1979 Ordinances
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ORDINANCE NO. 6395
An ordin~nce pertaining to zoning in the City of Grand Island, Nebraska; changing the
classification from M2 - Heavy Manufacturing Zone: to R4- High Density Residential Zone,
of Block 10, Russel Wheeler's Addition in the City of Grand Island, Nebraska; directing
that such change and reclassification be shown on the official zoning map of the City of
Grand Island, Nebraska; and amending the provisions or Section 36-7 to conform to such
reclassification.
WHEREAS, the Regional Planning Commission on December 6, 1978, 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
\~EREAS, after public hearing on December 27, 1978, the City Council found and deter-
mined that the change in zoning be approved and granted;
BE IT ORDAINED BY THE MAYOR P~D COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. That the following described property in the City of Grand Island,
Nebraska, to wit:
Block Ten (10), Russel Wheeler's Addition to the City of
Grand Island, Nebraska,
be, and the same is, hereby rezoned and reclassified and changed to R4 - High Density
Residential Zone classification.
SECTION 2. That the official zoning map of the City of Grand Island be, and the same
is, hereby ordered to be changed, amended, and completed in accordance with this ordinance.
SECTION 3. That the finding and recommendation of the Regional Planning Commission
and the City Council of the City of Grand Island is 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 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 Inde-
pendent.
Enacted
January 8, 1919
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ATTEST, ~
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~ City C1er
LEGAL DEPARTiv1Ef
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ORDINANCE NO, 6397
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 GFAND ISLAND, NEBRASKA;
SECTION 1. A special tax is hereby levied for the cost of cutting, destroying, and
removing weeds and other rank and noxious vegetation upon the hereinafter described lots,
half lots, tracts, and parcels of land in proportion to the special benefits to such real
estate as determined and assessed by the city council sitting as. a Board of Equalization
after due notice thereof, in the following amounts: .~: .-
NAME LOT D. BLK . ADDITION AMOUNT
Kenneth V. Berding N\ of E\ 1 William Frank $35.00
Sena Jones E\ 6 & 7 22 Nagy.s 10,00
Thomas G. and Mary L. Chavez 1 7 Lambert's
and W~ of vacated Evans Street 30.00
Robert M. Briseno 9 & 10 24 Packer & Barr's 2nd
and N~ of vacated Blake Street 25.00
William J. and Ina M. Haney 127 Wes t Lawn 25.00
Martin A. and Sarah E. Bray 8 and W\ 9 11 Evans 25.00
E. Dean and Judith A. Wolfe 1 Centennial Gardens 20.00
Bonnie L. Gilpin 155 Buena Vista 25.00
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
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 January 22, 19]9
97., ~liEtfZ~k:Mayor
ATTEST:
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LEGAL DEPARTMEf
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ORDINANCE NO. 6396
An ordinance to vacate a part of George Street in the City
of Grand Island, Nebraska; 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 part of George Street lying west of the
west line of Custer Avenue, be, and hereby is, vacated, as shown
on the plat marked Exhibit "A", dated 1-4-79, attached hereto
and incorporated herein by reference.
SECTION 2. That the title to that part of the street
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 ownership of such lots or grounds.
SECTION 3. That 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.
FEB 5 1979
Enacted
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OBERTL. ~:rz, Mayor
ATTEST:
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, City Clerk
1979
LEGAL DEPARTMEr
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EXH I BIT -'All
CITY OF GRAND ISLAND, NEBR.
ENGINEERING DEPARTMENT.
I PL AT TO ACCOMPANY ORDINANCE I
_ NO. 6396 . .
(SCALE: 1"=100' K.E.S. 1/4/791
~ _ SOUTH HALF OF .GEORGE STREET
~ VACATED BY ~D. NO. 6396
ORDINANCE NO. 6398
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An ordinance creating Sanitary Sewer District No. 441 in the City of Grand
Island, Nebraska; defining the boundaries of the district; providing for -the laying of
a sanitary sewer main in said district; providing for plans and specifications and
securing bids; providing for the assessment of special taxes for constructing such sewer
and collection thereof; and providing for the effective date thereof.
BE IT ORDAINED BY THE ~~YOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. Sanitary Sewer District No. 441 of the City of Grand Island, Nebraska,
is hereby created for the laying of an eight-inch, or 20.32 centimeters, vitrified clay
pipe, or polyvinalchloride plastic -pipe, and appurtenances thereto.
SECTION 2. The boundaries of such sanitary sewer district shall be as follows:
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Beginning at a point on the north line of Lot Two (2), West Geer
Subdivision, and 35 feet, or 10.668 meters, East of the North,vest
corner of Lot Two (2), West Geer Subdivision; thence running south
on a line parallel to and 35 feet, or 10.668 meters, East of the West
line of Lot Two (2), West Geer Subdivision, for a distance of 168.4
feet, or 51.328 meters, to the North line of the existing easement;
thence running East on the North line of the existing easement for a
distance of 90 feet, or 27.432 meters, to a point on the East line
of Lot Two (2), West Geer Subdivision; thence running South on the
East line of Lot Two (2), West Geer Subdivision, for a distance of
16 feet, or 4.877 meters, to the South line of the existing easement;
thence running West on the South line of the existing easement for a
distance of 90 feet, or 27.432 meters, to a point 35 feet, or 10.668
meters, East of the West line of Lot Two (2), West Geer Subdivision;
thence runnin,g South on a line parallel to and 35 feet, or 10.668 meters,
East of the West line of Lot Two (2), West Geer Subdivision, for a
distance of 196 feet, or 59.741 meters, to a point on the Southwest
line of Lot Two (2), West Geer Subdivision; thence running northwesterly
on the Southwest line of Lots One (1) and Two (2), West Geer Subdivision,
to the Northwest corner of Lot One (1), West Geer Subdivision; thence
running East on the North line of Lots One (1) and Two (2), 1~est Geer
Subdivision, for a distance of 437.12 feet, or 133.234 meters, to the.
point of beginning, all as shown on the plat marked Exhibit "A" attached
hereto and incorporated herein by reference.
SECTION 3. Said improvements shall be made in accordance with plans and speci-
fications prepared by the Engineer for the City who shall estimate the cost thereof, and
submit the same to the City Council, and upon approval of the same, bids for the'construction
of such sanitary sewer shall be taken and contracts entered into in the manner provided
by 1 all' .
SECTION 4. The cost of construction of such improvements shall be assessed against
the property within the district abutting upon the street or other right-of-way within which
such sanitary sewer main will be constructed within such sewerage district to the extent of
benefits to such property by reason of such improvement, and a special tax shall be levied
at one time to pay for such cost of construction as soon as can he ascertained, as provided
by law; and, provided further, such special tax and assessments shall constitute a sinking
fund for the payme;1t of any bonds with interest issued for the purpose of paying the cost of
such sewer in suc~district; such special assessments shall be paid and collected in a fund
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ORDINANCE NO, 6398 (Cont1d)
to be designated and known as the Sewer and Water Extension Fund, and out of which all
warrants issued for the purpose of paying the cost of such sanitary sewer shall be paid.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval, and publication, without the plat, as provided by law.
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in
the office of the Register of Deeds'of Hall County, Nebraska.
SECTION 7. After passage, approval, and publication of this ordinance without
the plat, 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
FEB
5 1979
ATTEST:
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R. L. RETALLICK, City Clerk
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. '~.ROBERT :{... -&RIZ, Mayor
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EXHIBIT "A"
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SANITARY SEWER OISTRICT NO .441
CITY OF GRAND. ISLA.NDtNEBR.~
ENGINEERING DEPARTMENT._l
PLAT TO ACCOMPANYORD.
NO. 6398
lSCALE: 1.'= JQO' L. D.C. 1122179)
ORDINANCE NO. 6399
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An ordinance assessing and levying a special tax to pay the cost of construction of
Sanitary Sewer District No. 435 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
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parcels of land, specially benefited, for the purpose of paying the cost of construction of
said sanitary sewer in Sanitary Sewer District No. 435, 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 havlng 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
Betty Mae Nelson I Von Ohlen 2nd $826.35
Betty Mae Nelson 2 " 558.73
Betty Mae Nelson 3 " 630.03
Betty Mae Nelson 4 " 603.47
Betty Mae Nelson 5 .. 585.65
Betty Mae Nelson 6 " 824.93
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 as the
"Sewer and Water Extension Fund" for Sanitary Sewer District No. 435.
SECTION 5. Any provision of the Grand Island City Code, and any provision of any
ol.'dinance, or part of ordinance, in conflict herewith, is hereby repealed.
Enacted
FEB
5 1979
ATTEST: //~~
CJ.tyClerk
cp~-/'d .
ROBERT ~R.rz, Hayor
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LEGAL DEPARTMEf
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ORDINANCE NO, 6400
An ordinance assessing and levying a special tax to pay the cost of construction of
Sanitary Sewer District No. 440 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 ass~ssed 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, 440, 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 BLK ADDITION AMOUNT
Brent\l7ood Development Company 1 1 Brentwood 2nd $929.31
Brentwood Development Company 2 1 " 939.31
Brentwood Development Company 3 1 " 939.31
Brentwood Development Company 4 1 " 1,014.31
Brentwood Development Company 5 1 " 1,075.66
Brentwood Development Company 6 1 " 1,098.82
li.i Brentwood Development Company 7 1 " 984.58
~ Brentwood Development Company 8 1 " 939.31
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a:: Brentwood Development Company 9 1 " 939.31
<( Brentwood Development Company 10 1 " 939.31
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UJ Brentwood Development Company 11 1 " 939.31
Cl Breritwood Development Company 12 1 " 939.31
..J Brentwood Development Company 13 1 " 939.31
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C!l Brentwood Development Company 14 1 " 939.31
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..J Brentwood Development Company 15 1 " 939.31
Brentwood Development Company 16 1 " 939.31
Brentwood Development Company 17 1 It 1,072.08
Brentwood Development Company 18 1 It 1,159.93
Brentwood Development Company 19 1 " 1,102.85
Brentwood Development Company 20 1 " 1,069.46
Brentwood Development Company n 2 " 929.43
Brentwood Development Company 2 2 It 947.83
Brentwood Development Company 3 2 " 1,011.09
Brentwood Development Company 4 2 " 1,121.52
Brentwood Development Company 5 2 " 864.40
Brentwood Development Company 6 2 " 864.40
Brentwood Development Company 7 2 " 864.40
Brentwood Development Company 8 2 " 864.40
Brentwood Development Company 9 2 " 864.40
Brentwood Development Company 10 2 " 864.40
Brentwood Development Company 11 2 " 864.40
Brentwood Development Company 12 2 " 939.31
Brentwood Development Company 13 2 " 892 . 34
Brentwood Development Company 14 2 " 892.34
Brentwood Development Company 15 2 " 939.31
Brentwood Development Company 16 2 " 939.31
Brentwood Development Company 17 2 " 868.62
Brentwood Development Company 18 2 " 839.88
Brentwood Development Company 19 2 " 810.84
Brentwood Development Company 20 2 " 1,001. 00
Brentwood Development Company 21 2 " 966.81
Brentwood Development Company 22 2 It 801.76
Brentwood Development Company 23 2 " 839.63
Brentwood Development Company 24 2 " 784.10
Brentwood Development Company 25 2 " 940.64
Brentwood Development Company 1 3 " 902.90
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ORDINANCE NO. 6400 (Cont1d)
. Brentwood Development Company 2 3 BrentvlOod 2nd $851.42
Brentwood Development Company 3 3 " 856.38
Brentwood Development Company 4 3 " 861.33
Brentwood Development Company 5 3 .. 867.08
Brentwood Development Company 6 3 ., 872.06
Brentwood Development Company 7 3 It 876.23
Brentwood Development Company 8 3 It 881.19
Brentwood Development Company 9 3 It 886.15
Brentwood Development Company 10 3 It 891.13
Brentwood Development Company 11 3 .. 896.09
Brentwood Development Company 12 3 " 1,042.67
Brentwood Development Company 13 3 " 818.47
Brent~.mod Development Company 14 3 .. 970.55
Brentwood Development Company 15 3 .. 970.28
Brentwood Development Company 16 3 It 970.04
Brentwood Development Company 17 3 It 969.80
Brentwood Development Company 18 3 " 969.56
Brentwood Development Company 19 3 .. 969.31
Brentwood Development Company 20 3 It 969.05
Brentwood Development Company 21 3 .. 968.80
Brentwood Development Company 22 3 " 968.55
Brentwood Development Company 23 3 It 968.30
Brentwood Development Company 24 3 It 1,038.88
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 as the
"Sewer and Water Extension Fund" for Sanitary Sewer District No. 440.
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
FEB
!) 197q
(12 Ln~~
ru ROB.a't~!j.:..J<:RIZ, Mayor
A'l:TEST, ~
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ORDINANCE NO, 6401
An ordinance to amend Article IV of Chapter 29 of the Grand Island City Code entitled
"Sewer Rates and Charges"; to amend Sections 29-50, 29-51, 29-52, and 29-59 to incorporate
the sewer charges established by this ordinance; to repeal the original Sections 29-50,
29-51, 29-52, 29-57.1, and 29-59 as heretofore existing; to enact a new Section 29-50.1
entitled "Service Charges", and a new Section 29-50.2 entitled "Extra Strength Surcharge
and Industrial Four Part Charge"; 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 Article IV of Chapter 29 of the Grand Island City Code be amended
by the addition of a new Section 29-50.1 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 $2.20 regardless of the volume of sewage
contributed.
The service charge for sewage contributions to consumers and users
who are billed monthly shall be $0.90 regardless of the volume of sewage
contributed."
SECTION 2. That Section 29-50 of the Grand Island City Code is 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 $0.33 per 100 cubic feet."
SECTION 3. That Article IV of Chapter 29 of the Grand Island City Code be amended
by the addition of a new Section 29-50.2 to read as follows:
"Sec. 29-50.2. EXTRA STRENGTH SURCHARGE AND INDUSTRIAL FOUR PART CHARGE
Extra Strength Surcharge
An industrial waste surcharge shall be asse.ssed against any person dis-
charging 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
$0.1102 per pound of BOD loading in excess of 300 mg/l
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Suspended Solids Charge
$0.0358 per pound of SS loading in excess of 300 mg/l
Customer Charge
The specific costs incurred by the City associated with
monitoring and determining flow and strength.
mg/l - milligrams per liter
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ORDINANCE NO. 6401 (Cont'd)
Industrial Four Part Charge
The industrial service four part charges will be applied to those
industrial users who certify that their sewage contributions are less than
normal strength wastewater and such customers shall be billed at the following
charges:
Wastewater Volume $0.0929/Ccf*
Biochemical Oxygen Demand (BOD) $0.1102/pound
Suspended Solids (SS) $0.0358/pound
Customer Charge - The specific costs incurred by the City associated
with monitoring and determining flow and strength and/or checking
the users certification.
*$0.0772/Ccf for wastewater contributed at the treatment plant.
Ccf - 100 cubic feet"
SECTION 4. That Section 29-52 of Article IV of Chapter 29 of the Grand Island City
Code be amended to read as follows:
"Sec. 29-52. CONSUMERS OUTSIDE CITY
For connection with and service by the municipal sewer system outside the
corporate limits of the City of Grand Island, each consumer or user shall pay
charges twice that prescribed in Sections 29-50.1, 29-50, 29-50.2, and 29-51.
Connections with said system outside the corporate limits of the City may be
made only when permission thereof is granted by the Council of the City of
Grand 'Island. "
SECTION 5. That Section 29-51 of Article IV of Chapter 29 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 the
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 minimum charge for sewage contributions to consumers and users who
are not required to meter their water supply shall be $10.00 per quarter, and
such consumers or users shall be billed quarterly only."
SECTION 6. That Section 29-59 of the Grand Island City Code is hereby amended to
read as follows:
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ORDINANCE NO. 6401 (Cont'd)
"Sec. 29-59. CHARGES FOR RECEIPT OF SEPTIC TANK SLUDGE
Septic tank sludge or waste from a recreational vehicle may be
deposited at the City's Water Pollution Control Plant in a location designated
by the superintendent of the said plant or his representative after payment of
a fee in accordance with the following schedule for ordinary septage having
strengths up to 6,000 mg/1 BOD and 20,000 mg/1 SS:
$2.00 per 100 gallons, or fraction thereof, of tank capacity
Minimum Fee - $4.00
For septage having strengths of more than 6,000 mg/1 of BOD and 20,000 mg/1
of SS charges shall be calculated by applying the industrial four part rate
specified in Section 29-50.2."
SECTION 7. That the original Sections 29-50, 29-51, 29-52, 29-57.1 and 29-59 of the
Grand Island City Code, as heretofore existing, be, and the same are hereby repealed.
SECTION 8., That all ordinances or parts of.ordinances or provisions in the Grand Island
City Code in conflict herewith, be, and the same are, hereby repealed.
SECTION 9. That the charges as defined herein, shall become effective May 1, 1979,
and shall be reflected on billings which are issued on or after August 1, 1979.
SECTION 10. 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 ql law provided.
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"Enacted March '5. 1979
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Cl.ty C er
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. ROBERT L. KRl ayor
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ORDINANCE NO. 6402
An ordinance to vacate an existing public utilities easement
in Union Pacific Railway Company's 2nd Addition to the City of
Grand Island, Nebraska; and to provide the effective date of this
ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. That the following easement be, and hereby is,
vacated:
Beginning at the Southeasterly corner of Lot 8, Block 152,
Union Pacific Railway Company's 2nd Addition to the City
of Grand Island, Nebraska; thence running Southeasterly on
the prolongation of the east line of said Block 152 for a
distance of 106.90 feet, or 32.583 meters, to the Northerly
right-of-way line of Sutherland Street; thence running Westerly
on the Northerly right-of-way line of Sutherland Street for
a distance of 220.88 feet, or 67.324 meters; thence running
Northeasterly on the South line of said Block 152 for a
distance of 193.40 feet, or 58.948 meters, to the point of
beginning, except for the Easterly 8 feet, or 2.48 meters,
which the City of Grand Island hereby reserves as a public
utility easement, all as shown on the plat marked Exhibit
"A" attached hereto and incorporated herein by reference.
SECTION 2. That the title to the easement vacated by Section
1 of this ordinance shall revert to the owner or owners of the
property abutting said vacated easement.
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.
SECTION 4. This ordinance shall be in force and take effect
from and after its passage, approval, and publication, without the
plat, within fifteen days in one issue of the Grand Island Daily
Independent, as provided by law.
Enacted February 19, 1979
ATTEST:
~~~
City Clerk
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OBERT L. K I2, Mayor
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ORDINANCE NO. 6403
An ordinance to repeal Ordinance No. 6396; 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. 6396 which vacated that
part of George Street lying west of the west line of Custer
Avenue, be, and hereby is, repealed.
SECTION 2. That this ordinance is hereby directed to be
filed in the office of the Register of Deeds, Hall County,
Nebraska.
SECTION 3. This ordinance shall be in force and take
effect from and after its passage and publication within
fifteen days in one issue of the Grand Island Daily Independent,
as provided by law.
Enacted February 19. 1979
~R~~OR
ATTEST:
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- City Clerk
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LEGAL DEPARTMEi
.
.
ORDINANCE NO. 6404
An ordinance to vacate a part of an existing public
utilities easement in Lot 7, Block 1, Lambert's Second Addition;
and to provide the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That the southerly two (2) feet of the
existing twelve (12) foot public utilities easement on the North
side of Lot Seven (7), Block One (1), Lambert's Second Addition in
the City of Grand Island, Nebraska, as shown on the plat marked
Exhibit "A" attached hereto and incorporated herein by reference,
be, and hereby is, vacated.
SECTION 2. That the title to that part of the public
utilities easement vacated by Section 1 of this ordinance shall revert
to the owner or owners of the property abutting said vacated
easement.
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.
SECTION 4. This ordinance shall be in force and take
effect from and after its passage, approval, and publication,
without the plat, within fifteen days in one issue of the Grand
Island Daily Independent, as provided by law.
Enacted
March 1 9, 1979
filE~IZ' Mayor
ATTEST:
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ity Clerk
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1979
LEGAL DEPARTMEf
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ORDINANCE NO. 6405
An ordinance creating Street Improvement District No. 973; 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 for
an effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. Street Improvemen~ District No. 973 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 on the north line of Spruce Road and 187 feet, or
56.998 meters, east of the easterly line of Spring Road; thence running
easterly on the north line of Spruce Road for a distance of 113 feet, or
34.442 meters, to a point 300 feet, or 91.44 meters, east of the easterly
line of Spring Road; thence running southerly on a line parallel to and
300 feet, or 91.44 meters, east of the easterly line of Spring Road for
a distance of 584.4 feet, or l78.~25 meters, to a point on the southerly
line of Stolley Park Road; thence running westerly on the southerly line
of Stolley Park Road for a distance of 560 feet, or 170.688 meters; thence
running northerly on a line parallel to and 200 feet, or 60.96 meters,
west of the westerly line of Spring Road for a distance of 1248.62 feet,
or 380.579 meters, to a point on the northerly line of Church Road; thence
running easterly on the northerly lin~ of Church Road for a distance of
447 feet, or 136.247 meters; thence running southerly on a line parallel
to and 187 feet, or 56.998 meters, east of the easterly line on Spring
Road, for a distance of 664.14 feet, or 202.430 meters, to a point on
the northerly line of Spruce Road, being the point of beginning, all as
shown on the plat marked Exhibit "A" attached hereto and incorporated
herein by reference.
S&CTION 3. The following street in the district shall be improved by paving, curbing,
guttering, and all incidental work connected therewith:
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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 lndependent, a legal
newspaper published in and of general circulation in said City, as provided by law.
Enac ted
March 19, 1979
ATTEST:
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ORDINANCE NO. 6406
An ordinance to amend Section 2 of Ordinance No. 6289 which created Street
Improvement District No. 951; to redefine the boundaries of the district; to repeal the
original Section 2; and to provide for an effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. That Section 2 of Ordinance No. 6289 be, and hereby is, amended to
read as follows:
"Section 2. The boundaries of the district shall be as follows:
Beginning at a point on the westerly line of Vine Street and 132 feet,
or 40.234 meters, northerly of the northerly line of 16th Street; thence
running southerly on the westerly line of Vine Street for a distance of
344 feet, or 104.851 meters, to a point 132 feet, or 40.234 meters,
southerly of the southerly line of 16th Street; thence running westerly
on a line parallel to and 132 feet, or 40.234 meters, southerly of the
southerly line of 16th Street for a distance of 264 feet, or 80.467
meters, to the easterly line of Oak Street; thence running northerly on
the easterly line of Oak Street for a distance of 344 feet, or 104.851
meters, to a point 132 feet, or 40.234 meters, northerly of the northerly
line of 16th Street; thence running easterly on a line parallel to and
132 feet, or 40.234 meters, northerly of the northerly line of 16th Street
for a distance of 264 feet, or 80.467 meters, to the westerly line of
Vine Street, being the point of beginning, all as shown on the plat
marked Exhibit "A" attached hereto and incorporated herein by reference."
SECTION 2. That the original Section 2 of Ordinance No. 6289 be, and hereby
is, repealed.
SECTION 3. This ordinance with the plat, 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, approval, and publication, without the plat, as provided by law.
Enacted
March 19, 1979
~.Lu-~ _
BERT L. KIO:r,.mayor
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EXHIBIT nAn
AMENDED BY ORD. NO. 6406
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CITY OF GRANO ISLAND, NEBRASK~
ENGINEERING DEPARTMENT
PLAT TO ACCOMPANY ORD. NO.
, 6289.
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ORDINANCE NO. 6407
.
An ordinance creating Street Improvement District No. 971, defining the boundaries
of the district, and providing for the improvement of a street within the district by
paving, guttering, and all incidental work in connection therewith.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. Street Improvement District No. 971 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 on the westerly line of Howard Avenue and 298 feet,
or 90.830 meters, north of the northerly line of Tenth Street; thence
running southerly on the westerly line of Howard Street for a distance
of 644 feet, or 196.291 meters, to a point 300 feet, or 91.440 meters,
South of the southerly line of Tenth Street; thence running westerly on
a line parallel to and 300 feet, or 91.440 meters, South of the south0rly
line of Tenth Street for a distance of 914.5 feet, or 278.740 meters,
to a point on the South prolongation of the easterly line of Hancock
Avenue; thence running northerly on the South prolongation of the easterly
line of Hancock Avenue for a distance of 664 feet, or 196.291 meters, to
a point 298 feet, or 90.830 meters, North of the northerly line of Tenth
Street; thence running easterly on a line parallel to and 298 feet, or
90.830 Ineters, North of the northerly line of Tenth Street for a distance
of 914.5 feet, or 278.740 meters, to the westerly line of Howard Avenue,
being 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:
Tenth Street from the westerly line of Howard Avenue to the easterly
line of Hancock Avenue.
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 Registered 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 in and of general circulation in said City, as provided by law.
Enacted
May 14, 1979
AmST, RdU~/
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Mayor
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LEGAL DEPARTMEr
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ORDINANCE NO. 6408
.
An ordinance creating Street Improvement District No. 972, defining the boundaries of
the district, and providing for the improvement of a street within the district by paving,
guttering, and all incidental work in connection therewith.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. Street Improvement District No. 972 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 on the southerly line of Tenth Street and 200 feet,
or 60.96 meters, East of the easterly line of White Avenue; thence running
southerly on a line parallel to and 200 feet, or 60.96.meters, East of the
easterly line of White Avenue for a distance of 359.78 feet, or 109.661 meters,
to a point on the southerly line of Ninth Street; thence running westerly on
the southerly line of Ninth Street extended for a distance of 450 feet, or
137.16 meters; thence running northerly on a line parallel to and 200 feet,
or 60.96 meters, West of the westerly line of White Avenue for a distance of
351.39 feet, or 107.104 meters, to a point on the southerly line of Tenth
Street; thence running easterly on the southerly line of Tenth Street for a
distance of 450 feet, or 137.16 meters, to a point 200 feet, or 60.96 meters,
East of the easterly line of White Avenue, being 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.
White Avenue from the northerly line of Ninth Street to the southerly line
of 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
or the Register of Deeds, Hall County, Nebraska.
SECTION 7. After passage, approval, and publication of this ordinance, notice of the
creation of said district shall be published in the Grand Island Daily Independent, a legal
newspaper published and of general circulation in said City, as provided by law.
Enacted
March 19, 1979
ATTIlST, v1Jf~~
City Cler
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LEGAL DEPARTME,
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EXHIBIT nAil
WHITE AVENUE PAVING DISTRICT NO. 972
--
CITY OF GRAND ISLAND. NEBR.
ENGINEERING DEPAHTMENI
[ PLA~O:~:~gMPANY OBO.
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.
.
ORDINANCE NO. 6409
An ordinance to amend Section 2 of Ordinance No. 6274 which created Sanitary Sewer
District No. 380 in the City of Grand Island, Nebraska; to redefine the boundaries of the
district; to repeal the original Section 2; and to provide for the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. That Section 2 of Ordinance No. 6274 be, and hereby is, amended to read
as follows:
.
"Section 2. The boundaries of such sanitary sewer district shall be as follows:
Beginning at the Northwest corner of Lot 25, Matthews Subdivision in the
City of Grand Island, Hall County, Nebraska; thence easterly along the North
line of said Lot 25 a distance of 822.48 feet (250.6919 meters) to the Northeast
corner of said Lot.25; thence southerly along the East line of said Lot 25 a
distance of 22 feet (6.7056 meters); thence northeasterly along the southerly
line of Lot 3, Mil-Nic Addition to the City of Grand Island, Hall County,
Nebraska, a distance of 52.7 feet (16.0630 meters); thence southerly along a
line parallel to and 40.5 feet (12.3444 meters) East of the East line of said
Lot 25 a distance of 100 feet (30.4800 meters): thence westerly along a line
parallel to and 100 feet (30.4800 meters) South of the East prolongation of
the North line of said Lot 25 a distance of 40.5 feet (12.3000 meters) to the
East line of said Lot 25; thence southerly along the East line of said Lot 25
to the centerline of Wood River, said point lying 324.65 feet (98.9533 meters)
southerly of the Northeast corner of said Lot 25; thence deflecting right
230 55' 50" and running southwesterly along said centerline of Wood River a
distance of 98.4 feet (29.9923 meters).; thence deflecting right 630 39' 10"
and running wester16 a distance of 417.33 feet (127.2022 meters); thence
deflecting right 91 53' and running northerly a distance of 168.21 feet
(51. 2704 meters); thence deflecting left 900 01' 50" and running westerly a
distance of 361.5 feet (110.1852 meters) to the Westline of said Lot 25;
thence northerly along the West line of said Lot 25 a distance of 268.33 feet
(81. 7870 meters) to the place of beginning, all as shown on the plat marked
Exhibit "A" attached hereto and incorporated herein by reference."
SECTION 2. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds, Hall County, Nebraska.
SECTION 3.. That the original Section 2 of. Ordinance No. 6274 be, and hereby is,
repealed.
SECTION 4. This ordinance shall be in force and take effect from and after its
passage, approval, and publication, without the plat, as provided by law.
Enacted
March 19, 1979
ATTEST: p::;?1!t-" ~~L ~
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LEGAL DEPARTMEf
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CITY OF GRAND' ISLAND, NEBR.
ENGINEERING DEPAHTMENT.
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U40. 6409.
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ORDINANCE NO. 6410
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An ordinance creating Water Main District No. 346 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 thereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. Water Main District No. 346 in the City of Grand Island, Nebraska, is
hereby created for the laying of a six inch, or 15.24 centimeters, water main in Sunny
Acres Subdivision from the existing water main in Hope Street.
SECTION 2. The boundaries of such water main district shall be as follows:
Beginning at a point on the easterly line of Hope Rtreet and 9.92 feet, or
3.024 meters, North of the northerly line of Hedde Street; thence running
southerly on the easterly line of Hope Street for a distance of 349.92 feet,
or 106.656 meters, to the northerly line of Lot 5, Grarld Island School Addition;
thence running westerly on the northerly line of Lot 5, Grand Island School
Addition for a distance of 34.6 feet, or 10.546 meters, to the easterly line
of Sunny Acres Subdivision; thence running southerly on the easterly line of
Sunny Acres Subdivision for a distance of 375.6 feet, or 114.483 meters, to
the Southeast corner of Sunny Acres Subdivision; thence running westerly on
the South line of Sunny Acres Subdivision for a distance of 621.77 feet, or
189.516 meters, to the southwest corner of Sunny Acres Subdivision; thence
running northerly on the West line of Sunny Acres Subdivision for a distance
of 726.31 feet, or 221.379 meters, to the Northwest corner of Sunny Acres
Subdivision; thence running easterly on the North line of Sunny Acres
Subdivision for a distance of 654.48 feet, or 199.486 meters, to a point on
the easterly line of Hope Street, 9.92 feet, or 3.024 meters, North of the
Northerly line of Hedde Street, being the point of beginning, all as shown
on the plat marked Exhibit "A" attached hereto and incorporated herein by
reference.
SECTION 3. Said improvements shall be made in accordance with plans and specifications
prepared by the Engineer for the City who shall estimate the cost thereof, and submit the
same to the City Council, and upon approval of the same, bids for the construction of such
water main shall be taken and contracts entered into in the manner provided by law.
SECTION 4. The cost of construction of such improvement shall be assessed against the
property within such district abutting upon the street wherein 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
suc~ 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. 346, or the Water Surplus Fund.
SECTION 5. This ordinance shall be in force and take effect from and after its passage,
approval, and publication, without the plat, as provided by law.
.
LEGAL DEPARTMEf
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ORDINANCE NO. 6410 (Cont'd)
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
April 2, 1979
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ORDINANCE NO. 6411
An ordinance creating Sanitary Sewer District No. 442 in the City of Grand Island,
Nebraska; defining the boundaries of the district; providing for the laying of a sanitary
sewer main in said district; providing for plans and specifications and securing bids;
providing for the assessment of special taxes for constructing such sewer and collection
thereof; and providing for the effective date thereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
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SECTION 1. Sanitary Sewer District No. 442 of the City of Grand Island, Nebraska,
is hereby created for the laying of an eight-inch vitrified cla~, or polyvinalchloride
plastic pipe, line and appurtenances thereto.
SECTION 2. The boundaries of such sanitary sewer district shall be as follows:
Beginning at a point on the easterly line of Hope Street and 9.92 feet,
or 3.024 meters, North of the northerly line of Hedde Street; thence
running southerly on the easterly line of Hope Street for a distance of
349.92 feet, or 106.656 meters, to the northerly line of Lot 5, Grand
Island School Addition; thence running westerly on the northerly line
of Lot 5, Grand Island School Addition for a distance of 34.6 feet, or
10.546 meters, to the easterly line of Sunny Acres Subdivision; thence
running southerly on the easterly line of Sunny Acres Subdivision for a
distance of 375.6 feet, or 114.483 meters, to the southeast corner of
Sunny Acres Subdivision; thence running westerly on the south line of
Sunny Acres Subdivision for a distance of 691.77 feet, or 210.852 meters,
to a point on the westerly line of Adams Street; thence running northerly
on the westerly line of Adams Street for a distance of 1,761.31 feet, or
536.847 meters; thence running easterly on a line perpendicular to the
westerly line of Adams Street for a distance of 70 feet, or 21.336 meters,
to the easterly line of Adams Street; thence running southerly on the
easterly line of Adams Street for a distance of 1,035 feet, or 315.468
meters, to the Northwest corner of Sunny Acres Subdivision; thence
running easterly on the North line of Sunny Acres Subdivision for a
distance of 654.48 feet, or 199.486 meters, to a point on the easterly
line of Hope Street, 9.92 feet, or 3.024 meters, North of the northerly
.line of Hedde Street, being the point of beginning, all as shown on the
plat marked Exhibit "A" attached hereto and incorporated herein by
reference.
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SECTION 3. Said improvements shall be made in accordance with plans and specifications
prepared by the Engineer for the City who shall estimate the cost thereof, and submit the
same to the City Council, and upon approval of the same, bids for the construction of such
sanitary sewer shall be taken and contracts entered into in the manner provided by law.
SECTION 4. The cost of construction of such improvements shall be assessed against
the property within the district abutting upon the street or other right-of-way within which
such sanitary sewer main will be constructed within such sewerage district to the extent of
benefits to such property by reason of such improvement, and a special tax shall be levied
at one time to pay for such. cost of construction as soon as can be ascertained, as provided
by law; and, provided further, such special tax and assessments shall constitue a sinking
. fund for the payment of any bonds with interest issued for the purpose of paying the cost
of such sewer in such district; such special assessments shall be paid and collected in a
fund to be designated and known as the Sewer and Water Extension Fund, and out of which
all warrants issued for the purpose of paying the cost of such sanitary sewer shall be paid.
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ORDINANCE NO. 6411 (Cont'd)
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval, and publication, without the p~at, as provided by law.
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds of Hall County, Nebraska.
SECTION 7. After passage, approval, and publication of this ordinance without the
plat, 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 pro-
vided by law.
Enacted
April 2, 1979
ATTEST:
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ORDINANCE NO. 6412
An ordinance creating Street Impravement District No. 976; defining the boundaries af
the district; providing far the impravement of a street within the district by paving,
curbing, guttering, and all incidental wark in conhectian therewith; and to provide for an
effective date af this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. Street Impravement District No. 976 in the City af Grand Island, Nebraska,
is hereby created.
SECTION 2. The baundaries of the district shall be as follows:
Beginning at a paint an the sautheasterly line af Lat TwO' (2), Cammercial
Industrial Park Secand Subdivisian, and 62.65 feet, ar 19.096 meters,
Sauthwest af the Sautheast corner of said Lot TwO' (2); thence running sauth-
westerly an the sautheasterly line af said Lat TwO' (2) far a distance af 240
feet, mare ar less, ar 73.152 meters, mare ar less; thence running westerly
on a line parallel to' and 300 feet, ar 91.44 meters, Sauth af the sautherly
line af Frantage Raad far a distance af 525 feet, ar 160.02 meters, mare ar
less, to' a paint an the West line of Industrial Lane; thence running nartherly
an the West line af Industrial Lane far a distance af 360 feet, ar 109.728
meters, to' a paint an the Narth line af Frantage Raad; thence running easterly
an the North line af Frantage Raad far a distance af 724 feet, or 220.675 meters;
thence running sautherly on a line parallel to' and 50 feet, ar 15.240 meters,
West af the easterly line af said Lot Two' (2) far a distance of 227.3 feet,
or 69.281 meters, to' a point an the sautheasterly line of said Lot TwO' (2),
being the paint of beginning, all as shawn an the plat marked Exhibit "A"
attached hereto and incorparated herein by reference.
SECTION 3. The following street in the district shall be impraved by paving, curbing,
,guttering, and all incidental wark in cannection therewith.,
Frontage Raad fram the easterly line af Industrial Lane to' a point 50 feet,
or 15.24 meters, West af the East line af Lot Two' (2), Cammercial Industrial
Park Secand Subdivisian.
Said improvements shall be made in accordance with plans and specifications prepared by the
Engineer far the City and appraved by the Mayar and Cauncil.
SECTION 4. The improvements shall be made at public cast, but the cast thereof,
,excluding inters~ctians, shall be assessed up an the lats and lands in the district specially
,benefited thereby, as pravided by law.
SECTION 5. This ardinance shall be in farce and take effect fram and after its passage,
approval, and publicatian, withaut the plat, as pravided by law.
SECTION 6. This ardinance, with the plat, is hereby directed to' be filed in the affice
of the Register of Deeds, Hall Caunty, Nebraska.
SECTION 7. After passage, approval, and publicatian af this ordinance, notice of the
creatian 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 April 2, 1979
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Mayor
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CITY OF GRAND, ISLAND,NEBR.
ENGIN EERINGDEPARTME NT.'
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ORDINANCE NO. 6413
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An ordinance creating Street Improvement.District No, 974; defining the boundaries of
the district; providing for the improvement of streets within the district by paving, curbing,
guttering, and all incidental work in connection therewith; and to provide for an 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, 974 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 on the westerly line of Sylvan Street and 300 feet, or
91.440 meters, North of the northerly line of Hedde Street; thence running
southerly on the westerly line of Sylvan Street for a distance of 300 feet, or
91.440 meters, to the northerly line of Hedde Street; thence running easterly
on the northerly line of Hedde Street for a distance of 60 feet, or 18.288 .
meters, to the easterly line of Sylvan Street; thence running southerly on
the easterly line of Sylvan Street for a distance of 60 feet, or 18.288 meters,
to the southerly line of Hedde Street; thence running westerly on the southerly
line of Hedde Street for a distance of 60 feet, or 18.288 meters, to the westerly
line of Sylvan Street; thence running southerly on a line parallel to and 285
feet, or 86.868 meters East of the easterly line of Hope Street and the South
prolongation of the easterly line of Hope Street for a distance of 300 feet, or
91.440 meters; thence running westerly on a line parallel to and 300 feet, or
91.440 meters, South of the southerly line of Hedde Street for a distance of
285 feet, or 86.868 meters, to a point on the South prolongation of the easterly
line of Hope Street; thence running southerly on the south prolongation of the
easterly line of Hope Street for a distance of 240 feet, or 73.152 meters; thence
running westerly on the East prolongation of the southerly line of Church Road
and on the southerly line of Church Road for a distance of 206.06 feet, or 62,807
meters; thence running northerly on the westerly line of Hope Street for a
distance of 180 feet, or 54.864 meters, to a point on the westerly line of Hope
Street located 120 feet, or 36.576 meters, South of the southerly line of Hedde
Street; thence running westerly on a line parallel to and 120 feet, or 36.576
meters, South of the southerly line of Hedde Street for a distance of 520 feet,
or 158.496 meters, to a point on the westerly line of Adams Street; thence
running northerly on the westerly line of Adams Street for a distance of 426.31
feet, or 129.939 meters; thence running easterly on the northerly line of Sunny
Acres Subdivision for a distance of 724.48 feet, or 220.822 meters, to a point
on the easterly line of Hope Street, being 9.92 feet, or 3.024 meters, North of
the northerly line of Hedde Street; thence running northerly on the easterly line
of Hedde Street for a distance of 290.08 feet, or 88.416 meters; thence running
easterly on a line parallel to and 300 feet, or 91.440 meters, North'of the
northerly line of Hedde Street for a distance of 285 feet, or 86.868 meters, to
a point on the westerly line of Sylvan Street, being the point of beginning, all
as shown on the plat marked Exhibit "A" attached hereto and incorporated herein
by reference.
SECTION 3. The following streets in the district shall be improved by paving, curbing,
guttering, and all incidental work connected therewith:
Hedde Street from Sylvan to Hope; Hope Street from Hedde to Hedde; and.Hedde
Street from Hope Street to Adams 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.
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LEGAL DEPARTMEt -
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ORDINANCE NO. 6413 (Cont'd)
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 leg~l
newspaper published and of general circulation in said City, as provided by law.
Enacted
May 14, 1919
p.i;t*,
ROBERT ~"Z. Mayor
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ORDINANCE NO. 6414
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An ordinance creating Street Improvement District No. 975; 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 to provide for
an 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. 975 in the City of Grand Island, Nebraska,
is hereby created.
SECTION 2. The boundaries of the district shall be as follows:
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Beginning at a point on the east line of Hope Street and 175.6 feet, or
53.523 meters, South of the South line of Hedde Street; thence running
southerly on the East line of Hope Street for a distance of 104.4 feet,
or 31.821 meters, to the North line of Lot 5, Grand Island School Addition;
thence running westerly on the north line of said Lot 5 for a distance of
15 feet, or 4.572 meters, to a point 300 feet, or 91.44 meters, West of the
westerly line of Sylvan Street; thence running southeasterly and thence sou-
therly on a line parallel to and 300 feet, or 91.44 meters, West of the
westerly line of Sylvan Street, to a point in Lot 4, Grand Island School
Addition, located 42 feet, or 12.802 meters, West of the westerly line of
said Lot 4, and 180 feet, or 54.864 meters, South of the northerly line
of said Lot 4; thence running westerly on a line parallel to and 180 feet,
or 54.864 meters, South of the northerly line of Lots 2, 3, and 4, Grand
Island School Addition, for a distance of 734.6 feet, or 223.906 meters,
to a point on the westerly line of Adams Street; thence running northerly
on the westerly line of Adams Street for a distance of 480 feet, or 146.304
meters; thence running easterly on a line parallel to and 120 feet, or
36.576 meters, South of the southerly line of Hedde Street for a distance
of 295 feet, or 89.916 meters, to a point on the North line of Lot 13,
Sunny Acres Subdivision, located 25 feet, or 7.620 meters, East of the
Northwest corner of said Lot 13; thence running northerly on a line parallel
to and 225 feet, or 68.580 meters, East of the easterly line of Adams Street
for a distance of 180 feet, or 54.864 meters, to a point on the northerly
line of Hedde Street; thence easterly on the northerly line of Hedde Street
for a distance of 430.12 feet, or 131.101 meters, to a point on the easterly
line of Hope Street, being the point of beginning, all as shown on the
'plat marked Exhibit "A" attached hereto and incorporated herein by reference.
SECTION 3. The following streets in the district shall be improved by paving,
curbing, guttering,' and all incidental work connected therewith:
Church Road from Adams Street to Hope Street, and Hope Street from
Church Road to Hedde 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 May 1~,1979
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ORDINANCE NO, 6415
An ordinance to amend Section 4-6 of the Grand Island City Code pertaining to
occupation taxes for various liquor licenses; to repeal the original section; 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 Section 4-6 of the Grand Island City Code be amended to read as
follows:
"Sec. 4-6. OCCUPATION TAX - AMOUNTS
For the purpose of raising revenue, there is hereby levied upon the
following described businesses conducted in the City of Grand Island the
following occupation taxes:
(a)
(b)
(c)
Alcoholic liquor distributor, except beer
Beer distributor
$500.00
$250.00
Retailer of beer only, for consumption
on the premises
Retailer of beer only, for consumption off
the premises, sale in the original packages only
Retailer of alcoholic liquors, including beer,
for consumption off the premises
For all nonbeverage users
$200.00
(d)
$50.00
(e)
$300.00
$5.00
(f)
(g)
(h)
Bottle Club - One Dollar annually for each membership
Alcoholic liquors, including beer, issued to a
nonprofit corporation, for consumption on the
premises, Class "H"
$400.00
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" $500.00
Retailer of beer and wine only, for consumption
on the premises, Class "J" $450.00
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."
(i)
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SECTION 2. That Section 4-6 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 publication within fifteen days in one issue of the Grand Island
Daily Independent,. as provided by law.
Enacted
April 2, 1979
ATtEST, P:P;:f~~~/
City C er
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M. 21 1979
LEGAL DEPARTMEr
..
ORDINANCE NO. 6416
.
An ordinance creating Street Improvement District No. 979; 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 to provide for
an 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. 979 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 on the northerly line of Tenth Street and 132 feet,
or 40.234 meters, East of the easterly line of Kimball Avenue; thence
running southerly on a line parallel to and 132 feet, or 40.234 meters,
East of the easterly line of Kimball Avenue for a distance of 440 feet,
or 134.112 meters, to the southerly line of Ninth Street; thence running
westerly on the southerly line of Ninth Street for a distance of 344 feet,
or 104.851 meters, to a point 132 feet, or 40.234 meters, West of the
westerly line of Kimball Avenue; thence running northerly on a line
parallel to and 132 feet, or 40.234 meters, West of the westerly line of
Kimball Avenue for a distance of 440 feet, or 134.112 meters, to the
northerly line of Tenth Street; thence running easterly on the northerly
line of Tenth Street for a distance of 344 feet, or 104.851 meters, to
a point 132 feet, or 40.234 meters, East of the easterly line of Kimball
Avenue, being 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.
Kimball Avenue from Ninth Street 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 sQall 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
April 2, 1979
.
ATTEST, ~~ _
City C er
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LEGAL DEPARTMc'
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EXHIBIT "All
CITY OF GRAND ISLAI".lDt NEBR.
ENGINEERING OEPAFrn;,IENT.
: STREETIMPROVEMENl" DISTRICT NO. 979.
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NO. 6416
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CITY OF GRAND ISL/~ND, NEBIi
ENGINEEHI.NG DEf=!~{T!'~EN'~_....
[PLAT TO. ACCOMPA1:jYORf):--
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ORDINANCE NO. 6417
An ordinance creating Sanitary Sewer District No. 444 in the City of Grand Island,
Nebraska; defining the boundaries of the district; providing for the laying of a sanitary
sewer main in said district; providing for plans and specifications and securing bids;
providing for the assessment of special taxes for constructing such sewer and collection
thereof; and to provide for the effective date thereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. Sanitary Sewer District No. 444 in the City of Grand Island, Nebraska,
is hereby created for the laying of an eight-inch, or 20.32 centimeters, vitrified clay or
polyvinalchloride plastic pipe, line and appurtenances thereto.
SECTION 2. The boundaries of such sanitary sewer district shall be as follows:
Beginning at the Northeast corner of Lot 23, Geer Subdivision, located
South of 20th Street; thence running southerly on the westerly line of
Illinois Avenue for a distance of 142.75 feet, or 43.51 meters, to the
southerly line of said Lot 23; thence running westerly on the southerly
line of Lots 23, 24, 25, 26, and 27, all in Geer Subdivision, located
South of 20th Street, for a distance of 280 feet, or 85.344 meters;
thence running northerly on a line parallel to and 280 feet, 94 85.344
meters, West of the westerly line of Illinois Avenue for a distance of
143.6 feet, or 44.592 meters, to the southerly line of 20th Street;
thence running easterly on the southerly line of 20th Street for a
distance of 280 feet, or 85.344 meters, to the Northeast corner of
Lot 23, Geer Subdivision, located South of 20th Street, being the point
of beginning, all as shown on the plat marked Exhibit "A", attached
hereto and incorporated herein by reference.
SECTION 3. Said improvements shall be made in accordance with plans and specifi-
cations prepared by the Engineer for the City who shall estimate the cost thereof, and sub-
mit the same to the City Council, and upon approval of the same, bids for the construction
of such sanitary sewer shall be taken and contracts entered into in the manner provided by
law.
SECTION 4. The cost of construction of such improvements shall be assessed against
the property within the district abutting upon the street or other right-of-way within which
such sanitary sewer main will be constructed within such sewerage district to the extent of
benefits to such property by reason of such improvement, and a special tax shall be levied
at one time to pay for such cost of construction as soon as can be ascertain, as provided
by law; and, provided further, such special tax and assessments shall constitute a sinking
fund for the payment of any bonds with interest issued for the purpose of paying the cost of
such sewer in such district; such special assessments shall be paid and collected in a fund
to be designated and known as the Sewer and Water Extension Fund, and out of which all
warrants issued for the purpose of paying the cost of such sanitary sewer shall be paid.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval, and publication, without the plat, as provided by law.
- 1 -
LEGAL DEPARTMEr
..
.
.
ORDINANCE NO. 6417 (Cont'd)
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds of Hall County, Nebraska,
SECTION 7. After passage, approval, and publication of this ordinance without
the plat, notice of the creation of said district shall be published in the Grand Island
Daily Independent, a legal newspaper published and of general circulation in said City, as
provided by law.
Enacted
April 2. 1979
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,SAffiTA'RYSEWe::rt..OISTlUCT " NO~444<; ..
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CITY OF GRAND. ISLAND.NEBR.
ENGINEERING DEPARTME"I,T.'
'PLAT TO ACCOMPANYORD.
NO. 6417 . '.
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ORDINANCE NO. 6418
.
An ordinance creating Street Improvement District No. 978; 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 to provide for
an 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. 978 in the City of Grand Island, Nebraska,
is hereby created.
SECTION 2. The boundaries of the district shall be as follows:
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Beginning at the Northeast Corner of Houghkirk Subdivision; thence running
southerly on the easterly line of said subdivision for a distance of 366.67
feet, or 111.761 meters, to the Southeast Corner of said subdivision; thence
running southeasterly for a distance of 175 feet, more or less, or 53.340
meters, more or less, to a point on the northerly line of Twelfth Street,
said point being 109.11 feet, or 33.257 meters, East of the easterly line of
Warren Lane; thence running easterly on the northerly line of Twelfth Street
for a distance of 202.11 feet, or 61.603 meters, to the easterly line of Old
St. Paul Road; thence running southerly on the easterly line of St. Paul
Road to the southerly line of Twelfth Street; thence running westerly on the
southerly line of Twelfth Street for a distance of 505.2 feet, or 153.985
meters, to a point on the North line of Lot 8, Capital Hill Addition, said
point being 20 feet, or 6.096 meters, East of the Northwest Corner of said
Lot 8; thence running northerly on the westerly line of Houghkirk Subdivision
for a distance of 849.7 feet, or 258.989 meters, to the Northwest Corner of
said subdivision; thence running easterly on the northerly line of said
subdivision for a distance of 576.55 feet, or 175.732 meters, to the North-
east Corner of said subdivision, being 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:
Warren Lane from Twelfth Street to and around Warren Lane cul-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, a legal
newspaper published and of general circulation in said City, as provided by law.
Enacted
April )0, 1979
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. / ROBERT L. IV..'tIZ, Mayor
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CITY OF GRAND ISLANl?lNEBR.
ENGINEERING DEPARTMENT
I~I~~ ~O ACCOMPANY. ORO.NO.'
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TREET IMPROVEMENT' DISTRICT NO. 978.
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ORDINANCE NO. 6419
.
An ordinance creating Water Main District No. 347 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, NEBFASKA:
SECTION 1. Water Main District No. 347 in the City of Grand Island, Nebraska, is
hereby created for the laying of a six-inch, or 15.24 centimeters, water main in Houghkirk
Subdivision from the existing water main in Twelfth Street.
