1983, shall be classified in the AG-Agricultural Zone, except as follows: 2 . 1. That part of the Northwest Quarter of the Southwest Quarter (NWtSWt) of Section 6, Township 11 North, Range 8 West of the 6th P.M., Merrick County, Nebraska, lying south of U. S. Highway No. 30 which shall be classified to an R2-M, Low Density Residential-Mobile Home Zone; The Northwest Quarter of the Northeast Quarter (NWtNEt) of Section 7, Township 11 North, Range 8 West of the 6th P.M., Merrick County, Nebraska, and all of Schwarz Subdivision, which shall be classified to a TA-M, Transitional Agriculture-Mobile Home Zone; . ~hl 1\1 ! ~ ORDINANCE NO. 6963 (Contd) 3 . All of Martin Acres Subdivision; all of McLaughlin Manor Subdivision; the Southwest Quarter of the North- west Quarter (SW~NW~) of Section 7, Township 11 North, Range 8 West of the 6th P.M., Merrick County, Nebraska; and that part of the Southeast Quarter of the Northwest Quarter (SE~NW~) of Section 7, Township 11 North, Range 8 West of the 6th P.M., Merrick County, Nebraska, lying north of the Fort Kearney Road, which shall be classi- fied to a TA-Transitional Agriculture Zone. . 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 Planning 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 such above-described areas 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 provid- ed by law. Enacted .:'.// A/DV~_~,rfl'.3 ATTEST: t?~~ C~ty C erk z, Mayor . - 2 - i I .~ . . ,~ . ,-;"",J ORDINANCE NO. 6964 . An ordinance directing and authorizing the conveyance of Lot Five (5), Block One Hundred Forty-five (145), Union Pacific Railway Co's Second Addition to Grand Island; 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 WILLIAM HARRIS of Lot Five (5), Block One Hundred Forty-five (145), Union Pacific Railway Co's Second Addition to Grand Island, Hall County, Nebraska, is hereby authorized and directed. SECTION 2. The consideration for such conveyance shall be Five Hundred Dollars ($500.00). 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 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 ...........__......iafter .the passage and publication of this ordinance, the city clerk is hereby directed f-.. : .... I ~ land instructed to prepare and publish such notice. f.~ I ~ I SECTION 4. ;: I ~ ito file a remonstrance against the conveyance of such within described real estate; Authority is hereby granted to the electors of the City of Grand Island :i\ ~. ~ liand if a remonstrance against such conveyance signed by legal electors of the City of (J UJ I . _J 'Grand Island equal in number to thirty percent of the electors of the City of Grand . Island voting at the last regular municipal election held in such City be filed with the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance be filed against such conveyance, the mayor and city clerk shall make, execute, and deliver to the said DAVID WILLIAM HARRIS, a special warranty deed for said real estate, and the execution of such deed is hereby authorized wjthout 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 Indepen- dent, as provided by law. Enacted 2/ A/~I/ tf-.S ~~y", ./ . ATIEST'~~ ~ty C erk t , ~- fl ORDINANCE NO. 6965 . An ordinance creating Street Improvement District No. 1033; defining the boundaries of the district; providing for the improvement of a street within the district by paving, guttering, and all incidental work in connection therewith; 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. 1033 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: ::E ..- 0:: Z rt (V) w co :2 g ~ I- Q: ~ c:r.. ~ ~ C\2 W > 0 0 ...J Z 41: Q. Cl ~ I.Ll ..I Beginning at a point on the North line of Wyandotte Street, said point being 100 feet East of the Southwest corner of Lot 16, Holcomb's Highway Homes; thence North on a line 100 feet East of and parallel to the East line of Chanticleer Street to the South line of Holcomb Street; thence West on the South line of Holcomb Street to a point 120 feet West of the West line of Chanticleer Street; thence South on a line to the Northwest corner of Lot 18, Second Addition to Holcomb's Hi?,hway Homes; thence southwesterly on a line to the Southwest corner of Lot 13 of said Second Addition to Holcomb's Highway Homes; thence East on the South line of said Lot 13 a distance of 40 feet; thence southerly on a line parallel to and 120 feet West of the West line of Chanticleer Street to the South line of Lot 11 of Second Addition to Holcomb's Hi~hway Homes; thence East on the North line of Wyandotte Street to the point of beginning, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The following street in the district shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: Chanticleer Street from Wyandotte Street to Holcomb 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. SECTION 4. 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 specially benefited thereby, as provided by law. 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 5' Oe.t!e,.., htr 83 . . , Mayor ATTES~4/U . ' C~ y er f,r ADD. 'S 0 HOl..C 109 II HOLCOMB STREET "0 0 U) U) 120' 00' 100' N 7d 60' 66' 5EG9N~ -~ ,JJOI .0 . 0 (7) (jj 100' b)- . 94.4' " - 70' 117 ' 11714' 1J.y ~ U) S 0 4 18 ~ HIGH - (7) co 0 124.4' ~ - ~ 119,3' 13 V) : ~ 13L6' -2 p~R1 ~ ~~. \/4, '0 c~ 28..\\..92 : N~.\/4 138.7' : - (7) (7) Q Q . "'0 145.9' ~ r:S ~ 153' ~ : HO : . llj ~ "It 13 -- .~ .... 100' -0 ~ "(7) 12 0 2 POINT OF 60' , 80' SO' 60' BEGINNING 120' 20d '0 WYANDOTTE - STREET 0 "0 @ U) U) 2815 ' U) 13.7' 137.3' 144.2' 60' 200 "It) "~ 11 v IS ~ oi s ADD. -(7) U> 144.44' 0 . 148.3' ~ , II 200' EXHIBIT. II A II . CITY OF GRAND ISLAND,NEBRASKA ENGINEERING DEPARTMENT PLAT TO ACCOMPANY ORDINANCE NO. 69G5 STR'EET IMPROVEMENT DIST. 1033 ISCALE (=100' L.D,C. 11/18/83' ORDINANCE NO. 6966 . An ordinance creating Street Improvement District No. 1034; defining the boundaries of the district; providing for the improvement of a street within the district by paving, curbing, guttering, and all incidental work in connection therewith; 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. 1034 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: ~ t- a:: Z f2 C""') l.IJ 00 :E ~ ~ I- Q:: ~ ~ <( e\! Q.. l.IJ >- C 0 ..J a:: z <( 0.. (l' ~ ~ Beginning at the junction of the North right-of-way line of Fourteenth Street and the East right-of-way line of Kimball Street, said point also being the Southwest corner of Lot 6, Block 77, of Wheeler & Bennett's Third Addition; thence proceeding easterly along the North line of Fourteenth Street for a distance of 132 feet; thence deflecting left in a northerly direction 132 feet East of and parallel to the East line of Kimball Street for a distance of 280 feet; thence deflecting left in a westerly direction along the South line of Fifteenth Street for a distance of 132 feet; thence deflecting right in a northerly direction along a line which is the prolongation of the East line of Kimball Street for a distance of 40 feet; thence deflecting left in a westerly direction perpendicular to the East line of Kimball Street for a distance of 80 feet; thence deflecting left in a southerly direction along a line which is the pro- longation of the West line of Kimball Street for a distance of 40 feet; thence deflecting right in a westerly direction along the South line of Fifteenth Street for a distance of 132 feet; thence deflecting left in a southerly direction 132 feet West of and parallel to the West line of Kimball Street for a distance of 280 feet; thence deflecting left in an easterly direction along the North line of Fourteenth Street for a distance of 132 feet; thence deflecting right in a southerly direction along a line which is the prolongation of the West line of Kimball Street for a distance of 40 feet; thence deflecting left in an easterly direction perpendicular to the West line of Kimball Street for a distance of 80 feet; thence deflecting left in a northerly direction along a line which is the pro- longation of the East line of Kimball Street for a distance of 40 feet to the point of beginning, all as sho,"ffi on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The following street in the district shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: Kimball Street from the center line of Fifteenth Street to the center line of Fourteenth 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. SECTION 4. 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 specially benefited thereby, as provided by law. 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 provided by law. ATTEST: ayor . J I I L - - 0 15 TH STREET @ <X) 80' - - 132' ~f- ~ 132' 80' 52.8' II II 52.8' W 52.8' I. 52.8' 80' W 'S .-: W EE 8 0:: .... (f) I- - W ~5 I -N (f) N5 I N W It) I") - I") - 0:: I- W (f) -to to . -cD (0 0:: 0 ::I .~ <( THI 10 -N ca C\J6 10 -N ~ () ~6 >- I") ~ r<> I") <( C/) 32 0 80' 52.8' u II 52.8' 52.8' II II 52B' 80' 132 0 0 132 ~ 80' ~ .0 14 TH STREET 0 <X) Q) ., l I [ . , ;' ." STREET iMPROVEMENT DISTRiCT NO.I034 EXHIBIT I~I CITY OF GRAND ISlAND,NEBR. ENGINEERING OEPARTMENT r PLAT to ACCOMPANY ORDI NANCE NO. 6966 II SCALE 1"=100 L.D.C.. Ill21/83 . / - d~ . ORDINANCE NO. 6967 An ordinance to amend Section 15-33 of the Grand Island City Code pertaining to City landfill rates; to repeal Section 15-33 as heretofore existing; and to provide the effective date of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 15-33 of the Grand Island City Code be amended to read as follows: Sec. 15-33. FEES - GENERALLY All persons who dispose of garbage, refuse, and waste materials at the city sanitary landfill shall pay to the City for such dumping privileges, for each load, an amount as follows: (a) All automobiles - $3.00 per cubic yard; minimum charge, $3.00. (b) Trucks, pickups, trailers, vans, and all other vehicles - $3.00 per cubic yard; minimum charge, $5.00 each vehicle. The aforementioned charges shall be calculated at the rate indicated based upon the capacity of the hauling vehicle, and not on actual amount of refuse being hauled to the land- fill site; provided, that any of the fees set out in subsections (a) and (b) above 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 improve- ment 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 sanitary landfill in the normal course of their business. SECTION 2. That Section 15-33 of the Grand Island City Code as heretofore existing, is hereby repealed. SECTION 3. 