SECTION 2. The boundaries of such water main district shall be as follows:
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Beginning at the Northeast Corner of Houghkirk Subdivision; thence running
southerly on the easterly line of Houghkirk Subdivision for a distance of
366.67 feet, or 111.761 meters, to the Southeast Corner of said subdivision;
thence running southwesterly on the southerly line of said subdivision for a
distance of 99.86 feet, or 30.437 meters, to a point on the easterly line
of Warren Lane; thence running southeasterly on the easterly line of Warren
Lane extended, for a distance of 227.07 feet, or 69.211 meters, to a point
on the southerly line of Twelfth Street; thence running southwesterly on the
southerly line of Twelfth Street for a distance of 60 feet, or 18.288 meters;
thence running northwesterly on the extended westerly line of Warren Lane
for a distance of 212 feet, or 64.618 meters, to the southerly line of
Houghkirk Subdivision; thence running southwesterly on the southerly line
of said subdivision for a distance of 175 feet, or 53.340 meters, to the
westerly line of said subdivision; thence running northwesterly on the
westerly line of said subdivision for a distance of 637.7 feet, or 194.371
meters, to the Northwest Corner of said subdivision; thence running easterly
on the northerly line of said subdivision for a distance of 576.55 feet, or
175,632 neters, to the Northeast Corner of said subdivision, being the point
of beginning, all as shown on the plat marked Exhibit "A" attached hereto
and incorporated herein by reference.
SECTION 3. Said improvements shall be made in accordance with plans and specifications
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prepared by the Engineer for the City who shall estimate the cost thereof, and submit the
same to the City Council, and upon approval of the same, bids for the construction of such
water main shall be taken and contracts entered into in the manner provided by law.
SECTION 4. The cost of construction of such improvement shall be assessed ~gainst the
property within such district abutting upon the street wherein 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 ca~
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.
347, or the Water Surplus Fund.
SECTION 5. This ordinance shall be in force and take effect from and after its passage,
approval, and publication, without the plat, as provided by law.
.
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ORDINANCE NO. 6419 (Cont'd)
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 April 2, 1979
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EXHIBIT I~I
CITY OF GRAND ISLANQ1NEBR.
ENGINEERING OEPARTMENT
f~~tl ~O ACCOMPANY ORD. NO.]
ISC~LE: I": 100'0. L.J. 3/22/79.1
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ORDINANCE NO. 6420
An ordinance creating Sanitary Sewer District No. 443 in the City of Grand Island,
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Nebraska; defining the boundaries of the district; providing for the laying of a sanitary
sewer main in said district; providing for plans and specifications and securing bids;
providing for the assessment of special taxes for constructing such sewer and collection
thereof; and to provide for the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. Sanitary Sewer District No. 443 in the City of Grand Island, Nebraska, is
hereby created for the laying of an eight-inch, or 20.32 centimeters, vitrified clay or
polyvinalchloride plastic pipe, line and appurtenances thereto.
SECTION 2. The boundaries of such sanitary sewer district shall be as follows:
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Beginning at the Northeast Corner of Houghkirk Subdivision; thence running
southerly on the easterly line of Houghkirk Subdivision for a distance of
366.67 feet, or 111.761 meters, to the Southeast Corner of said subdivision;
thence running southwesterly on the southerly line of said subdivision for
a distance of 99.86 feet, or 30.437 meters, to a point on the easterly line
of Warren Lane; thence running southeasterly on the easterly line of Warren
Lane for a distance of 147.07 feet, or 44.827 meters, to the northerly line
of Twelfth Street; thence running southwesterly on the northerly line of
Twelfth Street for a distance of 60 feet, or 18.288 meters, to the westerly
line of Warren Lane; thence running northwesterly on the westerly line of
Warren Lane for a distance of 132 feet, or 40.237 meters, to the southerly
line of Houghkirk Subdivision; thence running southwesterly on the southerly
line of said subdivision for a distance of 175 feet, or 53.340 meters, to the
westerly line of said subdivision; thence running northwesterly on the westerly
line of said subdivision for a distance of 637.7 feet, or 194.371 meters, to
the Northwest Corner of said subdivision; thence running easterly on the
northerly line of said subdivision for a distance of 576.55 feet, or 175.732
meters, to the Northeast Corner of said subdivision, being the point of
beginning, all as shown on the plat marked Exhibit "A" attached hereto and
incorporated herein by reference.
SECTION 3. Said improvements shall be made in accordance with plans and specifications
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prepared by the Engineer for the City who shall estimate the cost thereof, and submit the
same to the City Council, and upon approval of the same, bids for the construction of such
sanitary sewer shall be taken and contracts entered into in the manner provided by law.
SECTION 4. The cost of construction of such improvements shall be assessed 'against
the property within the district abutting upon the street or other right-of-way within which
such sanitary sewer main will be constructed within such sewerage district to the extent of
benefits to such property by reason of such improvement, and a special tax shall be levied
at one time to pay for such cost of construction as soon as can be ascertain, as provided
by law; and, provided further, such special tax and assessments shall constitute a sinking
fund for the payment of any bonds with interest issued for the purpose of paying the cost
of such sewer in such district; such special assessments shall be paid and collected in a
. fund to be designated and known as the Sewer and Water Exten~ion Fund, and out of which all
warrants issued for the purpose of paying the cost of such sanitary sewer shall be paid.
- 1 -
ORDINANCE NO. 6420 (Cont'd)
.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval, and publication, without the plat, as provided by law.
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds of Hall County, Nebraska.
SECTION 7. After passage, approval, and publication of this ordinance without the
plat, 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
April 2, 1979
ATTEST:
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EXHIBITI~I
CITY OF GRAND ISLANl?lNEBR.
ENGINEERING DEPARTMENT
[PLAT TO ACCOMPANY ORD. No.1
,6420. , .
SCALE: I"c 100' D. L.J. 3/22/79.
SANITARY SEWER, DISTRICT NO.443
ORDINANCE NO. 6421
An ordinance to vacate part of an existing transmission line
easement in Section 4, Township 11 North, Range 9 West of the 6th
.
P.M., Hall County, Nebraska, beyond the corporate limits of the
City of Grand Island; and to provide the effective date hereof.
WHEREAS, it has been determined that there is no need for
that part of the existing easement and that it should be vacated.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. That the following described part of an existing
easement, be, and hereby is, vacated:
A portion of the easement for electrical power lines as
recorded in Misc. Bk. 1, pages 607 and 608, of the Hall
County Registered of Deeds office, more particularly described
as follows:
The northerly 123 of the existing easement located
in the Southwest Quarter (SW%) of Section 4, Township 11
North, Range 9 West of the 6th P.M., Hall County, Nebraska,
as shown on the plat dated 3/23/79 marked Exhibit "A",
attached hereto and incorporated herein by reference.
SECTION 2. That the title to that part of the easement vacated
by Section 1 of this ordinance shall revert to the owner or owners
of the property abutting said vacated easement.
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.
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
April 2, 1979
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EXHIBIT II A ". i
C I.T....Y.O F.G....R A N....O.,. '.,5. LA,.N..O,.'....N.. E,.B.,.R, ".1.
UTILITIES DEPARTMENT
T. W. BARNES 3/ Z3/79 ,
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ORDINANCE NO'. 6422
Passed April 2, 1979
AUTHORIZnJG
LAW ENFOHCEMENTTRAJ]l.TING CEFJ'I'ER
LEASE REN'l'AL REVENUE BONDS
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THE CITY OF GRAND ISLAND
NEBRASKA
Authorizing
LAW ENFORCEMENT TRAINING CENTER
LEASE RENTAL REVENUE BONDS
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ORDINANCE NO. '- "fr"l. l-
(passed April 2, 1979)
Page
Ti tle 1
Enacting Clause 1
Section l.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8 .
Findings and Determinations 1
Definitions 2
Authorization of Project and Lease Agreement 6
Authorization, Details and Redemption of
1979 Bonds 7
Redemption of Bonds 9
Execution of Bonds 10
Form of Coupon Bonds, Coupons and Registration
Certificates 11
Mutilated, Lost, Stolen or Destroyed Bonds or
Coupons 18
Section 9. Sale of the 1979 Bondsi Application of the
Proceeds Thereof; Construction Fund
18
Section 10. Refunding Bonds 22
Section 11. Payment of the Principal, Interest and Premium
of the Bondsi Limitation of such Payment Solely
to the Revenues; Pledge of Revenues 23
Section 12. The Bond Fund 25
Section 13. The Debt Service Reserve Fund 25
Section 14. The Replacement Fund 26
Section 15. Investment of Monies 28
Section 16. particular Covenants of the City, Insurance;
Condemnation 29
A. To Pay Principal, Premium and Interest on
Bonds 29
B. Ownership of Landi Title Opinion 29
C. Filing and Recording of Ordinances and
Lease Agreement; Instruments of Further
Assurance 30
D. Promptly to Complete Construction,
Reconstruction, Equipping or Reequipping
of the Project 32
E. Maintenance and Repair of Project 32
F. Payment of Taxes and Claims by the City 33
G. Against Mortgages and Encumbrances; Against
Selling of Property, Certain Sales and
Dispositions Permitted 33
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Page
H. Financial Records and Reports 35
I. Collections of Rentals and Enforcement of
Lease; Compliance by the City with the Lease
Agreement 35
J. Amendment of Lease Agreement 36
K. Assignment or Subletting of the Lease
Agreement by the Lessee Thereunder 37
L. Reletting of the Project, Operation thereof
by the City 38
M. Prosecution and Defense of Suits 39
N. Insurance 39
1. Fire, Extended Coverage, Earthquake,
Tornado and Hurricane Damage and Other
Insurance 39
2. Liability and Property Damage Insurance 41
3. Rental or Use and Occupancy Insurance 41
O. Damage to or Destruction of the Project;
Condemnation Thereof 43
P. Obeying Laws; Performance of all Obliga-
tions and Covenants Under this Ordinance 46
Q. Taking Any Further Action Required for
Purposes of this Ordinance 47
Section 17. The Trustee 48
Section 18. Termination of Lease Agreement 50
Section 19. Amendment of this Ordinance 50
Section 20. Certain Bonds Deemed Not Outstanding Hereunder 52
Section 21. Ordinance to Constitute a Contract with
Bondholders; Enforcement of Same 53
Section 22. Events of Default 53
Section 23. Remedies of Bondholders; Waivers of Event of
Default; Termination of Proceedings 54
Section 24. Consents, etc., of Bondholders 58
Section 25. Discharge of Liens and Pledges; Bonds No Longer
Outstanding Hereunder 59
Section 26. Limitation of Rights 62
Section 27. Laws Governing; Severability 62
Section 28. Effect of Sundays and Legal Holidays 62
Section 29. Section Headings; Table of Contents 63
Section 30. Publishing and Effectiveness of this Ordinance;
Notice of Passage Hereof 63
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CITY OF GRAND ISLAND, NEBRASKA
ORDINANCE NO. '''''~'l,...
AN ORDINANCE OF 'I'HE CITY OF GRAND ISLAND,
NEBRASKA, AUTHORIZING THE ACQUISITION OF A
TRACT OF LAND AND CONSTRUCTION THEREON OF
A BUILDING AND OTHER IMPROVEMENTS AS A LAW
ENFORCEMENT TRAINING CENTER; AUTHORIZING
THE LEASING OF SUCH 'LAW ENFORCEMENT TRAINING
CENTER TO THE STATE OF NEBRASKA; AUTHORIZING
THE ISSUANCE OF $4,000,000 PRINCIPAL AMOUNT
OF LEASE RENTAL REVENUE BONDS, SERIES OF
1979, TO PAY COSTS OF SUCH LAW ENFORCEMENT
TRAINING CENTER AND THE FINANCIIJG THEREOF,
INCLUDING ESTABLISHMENT OF A DEBT SERVICE
RESERVE FUND; PRESCRIBING THE FO&~ OF SAID
BONDS; AND PLEDGING THE RENTS AND REVENUES
FROM THE LAW ENFORCEI'1ENT TRAINING CENTER
FOR THE PAYMENT OF THE BONDS AND MAKING
COVENANTS AND CONTRACTS ON BEHALF OF THE
CITY WITH THE HOLDERS OF SUCH BONDS.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GPAND
ISLAND, NEBRASKA:
SECTION 1. fin~ings and Determinations. The Mayor and
Council of the City of Grand Island, Nebraska (hereinafter defined
and referred to as the "City"), hereby find and determine that it
is necessary, advisable, desirable and expedient:
(1) that the
City and the State of Nebraska make the most efficient use of
their powers by cooperating with each other in providing for a
Law Enforcement Training Center; (2) that the City assist the
State of Nebraska by the making available by the City to the State,
at no greater cost to the State than the cost thereof to the City,
said Law Enforcement Training Center thereby enabling the State
better to serve the inhabitants of the City and the surrounding
reglon thereof and the public of the State at large; and (3) that
to accomplish the foregoing, the City acquire land and construct
thereon a building and other improvements, and supply said land,
building and improvements to the State, subject to the provisions
of applicable law, for use exclusively by the State at no greater
cost to the State than the cost thereof to the City.
The Mayor and Council of the C~ty hereby further find and
determine:
(1) that the aforesaid land and building and improve-
ments to be constructed thereon shall constitute a revenue-producing
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undertaking (hereinafter defined and referred to as the "Projectll)
of the City, and (2) that it is necessary, advisable, desirable
and expedient, in order to finance the costs of acquiring,
constructing and equipping the Project that the City lssue its
revenue bonds, such bonds to be payable solely from, and to be
secured solely by a pledge of, the revenues to be derived by the
City from its ownership or operation of the Project, including
the moneys to be paid by the State to the City for the supplying
by the City of the Project to the State.
The Mayor and Council of the City hereby further find
and determine that the carrying out and effecting by the City of
the foregoing objects, aims, purposes and activities will promote
and maintain the general interests and public welfare of the
inhabitants of the City.
SECTION 2. Definitions. As used in this Ordinance the
following words shall have the following meanings unless the
context shall clearly indicate otherwise:
(a) "Bondll or IIBondsll shall mean any Bond, some of the
Bonds or all of the Bonds authorized by, and at the time outstand-
lng pursuant to, this Ordinance and shall include the 1979 Bonds
and Refunding Bonds, if any.
(b) IIBond Fund" shall mean the fund established under
Section 12 of this Ordinance.
(c) IICityll shall mean the City of Grand Island, Nebraska,
a municipal corporation and city of the first class.
(d) IICosts of Construction 11 shall mean all costs to the
City of acquiring the land and of constructing and equipping, in
accordance with the Plans and Specifications referred to in the
Lease Agreement, the building and improvements to be erected and
equipped pursuant to said Plans and Specifications on the land
described in Section 3 hereof, including, without limiting the
generality of the foregoing, the cost of all labor, materials and
supplies; financing charges, including interest on the Bonds during
-2-
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the period of construction of the Project to the extent provided
in Section 9 hereof and bond discount (if any) on the sale of
the Bonds by the City; the initial deposit required by Section 9
hereof to be made into the Debt Service Reserve Fund; costs of
architectural, engineering, financial and legal services; cost
of plans, specifications, studies and surveys; inspection costs;
costs of the title opinion required by Section l6B hereof; a
properly allocable share of the administrative expenses of the
City arising out of or pertaining to the land acquisition and
constructing and equipping of the Project and the financing thereof;
costs of publication of this Ordinance or of notice of the adoption
thereof; costs of any fixtures, equipment and apparatus required
by the Plans and Specifications referred to in the Lease Agreement
to be provided for the Project; and all other expenses of the City
necessary or incident to the construction and equipping of the
Project in accordance with said Plans and Specifications, the
financing of such construction (including the preparation, issuance,
and delivery of the Bonds) and the making of the Project ready for
use and occupancy as required by said Lease Agreement
(e) "Investment Securities" shall mean any of the follow-
lng which at the time are legal investments under the laws of the
State of Nebraska for the moneys held hereunder then proposed to
be invested therein: (i) direct general obligations of, or obliga-
tions the payment of the principal and interest of which are
unconditionally guaranteed by, the United States of America; (ii)
obligations issued by any of the Federal Intermediate Credit Banks,
Banks for Cooperatives, Federal Land Banks, or by the Federal Home
Loan Bank; and (iii) certificates of deposi~ savings accounts or
other interest bearing accounts of banks which are members of
the Federal Deposit Insurance Corporation, except that whenever
the amount so deposited exceeds the F.D.I.C. insurance available
thereon, the excess shall be secured by securi ties eligible as
security for the deposit of City funds having a market value at
all times of not less than 110% of the amount of the deposit ln
excess of F.D.I.C. insurance.
-3-
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(f) "Lease" shall mean any lease, whether in writing or
by operation of law, entered into by the City whereby the City
leases the Project or any part thereof to any person whereby such
lessee obtains any rights ln or to the use or occupancy of the
Project or any part thereof, and any and all amendments to such
lease, and, unless the context shall specifically indicate other-
wise, shall include the Lease Agreement.
(g) "Lease Agreement" shall mean that certain Lease
Agreement dated for the purpose of reference as of April 15, 1979,
by and between the City and the State of Nebraska acting on behalf
of the Nebraska Commission on Law Enforcement and Criminal Justice
under and pursuant to which the City has leased the Project to the
State, and any and all amendments thereto permitted by this
Ordinance.
(h) "1979 Bonds" shall mean any of the Bonds authorized
and issued pursuant to Section 4 hereof at any time outstanding.
(i) "Outstanding" when used with respect to any Bond
shall have the construction given to such word in Section 25 hereof,
i.e., a Bond shall not be outstanding hereunder if such Bond is at
the time not deemed to be oustanding hereunder by reason of the
operation and effect of said section.
(j) "Paying Agent" shall mean (i) as to the 1979
Bonds, the Trustee appointed in Section 17 hereof and (ii)
as to Refunding Bonds, the respective paying agent or agents
-therefor appointed in the proceedings authorizing the issuance
of such Bonds.
(k) "Project" shall mean collectively: (i) that certain
parcel of land described in Section 3 hereof; (ii) the building
and improvements, including facilities for the parking of motor
vehicles, constructed on said parcel of land, together with any
site improvements pertaining to said building and facilities, and
all improvements located on said piece or parcel of land incidental
to said building and facilities that are designed for use in
connection therewith; (iii) any reconstruction or restoration or
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,I
improvement of said building and improvements constructed from
insurance proceeds or condemnation awards or from any other source;
(iv) all furnishings, machinery, equipment and apparatus acquired
or installed in or upon said parcel of land, said building or
said improvements, (a) which are financed from the proceeds of
the Bonds, (b) which are replacements or renewals of or substitutions
for furnishings, machinery, equipment and apparatus financed from
the proceeds of the Bonds, and (c) which are replacements br
renewals of or substitutions for other furnishings, machinery,
equipment and apparatus which themselves were replacements or
renewals of or substitutions for furnishings, machinery, equipment
and apparatus financed from the proceeds of the Bonds.
(1) "Project Manager" shall mean the person designated
from time to time by the Mayor and Council of the City to perform
the duties of the Project Manager hereunder.
(in) "Refunding Bonds" shall mean any of the Bonds
authorized and issued pursuant to Section 11 hereof at any time
outstanding.
(n) "Revenues" shall mean all rentals and all other
revenues, proceeds, charges, income, receipts and other moneys
received or derived by the City from its ownership of the Project
or from the operation thereof by the City and, without limiting
the generality of the foregoing, shall include the rentals and
other moneys payable to the City under the Lease Agreement, earnings
on the investment of moneys held hereunder to the extent the same are
required hereby to be deposited in the Bond Fund created hereunder,
the proceeds of insurance on the Project and condemnation awards
received by the City with respect to the Project.
(0) "Trustee" shall mean the trustee appointed under
Section 17 hereof, and any successor trustee designated as provided
in this Ordinance.
Unless the context shall clearly indicate otherwise,
in this Ordinance: (i) sections mentioned by number are the
respective sections of this Ordinance so numbered; (ii) the terms
"herel'n", "h.ereunder", "here.by"., 111-1ereto", "h fIt ~
1 ereo~ , an6 any Slml-
lar terms, refer to this Ordinance as a whole and not to any
-5-
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particular section or subdivision hereof; (iii) the term "hereto-
fore" means before the time of adoption of this Ordinance and the
term "hereafter" means after the time of adoption of this Ordinance;
(iv) word~ importing persons include firms, associations, corpora-
tions (public and private) , public bodies and natural persons;
and (v) word~ importing the singular number include the plural
number and vice versa.
SECTION 3. Authorization of Project and Lease Agreement.
The purchase by the City of the following parcel of land located
adjacent to the City is hereby authorized, the cost of such purchase
to be paid from the Construction Fund herein established:
A tract of land comprising the West Half of the
Northeast Quarter of the Southeast Quarter
(Wl/2NEl/4SEl/4), and the East Half of the
Northwest Quarter of the Southeast Quarter
(El/2NWl/4SEl/4), all in Section Thirty Four
(34), Township Twelve (12) North, Range "Nine (9)
West of the 6th P.M. in Hall County, Nebraska,
more particularly described as follows:
Beginning at the Northeast corner of said
Wl/2NEl/4SEl/4; thence southerly along the East
line of said Wl/2NEl/4SEl/4, a distance of One
Thousand Three Hundred Fourteen and Seventy
Eight Hundredths (1,314.78) feet, to the South-
east corner of said Wl/2NEl/4SEl/4; thence
westerly along the South line of said Wl/2NEl/4SEl/4
and the South line of said El/2NWl/4SEl/4, a distance
of One Thousand Three Hundred Twenty One and Sixty
Three Hundredths (1,321.63) feet, to the Southwest
corner of said El/2NWl/4SEl/4; thence northerly along
the West line of said El/2NWl/4SEl/4, a distance of
One Thousand Three Hundred Thirteen and Nine Tenths
(1,313.9) feet, to the Northwest corner of said
El/2NWl/4SEl/4; thence easterly alona the North
line of said E1/2NWl/4SEl/4 and the North line of
said Wl/2NEl/4SEl/4, a distance of One Thousand
Three Hundred Twenty One and Eight Tenths (1,321.8)
feet to the place of beginning and containing 39.617
acres more or less.
There is hereby also authorized and approved (1) the
construction, equipping, operating and maintaining of the Project
by the City; (2) the supplying of the Project to the State of
Nebraska, at no greater cost to the State than the cost thereof
to the City, for the exclusive use by the State; (3) the Lease
Agreement dated for the purpose of reference as of April 15, 1979,
by and between the City and the State acting on behalf of the
Nebraska Commission on Law Enforcement and Criminal Justice (whereby
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J
the City shall so supply the Project to the State), In the form
presented to the meeting and on file lD the Office of the City
Clerk; and (4) the entering into of said Lease Agreement by the
City. The Mayor of the City is hereby authorized to execute in
the name and on behalf of the City and deliver the Lease Agreement
in the form presented, as aforesaid, to this meeting, and the City
Clerk is hereby authorized to seal and attest the same; provided
that said officers may, prlor to such execution, make any changes
in said Lease Agreement from the form thereof submitted to this
meeting deemed necessary, advisable or desirable by them which
are recommended by the City Attorney as being necessary, advisable
or desirable for the purposes of curing or correcting any ambiguity,
omission or manifest error or inconsistency therein or which may
be requested by the State, and which in the opinion of the City
Attorney are not inconsistent with the tenor and substance of
the Lease Agreement in the form thereof presented to this meeting
and do not impose or add any undue burdens or obligations upon the
City. Any lease agreement by and between the City and the State
acting on behalf of the Nebraska Commission on Law Enforcement
and Criminal Justice pertaining to the Project executed by the
Mayor under the corporate seal of the City and attested by the
City Clerk shall conclusively be presumed to be the Lease Agreement
authorized hereby and shall further conclusively be presumed to
comply with all requirements of this Section.
SECTION 4. Authorization, Details and Rede~p~ion of
1979 Bonds. For the purpose of providing funds to pay the costs
of acquiring, constructing and equipping the Project, there are
hereby authorized to be issued and sold, and shall be issued and
sold, revenue bonds of the City in the principal amount of Four
Million Dollars ($4,000,000), to be designated, "Law Enforcement
Training Center Lease Rental Revenue Bonds, Series of 1979"
(herein referred to and defined as the "1979 Bonds"). The 1979
Bonds shall be issued in coupon form and payable to bearer and
without privilege of registration; shall be dated as of April 15.
1979; shall be of the denomination of $5,000 each; and shall
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be numbered separately from 1 to 800, inclusive. Interest shall
be payable on the first day of January and July of each year to
maturity of each Bond, starting with January 1, 1980.
Interest
shall be evidenced by coupons attached to each Bond in the
amount of the interest due on such Bond on each interest payment
date. The 1979 Bonds shall bear interest and mature on July 1
in each of the years and in the principal amounts as follows:
SERIAL BONDS
DUE ON J-ULY 1 INTEREST
BOND NO. AMOUNT OF YEAR RATE
1 - 20 $100,000 1981 5.40%
21 - 37 85,000 1982 5.45%
38 - 55 90,000 1983 5.45%
56 - 74 95,000 1984 5.50%
75 - 94 100,000 1985 5.50%
95 - 116 110,000 1986 5.55%
117 - 139 115,000 1987 5.60%
140 - 164 125,000 1988 5.60%
165 - 190 130,000 1989 5.65%
191 - 218 140,000 1990 5.70%
219 - 248 150,000 1991 5.75%
249 - 280 160,000 1992 5.80%
T E RfI1 BONDS
INTEREST
BOND NO. Al10UNT DUE ON JULY 1 RATE
-"---
281 - 800 $2,600,000 2003 6.50%
The principal and interest and premium ( if any) on the
1979 Bonds shall be payable at the principal office of the Trustee
in the City of Grand Island, Nebraska, said Trustee being hereby
appointed as paying agent for the 1979 Bonds.
The 1979 Bonds maturing on and after July 1, 1990 will
be subject, at the option of the City, to redemption prior to
maturity on and after July 1, 1989, in whole or in part at any time,
in inverse order of maturity and by lot within any maturity, at
a redemption price equal to the principal amount thereof and the
following redemption premiums (expressed as a percentage of the
principal amount) plus the interest accrued on the principal amount
to the redemption date:
Period During Which Redeemed Redemption
(both dates inclusive) Premium
July 1, 1989 to June 30, 1990 3%
July 1, 1990 to June 30, 1991 2 1/2%
July 1, 1991 to June 30, 1992 2%
July 1, 1992 to June 30, 1993 1 1/2%
July 1, 1993 to June 30, 1994 1%
July 1, 1994 to June 30, 1995 1/2%
July 1, 1995 and thereafter None
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PROVIDED, HOWEVER, all 1979 Bonds of whatever maturity will also
be subject, at the option of the City, to redemption prior to
maturity, in whole or in part, at any time, in inverse order of
maturity and by lot within any maturity, at a redemption price
equal to the principal amount thereof plus the interest accrued
thereon to the redemption date, from the proceeds of insurance
or condemnation awards in the event of damage to or destruction
or condemnation, as the case may be, of all or any part of the
Project.
The 1979 Bonds, maturing on July 1, 2003, shall be
redeemed prior to their stated maturity on July 1, 1993 and on
each July 1 thereafter, In part, from monies in the Bond Fund,
which redemptions shall be In the years and amounts as follows:
Year
Amount to be
Redeemed
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
$170,000.00
180,000.00
190,000.00
205,000.00
220,000.00
230,000.00
245,000.00
265,000.00
280,000.00
300,000.00
315,000.00
Such mandatory redemptions of the 1979 Bonds shall be at the
principal amount of each Bond plus interest accrued thereon to the
date fixed for redemption, without premium. The 1979 Bonds to be
mandatorily redeemed shall be selected by the Trustee by lot..
SECTION 5. Redemption of Bonds. Notice of redemption
of 1979 Bonds shall state the designation, date and maturities of
the Bonds called for redemption; the premium (if any) payable upon
such redemption; the date of redemption; that from and after the
redemption date interest shall cease to accrue and be payable
on the Bonds called for redemption; if less than all the Bonds
then outstanding are called for redemption, the numbers of the
Bonds called for redemption; and that on said date there will become
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due and payable on each said Bond the principal amount thereof to
be redeemed at the then applicable redemption price, together with
the interest accrued on such principal amount to the redemption
date. Notice of redemption of 1979 Bonds shall be given by the
City by publication at least thirty (30) days before the redemp-
tion date, of at least one notice of the intended redemption in
a daily newspaper printed in the English language and customarily
published on each business day and of general circulation in Omaha,
Nebraska and of one such notice in a newspaper or journal special-
izing in financial matters published in either the City of New York
or the City of Chicago, Illinois.
If any Bond or Bonds shall be called for redemption and
if on or before the redemption date there shall be deposited with
the paying agent or agents therefor and available for that purpose
sufficient funds to pay the Bonds to be redeemed on that date and
accrued interest to the date of redemption and any premium payable
upon such redemption, the Bonds so called for redemption shall
become due and payable upon such redemption date, interest shall
cease to accrue and become payable thereon from and after the
redemption date and the coupons for interest appertaining to
the Bonds so called for redemption maturing subsequent to the
redemption date shall be void. All Bonds redeemed shall be cancelled
and not reissued.
SECTION 6.
Execution of Bonds. The 1979 Bonds shall
be signed with the signatures of the Mayor and the City Clerk of the
City, at least one of which shall be a manual signature and the
other may be a facsimile, and have imprinted thereon a facsimile
seal of the City. The interest coupons attached to the 1979 Bonds
shall be signed with the facsimile signatures of said Mayor and City
Clerk. Any Bond bearing thereon the facsimile signature of either
the Mayor or the City Clerk and the manual signature of the other,
and any coupon bearing thereon the facsimile signatures of the
Mayor and City Clerk, holding office on the actual day of the
execution thereof, shall be valid and binding ln accordance with
the terms of this Ordinance and may be issued by the City even
though the person holding the respective office was not in such
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office on the date of such Bond or not In such office on the date
of delivery thereof.
SECTION 7. Form of Coupon Bonds, Coupons and Re9istration
Certificates. The 1979 Bonds, the interest coupons pertaining
thereto, and the forms for registration thereof in the office of
the Auditor of Public Accounts of the State of Nebraska and the
Finance Director of the City shall be insubstantially the for~s
set forth in this section, with necessary or appropriate varia-
tions, omissions and insertions as are incidental to their numbers,
interest rates and maturities or as are otherwise permitted or
required by law or this Ordinance. Subject to the foregoing
provisions of this section, the Bonds, the coupons pertaining
thereto and the forms for registration thereof In the office
of the Auditor of Public Accounts of the State of Nebraska and
the Finance Director of the City shall be substantially in the
following forms:
-11-
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I" l.~
(FORM OF BOND)
UNITED STATES OF AMERICA
STATE OF NEBRASKA
CITY OF GRAND ISLAND
LAW ENFORCEMENT TRAINING CENTER
LEASE RENTAL REVENUE BOND,
SERIES OF 1979
No.
$5,000
KNOW ALL MEN BY THESE PRESENTS: that the CITY OF GRAND
ISLAND, NEBRASKA, (the IICityll) hereby acknowledges itself to owe
and for value received promises to pay to bearer, but solely from
the revenues of the City hereinafter specified and not otherwise,
the principal sum of FIVE THOUSAND DOLLARS ($5,000) on the first
day of July, 19 (subject to the right of prior redemption herein-
after mentioned) upon presentation and surrender of this Bond and
to pay interest on said principal sum, but solely from the
revenues of the City hereinafter specified and not otherwise,
from the date hereof until maturity, at the rate of
percentum ( %) per annum, payable semiannually on the first
days of January and July in each year, starting January 1, 1980,
but only upon the presentation and surrender of the respective
interest coupons therefor hereto attached as the same severally
become due. Both principal of and interest and premium, if
any, on this Bond are payable at the office of The First
National Bank of Grand Island, in the City of Grand Island,
Nebraska, as Trustee and paying agent of the City, in any coin
or currency of the United States of America which at the time of
such payment is legal tender for public and private debts.
This Bond is one of an authorized series of Bonds of the
aggregate principal amount of Four Million Dollars ($4,000,000) of
like date, designation, denomination and tenor herewith, except
for number, interest rate and maturity, issued by the City under
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and pursuant to and in full compliance with the Constitution and
laws of the State of Nebraska, and an ordinance (hereinafter called
the "Bond Ordinance") of the Mayor and Council of the City, duly
adopted thereunder, for the purpose of providing funds to pay the
costs of the purchase of land and the construction and equipping
thereon of a law enforcement training center facility (said land
and facility being hereinafter referred to as the "Project"). The
Bond Ordinance contains provisions: defining terms; setting forth
the land, building and related facilities constituting the Project;
setting forth the conditions upon which this Bond and the series
of Bonds of which it is one have been issued thereunder and
upon which may be issued thereunder Refunding Bonds payable as
to principal, premium and interest on a parity with this Bond and.
equally and ratably secured herewith; setting forth the revenues
pledged to the payment of the principal of and interest and
premium, if any, on the Bonds issued and to be issued under the
Bond Ordinance, including this Bond; setting forth the nature and
extent and the manner of enforcement of the security for said
Bonds and of such pledge, and the rights and remedies of the
holders hereof with respect thereto; setting forth the rights
and duties of the City thereunder; permitting the modification
of the Bond Ordinance and of the rights and obligations of the
City and the holder of this Bond and the coupons appertaining
hereto and of the Lease Agreement hereinafter mentioned under
certain conditions; and setting forth the conditions upon which
this Bond shall no longer be secured by the Bond Ordinance or
deemed to be outstanding thereunder if moneys or certain specified
securities are held by the Trustee in trust solely for such pay-
ment and sufficient therefor. Copies of the Bond Ordinance are
on file in the office of the City Clerk of the city. Reference
1S hereby made to the Bond Ordinance, to all of the provisions of
which any holder of this Bond by his acceptance hereof thereby
assents, for the full provisions of the foregoing and of the
other matters contained therein.
-13-
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"
This Bond and the interest and premium, if any, hereon
are payable solely from the revenues of the City pledged to the
payment hereof by the Bond Ordinance, which revenues so pledged
consist of the revenues and other moneys derived by the City from
its ownership and operation of the Project, including the rentals
and other moneys payable under the Lease Agreement dated for
purposes of reference as of April 15, 1979, by and between the
City and the State of Nebraska acting on behalf of the Nebraska
Commission on Law Enforcement and Criminal Justice. This Bond is
not a debt of the City within the meaning of any constitutional,
statutory or charter limitation upon the creation of general
obligation indebtedness of said City, and said City shall not be
liable for the payment hereof out of any moneys of said City other
than the revenues pledged to the payment hereof by the Bond
Ordinance. This Bond is solely an obligation of the City and is
not an obligation of the State of Nebraska nor a debt of the State
of Nebraska within the meaning of any constitutional or statutory
limitation upon the creation of indebtedness of the State of
Nebraska and the State of Nebraska is not, and in no event shall
be, liable for the payment hereof or interest hereon.
The Bonds of the series of which this Bond is one
maturing on and after July 1, 1990 are subject, at the option of
the City, to redemption prior to maturity at any time on and
after July 1, 1989, in whole or in part, In inverse order of
maturity and within any maturity by lot, at a redemption price
equal to the principal amount thereof and the following redemption
premiums (expressed as a percentage of the principal amount),
plus the interest accrued on the principal amount to the redemp-
tion date:
Period During Which Redeemed Redemption
(both dates inclusive) Premium
July 1, 1989 to June 30, 1990 3%
July 1, 1990 to June 30, 1991 2 1/2%
July 1, 1991 to June 30, 1992 29-
'0
July 1, 1992 to June 30, 1993 1 1/2%
July 1, 1993 to June 30, 1994 1%
July 1, 1994 to June 30, 1995 1/2%
July 1, 1995 and thereafter None
-14-
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.., I;
PROVIDED, HOWEVER, all BOl1ds of the serles of BO.:lds of which this
Bond is one, including this Bond, are subject, at the option of the
City, to redemption prior to the stated maturity thereof, In whole
or In part, at any time, in inverse order of maturity and by lot
within any maturity, at a redemption price equal to the principal
amount thereof plus the interest accrued thereon to the redemption
date, without premium, from the proceeds of insurance or condemna-
tion awards in the event of damage to or destruction or condemna-
tion, as the case may be, of all or any part of the Project.
Bonds of this series maturing on July 1, 2003, are
subject to redemption prior to their stated maturity, on July 1,
1993 and on each July 1 thereafter in part, from monies in the
Bond Fund derived from proj ect revenues, such redemptions .to be at
the principal amount of each Bond redeemed plus interest accrued
thereon to the date fixed for redemption, without premium, with
Bonds to be so redeemed to be selected by the Trustee by lot.
If this Bond shall be called for redemption, notice of
the redemption hereof stating the designation, date and maturity
of this Bond, the premium (if any) payable upon such redemption,
the date of redemption, and, if less than all the Bonds then
outstanding of the series of Bonds of which this Bond is one are
called for redemption, the number of this Bond, shall be given by
publication~at least thirty (30) days before the redemption date,
of one notice of the intended redemption in a daily newspaper
printed in the English language and customarily published on each
business day and of general circulation in Omaha, Nebraska, and
of one such notice in a newspaper or journal specializing in financial
matters published either in the City of New York, New York, or
the City of Chicago, Illinois.
If this Bond shall be called for
redemption and notice of such redemption duly given as aforesaid,
and if on or before the redemption date payment hereof shall be duly
made or provided for, this Bond shall become due and payable upon
such redemption date, interest shall cease to accrue and become
-15-
(
,
payable hereon from and after the redemption date and the coupons
for interest appertaining hereto maturing subsequent to the redemp-
tion date shall be void.
It is hereby certified, recited and declared that all
acts, conditions and things required to have happened, to exist
and to have been performed precedent to and in the issuance of
this Bond and the series of which it is a part, do exist, have
happened and have been performed in regular and due time, form
and manner as required by law; that this Bond and the series of
which it is a part do not exceed any constitutional or statutory
limitation on indebtedness; and that provision has been made for
the payment of the principal of and interest on this Bond and the
series of which it is a part as provided in the Bond Ordinance.
IN WITNESS WHEREOF, the City of Grand Island, Nebraska,
by its Mayor and Council has caused this Bond to be signed with
the signatures of its Mayor and City Clerk, at least one of which
is a manual signature, a facsimile of its corporate seal to be
imprinted hereon, the coupons hereto attached to be signed by the
facsimile signatures of said Mayor and City Clerk, and this Bond
to be dated as of the fifteenth day of April, 1979.
CITY OF GRAND ISLAND, NEBRASKA
By
Mayor
City Clerk
Signature above of the City Clerk
who is also the Finance Director
of the City shall evidence registration
of this Bond with the Finance Director
of the City
-16-
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(FORM OF COUPON)
$
No.
On the
day of
, 19 1 unless the
Bond hereinafter mentioned shall have theretofore been duly called for
payment prior to maturity and payment of the redemption price duly
made or provided for; the City of Grand Island, Nebraska, will pay
to the bearer upon surrender hereof, but solely from the revenues
pledged to the payment hereof by the Bond Ordinance mentioned ln
said Bond, at the principal office of The First National Bank of
Grand Island as Trustee, in the City of Grand Island, Nebraska,
the sum shown hereon, in any COln or currency in the United States
of America which at the time of payment hereo~ is legal tender for
public and private debts, being interest then due on its Law
Enforcement Training Center Lease Rental Revenue Bond, Series of
1979, dated as of April 15, 1979 and numbered
Ci ty Clerk
Mayor
(FORM OF REGISTRATION BY STATE AUDITOR)
STATE OF NEBRASKA )
)
OFFICE OF AUDITOR) ss.
OF PUBLIC ACCOUNTS)
I do hereby certify that I have examined the within Bond
and all proceedings relative to its issue and do find and hereby
certify that the within Bond has been regularly and legally issued
(the data filed in my office being the basis for this Certificate),
and that the same has been registered in my office in accordance
with the provisions of the Reissue Revised Statutes of Nebraska,
1943.
WITNESS my signature and seal of office .this
day
, 1979.
of
Auditor or Deputy Auditor of Public
Accounts
REGISTRY NO.
BOOK NO.
PAGE NO.
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/
SECTION 8. Mutilated, I:ost~~to:!:eI?:__~~Destroye5:~L~onC!~
or Coupons.
In the event any Bond (or coupon) is mutilated, lost
stolen, or destroyed, the City, if permitted by law, may execute
and deliver a new Bond (or coupon) of like date, tenor, maturity
and denomination as the Bond mutilated, lost, stolen or destroyed,
which new Bond shall have attached thereto coupons corresponding
in all respects to those (if any) on the Bond mutilated, lost,
stolen or destroyed; provided that, in all cases there shall be
first furnished to the City indemnity and evidence of ownership
of such Bond and coupons (or coupon) satisfactory to it and in the
case of any mutilated Bond (or coupon) , such mutilated Bond (or
coupon), together with all coupons (if any) appertaining to such
Bond shall first be surrendered to the City, and in the case of
any lost, stolen or destroyed Bond, there shall be first furnished
to the City evidence of such loss, theft or destruction satisfactory
to it.
In the event any such mutilated, lost, stolen or destroyed
Bond (or coupon) shall have matured, or would have matured within
ninety days, or has been called for redemption and the redemp"tion
date has arrived or will arrive within ninety days, instead of
issuing a substitute Bond (or coupon) the City, upon being furnished
with indemnity and evidence of mutilation, loss, theft or destruc-
tion, as aforesaid, may pay the same without surrender thereof.
The City may charge the holder or owner of such Bond (or coupon)
with its reasonable fees and expenses in this connection. Any Bond
(or coupon) issued under the provisions of this section shall be
equally and proportionately entitled ln accordance with its terms
to the security and benefits of this Ordinance with the Bonds (and
coupons) then outstanding. All mutilated Bonds and coupons
surrendered pursuant to this section shall be canceled and not
reissued.
SECTION 9.
Sale of the 1979 Bonds; Application of the
Proceeds Thereof; Construction Fund. The 1979 Bonds shall be sold
to such purchasers and at such price as the Mayor and Council shall
by resolution designate and the Mayor and the City Clerk-Finance
Director of the City are hereby authorized to issue, sell and
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and deliver. i.he 1979 Bonds to such purchasers named in said
resolution. The proceeds 9f the sale of the 1979 Bonds, including
the interest accrued thereon from their date to the day of delivery
of and payment therefor, shall be paid to the Trustee promptly
after receipt and by the Trustee disbursed and applied as follows:
(i) an amount equal to the interest to accrue on the 1979 Bonds
from their date to January 1, 1981 (the latter being the date
the City and the State anticipate the Project shall be ready for
use and occupancy), shall be paid into the Bond Fund; (ii) the
sum of $340,000 shall be paid into the Debt Service Reserve Fundi
and (iii) the remainder shall be deposited in the Construction Fund
created in the next paragraph of this section.
There is hereby created with the Trustee a separate
special fund, to be designated as the "Law Enforcement Training
Center Construction Fund" (herein referred to as the "Construction
Fund"), which fund shall be maintained hereafter and shall be held
by the Trustee. The Construction Fund and the moneys deposited
therein shall be disbursed and applied only for the purpose of
paying Costs of Construction of the Project, and said moneys shall
be disbursed by the Trustee from said Fund for such purpose only
upon receipt by the Trustee of the following:
(a) For payment of expenses of issuing the 1979 Bonds
up to an aggregate total of such expenses of $30,000, a state-
ment or invoice for each expense item, accompanied by a written
request to the Trustee from the City Clerk-Finance Director of the
City for payment of such item of expense. Any item of expense of
issuing the 1979 Bonds after the total of such expenses paid equals
$30,000 shall be approved under (c) below.
(b) For payment of the purchase price for the land and
expenses incident to the purchase and obtaining good title to the
land, a requisition to the Trustee signed by the City Clerk-Finance
Director of the City designating the payee and the amount to be
paid and stating that the amount requested to ~e paid is for
purchase of the land or payment of expenses incident thereto.
-19-
)1 I"
(c) For payment of all other Costs of Construction, the
following items:
(i) a certificate of the Project Architect
approving payment, and
(ii) a requisition for payment signed by the
Project Manager and by the person desig-
nated to make such approvals by the
Director of Administrative Services of
the State of Nebraska, which person may
be the same person as the Project Manager.
Upon receipt of the documentation as above set forth, the Trustee
shall pay the amounts requested to the payees named, out of money
in the Construction Fund, but only to the extent of money in the
Construction Fund.
Until used and applied in accordance with the provisions
of this section, (i) all moneys in the Construction Fund shall be
invested in Investment Securities maturing in amounts and at times
so that the payments to be made from this Fund may be made when due,
and (ii) all moneys in said Fund and the securities in which the
same are invested from time to time shall be held in trust for the
equal and ratable benefit and security of the holders of the Bonds.
The earnings on any such investments shall be deposited in the
Construction Fund, to be used and applied as are all other moneys
in that Fund.
Upon the completion of the acquisition, constructing and
equipping of the Project, there shall be delivered to the City
and the Trustee a certificate of the Project Architect and the
Project Manager to that effect, which certificate shall be approved
by the Mayor and Council of the City and the Director of Administrative
Services of the State of Nebraska. Upon receipt of such docu-
mentation and evidence of such approvals, the Trustee shall set
aside in the Construction Fund such amount, if any, as shall be
determined by the Project Architect and Project Manager as necessary
to pay the Costs of Construction remaining to be paid and all other
moneys then held in the Construction Fund shall be applied in
accordance with the next paragraph of this section. After all
Costs of Construction of the Project have been paid in full, any
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balance then remaining in the Construction Fund shall also be
applied in accordance with the next paragraph of this section.
Moneys in the Construction Fund which are not required
for the payment of Costs of Construction shall be transferred to
the Replacement Fund, established under Section 14 hereof, to
be held and applied as therein provided.
If the construction of the Project shall not be completed
on or before January 1, 1981 so as to be available for occupancy
on or before that date by the lessee under the Lease Agreement
and if pursuant to the first paragraph of Section 5 of the Lease
Agreement the term thereof shall nevertheless commence on
January 1, 1981, then in that event there shall be credited
against the rental payable under the Lease Agreement any and all
amounts received by the City on account of any delay from and
after January 1, 1981 in completion which is not excused by the
relevant construction contract or contracts for the Project,
whether such amounts are collected from the contractor or contractors
thereunder or collected from any other source, such as insurance
or under performance bonds, and the lessee under the Lease
Agreement shall be subrogated to any remaining rights and claims
of the City for damages against said contractor or contractors
that the City would have had against said contractor by reason of
such delay in completion. The maximum total amount (i) which may
be credited against the rental payable under the Lease Agreement
as aforesaid, and (ii) to which the lessee thereunder shall be
entitled by reason of any such subrogation, shall be that amount
equal to the amount of rental accruing under the Lease Agreement
from January 1, 1981 to the day on which the Project shall be
completed so as to be available for occupancy. In order to carry
out the provisions of this paragraph, from the moneys received
by the City on account of any delay in completion as aforesaid,
whether collected from the said contractor or contractors or
collected from any other source, such as insurance or under
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performance bonds, there shall be transferred to the Bond Fund an
amount equal to the amount ,to be credited against the rental as
aforesaid, which such amount so transferred to the Bond Fund shall
be applied to payment of principal of and interest on the Bonds
ln the same manner as basic rental from the lessee deposited into
the Bond Fund.
For the purpose of this paragraph only, the Project
shall be deemed to be completed when it is substantially completed
and ready for occupancy.
SECTION 10.
Refunding Bonds.
The City shall not here-
after lssue any bonds, notes or other evidences of indebtedness
which would in any way be payable f~om the Revenries and other
moneys pledged in Section 11 hereof to the payment of the Bonds
prior to or on a parity with the payment therefrom of the principal
of and interest and premium on the Bonds and the payments to be
made therefrom into the Bond Fund pursuant to Section 12 hereof,
or which would in any way be secured by a lien, pledge or charge
upon said Revenues and other moneys superior or equal to the lien,
pledge and charge created in said Section 11 for the benefit and
security of the Bonds; provided, however, that Refunding Bonds
(herein defined and referred to as liRe funding Bonds II) payable on
a parity with the Bonds from the Revenues and other moneys pledged
in Section 11 hereof and the Bond Fund and secured equally and
ratably with the Bonds by the liens, pledges and charges created
in said Sec~ion 11 and equally and ratably secured therewith
hereby may be issued upon compliance with the following conditions:
(A) Such Bonds shall be issued for the purpose of
refunding outstanding Bonds and the issuance thereof shall then
be authorized by law.
(B) Either (i) the aggregate of principal and interest due
in any bond year (a bond year being a twelve-month period commencing
July 1) on all Bonds to be outstanding upon the issuance of such
Refunding Bonds (and including such Refunding Bonds) shall not be
greate4 in any year in which the Bonds not refunded shall remain
outstanding, than would have been the aggregate of principal and
interest on all Bonds for such year if such refunding were not
to occur, or (ii) if necessary, the Lease Agreement shall have been
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amended in accordance with then applicable law so that the computa-
tion of the amount of rentals payable thereunder reoognizes and
allows for the amounts necessary to meet the annual principal and
interest on the Bonds to be outstanding ~pon the issuance of such
Refunding Bonds (including such Refunding Bonds) throughout the
life of such Bonds, and the term of the Lease Agreement as so
amended shall extend at least until the date of last maturity of
the Bonds, to be outstanding upon the issuance of such Refunding
Bonds (including such Refunding Bonds) .
(C) The refunding shall be accomplished In such manner
that, on the day of delivery of and payment for the Refunding
Bonds, the Bonds to be refunded thereby shall no longer be out-
standing hereunder.
(D) The purchaser of the Refunding Bonds shall pay the
interest accrued upon the Refunding Bonds from the date thereof
to the date of delivery of and payment therefor. Such accrued
interest shall be deposited in the Bond Fund.
The provisions and conditions of this section shall not
prevent, or be applicable to, a refunding at one time of all Bonds
then outstanding.
Section 11. Payment of the Principal, Interest and
Premium of the Bonds; Limitation of such Payment Solely to the
Revenues; Pledge of Revenues. The Bonds shall be payable as to
interest, principal and premium, if any, in any coin or currency
of the United States of America which at the time of payment
thereof is legal tender for public and private debts, which interest
in the case of Bonds in coupon form shall be payable, prlor to
the maturity of such Bonds, only upon the presentation and surrender
of the respective coupons therefor as the same severally become
due. The City, the Trustee as paying agent for the Bonds and any
other person may treat the bearer of any Bond and the bearer of
any coupon as the absolute owner of such Bond or coupon, as the
case may be, for the purpose of making payment thereof and for
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all other purposes, and neither the City nor the Trustee as paying
agent shall be bound by any notice or knowledge to tt,e contrary,
whether such Bond or coupon shall be overdue or not. All payments
of or on account of interest to any bearer of any coupon and all
payments of or on account of principal to the bearer of any Bond
shall be valid and effectual and shall be a discharge of the City
in respect of the liability upon the Bonds or coupons or claims
for interest, as the case may be, to the extent of the sum or sums
paid.
The principal of and interest and premium, if any, on
the Bonds shall be payable solely from the Revenues of the Project
which Revenues shall be and hereby are pledged to the punctual
payment of such principal, interest and premium and to the security
thereof in accordance with the provisions of this Ordinance. The
foregoing pledge shall be valid and binding from time of enactment
of this Ordinance, and the moneys representing thE~ Revenues of
the Project shall immediately be subject to such pledge upon
receipt thereof by the City without any physical delivery or further
act. The holders of the Bonds shall have a prior and paramount lien
on the Revenues of the Project, subject to the provisions and condi-
tions of this Ordinance, over and ahead of any claims (whether in
tort, contract or otherwise and irrespective of whether the parties
possessing such claims have notice of the foregoing pledges) ,
encumbrances or obligations arising or incurred after the enactment
of this Ordinance. All the Bonds shall be equally and ratably
secured hereby without priority by reason of number or maturity date.
The Bonds are not a debt of the City of Grand Island
within the meaning of any constitutional, statutory or charter
limitation upon the creation of general obligation indebtedness
of the City, and the City shall, not be liable for the payment
thereof out of any moneys of the City other than the Revenues
pledged to the payment thereof as aforesaid. The Bonds are solely
an obligation of the City of Grand Island (but not a general
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obligation thereof), and are not an obligation of the state of
Nebraska nor a debt of the State of Nebraska within the meaning
of any constitutional or sta,tutory limitation upon the creation
of indebtedness of the State of Nebraska and the State of Nebraska..
is not, and in no event shall be, liable for the payment thereof
or interest thereon.
SECTION 12. The Bond Fund. There is hereby created
with the Trustee a Trust Fund to be designated as the "Bond Fund",
which shall be used to pay the principal of and interest and
premium, if any, on the Bonds. From the proceeds of the 1979
Bonds, there shall be deposited to the Bond Fund an amount equal
to the interest accrulng on the Bonds to January 1, 1981. In
addition, there shall be transferred to the Bond Fund certain
amounts received as earnings on the Debt Service Reserve Fund
and the Replacement Fund, as and to the extent hereinafter provided.
There shall also be deposited in the Bond Fund as and when received,
all Revenues of the Project, including the basic rent payable
under the Lease Agreement, plus such other amounts as are required
by other provisions of this Ordinance to be deposited into the
Bond Fund, except as provided in Section 18 hereof.
The Trustee is hereby authorized and directed to withdraw
and apply sufficient funds from the Bond Fund to pay installments
of principal of and interest and premium, if any, upon the Bonds
when due.
Net earnings from investment of monies ln ~he Bond Fund
shall be transferred to the Construction Fund, as and when received,
until January 1, 1981, and thereafter such net earninqs shall
be retained in the Bond Fund for payment of principal of and
interest on the Bonds.
SECTION 13.
The Debt Service Reserve Fund.
There is
hereby created and ordered established with the Trustee a Trust Fund
be designated as the "Debt Service Reserve Fund", which shall be
held and used as provided in this Section.
From the proceeds of
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the 1979 Bonds, there shall be deposited to the Debt Service
Reserve Fund the sum of $340,000. Monies in the Debt Service
Reserve Fund shall, to the extent necessary, from time to time
be transferred into the Bond Fund in order to meet any deficiencies
ln payments required to be made for principal of and interest and
premium, if any, due on the Bonds from the Bond Fund upon a deter-
mination by the Trustee that such deficiencies exist with respect
to payments required to be made from the Bond Fund. In the
event ~ withdrawal is made from the Debt Service Reserve Fund to
make up any deficiency in the Bond Fund, and such deficiency is
subsequently made up in the Bond Fund by Revenues or other payments
not required to meet the payments of principal of and interest
on the Bonds, the amount of such withdrawal from the Debt Service
Reserve Fund shall be then be withdrawn from the Bond Fund and deposited
into the Debt Service Reserve Fund to restore the Debt Service
Reserve Fund at its balance prior to such withdrawal.
The net earnings from investment of monies in the Debt
Service Reserve Fund shall be transferred, as and when received,
to the Construction Fund until January 1, 1981. Net earnings
received after January 1, 1981 shall be transferred to the Bond
Fund for use in payment of principal of and interest on the Bonds.
SECTION 14. The__R~pl~~~ment Fund. There is hereby
created and ordered established with the Trustee a Fund to be
designated as the "Replacement Fund", which shall be held and used
as provided in this Section. Any funds in the Construction Fund
not used to pay Costs of Construction shall be transferred to
the Replacement Fund as provided in Section 9. Net earnings
received from investments of monies in the Replacement Fund shall
be transferred to the Bond Fund as and when received. Monies in
the Replacement Fund, other than net earnings from investments,
shall be used and applied by the Trustee for any of the following
purposes:
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(a) To the purchase of Bonds on the open market, if
and to the extent that such purchases can be made
at prices not exceeding the principal amount of
each Bond so purchased, plus accrued interest
thereon to the date of purchase.
(b) To the payment of costs of making repairs to and
replacements of the Project, if so requested by
the State as Lessee under the Lease Agreement,
or if such repair or replacement shall be deter-
mined by the Trustee necessary to carry out the
obligations of the City as Lessor under the Lease
Agreement.
(c) To paying any expense of repair or maintenance of
the Project or providing insurance in connection
with the Project in the event of default with
respect thereto by the State as Lessee under the
Lease Agreement or in the event of termination
of the Lease Agreement.
(d) To payment of any expense of making improvements
to the Project in the event of termination of the
Lease Agreement.
(e) To payment of any other expense in connection with
the Project which the City, with the concurrence
of the Trustee, shall determine necessary or
appropriate for the maintenance of the Project
as a revenue-producing facility and to enable
the Project to produce Revenues sufficient to
pay the principal of and interest on the Bonds
as the same become due.
(f) To payment of the Bonds and interest and
premium, if any, thereon, in the event
of full payment or making provision as
herein set forth for full payment, of all
Bonds and interest thereon.
Disbursements from the Replacem~nt Fund shall be made only upon the
written request of the Director of Administrative Services of the
State, so long as the Lease Agreement has not been terminated and
the State is not in default thereunder, and otherwise, such dis-
bursements may be made upon the request of the City concurred in
by the Trustee if such concurrence is required by the foregoing
provisions.
In the event that the aggregate amount of funds in the
Debt Service Feserve Fund and the Replacement Fund shall at any
time exceed the sum of $580,000, the amount in the Replacement Fund
equal to the excess of the two funds over $580,000 shall be invested
only at such yield and shall be equal to the yield upon the 1979
Bonds, as "yield" shall be determined ln accordance with Section
103(c) of the Internal Fevenue Code of 1954, as amended, and the
regulations applicable thereunder, except that this investment
restriction shall not be applicable if the Trustee shall have been
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advised by counsel that said Section 103(c) is not applicable
to the investment of funds held by the Trustee and that the
investment of such funds at a higher interest rate would not
cause the interest on the Bonds to lose exemption from Federal
Income Tax.
SECTION 15.
Investment of Monies. Monies in the Bond
Fund shall be invested and reinvested to the extent practicable
in Investment Securities so as to mature in such amounts and at
such times that the respective payments of principal and interest
may be made from said Fund when due. Monies in the Debt Service
Reserve Fund shall be invested and reinvested to the extent prac-
ticable in Investment Securities so as to mature, or be redeemable
at the option of the holder, not more than 10 years from the date
of investment, but in any event not later than the last maturity
of the Bonds outstanding when such investments are made. ~10nies
in the Replacement Fund shall be invested and reinvested to the
extent practicable in Investment Securities so as to mature or be
redeemable at the option of the holder in not more than 3 years
from the date of investment.
Earnings on investments made pursuant
to this paragraph shall be deposited as and when received as
follows:
(a) Net earnings on investments in the Bond Fund
received prior to January 1, 1981 shall be
transferred to the Construction Fund and
thereafter such net earnings shall be retained
in the Bond Fund;
(b) Net earnings received on investments in the
Debt Service Reserve Fund prior to January 1,
1981 shall be transferred to the Construction
Fund and net earnings on or after January 1,
1981 shall be transferred to the Bond Fund
as and when such earnings are received; and
(c) Net earnings on investments in the Replacement
Fund in any 12-month period ending on June 30,
1981 and each 12-month period ending on June 30
thereafter shall be transferred to the Bond
Fund on each such June 30, but from the
amount of net earnings transferred for any
such 12-month period, there shall be deducted
the amount of any withdrawals during such
12-month period from the Replacement Fund
for disbursement for the purposes permitted
for Replacement Fund usage.
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Monies in the Construction Fund shall be invested and
reinvested to the extent practicable in Investment Securities so
as to mature in such amounts and at such times so that payments
may be made from said Fund for Costs of Construction as the same
become payable.
Transfers of net earnings to the Bond Fund from the
Debt Service Reserve Fund and the Replacement Fund, along with
net earnings on investments in the Bond Fund received after
January 1, 1981, shall be credited aqainst the basic rent due
from the State under the Lease Agreement in the rental period
next following such transfers to or earnings in the Bond Fund, and
the basic rent due from the State for such rental period shall be
reduced accordingly.
Such transfers to and earnings in the Bond
Fund shall be used and applied by the Trustee to payment of princi-
pal of and interest and premium, if any, on the Bonds, the same
as other monies in the Bond Fund.
SECTION 16.
Particular Covenants of the City,
Insurance;
Condemnation. The City hereby covenants and agrees with the holders
of th~ Bonds from time to time and at the time outstanding hereunder,
that so long as any of said Bonds are outstanding:
A. To Pay Principal, Premium and Interest on Bonds. The
City will promptly pay, or cause to be paid, but solely out of the
Revenues and other moneys pledged to such payment in Section 11
hereof, the principal of and the interest and premium, if any, on
every Bond issued rinder the provisions of this Ordinance, at the
place, on the dates and in the manner provided herein and In said
Bonds and in the coupons thereto appertaining according to the
true intent and meaning hereof and thereof.
B. Ownershi2 of Land; Title Opinio~. The City covenants
that it has an option to purchase the land described in Section 3
hereof and that it can acquire qood and indefeasible title and
estate therein subject to Permitted Encumbrances (as hereinafter
defined in this paragraph) and that it will continually defend the
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title thereto and every part thereof for the benefit of the holders
and owners of the Bonds and the bearers of the coupons pertaining
thereto against the claims and demands of all persons whomsoever.
Concurrently with the City's purchase of the land, it will furnish
to the Trustee an opinion of an attorney, based upon an abstract of
title, that the City will acquire upon payment of the purc~ase price
therefor, good marketable title in fee simple to such land,
subject only to Permitted Encumbrances. For the purposes of this
paragraph "Permitted Encumbrances" means, as of any particular
time, (i) liens for ad valorem taxes not then delinquent; (ii)
this Ordinance and the Lease Agreement; (iii) utility, access and
other easements and rights of way, restrictions and exceptions that
will not interfere with or impair the use and occupancy of the
Project; (iv) mechanic's, materialman's, warehousemen's, carrier's
and other liens as and to the extent permitted by paragraph F of
this section; (v) reservations, rights and easements contained in
the deed from the County of Hall, Nebraska, conveying the land to
the City; and (vi) such minor defects, irregularities, encumbrances,
easements, rights of way, and clouds on title as normally exist
with respect to properties similar in character to the Project and
as do not, in the opinion of the City Attorney of the City,
materially impair the use and occupancy of the Project for the
purpose for which it was constructed.
C. Filing and Recording of Ordinances and Lease
Agreement; Instruments of Further Assurance. The City will adopt,
execute, acknowledge and deliver, or cause to be executed, acknow-
ledged, and delivered such ordinances or resolutions supplemental
hereto and such further instruments and transfers and do or cause
to be done such further acts, as may be necessary or reasonably
required, for the better assuring, pledging and confirming unto
the holders of the Bonds, the Revenues and other moneys pledged
hereunder to the payment of the principal thereof and interest and
premium thereon, including without limiting the generality of the
foregoing, performing such filing, registration, recording, re-
filing, reregistration or rerecording of this Ordinance, the Lease
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If and to the extent not covered by the foregoing para-
graphs, on or before July 1, 1980 and on or before each July 1
thereafter, so long as any of the Bonds shall be outstanding, the
City will cause to be filed in the office of the City Clerk-Finance
Director an opinion of counsel (who may be the City Attorney of
the City), stating that no filing, registration or recording and
no refiling, reregistration or rerecording of any instrument
(including this Ordinance, the Lease Agreement, all supplements
and amendments to them, all financing statements and all other
instruments of further assurance) is necessary during the annual
period immediately succeeding the date of such opinion in order
to comply with this section, or if such filing, registration or
recording or.refiling, reregistration or rerecording is necessary,
setting forth the requirements with respect thereto, and the City
shall cause such requirements to be met and within thirty days
thereafter shall cause to be filed with the City Clerk-Finance
Director an opinion of counsel (who may be the City Attorney of
the City) showing that they have been met.
D. Promptly to Complete Cons~~uction, Reconstruction,
Equipping or Reequipping of the Project. The City will proceed,
or cause to be proceeded, with all reasonable dispatch with the
constructing and equipping of the Project and with the constructing
and equipping of any extensions, improvements, or additions,
reconstructions or restorations financed from insurance proceeds
or condemnation awards, all in conformity with law and the require-
ments of all governmental authorities having jurisdiction thereover.
E. Maintenance a~_r!._Repai~~._!?_ro1.~~t. The City will
maintain, but solely out of the Revenues of the Project, or cause
the lessee under the Lease to maintain, the Project in first-class
condition and as arevenue-producirigenterprise, and will keep,
or cause the lessee under the Lease to keep, the same in good
condition and will not commit, or allow to be committed, any
waste with respect to any part of the Project. The City will make,
-32...,
or will cause the lessee under the Lease to make, all necessary
and proper repairs, renewals, replacements and substitutions
thereto required to keep, place and maintain the Project in good
and efficient condition.
F. Payment of Taxes and Claims by the City. The City
will, from time to time, duly pay and discharge, but solely out of
the Revenues of the Project, or cause to be paid and discharged
by the lessee under the Lease, any taxes, assessments or other
governmental charges lawfully imposed upon the Project or any
part thereof, including without limitation, the Revenues, when
the same shall become due and payable and shall keep or cause the
lessee under the Lease to keep the Project and all parts thereof
free from judgments, mechanics' and material liens and free from
all other liens, claims, demands or encumbrances of whatsoever
prior nature or character, except that the City may contest, or
permit or cause to be contested, by appropriate proceedings duly
prosecuted, the applicability or validity of any such tax, assess-
ment or governmental charge, as well as any claim for labor,
material or supplies for work completed or materials or supplies
furnished, if and so long as such contest or proceedings shall
stay the execution or enforcement thereof so that pending the
determination of such contest or proceeding the Project and all
parts thereof are not affected thereby and if and so long as such
contest or proceeding does not impair the security of the Bonds.
If any such execution or enforcement is so stayed and such stay
shall thereafter expire, the City shall forthwith payor discharge,
or cause to be paid and discharged, any such tax, assessment or
governmental charge, or claim for labor, material or supplies.
Before, however, permitting any such contest, the City shall obtain
reasonable assurance indemnifying it and the holders of the Bonds
against loss or liability by reason of any such contest.
G. Against Mortgages and Encumbrances; Agains~~elling
of Property; Certain Sales and Dispositions Permitted. The City
will not create, or permit the creation of, any mortgage, pledge,
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lien or charge upon the Project (including, without limitation,
the land described in Section 3 hereof)~ The City shall not
sell or otherwise dispose or permit the sale or other disposition
of any property, whether real or personal, tangible or intangible,
corporeal or incorporeal, movable or immovable, constituting part
of the Project, except (1) the City may sell or otherwise dispose
of, or permit to be sold or otherwise disposed of, any personal
property which is obsolete, worn-out or not essential to the
proper operation of the Project or to the maintenance of the
Revenues; (2) the City may remove and sell, or permit the removal
or sale, of any fixtures, equipment or apparatus constituting
part of the Project if the replacement of the same 1S necessary
to produce or maintain the Revenues or if there is substituted
therefor fixtures, equipment and apparatus of substantially equal
revenue-producing capability and the rentals payable under the
Lease are not diminished or impaired by such replacement or
substitution; and (3) subject to the remaining conditions of this
paragraph, the City may sell the Project in its entirety to the
State of Nebraska.
In the event of the removal and sale or other
disposition of any personal property, fixtures, equipment and
apparatus as permitted by clauses (1) and (2) of the next preceding
sentence hereof, any moneys received by the City from such sale
or other disposition which are in excess of the costs of any
fixtures, equipment or apparatus, if any, installed or placed 1n
or about the Project in replacement of or substitution for the
personal property, fixtures~ equipment and apparatus so removed,
shall be paid into the Replacement Fund and used and applied as
are all other moneys credited to that Fund; provided that, if the
amount so credited to the Replacement Fund is $25,000 or greater,
such amount shall be applied only to the purchase of Bonds as
authorized with respect to funds in the Replacement Fund. No sale
of the Project in its entirety shall be made to the State of
Nebraska, as aforesaid, (i) unless at or prior to the effectiveness
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of such sale there shall be deposited in the Bond Fund an amount
which, when added to the aggregate amount then on deposit in the
Bond Fund, the Debt Service Reserve Fund and the Replacement Fund,
will be sufficient to payor redeem all Bonds then outstanding on
the date of maturity or redemption thereof, to pay all interest
to accrue on such Bonds to their maturity and redemption date,
and to pay all premiums payable upon such redemption, (ii) unless
upon the making of such deposit in the Bond Fund, all such Bonds
which are to be redeemed prior to their stated maturity shall be
called for redemption on the first date thereafter they may prac-
ticably be redeemed in accordance with their terms, and notice
of such redemption duly given or the giving thereof duly provided
for; and (iii) unless upon the effectiveness of such sale no Bonds
shall thereafter be outstanding hereunder.
H. Financial Records and Reports. The City will keep
or cause to be kept proper books of record and accounts (separate
and apart from all other records and accounts) in which complete
and correct entries shall be made of all transactions relating
to the receipt, disbursement, allocation and application of all
moneys in the Construction Fund and also relating to the receipt,
disbursement, allocation and application of the Revenues and other
moneys subject hereto, including the rentals and other payments
under the Lease. Such books shall be available for inspection by
any holder of the Bonds and the original purchaser or purchasers
of the Bonds, at reasonable hours and under reasonable conditions.
I. Collection< of Rentals and Enforcement of Lease;
Compliance by the City with the Lease Agreement. The City will
promptly collect all rents and charges due for the occupancy
or use of the Project or any part thereof, as the same become due
and include the same in the Revenues, and will promptly and vigorously
enforce its rights against any lessee, tenant or other person by
whom owing who does not pay such rents or charges as they become
due. The City at all times will maintain and vigorously enforce
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all of its other rig6ts under the Lease Agreement; will require
the lessee under the Lease Agreement to perform all its duties
thereunder and to use its best efforts to prevent any default
thereunder; and will cause the lessee under the Lease Agreement
to comply with all of the covenants and provisions, whether
express or implied, thereof.
The City will promptly give notice
to any lessee under the Lease (including without limitation, the
Lease Agreement), that the rentals and charges due under the Lease
or otherwise due for the use and occupancy of the Project have
been pledged hereunder for the security and benefit of the holders
of the Bonds.
The City will in all respects promptly and faithfully
keep, perform and comply with all the terms, provisions, covenants,
conditions, obligations and agreements, express or implied or
imposed by operation of law, of the Lease Agreement to be kept,
performed and complied with by it. The City will not do or permit
anything to be done or omit or refrain from doing anything, In any
case where any such act done, or permitted to be done, or such
omission of or refraining from action, would or might be a default
on the part of the City under the Lease Agreement.
J. Amendment of Lease Agreement:.
The City shall
not consent to the rescission, alteration, amendment or
modification, in whole or in part, of the Lease Agreement with
the State, except
(a) To amend or supplement, not inconsistent with
this Ordinance, to the extent required for the
issuance of Refunding Bonds hereunder;
(b) To amend or supplement to cure any ambiguity
or formal defect or omission or manifest error
in this Ordinance, by provisions not inconsistent
with this Ordinance, based upon an opinion of
Bond Counsel to the City that such amendment
or supplement is necessary for such purposes
and that the amendment or supplement is not
inconsistent with the provisions of this Ordinance;
(c) To modifYI alter or amend in any way, if in the
opinion of the City as determined by the Mayor
and Council, such amendment, alteration or modi-
fication would not impair the effectiveness of
the Lease Agreement as part of the security for
the payment of the Bonds or reduce the rental
payments thereunder and would not materially
adversely affect the rights and i~terest of
the holders of the Bonds; or
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(d) To make amendments or modifications to which the
holders of two-thirds (2/3) in aggregate princi-
pal amount of the the Bonds then outstanding
have given their consent in writing; provided,
however, that no amendment shall be made to
the provisions of the Lease Agreement which would
reduce the rentals payable thereunder without
the consent of the holder of each Bond which
may be affected thereby, except that the basic
rental payable under the Lease Agreement may be
reduced so long as such basic rentals are
sufficient to provide monies in the Bond
Fund to pay the principal of and interest
on all Bonds outstanding under this Ordinance
as such principal and interest become due.
K. Assignment or Subletting of the Lease Agreement by
the Lessee Thereunder. The City shall not consent to the mort-
gaging, pledging, encumbering, or transferring or other alienation
by the lessee under the Lease Agreement, of such Lease or of any
extension thereof or any interest of said lessee therein, nor
shall the City consent to the assignment thereof by the lessee
thereunder. The City may consent to the subletting of the Project
or any part thereof by the lessee under the Lease Agreement for
public use and purposes to the United States of America, the County
of Hall, the City itself, any department, board, bureau, commlSSlon,
agency or instrumentality of any of them or any other local
governmental unit in Nebraska, or to permit any of the foregoing
to use and occupy all or any part of the Project, for public use
and purposes if:
(i) in the opinion of the City such subletting
would not materially adversely affect the rights of the holders
of the Bonds or impair the effectiveness of the Lease Agreement
as part of the security for the payment of the Bonds; (ii) the
use of the Project by such sublessee or by such user and occupier
is consistent with the type and purpose of the Project; and (iii)
the lessee under the Lease Agreement shall at all times remain
liable for performance of all the covenants, conditions and
obligations on its part to be performed under the Lease Agreement,
including the obligation to pay rental thereunder notwithstanding
any such subletting or such use and occupancy which may be made;
provided, however, that without the consent of the City, the
lessee under the Lease Agreement may enter into assignments or
subleases to the extent permitted by Section 25 of the Lease
Agreement.
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L. Reletting of the Project, Operation thereof by the
City. In the event of a default by the lessee under the Lease
Agreement and the lessee thereunder is removed from possession of
the Project, or in the event that the Lease Agreement shall cease
and determine for any reason, the City shall either (i) immedia-tely
proceed to rent the Project as and to the extent permitted by law,
and the City shall attempt to achieve sufficient rental to pay
the interest upon the Bonds when due, to provide for the payment
of the principal thereof at or prior to their maturity, including
from mandatory redemptions from sinking fund installments, if
any, and to permit the City to carry out all its obligations here-
under (including without limiting the generality of the foregoing,
its obligations under paragraphs E and N of this section unless
the lessee under such subletting shall be required to perform
such obligations), and such rentals shall be applied as provided
in Section 18 hereof, immediately and not on condition of any
default; or (ii) the City shall itself operate the Project as a
revenue-producing facility as and to the extent it may do so under
applicable law, and to that end shall fix, maintain and revise
from time to time such schedule of rates, rentals and charges
for the use and occupancy of the Project so that the City can
carry out all its obligations hereunder and so that the payments
required hereby to be made from the Bond Fund can be made as and
when the same become due; provided, however, that the City's
obligations and liability under all provisions of this paragraph
shall be limited to and payable solely from the Revenues derived
by it from the Project and any other moneys held hereunder. In
the event the City shall itself use or occupy all or any part of
the Project upon such default or termination of the Lease Agreement,
it shall charge itself the fair market rental value of the Project
or part thereof so used by it and the amount so charged shall be
deposited hereunder in the Bond Fund.
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M. Prosecution and Defense of Suits. The City will
promptly from time to time take such action as may be necessary
and proper to remedy or cure any defect in or cloud upon the
title to the Project or any part thereof, including the land
described in Section 3 hereof (except for Permitted Encumbrances
as defined in paragraph B of this section), whether now existing
or hereafter developing; and shall prosecute and defend all such
suits, actions and other proceedings as may be appropriate for
such purposes, including the defense of its title to the Project.
The City shall contest and defend against all actions and proceed-
ings in which the validity of this Ordinance or its priority is
or might be questioned or impaired, as and to the extent necessary,
expedient or advisable, so that the security of the Bonds or
the payment thereof shall not be endangered or impaired.
N. Insurance. The City will obtain, or cause to be
obtained, at the time hereinafter set forth, and shall thereafter
at all times maintain, or cause to be maintained, the following
policies of insurance:
1. Fire, Extended Coverage, Earthquake, Tornado
and Hurricane Pamage and Other Insurance. At or prior to the
issuance of the 1979 Bonds, the City shall procure and maintain,
or cause to be procured and maintained, from responsible insurers,
policies of insurance on the Project, against loss or damage to
the Project by fire and lightning, with uniform standard extended
coverage endorsement limited only as may be provided in the stan-
dard form of extended coverage endorsement in use in Nebraska at
the time, and with standard vandalism and malicious mischief
endorsement, plus or including coverage against loss by tornado,
wind and hurricane, and earthquake if available. The amount of
such insurance to be procured and maintained shall be not less
than the lesser of (i) insurance upon a repair or replacement
basis if available, and otherwise to the full insurable value of
the insured property, as determined by a recognized appraiser or
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,'J
insurer selected by the lessee under the Lease and approved by
the City, or (ii) the amount which would be required to payor
redeem all Bonds then outstanding, including any premiums payable
upon their redemption from the proceeds of such insurance and
interest on such Bonds to the redemption date, plus an additional
amount equal to the cost reasonably estimated by the City of
clearing the land described in Section 3 hereof in the event the
damage is not restored. Such insurance may be subject to a
$5,000 deductible applying to each claim. During construction
of the Project the insurance required by this paragraph may be
in the form of "Builders Risk Insurance" meeting the requirements
of this paragraph.
If and when war damage insurance 1S obtainable from
the united States of America or any agency thereof or any corpora-
tion formed by the United States Government, policies of war
damage insurance shall be obtained by the City on the Project.
The amount of such war damage insurance to be procured and main-
tained shall be the lesser of (i) the maximum coverage obtainable,
or (ii) the amount which would be required to payor redeem all
Bonds then outstanding, any premium payable upon their redemption
from the proceeds of such insurance and interest on such Bonds to
the redemption date, plus an additional amount equal to the cost
reasonably estimated by the City of clearing the land described
in Section 3 hereof in the event the damage was not restored,
subject in either case to a $5,000 deductible for each loss.
Whenever and for so long as boiler or pressure vessels
are located on the Project, boiler and pressure vessel insurance
(broad form) insuring against all direct damage to the Project
including any property thereon or therein of the lessee, and also
covering the destru~tion of such boiler or pressure vessels, shall
be obtained in a minimum amount not less than the greater of
$100,000 or the cost of repair and replacement of such boiler and
pressure vessels.
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. .
All insurance required by this subsection 1 may be
procured and maintained by the City or the lessee as part of or ln
conjunction with any other similar policy or policies carried by
them or either of them.
2. Liability and Property Damage Insurance. At
or prior to the commencement of any use and occupancy of the
Project, the City shall either procure and maintain, or shall cause
the lessee under the Lease to procure and maintain, in full force
and effect from responsible insurers a comprehensive insurance
policy or policies no more restrictive than the standard form,
in protection of the City and the lessee und~r the Lease and their
officers, executives, agents, servants and employees,
. .
lnsurlng
said parties against all direct or contingent loss or liability
for damage for personal injury or death or damage to property,
including loss of use thereof, occurring on or in any way related
to the Project or any part thereof, or occasioned by reason of
the occupancy by and the operations of such lessee upon, in and
around the Project or any part thereof, with insurance of
$3,000,000 combined single limit, each occurrence, for personal
injury or death or damage to property (or such greater amounts as
may be determined by the lessee).
Such policies shall cover the
entire Project, including elevators, boilers and escalators therein,
and any sidewalks, streets or other public ways adjoining the
Project and shall insure the lessee under the Lease Agreement
against the liability of such lessee under Section 29 thereof,
to the extent the liability of the lessee under that section of
the Lease Agreement is insurable.
If the lessee under the Lease
so requests, such liability insurance may be procured and main-
tained as part of or in conjunction with any other liability
policy or policies carried by it.
3. Rental or Use and Occupancy Insurance. At or
prior to the commencement of the term of the Lease Agreement, as
set forth in Section 5 thereof, the City shall provide from
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responsible insurers rental insurance, or use and occupancy insur-
ance, or business interruption insurance, to cover loss, total
or partial, of the use of the Project or portions thereof as the
result of any fire, explosion, vandalism, malicious mischief,
other hazards normally covered by extended coverage endorsement,
tornado, hurricane, earthquake, flood and sprinkler leakage, in
such amounts that, in case of a loss of the use of the Project or
any part thereof, the proceeds of such insurance in the event of
loss will be sufficient to make up any loss in the Revenues caused
by such damage and to pay into the Bond Fund for the period the
Project or such damaged portion thereof is not usable, up to a
maximum period of thirty-six (36) months, the total amounts which
would have been paid into said Bond Fund during such period had
such damage not occurred. The insurance required by this section
may be procured and maintained by the City or the Lessee as
part o~ or in conjunction with any similar policy or policies
carried by the City or the Lessee. All policies of insurance
shall provide for not fewer than ten (10) days' notice to the City
and the lessee under the Lease before such policy may be cancelled.
All policies of physical damage insurance and all poli-
cies of rental or use and occupancy or business interruption lnsur-
ance shall provide that all loss thereunder shall be payable to
the Trustee pursuant to a mortgagee's or to a lender's loss
payable endorsement substantially in accordance with the form
approved by the Commissioner of Insurance of the State of Nebraska.
Any proceeds of physical damage insurance received by the Trustee
during the construction of the Project shall be deposited in the
Construction Fund and any proceeds of physical damage insurance
received by the Trustee during any other time shall be held by
the Trustee in a separate special trust.fund hereunder
and be used and applied in accordance with the provisions of
paragraph 0 of this section. All proceeds of rental or business
interruption or use and occupancy insurance required to be carried
by subparagraph 3 above received by the Trustee shall be treated
as Revenues, be deposited in the Bond Fund and be used and applied
as would have been the Revenues received had the damage not occurred
with respect to which such insurance proceeds were paid or are
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,
, .
payable.
Subject to the foregoing provisions of this section,
the City shall adjust all moneys which may become due and payable
under any such policies and may, upon the exercise of reasonable
discretion and reasonable prudence, adjust, compromise or settle
any and all claims thereunder and shall use and apply the proceeds
of such insurance as provided in this Ordinance, and shall be
fully protected in accepting payment on account of such insurance
or on account of any such adjustment, compromise or settlement
so agreed to in good faith by it.
O. Damag~_to_ or Destruction of the Project; Condemnation
Thereof.
In the event of damage to or destruction of any portion
of the Project the City (i) in the event that only a portion
thereof has been damaged or destroyed, shall promptly restore,
or cause to be restored, the Project to a condition at least as
good as existed immediately prior to such casualty, and (ii) In
the event of total destruction of the Project, shall promptly
proceed to rebuild and restore the Project by the erection on the
land described in Section 3 hereof of buildings and facilities of
at least equal revenue-producing capability with the Project as it
existed prior to such destruction and substantially similar in
all respects and not inferior in structure or equipment to the
Project so destroyed; provided that, in either event such restora-
tion or rebuilding by the City shall be required only to the
extent that insurance proceeds (exclusive of the proceeds from
the insurance required to be carried by subparagraph 3 of paragraph
N of this section) are available for such restoration or rebuilding.
All restoration and rebuilding shall be completed free and clear of
all mechanics' or other liens, conditional bills of sale and chattel
mortgages, and shall be in accordance with all requirements of
law and of all public bodies having jurisdiction and with all
requirements of the Commissioner of Insurance of the State of
Nebraska and of any liability insurance company insuring the lessee
under the Lease and the City against liability for accidents in or
connected with the Project. The Trustee shall from time to time
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apply to the cost of restoration or rebuilding of the Project so
much of the insurance proceeds (exclusive of the proceeds from
the insurance required to be carried by subparagraph 3 of paragraph
N of this section) received by it by reason of such damage or
destruction as shall be required therefor, such disbursements to
be made upon receipt by the Trustee of the following:
(1) In the case of payments on a construction
contract, a certificate for payment signed
by the architect or engineer designated by
the City to supervise the restoration or
rebuilding, except that in the case of
payments for purchase of equipment or
goods not supervised by an architect or
engineer, a copy of the invoice without
the architect's or engineer's certificate
shall be sufficient.
(2) So long as the Lease Agreement with the State
remains in effect and .the State is not in
default thereunder, each disbursement shall
be approved by some person designated by
the Director of Administrative Services
of the State to approve the restoration or
rebuilding.
(3) If the Lease Agreement with the State is
not in effect or the State is in default
thereunder, each disbursement shall be
approved in writing by the Mayor and Council
of the City or by some person designated by
the Mayor and Council to give such approval.
In the event of the restoration and rebuilding of the
Project, if any proceeds of insurance received with respect to
the damage or destruction causing such rebuilding shall remain
after all costs of such restoration and rebuilding have been paid
or provided for from such proceeds, such remaining amount shall
be paid and applied by the Trustee to the redemption of Bonds ln
accordance with the provisions of this Ordinance, unless the
amount of such proceeds so remaining is less than $25,000, in
which event such amount shall be deposited into the Replacement
Fund.
Notwithstanding the foregoing provisions of this section,
ln the event of the total destruction of the Project and if the
condition precedent of the next following sentence shall be met,
the Project shall not be rebuilt (a) if the Lease Agreement shall
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not theretofore have terminated in accordance with the provisions
thereof and if the Lessee thereunder shall have elected in accor-
dance with the Lease Agreement to notify, and shall have notified,
the City not to rebuild the Project, and (b) if the Lease Agreement
shall have theretofore terminated and the City elects not to
rebuild or restore the Project.
But in all events the Project shall
be rebuilt unless (1) the aggregate of the insurance proceeds and
the moneys then held in the Bond Fund, the Debt Service Reserve
Fund and the Replacement Fund, and any othe.r moneys lawfully
available therefor and lawfully applied thereto (which proceeds
and other moneys shall be paid into the Bond Fund) will be suffi-
.
cient to pay, and equal to, the principal of all Bonds outstanding
hereunder, all premiums payable upon their redemption from such
moneys, and all interest to accrue on said Bonds to the first
practicable date such Bonds can be redeemed after the receipt by
the Trustee of all such moneys, and (2) all such Bonds are called
for redemption and notice of such redemption duly given or due
provision made for the giving of such notice.
If the whole or any part of the Project shall be con-
demned, the condemnation award received by the City shall be
paid to the Trustee and applied and disbursed by the Trustee at
the direction of the City in accordance with the following:
(a) If only that part of, or portions of that part of,
the Project which are not the actual physical location of the
buildings, or if less than the whole of the Project shall be
condemned, the City shall promptly restore, or cause to be restored,
the remaining portion of the Project so that it will constitute
a complete architectural unit; providing that this provision
shall not be construed to require the acquisition of any land.
Such restoration shall be performed in conformity with and subject
to all the provisions and conditions of this section applicable
upon the partial destruction of the Project by fire or other
casualty, as if such provisions were concerned with condemnation
rather than damage by fire or other casualty and with the use and
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Ci ty nor such l,essee need comply with any such statute, law,
ordinance, order, rule, regulation, judgment, decree, direction
or requirement if and so long as the City or such lessee in good
faith shall be contesting or permitting or causing to be contested
the applicability or validity thereof by appropriate proceedings
diligently prosecuted, even though such contest may result in
the imposition of a lien or charge against the Project if (1)
the lessee, before commencing any such contest shall notify the
City thereof and shall furnish to the City any reasonable assur-
ance required by it indemnifying it and the holders of the Bonds
against loss or liability by reason of any such contest; (2)
the City or such lessee shall effectively prevent foreclosure
or enforcement of any such lien; and (3) the foreclosure or
enforcement of any such lien shall be stayed, and if said stay
thereafter expires, the City or such lessee shall forthwith
discharge such lien or cause the same to be discharged, so that
pending such proceedings the Project and the Revenues thereof
shall not be affected thereby, and the security of the Bonds shall
not be impaired.
The City shall comply with and perform, or cause to
be complied with and performed, all acts, things, covenants,
agreements, obligations, duties and provisions, express or implied,
required to be done or performed by or on its behalf under this
Ordinance and supplements hereto and the Bonds and coupons ln
accordance with the terms hereof and thereof.
Q. Taking Any Further Action Required for Purposes of
this Ordinance. The City shall, at any and all times, adopt,
make, do, execute, acknowledge, deliver, register, file and record
all such other and further resolutions, acts, deeds, demands,
conveyances, assignments, transfers, assurances and instruments
and give such further notices and do such further acts, as may
be reasonably necessary, proper or desirable for the better assuring,
pledging and assigning the Revenues and other moneys pledged,
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,
, ,
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assigned or charged hereunder or intended so to be, or which the
City may hereafter become bound to pledge, assign or charge,
or for the carrying out more effectively the purposes and intent
or facilitate the performance of this Ordinance.
SECTION 17. The Trustee.
The First National Bank of
Grand Island in the City of Grand Island, Nebraska, is hereby appointed
Trustee. The Trustee shall signify its acceptance of the duties and
obligations imposed upon it by this Ordinance as such Trustee by
executing and delivering to the City a written acceptance of the
provisions of this Ordinance.
Such acceptance shall constitute an
agreement of the Trustee to perform the duties of the Trustee here-
under as an ordinarily prudent trustee under a corporate indenture.
Trustee may resign at any time by giving not less than sixty (60)
days notice to the City and, within five (5) days after giving such
notice, by publishing a notice of such resignation in a newspaper
of general circulation published in Omaha, Nebraska. The Trustee
may be removed at any time upon the written request or upon the
affirmative vote of the holders of the majority in principal amount
of Bonds outstanding.
In the event of such resignation or removal,
a successor may be appointed by the holders of the majority in
principal amount of the Bonds then outstanding, and such successor
shall have all the powers and obligations of the Trustee thereto-
fore vested in its predecessor; provided that unless and until
the successor Trustee shall have been appointed by the holders of
the Bonds as aforesaid, the City shall forthwith appoint a Trustee
to fill such vacancy. Any successor Trustee shall be a bank or
trust company having a capital and surplus of not less than
Three Million Dollars ($3,000,000).
Any company under which the Trustee may be merged or with
which it may be consolidated or any company resulting from any
merger or consolidation to which it shall be a party or any
company to which the Trustee may sell or transfer all or substantially
all of its corporate trust business shall, upon the consuwnation of
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such merger, consolidation, sale or transfer, become successor
Trustee; provided, that such company otherwise qualifies for the
office as provided in this Section.
The duties and obligations of the Trustee shall be
determined solely by the express prOV1Slons of this Ordinance
and the Trustee shall not be liable except for the performance
of such duties and obligations as are specifically set forth in
this Ordinance. The Trustee shall be protected when acting in
good faith upon the advice of its counsel who may be counsel to
the City. The Trustee may conclusively rely upon any certificate
of the City executed on behalf of the City by the Mayor or the
City Clerk. The Trustee may require of the City full informa-
tion and advice as to the performance of all covenants, conditions
and agreements of the City contained in this Ordinance or any
. supplement hereto. The Trustee shall not be required to ascertain
or inquire as to the correctness of arty information, statements,
inclusions or opinion expressed in any certificate, resolution,
report, opinion or other document furnished to it pursuant to any
provision of this Ordinance.
The Trustee in its individual capacity may become the
owner or pledgee of Bonds or Coupons with the same right it would
have if it were not a Trustee hereunder.
The Trustee shall be entitled to reasonable compensation
for all services rendered by it in the execution, exercise or
performance of any of the powers and duties to be exercised or
performed by it pursuant to the provisions of this Ordinance and
for the reasonable expenses, charges and other disbursements
incurred in connection with the exercise and performance of said
powers and duties, all of which under the Lease Agreement are to
be paid to the Trustee by the State as lessee under the Lease
Agreement. If the Lease Agreement with the State shall terminate
prior to full payment or provision for full payment of the Bonds
and interest thereon, the fees and expenses of the Trustee shall
be paid by the City as other expenses of operating and maintenance
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.' i
of the Project, but such fees and expenses shall be paid solely
from the Revenues and the City shall have no obligation to pay
such fees and expenses from any other funds of the City.
The Trustee shall furnish to the State such information
concerning rentals due under the Lease Agreement and investment
earnings of the various funds hereunder as the State may from
time to time request.
SECTION 18.
Termination of Lease Agreement.
In the event of termination of the Lease Agreement in accordance
with its terms, prior to payment or provision for full payment
of all Bonds outstanding under this Ordinance and interest thereon,
the Revenues of the Project shall be deposited with the Trustee
as and when received and shall be applied by the Trustee in the
following order of priority:
(a) To the expenses of operating and maintaining
the Project including providing insurance
and making necessary repairs and replacements
and payment of the fees and expenses of the
Trustee, as the Trustee shall determine
necessary or appropriate to maintain the
Project as a revenue-producing facility for
the best interests of the Bond holders.
(b) To setting aside of such reserve for payment
of operating and maintenance expenses of
the Project as the Trustee shall determine
necesary considering the amount of such
expenses and the availability of future
Revenues to provide funds to pay such oper-
ating and maintenance expenses.
(c) Any revenues remaining after satisfaction
of (a) and (b) above shall be deposited
into the Bond Fund.
Disbursement of Revenues for payment of operating and maintenance
expenses of the Project shall be in the discretion of the Trustee,
but the Trustee shall be entitled to rely upon directions from
the Mayor and Council 6f the City as to the necessity or propriety
of making any contract or expenditure for the operation and
maintenance of the Project and the Trustee shall not incur any
liability for making any disbursements so directed by the Mayor
and Council of the City.
SECTION 19. Amendment of this Ordinance. The City
shall not amend this Ordinance except in accordance with the
provisions of this section.
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.
1. The City may from time to time and without the
consent of any holder of the Bonds, (i) make any modification
or amendment of this Ordinance not inconsistent herewith
required for the correction of lanaguage or to cure any ambiguity
or defective provision, omission, mistake or manifest error
herein contained; (ii) in accordance and upon compliance with
the provisions of Section 10 hereof, enact ordinance supplemental
hereto authorizing the issuance of Refunding Bonds; and (iii)
make any amendments or supplements hereto to grant to or confer
upon the Bondholders additional rights, remedies, power and
authority, or to grant to or confer upon any Bondholders committee
or the Trustee any additional rights, remedies! power or authority.
2. From time to time the holders of sixty-six and two-
thirds percent (66 2/3%) in principal amount of the Bonds then
outstanding hereunder by an instrument or instruments in writing
signed by such holders and filed with the City, shall have power
to assent to and authorize any modification or amendment that
shall be proposed by the City of the provisions of this Ordinance
or of the rights and obligations of the City and of the holders
of the Bonds and interest coupons issued hereunder, and any action
herein authorized to be taken with the assent and authority given
as aforesaid of the holders of sixty-six and two-thirds percent
(66 2/3%) in principal amount of said Bonds at the time out-
standing hereunder shall be binding upon the holders of all of said
Bonds outstanding hereunder and upon the City as fully as though
sucp action were specifically and expressly authorized by the
terms of this Ordinance; provided always, that without the consent
of the holder of each Bond affected thereby, no such modification
shall be made which will (a) extend the time of payment of the
principal of or the interest on any Bond or reduce the principal
amount thereof or the rate of interest thereon or the premium
payable upon the redemption thereof, or (b) give to any of said
Bond or Bonds any preference over any other Bond or Bonds secured
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equally and ratably therewith, or (c) authorize the creation of
any pledge prior to or, except as provided in Section 10 hereof
for the issuance of Refunding Bonds, on a parity with the pledge
afforded by this Ordinance, or (d) deprive any holder of said
Bonds of the security afforded by the pledge of this Ordinance,
or (e) reducethe~percentage in principal amount of the said Bonds
required to assent to or authorize any such modification to this
Ordinance or the percentage in principal amount of the Bonds
required by paragraph J of Section 16 hereof to assent to or
authorize modifications or amendments to the Lease Agreement.
Any modification or amendment or supplementing of the
provisions of this Ordinance or of any ordinance supplemental
hereto shall be set forth in a supplemental ordinance to be enacted
by the City.
SECTION 20. Certain Bonds Deemed Not Outstanding
In determining whether the holders of the requisite
Hereunder.
aggregate principal amount of Bonds have concurred in any walver
of an Event of Default as defined in Section 22 hereof, or in any
,
waiver of default under the Lease Agreement, or in any direction
or consent regarding this Ordinance or the Lease Agreement, the
following Bonds shall be disregarded and deemed not to be outstand-
ing for the purpose of any such determination:
(i) Bonds which
are owned or controlled directly or indirectly by the City; and
(ii) Bonds which are owned by the lessee under the Lease (including
the lessee under the Lease Agreement) or any other obligor under
the Lease, or by any person directly or indirectly controlling
or controlled by or under direct or indirect common control with
the lessee under the Lease or any other obligor under the Lease;
provided that for the purpose of determining whether the City
shall be protected in relying on any such waiver, direction or
consent, only Bonds which the City knows are owned as above set
forth shall be so disregarded.
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SECTION 21. Ordinance to Constitute a Contract with
Bondholders; Enforcement of Same. So long as any of the Bonds
are outstanding, each of the obligations, duties, limitaticins
and restraints imposed upon the City by this Ordinance shall be
deemed to be a covenant between the City and every holder of
said Bonds. This Ordinance and every provision and covenant
hereof and the provisions of Section 18-1804, R.R.S. 1943,
shall constitute a contract with every holder from time to time
of the Bonds and the coupons pertaining thereto, and shall be
enforceable by any owner or holder of a Bond or of any of the
coupons of any of the Bonds, by mandamus or other appropriate
action or proceeding at law or in equity in any court of competent
jurisdiction, including without limiting the generality of the
foregoing, the bringing of a suit or suits to compel compliance
with the provisions of this Ordinance.
SECTION 22. Events of Default. Each of the following
events is hereby defined as and declared to be and to constitute
an "Event of Default": (a) if payment of the principal of and
premium (if any) on any Bond shall not punctually be made when
due, whether due at the stated maturity thereof or upon proceedings
for the redemption thereof (whether by voluntary redemption or a
mandatory sinking fund redemption) or by declaration as provided
in Section 23 hereof; (b) if payment of the interest on any Bond
shall not punctually be made when due; (c) if the provisions of
any ordinance supplemental hereto with respect to mandatory
sinking fund installment payments and the redemption of Refunding
Bonds therefrom, as the case may be, shall not punctually be
complied with at the time and in the manner specified in such
supplemental ordinances; (d) if the City shall discontinue or
unreasonably delay or fail to carryon with reasonable dispatch
the constructio~ of the Project; and (e) if the City shall fail
to duly and punctually perform or observe any other of the
covenants, agreements or conditions contained in this Ordinance
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or in the Bonds, on the part of the City to be performed, and
such failure shall continue for thirty (30) days after written
notice specifying such failure and requiring the same to be
corrected shall have been given to the City by the Trustee or
by the holders of not less than twenty percent (20%) of the
holders of the Bonds then outstanding; provided that, if such
failure shall be such that it cannot be corrected within such
thirty (30) day period, it shall not constitute an Event of
Default if corrective action is instituted within such period
and diligently pursued until the failure is corrected.
SECTION 23. Remedies of Bondholders; Waivers of Event of
Default; Termination of Proceedings. Upon the occurrence of an
event of default, the Trustee may, and upon the written request
of the holders of twenty-five percent (25%) in aggregate principal
amount of Bonds outstanding hereunder, shall, by notice in writing
delivered to the City and the State declare the principal of all
Bonds hereby secured then outstanding, and the interest accrued
thereon, immediately due and payable. This provision is subject,
however, to the condition that if at any time after such declara-
tion of principal and interest as immediately due, the principal
amount of all Bonds which have matured and all arrears of
interest, together with the reasonable charges and expenses of the
Trustee shall have been paid in full, the holders of fifty percent
in aggregate principal amount of Bonds outstanding hereunder may
waive such default and its consequences and rescind such declara-
tion. Until it is required to make the declaration hereinabove
in this Section provided, the Trustee shall have power to waive
any default arising hereunder if, in the opinion of the Trustee,
the same shall ahve been cured or adequate satisfaction made there-
for or if the Trustee deems the declaration not to be in the best
interest of bondholders. No such waiver shall extend to or affect
any subsequent default.
Upon the occurrence and a continuation of an event of
default, the Trustee may on its own initiative, and shall upon
the written request of the holders of not less than twenty-five
percent (25%) in principal amount of the Bonds then oustanding
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hereunder, and upon being indemnified to its reasonable satisfac-
tion against any and all costs, expenses, outlays, counsel fees
and other reasonable disbursements a.nd against all liability,
proceed to take steps needful for the protection and enforcement
of its rights and the rights of the holders of the Bonds as shall
be provided by law, including a suit, action, or special proceeding
In equity or at law.
No holder of any of the Bonds or coupons shall have any
right to institute any suit, action or proceeding in equity or at
law hereunder or for any other remedy hereunder unless such holder
previously shall have given to the Trustee written notice of an
event of default as herein provided and unless the holders of
not less than twenty-five percent (25%) in principal amount of
the Bonds then outstanding shall have made written request of the
Trustee, after the right to exercise such powers or rights of
action, as the case may be, shall have accrued, either to proceed
to exercise the powers herein granted or to institute such action,
suit or proceeding in the name of the Trustee and the Trustee shall
have refused or neglected to comply with such request within a
reasonable time and after be~ng afforded a reasonable opportunity
to do so and after having been offerred security and indemnity
satisfactory to it against the costs, expenses and liabilities
to be incurred therein or thereby as aforesaid. All actions to
enforce any provision of this Ordinance shall be instituted and
maintained for the equal benefit of all holders of the Bonds and
coupons, except that nothing herein contained shall impair the
right of any holder of any Bond at or after the maturity thereof
to reduce the same to judgment.
All rights of action under this Ordinance or under any
of the bonds secured hereby, enforceable by the Trustee, may be
enforced without the possession of any of the Bonds or coupons
thereto pertaining or the production thereof at the trial or other
proceedings relative thereto, and any such suit or proceeding
instituted by the Trustee shall be brought for the ratable benefit
of the holders of the Bonds and coupons, subject to the provisions
of this Ordinance.
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No walver of any default or breach of duty by any bond-
holder or the Trustee shall impair any such right or power or
shall be construed or be a waiver of any such default or any
subsequent default.
Anything in this Ordinance to the contrary notwithstand-
lng, if at any time the moneys in the Bond Fund shall not be
sufficient to pay the interest on or the principal of the Bonds
as the same shall become due and payable (either by their terms
or by acceleration of maturities under the provisions of the
second paragraph of this Section), such moneys, together with any
moneys then available or thereafter becoming available for such
purpose, whether through the exercise of the remedies provided
for in this Article or otherwise, shall be applied as follows:
(a) Unless the principal of all the Bonds shall
have become or shall have been declared due
and payable, all such moneys shall be applied:
First: to the payment to the persons entitled
thereto of all installments of interest then
due and payable in the order in which such
installments became due and payable and, if
the amount available shall not be sufficient
to pay in full any particular installment, then
to the payment, ratably, according to the amounts
due on such installment, to the persons entitled
thereto, without ~ny discrimination or preference
except as to any difference in the respective
rates of interest specified in the Bonds;
Second: to the payment to the persons entitled
thereto of the unpaid principal of any of the
Bonds which shall have become due and payable
(other than Bonds called for redemption for the
payment of which moneys are held pursuant to the
provisions of this Ordinance), in the order of
their stated payment dates, with interest on the
principal amount of such Bonds at the respective
rates specified therein from the respective dates
upon which such Bonds became due and payable,
and, if the amount available shall not be suffi-
cient to pay in full the principal of the Bonds
by their stated terms due and payable on any
particular date, together with such interest,
ratably, according to the Amount of such interest
due on such date, and then to the payment of
such principal, ratably, according to the amount
of such principal due on such date, to the persons
entitled thereto without any discrimination or
preference; and
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Third: to the payment of the interest on and
the principal of the Bonds, to the purchase
and retirement of Bonds and to the redemption
of Bonds, all in accordance with the provisions
of Sections 4 and 5 of this Ordinance.