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, as provided by law, and on January 1, 1984. Enacted 5d~~Jl.3. -- Mayor ATTES~~ ~ City Clerk ORDINANCE NO. 6968 An ordinance to enact a new Chapter 22 of the Grand . Island City Code pertaining to miscellaneous offenses; to repeal Chapter 22 as heretofore existing; to provide for penalties; to provide for severability; and to provide the effective date of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Chapter 22 of the Grand Island City Code be amended to read as follows: Sec. 22-1. DISTURBING THE PEACE It shall be unlawful for any person to disturb the peace and quiet of any other person by loud noise, music, or language, by fighting or threatening to fight, or by any other offensive action. It shall be unlawful for any person in legal possession or charge of a residence or other private property to permit, or by inaction allow, other persons on the premises to disturb the peace jointly or severally by loud noise, music, or language. Sec. 22-2. TRESPASSING It shall be unlawful for any person to enter onto or remain on any 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 corne to said person's attention, or by fencing or other enclosure mani- festly designed to exclude intruders. Sec. 22-3. LITTERING (a) It shall be unlawful for any person to litter by placing, throwing, dropping, scattering, or otherwise depositing in any manner or by any means, any rubbish, refuse, waste materials, garbage, trash, debris, or other foreign sub- stances, solid or liquid, of any form, size, kind or description, on any public or private property, or in any waters. (b) This prohibition shall not apply to any person who, with the consent of the owner of the property, places such items within a proper receptacle or system. (c) The operator of any motor vehicle from which litter is dropped, thrown, deposited, or dumped in violation of subsection (a) above shall be deemed to have committed this violation. Sec. 22-4. SHOPLIFTING . It shall be unlawful for any person or persons to jointly or severally conceal, switch price tags, or otherwise exercise control over any merchandise of a retail establishment with the intent to deprive the owner of the item of its retail value, whether in whole or in part. APPROVED AS TO FORM (~~J DEe ;.; '(' 1983 LEGAL DEPARTMENT ORDINANCE NO. 6968 (Contd) Sec. 22-5. TAMPERING WITH METER . It shall be unlawful for any person to damage, alter, or otherwise interfere in any manner with any meter made or provided for the measuring or monitoring usage of electricity, gas, water, or audio-visual transmission for which payment is required, without first having the permission of the person or company supplying such services. Sec. 22-6. THEFT OF SERVICES It shall be unlawful for any person to make or knowingly have any unauthorized connection to any electric, gas, water, or cable television service, or part thereof. Sec. 22-7. PUBLIC URINATION It shall be unlawful for any person to urinate or attempt to urinate on the public streets, alleys, or other places open to the public within the City. Sec. 22-8. DISCHARGING FIRE ARMS, AIR RIFLES, ETC. (a) It shall be unlaw'ful for any person, except a law enforce- ment officer in the course of his or her duties, to dis- charge or fire a gun, pistol, fire arm, cannon, air rifle, toy pistol, toy gun, sling shot, or other item designed for the discharge of bullets, missiles, rocks, or other items by operation thereof, anywhere within the City. (b) The above prohibition shall not apply to the discharge of fire arms or toy fire arms at a location designed and utilized for the safe usage of such items. Sec. 22-9. CARRYING LOADED FIREARM, ETC. It shall be unlawful for any person, except a law enforce- ment officer in the course of his or her duties, to carryon his or her person or transport in any vehicle a loaded gun, pistol, air rifle, or other firearm or toy weapon. Sec. 22-10. CONFISCATION AND FORFEITURE Any firearm or other item discharged in violation of Section 22-8, or carried in violation of Section 22-9, shall be con- fiscated and held by the police department pending disposition of the matter. The court may, in addition to the imposition of a fine, order the item to be forfeited as part of the penalty imposed. Sec. 22-11. CURFEW FOR PERSONS UNDER AGE OF 16 YEARS . It shall be unlawful for any person under the age of sixteen (16) years to be upon the public streets or other public places within the City between the hours of 10:30 p.m. and 6:00 a.m. of the following day on all days preceding a school day, nor between the hours of 12:00 Midnight and 6:00 a.m. on the following day on all other days, unless accompanied by a parent, guardian, or an adult having the legal custody and care of such minor person, or unless such minor person is upon an emergency errand or other business directed by his or her parent or legal guardian. - 2 - ORDINANCE NO. 6968 (Contd) Sec. 22-12. TELEPHONIC ALARM SYSTEMS . (a) T~phonic alarm system shall mean any mechanism, equip- ment, or device which is designed to operate automatically through the use of public telephone facilities to transmit a message, signal, or warning to another location. (b) It shall be unlawful for any person to operate or maintain a telephonic alarm system which automatically transmits a message, signal, or warning to the Grand Island Emergency Center "911" system. Sec. 22-13. RESIDENTIAL ALARMS It shall be unlawful for any person to connect any structure used for residential purposes to any alarm system which would transmit a message, signal, or warning, by any means to the Grand Island Emergency Center. Sec. 22-14. HORSES ON CITY STREETS (a) It shall be unlawful for any person to tether, walk, ride, or otherwise permit a horse or horses on or along the public right-of-way of the following streets, except for the purpose of crossing such street: 1. Webb Road 2. Broadwell Avenue from Anna Street to City Limits 3. Eddy Street from Anna Street to State Street 4. Second Street 5. First Street from Greenwich Avenue to Plum Street 6. Locust Street from Hwy 34 to First Street (b) It shall be unlawful for any person to tether, walk, ride, or otherwise permit a horse or horses on or along the public right-of-way anywhere in the central business area, to wit: the area bounded on the north by Fourth Street, on the east by Oak Street, on the south by Koenig Street, and on the west by Eddy Street. (c) This prohibition shall not apply to horses or riders participating in an activity authorized by the City Council, such as a parade. Sec. 22-15. OBSTRUCTING PUBLIC RIGHT-OF-WAY It shall be illegal for any person to erect, plant, place, or maintain, fences, hedges, shrubbery, or other natural or man- made objects or structures on any public right-of-way which interfere with or are hazardous to the City's or the general public's use of the right-of-way. No such objects may be placed on any public right-of-way without the prior consent of the City. Sec. 22-16. OBSTRUCTING PUBLIC EASEMENT . It shall be unlawful for the owner, tenant, or person in charge of private property to erect, plant, place, or maintain trees, fences, hedges, shrubbery, or other natural or man-made objects or structures on any portion of said property on which the City has an easement, where the said object will interfere in any way with the City's rights under the easement in effect. - 3 - ORDINANCE NO. 6968 (Contd) Sec. 22-17. NUISANCES DEFINED The following are hereby declared to be public nuisances: . (a) Any violation of any provision of this code or any ordinance of the City of Grand Island or statute of the State of Nebraska which is consistently repeated or of a continuous and ongoing nature, if uncorrected. (b) Any act or thing done, made, permitted, allowed, or conducted on any property, public or private, by any person, firm, or corporation, their agents or servants, detrimental to the health, or to the damage or injury of any of the inhabitants of the City. Sec. 22-18. MAINTENANCE OF NUISANCE UNLAWFUL It shall be unlawful for any person to maintain a nuisance whether on said person's property, or on public property. Sec. 22-19. PROCEDURE FOR ABATEMENT OF NUISANCES If the owner, occupant, or agent in charge of any lot, building, or other premises, or the person responsible for the maintenance of a nuisance fails to abate said nuisance thirty (30) days after a notice to abate has been mailed to such person or persons, the City Attorney's office may, with the consent of the Mayor, bring legal action to obtain abatement of the nuisance. SECTION 2. That Sections 22-1 through 22-50 of Chapter 22 of the Grand Island City Code as heretofore existing are hereby repealed. SECTION 3. Any person violating the provisions of this ordinance shall be punished in accordance with the general penalty provisions set forth in Section 1-7 of the Grand Island City Code. SECTION 4. In case any section of this ordinance or any part of any section shall be declared invalid or unconstitutional, such declaration of invalidity shall not affect the validity of the remaining portions thereof. 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, as provided by law, and on February 1, 1984. Enacted /~ J4nva,..y /93Y. . ATTE~~ ~ City Clerk L. Kriz, Mayor , t I . I .u..........__...... ORDINANCE NO~ 6969 . 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 15-45 and 15-49 of the Grand Island City Code upon certain lots, tracts, and parcels of land; providing for the collection thereof; and repealing ordinances or parts 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 1QI BLOCK ADDITION AMOUNT John Meves 1 11 Joehnck's $53.00 Don E. Rusinka 1 Stehr's $81.25 C. R. Babel S~ 1 6 Russell Wheeler $37.50 Don E. Rusinka Pt of SEJ,,;SEJ,,;, Sec 10-11-9 $50.00 Regency Construction 11 4 College Addition $40.63 Junious Matthews, Jr. 5 132 UPRY 2nd $50.00 Tom and Mary Chavez 1 7 Lambert's $40.63 ~ I- Wesley Johnson N34.8' of W44' 5 32 Original Town $37.50 0: z: Mike & Debbie Streeter 62 Western Heights $43.75 e m I.LI C. C. Industries E24' 9 and co ~ .~ ~ I- W62' 10 Pleasant View 7th $43.75 Q:: Stephen J. Hughes 17 -25 4' Blain $56.25 0 ~ !~ ; e':l I.LI :815 b S !!!aRl a 1 P8J'lJ'l@!.' !:Ej,Y1U'8 r5~ 25 > a Jerry E. Martin 3 Pleasant View 3rd $43.75 0 -I Ronald E. Pavey 5 0' Neill Subdivision $103.13 :~ z: < Road Runner Development 9-16 1 Roush !tL, Cl I~ I.LI 12-18 2 Roush -J 1-8 5 Roush 1-8 6 Roush $100.00 Gerald W. Jones N55' 4 Koehler Subdivision $50.00 . 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 and shall bear interest at the rate of seven percent per annum from the date they become delinquent, and the same shall be collected in the same manner as other city taxes. SECTION 3. Such special taxes shall be collected by the clerk-finance director of the City of Grand Island, Nebraska, as provided by law. SECTION 4. Such special taxes, if not previously paid, shall be certified to the county clerk at the same time as the next certification for general revenue purposes. SECTION 5. Such special taxes, when received, shall be applied to reimburse the General Fund Account No. 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 5A!