(b) If the principal of all the Bonds shall have
become or shall have been declared due and pay-
able, all such moneys shall be applied to the
payment of the principal and interest then due
and unpaid upon the Bonds, without preference
or priority of principal over interest or of
interest over principal, or of any installment
of interest over any other installment of in-
terest, or of any Bond over any other Bond,
ratably, according to the amounts due respec-
tively for principal and interest, to the
persons entitled thereto without any discrimi-
nation or preference except as to any difference
in the respective rates of interest specified
in the Bonds.
(c) If the principal of all the Bonds shall have
been declared due and payable and if such
declaration shall thereafter have been rescinded
and annulled under the provisions of this Section,
then, subject to the provisions of paragraph (b)
of this paragraph in the event that the principal
of all of the Bonds shall later become or be
declared due and payable, the moneys remaining in
and thereafter accruing to the Bond Fund shall
be applied in accordance with the provisions
of paragraph (a) of this paragraph.
Whenever moneys are to be applied by the Trustee pursuant
to the provisions of the preceding paragraph, such moneys shall be
applied by the Trustee at such times, and from time to time, as
the Trustee in its sole discretion shall determine, having due
regard to the amount of such moneys available for application and
the likelihood of additional moneys becoming available for such
application in the future and the deposit of such moneys, or other-
wise setting aside such moneys, in trust for the proper purpose
shall constitute proper application by the Trustee; and the Trustee
shall incur no liability whatsoever to any bondholder or to any
other person for any delay in applying any such moneys, so long
as the Trustee acts with reasonable diligence, having due regard
to the circumstances, and ultimately applies the same in accordance
with such provisions of this Ordinance as may be applicable at the
time of application by the Trustee. Whenever the Trustee shall
exercise such discretion ln applying such moneys, it shall fix
the date (which shall be an interest payment date unless the
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Trustee shall deem another date more suitable) upon which such
application is to be made and upon such date interest on the
amounts of principal to be paid on such date shall cease to acrrue.
The Trustee shall glve such notice as it may deem appropriate of
the fixing of any such date, and shall not be required to make
payment to the holder of any unpaid coupon or any Bond until such
coupon or such Bond and all unmatured coupons, if any, appertaining
to such Bond shall be surrendered to the Trustee for appropriate
endorsement, or for cancellation if fully paid.
In case any proceedings taken by the Trustee on any
account of any default shall have been discontinued or abandoned
for any reason, then and in every such case the City, the Trustee
and the bondholders shall be restored to their former positions
and rights hereunder, respectively, and all rights, remedies,
powers and duties of the Trustee shall continue as though no
proceeding had been taken.
Anything in this Ordinance to the contrary notwithstanding,
the holders of a majority in principal amount of the Bonds then
outstanding hereunder shall have the right, by an instrument or
concurrent instruments in writing executed and delivered to the
Trustee, to direct the method and place of conducting all remedial
proceedings to be taken by the Trustee hereunder, provided that
such direction shall not be otherwise than in accordance with law
and the provisions of this Ordinance.
SECTION 24.
Consents, etc., of Bondholders. Any consent,
request, direction, approval, objection or other instrument required
by this Ordinance to be signed and executed by the bondholders may
be in any number of concurrent writings of similar tenor and may
be signed or executed by such bondholders in person or by agent
appointed in writing. Proof of the execution of any such consent,
request, direction, approval, objection or other instrument or of
the writing appointing any such agent, if made in the manner herein-
after in this section set forth shall be sufficient for any of the
purposes of this Ordinance and shall be conclusive in favor of the
-58-
City with regard to any action taken under such request or other
instrument: (A) The fact and date of the execution by any person
of any such writing maybe proved by the certificate of any officer
in any jurisdiction who by law has power to take acknowledgments
within such jurisdiction that the person slgnlng such writing
acknowledged before him the execution thereof, or by affidavit
of any witness to such execution. (B) The fact of the holding
by any person of Bonds or coupons transferable by delivery and
the amounts and numbers of such Bonds, and the date of the holding
of same, may be proved by a certificate executed by any trust
company, bank or bankers, wherever situated, stating that at the
date thereof the party named therein did exhibit to and officer
of such trust company or bank or to such banker, as the property
of such party, the Bonds or coupons therein mentioned if such
certificate shall be deemed by the City to be satisfactory. The
City may, in its discretion, require evidence that such Bonds have
been deposited with a bank, banker or trust company, before taking
any action based on such ownership. In lieu of the foregoing the
City may accept other proofs of the foregoing as it shall deem
appropriate. For all purposes of this Ordinance and of the
proceedings for the enforcement hereof, persons whose ownership is
proven as herein provided shall be deemed to continue to be the
holders of such Bonds until the City shall have received notice
in writing to the contrary.
SECTION 25. Discharge of Liens and Pledges; Bonds No
Lonqer Outstandinq Hereunder. The obligations of the City under
this Ordinance, including any ordinances, resolutions or other
proceedings supplemental hereto, and the liens, pledges, trusts,
covenants and agreements of the City herein or therein made or
provided for, shall be fully discharged and satisfied as to any
Bond and such Bond shall no longer be deemed to be outstanding
hereunder and thereunder,
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(a) when such Bond shall have been cancelled, or
shall have been purchased from moneys in any
of the funds held under this Ordinance, or
(b) as to any Bond not cancelled or so purchased,
when payment of the principal of and the
applicable redemption premium, if any, on
such Bond, plus interest thereon to the
due date thereof (whether such due date be
by reason of maturity or upon redemption or
prepayment, or otherwise), either (i) shall
have been made or caused to be made in accor-
dance with the terms thereof, or (ii) shall
have been provided by irrevocably depositing
with the Trustee, in trust and irrevocably
set aside exclusively for such payment, (1)
moneys sufficient to make such payment or
(2) Governmental Obligatons (as defined
hereinafter in this section) maturing as to
principal and interest in such amount and
at such times as will insure the availability
of sufficient moneys to make such payment.
At such time as a Bond shall no longer be outstanding hereunder,
as aforesaid, such Bond shall cease to draw interest from the
due date thereof (whether such due date be by reason of maturity
or upon redemption or prepayment or otherwise) and, except for
the purposes of and such payment from such moneys or Governmental
Obligations, shall no longer be secured by or entitled to the
benefits of this Ordinance.
Notwithstanding the foregoing, in the case of Bonds which
by their terms may be redeemed or otherwise prepaid prior to their
stated maturities, no deposit under clause (ii) of subparagraph
(b) above shall constitute such payment, discharge and satisfaction
as aforesaid,
(A) as to any such Bonds as are not at the time of the
making of such deposit immediately redeemable or prepayable In
accordance with the provisions of proceedings providing for their
issuance and of such Bonds, until either (1) such Bonds shall have
been irrevocably called or designated for redemption or prepayment
on the first date thereafter such Bonds may be redeemed or prepaid
in accordance with the provisions providing for their issuance and
of such Bonds, or (2) until ninety days prior to the respective
stated maturities of such Bonds; and
-60-
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(B) as to all such Bonds which are to be redeemed or
prepaid prior to their respective stated maturities, until proper
notice of such redemption or prepayment shall have been previously
published in accordance with Section 5 hereof or provision satis-
factory to the Trustee shall have been irrevocably made for the
giving of such notice.
Any such moneys so deposited with the Trustee as provided in this
section may at the discretion of the City also be invested and
reinvested in Governmental Obligations, maturing in the amounts
and times as hereinbefore set forth, and all income from all
Governmental Obligations in the hands of the Trustee pursuant
to this section which is not required for the payment of the
Bonds and interest and premium thereon with respect to which such
moneys shall have been so deposited, shall be paid to the City.
For the purposes of this section, the term "Governmental
Obligations" shall mean direct general obligations of, or obliga-
tions the payment of the principal and interest of which are
unconditionally guaranteed by, the United States of America.
Notwithstanding any provision of this Ordinance or of
ordinances, resolutions or proceedings supplemental hereto which
may be contrary to the provisions of this section, all moneys or
Governmental Obligations set aside and held in trust pursuant to
the provisions of this section for the payment of Bonds (including
interest and premium thereon, if any) and coupons shall be applied
to and applied solely for the payment of the particular Bonds
(including interest and premium thereon, if any) with respect to
which such moneys and Governmental Obligations have been so set
aside in trust.
Anything in Section 19 of this Ordinance to the contrary
notwithstanding, if moneys or Governmental Obligations have been
deposi ted or set aside wi th the Trustee pursuant to this section for
the payment of specific Bonds and such Bonds shall not have in fact
been actually paid in full, no amendment to the provisions of this
section shall be made without the consent of the holder of each
Bond affected thereby.
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required to be taken or within which any right will lapse or expire
shall terminate on a Sunday or legal holiday, such time shall con-
tinue to run until midnight on the next succeeding business day.
SECTION 29. Arbitrage Provision.
~he City shall not
take, or cause or permit to be taken, any action which would cause
a Bond to be an "arbitrage bond" as defined in subsection (c) (2) of
Section 103 of the United States Internal Revenue Code of 1954, as
amended.
To that end the City shall comply with the requirements
of subsection (c) of Section 103 of the United States Internal
Revenue Code of 1954, as amended, and the applicable regulations of
the United States Treasury adopted or proposed thereunder, through-
out the term of the Bonds.
Should a court of competent jurisdiction
ever determine that, at the time of issuance and under the reasonaple
expectations regarding the amount and use of proceeds of the govern-
ment obligations purchased from the proceeds of any Bond at any
time, that an arbitrage profit would be earned (as defined in Code
Sec. 103(c), as a result of the investment of bond proceeds by the
Trustee at the direction of the City, the City shall pay to the
Trustee an amount equivalent to such arbitrage profit which the
Trustee shall, in turn, remit to the United States Treasury.
SECTION 30.
Section Headings; Table of Contents. The
headings or titles of the several sections hereof, and any table
of contents appended to copies hereof, shall be solely for con-
venience of reference and shall not affect the meaning, construc-
tion interpretion or effect of this Ordinance.
SECTION 31. Publishing and Effectiveness of this
Ordinance; Notice of Passage Hereof. This ordinance after its
passage shall be published in pamphlet form by the City Clerk, and
this Ordinance shall take effect and be in force fifteen (15) days
after its passage.
Passed and approved this
z,
day of April, 1979.
Attest:
~~~-
May. r.
;:?~~/
Ci ty Clerk .
-63-
ORDINANCE NO. 6423
.
An ordinance to amend Section 5-18 of the Grand Island City Code pertaining
to dog registration fees; to repeal the original section; to provide for a penalty;
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 Section 5-18 of the Grand Island City Code be amended to read
as follows:
"Sec. 5-18. REGISTRATION TAX - AMOUNTS - DELINQUENT -
DUTIES OF THE CITY TREASURER
(a) The ovmer of any dog in the City of Grand Island shall pay to
the city treasurer of said city an annual.registration tax for said dog in
the sum of three dollars. The annual license as provided in this section
shall be for the period of April 1 of the licensing year and shall expire
on Harch 31 of the following year. The license provided for by this
section shall be secured by each new owner or new resident within thirty
days of establishing residency in the city or acquiring said animal, not-
withstanding the fact that the dog may have been registered within the
annual period by a previous owner or that the dog has been registered with
another authority other than the City of Grand Island.
(b) The tax required in (a) above shall become due on the first day
of April of the licensing year and shall become delinquent on the first
day of June of each year. The owner of any dog in the City of Grand Island
registering the same after said tax has become delinquent shall pay an
amount in the sum of four dollars.
(c) No dog shall be registered and licensed by the city treasurer
unless and until the owner shall deliver to the treasurer the certificate
of a.licensed veterinarian showing that such dog has been vaccinated for
rabies; provided, that this subsection (c) shall not apply to dogs under
the age of four months; and, p:-ovided further, that it shall be the duty
of the owner or keeper of any dog attaining the age of four months to caUSe
said dog to be vaccinated for rabies within thirty days of the dog's reaching
the age of four months, to cause said dog to be registered by the city
treasurer."
SECTION 2. That Section 5-18 as heretofore existing be, and hereby is, repealed.
SECTION 3. Any person violating the provisions of this ordinance shall, upon
conviction, be deemed guilty of a misdemeanor and be punished as provided 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, approval, and publication within fifteen days in one issue of the Grand
Island Daily Independent, as provided by law.
Enacted
April 2, 1979
ATTEST, /?~d~./
ity C er (
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ROBERT L. K~ Mayor
e
LEGAL DEPARTMEf
.
.
ORDINANCE NO. 6424
An ordinance to vacate a part of an existing public
utilities easement in Lot 18, Imperial Village Eighfu Subdivision
in the City of Grand Island, Nebraska; and to provide the
effective date of this ordinance.
BE IT ORDAINED BY THE ~1AYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That the westerly 122 feet of the northerly two
(2) feet of the southerly eight (8) foot wide easement in Lot 18,
Imperial Village Eighth Subdivision in the City of Grand Island,
be, and hereby is, vacated, all as shown on the plat marked Exhibit
"A" attached hereto and incorporated herein by reference.
SECTION 2. That the title to that part of the public utilities
easement vacated by Section 1 of this ordinance shall revert to the
owner or owners of the property abutting said vacated easement.
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.
SECTION 4. This ordinance shall be in force and take effect
from and after its passage, approval, and publication, without the
plat, within fifteen days in one issue of the Grand Island Daily
Independent, as provided by law.
Enacted April 2,1979
~Ln~__
BERTL . ,Mayor
ATTEST:
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~y Clerk -
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LEGAL DEP ARTM E I'
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ORDINANCE NO. 6425
An ordinance to amend Section 8-3 of the Grand Island City Code pertaining to
amendments to the Uniform Building Code as adopted by the City of Grand Island; to repeal
conflicting ordinances; and to provide the effective date hereof.
as follows:
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BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. That Section 8-3 of the Grand Island City Code be amended to read
"Sec. 8-3. SAME' - AMENDMENTS TO BUILDING CODE
(1) Section 205 of the Uniform Building Code adopted pursuant to Section 8-1
of the Grand Island City Code is hereby amended to read as follows:
Sec. 205. Violations and Penalties
It shall be unlawful for any person, firm, or corporation to erect,
construct, enlarge, alter, repair, move, improve, remove, convert, or
demolish, equip, use, occupy, or maintain any building or structure in
the city, or cause the same to be done, contrary to or in violation of
any of the provisions of this Code.
_ Any person, firm, or coporation violatinp any of the provisions of
this Code shall be deemed guilty of a misdemeanor and each such person
shall be deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of any of the provisions of
this Code is committed, continued, or permitted, and upon conviction of
any such violation such person shall be punishable by a fine of not more
than $100, or by imprisonment for not more than thirty days, or by both
such fine and imprisonment.
(2) Section l60l(a) of the Uniform Building Code, adopted pursuant to Section
8-1, is hereby amended to read as follows:
Sec. l601(a). Fire Zones Defined
For the purpose of the Uniform Building Code, the entire city is
hereby divided into fire zones as specified in Section 8-5 of the Grand
Island City Code. All area within the corporate limits not within Fire
Zone No.1 or Fire Zone No.2 is hereby declared to be in Fire Zone No.3.
(3) Chapter 29 of the Uniform Building Code, adopted pursuant to Section 8-1
is hereby amended. by adding thereto subsection 2910 to read as follows:
Sec. 2910. Backplaster and Dampproofing
Exterior foundation walls below grade of any building consisting of
masonry units having a basement shall be backplastered with one-half inch
(~") masonry coating and coated with an approved dampproofing material.
Poured concrete foundations shall be coated with dampproofing without
backplaster.
(4) Chapter 5 of the Uniform Building Code adopted pursuant to Section 8-1
is hereby amended by adding thereto Section 504(d) to read as follows:
Sec. 504(d). Exceptions
The provisions set forth above for Residential Development (RD) Zone
shall be determined not from the location of a structure from the property
line but from the location of a primary structure to another primary structure
located on an adjacent lot. All requirements pertaining to fire resistant
walls and window opening protection as set forth in Table No.5-A, III, shall
be complied with when such adjacent primary structures are closer than ten
feet apart. Distance shall be measured at right angles from the wall of
one structure to the closest wall of an adjacent primary structure.
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ORDINANCE NO. 6425 (Cont1d)
SECTION 2. That the original Section 8-3 of the Grand Island City Code as
heretofore existing, be, and hereby is, repealed, as are any other sections or ordinances
in conflict herewith.
SECTION 3. This ordinance shall be in f6ice: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 2, 1979
~~or
ATTEST, &~~
City C er
- 2 -
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ORDINANCE NO. 6426
.
An ordinance to amend 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 IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
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. TAX RATE
The annual rate of the general license and occupation
tax and classification of businesses are as follows:
(1) 6.0t square foot floor space upon all space used
for business and professional offices in the district;
Provided,
(2) $35.00 minimum annual tax for any single business
or professional office should the tax rate under (1) above
be less than $35.00;
(3) Any business or professional office operating and
maintaining any off-street parking place within said downtown
improvement and parking district which is hereby defined as
180 square feet which may be reasonably used for parking a
motor vehicle shall receive $5.00 credit in computing the tax
due under (1) above, but in no event shall pay less than the
minimum annual tax as set forth in (2) above."
SECTION 2. That the original Section 40-3 of the Grand Island
City Code as heretofore existing, is hereby repealed.
SECTION 3. This ordinance shall be in full force and effect
from and after its passage, approval, and publication within fifteen
days, as provided by law.
Enac ted 16 April 1979
.
ATTEST:
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City Clerk
APPRO V
LEGAL DEPARTMEf
e
e
ORDINANCE NO. 6427
An ordinance to vacate a part of an existing public utilities
easement in Continental Gardens Subdivision; and to provide the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. That the southerly three (3) feet of the northerly
eight (8) feet of Lots 31, 32, and 33 of Block 1, Continental Gardens
Subdivision, as.. shown on the plat marked Exhibit "A" attached hereto
and incorporated herein by reference, be, and hereby is, vacated.
SECTION 2. That the title to that part of the public utilities
easement vacated by Section 1 of this ordinance shall revert to the
owner or owners of the property abutting said easement.
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.
SECTION 4. This ordinance shall be in force and take effect
from and after its passage, approval, and publication, without the
plat, within fifteen days in one issue of the Grand Island Daily
Independent, as provided by law.
Enacted 16 April 1979
ATTEST:
A!#A'4fs~/
ity Clerk
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LEGAL DEPARTMEr' ~_J
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ACAOEf'A'l
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PORTION OF EASEMENT VACATED
EXHIBIT. nAil
CITY OF GRAND ISLAND, NEBR.
ENGINEERING DEPARTM ENT
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PLAT TO ACCOMPANY ORO.
NO. 6427
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ORDINANCE NO. 6428
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An ordinance to amend Sections 35-34, 35-35, 35-36, 35-37, and 35-38 of the Grand
Island City Code pertaining to municipal water rates; to amend the water rates for water
consumed from the municipal water system; to repeal the original sections; to provide for
severability; to provide for publication; 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 Section 35-34 of the Grand Island City Code be amended to read as
follows:
"Sec. 35-34. SAME - HITHIN CITY
The minimum rate to be charged for water furnished within the corporate
limits of the city shall be the sum of $25.00 per year, payable quarterly.
Bills for the water furnished in excess of the minimum rate shall be rendered
at the same time."
SECTION 2. That Section 35-35 of the Grand Island City Code be amended to read as
follows:
"Sec. 35-35. SAHE - OUTSIDE CITY
The minimum rate to be charged for water furnished outside and beyond the
corporate limits of the city shall be the sum of $50.00 per year, payable quarterly.
Bills for the water furnished in excess of the minimum rate shall be rendered at
the same time."
SECTION 3. That Section 35-36 of the Grand Island City Code be amended to read as
follows:
"Sec. 35-36. SCHEDULE OF RATES - HITHIN CITY
The rate to be charged for water furnished within the corporate limits of
the city shall be as follows:
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HONTHLY BILLINGS
Cubic feet.~r mont:!~
First 500
Next 500
Next 3,000
Next 6,000
Next 90,000
Next 100,000
Next 200,000
Over 400,000
Honthly minimum
Rate per 100 cubic feet
$0.416
.311
.291
.249
.209
.167
.147
.125
$2.10
QUARTERLY BILLINGS
Cubic feet ~~rt!:.'..!.
Rate per iOO cubic feet
.
First 1,500
Next 1,500
Next 9,000
Next 18,000
Next 270,000
Next 300,000
Over 600,1)00
Quarterly minimum
$0.416
$0.311
.291
.249
.209
.167
.147
$6.25
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ORDINANCE NO. 6428 (Cont'd)
SECTION 4. That Section 35-37 of the Grand Island City Code be amended to read as
follows:
"Sec. 35-37. SAME - OUTSIDE CITY
The rate to be charged for water furnished outside and beyond the corporate
limits of the city shall be as follows:
MONTHLY BILLINGS
Cubic feet per month
Rate per 100 cubic feet
First 500
Next 500
Next 3,000
Next 6,000
Next 90,000
Next 100,000
Next 200,000
Over 400,000
Monthly minimum
$0.439
.333
.3lL+
.272
.230
.167
.147
.125
$4.20
QUARTERLY BILLINGS
Cubic feet per quarter
Rate per 100 cubic feet
First 1,500
Next 1,500
Next 9,000
Next 18,000
Next 270,000
Next 300,000
Over 600,000
Quarterly minimum
$0.439
'.333
.314
.272
.230
.167
.147
$12.50
SECTION 5. That Section 35-38 of the Grand Island City Code be amended to read as
follows:
"Sec. 35-38. SPRINKLER SYSTEMS AND HYDRANTS
Owners of all private fire sprinkler systems connected to city water
mains shall pay the City $52.00 per year for such connection. The City
shall pay the water department $38.90 p'er year for each city fire hydrant
connected to a water main."
SECTION 6. That the original Sections 35-34, 35-35, 35-36, 35-37, and 35-38 of the
Grand Island City Code as heretofore existing, be, and the same are, hereby repealed.
SECTION 7. 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.
SECTION 8. This ordinance shall be in force and take effect, as by law provided, from
and after its passage, approval, and publication within fifteen days in one issue of the
Grand Island Daily Independent, and on the first day of June 1979.
Enacted
April 30, 1979
ATTEST:
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City Cler
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CITY OF GRAND ISLAND, NEBRASKA
ORDINANCE NO. 6429
AN ORDINANCE OF THE CITY OF GRAND ISLAND,
NEBRASKA, AUTHORIZING THE ISSUANCE OF VARIOUS
PURPOSE BONDS OF THE CITY OF GRAND ISLAND OF
THE PRINCIPAL AMOUNT OF FOUR HUNDRED FIFTY
THOUSAND DOLLARS ($450,000) TO PAY THE COST
OF IMPROVING STREETS IN STREET IMPROVEMENT
DISTRICT NOS. 917, 918, 919, 922, 923, 924,
925, 926, 927, 929, 930, 931, 933, 936, 938,
939, 940, 942, 943, 944 AND 945; PRESCRIBING
THE FORM OF SAID BONDS AND PROVIDING FOR THE
LEVY OF TAXES TO PAY THE SAME.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA:
Section 1. The Mayor and Council of the City of Grand
Island, Nebraska, hereby find and determine: That pursuant
to ordinances heretofore duly enacted, Street Improvement
District Nos. 917, 918, 919, 922,923,924, 925,926, 929,
930, 931, 933, 936 and 940 were created in said City and
certain street improvements were constructed in each of
said districts; that said improvements have been completed
and accepted by the City; that the costs of said improvements as
heretofore found by the City Engineer and Mayor and Council, is
$667,718.96, of which $513,481.39 is district cost and $154,227.52
is the" cost of 'improving intersections, areas formed by the cross-
ing of streets, avenues, alleys and streets adjacent ~o re~l
estate owned by the City; that additional misceLlaneous costs,
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including interest on warrants, have been incurred for ~aid
improvements; that special assessments have been levied according
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to law on the real estate in said districts specially benefited
by said improvements and such special assessments are valid liens
on the lots and tracts of land upon which they are assessed; that
after applying all monies collected from the special assessments
and other funds available for such purpose, there still remains
due and payable-from the City on the district cost not less than
$290,000 and on the intersection cost not less than $105,000
that all conditions, acts and things required by law to exist or
to be done precedent to the issuance of Intersection Improvement
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Bonds in the amount of $105,000 pursuant to Section 16-626, R.R.S.
Neb. 1943, and to the issuance of Street Improvement Bonds of
said districts in the amount of $290,000 pursuant to Section
16-623, R.R.S. Neb. 1943, do exist and have been done as required
by law.
Section 2. The Mayor and Council of the City of Grand
Island further find and determine: That pursuant to resolutions
heretofore duly enacted, Street Improvement Districts No. 927,
938,939, 942, 943, 944 and 945 were established in said City and
certain street improvements were constructed in each of said
districts; that said improvements have been completed and accepted
by the City; that the cost of said improvements as heretofore
found by the City Engineer and Mayor and Council is $81,094.77;
that additional miscellaneous costs, including interest on warrants,
have been incurred for said improvements; that special assessments
have been levied according to law on the real estate specially
benefited by said improvements and said special assessments are
valid liens on the lots and tracts of land upon which they are
assessed; that after applying ,all monies collected from the special
assessments and other funds available for such purpose, there
still remains due and payable on the cost of said improvements
not less than $55,000.00; that all conditions, acts and things
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required by law to exist or to be done precedent to the issuance
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of Paving Bonds for said Districts in the amount of $55,000.00
pursuant to Sections 18-2001 through 18-2004, R.R.S., Neb. 1943,
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do exist and have been done as required by law.
Section 3. The Mayor and Council of the City of Grand
Island further find and determine: That all conditions, acts and
things required to exist or to be done precedent to the issuance
of Various Purpose Bonds of the City of Grand Island, Nebraska, in
the principal amount of Four Hundred Fifty Thousand Dollars
($450,000) under Sections 18-1801 and 18-1802, R.R.S. Neb. 1943,
to pay the costs of improvements described in Sections 1 and 2
hereof, do exist and have been done as required by law.
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Section 4. To pay the cost of the improvements speci-
fied in Section 1 hereof, there shall be and there are hereby
ordered issued, Various Purpose Bonds of the City of Grand Island,
Nebraska, in the principal amount of Four, Hundred Fifty Thousand
Dollars ($450,000) consisting of 90 bonds numbered from 1 to 90
inclusive, of $5,000 each, dated May 1, 1979, bearing basic interest
and with principal to become due on May 1 of the year as indicated
below:
Principal Maturing on Basic Interest
Bond No. Amount May 1 of Year Rate Per Annum
1 - 9 $45,000 1980 5.30
10 - 18 45,000 1981 5.30
19 - 27 45,000 1982 5.30
28 - 36 45,000 1983 5.30
37 - 45 45,000 1984 5.30
46 - 54 45,000 1985 5.30
55 - 63 45,000 1986 5.30
64 - 72 45,000 1987 5.30
73 - 81 45,000 1988 5.35
82 - 90 45,000 1989 5.40
In addition to the foregoing basic interest,
Bonds No. 1 to 90, inclusive, shall bear
supplemental interest at the rate Df 1.5
percent per annum from May 1, 1979 until
1 November, 1979, said supplemental interest
to be evidenced by separate coupons bearing
the letter A, which separate coupons may be
detached and sold separately.
Interest as shown above shall be paid semiannually on the first
day of May and November of each year, starting November 1, 1979.
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Attached to each bond shall be negotiable coupons for the interest
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to become due thereon.
Bonds No. 46 to 90, inclusive, may be redeemed prior
to maturity at any time on or after May 1, 1984, at par and accrued
interest to the date fixed for redemption.
Section 5. Said bonds shall be executed on behalf of
Seal impressed on each bond. The interest coupons shall be
executed on behalf of the City by the Mayor and City Clerk,
causing facimile signatures to be affixed thereto, and the Mayor
and City Clerk by such execution of each bond shall be deemed to
have adopted their facsimile signatures affixed to the coupons
as their own proper signatures.
Section 6. Said bonds and coupons shall be in substantially
the following form:
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UNITED STATES OF AMERICA
STATE OF NEBRASKA
COUNTY OF HALL
VARIOUS PURPOSE BOND OF THE CITY OF GRAND ISLAND
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.No.
$5,000.00
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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 hereof the sum of $5,000 in lawful money of the United
States of America on the first day of May, 19 ,with interest
thereon from date hereof (here insert interes~rates as shown in
Section 3 of this Ordinance) payable semiannually on the first
day of May and Noveniller of each year, starting November 1, 1979,
on presentation and surrender of the interest coupons hereto
attached as they severally become due. Bonds of this issue
maturing on or after May 1, 1985, are redeemable at the option of
the City at any time on or after May 1, 1984, at par plus accrued
interest to the date fixed for redemption. Both the principal
hereof and the interest hereon are payable at the office of the
County Treasurer of Hall County in Grand Island, Nebraska. For
the prompt payment of this bond, principal and interest, as the
same become due, the full faith, credit and resources of said City
are hereby irrevocably pledged.
This bond is one of an issue of 90 bonds numbered from
1 to 90, inclusive, of $5,000 each in principal amount, of the
total principal amount of Four Hundred Fifty Thousand Dollars
($450,000) of even date and like tenor except as to date of matur-
ity and rate of interest, which were issued by the City for the
purpose of paying the costs of improving streets, avenues and
alleys, and streets adjacent to real estate owned by the City in
Street Improvement District Nos. 917, 918, 319,922, 923, 924,
925, 926, 927, 929, 930, 931, 933, 936, 938, 939, 940, 942, 943,
944 and 945 in strict compliance with Article 6, Chapter 16 and
Articles 18 and 20,' Chapter 18, R.R.S. Neb. 1943, and has been duJy
authorized by ordinance legally passed, approved and published,
and by proceedings duly had by the Mayor and Council of said City.
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IT IS HEPBBY CERTIFIED AND WARRANTED that all conditions,
acts and things required by law to exist or to be done precedent
to and in the issuance of this bond~did exist, did happen and were
done and performed in regular and due form and time as required
by law and that the indebtedness of said City, including this bond,
does not exceed any limitation imposed by law. The special assess-
ments levied upon the real estate specially benefited by said
improvements are valid liens on the lots and tracts of land upon
which they have been levied, and when collected, shall be set
aside and constitute a sinking fund for the payment of the princi-
pal and interest of said bonds. The City agrees that it will
collect said special assessments and, in addition thereto, will
cause to be levied and collected annually a tax by valuation on
all the taxable property in the City, in addition to all other
taxes, sufficient in rate and amount to make up the d8ficiency
between the amounts collected on said special assessments and the
amount required to fully pay the principal and interest of said
bonds as the same become due.
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IN WITNESS WHEREOF, the Mayor and Council have caused
this bond to be executed on behalf of the City of Grand Island
by being signed by 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
interest coupons hereto attached to be executed on behalf of
the City by having affixed thereto the engraved facsimile
signatures of the Mayor and City Clerk.
DATED this first day of May, 1979.
CITY OF GRAND ISLAND, NEBRASKA
By:
Mayor
ATTEST:
City Clerk
(FORM OF COUPON)
No.
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On the first day of November (May), 19 , the City of
Grand Island, Nebraska, (unless the bond to whichthis coupon
pertains has been called for redemption and money provided
therefor prior to said date) will pay to bearer
Dollars at the office of the
Treasurer of Hall County, in the City of Grand Island, Nebraska,
for interest due on that day on its Various Purpose Bond, dated
May 1, 1979, Bond No.
City Clerk
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Section 7. The special assessments levied upon the real es-
tate as described in Sections 1 and 2 of this Ordinance and the interest
on said assessments shall constitute a sinking fund for the payment
of "the principal and interest of said bonds. The City agrees that
it will collect said special assessments and, in addition thereto,
"will cause to be levied and collected annually a tax by valuation
on all the taxable property in the City, in addition to all other
taxes, sufficient in rate and amount to make up the deficiency
between the amounts collected on said special assessments and the
amount required to fully pay the principal and interest on said
bonds when and as such interest and principal become due.
Section 8. After being executed by the Mayor and Clerk,
said bonds shall be delivered to the Treasurer of said City who
shall be responsible therefor under "his official bond. The Treasurer
of said City shall cause said bonds to be registered in the office
of the County Clerk of Hall County and with the Auditor of Public
Accounts of the State of Nebraska. The City. Clerk is directed to
make and certify in duplicate transcripts of the proceedings of
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the City precedent to the issuance of said bonds, one of which
transcripts shall be filed with the Auditor of Public Accounts
of the State of Nebraska and the other shall be delivered to the
purchaser of said bonds.
Section 9. Said bonds having been sold, the City
Treasurer is authorized to deliver said bonds to the purchaser
on receipt of the full payment of tpe purchase price, which shall
not be less than par and accrued interest to the date of payment.
Section 10. The City hereby covenants to the purchasers
and holders of the bonds hereby authorized that it will make no
use of the proceeds of said bond issue, including money held in
any sinking fund attributable to the bonds of this issue, which,
if such use had been reasonably expected on the date of issue of
said bonds, would have caused 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 l03(c) and all applicable regulations thereunder through-
out the term of said bond issue.
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Section 11. This Ordinance shall be in force and take
effect from and after its passage as provided by law.
PASSED AND APPROVED this ~ day of April, 1979.
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ORDINANCE No. 6430
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An ordinance to amend the plat of Block Two (2), Continental
Gardens, as filed in the office of the Register of Deeds, Book 104-B,
Page 131; to authorize filing of this ordinance; 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 the setback lines as shown on the plat of
Block Two (2), Continental Gardens, An Addition to the City of
Grand Island, Nebraska, approved by the Grand Island City Council
on January 13, 1975, and filed with the Hall County Register of
Deeds in Book 104-B, Page 131, be amended, and that the setback
lines on the west side of the following lots be, and hereby are,
vacated:
The West two (2) feet of Lot Twenty-seven (27);
The West three (3) feet of Lot Twenty-two (22);
The West three (3) feet of Lot Twenty-one (21);
The West seven (7) feet of Lot Sixteen (16);
The West seven (7) feet of Lot Fifteen (15);
all of said lots being in Block Two (2), Continental Gardens, An
Addition to the City of Grand Island, Nebraska.
SECTION 2. That the City Clerk is hereby directed and
authorized to file a certified copy of this ordinance with the
Register of Deeds for Hall County, Nebraska.
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 16 April 1979
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ATTEST:
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City Clerk
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ROB R L Z, Mayor
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, lIjr'ROVED AS TO FORM
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APR 1 3 1979
LEGAL DEPARTMH
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ORDINANCE NO. 6431
An ordinance directing and authorizing the conveyance of part of Lot 5, Block 1,
Packer & Barr's Addition; 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 Alfred W. Beckler and Richard S. Cavenee of a tract of
land comprising a part of Lot Five (5), Block One (1), Packer and Barr's Addition to the
City of Grand Island, Nebraska, more particularly described as follows:
Beginning at the Northwest Corner of said Lot Five (5); thence easterly
along the North line of said Lot Five (5) a distance of one hundred nineteen
and three-tenths (119.3) feet to the Northeast Corner of said Lot Five (5);
thence southerly along the East line of said Lot Five (5) a distance or fifty-
seven and two-hundredths (57.02) feet; thence running northwesterly along the
arc of curve whose radius is 266.31 feet (the long chord of which deflects
1140 53' right from the last described course), a long chord distance of
one hundred thirty-one and fixty-six hundredths (131.56) feet to a point on
the West line of said Lot Five (5); thence northerly along the West line of
said Lot Five (5) a distance of three and thirteen hundredths (3.13) feet to
the place of beginning, and containing 4,31l.68 square feet, or 0.099 acres,
more or less, as shown on the plat marked Exhibit "A" attached hereto and .
incorporated herein by reference;
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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
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 Alfred W. Beckler and Richard S. Cavenee a
quitclaim deed for said real estate, and the execution of such deed is hereby authorized
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ORDINANCE NO, 6431 (Cont1d)
withoUl:C:fitst action on behalf of the City Council.
SECTION 6. This ordinance shall be in force 'and take effect from and after its
passage and publication within fifteen days in one issue of the Grand Island Daily
Independent, as provided by law.
Enacted April 30, 1979.
ATTEST:
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Mayor
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Plat of a tract of land compnslng a part of Lot Five (5), Block
One (1), Packer and Barr's Addi tion to the Ci ty of Grand Island, Nebraska
JOOre particularly described as follows:
Beginning at the northwcs t corner of sal d Lot Fi ve (5); thence cas terly
along the north line of said Lot Fi ve (5), a distance of One IIlmdred Nine-
teen and 'Dltec Tenths (119.3) fcet, to ,the northeast corner of said Lot
Five (5); thence southerly along the east line of said Lot Five (5), a
distance of Fifty Seven and Two IIwHlredths (57.02) feet~ thence running
nortlllvcsterly along the arc of a curve whose ndius is 26G.31 feet, (the
long chord oflvhich deflects 11,1053' right fI;Om the last descrihed course)
a long chord distance of One Hundreu Thi rty aile and Fi fty Six IlundreJths
(131.56) feet, to a point on the west line of said I.ot Five (5); thence
northerly along the I"e~t lin(> of s~i.d Lot Five (5), a ~!ist3.nce of Thr0c
and 11lirteen Ilundredths (3.13) feet to the place of beginning and containing
4,311.68 square feet or 0.099 acres more or less.
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I hereby certi fy that the above plat is from an accurate survey of
the described property to the best of my knolvledge and belief.
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Charles B. Deer, L.S. >lo. 192
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BENJMUN fr i\SSOCI^:PES, INC.-ENGPmERS & SU!~VEYOR -P.O. BOX 339-GRA'W ISLAND, NEBRASKA
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ORDINANCE NO. 6432
An ordinance creating Street Improvement District No. 980; 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 to provide for
an effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
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SECTION 1. Street Improvement District No. 980 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 on the West line of St. Paul Road and 300 feet, or
91.440 meters, North of the northerly line of Twelfth Street; thence running
southerly on the West line of St. Paul Road for a distance of 300 feet, or
91.440 meters,to the northerly line of Twelfth Street; thence running
northeasterly on the northerly line of Twelfth Street extended for a distance
of 93 feet, or 28.346 meters, to the easterly line of St. Paul Road; thence
running southerly on the easterly line of St. Paul Road to the southerly line
of Twelfth Street; thence running westerly on the southerly line of Twelfth
Street for a distance of 93 feet, or 28.346 meters, to the westerly line of
St. Paul Road; thence running southerly on the westerly line of St. Paul
Road for a distance of 145.75 feet, or 44.425 meters, to the southerly line
of Lot 1, Capitol Hill Addition; thence running westerly on the southerly
line of Lots 1 through 7 of said addition for a distance of 312.5 feet, or
95.250 meters, to the Southwest Corner of Lot 7'of said addition; thence
running northerly on the westerly line of said Lot 7 for a distance of 4
feet, or 1.219 meters, to the southerly line of Lot 8 of said addition;
thence running westerly on the southerly line of said Lot 8 for a distance
of 50 feet, or 15.240 meters, to the westerly line of said Lot 8;. thence
running northerly on the westerly line of said Lot 8 extended for a distance
of 208 feet, or 63.398 meters, to a point on the northerly line of Twelfth
Street extended; thence running easterly on the northerly line of Twelfth
Street extended for a distance of 20 feet, or 6.096 meters, to the easterly
right-of-way line of the Burlington Northern Railroad; thence running northerly
on the easterly right-of-way line of said railroad for a distance of 300 feet,
or 91.440 meters; thence running northeasterly on a line parallel to and 300
feet, or 91.440 meters, north of the northerly line of Twelfth Street for a
distance of 453.22 feet, or 138.141 meters, to a point in Lot 2, Weinert
Subdivision; thence running easterly on a line to a point on the westerly
line of St. Paul Road, said point being 300 feet, or 91.440 meters, North
of the northerly line of Twelfth Street, being the point of beginning, all
as shown on the plat marked Exhibit "A", attached hereto and incorporated
herein by reference.
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SECTION 3. The following streets in the district shall be improved by paving, curbing,
guttering, and all incidental work in connection therewith:
Twelfth Street from the easterly right-of-way line of the Burlington Northern
Railroad to the westerly line of St. Paul 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 passage,
approval, and publication, without the plat, as provided by law.
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ORDINANCE NO. 6432 (Cont'd)
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 April 30, 1979
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ATTEST:
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EXHIBIT "A"
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CITY OF GRANO ISLAND,J. NESR.
ENGINEE RING DEPAR!~:NT
I f,'LAT. to.-...A.OC... OMPAN.Y. ...O...R...D.....
NO. . _64_32 . _. ~__ ._ -_~m
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stREET. IMPROVEMENT 01 STRICT NO. 980
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ORDINANCE NO, 6433
An ordinance rezoning certain-'.tracts of land beyond the corporate boundaries of the
City of Grand Island, Nebraska, but within the zoning jurisdiction; changing the classi-
fication of such tracts; directing that such zoning changes and classifications be shown
on the official zoning map of the City of Grand Island; amending the provisions of Section
36-7 of the Grand Island City Code to conform to such reclassification; repealing conflicting
ordinances; and providing the effective date of this ordinance.
WHEREAS, the Regional Planning Commission on April 4, 1979, 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 School District No. 38 and Northwest High School in Hall County,
Nebraska; and
WHEREAS, after public hearing on April 16, 1979, 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 tracts of land in Hall County, Nebraska,
be rezoned as follows:
Tract No. 1
A tract of land comprising a part of the Southwest Quarter of the Northwest
Quarter (SW~NW~) of Section 24, Township 11 North, Range 10 West of the 6th P.M.,
in Hall County, Nebraska, more particularly described as follows:
Beginning at the Northwest Corner of said SW~NW~; thence easterly along the
North line of said SW~NW~ a distance of 830 feet; thence southerly parallel to the
West line of said Northwest Quarter (m~~) a distance of 720 feet, more or less;
thence running southwesterly a distance of 475 feet, more or less, to the intersection
with a line 380 feet North or and parallel to the South line or said NW~; thence
westerly parallel to the South line of said Nt.]~ a distance of 415 feet, more or less,
to the West line of said NW~; thence northerly along the West line of said NW~ a
distance of 953.59 feet to the place of beginning, and containing 17.06 acres, more
or less;
be rezoned and reclassified and changed to Medium Density Residential (R3) Zone.
Tract No. 2
A tract of land compr~s~ng a part of the Northwest Quarter or the Northwest Quarter
(NW~NW~) of Section 24, Township 11 North, Range 10 West of the 6th P.M., in Hall
County, Nebraska, more particularly described as follows:
Beginning at the Northwest Corner of said Section 24; thence easterly along the
North line of said Section 24 a distance of 780 feet; thence southerly parallel to
the West line of said Section 24 a distance of 530 feet, more or less; thence running
southeasterly a distance of 380 feet, more or less, to the intersection with a line
1,050 feet east of and parallel to the west line of said Section 24; thence southerly
parallel to the West line of said Section 24 a distance of 535 feet, more or less, to
the South line of said Northwest Quarter of the Northwest. Quarter (Nt-l~NW~); thence
westerly along the South line of said NW~~l~ a distance of 1,050 feet to the west line
of said Section 24; thence northerly along the west line of said Section 24 a distance
of 1,333.6 feet to the place of beginning, and containing 28.03 acres, more or less;
be rezoned and reclassified and changed to Low Density Residential (RZ) Zone.
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LEGAL DEPARTME~
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ORDINANCE NO, 6433 (Cont'd)
Tract No.3
A tract of land comprising a"part of the North Half of the Northwest Quarter
(N~NW>.;) of Section 24, Township 11 North, Range 10 West of the 6th P.M., in Hall
County, Nebraska, more particularly described as follows:
Beginning at a point on the North line of said Section 24, said point being
780 feet East of the Northwest Corner of said Section 24; thence easterly along the
North line of said Section 24 a distance of 858.48 feet; thence southerly parallel to
the East line of said Northwest Quarter (NW>.;) a distance of 1,334.73 feet, more or
less, to the South line of said North Half of the Northwest Quarter (N~NW>.;); thence
westerly along the South line of said North Half of the Northwest Quarter (N~N>.;W)
a distance of 584.47 feet, more or less, to the intersection with a line 1,050 feet
east of and parallel to the West line of said Section 24; thence northerly parallel
to the West line of said Section 24 a distance of 535 feet, more or less; thence
running northwesterly a distance of 380 feet, more or less, to the intersection with
a line 780 feet East of and parallel to the West line of said Section 24; thence
northerly parallel to the West line of said Section 24 a distance of 530 feet, more
or less, to the place of beginning, and containing 22.08 acres, more or less;
be rezoned and reclassified and changed to High Density Residential (R4) Zone.
Tract No. 4
A tract of land compr~s~ng a part of the Northwest Quarter (NW~) of Section 24,
Township 11 North, Range 10 West of the 6th P.M., in Hall County, Nebraska, more
particularly described as follows:
Beginning at a point on the north line of said Northwest Quarter (NW~), said
point being 43 feet West of the Northeast Corner of said Northwest Quarter (NW>.;);
thence southerly parallel to the East line of said Northwest Quarter (NW\) a distance
of 270 feet; thence westerly parallel to the North line of said Northwest Quarter(NW>.;)
a distance of 300 feet; thence southerly parallel to the East line of said Northwest
Quarter (m~\) a distance of 1,345 feet, more or less; thence northeasterly parallel
to the northwesterly right-of-way line of U.S. Highway 30 a distance of 360 feet,
more or less, to the intersection with a line 33 feet West of and parallel to the East
line of said Northwest Quarter (NW%); thence southerly parallel to the East line of
said Northwest Quarter (NW>.;) a distance of 226.39 feet; thence deflecting right
160 42' 50" and running southwesterly a distance of 162.2 feet to the northerly right-
of-way line of U. S. Highway 30; thence southwesterly along said right-of-way
line a distance of 1,710.1 feet"to the south line of said Northwest Quarter (NW\);
thence westerly along the South line of said Northwest Quarter (NW%) a distance of
1,075.51 feet tn the Southwest corner of said Northwest Quarter (NW>.;); thence northerly
along the West line of said Northwest Quarter (NW~ a distance of 380 feet; thence
easterly parallel to the South line of said Northwest Quarter (NW%) a distance of
415 feet, more or less; thence running northeasterly a distance of 475 feet, more or
less, to the intersection with a line 830 feet East of, and parallel to the West line
of said Northwest Quarter (NW~); thence northerly parallel to the West line of said
Northwest Quarter (NW%)a distance of 720 feet, more or less, to the North line of the
Southwest Quarter of the Northwest Quarter (SW>.;NW>.;); thence easterly along the North
line of the South Half of the Northwest Quarter (S~NW>.;) a distance of 804.47 feet,
more or less, to the intersection with a line 1,003 feet West of and parallel to the
East line of said Northwest Quarter (NW%); thence northerly parallel to the East line
of said Northwest Quarter (NW>.;) a distance of 1,334.73 feet, more or less, to the North
line of said Northwest Quarter (NW\); thence easterly along the North line of said
Northwest Quarter (NW>.;) a distance of 960 feet,to the place of beginning, and containing
67.918 acres, more or less;
be rezoned and reclassified and changed to General Business (B2) Zone.
Tract No. 5
A tract of land compr~s~ng a part of the East Half of the Northwest Quarter (E~NW\)
of Section 24, Township 11 North, Range 10 West of the 6th P.M., in Hall County,
Nebraska, more particularly described as follows:
Beginning at a point 43 feet West and 270 feet south of the Northeast Corner
of said Northwest Quarter (NW%); thence southerly parallel to the east line of said
Northwest Quarter (NW>.;) ,a distance of 1,065.39 feet to the South line of the North Half
of the Northwest Quarter (N%N\W); thence easterly along the South line of said North
Half of the Northwest Quarter (N%NW>.;) a distance of 10 feet; thence southerly parallel
to the East line of said Northwest Quarter (NW>.;) a distance of 100 feet; thence
southwesterly parallel to the northwesterly right-of-way line of U.S. Highway 30 a
distance of 360 feet, more or less, to the intersection with a line 343 feet West of
and parallel to the East line of said Northwest Quarter (NW%); thence northerly parallel
to the East line of said Northwest Quarter (NW%) a distance of 1,345 feet, more or less;
thence easterly parallel to the North line of said Northwest Quarter (NW>.;) a distance
of 300 feet to the place of beginning, and containing 8.69 acres, more or less;
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ORDINANCE NO. 6433 (Cont'd)
be rezoned and reclassified and changed to Heavy Manufacturing (M2) 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 of the City Council of the City of Grand Island is 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.
Enacted April 30, 1979 .
ATTEST:
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. City C er
KRIZ, Mayor
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ORDINANCE NO, 6434
An ordinance to vacate the alley in Block 33, Packer & Barr's Second Addition; con-
ditioned upon the reservation of the alley vacated 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 the north/south alley in Block Thirty-three (33), Packer & Barr's
Second Addition to the City of Grand Island, Nebraska, bounded on the North by Blake Street,
on the South by Old Lincoln Highway, on the West by Boggs Avenue, and on the East by
vacated White Street, be, and hereby is, vacated; provided, and conditioned, that said
City reserves for the public the entire vacated alley for a public utility easement. A
public utility easement is reserved to construct, operate, maintain, extend, repair, replace,
and remove sanitary sewer mains, water mains, storm drainage lines, overhead and underground
electric transmission and distribution lines, padmount transformers, secondary terminals,
high voltage terminals, gas mains, telephone 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.
The foregoing alley vacated, and the public easement reserved, are as shown on Exhibit
"A" attached hereto and incorporated herein by reference.
SECTION 2. Subject to the public utilities easement reserved, the title to the alley
vacated by Section I 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. That 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
April 30, 1979
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EXHIBIT IIAII
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CITY OF GRAND ISLAND t NEBR.
ENGINEERING DEPARTMENT
I PLAT TO, A CCOM" PANY" ORD,' I
' NO. 6434'
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ORDINANCE NO, 6435
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An ordinance creating Street Improvement District No, 970; 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 to provide for an
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, 970 in the City of Grand Island, Nebraska,
is hereby created,
SECTION 2, The boundaries of the district shall be as follows:
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Beginning at a point on the easterly line of Shady Bend Road and 206,2 feet,
or 62,850 meters, North of the northerly line of Gregory Avenue extended;
thence running southerly on the easterly line of Shady Bend Road for a distance
of 462,4 feet, or 140,940 meters; thence running westerly on a line parallel
to and 206,2 feet, or 62.850 meters, South of the southerly line of Gregory
Avenue for a distance of 1,352 feet, or 412.09 meters, to the Southwest Corner
of Lot 36, Sass Second Subdivision; thence running northerly on the westerly
line of said Lot 36 and the westerly line of Lot 25, Sass Subdivision, for a
distance of 556.2 feet, or 169.530 meters, to a point on the westerly line of
said Lot 25, said point being 300 feet, or 91.440 meters, North of the northerly
line of Gregory Avenue; thence running easterly on a line parallel to and 300
feet, or 91.440 meters, North of the northerly line of Gregory Avenue for a
distance 474.2 feet, or 144.536 meters, to the westerly line of Lot 18, Sass
Second Subdivision; thence running southerly on the westerly line of said Lot
18 for a distance of 93.8 feet, or 28.590 meters, to the Southwest Corner of
said Lot 18; thence running easterly on a line parallel to and 206.2 feet, or
62.850 meters, North of the northerly line of Gregory Avenue for a distance of
877.8 feet, or 267.553 meters, to a point on the easterly line of Shady Bend
Road, being the point of beginning, all as shown on the plat marked Exhibit "A"
attached hereto and incorporated herein by reference.