}~fl. ATTEST: ~~. / City Clerk . . ORDINANCE NO. 6970 An ordinance establishing a charitable fund for further development of the Grand Island Senior Citizens Center; authori- zing the acceptance of gifts for such project; authorizing the establishment of accounts in each qualified bank of the city for the receipt and acceptance of such gifts; appropriating all such funds received to the development of such project; authorizing the expenditure of such funds for development of such project; repealing ordinances in conflict herewith; and providing an effective date. WHEREAS, plans for further development of the City's Senior Citizens Center, known as the Grand Generation Center, owned by the City of Grand Island, and operated by Grand Generation, Inc., have been proposed; and WHEREAS, persons have indicated an immediate desire to make charitable contributions for development of such project. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby established a charitable fund to be used exclusively for public purposes in the development of said Center for senior citizens. SECTION 2. The city treasurer is authorized to establish a separate account to be known as the City Grand Generation Account in each banking institution within the City authorized to accept municipal funds. SECTION 3. Each banking institution wherein such account has been established is hereby authorized to accept unrestricted charitable contributions of money on behalf of the City for deposit in said account. SECTION 4. All charitable contributions received by the City for said development are hereby appropriated exclusively for public purposes in the development of the facilities . . ORDINANCE NO. 6970 (Contd) for senior citizens in accordance with plans to be submitted to the City by Grand Generation, Inc., and subject to approval by the City. SECTION 5. No city funds other than charitable contributions received for such project shall be transferred to said accounts. SECTION 6. The authority hereinabove granted shall not be interpreted to exceed the authority permitted to qualify the contributions received as charitable contributions under the Internal Revenue Code of the United States. SECTION 7. All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 8. This ordinance shall take effect and be in force from and after its first publication as required by law. Enacted '1.9 Decc.- bet'" l'\ca3 . Mayor ATTE2;;(U~ City Clerk - 2 - ORDINANCE NO. 6971 . An ordinance to extend the boundaries and. include within the corporate limits of and to annex to the City of Grand Island, Nebraska, certain contiguous and adjacent tracts of land and streets and highways in the East Half of the Northwest Quarter (E~NW%) of Section Ten (10), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in Hall County, Nebraska; to provide for service benefits thereto; to provide severability; and to confirm the zoning classification thereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined by such City Council that: (a) The tract of land and streets and Highways in the East Half of the Northwest Quarter (E~NW%) of Section Ten (10), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, as hereinafter more particularly described, are urban and suburban in character and contiguous and adjacent to the corporate limits of such City. and as urban and suburban in character are not agricultural land rural in character; ~ I- ~ z (b) M lLI co ~ .~ S?2 I- a-:: r- ef (c) lLI ~. (;) 0 l'J ~ Q ...J < <.:l ~ lLI (d) -' Police, fire, and snow removal benefits are available thereto, and sanitary sewer and public water service will be available as provided by law; The zoning classification of such tract of land as shown on the official zoning map of the City of Grand Island, Nebraska, is hereby confirmed; There is a unity of interest in the use of such tract of land and highways 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. That 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 and streets and highways in the East Half of the Northwest Quarter (E~NW%) of Section Ten (10), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in Hall County, Nebraska, more particularly described as follows: Beginning at the junction of the East right-of-way line of St. Paul Road and the South right-of-way line of the Capital Avenue outfall ditch; thence proceeding East along the South line of said outfall ditch for a distance of 1,686.18 feet; thence deflecting left in a northerly direction along the West right-of-way line of the U.P.R.R. Ord Branch for a distance of 615.49 feet; thence deflectin~ left in a westerly direction along the North right-of-way line of Capital Avenue; thence deflecting left in a southerly direction along the West line of Lot 2, Lassonde Subdivision, and an extension of this line for a distance of 529.5 feet; thence deflecting right in a westerly direction along the North line of the Capital Avenue outfall ditch for a distance of 1,284.1 feet; thence deflecting left in a southerly direction along the East line of St. Paul Road for a distance of 85 feet to the point of beginning, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. . . ORDINANCE NO. 6971 (Contd) SECTION 4. Such tract of land and streets and highways are hereby annexed to the City of Grand Island, Hall County, Nebraska. SECTION 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 and streets and highways herein annexed, and water service and sanitary sewer service will be available as provided by law. SECTION 6. If any section, subsection, sentence, clause, or phrase 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, clause, or phrase separately. SECTION.7. 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, without the plat, as provided by law. Enacted /9 Dece#+tb~r /183 ATTEST'~~ ~ it C er -T'.. ~.. <. ~ . Ro t/ft. Kl-1:z. Mayor - 2 - i / ~.I 66' 8 U.f>>. R.R. - "0 BRANCH ORO 2 c-1 . 73' 457.49 -* A SSONOE .,.. .... 85' oi ,..: \- I C\ co co 457 , q N 0 "it SUB. .,.. ~ 2 "-: en ,..: en ::I: co ~ 73 456.5' 165.5' 1 - 80.5' 298' C 66' W ::> z ~ilOoQ LLI ...J ~o' ~ ..J i! 5 0 co ID co ID. I 2 .3 LLJ ::> z LLJ ~ ,,- ct <It (Xl N N - - ..J ...J ~ )0. a.. 5' ~ <( - (.) 0.. <( .... 0 66' 298' 165.5' ~ 85' ~ 80.S' ROAO\ -ID PAUL ID S1: ID \D I r POINT OF BEGINNING . . EXHIBITI~I CITY OF GRAND ISLANI?1NEBR. ENGINEERING DEPARTMENT I ANNEXATION PLAT I SCALE 1 ". 200' L .D.C. 12/5/83 ORDINANCE NO. 6971 ORDINANCE NO. 6972 . An ordinance creating Street Improvement District No. 1038; defining the boundaries of the district; providing for the improvement of a street within the district by paving, guttering, and all incidental work in connection therewith; 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. 1038 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: :E I- a: Z 0 m IJJ !.L- eo ~ 0 0> l- f-- 0::: CIl -< <(2\ eo 0.. W ~ U Cl l.u _J 0 <( a.. <..'J a.. lJ.! <( -l Beginning at the junction of the West line of Boggs Avenue and the South line of Tenth Street, said point also being the Northeast corner of Lot One (1), Block Fifteen (15), Boggs and Hill's Addition; thence proceeding westerly along the South line of Tenth Street for a distance of 300 feet; thence deflecting left in a southerly direction perpendicular to the South line of Tenth Street for a distance of 247.04 feet; thence deflecting left in an easterly direction to a point on the Northwest line of Baumann Drive located 138 feet, more or less, Northeast of the Southwest corner of Lot Three (3), Golden Age Second Subdivision; thence deflecting right in a southeasterly direction perpendicular to the Northwest line of Baumann Dirve for a distance of 60 feet; thence deflecting left in a northeasterly direction along the Southeast line of Baumann Drive for a distance of 60 feet: thence deflecting right in an easterly direction for a distance of 200 feet to a point 256.27 feet South of the South line of Tenth Street: thence deflecting left in a northerly direction perpendicular to the South line of Tenth Street for a distance of 256.27 feet: thence deflecting left in a westerly direction along the South line of Tenth Street for a distance of 250 feet to the point of beginning, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The following street in the district shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: Boggs Avenue from its junction with Baumann Drive north to Tenth 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. SECTION 4. 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 specially benefited thereby, as provided by law. 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 /? /)6'~~>>t' j~r Il5 . Kriz, Mayor . ATT~~ ~ty er --- 116.34' ; 6 117.IS' 5 ; 1/8.01' ~~~4 I- ; W 118 . 84 W a:: 3 I- 119.67' (/) 2 ; 120.51' .0 OINT OF Il'l BEGINNING 121.34 ' .~ ~ AVENUE Il'l 122.19' ,! 8 '0 ! "0 I Il'l It'l I 1 , , i ; r\\~J- 123.85,7 . EXHIBIT'~' CITY OF GRAND ISLAND,NEBR. ENGINEERING DEPARTt.1ENT I PLAT. TO ACCOMPANY OR.DINANCE . NO. 6972 I SCALE I"; 100' L.D.C.. 12/6/83 . . .~ GO\..Dt. 2 S~CO~~ ~Gc. '0 B 4n 247.04 ' 130.7' . o o N ; 6 ; 124.68' 5 125.57' 130.7 ' 256.27 ' ; @ 4 su'O. p..OO. : : : 2 . 0 1 0 10 It'I 50' 128.82' .0 10 185.36' . . o 1('1 ,f/ / / /. STREET IMPROVE MENT DISTRICT 1038 50' :r: I- o t , . ~ , ~. ! . ORDINANCE NO. 6973 An ordinance creating Street Improvement District No. 1035; defining the boundaries of the district; providing for the improvement of a street within the district by paving, guttering, and all incidental work in connection therewith; 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. 1035 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at the junction of the north line of Eighth Street and the West line of Custer Avenue, said point also being the Southeast corner of Lot Oae (1), Block Eight (8), of West View Subdivision; thence proceeding North along the West line of Custer Avenue for a distance of 298 feet; thence deflecting left in a westerly direction 298 feet from and parallel to the North line of Eighth Street for a distance of 276 feet; thence deflecting left in a southerly direction along the East line of Howard Avenue for a distance of 298 feet; thence deflecting right in a westerly direction along an extension of the North line of Eighth Street for a distance of 33 feet; thence deflecting left in a southerly direction 33 feet from and parallel to the East line of Howard Street for a distance of 66 feet; thence deflecting left in an easterly direction along an extension of the South line of Eighth Street for a distance of 33 feet; thence deflecting right in a southerly direction along the East line of Howard Street for a distance of 300 feet; thence deflecting left in an easterly direction 300 feet from and parallel to the South line of Eighth Street for a distance of 276 feet; thence deflecting left in a northerly direction along the West line of Custer Avenue for a distance of 300 feet; thence deflecting right in an easterly direction along an extension of the South line of Eighth Street for a distance of 33 feet; thence deflecting left in a northerly direction 33 feet from and parallel to the East line of Custer Avenue for a distance of 66 feet; thence deflecting left in a westerly direction along an extension of the North line of Eighth Street to the point of beginning, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The following street in the district shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: Eighth Street from the centerline of Howard Avenue to the centerline of Custer Avenue. :a: t- o:: Z 0 ("") LJJ \.l- ce :2: ~ ~ t- o:: < 0::> Q. LJJ U 0 W -' 0 c:( C) LJJ -' . 