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SECTION 3. The following street in the district shall be improved by paving, curbing,
guttering, and all incidental work connected therewith:
Gregpry Avenue from Shady Bend Road west 1,286 feet.
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
May 14, 1979
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ORDINANCE NO. 6436
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An. ordinance creating Street Improvement District No. 981; 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 to provide for an
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. 981 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 on 'the easterly line of Carey Avenue and ISO feet, or
45.720 meters, North of the northerly line of Fifth Street; thence running
South on the easterly line of Carey Street for a distance of 360 feet, or
109.728 meters, to a point 150 feet, or 45.720 meters, South of the southerly
line of Fifth Street; thence running westerly on a line parallel to and 150
feet, or 45.720 meters, South of the southerly line of Fifth Street for a
distance of 372 feet, or 113.386 meters, to the westerly line of Grace Avenue;
thence running North on the westerly line of Grace Avenue for a distance of
360 feet, or 109.728 meters, to a point 150 feet, or 45.720 meters, North of
the northerly line of Fifth Street; thence running easterly on a line parallel
to and 150 feet, or 45.720 meters, North of the northerly line of Fifth Street
for a distance of 372 feet, or 113.386 meters, to a point on the easterly line
of Carey Avenue, being 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.
Fifth Street from Carey Avenue to Grace Avenue.
Said improvernents 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
May 14, 1979
ATTEST: ~d'~~/
City Clerk
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STREEt U-'p'~~MENT D~N().981
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ORDINANCE NO, 6437
&1 ordinance creating Street Improvement District No. Y82; defining the boundaries of
the district; providing for the improvement of streets within the district by paving,
guttering, and all incidental work in connection therewith; and to provide for an effective
date of this ordinance.
BE IT ORDAINED BY THE MP,YOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. Street Improvement District No. 982 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 on the east line of Sun Valley Drive and 144.57 feet,
or 44.065 meters, North of the northerly line of Sunset Avenue; thence running
South on the East line of Sun Valley Drive for a distance of 60 feet, or 18.288
meters, to a point 84.57 feet, or 25.777 meters, North of the northerly line
of Sunset Avenue; thence runnins easterly on a line parallel to and 84.57 feet,
or 25.777 meters, North of the northerly line of Sunset Avenue for a distance
of 125.34 feet, or 38.204 meters, to the easterly line of Lot 5, Block 2,
Pleasant View Fourth Addition; thence running southerly on the easterly line
of Lot 5 and Lot 6 of said Addition for a distance of 84.57 feet, or 25.777
meters, to the northerly line of Sunset Avenue; thence running westerly on
the northerly line of Sunset Avenue for a distance of 125.49 feet, or 38.249
meters, to the easterly line of Sun Valley Drive; thence running southerly
on the easterly line of Sun Valley Drive for a distance of 60 feet, or 18.288
meters, to the southerly line of Sunset Avenue; thence running westerly on the
southerly line of Sun Valley Drive extended for a distance of 60 feet, or
18.288 meters, to the westerly line of Sun Valley Drive; thence running
northerly on the westerly line of Sun Valley Drive for a distance of 60 feet,
or 18.288 Dlcters, to a point 84.57 feet, or 25.777 meters, South of the
southerly line of Dela'qare Avenue; thence running westerly on a line parallel
to and 84.57 feet, or 25.777 meters, Souch of the southerly line of Delaware
Avenue for a distance of 300 feet, or 91.440 meters; thence running northerly
on a line parallel to and 300,feet, or 91.440 meters, West of the westerly line
of Sun Valley Drive for a distance of 84.57 feet, or 25.777 Dieters, to the
southerly line of Delaware Avenue; thence running easterly on the southerly
line of Delaware Avenue for a distance of 300 feet, or 91.440 meters, to the
westerly line of Sun Valley Drive; thence running northerly on the westerly
line of Sun Valley Drive for a distance of 60 feet, or 18.288 meters, to the
northerly line of Delaware Avenue; thence runninp; easterly on the northerly
line of Delaware Avenue extended for a distance of 60 feet, or 18.288 meters,
to a point on the easterly line of Sun Valley Drive, being 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:
Sun Valley Drive from Sunset Avenue to Delavmre Avenue.
Said improvements shall be made in accordance with plans and specifications prepared by
the Engineer for the City and approved by the Nayor 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.
APPRO~~
-,~ 1979-
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LEGAL DEPARTMEI
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ORDINANCE NO, 6437 (Cont'd)
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
May 29, 1979
~M.-tf.-*Yor
ATTEST:
R.,fM-~
City Clerk
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EXHIBIT 'li.'
CITY OF GRAND ISLAND, NEBR.
ENGINEERING DEPARTMENT
STREET IMPROVEMENT DISTRICT NO. 982
PLAT TO ACCOMPANY ORO.
NO. 6437
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ORDINANCE NO. 6438
An ordinance to amend Sections 9-13, 9-18, 9-35, and to repeal Section 9-14 of the
Grand Island City Code pertaining to city cemetery fees; to repeal conflicting ordinances;
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 Section 9-13 of the Grand Island City Code be amended to read as
follows:
"Sec. 9-13. BURIAL AND DISINTERMENT - SCHEDULE OF FEES - GENERALLY
The fees for opening graves or for disinterment purposes shall be
as follows:
(a) A person the age of six years or over $150.00
(b) A person under the age of six year s $25.00
(c) For the ashes of a cremated body $25.00"
SECTION 2. That Section 9-18 of the Grand Island City Code be amended to read as
follows:
"Sec. 9-18. BURIALS - DISMEMBERED ARMS, LEGS, ETC. - FEES
The fees for opening graves for burial of dismembered hands, feets,
legs, arms, and other parts of the human body occasioned by accident or
amputation shall be Fifty Dollars ($50.09)."
SECTION 3. That Section 9-35 of the Grand Island City Code be amended to read as
follows:
"Sec. 9-35. PRICES - SCHEDULE
From and after the effective date of this section, the sale prices for
burial spaces in the city cemetery, which sale prices shall include the price
of permanent care, shall be as set forth in this section, and the city clerk
is hereby ordered to collect the following amounts for such burial spaces:
(a) Single burial space in any part of the city cemetery
except Lots 127, 128, 145, and 146 of Section "c"
(b) Single burial space for a person under the age of
six years in Lots 127, 128, 145, and 146 of Section
"elf
$200.00
$50.00
SECTION 4. That Section 9-14 of the Grand Island City Code be amended to read as
follows:
"Sec. 9-14. WOODEN VAULTS PROHIBITED
The use of wooden vaults is hereby prohibited, and no further use of
such materials shall be allowed."
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LEGAL DEPARTMH
.
.
ORDINANCE NO, 6438 (Cont' d)
SECTION 5. That Sections 9-13, 9-14,9-18, and 9-35 of the Grand Island City Code
as heretofore existing, be, and hereby are, repealed, as are any other sections or ordinances
in conflict herewith.
SECTION 6. 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.
Enacted
May 29, 1979
ATTEST: #.(AfiY~~
City Clerk
+~Iz: Mayor
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ORDINANCE NO. 6439
.
An ordinance creating Sanitary Sewer District No. 445 in the City of Grand Island,
Nebraska; defining the boundaries of the district; providing for the laying of a sanitary
sewer main in said district; providing for plans and specifications and securing bids;
providing for the assessment of special ta:,es for constructing such sewer and collection
thereof; and providing for the effective date thereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. Sanitary Sewer District No. 445 of the City of Grand Island, Nebraska,
is hereby created for the laying of a ten-inch, or 25.4 centimeter, vitrified clay, or
polyvinalchloride plastic pipe, line and appurtenances thereto.
SECTION 2. The boundaries of such sanitary sewer district shall be as follows:
Beginning at the Northeast Corner of DRD Subdivision; thence running southerly
on the easterly line and the South prolongation of the easterly line of said
subdivision for a distance of 935 feet, or 284.988 meters, to the center line
of Old Potash Highway; thence running westerly on the center line of Old Potash
Highway for a distance of 300 feet, or 91.440 meters; thence running northerly
on the South prolongation of the westerly line and on the westerly line of said
subdivision for a distance of 935 feet, or 284.988 meters, to the Northwest Corner
of said subdivision; thence running easterly on the northerly line of said sub-
division to the Northeast Corner of said subdivision, being the point of
beginning, all as shown on the plat marked Exhibit "A" attached hereto and
incorporated herein by reference.
SECTION 3. Said improvements shall be made in accordance with plans and specifications
prepared by the Engineer for the City who shall estimate the cost thereof, and submit the
same to the City Council, and upon approval of the same bids for the construction of such
sanitary sewer shall be taken and contracts entered into in the manner provided by law.
SECTION 4. The cost of construction of such improvements shall be assessed against
the property within the district abutting upon the street or other right-of-way within
which such sanitary sewer main will be constructed within such sewerage district to the
extent of benefits to such property by reason of such improvement, and a special tax shall
be levied at one time to pay for such cost of construction as soon as can be ascertained,
as provided by law; and, provided further, such special tax and assessments shall constitute
a sinking fund for the payment of any bonds with interest issued for the purpose of paying
the cost of such sewer in such district; such special assessments shall be paid and collected
in a fund to be designated and known as the Sewer and Water Extension Fund, and out of which
all warrants issued for the purpose of paying the cost of such sanitary sewer shall be paid.
SECTION 5. This ordinance shall be in force and take effect from and after its
.
passage, approval, and publication, without the plat, as provided by law.
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office
of the Register of Deeds of Hall County, Nebraska.
SECTION 7. After passage, approval, and publication of this ordinance without the plat,
notice of the creation of said district shall be published in the Grand Island Daily Inde-
pendent, a legal newspaper published and of general circulation in said City, as provided
by law.
Enacted May 29, 1979
Attest: ~~~
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,I' ROBERT ~RIZ, Mayor
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EXH IBIT IIA II
CITY OF GRAND ISLAND, NEB R.
ENGINEERJ~ DEJ?ABIMf;1'lT
SANITARY SEWER DISTRICT NO. 445
PLAT TO ACCOMPANY ORO.
NO.. 6439
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ORDINANCE NO. 6440
An ordinance to amend Section 36-41 of the Grand Island City Code pertaining to
Yard Space Encroachments; to repeal the original section; to provide for a penalty; and
to provide for an effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. That Section 36-41 of the Grand Island City Code be amended to read as
follows:
"Sec. 36-41. YARD SPACE ENCROACHMENTS, PORCHES AND TERRACES
Open, uncovered porches or terraces no higher than the first floor
above grade of the building to which they are appurtenant, and in no even.t
higher than 26 inches above grade may extend three feet into any required
sideyard, 10 feet into any required front yard, or any distance into any
required rear yard. No railing or other barrier higher than 36 inches shall
be placed on such porch or terrace within five feet of any property line
except as provided within this ordinance. Any such porch or terrace when
located on a lot at the intersection of two streets or a street and an alley
shall comply with the provisions designed to insure proper sight distances as
set forth in this code for fences and hedges. A covered porch or terrace,
not exceeding sixty square feet, may extend a maximum of six feet into the
required front or rear yard providing such 'porch or terrace shall not be
enclosed except by a rail or other barrier as previously mentioned."
SECTION 2. That the original Section 36-41 of the Grand Island City Code as hereto-
fore existing, and any ordinance, or parts of ordinances in conflict herewith, are hereby
repealed.
SECTION 3. That any person violating the provisions of this ordinance shall upon
conviction be deemed guilty of a misdemeanor and be punished as provided in Section 1-7
of the Grand Island City Code.
SECTION 4. That this ordinance shall be in full 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
May 29, 1979
-9~&z, Mayor
ATTEST, ~",. ~
CHy Cler
LEGAL DEPARTMn
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ORDINANCE NO. 6441
An ordinance pertaining to zoning in the City of Grand Island, Nebraska; changing the
zoning classification of part of Lot 8, Horne Subdivision in the City of Grand Island,
Nebraska; directing that such change and reclassification be shown on the official zoning
Inap of the City of Grand Island, Nebraska; and amending the provisions of Section 36-7 to
conform to such reclassification.
WHEREAS, the Regional Planning Commission on May 9, 1979, 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 May 14, 1979, 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,
Nebraska, to wit:
A tract of land comprlslng the northerly 206,1 feet of Lot Eight
(8), Horne Subdivision in the City of Grand Island, Nebraska, located
in the Northwest Quarter (NW?;;) of Section Nine (9), Township Eleven
(11) North, Range Nine (9) West of the 6th P. M., Grand Island, Hall
County, Nebraska,
be, and the same is, hereby rezoned and reclassified and changed to RD - Residential
Development Zone classification.
SECTION 2. That the official zoning map of the City tif Grand Island be, and the same
is, hereby ordered to be changed, amended, and completed in accordance with this ordinance.
SECTION 3. That the finding and recommendation of the Regional Planning Commission
and the City Council of the City of Grand Island ,is 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 area as herein ordered and determined.
SECTION 5. That this ordinance shall be in force and take effect from and after its
passage, approval, and publication within fifteen days in one issue of the Grand Island Daily
Independent.
Enacted
May 29, 1979
ATTEST:
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M Y 1 8 1979
LEG.4L DEPARTMEr
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ORDINANCE NO. 6442
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An ordinance assessing and levying a speci~l tax to pay the cost of construction of
Sanitary Sewer Dist.No. 437 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 water main in said Water Main District No. 437, as adjudged by the Mayor and Council
.of the City, to the extent of benefits thereto by reason of such improvement, after due
notice having 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 ADDITION AMOUNT
Theodore N. Jamson 8 Jamson $1,345.99
Theodore N. Jams on 11 Jamson 538.68
Theodore N. Jamson 12 Jamson 538.68
Theodore N. Jamson 13 Jamson 538.68
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 as the
"Sewer and Hater Extension Fund" for 'Sanitary Sewer Dist No. 437.
SECTION 5. Any provision of the Grand Island City Code, and any provision of any ord-
inance, 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.
Enacted 5-~<<?-7?
12, Mayor
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ATTEST, ~~~~
C~ty C er
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LEGAL DEPARTMEt
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ORDINANCE NO. 6443
An ordinance assessing and levying a special tax to pay the cost of construction of
Sanitary Sewer Dist No, 438 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 water main in said Water Main District No. 438, 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
ADDITION
AMOUNT
Theodore N. Jamson
Theodore N. Jamson
2
3
Jamson
Jamson
$677.44
$677.44
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 delin-
quent, 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 as the
"Sewer and Water Extension Fund" for Sqnitary Sewer Dist No. 438.
SECTION 5. Any provision of the Grand Island City Code, and any provision of any ord-
inance, 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 Indepen-
dent, as provided by law.
Enacted 1a-" Z<j-1'1.
/JR.. ~4t_ __
V/{C)BERT L. l~ayor
APPROVED~ I '
MAy181979
ATTEST:~/~/
City Clerk
LEGAL DEPARTMEf
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ORDINANCE NO. 6444
An ordinance to amend the Grand Island City. Code by amending Sections 2-1.3.1, 2-7,
2-&, and 2-9, and by adding thereto Section 2-10 pertaining to the powers and duties of
the mayor, the powers and duties of the city administrator, and the bond requirements of
a city administrator; to repeal the original Sections 2-1.3.1, 2-7, 2-8, and 2-9; 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 Section 2-1.3.1 of the Grand Island City Code be amended to read as
follows:
"Sec. 2-1.3.1. MAYOR; POHERS AND DUTIES; GENERALLY
The mayor shall be the principal executive officer of the City of Grand
Island, and advised by the members of the City Council, shall in general supervise
and control all of the business, affairs, and officers of the City of Grand Island.
He shall when present preside at all meetings of the City Council. He shall have
the power, together with any other proper officer of the City of Grand Island,
upon authorization by the City Council, to sign certificates, deeds, mortgages,
bonds, contracts, or other documents except in cases where the signing and execution
thereof shall be expressly delegated by the City Council to other officers or agents
of Grand Island, or shall be required by law to be otherwise signed or executed,
and in general shall perform all duties incident to the mayor's office and such
other duties as may be prescribed by the City Council from time to time.
The mayor shall have the right to vote when his vote shall be decisive upon
upon any pending matter, legislation, or transaction. He shall take care that
the ordinances of the City and the provisions of the law relating to cities of
the first class are complied with. He may administer oaths, and shall sign the
commissions and appointments of all officers appointed in the City."
SECTION 2. That Section 2-7 of the Grand Island City Code be amended to read as
follows:
"Sec. 2-7. BONDS FOR CITY OFFICERS
Before entering upon the duties of their office or employment, the following
named officers and employees of the city are hereby required to give bonds and
security as provided by law for the faithful performance of their duties, which
bonds shall be approved by the city council and shall be given for the following
sums:
(a) Mayor
(b) Clerk finance director
(c) Deputy finance director
(d) Deputy clerk
(e) City council member
(f) City administrator
$20,000
$50,000
$5,000
$2,000
$1,000
$20,000"
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LEGAL DEPARTMU
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ORDINANCE NO, 6444 (Cont'd)
SECTION 3. That Division 2 of Chapter 2 of the Grand Island City Code, in particular
Sections 2-8, 2-9, and 2-10, be amended to read as follows:
"Division 2 - City Administrator
"Sec. 2-8. APPOINTMENT; RESERVATION OF POWER; COMPENSATION
There is hereby created and established the office of city administrator,
to be appointed by the mayor, with th~ approval of the city council; provided,
no elective officer of the City of Grand Island shall hold the position of city
administrator. He shall serve until the end of the term of the office of the
mayor, and may be removed at any time upon notice by the mayor with the approval
of the majority of the elected members of the council.
The purpose of the office of city administrator is to provide for the day
to day administration of the City of Grand Island, Nebraska. The city adminis-
trator will remain under the direction of the mayor and council and responsible
thereto for the efficient conduct of his office.
The city administrator shall not participate in a local election that
affects the office of mayor or city council, or any other elective municipal
position or issue, except for the casting of an individual ballot.
The mayor and council specifically reserves the right to make inquiries
of any personnel relative to municipal activities. Except for purpose of inquiry,
the city council shall deal with the administrative services of the City through
the administrator, and neither the council nor its members shall give orders
directly t,J any subordinate of the city administrator. The mayor will keep
the city administrator informed and seek imput on any action he takes or will take.
The salary of the city administrator shall be established by ordinance."
"Sec. 2-9. QUALIFICATIONS
The city administrator shall be chosen on the basis of his executive and
administrative qualifications with special reference to his actual experience,
or his knowledge of accepted practice in respect to the duties of his office.
At the time of his appointment, he need not be a resident of Grand Island, Nebraska,
but during the term of his office he shall reside in Grand Island, Nebraska."
"Sec. 2-10. DUTIES; GENERALLY
The duties of the city administrator are as follows:
(1) To attend all meetings of the city council and its committees unless
excused, with the duty of reporting on any matter concerning the City under his
direction; and to attend such other meetings of departments and officials as his
duties may require, or as may be directed by the mayor or council.
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ORDINANCE NO. 6444 (Cont'd)
(2) To make investigation into all affairs of the City and to make
recommendations to the mayor and council for the adoption of such measures and
ordinances as are deemed necessary or expedient for the good government of the City.
(3) To analyze the functions, duties, and activities of the various
departments, divisions, and services of the City, and of all employees thereof,
and to make recommendations regarding the same to the mayor and council; and to
faithfully carry out the directives and recommendations of the ITlayor and council
in coordinating the administrative functions and operations of the various
departments, divisions, and services.
(4) To keep the mayor and council fully advised as to the financial con-
dition of the City and its needs, he shall be responsible for the preparation of
the annual estimates of revenues and expenditures of the proposed budget for the
presentation of a complete financial plan for the City to the mayor and council
prior to the consideration and adoption of the annual appropriation ordinance by
the governing body. With the adoption of the budget and the passage of the appro-
priations ordinance by the governing body, the city administrator shall be respons-
ible for the supervision and control of the budgeted expenditures.
(5) To prepare and submit to the mayor and council as of the end of the
fiscal year a complete report on the finances and administrative activities of the
City for the preceding year.
(6) To recon~end to the mayor the appointment, discipline, and transfer
and dismissal of all City personnel over which he exercises jurisdiction.
(7) To investigate or have investigated all complaints filed against an
employee, department, division, or service of the City, and to report such investi-
gation with recommendation to the mayor and council..
(8) To perform all other duties and exercise such other power as may be
required by ordinance, or prescribed by resolution of the mayor and council."
SECTION 4. That Sections 2-1.3.1, 2-7, 2-8, and 2-9 as heretofore existing, and any
other ordinances in conflict herewith, be, and the same are, hereby repealed.
SECTION 5. This ordinance shall be in force and take effect from and after its passage,
approval, and publication in one issue of the Grand Island Daily Independent, and as of
. August 1, 1979, as provided by law.
Enacted
May 29, 1979
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I ROBERT . K ~, Mayor
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ATTEST'~~~';
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ORDINANCE NO. 6445
An ordinance to amend Chapter 20 of the Grand Island City Code by adding thereto
Section 20-86.21 pertaining to speed limits on South Cherry Street; to repeal conflicting
ordinances; to provide for a penalty; and to provide for the effective date hereof.
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 be amended by adding thereto
Section 20-86.21 to read as follows:
"Sec. 20-86.21. SPEED LIMITS - SOUTH CHERRY STREET
It shall be unlawful for any person to operate a motor vehicle on that
part of South Cherry Street between Sutherland Street and Bismark Road at a
rate of speed greater than thirty-five miles per hour."
SECTION 2. That any section of the Grand Island City Code or ordinances of the
City of Grand Island in conflict herewith, should be, and hereby are, repealed.
SECTION 3. Any person convicted of a violation of this ordinance shall be deemed
guilty of a misdemeanor and punished in accordance with 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
11 June 1979
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ORDINANCE NO. 6446
An ordinance to amend Article II of Chapter 23 of the Grand Island City Code
pertaining to lakes and other bodies of water publicly ovlned, concerning fishing and
swimming therein; to repeal the original Article; to provide an effective date hereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF. GRAND ISLAND, NEBRASKA:
SECTION 1. That Article II of Chapter 23 of the Grand Island City Code be amended
to read as follows:
"Article II. Lakes
"Sec. 23-5. TO BE STOCKED vaTH FISH
For the purpose of providing fishing for citizens of the City, Pier Park
Lake and other bodies of water capable of maintaining fish life may be stocked
with fish; and the mayor is hereby authorized to make application to the Game
& Parks Commission of the State of Nebraska to obtain such fish."
"Sec. 23-6. FISHING - GENERALLY
The public shall be permitted to fish in Pier Park Lake and other bodies
of water stocked with fish; provided, that no fishing be permitted until after
two weeks have elapsed after each time such lake has been stocked with fish,
and fishing in such lakes shall be permitted only between the hours of 7 a.m.
and 9 p.m. ; provided further, that individuals fishing in other bodies of water
stocked with fish shall not be allowed to trespass upon private property of
others in order to fish in said body of water."
"Sec. 23-7. FISHING - DAILY LIMIT
It shall be unlawful for any purpose to catch and take from Pier Park
Lake or other stocked bodies of water more than five fish per day."
"Sec. 23-8. FISHING - STATE LAW ADOPTED; EXCEPTION
All applicable laws, rules and regulations of the state pertaining to
fishing, including the regulation requiring a license to fish in the state, are
hereby adopted and made a part of this article, except such rules and regulations
as are provided by this article."
"Sec. 23-9. SWIMMING PROHIBITED
It shall be unlawful for any person to swim at any hour in Pier Park Lake
or other body of water owned and maintained by the City of Grand Island. Anyone
violating this section shall do so at his own risk, 1 not
apply to L. E. Ray Lake or municipal swimming pools."
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ORDINANCE NO. 6446 (Cont'd)
"Sec. 23-10. POSTING OF "NO SHIMMING" SIGNS
All bodies of water, including Pier Park Lake, owned and maintained
by the City of Grand Island, shall be posted, "No Swimming" by the Superintendent
of Parks. Such posting shall be placed at visible locations, but shall not
be mandatory for enforcement of this article."
"Sec. 23-11. SAME - DESTRUCTION PROHIBITED
It shall be unlawful for any individual to destroy, damage, remove, or
otherwise alter "No Swimming" signs posted in accordance with this article."
SECTION 2. That the original Article II of Chapter 23 of the Grand Island City
Code as heretofore existing, should be, and hereby is, repealed.
SECTION 3. That any person violating any section of Article II of Chapter 23
shall upon conviction be deemed guilty of a misdemeanor and punished in accordance with
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, approval, and publication within fifteen days in one issue of the Grand Island
Daily Independent, as provided by law.
Enacted
11 June 1979
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ORDINANCE NO. 6447
An ordinance creating Street Improvement District No. 984; 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 to provide for an
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. 984 in the City of Grand Island, Nebraska,
is hereby created.
SECTION 2. The boundaries of the district shall be as follows:
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Beginning at a point on the West line of St. Paul Road and 300 feet, or 91.440
meters, North of the northerly line of Tv7elfth Street; thence running southerly
on the West line of St. Paul Road for a distance of 300 feet, or 91.440 meters,
to the northerly line of Twelfth Street; thence running northeasterly on the
northerly line of Twelfth Street extended for a distance of 93 feet, or 28.346
meters, to the easterly line of St. Paul Road; thence running southerly on the
easterly line of St. Paul Road to the southerly line of Twelfth Street; thence
running westerly on the southerly line of Twelfth Street for a distance of 93
feet, or 28.346 meters, to the westerly line of St. Paul Road; thence running
southerly on the westerly line of St. Paul Road for a distance of 145.75 feet,
or 44.425 meters, to the southerly line of Lot 1, Capitol Hill Addition; thence
running westerly on the southerly line of Lots 1 through 4 and part of Lot 5 of
said addition for a distance of 167.5 feet, or 51,054 meters, to a point on the
South line of Lot 5, Capitol Hill Addition, said point being 5 feet, or 1.524
meters, West of the Southeast Corner of said Lot 5; thence running northerly on
the South prolongation of the westerly line of Warren Lane for a distance of
508 feet, or 154.838 meters, to a point on the westerly line of Warren Lane,
said point being 300 feet, or 91.440 meters, North of the northerly line of
Twelfth Street; thence running northeasterly on a line parallel to and 300 feet,
or 91.440 meters, North of the northerly line of Twelfth Street, for a distance
of 278.22 feet, or 84.801 meters, to a point in Lot 2, Weinert Subdivision;
thence running easterly on a line to a point on the westerly line of St. Paul
Road, said point being 300 feet, or 91.440 meters, North of the northerly line
of Twelfth Street, being 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:
Twelfth Street from the westerly line of Warren Lane to the westerly line
of St. Paul Road.
Said improvements shall be made in accordance with planr 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.
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Enacted June 25, 1919
ATTEST:
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CITY OF GRANO ISLAND.... NEBR.
ENGINEERING DEPARTMc.NT
S'taEET IMPROVEMENT DISTRICT,' NO. 984
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ORDINANCE NO. 6448
An ordinance creating Street Improvement District No. 985; defining the boundaries of
the district; providing for the improvement of streets within the district by paving,
guttering, and all incidental work in connection therewith; and to provide for an 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.. 985 in the City of Grand Island, Nebraska,
is hereby created.
SECTION 2. The boundaries of the district shall be as follows:
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Beginning at a point on the westerly line of Broadwell Avenue and 59.5 feet,
or 18.136 meters, North of the northerly line of Sixth Street; thence running
southerly on the westerly line of Broadwell Avenue for a distance of 59.5 feet,
or 18.136 meters, to the northerly line of Sixth Street; thence running easterly
on the northerly line of Sixth Street extended for a distance of 66 feet, or 20.117
meters, to the easterly line of Broadwell Avenue; thence running southerly on the
easterly line of Broadwell Avenue for a distance of 80 feet, or 24.384 meters;
thence running westerly on the east prolongation of the southerly line of Sixth
Street for a distance of 66 feet, or 20.117 meters, to the westerly line of
Broadwell Avenue; thence running southerly on the westerly line of Broadwell Avenue
for a distance of 140 feet, or 42.672 meters; thence running westerly on a line
parallel to and 140 feet South of the southerly line of Sixth Street for a aistance
of 312 feet, or 95.098 meters, to the westerly line of Hhite Avenue; thence running
northerly on the westerly line of White Avenue for a distance of 279.5 feet,. or
85.192 meters, to a point 59.5 feet, or 18.136 meters, North of the northerly
line of Sixth Street; thence easterly on a line parallel to and 59.5 feet, or
18.136 meters, North of the northerly line of Sixth Street for a distance of 280
feet, or 85.344 meters, to the \vesterly line of Broadwell Avenue, being the poi.nt
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:
Sixth Street from White Avenue to Broadwell Avenue.
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 Independet, a legal
newspaper published and of general circulation in said City, as provided by law.
Enacted June 25, 1979
ATTEST, .0-/ &~
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EXHIBIT "All
CITY OF GRAND ISLAND t NEBR.
ENGINEERING DEPARTMENT
[PLAT WO.~<t~MPANYORO:~
, SCALE I": 100'. L.C.C.'. 6112/79
STREET IMPROVEMENT DIST. NO. 985 .
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ORDINANCE NO. 6449
An ordinance creating Street Improverrlent District No. 986; 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 to provide for an 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.' 986 in the City of Grand Island, Nebraska,
is hereby created.
SECTION 2. The boundaries of the district shall be as follows:
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Beginning at a point on the North line of Capital Avenue and 300 feet, or 91.440
meters, East of the East line of St. Paul Road; thence running South on a line
parallel to and 300 feet, or 91.440 meters, East of the East line of St. Paul Road
for a distance of 1,669.5 feet, or 508.864 meters, to the North line of 15th Street;
thence running west on the North line of 15th Street for a distance of 175 feet,
or 53.34 meters, to a point 125 feet, or 38.1 meters, East of the East line of
St. Paul Road; thence running South on a line parallel to and 125 feet, or 38.1
meters, East of the East line of St. Paul Road for a distance of 292 feet, or
89.002 meters, to the North line of 14th Street; thence running East on the
North line of 14th Street for a distance of seven feet; or 2.134 meters, to a
point 132 feet, or 40.234 meters, East of the East line of St. Paul Road; thence
running South on a line parallel to and 132 feet, or 40.234 meters, East of the
East line of St. Paul Road for a distance of 340 feet, or 103.632 meters, to the
North line of 13th Street; thence running West on the North line of 13th Street
and a line with its West prolongation being 32 feet, or 9.754 meters, North of
and parallel to the North line of Weinert Subdivision for a distance of 498 feet,
or 151.79 meters, to a point 300 feet, or 91.44 meters, West of the West line of
St. Paul Road; thence ~unning North on a line parallel to and 300 feet, or 91.440
meters, West of the West line of St. Paul Road for a distance of 113 feet, or
34.442 meters, more or less, to the West prolongation of the South line of Beck
Subdivision; thence running West on the West prolongation of the South line of
Beck Subdivision for a distance of seven feet, or 2.134 meters, being 300 feet,
or 91.440 meters, West of the West line of St. Paul Road; thence running North
on a line parallel to and 300 feet, or 91.440 meters, West of the 1vest line of
St. Paul Road for a distance of 205 feet, or 62.484 meters, to the West prolongation
of the North line of Beck Subdivision; thence running East on the West prolongation
of the North line of Beck Subdivision for a distance of seven feet, or 2.134 meters,
being 300 feet, or 91.440 meters, West of the West line of St. Paul Road; thence
running North on a line parallel to and 300 feet, or 91.440 meters, West of the
West line of St. Paul Road for a distance of 784 feet, or 238.963 meters, to the
South line of 18th Street lying West of Indiana Avenue; thence running East on
the South line of 18th Street and its east prolongation for a distance of 234
feet, or 71.323 meters, to a point 66 feet, or 20.117 meters, West of the West
line of St. Paul Road; thence running North on a line parallel to and 66 feet,
or 20.117 meters, West of the West line of St. Paul Road for a distance of 376
feet, or 114.605 meters, to the East prolongation of the North line of 19th Street;
thence running West on the East prolongation of the North line of 19th Street
and on the North line of 19th Street for a distance of 234 feet, or 71.323 meters,
to a point 168 feet, or 51.206 meters, West of the East line of Indiana Avenue;
thence running North on a line parallel to and 300 feet, or 91.440 meters, West
of the West line of St. Paul Road for a distance of 831 feet, or 253.289 meters,
more or less, to the North line of Capital Avenue; thence running East on the
North line of Capital Avenue for a distance of 666 feet, or 202.997 meters, to
the place of beginning, all as shown on the plat marked Exhibit "A" attached
hereto and incorporated herein by reference.
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SECTION 3. The following street in the district shall be improved by paving, curbing,
guttering, and all incidental work in conneccion therewith:
St. Paul Road from the West prolongation of the North line of 13th Street
lying to the East of St. Paul Road to the South line of Capital Avenue.
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ORDINANCE NO. 6449 (Cont'd)
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 forc~ 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 June 25 t 1979
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ENGINEERING DEPARTMENT
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NO. . ,6449 .' . '., .
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SHEET 20L3 J SCALEI'~= 100' L.D.C.aK.E.S. e1151~1
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EXHIBIT itA'
CITY OF GRAND ISLAND... NEBR.!
ENGINEERING DEPARTM~NT __I
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ORDINANCE NO. 6450
An ordinance to vacate a portion of Frontage Road in Commercial Industrial Park Second
Subdivision in the City of Grand Island, Nebraska, conditioned upon the reservation of a
sanitary sewer easement; and to provide the effective date of this ordinance.
BE IT ORDAINED BY THE MAXOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBPASKA:
SECTION 1. That that part of Frontage Road abutting upon the East 50 feet, or 15.240
meters, of Lot 2 and all of Lot 3, Commercial Industrial Park Second Subdivision to the
City of Grand Island, Nebraska, be and hereby is, vacated; provided and conditioned, that
the City of Grand Island reserves a sixteen feet wide sanitary sewer easement for the con-
struction, operation, maintenance, extension, repair, replacement, and removal of a sanitary
sewer main, manholes and other appurtenances in, over, underneath, and through such reserved
easement, the centerline of such easement lying parallel to and 15.4 feet, or 4.694 meters,
North of the North line of Lot 2, and the East prolongation of the North line of Lot 2 of
said subdivision and extending from the West line of vacated Frontage Road to the East line
of vacated Frontage Road, together with the rights of ingress and egress through and across
such easement, all as shown on the drawing marked Exhibit "A" dated 6/13/79 attached hereto
and incorporated herein by reference.
No improvements, structures, or buildings of any kind
whatsoever shall be allowed in, upon, or over the easement herein retained.
SECTION 2. That the title to that portion 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 b~ filed in the
office of the Register of Deeds, Hall County, Nebraska.
SECTION 4. This ordinance shail 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 by
law provided.
Enacted June 25, 1979 .
ATTEST:
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Street to be vacated by Ord. No.
CITY OF GRAND ISLAND, NEBR.
ENGIt-JEERING DEPARTMENT
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. NO. 6450 ...... ,) -
ISCALE :1":100', R.D.U. 6/13/79
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Easement to be reta ined
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ORDINANCE NO. 6451
An ordinance pertaining to zoning in the City of Grand Island, Nebraska;
changing the classification from R3 - Medium Density Residential Zone, to R4 - High Density
Residential Zone of certain lots in Sunny Acres Subdivision in the City of Grand Island,
Nebraska; directing that such change and reclassification be shown on the official zoning
map of the City of Grand Island, Nebraska; and a~ending the provisions of Section 36-7 to
conform to such reclassification.
~lEREAS, the Regional Planning Commission on June 6, 1979, 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
~IEREAS, after public hearing on June 11, 1979, the City Council found and deter-
mined 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,
Nebraska, to wit:
Lots 20, 21, 22, 23, 24, and 25, Sunny Acres Subdivision in
the City of Grand Island, Hall County, Nebraska,
be, and the same is, hereby rezoned and reclassified and changed to R4 - High Density
Residential Zone classification.
SECTION 2. That the official zoning map of the City of Grand Island be, and the
same is, hereby ordered to be changed, amended, and completed in accordance with this
ordinance.
SECTION 3. That the finding and recommendation of the Regional Planning Commission
and the City Council of the City of Grand Island is 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 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.
Enacted
June 25, 1979.
ATTEST:
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LEGAL DEPARTMEr -
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ORDINANCE NO, 6452
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An ordinance to amend Sections 32-7, 32-8, 32-9, 32-20, and 32-22 of the Grand Island
City Code pertaining to Subdivision Regulations and minimum improvements within city
jurisdiction outside the corporate limits of the City of Grand Island; to repeal the
original sections; and to proyide an effective date hereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. That Section 32-7 of the Grand Island City Code is hereby amended to
read as follows:
"Sec. 32-7. PRELIMINARY STUDY AND DATA
(1) The subdivider shall prepare and file with the Planning Commission
twenty-two (22) copies of the proposed preliminary study and required data at
least fifteen (15) days prior to the date of the next regular Planning Commission
meeting at which approval of the preliminary study is required.
(2) The Director of Planning shall, within five days from the date of
filing, transmit a copy of the proposed preliminary study to the Board of
Education of the school district or districts involved, the city engineer,
utilities commissioner, and any other department or agency that may be affected
by the plat and as the commission may designate. Such department or agency except
said Board of Education shall have five days to review the referred preliminary
study and report back to the Director of Planning any requirements or recommend-
ations pertinent to approval of the study. The Director of Planning shall exarrline
the preliminary study as to compliance with laws and ordinances of the approved
master plan, other official plans and good planning principles; analyze the
recommendations submitted by other departments and agencies; coordinate these
recommendations and submit his recommendations to the Planning Commission at the
next regular meeting.
(3) The Planning Commission shall consider all evidence presented by the
subdivider, the Director of Planning, and others, and shall approve or disapprove
the application for conditional approval and shall within two (2) days of the
meeting, transmit its recommendation along with all supporting papers to the
City Council. A copy shall be retained in the permanent files of the Planning
Commission.
(4) The City Council shall consider and act upon the application for
conditional approval and the Planning Commission's recommendation and shall
approve or disapprove the proposed study. In the event of disapproval, the
council shall notify the Planning Commission and state specific reasons for
disapproval, a copy of which shall be transmitted to the subdivider. Approval
by the Council shall be effective for a period of twelve months after which if
the final plat has not been filed, reapproval of the preliminary study by the
Planning Commission and Council shall be required.
(5) The preliminary study shall be made from an accurate survey made by
a licensed land surveyor in the State of Nebraska. The minimum acceptable scale
shall be 100 feet to the inch. All preliminary studies shall provide the following
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(a) Proposed name and acreage of the subdivision.
(b) Name and address of owner, subdivider, and engineer or land surveyor.
(c) A legal description sufficient to define the location and boundaries
-of the subdivision and evidence of ownership of the property proposed to be
subdivided.
(d) A map indicating plans for the development of the entire area if
the proposed plat is a portion of a larger holding intended for subsequent
development. Preliminary engineering plans for all improvements for the
entire holding shall be a part or the requirement.
(e) Location, width, and name (if any) of all highways, streets, easements,
right-of-way or railroad, whether public or private, parks, or other open
spaces within and adjacent to the proposed subdivision. Tentative grades of
streets shall be shown.
(f) Location, grade, and size of existing and proposed storm and sanitary
sewers, water mains, electric, CATV, telephone, and gas mains within and
adjacent to tha proposed subdivision.
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ORDINANCE NO. 6452 (Cont'd)
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(g) Contours at intervals of six (6) inches.
(h) If any portion of the land within the boundary of the proposed
subdivision is subject to flood or storm water overflow, that fact and location
shall clearly be shown. Areas covered by water and trees shall also be shown.
(i) Layout, approximate dimensions, proposed use, number of each lot, and
number of each block shall be indicated.
(j) Location and outline to scale of each existing building or structure.
(k) Date, north point, and scale shall be shown.
(1) All areas not a part of the proposed plat due to other ownership
shall be clearly shown and marked TNot A Part'."
SECTION 2. That Section 32-8 of the Grand Island City Code is hereby amended to
read as follows:
"Sec. 32-8. PRELIMINARY PLAT
(1) The subdivider shall prepare and file with the Planning Commission
twenty-two (22) copies of the proposed preliminary plat at least fifteen (15) days
prior to the date of the next regular Planning Commission meeting at which approval
of the preliminary plat is requested. At the time of filing with the Planning
Commission, the subdivider shall submit to the city engineer cost estimates of
required improvements to be included in the proposed subdivision agreement.
(2) The Director of Planning shall, within five (5) days from the date of
filing, transmit a copy of the preliminary plat to the city engineer, utilities
commissioner, and any other department or agency that may be affected by the plat
and as the Commission may designate. Such department or agency shall have five
(5) days to review the preliminary plat and report back to the Director of Planning
any requirements or recommendations pertinent to approval of the plat.
(3) The Director of Planning shall examine the preliminary plat as to
compliance with the approved preliminary study; analyze the recommendations sub-
mitted by other departments and agencies; coordinate these recommendations and
submit his recommendation and the city engineer's report to the Planning Commission
at the next regular meeting.
(4) The Planning Commission' shall revie~7 the recommendation of the Director
of Planning and the report of the city engineer and either approve or disapprove
the preliminary plat. If the Planning Commission finds that the preliminary plat
has been prepared in compliance with these regulations and in substantial con-
formance with the approved preliminary study, such plat shall be approved. In the
event of disapproval, specific points of variance with aforesaid requirements shall
be a part of the Planning Commission's recommendation. The Planning Cormnission
shall within two (2) days of the meeting, transmit its recommendation along with
a copy of the preliminary plat and the city engineer's report to the city council.
A copy of the recommendation shall be sent to the subdivider and one copy shall
be retained in the permanent files of the Planning Commission.
(5) The City Council shall consider the preliminary plat along with the
recommendation of the Planning Commission and the city engineer, and if it finds
that the preliminary plat has been prepared in compliance with these regulations
and in substantial conformance with the approved preliminary study, such plat
shall be approved. In the event of disapproval, specific points of variance with
aforesaid requirements shall be part of the official record.
(6) In addition to any other fee or fees required by law and prior to the
consideration of the preliminary plat by the Planning Commission, the subdivider
shall pay to the city clerk-finance dire~tor a processing fee which shall not be
refundable. The fee shall be computed on the basis of $25 for subdivisions of
ten (10) lots or less, and $25 plus $1 per lot for each lot in excess of ten
(10) lots.
(7) The preliminary plat shall be drawn in permanent black drawing ink on
high grade linen or mylar which is reproducible with dimensions of 17 inches by
26 inches. The minimum acceptable scale shall be 100 feet to the inch. In the
event that the entire plat cannot be drawn on one sheet it shall be submitted in
two or more sheets of the same dimensions along with an index sheet showing the
entire development at a smaller scale. The original shall be submitted for checking
and signatures. Duplicate originals may be submitted for signatures. All prelim-
inary plats shall portray the following information:
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ORDINANCE NO, 6452 (Cont'd)
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(a) Name of subdivision, north arrow, scale, date and names of
subdivider, owner, and land surveyor.
(b) Legal description of the property, including location of boundary lines
in relation to section, township, range, county and state. The perimeter of the
subdivision shall be clearly and distinctly indicated.
(c) The lines of all streets and alleys and other lands to be dedicated
with their widths and names shall be shown.
(d) All lot lines and dimensions and numbering of lots and blocks accord-
ing to a uniform system.
(e)
services,
Easements for any right-of-way provided for public use, drainage,
or utilities, showing dimensions and purpose,
(f) All dimensions, both linear and angular, necessary for locating the
line!:l of lots, tracts, or parcels of land, streets, alleys, easements, and
boundaries of the subdivision. The linear dimensions are to be expressed in
feet and decimals of feet. The plat shall show all curve data necessary to
reconstruct on the ground all curvilinear boundaries and lines and radii of all
rounded corners,
(g) Closure: The perimeter and blocks of the plat shall close to an
allowable unadjusted error of 1 to 7500. Latitudes and departure computations
shall be submitted,
(h) The description, location, and elevation of all bench marks.
(i) Location and description of all permanent monuments to be set in the
subdivision.
(j) Names in dotted lettering of adjacent plats ~lith location and width
of adjoining streets shown by dashed lines.
(k) All areas not a part of the pr'e1iminary plat due to other ownership
shall be clearly shown as ','Not a Part".
(1) The following supplementary engineering data and plans:
1. Paving design including alignment, grades and a typical
cross-section,
2. Public sidewalks, design and location.
3. Location of telephones, electric, and CATV facilities if
underground.
4. Location, grade, and size of existing and proposed storm and
sanitary sewers, water mains and gas mains within the proposed
subdivision.
5. Location and outline to scale of each existing building or
structure which is not to be removed in the final development."
SECTION 3, That Section 32-9 of the Grand Island City Code be amended to read as
follows:
"Sec. 32-9. FINAL PLAT
(1) The subdivider shall prepare and file with the Planning Commission
twenty-two (22) copies of the proposed final plat at least fifteen (15) days
prior to the date of the next regular Planning Commission meeting at which approval
of the final plat is requested. The final plat may be submitted and considered
simultaneously with the preliminary plat.
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(2) The Director of Planning shall, within five (5) days from the date of
filing, transmit a copy of the final plat to the city engineer, utilities
commissioner, and other department or agency that may be affected by the plat or
as the Commission may designate, Such department or agency shall have five (5)
days to review the referred final plat and report back to the Director of Planning
any requirements or recommendations pertinent to approval of the plat.
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ORDINANCE NO. 6452 (Cont'd)
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(3) The Director of Planning shall examine the final plat as to compliance
with the approved preliminary plat; analyze the recommendations submitted by other
departments and agencies; coordinate these recommendations artd the city engineer's
report to the Planning Commission at the next regular meeting.
(4) The Planning Commission shall review the recommendation of the Director
of Planning and the report of the city engineer and either approve or disapprove
the final plat. If 'the Planning Commission finds that the final plat has been
prepared in compliance with these regulations and in substantial conformance with
the approved preliminary plat, such plat shall be approved. In the event of
disapproval, specific points of varian~e with aforesaid requirements shall be a
part of the Planning Commission's recommendation. The Planning Commission shall
within two (2) days of the meeting, transmit its recommendation along with a copy
of the final plat and the city engineer's report to the City Council. A copy of
the recommendation shall be sent to the subdivider and one copy shall be retained
in the permanent files of the Planning Commission.
(5) The City Council shall consider the final plat along with the report of
the Planning Commission and city engineer, and if it finds that the final plat
has been prepared in compliance with these regulations and in substantial conformance'
with the approved preliminary plat, such plat shall be approved. In the event of
disapproval, specific points of variance with aforesaid requirements shall be a
part of the official record. Upon approval of the final plat, the subdivider
shall, within ninety (90) days, furnish the following departments the data as
shown or such approval shall become null and void:
(a) Register of Deeds:
1. Approved final plat
2. Ordinance approving final plat
3. Protective covenants, restrictions and conditions, if any,
(b) City Clerk-Finance Director:
1. Print of approved plat
2. Ordinance approving final plat
3. Approved subdivision agreement
(c) City Engineer:
1. Reproducible of approved final plat.
(6) The final plat' shall be drawn in permanent black drawing ink on high
grade linen or mylar which is reproducible with dimensions of 17 inches by 26
inches. The minimum acceptable scale shall be 100 feet to the inch. In the event
that the entire plat cannot be one sheet, it shall be submitted in two or more
sheets of the same dimensions along with an index sheet showing the entire devel-
opment at a smaller scale. The original shall be submitted for checking and
signatures. Duplicate originals may be submitted for signatures. All final
plats shall portray the following information:
(a) Name of subdivision, north arrow, scale, date, and names of
subdivider, owner, and land surveyor.
(b) Legal description of the property including location of boundary
lines in relation to section, tovmship, range, county and state. The
perimeter of the subdivision shall be clearly and distinctly indicated.
(c) Location and layout of lots, streets, alleys, and other parcels
of land, with accurate dimensions in feet and decimals of feet, interior
angles, length of radii and/or arcs of all curves, and with all other
information necessary to reproduce the plat on the ground, together with
names of the streets.
(d) Location, use, and width of all easements for public use,
drainage, services, and utilities.
(e) Location and description of all permanent monuments set in the
subdivision.
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(f) Names in dotted lettering of adjacent plats with location and
width of adjoining streets, shown by dashed lines.
(g) Certificate, seal, and si.gnature of land surveyor.
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ORDINANCE NO. 6452 (Cont'd)
(h) Notarized certificate and signature of all parties having title
interest in the land being subdivided consenting to dedication and
recording of the final plat as submitted.
(i) Certificates to be signed by the Chairman of the Planning
Commission, Mayor, and City Clerk.
(j) All areas not a part of. the plat due to other ownerships shall
be clearly shown as 'Not a Part'."
SECTION 4. That Section 32-20 of the Grand Island City Code be amended to read as
follows:
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"Sec. 32-20. MINIMUM IMPROVEMENTS
Inasmuch as the primary purpose of subdividing land is to create residential
building sites or commercial or industrial building sites, and inasmuch as
vehicular access and certain utilities are essential to urban development, it
shall be the responsibility of the developer to install in accordance with plans,
specifications and data approved by the City Engineer certain required improvements
as follows:
(1) Staking: The following described monuments shall be installed before
the City Engineer shall approve the plat, or in lieu thereof a performance bond,
in an amount equal to the cost of doing such work shall be furnished to the City
of Grand Island before the City Engineer shall certify to the Council that the
required improvements have been satisfactorily arranged.
(a) The external boundaries, corners of blocks and lots, all
points of curvature and points of tangency shall be monumented by
an iron rod or pipe not less than one-half (~) inch outside diameter
and extending at least 24 inches below grade.
(2) Grading of Lots: When any building site is filled to a depth in
excess of five feet, said fill shall be laid down in six-inch layers and each
layer shall be given six passes with a sheepsfoot roller with optimum moisture
present for compaction to equal the bearing strength of the natural ground,
indicated by Proctor test or other test which may be approved by the City Engineer.
(3) Storm Drainage: Shall be constructed or installed with sufficient
capacity to handle all surface water traversing the subdivision. The design of
waterways, storm sewers, culverts and catch basins shall conform with standard
practice and specific plans of the City of Grand Island.
(4) Sanitary Sewer: Shall be installed for service to each lot according
to standard specifications of the City of Grand Island for similar types of
development. In no case shall the minimuln diameter for residential developments
be less than eight inches (8") and for commercial or industrial development the
minimum shall be ten inches (10").
(5) Water Supply. Shall be completed to each lot in accordance with
standard specifications of the City of Grand Island. Fire hydrants shall be
installed in a pattern approved by the Fire Chief and the Utilities COIDIllissioner.
(6) Grad~ng: Shall be completed to official grade on all streets for the
full width or-t e right-of-way and fills shall be compacted sufficiently to assure
adequate support for permanent paving, as set forth by standard specifications
of the City of Grand Island.
(7) Street Surfacing: Paving including curbs and gutters shall be completed
on all streets in accordance with the standard specifications of the City of
Grand Island and in conformity with any official street plans which may be adopted
by the City Council of Grand Island. Standard installations for sanitary sewer,
storm drainage and water may be required to be installed before paving, subject
to the recownendation of the Director of Public Works, even though such facilities
cannot be connected with the city system at the time of approval of the plat.
(8) Public Sidewalks four feet wide shall be constructed in accordance with
sidewalk standards and regulations approved by the Council along each side of
all street right-of-way to serve all lots in the plat.
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Ordinance No. 6452 (Cont'd)
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(9) Ins~ections shall be performed under the supervision of a professional
registered englneer. The subdivider may enter into an agreement with the City
whereby the developer of the subdivision shall pay for inspection personnel which
may be furnished by the City under supervision of the city engineer, on all
improvements constructed by such developer of such subdivision as provided for
in this ordinance."
SECTION 5. That Section 32-22 of the Grand Island City Code be amended to read as
follows:
"Sec. 32-22. MINIMUM IMPROVEMENTS
Inasmuch as the primary purpose of subdividing land is to create residential
building sites or commercial or industrial building sites, and inasmuch as vehicular
access and certain utilities are essential to urban development, it shall be the
responsibility of the developer to install in accordance with plans, specifications
and data approved by the City Engineer certain required improvements as follows:
(1) Staking: The following described monuments shall be installed before
the City Engineer shall approve the plat, or in lieu thereof, a performance bond
in an amount equal to the cost of doing such work shall be furnished to the City
of Grand Island before the City Engineer shall verify to the Council that required
improvements have been satisfactorily arranged.
(a) The external boundaries, corners of blocks and lots, all points
of curvature and points of tangency shall be monumented by an iron rod or
pipe not less than one-half inch (1z") outside diameter and extending at
least 24 inches below grade.
(2) Grading of Lots: When any building site is filled to a depth in excess
of five feet, said fill shall be laid down in six-inch layers, and each layer shall
be given six passes with a sheepsfoot roller with optimum moisture present for
compaction to equal the bearing strength of the natural ground, indicated by
Proctor test or other test which may be approved by the City Engineer.
(3) Storm Drainage: Shall be conveyed to an approved storm drainage system
if available and adequate to accept runoff from the fully developed subdivision.
Available shall mean the presence of an approved system adjacent or continguous
to the subdivision at any point. If an approved system is not available, then
provision must be made on site for detention of a ten-year design storm as per
criteria acceptable to the Grand Island Public Works Department. Provision shall
be made for surface water traversing the subdivision. The subdivider's engineer
shall specify drainage ditch elevation flow lines along with minimum acceptable
culvert sizes on the preliminary study and certify that correct elevations "ere
adhered to for all culvert placements, including driveways. The subdivision
agreement shall prohibit filling in of roadside ditches or other drainage facilities
and specify proper ownership and maintenance responsibilities of detention cells
and other drainage features.
(4) sanitart Sewer: A sanitary sewer system shall be provided to connect
all lots in the su division to a public system if available. Available shall mean
the presence of a public main within any right-of-way adjacent or contiguous to the
subdivision at any point. Individual systems shall be permissible on an initial
basis if a public system is not available. In the event that individual systems
are to be utilized, the subdivision agreement shall state that lot owners waive
the right to protest creation of a sanitary sewer district and must connect to
such district within two years of the district construction completion.
(5) Water Supp~: A water supply system shall be provided to connect all
lots in the subdivision to a public systemif available. Available shall mean
the presence of a public main within any right-of-way adjacent or contiguous to
the subdivision at any point. Individual systems shall be permissible on an initial
basis if a public system is not available. In the event individual systems are to
be utilized, the subdivision agreement shall state that lot owners waive the right
to protest creation of a water district and must connect to such district within
two years of the district construction completion.
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(6) ~~ding shall be completed to official grade on all streets for the full
width of the right-of-way, and fills shall be compacted sufficiently to assure
adequate support for permanent paving, as set forth by standard specifications of
the City of Grand Island and Hall County.
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(7) Street Surfacing: Improvements shall be completed on all streets in
the subdivision in accordance with standard specifications of the City of Grand
Island and in conformity with any official street plans which may be adopted by
the City Council. Installation for sanitary sewer, storm drainage, and water
supply, if any, may be required to be installed before paving, subject to
recommendation of the Director of Public Works, even though such facilities
cannot be connected with the city system at the time of approval of the plat.
The subdivision agreement shall state that lot o\mers waive the right to protest
creation of a paving or repaving district for any street within or adjacent to
the subdivision.
(8) Sidewalks: Concrete sidewalks having a width of not less than four
feet and thicknessof not less than four inches, shall be constructed on both
sides of all streets within residential subdivisions. The sidewalks shall be
located within the street right-of-way one foot from the property line. If the
drainage of the subdivision would cause the ditch section to be too large to
permit the sidewalk on the typical right-of-way, then additional dedication shall
be required. The grade of the sidewalks shall be set by the subdivider's engineer
and approved by the respective directors of public works for the County and the
City. Sidewalks adjacent to corner lots shall be extended to the street paving,
including necessary culvert for ditch crossing. Sidewalks shall be constructed
by the adjacent lot owner when such lot is built upon.
(9) Inspections: Inspections shall be performed under the supervision
of a professional registered engineer. The subdivider may enter into an agreement
with the City whereby the developer of the subdivision shall pay for inspection
personnel which may be furnished by the City, under supervision of the City
Engineer, on all improvements constructed by such developer of such subdivision
as provided for in this ordinance,"
SECTION 6. That Sections 32-7, 32-8, 32-9, 32-20, and 32-22 of the Grand Island
.City Code as heretofore existing, be, and hereby are, repealed.
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, as provided by law.
Enacted
June 25, 1979
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Mayor
ATIEST, Rfl/dU -
ity Clerk
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ORDINll.NCE NO. 6453
i\n Ordinance to amend Sections 1, 2 and 6 of Ordinance No. 6331, the
.Annual Appropriations Ordinance, ena.cted 24 July 1978, -co provj.de severability,
and to provide the effective date of this Ordinance.
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BE IT OHDl\.lllliD BY TEE Jl,i[liYOR MID COUNCIL OF TI-JE CITY OF GRtUID ISlJ'J:m,
NEBR\SKl\. :
SECTION 1. That; Section 1 of Ordinance No. 6331 is hereby amended to
delete the original lines pertaining to these funds a.nd insert the following:
FUND APPHOPRIII.TI,O,N
127 Street and Alley ~J;l, 236, 499
146 Comnmnications ~j; 131,121
209 Health Insurance $ 217,800
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SECTION 2. That Section 2 of Ordinance No. 6331 is hereby amended to
delete the original lines pertaining to these funds and insert the following:
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203 Social Security
$ 520,000
204 Ernployee Pension
$ 240,000
SECTION 3. That. Section 6 of Ordinance No. 6331 is hereby amended to
delete the original lines pertainir~ to these funds and insert the following:
FUND
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AP)?ROPHL1TION
212 General Insurance
~p 218,500
306 City Shop
~p 220, 392
SECTION It. 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 remaininp; portions thereof.
SECTION 5. This Ordinance shall be in force and take effect from and
after its passage, approval, and publication as provided by law.
Enacted J':'ffie 25, 1 ?79
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Robert L z, I1ayor
ATTEST: ~~.G'~~---~ City Clerk
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ORDINANCE NO I 6454
An ordinance to amend part of Article II of Chapter 12 of the Grand
Island City Code pertaining to electricity, electric rates and the manner of
billing for electrical energy supplied; to provide for increases in all
classes of electrical energy rates; to amend Sections 12-57, 12-60.1, 12-60.2,
12-62, 12-67, 12-75, 12-78,.12-79.2, 12-81, 12-84, 12-90, 12-95, 12-97.1,
12-97.2, 12-97.3, 12-97.4, and 12-99 of the Grand Island City Code; to
provide for severability and savings; to repeal conflicting ordinances; to
repeal the original sections; to provide for publication; and to provide for
an effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CIYl OF GRAND ISLAND,
NEBRASKA:
SECTION 1. That Section 12-57 of the Grand Island City Code be
amended to read as follows:
"Sec. 12-57. RATE - 010 - Residential Lighting
Kilowatt hours used per month
Rate per kilowatt hour
First 400 kWh
Additional kWh
$0.054
0.035
plus a customer charge of $0.50 per month in addition
to that charged for the electrical energy used.
Minimum monthly charge shall be $3.75."
SECTION 2. That Section 12-60.1 of the Grand Is land Ci ty Code be
amended to read as follows:
"Sec. 12-60.1. RATE - 020 - All Electric Home
This schedule has two sets of rates, one for th~
sunnner period of five months beginning with the June
billing, and the second of seven months beginning with
th~ November billing,
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ORDINANCE NO. 6454 (Cont'd)
Kilowatt hours used per month
Rate per kilowatt hour
Summer (June - October)
"All klVh
$0.035
Winter (November - May)
First 1000 kWh
Additional kWh
$0.035
0.030
plus a customer charge of $9.50 per month in addition
to that charged for the electrical energy used."
SECTION 3. That Section 12-60.2 of the Grand Island City Code be
amended to read as follows:
"Sec. 12-60.2. RATE - 070 - Rural All Electric Home
This schedule has two sets of rates, one for the
summer period of five months beginning with the June
billing, and the second for the winter season of seven
months beginning with the November billing.
Kilowatt hours used per month
Rate per kilowatt hour
Summer (June - October)
All kWh
$0.0375
Winter (November - May)
First 1000 kWh
Additional kWh
$0.0375
$0.031
plus a customer charge of $10.00 per month in addition
to that charged for the electrical energy used."
SECTION 4. That Section 12-62 of the Grand Island City Code be
amended to read as follows:
"Sec. 12-62. RATE - 030 - Commercial Lighting
Kilowatt hours used per month
Rate per kilowatt hour
First 350 klVh
Next 650 ktfu
Next 1500 kWh
Next 2500 klVh
Next 5000 kWh
Over 10,000 kWh
$0.059
$0.049
$0.043
$0.039
$0.034
$0.032
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ORDINANCE NO. 6454 (Cont'd)
plus a customer charge of $6.50 per month in addition
to that charged for the electrical energy used."
SECTION 5. That Section 12-67 of the Grand Island City Code be
amended to read as follows:
"Sec. 12-67. RATE - 040 - Power Rate
Rate per kilowatt hour
Kilowatt hours used per month
First 1000 kWh
Next 1500 kWh
Next 2500 kWh
Next 15,000 kWh
Over 20,000 kWh
$0.049
$0.06.2
$0.040
$0.035
$0.032
plus customer charge of $6.50 per month in addition to that charged
for electrical energy used.
Minimum - The minimum charge shall be no less than $6.50 per month.
For three phase service, the minimum shall in no event be less than
$2.15 per month per connected horsepower.
The City Utility Department may at its option install demand meters.
The kilowatt reading shall then replace the horsepower charge on the
basis of one horsepower = 0.75 kilowatt."
SECTION 6. That Section 12-75 of the Grand Island City Code be
amended to read as follows:
"Sec. 12-75. RATE - 060 - Rural Residential and Farm
Kilowatt hours used per month
Rate per kilowatt hour
First 200 kWh
Add it i ona 1 ki-lh
$0.0505
$0.0375
plus a customer charge of $6.50 per month in addition to that charged
for the electrical energy used."
SECTION 7. That Section 12-78 of the Grand Island City Code he
amended to read as follows:
"Sec. 12-78. RATE - 080 - Rural Irrigation
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ORDINANCE NO.- 6454 (Cont'd)
Connection Charge
Per connected horsepower or KVA per year,
payable in advance and nonrefundable $8.00
Energy Charge
First 5000 kWh per season
Additional kWh
$0.047
0.042
Minimum
The minimum connected charge shall be not less than
$8.00 per year per horsepower or KVA, and not less
than $80.00."
SECTION 8. That Section 12-79.2 of the Grand Island City Code be
amended to read as follows:
"Sec. 12-79.2. RATE - 090 - Rural Power Rate
Kilowatt hours used per month
Rate per kilowatt hour
First 400 kWh
Next 600 kWh
Next 1000 kWh
Next 3000 kWh
Over 5000 kWh
$0.070
. 0.054
0.048
0.043
0.037
Minimum - the minimum month ly charge sha 11 be $2.15
per month per horsepower connected, but for not less
than 10 horsepower.
The City Utility Department may at its option install
demand meters. The kilowatt reading shall then
replace the horsepower charge on the basis of one
horsepower = 0.75 kilowatt."
SECTION 9. That Section 12-81 of the Grand Island City Code be
amended to read as follows:
"Sec. 12-81. RATE - 100 - Optional Power
Kil-owatt hours used per month
Rate per kilowatt hour
First 100 kWh per month
per kW of demand
Next 20,000 kWh
Additional kWh
$0.0578
$0.0332
$0.0203
Minimum - The minimum monthly bill shall be not less
than $215.00."
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ORDINANCE NO. 6L~54 (Cont'd)
SECTION 10. That Section 12-84 of the Grand Island City Code be
amended to read as follows:
"Sec. 12-84. REPEALED BY ORn INANCE NO. 6454 "
SECTION 11. That Section 12-90 of the Grand Island City Code be
amended to read as follows:
"Sec. 12-90. RATE - 050 - General Commercial
Kilowatt hours used per month
Rate per kilowatt hour
First 500 kWh
Next 1500 kWh
Next 3000 kWh
Next 5000 kWh
Next 10,000 kWh
Over 20,000 kWh
$0.059
$0.052
$0.044
$0.041
$0.036
$0.032
plus a customer charge of $9.50 per month in addition
to that charged for the electrical energy'used.
Minimum - The minimum monthly charged shall be not
less than $9.50. The minimum shall in no event be
less than $2.15 per month connected horsepower.
. The City Utility Department may at its option install
demand meters. The kilowatt reading shall then
replace the horsepower charge on the basis of one
horsepower = 0.75 kilowatt. II
SECTION 12. That Section 12-95 of the Grand Island City Code be
amended to read as follows:
"Sec. 12-95. RATE - 055 - Connnercial All-Electric
This schedule has two sets of rates, one for the
summer period of five months beginning with the June
billing, and the second for the winter season of seven
months beginning with the November billing.
Kilowatt hours used per month
Rate per kilowatt hour
Sunnner (June - October)
First 500 kWh
Next 1500 kWh
Next 3000 kWh
Next 5000 kWh
Next 10,000 kHh
Over 20,000 kWh
$0.057
$0.048
$0.045
$0.042
$0.036
$0.032
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ORDINANCE NO. 6454 (Cont'd)
Winter (November - May)
First 500 kWh
Next 1000 kWh
Next 2500 kwn
Over 4000 k\m
$0.057
$0.040
$0.032
$0.0294
plus customer charge of $9.50 per plonth J.n addition to
that charged for electrical energy used.
Minimum - The minimum charge shall be $9.50 per
month. The minimum shall in no event be less than
$2.15 per month connected horsepower.
The City Utility Department may at its option install
demand meters. The kilowatt reading shall then
replace the horsepower charge on the basis of one
horesepower = 0.75 kilowatt."
SECTION 13. That Section 12-97.1 of the Grand Island City Code be
amended to read as follows:
"Sec. 12-97.1. RATE - 110 - Interdepartmental Energy 1
The demand charge for service under this rate shall be
at $3.25 per month per kW of the maximum thirty minute
demand. ,
The energy charge for all energy supplied under this
rate shall be $0.0235 per kWh."
SECTION 14. That Section 12-97.2 of the Grand Island City Code be
amended to read as follows:
"Sec. 12-97.2. RATE - 112 - Interdepartmental Energy 2
The energy charge for all energy supplied under this
rate shall be $0.0338 per kwn."
SECTION 15. That Section 12-97.3 of the Grand Island City Code be
amended to reas as follows:
"Sec. 12-97.3. RATE - 117 - Burdick Station Water
Pumping
The energy charge for all energy supplied under this
rate shall be $0.025 per kWh."
SECTION 16. That Section 12-97.4 of the Grand Island City
Code be amended to read as follows:
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ORDINANCE NO. 6454
(Cont'd)
"Sec. 12-97.4. RATE - 118 - Water Pollution
Control Plant
The demand charge for service under this rate shall be
$3.25 per month per kW of the maximum demand
interval.
The energy charge for all energy supplied under this
rate shall be $0.0235 per kWh."
SECTION 17. That Section 12-99 of the Grand Island City Code be
amended to read as follows:
"Sec. 12-99. RATE - 116 - STREET LIGHTING
The demand charge for the monthly charge for various
size lights, whether City or privately owned, shall be:
Wattage
175 watt light
400 wa tt light
1000 watt light
$1.45
2.90
7.20
The energy charge shall be $0.0278 per kWh."
SECTION 18. That the original Sections 12-57, 12-60.1, 12-60.2,
12-62, 12-67, 12-75, 12-78, 12-79.2, 12-81, 12-84, 12-90, 12-95, 12-97.1,
12-97.2, 12-97.3, 12-97.4, and 12-99 as heretofore existing, as well as any
other ordinance or ordinances in. conflict herewith, be, and hereby are,
repealed.
SECTION 19. If any section, subsection, sentence, clause, or phrase,
of this ordinance is, for any reason, held to be unconstitutional or inv1aid,
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.
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ORDINANCE NO. 6454 (Cont' d)
SECTION 20. 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 Auaust 1. 1979 .
Enac ted
June 25, 1979
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ATTEST:
~~/LL
City Clerk
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ORDINANCE NO, 6455
An ordinance directing and authorizing the conveyance of Frontage Road vacated by
Ordinance No, 6450 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 E, N. Roe and,Merlene Roe of that part of Frontage
Road in Commercial Industrial Park Second Subdivision vacated by Ordinance No. 6450, more
particularly described as that part of Frontage Road abutting upon the East 50 feet, or
15.240 meters, of Lot 2, and all of Lot 3, Commercial Industrial Park Second Subdivision
to the City of Grand Island, Nebraska, is hereby authorized and directed; provided and
conditioned, that the City of Grand Island reserves a sixteen feet wide sanitary sewer ease-
ment, the centerline of such easement lying,parallel to and 15,4 feet, or 4.694 meters North
of the North line of Lot 2, and the East prolongation of the North line of Lot 2 of said
subdivision and extending from the West line of vacated Frontage Road to the East line of
vacated Frontage Road. together with the rights of ingress and egress through and across
such easement, all as shown on the drawing marked Exhibit "A" dated 6/13/79 attached hereto
and incorporated herein by reference.
SECTION 2. The consideration for such conveyance shall be Five Thousand Two Hundred
Dollars ($5,200.00); 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
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ORDINANCE NO, 6455 (CQnt1d)
shall make, execute, and deliver to the said E. N. Roe and Merlene. Roe 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 qne issue of the Grand Island D~ilyIndepen-
dent, as provided by law.
Enacted
June 25, 1979
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EXHIBIT "AI
Street to be vacated by Ord. No.
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Easement to be reto ined
CITY OF GRAND ISLAND, NEBR. I
ENGINEERING DEPARTMENT
PLAT TO ACCOMPANY OHD~
NO. 6450 _.--J
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ORDINANCE NO. 6456
An ordinance to amend Section 15-28 of the Grand Island City Code pertaining to
residential garbage charges; to provide an effective date; to repeal the original section.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBFASKA:
SECTION 1. That Section 15-28 of the Grand Island City Code be amended to read as
follows:
"Sec. 15-28. CHARGES - RESIDENTIAL RATES - SCHEDULES
The maximum monthly rates which may be charged by all p:rsons engaged in
the collection and transportation of garbage and refuse based upon two collections
per week for residences are as follows:
Number of Units
Monthly Rates
$ 5.60
$ 2.75
One family
Each additional family
The garbage licensee and his customers may negotiate a reduced rate for
lesser services.
~fuen a separate billing is made for services rendered for each dwelling
unit of a two or more family dwelling, the one family monthly rate shall apply.
When a single billing is made for a two or more family dwelling, the applicabl~
multi-family rate shall apply.
The above charges may be billed on a quarterly basis."
SECTION 2. That Section 15-28 of the Grand Isl.9nd City Code as heretofore existing
should 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 and as of August 1, 1979.
Enacted
9 July 79
.ATTEST:
ffR~
City Clerk
, Mayor
LEGAL DEPARTMEf
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ORDINANCE NO. 6457
An ordinance creating Sidewalk District No.1, 1979; defining the district where
sidewalks are to be constructed and providing for the. construction of such sidewalks within
the district by paving and all incidental work in connection therewith; and to provide
the effective date.
WHEREAS. the Mayor and Council of the City of Grand Island have heretofore by resolution
passed by a three-fourths vote of all members of the council determined the necessity for
certain sidewalk improvements, pursuant to Section 19-2417, R.R.S. 1943, and Section 31-45
of the Grand Island City Code; and
~~EREAS, certain property O~1ers have failed to construct sidewalks within the time
specified in the resolution of necessity; and
WHEREAS, it is the determination of this council that such sidewalks should be constructed
by the district method;
NOW, TIIEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND,
NEBRASKA:
SECTION 1. Sidewalk District No.1, 1979, 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. Curb sidewalk on the west side of Ruby Street abutting Lot 15, Block 1,
Dill & Huston Second Addition
2. Curb sidewalk on the west side of Howard Avenue abutting Lot 15, Block 10.
and the North Half of vacated Prospect Street in University place.
SECTION 3. The sidewalks in the district shall be constructed by paving and all
incidental work in connection therewith; said improvements shall be made in accordance with
pla.ns and specifications prepared by the engineer for the City and approved by the Hayor
and City Council.
SECTION 4. The improvements shall be made at public cost, but the cost thereof shall
be assessed upon the lots and lands in the district specially benefited thereby as provided
by Section 19-2418, R.R.S. 1943.
SECTION 5. This ordinance shall be in force and take effect from and after its passage
and publication within fifteen days in one issue of the Grand Island Daily Independent as
by law provided.
Enacted
July 9, 1979
ATTEST:
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. CHy C er
LEGAL DEPARTMEl'rr
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ORDINANCE NO. 6458
An ordinance to amend Section 31-25 pertaining to costs of sidewalk or pavement cuts,
openings or replacements; to establish insurance requirements for independent contractors;
to repeal the original section; 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 Section 31-25 of the Grand Island City Code is amended to read as
follows:
"Sec. 31-25. .9HARGES FOR CUTS, OPENINGS AND' REPLACEMENTS
The City will, after the person or corporation receives the permit, do the
following work at the charges set forth, except in the case of public utility
corporations or city-owned utility departments as heretofore provided:
(a) For each linear foot of sidewalk or pavement cut (sawed),
whether bituminous or concrete $ 1.25
(b) Replacement for each square foot of four (4) inch
concrete sidewalk S 0,90
(c) Replacement for each square foot of five (5) inch
concrete sidewalks or driveways
(d) Replacement for each square yard of six (6) inch
concrete pavement
$ 1..10
$15.00
(e) Replacement for each square yard of one (1) inch
additional thickness over six (6) inch concrete pavement
$ 2.30
(f) Replacement for each square yard of brick pavement
including six (6) inch concrete base
(g) Replacement for each square yard of brick pavement
with asphaltic surface course
(h) Replacement for each square yard of bituminous
surfaced pavement with a concrete "base
(i) Replacement for each square yard of bituminous sur-
faced pavement without a concrete base
$16.75
$21,00
$18.50
$13,80
The money collected for the above charges shall be credited to the Street,
Alley & Paving Fund.
In lieu of the city performing any of the above services, the procurer of a
permit may perform such work on city rifht-of-way abutting his property only, or
he may employ an independent contractor, as approved by the city engineer, who shall
not commence work until he has obtained insurance with limits not less than herein-
after set out, namely:
(a) Workman's Compensation Insurance in compliance with the laws of the State
of Nebraska, and Employees Liability Insurance,
(b) Public Liability and Property Damage Insurance covering such independent
contractor with limits as follows:
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(1) Where work is to be performed in Light Business (Bl) Zone, General
Business (B2) Zone, Heavy Business (B3) Zone, Light Manufacturing (Ml) Zone,
Heavy Manufacturing (M2) Zone, Commercial Development (CD) Zone, or Industrial
Development (ID) Zone, with limits of not less than $25,000 for each person;
$50,000 for more than one person for each occurrence for bodily injury and
death: and property dalnage limits of not less than $10,000; and
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(2) \Vf1ere work is to be performed in Transitional Agriculture eTA) Zone,
Sururban Residential (Rl) Zone, Low Density Residential (R2) Zone, Medium Density
Residential (R3) Zone, High Density Residential (R.I.) Zone, Residential-Office (RG)
Zone, or Residential Development (RD) Zone, with limits of not less than $5,000
each person; $10,000 for more than one person for each occurrence for bodily
injury and death; and property damage limits of not less than $5,000: and, in
any instance, in such additional amounts as specified and required by the city
engineer when authorizing the work.
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ORDINANCE NO. 6458 (Cont'd)
(c) Automobile liability insurance with limits of $10,000 each person, and
$20,000 each accident for bodily injury or death; and $5,000 each accident for
property damage, or such additional amounts as specified by the city engineer when
authorizing the work.
SECTION 2. That the original Section 31-25 of the Grand Island City Code as
heretofore existing, is hereby repealed.
SECTION 3. That this ordinance shall be in full force and effect from and after its
passage, approval, publication as provided by l8w, and on August 1, 1979.
Enacted
,July 9, 1979'
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ROBE~. KRIZ, Mayor
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ORDINANCE NO. 6459
An ordinance to amend Section 20-106 (14) and (0) pertaining to truck routes; to
repeal the original subparagraphs sections; to provide for a penalty; 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 Section 20-106 (14) be amended to read as follows:
"(14) Fonner Park Road - between Adams Street and Stuhr Road','.
SECTION 2. That Section 20-106 (30) be amended to read as follows:
"(30) Third Street - between Broadwell Street and Blaine Street, thence
Blaine to Second Street",
SECTION 3. That the original Section 20-106 (14) and (30) be, and hereby are,
repealed.
SECTION 4. Any person violating the provisions of this ordinance shall upon
conviction be deemed guilty of an infraction and shall be punished as provided in
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, approval, and publication within fifteen days in one issue of the Grand Island
Daily Independent, as provided by law.
Enacted
,July 9, t97C)
ATIE~~
Hy Clerk
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ORDINANCE NO. 6460
An ordinance to amend Section 15-33 of the Grand Island City Code pertaining to
city landfill fees; to repeal the original section; 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 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 - $1.05 per cubic yard, minimum charge $2.00
(b) Trucks, pickups, trailers, vans, and all other vehicles -
$1.05 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 landfill site.
Provided, that any of the fees set out in subsections (a) and (b) above
may be waived b~ 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
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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 the original Section 15-33 of the Grand Island City Code as hereto-
fore existing, be, and hereby is, repealed.
SECTION 3. This ordinance shall be in full force and 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
.July 9, 1979.
ATTEST:
/~~ APPRO.~.-I\'VI
City Clerk I ~Jfl~;~71
I LEGAL DEPARTMEI' r
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ORDINANCE NO. 6461
An ordinance to amend Sectiom8-l7, 12-5, and 25-6(9) of the Grand Island City Code
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pertaining to construction, electrical, and plumbing permit fees, respectively; to repeal
the original sections; 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 Section 8-17 of the Grand Island City Code be amended to read as
follows:
"Sec. 8-17. SQUARE FOOT COST SCHEDULE
The following is a schedule for the square foot cost to be used for the
purpose of determining the basis for permit fees:
Residential Construction
Cost Per Square Foot
Primary floor area (includes all living
quarters and finished rooms)
$0.02
Second floor area (includes basements,
attached garages, carports, porches (open),
covered patios)
$0.01
$0.02
Detached garages, accessory buildings
Remodeling, alterations, repairs
$3.00 for first $1,000, plus
$2.00 for each additional $1,000
Move, relocate on same lot, or move from
one lot to another
Same as new building
Minimum building permit fee
$3.00
Commercial Construction
Cost
Per $1,00 or frpction thereof estimated 'cost -
up to $300,000
$3.00 for first $1,000, plus
$2.00 for each additional
$1,000
Per $1,000 or fraction thereof estimated cost
over $300,000
$1.00
Minimum permit fee
$3.00
The above fees shall apply to permits requ1r1ng inspections within the city limits.
Permits for outside the city limits requiring inspections shall be double the above
charges."
SECTION 2. That Section 12-5 of ,the Grand Island City Code be amended to read as
follows:
"Sec. 12-5. SAME - FEES
Upon the granting of a permit for electrical work, fees shall be paid to
the chief building inspector according to the following schedule:
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Outlets, each
Lighting fixtures
Receptacles
Switches
Gas burner and furnace fan
Disposal
Exhaust fan
Air Conditioner
Electric range
Built-in oven
Built-in top burners
Dishwasher
Clothes dryer, either direct or receptacle
X-ray equipment
Dental equipment
Surgical equipment
Medical examination equipment
Motion picture projector
Associated picture equipment
Motors, up to 5 hp
$0.10
$1.00
$1.50
$0.50
$1.50
$1. 00
$1.00
$1.00
$1. 50
$1. 50
$1. 50
$1. 50
$1. 50
$1.50
$1.50
$1.50
$1.00 minimum
l
ORDINANCE NO. 6461 (Cont'd)
.
Additional, over 5 hp, per hp
Any other apparatus for which no other
fee is listed
Any permit requiring inspection
Electrical services to and including 200 Amp
Electrical services 200 to 600 Amp
Electrical services, temporary
$0.10
$1. 50
$3.00 minimum
$3.00
$5.00
$3.00
The above fees shall apply to permits requiring inspections within the city limits.
Permits for outside the city limits requiring inspections shall be double the above
charges."
SECTION 3. That Section 25-6 (9) of the Grand Island City Code be amended to read
as follows:
"(9) Cost of Permit
Every applicant for a permit to do work regulated by this code shall state in
writing on the application form provided for that purpose, the character of work proposed
to be done and the amount and kind in connection therewith, together with such infor-
mation, pertinent thereto as may be required.
Such applicant shall pay for each permit issued at the time of issuance a fee
in accordance with the following schedule and at the rate provided for each classi-
fication shown herein.
Any person who shall commence any work for which a perMit is required by this
code without first having obtained a permit therefor shall, if subsequently permitted
to obtain a permit, pay double the permit fee fixed by this section for such work,
provided, however, that this provision shall not apply to emergency work when it shall
be proved to the satisfaction of the administrative authority that such work was urgently
fiecessary and that it was not practical to obtain a permit therefor before the commence-
ment of the work. In all such cases a permit must be obtained as soon as it is
practical to do so, and if there be an unreasonable delay in obtaining the permit, a
double fee as herein provided shall be charged.
For the purpose of this section a sanitary plumbing outlet on or to which a
plumbing fixture or appliance may be set or attached shall be construed to be a fixture.
Fees for reconnection and retest of existing plumbing systems in relocated buildings
shall be based on the number of plumbing fixtures, gas systems, water heaters, etc.,
involved.
When interceptor traps or housetrailer site traps are installed at the same time
as a building sewer on any lot, no sewer permit shall be required for the connection of
any such trap to an appropriate inlet fitting provided in the building sewer by the
permittee constructing such sewer.
\~en a permit has been obtained to connect an existing building or existing work
to the public sewer or to connect to a new private disposal facility, backfilling or
private sewage disposal facilities abandoned consequent to such connection is included
in the building sewer permit.
Schedule of Fees
(a) Each plumbing fixture and waste discharge device
(b) New or reconstructed sewer connection
(c) Construction or reconstruction of cesspool
(d) Each septic tank and leaching field'
(e) Each water heater
(f) Each water distribution system or service connection
(g) Repair or alteration of any plumbing system
(h) Automatic washing machines
(i) Automatic dishwashing machines
(j) Garbage disposal units installed, sewer lines, and
all other apparatus connected to the water service
line
(k) Any permit requiring inspection, minimum fee
$1. 50
$3.00
$3.00
$25.00
$1.00
$3.00
$1. 50
$1.00
$1. 00
$1.00
$3.00
.
The above fees shall apply to permits requiring inspections within the city limits.
Permits for outside the city limits requiring inspections shall be double the above
charges."
- 2 -
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,
,~
.
.
,
~
1
ORDINANCE NO. 6461 (Cont'd)
SECTION 4. That Sections 8-17, 12-5, and 25-6(9) of the Grand Island City Code as
heretofore existing, should be, and hereby are, repealed.
SECTION 5. This ordinance shall be in full force and effect from and after its
passage, approval, and publication \vithin fifteen days in one issue of the Grand Island
Daily Independent as provided by law, and as of August I, 1979.
Enacted
.July 9. 1.979
ATIE~~~~.-/
City C er
/~.
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/ Ro ert ~~ayor
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- 3 -
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ORDINANCE NO. 6462
An ordinance to set ambulance rates; to authorize the mayor
to enter into certain inter-governmental contracts; 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 rates for ambulance service provided by the
City of Grand Island, Nebraska, be, and hereby are, set as follows:
$40 per call made within the corporate limits of the City;
$40 per call, plus $1.00 per mile (computed on one-way mileage)
for calls outside the corporate limits
$40 per call for Hall County Welfare patients.
SECTION 2. The mayor and city clerk are hereby authorized
and directed to execute agreements with Hall County, Hamilton County,
Howard County, and Chapman Rural Fire District of Chapman, Nebraska,
and any other communities wishing emergency ambulance service,
based on the rates set herein.
SECTION 3. 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 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 August 1, 1979, and after the execution of the various
agreements authorized herein.
Enacted
,July 9~ 1979
.
ATTf~~~
City C er
LEGAL DEPARTMENT
.
.
ORDINANCE NO. 6463
An ordinance to amend Chapter 31 of the Grand Island City Code by adding thereto
Section 3l-25A pertaining to call-out charges for city-performed curb cut openings and
replacements; and to provide for the effective date hereof.
BY IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. That Chapter 31 of the Grand Island City Code be amended by adding
thereto Section 3l-25A to read as follows:
"Sec. 3l-25A. SAME - CALL-OUT CHARGE
In addition to the charges established by Section 31-25 of the
Grand Island City Code, each person or corporation receiving a permit
as required by Section 31-20 and requiring city personnel for perform-
ance of the work required thereunder, shall pay a fee of Ten Dollars
($10.00).
The aforesaid fee shall be credited to the Street, Alley & Paving
Fund. "
SECTION 2. This ordinance shall be in full force and take effect from and after
its passage, approval, and publication as provided by law, in one issue of the Grand
Island Daily Independent, and on August 1, 1979.
Enacted
July 23. 1979
ATTEST:
~~&.~
ity C er
~~.
OJ3ERT L. Z, MAYOR
LEGAL DEPARTME:
e
e
ORDINANCE NO. 6464
Any ordinance to amend Section 9-38 of the Grand Island City
Code pertaining to fees for the permanent care of cemetery spaces;
to repeal conflicting ordinances; 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 Section 9-38 of the Grand Island City Code
be amended to read as follows:
"Sec. 9-38. SAME - SCHEDULE OF PRICES
There are hereby established the following uniform prices
for the permanent care of lots in the city cemetery, said cost
to be included in the price of burial spaces as provided in
Section 9-35 of this chapter:
(a) Single burial space in any part of the city
cemetery, except Lots 127, 128, 145, and
146 of Section "C" $80.00
(b) Single burial space for a person under age
of six years in Lots 127, 128, 145, and
146 of Section "C" $20.00
SECTION 2. That Section 9-38 of the Grand Island City Code
as heretofore existing, should be, and hereby is, repealed.
SECTION 3. This ordinance shall be in full force and 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 July 9, 1979
ayor
ATTEST:
AJ(~L--'
City C er ...
LEGAL DEPARTMEI\JT
.
.
ORDINANCE NO. 6465
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; repeal-
ing Ordinance No. 6335 and Ordinance No. 6393 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) to be paid for such
classification, and the number of hours which certain such officers and employees shall
work each week areas follows:
1979-1980
SALARY SCHEDULES
t- PAY GRADES AND RANGE RATES
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~ CLASS PAY GRADE RANGE HOURS
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w 17 978-1422 40
-' Accountant I
Account Clerk I 5 564-768 40
Account Clerk II 9 672-973 40
Administrative Assistant I 21 1184-1720, Unlimited
Administrative Assistant II 24 1364-1988 Unlimited
Administrator I 10 708-1019 40
Assistant Cemetery Supt 15 890-1294 40
Assistant City Attorney 25 1433-2086 Unlimited
Assistant Golf Course Supt 15 890-1294 Unlimited
Asst Underground & Subst Supt 22 1241-1806 40
Asst Power Plant Supt 21 1184-1720 40
Asst Water Superintendent 19 1076-1565 40
Attorney I 21 1184-1720 Unlimited
Building Inspector I 17 978-1422 40
Business Manager 19 1076-1563 40
Cashier I 5 564-768 40
Cashier II 7 614-883 40
Cemetery Supt 19 1076-1563 Unlimited
Chief Building Official 23 1303-1894 Unlimited
Chief Power Dispatcher 20 1131-1641 40
Cert Senior Engineer Tech 20 1131-1640
City Administrator 1875-2917 Unlimited
City Attorney 1412-2816 Unlimited
Clerk II 5 564-768 40
Clerk III '7 614-883 40
Clerk Steno I 6 589-804 40
Clerk Steno II 8 643-928 40
Clerk Steno III 10 708-1021 40
Clerk Finance Director 1579-2316 Unlimited
Clerk Typist I 3 515-701 40
Clerk Typist II 5 564-768 40
Clerk Typist III 7 614-883 40
Community Development Coord 21 1184-1720 Unlimited
Community Development Dir 1764-2586 Unlimited
Community Development Tech 17 978-1422 40
Custodian I 6 589-804 40
Custodian II 8 643-927 40
Deputy Clerk-Finance Director 23 1303-1894 Un1.imi.ted
Deputy Fire Chief 22S 1433-1804 Unlimited
ORDINANCE NO. 6465 (Cont'd)
Deputy Police Chief 22S 1433-1844 Unlimited
. Director of Utility Operations 2315-3334 Unlimited
Distribution Supt - Elec tric 24 1364-1988 40
Electrical Engineer II 24 1365-1988 40
Electrical Engineer III PE 29 1731-2532 40
Electrical Inspector 17 978-1422 40
Engineer Aide I 10 708-1019 40
Engineer Aide II 12 771-1122 40
Engineer Aide III 14 847-1235 40
Engineer Aide IV 16 933-1358 40
Engineer Assistant I 15 890-1294 40
Engineer Assistant II 18 1027-1494 40
Engineer I 21 1184-1720 Unlimited
Engineer II 24 1364-1986 Unlimited
Engineer III 27 1573-2189 Unlimited
Engineer III (PE) 29 1804-2427 Unlimi ted
Equipment Mechanic I 13 811-1178 40
Equipment Mechanic II 16 933-1358 40
Fire Chief 1433-2069 Unlimited
Fire Marshall 21S 1364-1721 Unlimited
Fire Training Officer 21S 1364-1720 Unlimited
Foreman I 15 890-1294 40
Foreman II 18 1027-1494 40
Golf Course Superintendent 21 1184-1720 Unlimited
Golf Pro 800 Unlimited
Housing Inspector I 15 890-1294 40
Lab Technician I 11 737-1071 40
Lab Technician II 18 1027-1494 40
Lab Technologist 20 1076-1563 40
Landfill Attendant 8 643-927 40
Legal Steno I 7 614-883 40
Legal Steno II 10 708-1019 40
Line Foreman 22 1241-1806 40
Maintenance Man I 10 708-1019 40
Maintenance Man II 12 771-1122 40
Maintenance Man III 14 847-1235 40
Maintenance Mchanic I 13 811-1178 40
Maintenance Mechanic II 16 933-1358 40
Meter Reader Supervisor 15 890-1294 40
Meter Superintendent 22 1241-1806 40
Park Maintenance Man 10 708-1019 40
Parks/Recreation Director 1598-2299 Unlimited
Parking Attendant 6 589-804 40
Park Superintendent 20 1131-1640 Unlimited
Plant Maintenance Supt - Power 20 1131-1641 40
Plant Operator I - WPCP 10 708-1019 40
Plant Operator II - WPCP 12 771-1122 40
Plant Operator Chief (III) WPCP 18 1027-1494 40
Plant Superintendent - WPCP 22 1241-1804 Unlimited
Plant Superintendent - Power 23 1303-1896 40
Plumbing Inspector 17 978-1422 40
Police Captain 20S 1303-1678 40
Police Chief 1543-2299 Unlimited
Production Superintendent 25 1433-2088 40
Public Works Director 2292-3208 Unlimited
Recreation Superintendent 23 1000-1400 Unlimited
Stores Superintendent 22 1241-1804 Un1 imited
Stores Supervisor 17 978-1424 40
Underground & Substation Supt 24 1364-1988 40
Utilities Engineer Asst II 18 1028-1494 40
Utilities Engineer III 27 1574-2298 40
Utilities Engineer - Mechanical 28 1650-2411 Unlimited
Utility Worker I/Laborer 7 614-883 40
Utility Worker II 9 672-973 40
Water Superintendent 22 1241-1806 40
.
- 2 -
.
- 3 -
.
.
ORDINANCE NO, 6465 (Cont'd)
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 $30-$42 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,
subsection, sentence, clause or phrase thereof.
SECTION 4. Ordinance No. 6335 and Ordinance No. 6393 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 30, 1979.
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 July 23, 1979
Attest: //~~ ~~
City C er
-9-1 P6-
. Robert L. riz, Mayor
- 4 -
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ORDINANCE NO. 6466
.
An ordinance creating Street Improvement District No. 988; defining the boundaries
of the district; providing for the improvement of streets within the district by paving,
guttering, and all incidental work in connection therewith; and to provide for an 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. 988 in the City of Grand Island,
Nebraska, is hereby created.
SECTION 2. The boundaries of the district shall be as follows:
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Beginning at a point on the North line of Lot A, Block I, Blain Addition,
and 43 feet, or 13.108 meters, East of the Northwest corner of said Lot
A; thence running South on a line parallel to and 43 feet, or 13.108 meters
East of the West line of said Lot A for a distance of 138 feet, or 42.062
meters, to the North line of 19th Street; thence running East on the North
line of 19th Street for a distance of 50 feet, or 15.240 meters, to the
East line of Indiana Avenue; thence running south on the East line of
Indiana Avenue for a distance of 50 feet, or 15.240 meters; thence running
West on the East prolongation of the South line of 19th Street for a distance
of 50 feet, or 15.240 meters, to the West line of Indiana Avenue; thence
running South on the West line of lndiana Avenue for a distance of 138
feet, or 42.062 meters; thence running West on a line parallel to and 138
feet, or 42.062 meters, South of the South line of 19th Street for a
distance of 983 feet, or 299.618 meters, to the Hest line of Illinois Avenue;
thence running North on the Hest line of Illinois Avenue for a distance of
326 feet, or 99.365 meters; thence running East on a line parallel to and
138 feet, or 42.062 meters, North of the North line of 19th Street for a
distance of 983 feet, or 299.618 meters, to a point on the North line of
Lot A, Block I, Blain Addition, being 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:
19th Street from Illinois Avenue to Indiana Avenue.
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 improv~ments 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 July 23, 1979
.
ATTEST: A?S4'~ ~&~
City Cler
~'~~-KRIZ' Mayor
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ORDINANCE NO, 6467
.
An ordinancecreating Sanitary Sewer District No, 446 in the City of Grand Island,
Nebraska; defining the boundaries of the district; providing for the laying of a sanitary
sewer main in said district; providing for plans and specifications and securing bids;
providing for the assessment of special taxes for constructing such sewer and collection
thereof; and to provide for the effective date thereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. Sanitary Sewer District No. 446 of the City of Grand Island, Nebraska,
is hereby created for the laying of a ten-inch, or 25.40 centimeters, vitrified clay or
polyvinalchloride plastic pipe, line, and appurtenances thereto.
SECTION 2. The boundaries of such sanitary sewer district shall be as follows:
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Beginning at a point in Lot 2, Fonner Second Subdivision, said point being
306.5 feet, or 93.421 meters, North of the South line of said Lot 2 and 25
feet, or 7.620 meters, East of the West line of said Lot 2; thence running
South on a line parallel to and 25 feet, or 7.620 meters, East of the West
line of said Lot 2 and on the East line of Lot 2, Roepke Subdivision, for
a distance of 506.5 feet, or 154.381 meters, to the Southeast corner of
Roepke Subdivision; thence running westerly on the South line of Roepke
Subdivision for a distance of 399.5 feet, or 121.768 meters; thence running
northwesterly on the southwesterly line of said subdivision for a distance
of 27.15 feet, or 8.275 meters; thence running northerly on the westerly line
of Lot 1, Roepke Subdivision, for a distance of 78.63 feet, or 23.966 meters;
thence running East on a line perpendicular to the West line of Lot I,
Roepke Subdivision, for a distance of 5.5 feet, or 1.676 meters; thence
running North on a line parallel to and 5.5 feet, or 1.676 meters, East of
the West line of Lot 1, Roepke Subdivision for a distance of 6 feet, or
1.829 meters; thence running West on a line perpendicular to the West line
of Lot 1, Roepke Subdivision, for a distance of 5.5 feet, or 1.676 meters;
thence running North on the West line of Roepke Subdivision for a distance
of 95.5 feet, or 29.108 meters, to the Northwest corner of said subdivision;
thence running West on the South line of Lot 5, Fonner Second Subdivision,
for a distance of 4 feet, or 1.219 meters, to the Southwest corner of said
Lot 5; thence running North on the West line of Lot 5, Fonner Second Sub-
division for a distance of 140 feet, or 42.672 meters; thence running East
on a line perpendicular to the West line of said Lot 5 for a distance of
5.5 feet, or 1.676 meters; thence running North on a line parallel to and
5.5 feet, or 1.676 meters, East of the West line of said Lot 5 for a distance
of 6 feet, or 1.829 meters; thence running West on a line perpendicular to the
West line of said Lot 5 for a distance of 5.5 feet, or 1.676 meters; thence
running North on the West line of said Lot 5 for a distance of 54 feet, or
16.459 meters, to the Northwest corner of said Lot 5; thence running easterly
on the North line of said Lot 5 for a distance of 397 feet, or 121. 006 meters,
to the Northeast corner of said Lot 5; thence running North on the West line
of Lot 2, Fonner Second Subdivision for a distance of 106.5 feet, or 32.461
meters; thence running East on a line perpendicular to the West line of said
Lot 2 for a distance of 25 feet, or 7.620 meters, to a point in said Lot 2,
being the point of beginning, all as shown on the plat marked Exhibit "A"
attached hereto and incorporated herein by reference.
.
SECTION 3. Said improvements shall be made in accordance with plans and specifi-
cations prepared by the Engineer for the City who shall estimate the cost thereof, and
submit the same to the City Council, and upon approval of the same, bids for the construction
of such sanitary sewer shall be taken and contracts entered into in the manner provided by law.
SECTION 4. The cost of construction of such improvements shall be assessed against
the property within the district abutting upon the street or other right-of-way within which
such sanitary sewer main will be constructed within such sewerage district to the extent of
benefits to such property by reason of such improvement, and a special tax shall be levied
at one time to pay for such cost of construction as soon as can be ascertained, as provided
by law; and, provided further, such special tax and assessments shall constitute a sinking
J
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.
.
ORDINANCE NO. 6467 (Cont'd)
fund for the payment of any bonds with interest issued for the purpose of paying the cost
of such sewer in such district; such special assessments shall be paid and collected in a
fund to be designated and known as the Sewer and Water Extension Fund, and out of which all
warrants issued for the purpose of paying the cost of such sanitary sewer shall be paid.
SECTION 5.
This ordinance shall be in force and take effect from and after its
/
passage, approval, and publication, without the plat, as provided by law.
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds of Hall County, Nebraska.
SECTION 7. After passage, approval, and publication of this ordinance without
the plat, notice of the creation of said district shall be published in the Grand Island
Daily Independent, a legal newspaper published in and of general circulation in said City,
as provided by law.
Enacted
July 23, 1979
Attest: ~JfL1~~~
City Cler
. q~Kili. Mayor
- 2 -
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EXHIBIT I 'All
SANITARY SEWER DISTRICT NO.446
. -
CITY 0 F GRANO ISLAND, NEBR.
ENGINEERI NGDEPART MENT
I PLAT ~g.~~~~MPANYORC.m
I;SCALiJ': IOO'~ L~D.C.7~L7$.
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ORDINANCE NO. 6468
.
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 nnmicipal purposes, including additional amounts to make
contributions to the Social Security F'lmd, 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 1979 and ending on
the 31st day of July 1980; to provide severability; and to provide the
effective date.
BE rr ORDAmED BY THE MAYOR AND COUNCIL OF THE CrrY OF GRAND ISLAND,
NEBRASKA. :
SECTION 1. GENERAL FUND
The amount of $684,749 in miscellaneous income, together with the
unexpended balance of $146,583, 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 $ 51,;fJ7
103 Clerk - Finance 84,550
105 City Attorney 78,2:75
106 Planning 51,350
107 City Hall Maintenance 73,487
109 General Incident 100,050
110 Building Department 79,517
111 Engineering 312,7;fJ
Total General F'lmd $831,332
.
SECTION 2. PUBLIC HEALTH AND SAFETY FUNDS
The amount of $1,173,895 to be raised by taxation, together with the
unexpended balance of $143,417, and total miscellaneous income of $680,281
is hereby appropriated for the ensuing fiscal year to defray all necessary
ORDmANCE NO. 6468
Page 2.
expenses and liability of city departments and operations in the functional
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 $ 63,745
142 Civil Defense 3,375
143 Fire Department 721,725
144 Ambulance 110,165
146 Communications 135,011
160 Police Department 963,572
Total Health and Safety $1,997,593
SECTION 3. PUBLIC WORKS FUNDS
The amount of $201,547 to be raised by taxation, together with the
unexpended balance of $303,512 and $2,231,931 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 properly, 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
123 Sewer Maintenance $ 91,600
.
125 Sewer Treatment 676,447
126 Storm Sewer None
127 Street and Alley 1,677,407
128 landfill 291,536
Total Public Works $2,736,990
ORDINANCE NO. 6468
Page 3.
.
SECTION 4. PARKING FUNDS
The amount of $50,000 to be raised by taxation, together with the
unexpended balance of $102,211, and $89,125 in miscellaneous income is
hereby appropriated for the ensuing fiscal year to defray all necessary
liability 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.
~ APPROPRIATION
307 Parking Operations $ 49,000
308 Parking Improvement 84,000
309 Parking Reserve 58,336
Total Parking Funds $191,336
SECTION 5. POLICE AND FIRE PENSION FUNDS
The amount of $358,452 to be raised by taxation, together with the
unexpended balance of $1,518,364 and miscellaneous income of $165,000 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 $ 30,087
205 Police Pension 770,251
206 Fire Retirement 1,241,478
Total Pension Fund $2,041,816
SECTION 6. EMPLOYEE :BENEFrr FUNDS
The amount of $358,390 to be raised by taxation, together with the
unexpended balance of $73,110, and $822,500 of miscellaneous income is hereby
ORDINANCE NO. 6468
.
Page 4.
appropriated for the ensuing fiscal year to defray necessary expenses 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:
~ APPROPRIATION
203 Social Security $600,000
204 General Pension 280,000
209 Health Insurance 252,000
214 Employment Security 100,000
215 Group Life Insurance 22,000
Total Employee Benefit $1,254,000
SECTION 7. PARKS AND RECREATION FUNDS
The amount of $426,992 to be raised by taxation, together with the
unexpended balance of $106,459 and miscellaneous income of $845,863 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:
~ APPROPRIATION
140 Band $ 3,900
141 Cemetery 164,975
. 145 Library 231,819
147 Golf Course 184,000
148 Recreation 90,310
149 SWi.mming Pool 54,525
ORDrnANCE NO. 6468
Page 5.