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. SECTION 4. 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 specially benefited thereby, as provided by law. 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 Enacted /? OpCelrlkr.~3 ATTEST: ~ah-4~ City Clerk as provided by law. or \ \ j, \ \ \ \ "~ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ~ l t 1 E)(\-\\ e rr "~ cli'< OF GRAND ISLA! ENG\NEE.R\NG PEPAf1 ----.--;- PLA\' \'0 A~MPAN'1' O~ NO. 6J7"?> .. . "'DROI/Et.lE-NI DISTRICI \0"35 " 0' SCALE \ :: ,0 L.O.C. ORDINANCE NO. 6974 . An ordinance creating Street Improvement District No. 1036; defining the boundaries of the district; providing for the improvement of a street within the district by paving, curbing, guttering, and all incidental work in connection therewith; 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. 1036 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: ~ I- Z w ~ (V') :a: 0) 0 Q") l- I- .- ~ ~ ';0 0... IJJ c...:> 0 w -' ~ Cl <( 0- S ~ -' Beginning at the junction of the East line of Jefferson Street and the South line of Seventh Street, said point also being the Northwest corner of Lot Five (5), Block Fourteen (14), of Wallich's Addition; thence proceeding East along the South line of Seventh Street for a distance of 132 feet; thence deflecting right in a southerly direction 132 feet from and parallel to the East line of Jefferson Street for a distance of 280 feet; thence deflectin~ right in a westerly direction along the North line of Sixth Street for a distance of 132 feet; thence deflecting left in a southerly direction along an extension of the East line of Jefferson Street for a distance of 40 feet; thence deflecting right 40 feet from and parallel to the North line of Sixth Street for a distance of 80 feet; thence deflecting right in a northerly direction along an extension of the West line of Jefferson Street for a distance of 40 feet; thence deflecting left in a westerly direction along the North line of Sixth Street for a distance of 132 feet; thence deflecting right in a northerly direction 132 feet from and parallel to the West line of Jefferson Street for a distance of 280 feet; thence deflecting right in an easterly direction along the South line of Seventh Street for a distance of 132 feet; thence deflecting left in a northerly direction along an extension of the West line of Jefferson Street for a distance of 40 feet; thence deflecting right in an easterly direction 40 feet from and parallel to the South line of Seventh Street for a distance of 80 feet; thence deflecting right in a southerly direction along an extension of the East line of Jefferson Street for a distance of 40 feet to the point of beginning, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The following street in the district shall be so improved by paving, curbing, guttering, and all incidental work in connection therewith: Jefferson Street from the centerline of Sixth Street to the centerline of 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. SECTION 4. The improvements shall be made a.t public cost, but the cost thereof, excluding intersections, shall be assessed upon the lots and lands in the district specially benefited thereby, as provided by law. SECTION 5. This ordinance 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. . . . ORDINANCE NO. 6974 (Contd) 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 /? Pet:!.tUHb"'".. ?...? AT~~ 1ty C erk Mayor -- - 2 - 1- . ~i l ~ s "< W L \C 7 TH so' STREET '0 0 co co "" .0 .0 132' v (if " 52.S' SO' ~ POI T OF ~ ~ BEG I N1NG W - t-= N ~ 5 - 4 2 I N 5 4 I"l 0:: N I"l (f) C\I .... II) ~ Qj (f) 52.a' Z "CD -to -to -to 0 (f) 0 (f) a:: co N ::E w 8 9 10- . 6 7 10 l.L 6 7 <( ~ . C\I l.L C\I O. I"l (:) C\I ~P\ - I"l W <( J 52.S' II 52.8' SO' 52.8 . 52.8' 80" 132' 0 0 - v v STREET 0 6TH 80' 0 CO co I I I I I ] I I r . EXHIBIT'~' CITY OF GRAND .ISLANQ]NEBR. ENGINEERING DEPARTMENT PU~T TC; I~CCO MPAN '( ORC I NANCE:. NO. 6J74 STREET IMPROVEMENT DISTRICT 1036 SCALE I ": lOa' L.D.C. 12/1/83 '~.:'J.:Jf. ORDINANCE NO. 6975 . An prdinance creating Street Improvement District No. 1037; defining the boundaries of the district; providing for the improvement of a street within the district by paving, curbing, guttering, and all incidental work in connection therewith; 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. 1037 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: ::?: I- 0:: Z 0 (""") w u. 00 :?: ~ m I- .- 0:: i~ <t: c:> 0- W '-' 0 ~ W :..J 0:: Cl <t: Q. Cl a.. W <I:: ....I Beginning at the junction of the North line of Hedde Street and the East line of Hope Street, said point also being the Southwest corner of Block Twelve (12) of Pleasant Home Subdivision; thence proceeding easterly along the North line of Hedde Street for a distance of 142.5 feet; thence deflecting left in a northerly direction 142.5 feet from and parallel to the East line of Hope Street for a distance of 428 feet; thence deflecting right for a distance of 52.76 feet, more or less, to the Southwest corner of Lot One (1), O'Neill Third Subdivision: thence deflecting left in a northerly direction 132 feet from and parallel to the West line of Sylvan Street for a distance of 170.1 feet: thence deflecting left in a westerly direction along the North line of O'Neill Third Subdivision and a prolongation of this line for a distance of 510.39 feet: thence deflecting left in a southerly direction for a distance of 632.67 feet, more or less, to a point 296.32 feet West of the \<lest line of Hope Street: thence deflecting left in an easterly direction along the prolongation of the North line of Hedde Street for a distance of 296.32 feet; thence deflecting right in a southerly direction along the \<lest line of Hope Street for a distance of 60 feet: thence deflecting left in an easterly direction along the prolongation of the South line of Hedde Street for a distance of 60 feet; thence deflecting left in a northerly direction along the East line of Hope Street for a distance of 60 feet to the point of beginning, all as shown on the plat marked Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. The following street in the district shall be improved by paving, curbing, guttering, and all incidental work in connection therewith: Hope Street from Hedde Street north, including the cuI de sac. 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. SECTION 4. 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 specially benefited thereby, as provided by law. 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, as provided by law. a legal newspaper published and of general Enacted /1 L>eC'tZ.~Jt.?,.... <J1.3 . Mayor ATTEST: $4J?~ ~ty er ~ \fA, of( ~. · .~\ S~ .\/A 293.251 . \,9 .+1 v.....\ o S~C. ..... 298.5 . C\J f() \r\~ ~ ,...(\1 lOt<) NtD tD ~ c~\..-.\.- 148 510.391 ~\\ 296.32' 148.32 j;: &0 N 149.34 751 74.'34' 30' 62 :56' 90' 35.7 151.44' 0' Nt\ LL 501 142.5' 3 551 56.58' 132' - lCl 10 ~\r\\RD ~ 601 1321 I o ,... - lCl SUB. g @) 2 1321 I- I.LJ g VACATED WINDOLPH ST. lJ.J ~ (f) 60' - o -(\J <D If) ~ 60' r\0~~ -., . (\J ~ w C- O ;C o CD C\l 142.5' @ sue. POI NT OF BEGINNING g HEDDE STREET STREET IMPROVEMENT DISTRICT 1037 - lCl q If) CD z ~ :..J >- Cf) 60' o <D [ - o co tJ w 0:: .- (f) - o Q EXHIBITI~I CITY OF GRAND ISLAND,NEBR. ENGINEERING DEPARTMENT PLAT TO I.-CCOMFANY ORDIMNCEI NO. 69"15 --.--J SCALE t= 100' L..D.~~~ ORDINANCE NO. 6976 An ordinance to amend Section 36-6 of the Grand Island City Code pertaining to Zones Listed; to clarify the category of zones contained in the zoning ordinance; to repeal Section . 36-6 of the Grand Island City Code 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. That Section 36-6 of the Grand Island City Code pertaining to Zones Listed be amended to read as follows: Sec. 36-6. ZONES LISTED In order to carry out the purposes of this ordinance, the City and its jurisdiction is hereby divided into the following zoning districts: AG - Agricultural Zone TA - Transitional Agriculture Zone Rl - Suburban Residential Zone R2 - Low Density Residential Zone R3 - Medium Density Residential Zone R4 - High Density Residential Zone RO - Residential-Office Zone Bl - Light Business Zone B2 - General Business Zone AC - Arterial Commercial Zone B3 - Heavy Business Zone Ml - Light Manufacturing Zone M2 - Heavy Manufacturing Zone -M - Mobile Home Zone CD - Commercial Development Zone ID - Industrial Development Zone RD - Residential Development Zone -A - Airport Zone SECTION 2. That Section 36-6 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 within fifteen days in one issue of the Grand Island Daily Independent, as provided by law. Enacted /?LJ~Ctt.~4~r /?$ . Aif'~~. Mayor . APPROV~S TO. FORM DEe 8 1983 LEGAL DEPARTMENT ORDINANCE NO. 6977 An ordinance to amend Section 15-33 of the Grand Island City Code pertaining to City landfill rates; to repeal Section 15-33 as heretofore existing; to repeal Ordinance No. 6967; . and to provide the effective date of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Section 15-33 of the Grand Island City Code be amended to read as follows: Sec. 15-33. FEES - GENERALLY 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: (a) For general refuse, solid waste, and demolition materials: $3.00 per cubic yard, subject to the following minimum charges: 2 \ I- 0:: Z 0 ("'"') W l.I... ~ I co 0 m l- I- ..- 0:: Cf) <C <(c' 0';) a.. ~j3' w u 0 L.LJ -1 0:: 0 <C a.. <.9 a.. W <( -1 1. For cars and station wagons: $2.25 2. For all other vehicles/trailers: $6.00 (b) For tires: 1. $1.00 per passenger car tires 2. $1. 75 per truck tire 3. $6.00 per implement tire (c) 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: 1. Street sweepings: $1.10 per cubic yard 2. Noncompactible rubble: $1.40 per cubic yard 3. Liquid waste, sludge, onion waste, and loads of tires: $2.00 per cubic yard The aforementioned charges shall be calculated at the rate indicated based upon the capacity of the hauling vehicle, and not on actual amount of refuse being hauled to the transfer station or landfill site; provided, that any of the fees set out in subsections (a), (b), and (c) above 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. . . . ORDINANCE NO. 6977 (Contd) SECTION 2. That Section 15-33 of the Grand Island City Code as heretofore existing is hereby repealed. SECTION 3. That Ordinance No. 6967 of the ordinances of the City of Grand Island is hereby repealed. SECTION 4. 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, as provided by law, and on January 1, 1984. Enacted /' Pcect!!.A4.6ctr /F3~ ATTEST: ~~~~ City Clerk - 2 -