!Q!:!Q
APPROPRIATION
150 Parks
$649,785
e
Total Parks and Recreation $1,379,314
SECTION 8. SANTI'ARY SEWER FUNDS
The amount of $175,000 to be raised by taxation, together with the
unexpended balance of $440,120, and miscellaneous income of $3,687,066 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:
FUND APPROPRIATION
-
310 Sewer Revenue $1,055,000
311 Sewer Bond 176,095
312 Sewer Reserve 180,000
313 Sewer Operation 10,690
314 Sewer SUrplus 366,401
340 Sewer Construction 2,514,000
Total Sanitary Sewer $4,302,186
SECTION 9. SERVICE FUNDS
The amount of $57,802 in unexpended balance together with $503,235 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,
e
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:
ORDINANCE NO. 6468
Page 6.
.
~
207 Savings Bonds
208 Sales Tax
212 General Insurance
221 Special Deposit
306 City Shop Garage
Total Service Funds
APPROPRIATION
$ 35,000
30,679
250,000
4,000
241,358
$561,037
SECTION 10. SPECIAL AID PROGRAMS
The amount of $18,297 in unexpended balance together with $1,543,700 in
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
APPROPRIATION
None
None
.
270 Revenue Sharing
301 Community Development
Total Special Aid Program
SECTION 11. TRUST FONDS
The amount of $338,461 in unexpended balance together with $6,000 in
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:
$430,297
1,131,700
$1,561,997
ORDINANCE NO. 6468
Page 7.
~
219 E. M. Abbott Fund
APPROPRIATION
.
Total Trust Funds
$ 10,000
334,461
$344,461
305 Cemetery Care Fund
SECTION 12. GENERAL OBLIGATION BOND FUNDS
The amount of $352,310 to be raised by taxation, together with the
unexpended balance of $1,074,480, and $505,437 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:
~
APPROPRIATION
$1,501,047
333,209
201 Various Purpose Bond
210 storm Sewer Bond
211 Library Bond 97,971
Total General Obligation
Bond $1,932,227
SECTION 13. ASSESSMf5NT FUNDS
The amount of $2,326,000 in miscellaneous income is hereby appropriated
for the ensuing fiscal year to defray necessary expenses and liability of
special assessment funds. The purpose and object of the appropriation is to
pay compensation to independent contractors, and to pay any and all other
necessary expenses and liability in conjunction with paving improvements and
sanitary sewer extensions of the following:
Total Assessment Funds
APPROPRIATION
$1,830,000
496,000
$2,326,000
~
601 Paving Districts
602 Sewer Districts
SECTION 14. UTILITY FUNDS
.
The amount of $50,500,000 in unexpended balance together with $19,970,000
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
ORDmANCE NO. 6468
Page 8.
items, real es-ta te, personal property, insurance and judgments, and -to pay
any and all other necessary expenses and liability of the following electric
and water Utility funds:
.
~
APPROPRIATION
Electric Operation
$26,000,000
43,000,000
1,450,000
Electric Construction
Water Operation
Water Construction
None
Total Utility Funds
$70,450,000
SECTION 15.
If any section, subsection, or any other portion of this Ordinance is
held to be invalid or unconsti i;utional 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 16.
This Ordinance shall be in force and take effect from and after, its
passage, approval, and publication as provided by law.
Enacted
July 23, 1979
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.
ORDlliANCE NO. 6469
.
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 1979, and ending
on the 31st day of July 1980, and providing for the certification and
collection thereof.
BE IT ORDAmED BY THE MAYOR.AND COUNCIL OF THE 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 1979, in lieu of the municipal levies authorized by the
several statutes, is $2,133,078 for the following stated purposes:
~ PROPERTY TAX
122 Health Department $ 63,745
142 Civil Defense 235
143 Fire Department 648,396
144 Ambulance 12,060
146 Communications 110,253
160 Police Department 339,206
123 Sewer Maintenance 14,374
127 Street and Alley 187,173
209 Health Insurance 152,903
215 Group Life Insurance 2,741
140 Band 2,131
141 Cemetery 5,192
145 Library 190,646
150 Parks 229,023
310 Sewer Revenue 175,000
TOTAL GENERAL IEVY $2,133,078
.
SECTION 2. ADDITIONAL IEVY. The amount to be raised by taxation as
additional levies as authorized by the several statutes is $913,508 for the
following stated purposes:
~
202 Fire Pension
205 Police Pension
PROPERTY TAX
$ 26,452
32,000
ORDINANCE NO. 6469
Page 2.
.
~
206 Fire Retirement
203 Social SeC'tll:'i ty
204 General Pension
214 Employment Security
201 Various Purpose Bond
210 Storm Sewer Bond
211 Library Bond
PROPERTY TAX
$)00,000
141,026
52,233
9,487
125,531
182,695
44.084
TOTAL ADDED IEVY
$913,508
SECTION 3. PARKJNG LEVY. 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 -bhe City as provided by law.
SECTION 4. Such amounts to be raised by taxation shall be assessed
upon the value of all the taxable property in the City of Grand Island,
Nebraska, except intangible property, and such tax shall be collected in
the manner provided by law.
SECTION 5. The City Clerk of the City of Grand Island, Nebraska, is
hereby instructed and directed to certify to the County Clerk of Hall County,
Nebraska, the amount of said taxes, together with all unpaid special
assessments and taxes authorized to be levied and certified, and the same
shall be collected in the manner prOvided by law.
SECTION 6. This Ordinance shall be in force and take effect from and
after its passage, approval, and publication as prOvided by law.
Enacted
July 23. 1979
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ORDINANCE NO, 6470
An ordinance pertaining to zoning in the City of Grand Island, Nebraska; changing
the classification from R2.- Low Density Residential Zone, to.R2-M - Low Density Residential-
Mobile Home Zone, of certain lots in Blain Addition in the City of Grand Island, Nebraska;
directing that such change and reclassification be shown on the officla zoning map of the
City of Grand Island; amending the provtsions of Section 36-7 to conform to such reclassi-
fication; and to providing the effective date hereof.
WHEREAS, the Regional Planning Commission on July 11, 1979, 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 July 23, 1979, 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, Nebraska,
to wi t :
Lot 26, and Fractional Lots 27 and 28, Block 4, Blain Addition
in the City of Grand Island, Nebraska,
be, and the same is, hereby rezoned and reclassified and changed to R2-M - Low Density
Residential-Mobile Horne Zone classification.
SECTION 2. That the official zoning map of the City of Grand Island be, and the
same is, hereby ordered to be changed, amended, and completed in accordance with this
ordinance.
SECTION 3. That the finding and recommendation of the Regional Planning Commission
and the City Council of the City of Grand Island is 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 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.
Enacted
August 6, 1979
KRIZ, Mayor
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ORDINANCE NO. 6471
An ordinance pertaining to zoning in the City of Grand Island, Nebraska; changing
the classification from Rl - Suburban Residential Zone, to RD - Residential Development
Zone, of certain lots in Regency By The Green Subdivision in the City of Grand Island,
Nebraska; directing that such change and reclassification be shown on the official zoning
map of the City of Grand Island, Nebraska; and amending the provisions of Section 36-7 to
conform to such reclassification.
WHEREAS, the Regional Planning Commission on July 11, 1979, 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 July 23, 1979, 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, Nebraska,'
to wit:
Lots One (1) and Two (2), Regency By The Green Subdivision, An Addition to
the City of Grand Island, Hall County, Nebraska,
be, and the same is, hereby rezoned and reclassified and changed to RD - Residential
Development Zone classification.
SECTION 2. That the official zoning map of the City of Grand Island be, and the
same is, hereby ordered to be changed, amended, and completed in accordance with this
ordinance.
SECTION 3. That the finding and recommendation of the Regional Planning Commission
and the City Council of the City of Grand Island is 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 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
Independ€'l'lt.
Enacted
August 6, 1979 .
(;1l.H~"
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ORDINANCE NO. 6472
An ordinance rezoning a certain area beyond the corporate boundaries of the City of
Grand Island, Nebraska, but within the zoning jurisdiction; changing the classification of
such tract; directing that such zoning changes and classifications be shown on the official
zoning map of the City of Grand Island; amending the provisions of Section 36-7 of the Grand
Island City Code to conform to such reclassification; repealing conflicting ordinances; and
providing the effective date of this ordinance.
WHEREAS, the Regional Planning Commission on July 11, 1979, 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. 30 and Northwest High School in Hall County,
Nebraska; and
WHEREAS, after public hearing on July 23, 1979, 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:
ECTION 1. That the following described tract of land in Hall County, Nebraska, to wit:
A tract of land comprising part of the Northwest Quarter (NVlt,) of Section
One (1), Township Eleven (11) North, Range Ten (10) West of the 6th P.M.,
Hall County, Nebraska, and more particularly described-as follows:
Beginning at the Southeast corner of said Northwest Quarter (NW~)
of Section One (1), Township Eleven (11) North, Range Ten (10) West of
the 6th p.m.; thence running westerly along the South line of said North-
west Quarter (NWt,) a distance of 909.82 feet; thence running northerly
parallel to the East line of said NorthHest Quarter (NWt) a distance of
657.46 feet to the southerly line of the right-of-way of State Highway No.
2; thence running southeasterly along said southerly right-of-Hay line to
the East line of said Northwest Quarter (NH;,;); thence running southerly
along the East line of said Northwest Quarter (NWt,) to the point of
beginning,
be rezoned and reclassified and changed to B2 - General Business 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.
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 aiter its
passage and publication within fifteen days in one issue of the Grand Island Daily
Independent.
Enacted
August 6, 1979
ATTEST:
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ORDINANCE NO. 6473
An ordinance pertaining to zoning in the City of Grand Island, Nebraska; changing
the classification from M2 - Heavy Manufacturing Zone, to R4 - High Density Residential
Zone, of certain lots in Union Pacific Railroad 2nd Addition to the City; directing that
such change and reclassification be shown on the official zoning map of the City of Grand
Island, Nebraska; and amending the provisions of Section 36-7 to conform to such reclassi-
fication.
WHEREAS, the Regional Planning Commission on July 11, 1979, 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 July 23, 1979, 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,
Nebraska, to wit:
Lots Two (2), Three (3), and Four (4), Block One Hundred Thirty-two (132),
Union Pacific Railroad 2nd Addition to the City of Grand Island, Hall
County, Nebraska,
be, and the same is, hereby rezoned and reclassified and changed to R4 - High Density Resid-
ential Zone classification.
SECTION 2. That the offi.cial zoning map of the City of Grand Island be, and the same
is, hereby ordered to be changed, amended, and completed in accordance with this ordinance.
SECTION 3. That the finding and recommendation of the Regional Planning Commission
and the City Council of the City of Grand Island is 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 area as herein ordered and determined.
SECTION 5. That this ordinance shall be in force and take effect from and after its
passage and publicati.on within fifteen days in one issue of the Grand Island Daily
Independent.
Enac t"ed Augus t 6, 1979
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ORDINANCE NO. 6474
An ordinance pertaining to zoning in the City of Grand Island, Nebraska; changing
the classification from R2 - Low Density Residential Zone, to R4 - High Density Residential
Zone, for Mary Moppet Subdivision in the City of Grand Island; directing that such change
and reclassification be shown on the official zoning map of the City of Grand Island,
Nebraska; amending the provisions of Section 36-7 to conform to such reclassification;
and providing the effective date hereof.
WHEREAS, the Regional Planning Commission on July 11, 1979, 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 July 23, 1979, 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,
Nebraska, to wit:
Lots One (1) and Two (2), Mary Moppet Subdivision in the
City of Grand Island, Hall County, Nebraska,
be, and the same is, hereby rezoned and reclassified and changed to R4 - High Density
.Residential Zone classification.
SECTION 2. That the official zoning map of the City of Grand Island be, and the
same is, hereby ordered to be changed, amended, and completed in accordance with this
ordinance.
SECTION 3. That the finding and recommendation of the Regional Planning Con~ission
and the City Council of the City of Grand Island is 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 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.
Enacted
August 6, 1979
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ORDINANCE NO. 6475
An ordinance pertaining to zoning in the City of Grand Island, Nebraska; changing the
classification from M2 - Heavy Manufacturing Zone, to B2 - General Business Zone, of Block 23
in Nagy's Addition to the City; directing that such change and reclassification be Sh0W11 on
the official zoning map of the City of Grand Island, Nebraska; and amending the provisions
of Section 36-7 to conform to such reclassification.
WHEREAS, the Regional Planning Commission on August 1, 1979, 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 6, 1979, 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, Nebraska,
to wit:
Block Twenty-three (23), Nagy's Addition to the City of
Grand Island, Hall County, Nebraska,
be, and the same is, hereby rezoned and reclassified and changed to B2 - General Business
Zone classification.
SECTION 2. That the official zoning map of the City of Grand Island be, and the same
is, hereby ordered to be changed, amended, and completed in accordance with this ordinance.
SECTION 3. That the finding and recommendation of the Regional Planning Commission
and the City Council of the City of Grand Island is 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 area as herein ordered and determined.
SECTION 5. That this ordinance shall be in force and take effect from and after its
passage, approval, and publication within fifteen days in one issue of the Grand Island
Daily Independent.
Enacted
20 August 1979
ATTEST:
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City C erk
Mayor
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LEGAL DEPARTMEt
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ORDINANCE NO. 6476
An ordinance to amend Chapter 29 of the Grand Island City Code pertaining to sewer
use; to repeal Sections 29-1 through 29-43 of the Grand Island City Code as heretofore
existing; to enact Articles I through II; to renumber Article IV of Chapter 29; to provide
for severability; 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 Articles I through XX of Chapter 29 of the Grand Island City Code
be amended to read as follows:
CHAPTER 29
SEWERS AND SEWAGE DISPOSAL
Article I
Definitions
Sec. 29-1. The definitions of certain words and phrases used in this chapter shall
be as follows:
1. "Act" shall mean the Clean Water Act of 1977 (PL 95-217), and any amendments
thereto; as well as any guidelines, limitations, and standards promulgated by EPA,
pursuant to the Act.
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2. "BOD" (biochemical oxygen demand) shall mean the quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard laboratory precedure in
five days at 200C, expressed in milligrams per liter by weight. BOD shall be determined
by standard methods as hereinafter defined.
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3. "Building Se\ver" shall mean that part of the lowest horizontal piping of a
drainage system which receives the discharge from soil, waste and other drainage pipes
inside the walls of a building and conveys it to the lateral sewer. The building
sewer shall extend two feet outside the building wall.
4. "City" shall mean the City of Grand Island, Nebraska.
5. "Compatible Wastes" shall mean wastes containing pollutants for which the
water pollution control plant was basically designed to treat and which are identified
in the NPDES permit that is applicable to this treatment plant.
6. "Composite" shall mean the makeup of a number of individual samples, so taken
as to represent the nature of wastewater or industrial wastes.
7. "Constituents" shall mean the combination of particles, chemicals, or
conditions which exist in industrial wastes.
8. "Cooling Water" shall mean the cleaned wastewaters discharged from any system
of heat transfer such as condensation, air conditioning, cooling, or refrigeration.
9. "Department" shall mean the City I S Department of Public Works.
10. "Director" shall mean the Director of the Department of Public Works or his
authorized representatives.
11. "EPA" shall mean the United States Environmental Protection Agency.
12. "ICR" shall mean industrial cost recovery.
13. "Industrial Plant" shall mean any fac'i1ity which discharges industrial wastes
as defined in this ordinance.
14.
"Industrial User" shall mean
(a) any nongovernmental, nonresidential user of the City's rreatment
works which discharges more than the equivalent of 25,000 gallons per day
of sanitary waste, or a volume of process waste, or combined process and
sanitary waste, equivalent to 25,000 gallons per day of sanitary waste and
which is identified in the Standard Industrial Classification Manual under
Divisions A, B, D, E, and I; or
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ORDINANCE NO. 6476
(Cont'd)
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(b) any nongovernmental user of the City's treatment works which
discharges wastewater to the treatment works which contains toxic pollutants
or poisonous solids, liquids, or gases in sufficient quantity either singly
or by interaction with other wastes, to injure or interfere with any sewage
treatment process, constitute a hazard to humans or animals, create a public
nuisance, or create any hazard in or have an adverse effect on the waters
receiving any discharge from the treatment works.
15. "Industrial Hastes" shall mean the liquid wastes resulting from the processes
employed in industrial, manufacturing, trade or business establishments, as distinct
from domestic wastes.
16. "Lateral Sewer" shall mean the sanitary sewer that extends from the building
sewer to the public sanitary sewer system.
17. "Major Contributing Industry" shall mean an industrial user that:
(a) has a flow of 50,000 gallons or more per average work days; or
(b) has a waste strength greater than 5 percent of the plat design
capacity; or
(c) has in its waste a toxic pollutant in toxic amounts; or
(d) is found to have significant impact, either singly or in combination
with other contributing industries, on the water pollution control plant, or
upon the quality of the plant effluent.
18. "mg/l" shall mean milligrams per liter.
19. "Natural Outlet" shall mean any natural outlet extending to a watercourse,
pond, or other body of surface or groundwater.
20. "Normal Strength Hastewater" shall mean wastewater with pollutant strength
values not exceeding the following:
Biochemical Oxygen Demand ----------------------- 300 mg/l
Suspended Solids -------------------------------- 300 mg/l
Biodegradable Oils and Grease ------------------- 100 mg/l
Where the nature of the wastewater does not permit BOD determination. COD shall be
substituted according to the relation BOD = (K) (COD), where "K" is a cons-tant to be
determined by the Department.
21. "NPDES Permit" shall mean the National Pollutant Discharge Elimination System
Permit as established by the Act. All municipalities. industries and commercial enter-
prises that discharge to surface watercourses are required to have NPDES permits approved
by EPA and in Nebraska by the Department of Environmental Control.
22. "Owner" shall have the same meaning as "Person". See Item 24 below.
23. "Planning Area" sf.all mean the Grand Island planning area as adopted by the
Regional Planning Commission.
24. "Person" or "Owner" shall mean any individual, firm, company. association.
developer, corporation, or group.
25. "pH" shall mean the logarithm of the reciprocal of the concentration of
hydrogen ions in grams per liter of solution.
26. "Pollution" shall mean the placing of any noxious or deleterious substance
in any waters of the City in quantities which are or may be potentially harmful or
injurious to human health or welfare, animal or aquatic life, or property, or unreasonably
interfere with the enjoyment of life or property, including outdoor recreation.
27. "Pretreatment" shall mean the application of physical, chemical and biological
processes to reduce the amount of pollutants in or alter the nature of the pollutant
properties in a wastewater prior to discharge into a sanitary sewer.
28. "Public Sewer" shall mean the sanitary and/or storm sewers owned by the people
of Grand Island and controlled and maintained by the Department of Public Horks.
29. "Residential Strength Wastewater" shall mean wastewater with pollutant
strength values which average 300 mg/l of BOD and 300 mg/l of SS.
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Ordinance No. 6476
(Cont'd)
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30. "Sanitary Sewer" shall mean a sewer which carries sanitary '"astewater and
industrial wastes and to which storm, surface, and groundwaters are not intentionally
admitted.
31. "Sanitary Sewerage System" shall mean all facilities for collecting, pumping,
and transporting wastewater to the water pollution control plant.
32. "Sanitary Wastes or Wastewater" shall mean the water-carried wastes discharged
from building sewers by reason of human occupancy.
33. "Shall" is mandatory; "May" is permissive.
34. "Standard Methods" shall mean those procedures or methods established by the
latest edition of the "Standard Methods for the Examination of Hater and Hastewater,"
as prepared, approved, and published jointly by the American Public Health Association
and the American Water Works Association.
35. "Storm Sewer" or "Storm Drain" shall mean a sewer which carries storm waters,
surface runoff, street wash waters and drainage, but which excludes sanitary waste-
water and industrial wastes, other than unpolluted cooling water.
36. "Suspended Solids" (SS) shall mean solids that either float on the surface of,
or are in suspension in water, wastewater, or other liquids, and which are removable
by laboratory filtering, expressed in milligrams per liter (mg/l).
37. "Toxic" shall mean constituents of vlastes which adversely affect the organ-
isms involved in wastewater treatment.
38. "Unpolluted Water or Drainage"shall mean water to which no pollutants have
been added, either intentionally or accidentally.
39. "Water Pol.lution Control Plant" shall mean the wastewater treatment facility
owned and operated by the City for the benefit of all persons located within the City's
planning area.
40. "\Vatercourse" shall mean a channel in which a flo,,, of water occurs, either
continuously or intermittently.
41. "Wastewater" shall mean the liquid and water-carried domestic or industrial
wastes from dwellings, comnlercial buildin~s, industrial facilities, and institutions,
together .",ith any groundwater, surface water, and storm water that may be present, whether
treated or untr8ated, which is discharged into or permitted to enter the City's treat-
ment works.
42. "Wastewater Treatment Works" shall mean the sanitary sewers, pumping, and
other equipment and their appurtenances, and other facilities which are an integral part
of the wastewater collection and treatment processes and treatment residue disposal
system.
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ORDINANCE NO.
6476
(Cont'd)
Article II
City Control of Sewers and Wastewater Treatment Facilities
Sec. 29-2.01.
ESTABLISHMENT OF SEWER AND DRAINAGE DISTRICTS
The City may by ordinance divide the area within the planning area into suitable
districts for the purpose of establishing sewer and drainage systems.
Sec. 29-2.02. LEVY OF SPECIAL TAXES OR ASSESSMENTS
The City may by ordinance levy special taxes or assessments for the purpose of con-
structing or extending public sewers. The City may provide for the payment of the con-
struction costs by annual installments for the number of years stated in the ordinances.
The taxes or assessments levied upon the real estate located within the sewer district in
which the sewers are to be constructed shall be to the extent such property is benefited.
Sec. 29-2.03. SEWER DISTRICT BONDS
The City may by ordinance issue bonds designated as "District Sewer Bonds of
District No. . . . . ". The City may establish the bond repayment period and interest rates
and levy an assessment against the property owners within the district to provide funds
for the annual repayment of the bonds and interest. In the event the levy assessment shall
be insufficient to pay the bond and interest payments for any cause, the City shall make a
relevy to pay such deficiency.
Sec. 29-2.04. CONTROL AND SUPERVISION OF SEWERS AND DRAINAGE SYSTEMS
The Director shall control and supervise the construction, repair and maintenance of
all sewers and drainage systems in the planning area, whether the sewers are publicly or
privately owned.
The Director shall have the power to compel proper connections be made to the public
sewers; and provide penalties for the obstruction or improper use of the sewers and for
failure to comply with this chapter.
Connections made to sanitary sewers shall be subject to any applicable charges, rates,
fees, and assessments which are, or may be, established by the City. Connections to the
public sewers shall be made under permits issued by the Director.
Sec. 29-2.05. WATER POLLUTION CONTROL PLANT
The City may continue operating the existing water pollution control plant and may
enlarge or expand the plant from time to time. The City may also construct other similar
plants and employ other methods of treating wastewater sufficiently to comply with all
applicable federal and state regulations.
ARTICLE III
CONSTRUCTION OF SEWERS BY OTHER PERSONS
Sec. 29-3.01. SEWERS TO MEET DEPARTMENT STANDARDS
The design and construction of all sanitary sewers connected, either directly or
indirectl.y, to the existing sanitary sewer system shall meet all standards and specifications
established by the Department.
Sec. 29-3.02. PLANS SIGNED BY ENGINEER
All sewer construction plans shall bear the signature and seal of the registered
professional engineer who has prepared them.
Sec. 29-3.03. COST TO REVIEW PLANS
The Department may charge to review plans submitted by persons proposing to construct
sewers in the planning area. The charge shall be at a rate per hour established and published
from time to time by the Department.
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ORDINANCE NO. 6476
(Cont'o)
Sec. 29-3.04. PLANS SUBMITTED TO STATE
Plans requiring the approval of the State Department of Environmental Control will be
submitted to them by the Director following his approval of the plans.
Sec. 29-3.05. CONSTRUCTION PERMIT
The property owner, his agent or contractor, shall obtain a construction permit from
the Director after the engineering reports, plans and specifications have been approved by
the Director, and before any sewer construction work has started.
Sec. 29-3.06. WORKMANSHIP AND MATERIALS
All workmanship and materials shall comply fully with the requirements of the approved
plans and specifications. If at any time within one year after the date of the final
inspection any defect should appear, which in the opinion of the Director is due to inferior
materials or workmanship, the contractor shall do whatever is necessary to remedy the defects
at no cost to the City. The Department will notify the contractor in writing of the defects
and repairs to be made. If the contractor fails to begin repairs within ten days, the
Department may cause the defects to be remedied and charge the cost and expense involved to
the contractor or his surety. The contractor's surety shall not be relieved until the
defects or repairs are corrected and approved and a written release is furnished the surety
by the Department.
Sec. 29-3.07. SEWER INSPECTION AND APPROVAL
The Director shall investigate and approve or reject the laying of all sewers and
drains. The Director shall have the right to enter property containing sewers or drains
at all reasonable hours for inspection and investigation purposes.
Sec. 29-3.08. CERTIFICATE OF INSPECTION
No architect, owner, agent, or contractor shall accept any sewer laying or drain laying
of any description prior to the issuance of a certificate of inspection and approval by the
Director.
Sec. 29-3.09. CONFOF~ING PLANS
Before sewers which are constructed by others and connected to the City's sanitary
sewerage system will be accepted, plans that conform to construction records must be
presented to the Department. Data shown on the plans shall be as specified by the Department.
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ORDINANCE NO. 6476
(Cont'd)
Article IV
Sec. 29-4.01.
LATERAL SEWERS
OWNER RESPONSIBILITIES
All costs and expense associated with the installation and connection of lateral
sewers shall be borne by the owner. The owner shall indemnify the City from any loss or
damage that may directly or indirectly result from installing lateral sewers.
Sec. 29-4.02. LATERAL SEWER TO SERVE EACH BUILDING
A separate and independent lateral sewer shall be provided for every building.
Sec. 29-4.03. PROHIBITED CONNECTIONS
No person shall connect interior or exterior roof do~mspouts, interior or exterior
foundation drains, areaway drains, or other sources of surface runoff or ground water to
a lateral sewer or a building drain which in turn is connected directly or indirectly to
a public sanitary sewer.
Any cross-connection between a potable water supply and a sanitary sewer shall be
prohibited.
Sec. 29-4.04. CONNECTION REGULATIONS
The connection of any lateral sewer into the public sanitary sewer system shall conform
to the requirements of the building and plumbing codes or other applicable rules and
regulations of the City. All such connections shall be made gas tight and water tight. Any
deviation from the prescribed procedures and materials must be approved by the Director
before installation.
Sec. 29-4.05. CONSTRUCTION REGULATIONS
The kind and size of materials, slope and alignment of a lateral sewer, and the methods
used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall
all conform to the requirements of the building and plumbing codes or other applicable rules
and regulations of the City.
Sec. 29-4.06. SEWER ELEVATION
The lateral sewer shall be brought to the building at any elevation below the basement
floor when possible. If any building sewer is too low to permit gravity flow to the public
sewer, then the sanitary wastewater carried by such building sewer shall be lifted by an
approved means and discharged to the lateral sewer.
Sec. 29-4.07. ON-SITE REQUIREMENTS
All excavations for lateral sewer installation shall be adequately guarded with
barricades and lights to protect the public from hazard. Streets, sidevlalks, parkways, and
other public property disturbed in the course of the work, shall be restored in a manner
satisfactory to the Director.
Sec. 29-4.08. CLEANING LATERAL SEWERS - LICENSE NOT REQUIRED
It shall be lawful for any person to clean his own lateral sewer without obtaining a
license from the City.
Sec. 29-4.09. CLEANING LATERAL SEWERS - WHEN CLEANOUT IS AVAILABLE
If a lateral sewer can be cleaned through a cleanout provided for that purpose, no
permit from the building inspector shall be required.
Sec. 29-4.10. CLEANING LATERAL SEWERS - WHEN A PERMIT I~ REQUIRED
If any lateral sewer cannot be cleaned through a cleanout and it beCOITleS necessary to
break into a lateral sewer, then the person performing the work shall apply to the chief
building inspector for a permit to do such work. The application shall be made on a form
provided by the City for that purpose and the fee current at that time shall be charged
for the permit.
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ORDINANCE NO. 6476
(Cont'd)
Sec. 29-4.11. CLEANING LATERAL SEWERS - WHEN BOND IS REQUIRED
Except as provided in Sections 29-4.09 and 29-4.10, no person shall clean lateral
sewers or engage in the business of cleaning lateral sewers without first delivering to the
City Clerk a bond, with sureties to be approved by the Director, in the sum of ten thousand
dollars. The bond shall set forth conditions specified by the Director to indemnify the
City from all liability, claims, damages, judgments, costs, and expenses of every nature
associated with the business of cleaning lateral sewers.
Sec. 29-4.12. CLEANING LATERAL SEWERS - LIABILITY INSURANCE
The provisions of Section 29-4.11 may be satisfied by a person cleaning lateral sewers
or engaged in the business of cleaning lateral sewers by depositing with the City Clerk an
insurance policy providing public liability and property damage insurance to the City and
the general public in the amount of ten thousand dollars, executed by an insurance cOInpany
authorized to do business in the state. A City standard "public liability and property
damage endorsement" shall be attached to and become a part of each liability insurance policy.
A copy of the City's standard endorsement is on file in the City Clerk's office.
Sec. 29-4.13. CLEANING LATERAL SEWERS - BY A LICENSED PLUMBER
Any person cleaning lateral sewers who is licensed and bonded as a plumber in the City
shall not be required to furnish the bond or liability insurance provided for in
Sections 29-4.11 and 29-Lf.12, but he shall observe all other provisions set forth in this
ordinance.
Sec. 29-4.14. CLEANING LATERAL SEWERS - INSPECTION AND APPROVAL
When it becomes necessary to break into a lateral sewer, it shall not be covered until
the chief building inspector has inspected and approved the repaired sewer.
Within eight working hours after notice by the contractor of completion of an
installation, the building inspector shall inspect, or cause to be inspected, installations
for which permits have been issued under this Article and the inspector shall indicate in
writing that the work has been approved or disapproved.
Sec. 29-4.15. OUTSIDE CLEANOUTS ON EXISTING SEWERS
Outside surface cleanouts of a type approved by the Director may be installed in
lateral sewers outside of a building when the application to break into a lateral sewer so
indicates. .
Sec. 29-4.16. EFFECT OF CONVICTION UNDER THIS ARTICLE
Any person convicted under this Article shall not be issued further permits pursuant to
this Article for a period of one year from the conviction date.
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ORDINANCE NO. 6476
(Cont'd)
Article V
CONNECTING TO EXISTING PUBLIC SEWERS
Sec. 29-5.01.
SEWER CONNECTIONS BY LICENSED PLUMBERS - VITH EXCEPTIONS
Except as otherwise provided by Sections 29-4.08 through 29-4.16, no person shall
make any opening in, addition to, alterations of, connections with, or tap any public sewer
or associated appurtenances unless they are a licensed plumber and have complied with all
the conditions and requirements of the City, including the filing with the City Clerk of
a surety bond, approved by the Director, in the sum of one thousand five hundred dollars.
Sec. 29-5.02. PERMIT REQUIRED
Before connecting with, tapping, modifying, altering or repa~r~ng any public sewer
in the City a plumber shall first obtain a written permit from the Director. The permit shall
be posted upon the premises at all times during the progress of the work.
Sec. 29-5.03. APPLICATIONS FOR PERMITS
Applications for permits to connect, tap, construct, modify or make attachments to
public sewers shall be made to the Director upon forms provided by the City. Such appli-
cations shall be accompanied by a fee, in the amount as may be established from time to time,
to cover the cost of inspection, recording and other expenses. The application shall show
the exact location of the proposed work and, when requested by the Director, the plumber shall
provide plans or specifications of the proposed work. When required, an application shall
be on file with the Director twenty-four hours before the issuance of a permit.
Sec. 29-5.04. CONNECTIONS WHEN PROPERTY HAS NOT BEEN ASSESSED
No person shall connect with or tap any sanitary or storm sewer in the City when the
property to be served has not been assessed for lateral services. In this event, no plumber
or other person shall make any connection with or tap any sewer, nor shall the Director grant
a connection permit until the owner of the property to be served or the person desiring such
connection first makes formal application to the Director for permission to tap or connect
with the public sewers, and complies with the conditions and requirements of the City which
may include the payment of an equitable amount for lateral service. The Director reserves
the right to refuse to grant a permit to any person who shall desire to connect with the
public sewers, where the property to be served has not been assessed for lateral service, or,
if assessed, has not made such payment for any reason whatever.
Sec. 29-5.05. EXCAVATIONS IN STREETS
Excavations in streets and alleys for the purpose of constructing, repa~rlng, altering
or tapping sewers shall be made in a manner that will impede travel as little as possible.
The Director may determine and limit the time such excavations remain open and when unnecess-
arily delayed, he may direct the number of workmen be increased. Warning lights shall be
maintained at all unfinished work, from dark to daylight. After the work has been completed,
the streets or alleys shall be repaired to the satisfaction of the Director. Within one
year of the excavation, the Director may require the excavation to be refilled if settling
has occurred.
Sec. 29-5.06. SEWER TRENCHES
Sewer trenches more than six feet deep and all other trenches, when required by the
Director, shall be properly braced.
Sec. 29-5.07. EXPOSURE OF SEWER PIPE TO FROST
No person shall dig UD or uncover any public sewer so as to expose it to frost, except
under the direction of the Director.
Sec. 29-5.08. 11ATERIALS AND CONSTRUCTION PROCEDURES
All connections with the public sewers must be made with the kind and size of materials
approved by the Director. When a connection is made to a public sewer a saddle shall be used
and the connection shall.be made under the supervision of the Director.
Sec. 29-5.09. DISCONNECTION OF DRAINS
The Director shall have the right to disconnect any drain from the public sewers which
is found to be used contrary to the provisions of this Article.
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ORDINANCE NO. 6476 (Cont'd)
Sec. 29-5.10. REVOCATION OF PLUMBER'S LICENSE
The City Council may at any time revoke the license of any plumber found guilty of
violating this Article or refusing to cooperate with the Director in performing his duties.
Sec. 29-5.11. VIOLATIONS OF THIS ARTICLE
Any owner, architect, agent, plumber, contractor, or other persons failing, neglecting,
omitting, resisting, or refusing to comply with any of the rules or regulations of this
Article shall be deemed guilty of a misdemeanor.
Article VI
INDIVIDUAL PRIVATE WASTEWATER DISPOSAL
AND DISPOSAL OF SEPTIC TANK WASTE
Sec. 29-6.01. OUTSIDE WATER CLOSETS
The construction of outside water closets, known as the "frost-proof" type, shall be
prohibited.
Sec. 29-6.02. PRIVIES PROHIBITED IN DWELLINGS
It shall be unlawful for any person to permit any privy or privy pit to be connected
with, or to remain connected with, or contained in any dwelling, house, or building within
the City.
Sec. 29-6.03. PRIVATE DISPOSAL SYSTEM
Where a public sanitary sewer is not available to a building, the lateral sewer shall
be connected to an individual private wastewater disposal system complying with appropriate
rules and regulations in this ordinance.
The owner shall, at his own expense, operate and lnaintain his private wastewater
disposal facility to the satisfaction of the Director.
Sec. 29-6.04. UNLAWFUL CONNECTION TO PUBLIC SEWERS
It shall be unlawful for any private residential wastewater disposal facility to be
connected to any public sewer.
Sec. 29-6.05. DISPOSAL OF SEPTIC TANK WASTE
No person shall discharge septic tank waste into any watercourse or storm sewer. This
type waste may be discharged into the City's wastewater treatment works only at those loca-
tions and in a manner designated by the Director.
Sec. 29-6.06. PERMITS FOR DISCHARGE OF SEPTIC TANK WASTES
Permits for discharge of septic tank waste shall be required. The permits may be
obtained by filling out an application form furnished by the Director. A separate permit
shall be obtained for each tank vehicle upon payment of an annual fee in an amount as
established by the Director from time to time. These permits shall be displayed at all
times on the vehicles for which the permit was purchased. Permits must be renewed annually
on or before the first regular business day of each year. The capacity in gallons of each
tank vehicle shall be clearly marked on the side of the tank.
Sec. 29-6.07. DISCHARGE FEE
Any person discharging septic tank waste into the wastewater treatment works shall
pay the Department at a rate per one hundred gallons of tank capacity (or fraction thereof)
as a wastewater disposal charge, the rate to be established by the City Council.
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ORDINANCE NO. 6476
(CQnt'd)
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Article VII
PROHIBITED DISCHARGES
Sec. 29-7.01. STORM WATER AND UNPOLLUTED DRAINAGE
Storm water and all other unpolluted drainage shall be discharged into sewers specifi-
cally designed and designated as storm sewers or to a natural outlet.
No person shall discharge or cause to be discharged, either directly or indirectly,
to the sanitary sewer system any surface water, ground water, roof runoff, subsoil or sub-
surface drainage, cooling water, or unpolluted industrial process water. Any such connections
made either before or after the effective date of these rules and regulations shall be con-
sidered illegal and shall be subject to immediate removal by the owner and at the owner's
expense.
Should the owner of an illegal connection fail to remove it within ninety days after
being notified by the Director to do so, the Director may cause the connection to be
removed and the cost billed to the owner of the property served by the illegal connection.
Sec. 29-7.02. SANITARY AND OTHER POLLUTED WATERS
No person shall discharge or cause to be discharged to any natural outlet or storm
sewer any sanitary wastewater or other polluted waters. Effluent from privately-owned
individual household disposal devices shall not be discharged to storm sewers.
Sec. 29-7.03. OTHER PROHIBITED DISCHARGES
No person shall discharge, or cause to be discharged to any sanitary sewer, any of the
following described substances, water, or wastes:
1. Any liquid or vapor having a temperature higher than 650C (1500F).
2. Any water or wastes containing more than 100 mg/l, by weight, of oil or
grease of animal and vegetable origin. Wastes containing oil or grease of
petroleum origin shall be prohibited.
3. Any gasoline, benzine, naptha, fuel oil, mineral spirits, commercial
solvent, motor oil, or other flammable or explosive liquid, or any
other petroleum derivative.
4. Any water or wastes containing dissolved gases (such as hydrogen sulfide,
sulphur dioxide, nitrogen oxides, and ammonia) in concentrations sufficient
to cause poisonous or toxic fumes or wastewater, or a malodorous or harmful
condition.
5. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers,
tar, plastics, wood, asphaltic materials, cement or concrete, paunch manure,
hair and fleshings, entrails, lime slurry, lime residues, beer or distillery
spent grains, chemical residues, paint residues, cannery waste bulk solids,
or any other solid or viscous substances, in amounts capable of causing
obstructions to flow in sewers or interference with the proper operation
of the wastewater treatment works.
6. Any waters or wastes having a pH lower than 5 or higher than 9 at any time,
or having any other corrosive property capable of causing damage or being a
hazard to structures, equipment and personnel of the wastewater treatment
works.
7. Any waters or wastes containing pollutants in the form of compounds or
elements, in solution or suspension, in concentrations exceeding the
following:
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ORDINANCE NO, 6476
(Cont'd)
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Maximum
Concentration
in mg/l
Maximum
Concentration
in mg/l
Arsenic (As)
Barium (Ba)
Cadmium (Cd)
Chromium (Cr) (Total)
Copper (Cu)
Cyanides (Cn)
Lead (Pb)
0.05
1.0
0.10
3.0
1.0
2.0
0.1
Manganese (Mn)
Mercury (Hg)
Nickel (Ni)
Selenium (Se)
Sil ver (Ag)
1.0
0.005
1.0
0.03
0.10
The maximum concentrations shown for the above metals may be used as a guide in
design and plant control, but may be altered by the Director in the event of
accumulative overload on the water pollution control plant.
8. Any waters or wastes containing heavy metals and toxic materials in con-
centrations prohibited by state or federal regulations, including but not limited to:
Antimony
Beryllium
Bismuth
Boron
Cobalt
Molybdenum
Uranyl ion
Rhenium
Strontium
Tellurium
Fungicides
Herbicides
Pesticides
unless the permit required for discharge of industrial wastes specifies
conditions of pretreatment, concentrations, and volumes.
9. Any noxious or malodorous gas or substance, capable of creating a public
nuisance or hazard to life or preventing entry into sewers for their inspection,
maintenance and repair.
10. Any waters containing quantities of radium, naturally occurring, or artifi-
cially produced radioisotopes in excess of presently existing or subsequently
accepted limits for drinking water as established by the national committee on
radiation protection and measuring. .
11. Any concentrated dye wastes, spent tanning solutions, or other wastes which
are highly colored, or wastes which are of unusual vo~ume, conctration of solids,
or composition that may create obstruction to the flow in sewers or interference
with the wastewater treatment processes without proper pretreatment and written
approval of the Director.
12. Waters or wastes containing substances which are not amendable to treatment
or reduction by the wastewater treatment processes employed, or are amendable to
treatment only to the degree that the wastewater treatment plant effluent cannot
meet the requirements of the NPDES permit.
13. Any water or wastes containing more than 2,000 mg/l total solids.
14. Wastes at a flow rate and/or pollutant discharge rate which is excessive
over short periods of time so that there is a treatment process overload and
subsequent loss of treatment efficiency.
Sec. 29-7.04. DILUTION
The admission into the public sewers of any waters or wastes in volumes, or with
constitutents, such that existing dilution conditions in the sewers or at the treatment
plant would be adversely affected, shall be subject to review and approval of the Director.
Where necessary, in the opinion of the Director, pretreatment or equalizing units may be
required to bring constitutents or volume of flow within an acceptable level, and to hold or
equalize flows so that no peak flow conditions may hamper the operation of any unit of the
sewer. system. The equalization or holding unit shall have a capacity suitable to serve its
intended purpose, and be €quipped with acceptable outlet control facilities to provide
flexibility in operation and accommodate changing conditions in the waste flow.
Sec. 29-7.05. DELETERIOUS DISCHARGES
.
If any waters or wastes are discharged, or are proposed to be discharged, to the public
sewers, which contain substances or possess the characteristics enumerated in the preceding
sections of this article, and which in the judgment of the Director, and/or the local, state,
and federal agencies having jurisdiction, may have a deleterious effect upon the wastewater
treatment processes, equipment, or receiving waters, or which otherwise create a hazard to
life or constitute a public nuisance, the Director may:
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ORDINANCE NO. 6476
(Cont'd)
1. Reject the wastes;
2. Require pretreatment to an acceptable condition for discharge to the public
sewers;
3. Require control over the quantities and. rates of discharge;
4. Require payment to cover the added cost of handling and treating the
wastes not covered by existing taxes or sewer user charges.
In forming his opinion as to the acceptability of wastes, the Director will give consid-
eration to such factors as the quantities of subject wastes in relation to flows and
velocities in the sewers, materials of construction of the sewers, nature of the sewage
treatment process, capacity of the sewage treatment plant, degree of treatability of wastes
in the sewage treatment plant, and other pertinent factors. Any waters or wastes having a
BOD concentration greater than 300 mg!l or a 5S concentration greater than 300 mg!l or an
average daily flow greater than 5 percent of the average total sewage flow of the City shall
be subject to the review of the Director.
If the Director permits the pretreatment or equalization of waste flows, the design and
installation of the plants and equipment shall be subject to the review and approval of the
Director, and the local, state, and federal agencies having jurisdiction and subject to the
requirements of all applicable codes, resolutions, and laws. See Section 29-8.04.
In the event of an accidental spill or unavoidable loss to the drains of any deleterious
materials, the owner shall promptly notify the Director of the nature of the spill, the
quantity, and time of occurrence.
Sec. 29-7.06. WASTES FROM GARBAGE GRINDERS
No person shall install and operate any garbage grinder equipped with a motor of
three-fourths horsepower. (0.76 hp metric) or greater in size.
No business establishment shall install any garbage grinder or replace an existing garbage
grinder after the effective date of this ordinance.
All garbage grinders shall shred the waste to a degree that all particles will be carried
freely under normal flow conditions prevailing in the public sewer. Garbage grinders shall
not be used for grinding plastic, paper products, inert materials, or garden refuse.
Sec. 29-7.07. GREASE, OIL AND SAND TRAPS
Grease (animal), oil, and sand interceptors, or traps, shall be provided by the 0W11er
when, in the opinion of the Director, they are necessary for the proper handling of liquid
wastes containing grease in excessive amounts, sand, or other harmful ingredients; except
that interceptors shall not be required for private living quarters or dwelling units. All
interceptors shall be of a type and capacity approved by the Director and shall be so located
as to be readily and easily accessible for cleaning and inspection.
Sec. 29-7.08. OPENING OR ENTERING MANHOLES; DIRECT DISCHARGE - EXCEPTION
Opening or entering manholes for any purpose whatever is strictly prohibited, except by
persons duly authorized to do so.
No person shall discharge any substance directly into a manhole or other opening in the
public sewers other than through an approved building sewer, unless upon written application
to the Director and payment of the applicable user charges and fees, and the Director issues
a permit for such direct discharges.
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ORDINANCE NO. 6476
(Cont'd)
.
Article VIII
INDUSTRIAL WASTES AND DISCHARGE PERMITS
Sec. 29-8.01.
~~JOR CONTRIBUTING INDUSTRIES
All major contributing industries proposing to directly or indirectly connect to or
discharge wastes into the sanitary sewers shall obtain a discharge permit before connecting
to or discharging into these sewers.
Sec. 29-8.02. INDUSTRIAL WASTES EXCEEDING NORMAL STRENGTH WASTEWATER
Persons proposing to or who actually discharge industrial wastes which contain none
of the prohibited ingredients or characteristics set forth in Article VII of this ordinance,
other than excessive concentrations of BOD, suspended solids, or fats, oil, and/or grease
shall be required to pretreat their wastes to meet the requirements of "Normal Strength
Wastewater" with the exception that wastes may be accepted for treatment if all the following
requirements are met:
1. The wastes will not cause damage to the sanitary sewer system;
2. The wastes will not impair the wastewater treatment process;
3. The discharger of the waste agrees to pay a surcharge over and above the published
sewer rates \vhen the waste strength exceeds that of "Normal Strength Wastewater".
See Article IX.
Sec. 29-8.03. EFFECTIVE DATE
All persons whose plants, buildings, or facilities are connected to the sanitary sewer
system at the effective date of this ordinance who have not previously obtained a discharge
permit, and who are subject to the provisions of this article, shall have ninety calendar
days after this ordinance becomes effective to make application for and obtain a discharge
permit .
Sec. 29-8.04. PRETREATMENT REQUIREMENTS
When the Director determines that any industrial waste will be harmful to the structures,
treatment processes or operation of the wastewater treatment works, or detrimental to the
water pollution control plant effluent, the person discharging the waste shall provide, at
his own expense, preliminary treatment or processing facilities as may be determined by the
Director as necessary to make the waste acceptable for admission to the public sanitary sewers.
When the Director determines that an industrial waste must be pretreated, the o,vner
shall submit plans and specifications of the proposed pretreatment facilities to the Director
for his review. After the plans and specifications are reviewed as submitted, or as amended
by the Director, the owner shall proceed to provide pretreatment facilities. If the pre-
treatment facilities are completed according to the plans and specifications, and the owner
provides a proper sewer connection permit from his plant to the sanitary sewers, the Director
will issue the owner an industrial waste discharge permit authorizing such connection and
permitting the owner to discharge his waste into the sanitary sewers at the rate and in
the quantity stated in the permit. These pretreatment facilities shall be maintained con-
tinuously in satisfactory and effective operation by the owner at his expense.
Sec. 29-8.05. APPLYING FOR A DISCHARGE PE~MIT
Persons requiring a discharge permit shall complete and file with the Department an
application in the form prescribed by the Director and accompanied by applicable fees.
Except as otherwise agreed in writing by the Director, the applicant shall submit, in units
and terms appropriate for evaluation, the follow'ing information:
1. Name, address, and Standard Industrial.Classification (SIC) number of applicant.
2. VQlume of waste to be discharged.
3. Waste constituents and characteristics including BOD, suspended solids, pH, and
any others required by the Director.
4. Time and duration of discharge.
.
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ORDINANCE NO, 6476
(Cont'd)
.
S. Average and thirty minute peak waste flow rates, including daily, monthly,
and seasonal variations, if any.
6. Ground plan or plat sufficient to indicate locations pf building sewers, building
drains, process waste sewers, monitoring facilities and pretreatment facilities
with respect to buildings, property lines, streets, public sewers, and industrial
process facilities.
7. Description of plant activities, facilities and processes including all types of
waste which are or could be discharged.
8. Each product produced by type, amount, and rate of production when required to
determine compliance with pretreatment standards.
9. Number and type of employees, and hours of work.
10. Any other information the Director may feel is necessary to evaluate the permit
application.
The Department will evaluate the data furnished and may require additional information.
After evaluation of the data furnished, the Director may issue a discharge permit subject
to the terms and conditions of this ordinance.
Wastewater constituents and characteristics shall not be recognized as confidential
information.
Sec. 29-8.06. DISCHARGE PERMIT CONDITIONS AND REQUIREMENTS
Discharge permits may contain any or all of the following conditions and requirements:
1. The average and maximum waste pollutant concentrations permitted to be discharged
into the sanitary sewers.
2. The maximum daily amounts of BOD, suspended solids, oil and grease of animal and
vegetable origin permitted to be discharged into the sanitary sewers.
3. Limits on rate and time of discharge and requirements on flow regulations and
equalization.
4. Requirements for installation of inspection and sampling facilities~
S. Pretreatment requirements.
6. Specifications for monitoring programs which may include sanlpling locations,
frequency and methods of sampling and the number, types, and standards for tests
and reporting schedule.
7. Requirements for submission of technical reports or discharge reports.
8. Requirements for maintaining plant records relating to waste discharges as
specified by the Director and making the records available to the Department.
9. Additional requirements as may be determined by the Director.
Sec. 29-8.07. TERM OF PERMIT
Permits shall be issued for a specified period of time but in no event shall a permit
extend beyond three years from the date of issuance. Thirty days prior to the expiration
of the permit, the owner shall apply to the Department for a renewal of the permit.
The owner shall be notified in writing of any proposed changes in his permit at least thirty
days prior to the effective date of change. The notice shall include a specified time
schedule for compliance. This time schedule shall be based on practical delivery and con-
struction time requirements, and shall become part of the permit.
Sec. 29-8.08. DISCHARGE PERMIT NOT TRANSFEP~BLE
Waste discharge permits are issued to a specific owner for a specific operation. A
waste discharge permit shall not be reassigned or transferred or sold to a new o,vuer. A
waste discharge permit shall not be transferred to a new or significantly changed operation.
.
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ORDINANCE NO. 6476
(Cont'd)
Sec. 29-8.09. REVOCATION OF DISCHARGE PERMIT
.
Any owner who violates any of these rules and regulations, or applicable state and/or
federal regulations, or any of the following conditions which are hereby made part of
every permit, whether states therein or not, is subject to having his permit revoked:
1. The owner shall factually report the waste constituents and characteristics of
his discharge.
2. The owner shall report significant changes in operation, or in waste constituents
and characteristics.
3. The owner shall allow reasonable access to his plant or facilities for the purpose
of inspection or monitoring.
4. The owner shall comply with each and every term and condition of the permit.
Before a permit is revoked, the owner shall be sent written notice fifteen days in advance
of the date of a hearing by the Director. The owner shall have the opportunity to present
evidence at the hearing. The Director shall notify the owner in writing of his decision
by no later than fifteen days after the hearing.
Sec. 29-8.10. MONITORING FACILITIES
The Director may require any industrial plant owner to construct, at the owner's expense,
monitoring facilities to allow inspection, sampling, and flow measurement of the lateral
sewer or internal drainage systems, and may also require sampling or metering equipment to
be provided, installed, and operated at the owner's expense.
The monitoring facility shall be situated on the owner's property and located so that
it will not be obstructed by landscaping or parked vehicles.
The personnel of the Department shall have access to the monitoring facilities at
all times for inspection and sample collection. If the facilities are locked, special
arrangements shall be made to allow access. The Department's personnel shall also have
the right to set up monitoring devices at the facilities. There shall be ample room in or
near such monitoring facilities to allow adequate sampling and compositing of samples for
analysis. The monitoring facilities, sampling, and measuring equipment shall be maintained
at all times in a safe and proper operating condition at the expense of the owner.
The sampling and monitoring facilities shall be provided in accordance with the
Department's requirements, standards and specifications. Unless a time extension is other-
wise granted by the Director, construction shall be completed within ninety days following
the issuance of written notification by the Department.
Sec. 29-8.11, ACCESS TO OWNER'S PROPERTY
The owner of any industrial plant where waste is created or discharged shall allow the
employees of the Department ready access at all reasonable times to all parts of the
property for the purposes of inspection or sampling or for the performance of their duties.
The Department shall have the right to set up on the 0~1er's property such devices as are
necessary to conduct sampling or metering operations. Where an owner has security measures
in force which would require proper identification and clearance before entry into the
facilities, the owner shall make necessary arrangements with its security guards so that
upon presentation of suitable identification, personnel from the Department will be permitted
to enter without delay for the purpose of performing their specific responsibilities. \Vhile
performing the work, the Department personnel shall observe all safety rules established by
the owner and applicable to his plant or facilities. The Department or his representative
shall have no authority to inquire into any processes including metallurgical, chemical,
oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing
on the kind and source of discharge to the sewers or facilities for waste treatment.
Sec. 29-8.12. RELIABILITY OF MONITORING FACILITIES
Approval of proposed monitoring facilities or equipment by the Director does not, in
any way, guarantee that these facilities or equipment will function in the manner prescribed
by their constructor or manufacturer; nor shall they relieve a person of the responsibility
to enlarge or otherwise modify such facilities to accomplish the intended purpose.
.
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ORDINANCE NO. 6476
(Cont'd)
Sec. 29-8.13. SAMPLING METHODS
All measurements, tests, and analyses of the characteristics of industrial wastes shall
be determined in accordance with the latest edition of "Standard Methods for the Examination
of Water and Wastewater:, published by the American Public Health Association and American
Water Works Association, and shall be determined at the monitoring facilities or from
samples taken at the monitoring facilities. In the event no special monitoring facility
has been installed, the sampling shall be done at the nearest downstream manhole in the
public sewers to the point at which the building lateral sewer is connected. Sampling
shall be carried out by customarily accepted methods to reflect the effects of waste con-
stituents upon the wastewater treatment works and to determine the existence of possible
hazards to life, limb and property.
Sec. 29-8.14. SPECIAL CONTRACTS OR AGREEMENTS PEID1ITTED
No statement contained in these rules and regulations shall be construed as preventing
any special agreement or arrangement between the City and any person whereby an industrial
waste of unusual strength or character may be accepted by the Department for transport and/
or treatment, subject to applicable fees or payments.
Sec. 29-8.15. EXCESSIVE POLLUTANT PENALTY
If a person discharges amounts of permissible pollutants in excess of the amounts
permitted in his discharge permit, as stated in Section 29-8.06, a penalty of one thousand
dollars per day of violation shall be imposed and paid by the person discharging wastes in
violation of his permit.
Sec. 29-8.16. INDEMNITY
In the event a person does discharge excessive amounts of pollutants in violation of
his discharge permit, he shall agree to indemnify and hold the City harmless against and
from any and all loss, damage, claims, demands, actions, causes of action, penalties,
judgments, costs, and expenses of whatsoever nature which may result from injury to or death
of persons whomsoever, or from loss or destruction of or damage to property whatsoever, or
results in the City being in violation of state or federal regulatory agency requirements,
when such violation, injury, death, loss, destruction, or damage arises in any way in
connection with or incident to a person depositing amounts of industrial waste in excess
of those permitted in the discharge permit into the City's sanitary sewers. It must be
proved, on an individual case basis, that a person's depositing of excessive amounts of
pollutants, on a daily basis, was in fact the cause of a violation, injury, death, loss,
destruction, or damage, and that the excessive discharge was not due to force majeure.
Sec. 29-8.17. CHARGES APPLICABLE TO MAJOR CONTRIBUTING INDUSTRIES
Each major contributing industry shall be assessed a monthly charge that reflects the
City's cost of owning, operating, and maintaining the facilities used to serve these
customers. The monthly charges shall be determined from time to time based upon analysis
of the costs of capital and operation and maintenance costs associated with the facilities
used to provide service.
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ORDINANCE NO. 6476
(Cont'd)
Article IX
INDUSTRIAL WASTE SURCHARGE
Sec. 29-9.01.
\iHEN SURCHARGE IS APPLICABLE
An industrial waste surcharge shall be assessed against any person discharging
industrial wastes into the City's sanitary sewer system where the contributed waste
strength exceeds that of "Normal Strength Wastewater" as defined in Article I, Item 20.
Persons subject to the industrial waste surcharge shall be subject to the regular sewer
user charges.
Sec. 29-9.02. AMOUNT OF POLLUTANTS APPLICABLE TO SURCHARGE
The monthly amount of pollutants subject to the surcharge will be based on the average
loading per plant operating day, in excess of 300 mg/l for BOD or suspended solids, times
the number of operating days per month.
Sec. 29-9.03. AMOUNT OF SURCHARGE
The industrial waste surcharge to be assessed each month will be determined by
application of the rates then in effect. Rates enacted on March 5, 1979, are as follows:
BOD Charge
$0.1102 per pound of BOD loading in excess of 300 mg/l
Suspended Solids Charge
$0.0358 per pound of SS loading in excess of 300 mg/l
Customer Charge
The specific costs incurred by the City associated with monitoring
and determining flow and strength.
The surcharge amount shall be determined by calculating the average number of pollutant
pounds per operating day based on the average of periodic grab or composite samples obtained
and tested as described in Section 29-8.13.
In computing the surcharge amount, no credit will be allowed because a pollutant
strength is less than that allowed in "Normal Strength Wastewater".
Sec. 29-9.04. REVIEW OF SURCHARGE RATES
The Director shall review the surcharge rates each August and adjust them, if
necessary, to reflect the actual cost to treat the pollutants subject to the surcharge.
Sec. 29-9.05. MONITORING FACILITIES
When a person discharges a waste that is subject to the industrial waste surcharge,
the Director may require monitoring facilities be provided. The installation and use of
the monitoring facilities shall be in compliance with Sections 29-8.10 and 29-8.13.
Sec. 29-9.06. INDUSTRIAL WASTE SURCHARGE FOR CLASS GROUPS
The Director may classify certain commercial and industrial establishments which
routinely discharge BOD and suspended solids concentratings exceeding those established for
"Normal Strength Wastewater", into the following classes:
Class
Description
1.
Eating Places: Includes restaurants, bars, lounges, and other establishments
which engage in the preparation of food or beverage which is served directly
to the consumer.
2.
Food and kindred products processing: Includes commercial establishments
which engage in the preparation, packaging, processing, or distribution of
food, food products, grains, or produce, and which discharge less than
200,000 gallons of wastes per month.
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ORDINANCE NO. 6476
(Cont'd)
Equipment service facilities: Includes establishments which perform
washing, cleaning, or servicing of automobiles, trucks, buses, machinery,
or equipment; this class to include public facilities, facilities limited
to specific companies, and attended or coin operated establishments.
The Director shall assess an industrial waste surcharge for each class based on waste
strength determinations established by averaging grab or composite samples or both, taken
from a representative number of establishments in each class and shall apply this surcharge
to the water consumption or metered wastewater of the establishment. If the establishment
is within a larger facility for which water usage is determined from a master meter, the
Director shall determine an estimated volume for the establishment on which the surcharge
is applied. The Director shall then add the appropriate industrial surcharge to billings
for regular water and sanitary sewer service for each establishment included in one of the
classes.
3.
If an establishment contains operations from more than one of the classes, and the
Director determines that the surcharge for a particular class would not adequately compensate
the City for its cost of treatment, the Director may assess a surcharge based on a proportional
average of the class surcharges involved, or he may require the establishment to be billed
under the requirements of Section 29-9.03.
The owner of an establishment classified into one of the classes may elect to have the
industrial surcharge billed -under Section 29-9.03 rather than this section, by making appli-
cation to the Director and paying the required sampling costs.
The Director may revise the class surcharges in the future to reflect a change in the
average strength of the wastes discharged or to reflect a change in the costs to treat
these wastes.
Section 29-9.07. CONTRACT FOR RESERVED CAPACITY
The Director may, with the approval of the Council, enter into a contract with persons
discharging industrial wastes who desire to reserve a portion of the design capacity of
the sanitary sewer system or water pollution control plant. The contract shall contain a
provision stating that an annual amount, representing the person's proportionate share of
the City's net annual capital investment cost in the facilities reserved, shall be paid by
the person signing the contract. The contract shall also contain a provision that if the
person's average daily flow varies more than 20 percent on a yearly basis, either party
may open the contract for renegotiation of the minimum payment.
Article X
POWERS AND AUTHORITY
Sec. 29-10.01. AUTHORITY TO ENTER PRIVATE PROPERTY
The Director and other duly authorized employees of the Department bearing proper
credentials and identification shall be permitted to enter all private properties to which
a proper easement is on record for the purpose of surveying, inspection, maintenance,
operation, repair, and reconstruction of any portion of the sanitary and storm sewer systems
under the management of the Department subject to the terms of the easement.
Sec. 29-10.02. VIOLATION NOTICES
The Department shall have authority to serve-persons discharging in violation of
this ordinance with written notice stating the nature of the violation and providing a
reasonable time limit for satisfactory compliance. No person may continue discharging
in violation of this ordinance beyond the time limit provided in the notice.
Sec. 29-10.03. DAMAGE TO WASTEWATER TREATMENT WOFKS
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover,
deface, or tamper with, any structure, appurtenance, or equipment which is a part of the
wastewater treatment works. Any person violating this provision shall be punished according
to law.
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ORDINANCE NO. 6476
(Cont'd)
SECTION 2. If the provisions of any paragraph, section, or article of this ordinance
are declared unconstitutional or invalid by the final decision of any court of competent
jurisdiction, the provisions of the remaining paragraphs, sections, or articles shall
continue in full force and effect.
SECTION 3. That Sections 29-1 through 29-43 of the Grand Island City Code, together
with any ordinances or parts thereof in conflict with this ordinance, as heretofore existed,
are repealed; and that Article IV, Chapter 29 of the Grand Island City Code is hereby
designated as Article XI.
SECTION 4. This ordinance shall be in full force and effect from and after its
passage, approval, and publication in pamphlet form as provided by law, except that subdivision,
or other projects and districts submitted prior to the effective date hereof shall be subject
to the ordinances in effect on the date the subdivision or other project or district was
approved.
Enacted August 6, 1979
p. Q.. j'~
. Ro eit'dc: Kriz, Mayor
ATIEST, fl:~dL/
C ty erk
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ORDINANCE NO. 6477
An ordinance to vacate existing public utilities and access
easements in Riverside Estates Unit One in the City of Grand Island,
Nebraska; and to provide the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. That the public utilities and access easements
as dedicated in the plat of Riverside Estates Unit One in the
City of Grand Island, Nebraska, be, and hereby are, vacated.
SECTION 2. That the title to the public utilities and
access easements vacated by Section 1 of this ordinance shall
revert to the fee simple owners of the property.
SECTION 3. That 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 full 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 August 6. 1979
9L.f;t;t::
.. obertL.~iz. Mayor
ATTEST:
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1979
LEGAL DEPARTMEr 'f
.
ORDINANCE NO. 6478
Nebraska; defining the boundaries of the district; providing for the laying of a water
An ordinance creating Water Main District No. 348 in the City of Grand Island,
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 thereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
is hereby created for the laying of a six-inch, or 15.24 centimeters, water main in Main
SECTION 1. Water Main District No. 348 in the City of Grand Island, Nebraska,
Street and Regory Avenue from the existing water main in Seedling Mile Road.
SECTION 2. The boundaries of such water main district shall be as follows:
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Beginning at a point on the westerly line of Shady Bend Road and 206.2
feet, or 62.850 meters, North of the North line of Gregory Avenue; thence
running southerly on the westerly line of Shady Bend Road for a distance
of 462.4 feet, or 140.940 meters, to the Southeast corner of Lot 25,
Sass Second Subdivision; thence running westerly on a line parallel to
and 206.2 feet, or 62.850 meters, South of the South line of Gregory
Avenue for a distance of 1,286.0 feet, or 391.973 meters, to the South,:est
corner of Lot 36, Sass Second Subdivision; thence running northerly on
the West line of said Lot 36 and the westerly line of Lot 25, Sass
Subdivision, for a distance of 588.2 feet, or 179.283 meters, to a point
on the West line of said Lot 25, said point being 332 feet, or 101.194
meters, North of the northerly line of Gregory Avenue; thence running
East on a line parallel to and 332 feet, or 101.194 meters, North of the
northerly line of Gregory Avenue for a distance of 237.6 feet, or 72.420
meters, to the West line of Lot I, Dahlke Subdivision; thence running
northerly on the West line of said Lot 1 and the North prolongation of
the West line of said Lot 1 for a distance of 150 feet, or 45.720 meters;
thence running easterly on a line parallel to and 69.5 feet, or 21.184
meters, North of the North line of said Lot 1 for a distance of 79.2 feet,
or 24.14 meters, to a point on the West line of Lot 19, Sass Subdivision,
said point being 69.5 feet, or 21.184 meters, North of the North line of
Lot 1, Dahlke Subdivision; thence running North on the West line of Lot
19, Sass Subdivision, and the North prolongation of the West line of said
Lot 19 for a distance of 383 feet, or 116.738 meters, to the North line
of Seedling Mile Road; thence running East on the North line of Seedling
Mile Road for a distance of 263 feet, or 80.162 meters; thence running
South on a line parallel to and 105.6 feet, or 32.187 meters, East of
the East line of Main Street for a distance of 658.8 feet, or 200.802
meters, to the No~theast corner of Lot 19, Sass Second Subdivision; thence
running East on a line parallel to and 206.2 feet, or 62.850 meters, North
of the North line of Gregory Avenue for a distance of 706.2 feet, or
215.250 meters, to a point on the westerly line of Shady Bend Road, being
the point of beginning, all as shown on the plat marked Exhibit "A",
attached hereto and incorporated herein by reference.
SECTION 3. Said improvements shall be made in accordance with plans and specifi-
cations prepared by the Engineer for the City who shall estimate the cost thereof, and
submit the same to the City Council, and upon approval of the same, bids for the construction
of such water main shall be taken and contracts ,entered into in the manner provided by law.
SECTION 4. The cost of construction of such improvement shall be assessed against
the property within such district abutting upon the street wherein 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
.
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ORDINANCE NO, 6478 (Cont'd)
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. 348, or the Water Surplus Fund.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval, and publication, without the plat, as provided by law.
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in
the office of the Register of Deeds, Hall County, Nebraska.
SECTION 7. After passage, approval, and publication of this ordinance, notice
of the creation of said district shall be published in the Grand Island Daily Independent,
a legal newspaper published and of general circulation in said City, as provided by law.
Enacted
August 6, 1979
ATTEST:
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ORDINANCE NO. 6479
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An ordinance creating Sanitary Sewer District No. 447 in the City of Grand Island,
Nebraska; defining the boundaries of the district; providing for the laying of a sanitary
sewer main in said district; providing for plans and specifications and securing bids;
providing for the assessment of special taxes for constructing such sewer and collection
thereof; and to provide for the effective date thereof.
BE IT ORDAINED BY THE ~~YOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. Sanitary Sewer District No. 447 of the City of Grand Island, Nebraska,
is hereby created for the laying of an eight-inch, or 20.32 centimeters, vitrified clay or
polyvinalchloride plastic pipe, line, and appurtenances thereto.
SECTION 2. The boundaries of such sanitary sewer district shall be as follows:
Beginning at the Northeast corner of Wetzel's Subdivision; thence running
South on the East line of said subdivision and the South prolongation of the
East line of said subdivision for a distance of 1,357.85 feet, or 413.873
meters, to the South line of Seedling Mile Road; thence running West on the
South line of Seedling Mile Road for a distance of 214.34 feet, or 65.331
meters; thence running North on the South prolongation of the West line of
Hetzel's Subdivision and on the \.Jest line of said subdivision for a distance
of 1,357.90 feet, or 413.888 meters, to the Northwest corner of saidsubd~vision;
thence running East on the North line of said subdivision for a distance of
214.0 feet, or 65.227 meters, to the Northeast corner Qf said subdivision, being
the point of beginning, all as shown on the plat marked Exhibit "A" attached .
hereto and incorporated herein by reference.
SECTION 3. Said improvements shall be made in accordance with plans and specifications
prepared by the Engineer for the City who shall estimate the cost thereof, and submit the
same to the City Council, and upon approval of the same, bids for the construction of such
sanitary sewer shall be taken and contracts entered into in the manner provided by law.
SECTION 4. The cost of construction.of such improvements shall be assessed against
the property within the district abutting upon the street or other right-of-way within
which such sanitary sewer main will be constructed within such sewerage district to the
extent of benefits to such property by reason of such improvement, and a special tax shall
be levied at one time to pay for such cost of construction as soon as can be ascertained,
as provided by law; and, provided further, such special tax and assessments shall constitute
a sinking fund for the payment of any bonds with interest issued for the purpose of paying
, the cost of such sewer in such district; such special assessments shall be paid and
;
collected in a fund to be designated and known as the Sewer and Water Extension Fund, and
out of which all warrants issued for the purpose of paying the cost of such sanitary sewer
shall be paid.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval, and publication, without the plat, as provided by law.
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds of Hall County, Nebraska.
.
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LEGAL DEPARTME'
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ORDINANCE NO. 6479
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SECTION 7. After passage, approval, and publication of this ordinance without the
plat, notice of the creation of said district shall be published in the Grand Island Daily
Independent, a legal newspaper published and of general circulation in said City, as
provided by law.
Enacted
August 6, 1979
AnEST tf?~&.~
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ORDINANCE NO. 6480
An ordinance creating Street Improvement District No. 989; defining the boundaries
of the district; providing for the improvement of streets within the district by paving,
guttering, and all incidental work in connection therewith; and to provide for an 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. 989 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 on the East line of Greenwich Avenue, said point being
330 feet, or 100.584 meters, South of the South line of Phoenix Avenue;
thence running south on the East line of Greenwich Avenue for a distance
of 660 feet, or 201.168 meters; thence running West on a line parallel to
and 300 feet, or 91.440 meters, South of the South line of South Street for
a distance of 424 feet, or 129.235 meters, to the West line of Lincoln
Avenue; thence running North on the West line of Lincoln Avenue for a
distance of 660 feet, or 201.168 meters; thence running East on a line
.parallel to and 300 feet, or 91.440 meters, North of the North line of
South Street for a distance of 424 feet, or 129.235 meters, to a point on
the East line of Greenwich Avenue, being the point of beginning, all as
shown on the plat marked Exhibit "A" attached hereto and incorporated
herein by reference.
SECTION 3. The following streets in the district shall be improved by paving,
curbing, guttering, and all incidental work in connection therewith:
South Street from Lincoln Avenue to Greenwich Avenue.
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
August 6. 1979
ATTEST:
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Ro ert L. I\{Fi"I..ayor
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CITY . OF GRAND iSLAND, NEBR.
ENGINEERING DEPARTMENT.
I PLAT T.O ACCOM.PANY .ORO.. I
. NO.' 6480 ". . . ".
STREET IMPROVEMENT 0I5T. NO. 989 ISCA~~:"'=IOO' 8/3/79 L.
.
.
ORDINANCE NO. 6481
An ordinance pertaining to zoning in the City of Grand Island, Nebraska; changing the
zoning in a certain described RD - Residential Development Zone in the City by amending the
plan of development within such zone; to change the official zoning map of the City of Grand
Island, and to amend the provisions of Section 36-7 to conform to. such reclassification;
and to provide for the effective date of this ordinance.
WHEREAS, the Regional Planning Commission on August 1, 1979, recommend 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 6, 1979, 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 tract of land is hereby rezoned and reclassified and.
changed to RD - Residential Development Zone, as Amended, as proposed in the application to
amend such area, which application was filed with the Grand Island City Clerk on July 18,
1979, and dated on said date by the petitioner, to wit:
Lot 2, Block 8 Replat, Continental Gardens in the City of Grand Island
Hall County, Nebraska.
The above described property is hereby rezoned, reclassified, and changed to Amended RD -
Residential Development Zone classification.
SECTION 2. That the official zoning map of the City of Grand Island be, and the same is,
hereby ordered to be changed, amended, and. completed in accordance with this ordinance.
SECTION 3. That .the finding and recommendation of the Regional Planning Commission
and of the City Council of the City of Grand Island, is 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 area as herein ordered and determined.
SECTION 5. That this ordinance shall be in force an4 take effect from and after its
passage and publication within fifteen days in one issue of the Grand Island Daily Independent.
Enac t ed 20 August 1979 .
~b{:t-~Yor
ATTE~~4/~
City Clerk
LEGAL DEPARTME; -
l
ORDINANCE NO. 6482
.
An ordinance creating Street Improvement District No. 987; defining the boundaries of
the district; providing for the improvement of streets within the district by paving,
guttering, and all incidental work in connection therewith; and to provide for an effective
date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SEC~ION 1. Street Improvement District No. 987 in the City of Grand Island, Nebraska,
is hereby created.
SECTION 2. The boundaries of the district shall be as follows:
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Beginning at a point on the North line of Fifth Street and 127.5 feet, or
38.862 meters, West of the West line of Sherman Avenue; thence running South
on a line parallel to and 130 feet, or 39.624 meters, East of the North
prolongation of the East line of Sheridan Avenue, the East line of Sheridan
Avenue, and the South prolongation of the East line of Sheridan Avenue for
a distance of 450' feet, or 137.160 meters, to the South line of Fourth Street;
thence running West on the South line of Fourth Street and the West prolongation
of the South line of Fourth Street for a distance of 490 feet, or 149.352
meters; thence running North on a line parallel to and 300 feet, or 91.440
meters, West of the South prolongation of the West line of Sheridan Avenue,
the West line of Sheridan Avenue and the North prolongation of the West line
of Sheridan Avenue for a distance of 450 feet, or 137.160 meters, to a point
on the West prolongation of the North line of Fifth Street; thence running East
on the West prolongation of the North line of Fifth Street and on the North
line of Fifth Street for a distance of 490 feet, or 149.352 meters~ to a point
on the North line of Fifth Street, being 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:
Sheridan Avenue from Fourth Street to Fifth 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 lanns 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
20 August 1979
.
7 ~~a. Khz, Mayor
ATTEST:
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City Cl.er
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~IPOtNT OF
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EXHIBIT ItA"
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CITY' OF GRAND ISLAND, NEBR-.
ENGINEERING DEPARTMENT
PLAT TO ACCOMPANY ORO .
NO. 6482
CTDC:-~T IMPROVEMENT' DIST. NO.987 lSCALE:l":J()O'___~~..A.G~__8b~/7~
.
.
ORDINANCE NO. 6483
An ordinance to vacate a portion of Hancock Avenue in the
City of Grand Island, conditioned upon the reservation of a
permanent utilities easement; 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 Hancock Avenue between
North Front Street and Fourth Street be, and hereby is, vacated,
provided and conditioned that the City of Grand Island reserves
a 16 foot wide easement across the middle of such vacated street
for public utility purposes, all as shown on the plat marked
Exhibit "A" attached hereto and incorporated herein by reference;
herein retained.
SECTION 2. That the title to that portion of Hancock Avenue
vacated by Section 1 of this ordinance shall remain in the name
of the City of Grand Island, Nebraska.
SECTION 3. That 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 full 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 pro-
vided by law.
Enacted
20 Auguat 1979
~\...J"L# . .
Robert L. :triz, Mayor
ATTEST:. '.' .fLU. . '.... '
~.,~
City Clerk
APP
LEGAL DEPARTMEr ~
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-~ FRONT
.
[ZJ STREET TO BE VACATED
~. EASEMENT RETAINED FOR
~ PUBLIC UTILITIES
30' 30'
-g4TH sr
60
~ 42
EST
HEIGHTS
25
OD.
SWear, NE 1/4, SWI/4
of Sec. 17-11-9
STREET
EX HIBIT "An
CITY OF GRAND ISLAND, NEBR.
ENGINEERING DEPARTMENT.
IPLAT TO.. ACCOMPANY. ORD. I
NO. 6483 . . .
I SCALE: 1"=50'. .B,A.G. 81151 ~,;L
.
.
ORDINANCE NO. 6484
An ordinance to vacate a portion of Hancock Avenue in the
City of Grand Island, conditioned upon the reservation of a permanent
utilities easement; 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 Hancock Avenue between Fourth
Street and Fifth Street, be, and hereby is, vacated; provided and
conditioned, that the City of Grand Island reserves the easterly
30 feet of such vacated area for public utilities easement, as shown
on the plat attached hereto and incorporated hereby by reference;
and provided that no improvements, structures, or buildings of any
kind whatsoever shall be allowed in, upon, or over the easement
herein retained.
SECTION 2. That the title to that portion of Hancock Avenue
vacat ed by Section 1 of this ordinance shall remain in the name of
the City of Grand Island, Nebraska.
SECTION 3. That 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 full 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 20 August 1979
~~
Robert L. triz, Mayor
ATTEST:
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City Clerk
LEGAL DEPARTMH
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~ 48
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43
ADD.
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30' ~ 30'
LZJ STREET TO BE VACATED
r:-::.:;:j EASEMENT lOBE RETAINED FOR
........ ACCESS TO EXISTING UTILITIES
~. EASEMI;NT TO BE RETAINED FOR
~ DRIVEWAY PURPOSE S TO LOT 44
EXHIBIT IIA"
. SWcor, NE 1/4,
SWI/4 of
Sec. f7- 11- 9
CITY OF GRAND ISLAND, NEBR.
ENGIN EERING DEPARTMENT.
PLAT TO ACCOMPANY ORD.
NO. 6484
I SCALE: 1"=50' B.A.G~~~~115 /7~
.
.
ORDINANCE NO. 6485
An ordinance to vacate a portion of Chicago Street in the
City of Grand Island, Nebraska; 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 Chicago Street between
Airport Avenue and the middle of the intersection with vacated
Gilmore Street in the City of Grand Island, Nebraska, as shown
on the plat marked Exhibit "A" attached hereto and incorporated
herein by reference, be, and hereby is, vacated.
SECTION 2. That the title to the portion of Chicago Street
vacated by Section I of this ordinance shall revert to the fee
simple owners of lots or lands abutting the same in proportion
to the respective ownerships of such lots or grounds.
SECTION 3. That 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 full 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.
20 August 1979
Enacted
ATTEST:
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City Clerk
LEGAL DEP AR nM~
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33' 33'
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SE cor, NE 1/4 of
Sec. 10-11- 9
EXHIBIT nAil
cs:sJ STREET TO BE VACATED
CITY OF GRAND ISLAND, NEBR.
ENGINEERING DEP~Br~ENt~~_
PLAT TO ACCOMPANY ORO.
NO. 6485
I SCALE: Ill:: IOaun B.A.G. SII61}9_n
.
.
ORDINANCE NO, 6486
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An ordinance assessing and levying a special tax to pay the cost of construction of
Water Main District No. 341 of the City of Grand Island, Nebraska; providing for the co11ectim
of such special tax; and repealing any provision of the Grand Island City Code, ordinances,
and parts of ordinances, in conflict herewith; and to provide the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. There is hereby assessed upon the following described lots, tracts, and
parcels of land specially benefited, for the purpose of paying the cost of construction of
said water main in said Water Main District No. 341, 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
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Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Clifford H. Dale
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brent,'lOod Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
2
3
4
5
6
7
\l
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LOT
ADD1TION
BLK
1
1
1
1
1
1
1
1
1
1
I
1
1
1
1
1
1
1
1
1
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
3
3
3
3
3
3
3
AMOUNT
Brentwood Second
"
$920.40
920.40
920.40
994.25
1,058.27
1,081.59
964.96
920.40
920.L10
920.40
920.40
920.40
920.40
920.40
920.40
920.40
1,052.29
1, lLfO. 88
1,084.54
1,048.95
920.59
938.65
1, 001. 13
1,110.33
847.15
847.15
847.15
847.15
847.15
847.15
847.15
920.40
874.37
874.37
920.40
920.40
854.47
825.61
797.29
1,064.21
945.72
788.38
825.38
770.94
935.28
885.18
834.32
839.22
844. 11
849.80
854.71
858.83
"
"
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"
"
"
"
"
"
"
"
"
"
"
"
"
"
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I
ORDINANCE NO. 6486
(Cont'd)
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
Brentwood Development Co.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Brentwood Second
$863.73
868.63
873.53
878.43
1,024.27
804.37
951. 04
950.79
950.54
950.31
950.08
949.83
949.57
949.33
949.08
948.83
1,017.99
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
II
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II
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SECTION 2. The special tax shall become delinquent as follows: One-fifth of the total
amount shall become delinquent in fifty days; one-fifth in one year; 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 designed as the
"Sewer and Hater Extension Fund" for Water Main District No. 341.
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.
Enacted
20 August 1979
9~t't
KYiz, Mayor
ATTEST:
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. City Clerk
- 2 ..:
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"
ORDINANCE NO. 6487
.
An ordinance creating Street Improvement District No. 990; defining the boundaries of
the district; providing for the improvement of streets within the district by paving,
guttering, and all incidental work in connection therewith; and to provide for an 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. 990 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 on the East line of Claussen's Country View Addition
to the City of Grand Island, said point being 211.55 feet, or 64.480 meters,
North of the North line of Dodge Street; thence running South on the East
line of said Addition and on the East line of Anderson Subdivision for a
distance of 558.95 feet, or 170.368 meters, to the Southeast corner of
said Anderson Subd,ivision; thence running West on the South line of said '.
Subdivision for a distance of 152 feet, or 46.330 meters, to the West line
of Eugene Street; thence running North on the '\Vest line of Eugene Street
for a distance of 558.95 feet, or 170.368 meters; thence running East on
a line parallel to and 211.55 feet, or 64.480 meters, North of the North
line of Dodge Street for a distance of 151.94 feet, or 46.311 meters, to
a point on the East line of Claussen's Country View Addition to the City
of Grand Island, being the point of beginning all as shown on the plat
marked Exhibit "A" attached hereto and incorporated herein by reference.
SECTION 3. The following streets in the district shall be improved by paving, curbing,
guttering, and all incidental work in connection therewith:
Dodge Street from Eugene Street east to the deadend.
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 September 4, 1979
.
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LEGAL DEPARTMH-
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EXHIBITIIA"
. CITY OF GRAND ISLAND, NEBR.
ENGIN EERING DEPARTMENT.
I PLAT TO ACCOMPANY O,RD,'
,NO. 6487
STREET IMPROVEMENT DISTRICT NO. 990 I SCALE:lu=IOO' B.A.G. 8/22/791
.
.
ORDINANCE NO. 6488
An ordinance creating Sidewalk District No.2, 1979; defining the district where
sidewalks are to be constructed, and providing for the construction of such sidewalks
within the district by paving and all incidental work in connection therewith; and to
provide the effective date.
WHEREAS, the Mayor and Council of the City of Grand Island have heretofore by resolution
passed by a three-fourths vote of all members of the council determined the necessity for
certain sidewalk improvements, pursuant to Section 19-2417, R.R.S. 1943, and Section'3l-45
of the Grand Island City Code; and
w~EREAS, 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.2, 1979, 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:
Curb sidewalk on the south side of Delmonte Avenue, in a part of
Section 20, Township 11 North, Range 9 West of the 6th P.M., also
known as 2439 Delmonte Avenue.
SECTION 3. The sidewalks in the district shall be constructed by paving and all
incidental work in connection therewith; said improvements shall be made in accordance
with plans and specifications prepared by the engineer for the City and approved by the
Mayor and City Council.
SECTION 4. The improvements shall be made at public cost, but the cost thereof shall
be assessed upon the lots and lands in the district specially benefited thereby as provided
by Section 19-2418, R.R.S. 1943.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage and publication within fifteen days in one issue of the Grand Island Daily Independent
as by law provided.
Enacted September 4, 1979
ATT~~~
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LEGAL DEPARTME'
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ORDINANCE NO. 6489
An ordinance to amend Section 4-28 of the Grand Island
City Code pertaining to alcoholic beverages in public places; by
adding thereto the offense of possession of alcoholic liquors in
city parks; to repeal the original section; to provide a penalty;
and to provide the effective date thereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That Section 4-28 of the Grand Island City Code
be amended to read as follows:
"Sec. 4-28. CONSUMPTION IN PUBLIC PLACES
(a) It shall be unlawful for any person to consume akDholic
liquors within the city in the public streets, alleys, roads or
highways or upon property owned by the State or any governmental
subdivision thereof, or inside vehicles 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 consume alcoholic liquor upon the premises, except
as permitted by a license theretofore issued to such premises.
(b) 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."
SECTION 2. That all persons violating the provisions of this
ordinance shall upon conviction be deemed guilty of a misdemeanor
and shall be punished in accordance with Section 1-7 of the Grand
Island City Code.
SECTION 3. That all ordinances or parts of ordinances in
conflict herewith, are hereby repealed.
.
.
.
"
ORDINANCE NO. 6489 Contd.
SECTION 4. That 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 September 4. 1979
~ t...n~
bert L. r~, Mayor
ATTEST:
~~~~.4:
City Clerk
- 2 -
.
.
ORDINANCE NO, 6490
An ordinance assessing and levying a special tax to pay the cost of construction of
Water Main District No. 339 of the City of Grand Island, Nebraska; providing for the
collection of such special tax; repealing any provision of the Grand Island City Code,
ordinances, and parts of ordinances in conflict herewith.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. There is hereby assessed upon the following described lots, tracts, and
parcels of land specially benefited, for the purpose of paying the .cost of construction of
said water main in said Water Main District No. 339, as adjudged by the Mayor and Council of
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~d 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
ADDITION
At10UNT
$622.33
622.33
622.33
622.33
829.74
829.74
829.74
Jamson
Jamson
Jamson
Jamson
Jamson
"
10
11
12
13
14
15
16
Theodore N. Jamson
Theodore N. Jamson
Theodore N. Jamson
Theodore N. Jamson
Theodore N. Jamson
Theodore N. Jamson
Theodore N. Jamson
"
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 nien 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 as the
"Sewer apd Water Extension Fund" for Water Main District No. 339.
SECTION 5. Any provision of the Grand Island City Code, and any provision of any ord-
inance, 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.
Enacted September 4, 1979.
ATTEST:
4?4:~&./
.. ~ty C er
ORDINANCE NO. 6491
An ordinance assessing and levying a special tax to pay the cost of construction of
.
Water Main District No. 340 of the City of Grand Island, Neb~aska; 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 water main in said Water Main District No. 340, 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 ADDITION AMOUNT
.
Theodore N. Jams on 4 Jamson $843.31
Theodore N. Jamson 5 Jamson 924.61
Theodore N. Jamson 6 Jarnson 857.65
Theodore N. Jamson 7 Jamson 863.57
Theodore N. Jamson 8 Jamson 964.05
Theodore N. Jams on 9 Jamson 861.95
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;
qne-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 as the
"Sewer and Water Extension Fund" for Water Main District No. 340.
SECTION 5. Any provision of the Grand Island City Code, and any provision of any ord-
inances, 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.
Enacted September 4, 19)9
.
LEGAL DEPARTMP
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ORDINANCE NO. 6492
.
An ordinance creating Street Improvement District No. 991; defining the boundaries of
the district; providing for the improvement of streets within the district by'paving,'
guttering, and all incidental work in connection therewith; and to provide for an 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. 991 in the City of Grand Island, Nebraska,
is hereby created.
SECTION 2. The boundaries of thedistrfct shall be as follbWS:
Beginning at a point on the North line of Eleventh Street, said point being
200 feet, or 60.960 meters East of the East line of Boggs Street; thence
running South on a line parallel to and 200 feet, or 60.960 meters, East of
the East line of Boggs Street for a distance of 340 feet, or 103.632 meters,
to the South line of Tenth Street; thence running West on the South line of
Tenth Street for a distance of 550 feet, or 167.640 meters, to a point 300
feet, or 91.440 meters, West of the West line of Boggs Street; thence running
North ana line parallel to and 300 feet, or 91.440 meters, West of the West
line of Boggs Street for a distance of 340 feet, or 103.632 meters, to the
North line of Eleventh Street; thence running East on the North line of
Eleventh Street for a distance of 550 feet, or 167.640 meters, to a point
200 feet, or 60.960 meters, East of the East line of Boggs Street, being
the point of beginning, all as shown on the plat marked Exhibit "A" attached
hereto and incorporated herein by reference.
SECTION 3. The following streets in the district shall be improved by paving, curbing,
guttering, and all incidental work in connection therewith:
Boggs Avenue from Tenth Street to Eleventh 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
benerited 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 6. 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.
Enac ted September 17, 1979 .
9~z. ~~yor
ATTEST:
~~,~
ity C erk
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LEGAL DEPARTMEr' e
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STREET IMPROVEMENT DIST. NO. 991
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EXHIBIT "AII
CITY OF GRAND ISLAND, NEBR.
ENGINEERING DEPARTMENT
I. PLAT TO ACCOMPANY ORD.' ]
. NO. 6492 _
J SCALE 1"= 100' L.D.C. 9./6/19 "
,.
ORDINANCE NO. 6493
.
An ordinance creating Sanitary Sewer District No. 448 in the City of Grand Island,
Nebraska; defining the boundaries of the district; providing for the laying of a sanitary
sewer main in said district; providing for plans and specifications and securing bids;
providing for the assessment of special taxes for constructing such sewer and collection
thereof; and to provide for the effective date thereof.
BE IT ORDAINED BY THE ~~YOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. Sanitary Sewer District No. 448 of the City of Grand Island, Nebraska, is
hereby created for the laying,of an eight-inch, or 20.32 centimeters, vitrified clay or
polyvinalchloride plastic pipe, line, and appurtenances thereto.
SECTION 2. The boundaries of such sanitary sewer district shall be as follows:
Beginning at a point on the north line of Twelfth Street, said point being
21.2 feet, or 6.462 meters, East of the East line of Beal Street; thence
running South on the North prolongation of the East line of Beal Street
located South of Twelfth Street and on the EAst line of Beal Street for a
distance of 252.38 feet, or 76.925 meters, to the North line of Pleasant
Hill Addition; thence running West on the North line of said addition for
a distance of 185 feet, or 56.388 meters, to the Northwest corner of Lot 1,
Block 2, of said addition; thence running South on the West line of said
Lot 1 for a distance of 20 feet, or 6.096 meters; thence running West on a
line parallel to and 20 feet, or 6.096 meters, South of the North line of
Pleasant Hill Addition for a distance of 12 feet, or 3.658 meters, to the
East line of Lot 14, Block 2, of said addition; thence running North on the
East line of said Lot 14 for a distance of 20 feet, or 6.096 meters, to the
North line of said addition; thence running West on the North line of said
addition for a distance of 125 feet, or 38.100 meters, to the East line of
Poplar Street; thence running North on the East line of Poplar Street and
the North prolongation of the East line of Poplar Street for a distance of
252.380 feet, or 76.925 meters, to the North line of Twelfth Street; thence
running East on the North line of Twelfth Street for a distance of 324 feet,
or 98.755 meters, to the point of beginning, all as shown on the plac marked
Exhibit "A" attached hereto and incorporated herein by reference.
SECTION 3. Said improvements shall be made in accordance with plans and specifications
prepared by the Engineer for the City who shall estimate the cost thereof, and submit the
same to the City Council, and upon approval of the same, bids for the construction of such
sanitary sewer shall be taken and contracts entered into in the manner provided by law.
SECTION 4. The cost of construction of such i~provements shall be assessed against
the property within the district abutting upon the street or other right-of-way within which
such sanitary sewer main will be constructed within such sewerage district to the extent of
benefits to such property by reason of such improvement, and a special tax shall be levied
at one time to pay for such cost of construction as soon as can be ascertained, as provided
by law; and, provided further, such special tax and assessments shall constitute a sinking
fund for the payment of any bonds with interest issued for the purpose of paying the cost of
such sewer in such district; such special assessments shall be paid and collected in a fund
to be designated and known as the Sewer and Water Extension Fund, and out of which all
warrants issued for the purpose of paying the cost or such sanitary sewer shall be paid.
.
- 1 -
LEGAL DEPARTMEr'T
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ORDINANCE NO, 6493
(CQnt'd)
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval, and publication, without the plat, as provided by law.
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office
of the Register of Deeds of Hall County, Nebraska.
SECTION 7. After passage, approval, and publication of this ordinance without the plat,
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 September 17, 1979
9~dZ' Mayor
ATTEST:
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EXHIBITI~I
CITY OF GRAND ISLANI?lNEBR.
ENGINEERING DEPARTMENT
I PLAT TO ACCOMPANY ORD. NO. 6493
I 9-7-79 P.E.S." I": 100'
SANITARY SEWER DIST. NQ 448
.
.
ORDINANCE NO. 6494
An ordinance to vacate a part of an existing power easement
in Conestoga Mall Second Subdivision; and to provide the effective
date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION .1. That the portion of the power easement indicat~
on the plat to be vacated, in Conestoga Mall Second Subdivision,
as shown on the plat marked Exhibit "A" attached hereto and
incorporated herein by reference, be, and hereby is, vacated.
SECTION 2. That the title to that part of the power easement
vacated by Section 1 of this ordinance shall revert to the owner
of the property.
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.
SECTION 4. This ordinance shall be in force and take effect
from and after its passage, approval, and publication, without the
plat, within fifteen days in one issue of the Grand Island Daily
Independent, as provided by law.
Enacted
September 17, 1979 .
~t.~
RobertL. ~z, Mayor
ATTEST~a.....
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16' POWER EASEMENT
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SEC. t2-TIIN-R9W
EXHIBIT II A It
CITY OF GRANO ISLAND, NEBR.
UTILITIES DEPARTMENT
T. W.8ARNES 9/5/79
SCALE: \':=100
.
.
"
ORDINANCE NO. 6495
An ordinance to amend Sections 7-4 and 7-7 of the Grand Island City Code pertaining
to bicycle registration fees; to repeal the original sections; 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 Section 7-4 of the Grand Island City Code be amended to read as
follows:
"Sec. 7-4. SAME - APPLICATION; FEE
Application for registration of any bicycle shall be made by the owner
thereof in writing to the traffic division upon blanks furnished by the city,
and shall set forth the name of the applicant, his address, a description of
the bicycle, and such other information as the traffic division may require.
Before the issuance of a registration certificate and the number plate, the
applicant shall pay a registration fee of two dollars."
SECTION 2. That Section 7-7 of the Grand Island City Code be amended to read as
follows:
"Sec. 7-7. SAME - SAME - TRANSFERS
A bicycle registration shall not be transferable from one person to
another, and it shall be the duty of every person who sells or transfers
ownership of any registered bicycle to report, within five days from the
date of sale or transfer, such sale or transfer by returning to the traffic
division of the registration certificate and registration number plate thereof,
together with the name and address of the person to whom such bicycle was sold
or transferred; provided, that the holder of such registration certificate may
have the traffic division assign such registration number plate to another
bicycle owned by him, upon payment of one dollar for such transfer. It shall
be the duty of the purchaser or transferee of such bicycle to apply for a
transfer or registration thereof within five days of such sale or transfer."
SECTION 3. That Sections 7-4 and 7-7 of the Grand Island City Code as heretofore
existing, be, and hereby are, repealed.
SECTION 4. That this ordinance shall be in full force and effect upon and after its
passage, approval and publication within fifteen days in one issue of the Grand Island
Daily Independent, as by law provided.
Enacted
October 1, 1979
or
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CJ.ty eX'
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LEGAL DEPARTMEr
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ORDINANCE NO. 6496
An ordinance pertaining to zoning in the City of Grand Island, Nebraskaj changing the
classification from R2 - Low Density Residential Zone, to RD.-Residential Development
Zone, of a certain areaj directing that such change and reclassification be shown on the
official zoning map of the City of Grand Island, Nebraska; and amending the provisions of
Section 36-7 to conform to such reclassification.
WHEREAS, the Regional Planning Commission on September 5, 1979, 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 17, 1979, the City Council found and
determined that the change in zoning be approved and grantedj
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,
Nebraska, to wit:
'Lot Two (2), Jack Bailey Subdivis~on in the City of
Grand Island, Nebraska,
be, and the same is, hereby rezoned and reclassified and changed to RD - Residential
Development Zone classification.
SECTION 2. That the official zoning map of the City of Grand Island be, and the same
is, hereby ordered to be changed, amended, and completed in accordance with this ordinance.
SECTION 3. That the finding and recommendation of the Regional Planning Commission
and the City Council of the City of Grand Island is 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 area as herein ordered and determined.
SECTION 5. That this ordinance shall be in force and take effect from and after its
passage, approval, and publication within fifteen days in one issue of the Grand Island
Daily Independent.
Enacted
October 1, 1979
ATrESTjf?~~
ity C er
, Mayor
LEGAL DEPARTME
..
ORDINANCE NO. 6497
.
An ordinance pertaining to zoning in the City of Grand Island, Nebraska; changing the
classification from M2 - Heavy Manufacturing Zone, to B2 - General Business Zone, of a
certain area within the City; directing that such change and reclassification be shown on
the official zoning map of the City of Grand Island, Nebraska; and amending the provisions
of Section 36-7 to conform to such reclassification.
WHEREAS, the Regional Planning Commission on September 5, 1979, 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 17, 1979, 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,
Nebraska, to wit:
Lots 3 and 4, Block 2, Nagy's Addition;
Lots 3, 4, 5, and 6, Block 7, Voitle's Addition;
Fractional Lot 6, and Lot 7, Block 5, Voit1e's Addition;
Lot 5,. and Fractional Lot 6, Block 132, Union Pacific
Railway Company's 2nd Addition, all in the City of Grand
Island, Nebraska;
be, and the same is, hereby rezoned and reclassified and changed to B2 - General Business
Zone classification.
SECTION 2. That the official zoning map of the City of Grand Island be, and the same
is, hereby ordered to be changed, amehded, and completed in accordance with this ordinance.
SECTION 3. That the finding and recommendation of the Regional Planning Commission
and the City Council of the City of Grand Island is 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 area as herein ordered and determined.
SECTION 5. That this ordinance shall be in force and take effect from and after its
passage, approval, and publication within fifteen days in one issue of the Grand Island
Daily Independent.
Enacted October 1, 1979
e
A=STjf?/dI'~
City Clerk
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LEGAL DEPARTME
.
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ORDINANCE NO. 6498
An ordinance assessing and levying a special tax to pay the cost of construction of
Water Main District No. 344 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 water main in said Water Main District No. 344, 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
17
18
19
20
21
14
15
16
17
18
19
20
21
22
23
24
25
2
3
4
5
6
7
8
9
10
11
12
13
14
15
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Mid-America Company
Mid-America Company
Mid-America Company
Mid-America Company
Paul J. and Dorann L. Bartels
Mid-America Company
Mid-America Company
Mid-America Company
Mid-America Company
Mid-America Company
Mid-America Company
Mid-America Company
Mid-America Company
Mid-America Company
Mid-America Company
Mid-America Company
Mid-America Company
Mid-America Company
Mid-America Company
Mid-America Company
Mid-America Company
Mid-America Company
Mid-America Company
Mid-America Company
Mid-America Company
Mid-America Company
Mid-America Company
Mid-America Company
Mid-America Company
Mid-America Company
Mid-America Company
E31'
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BLK
1
1
1
1
1
2
2
2
2
2
2
2
2
2
2
2
2
3
3
3
3
3
3
3
3
3
3
3
3
3
3
ADDITION
AMOUNT
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$671.70
671 . 70
671 .70
671 . 70
671 . 70
881. 00
803.55
803.55
803.55
803.55
803.55
803.55
803.55
803.55
803.55
803.55
300.12
29.04
706.74
706.74
706.74
706.74
706.74
706.74
706.74
706.74
-706.74
706.74
706.74
706.74
706.74
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SECTION 2. The special tax shall become delinquent as follows: One-fifth of the
. 'total amount shall become delinquent in fifty days; one-fifth in one year; one-fifth in two
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.
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ORDINANCE NO. 6498
(Cont'd)
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 as
the "Sewer and Water Extension Fund" for Water Main District No. 344.
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.
Enacted October 1, 1979.
ATTES/~/{rfd:L
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ORDINANCE NO. 6499
An ordinance assessing and levying a special tax to pay the cost of construction of
Street Improvement District No. 932 of the City of Grand Island, Nebraska; providing for the
collection of such special tax; and repealing any provisions of the Grand Islarld City Code,
ordinances, and parts of ordinances in conflict herewith.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. There is hereby assessed upon the following described lots, tracts, and
parcels of land, specially benefited, for the purpose of paying the cost of construction of
said Street Improvement District No. 932, as adjudged by the Council of the City, sitting as
a Board of Equalization, to the extent of benefits accrui~g 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:
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NAME LOT BLK ADDITION AMOUNT
Bernard Greenberger E 1/3 1 64 Original Town $78.64
F. Howard Hand E22' W44' 1 64 Original Town $78.64
Jane C. Cronin W 1/3 1 64 Original Town $78.64
Barbara Ann Gesas and Mary
Helen Williss ~v 1/3 2 64 Original Town $78.64
Louis M. and Estelle Cohen E44' 2 64 Original Town $157.29
Dick Valonis E 1/3 3 64 Original Town $78.65
Charles B. Paine, Alice L. Paine,
and Bayard H. Paine, Jr. 3 64 Original Town $157.29
West Third Development Company 4 64 Original Town $235.94
Ronald P. and Eleanor A. Jones N22' 8 64 Original Town $235.94
SECTION 2. The special tax shall become delinquent as follows: One-tenth shall
become delinquent in fifty days from date of this levy; one-tenth in one year; one-tenth in
two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-
tenth in six years; one-tenth in seven years; one-tenth in eight years; one-tenth in nine
years; provided, however, the entire amount so assessed and levied against each lot or tract
may be paid within fifty days from the date of this levy without interest, and the lien of
special tax thereby satisfied and released. Each such installment, except the first, shall
draw interest at the rate of seven percent per annum from the time of levy until the same
shall become delinquent. After the same shall become delinquent, interest at the rate of
nine percent 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 provided by law.
SECTION 4. Such special assessments shall be paid into a fund to be designated as the
"Paving Fund" for Street Improvement District No. 932.
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
October 1, 1979
-~~~MaYor
ATTEST, %.g'4:.~~-
Cloty Q er
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ORDINANCE NO. 6500
.
An ordinance assessing and levying a special tax to pay the cost of construction of
Sanitary Sewer District No. 441 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. 441, 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
--
James A. and Joan H. Welton
Howard W. and LaVerna E. Harris
1
W35' 2
West Geer Sub.
West Geer Sub.
$1,652.38
$295.45
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. Ech 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 as the
"Sewer and Water Extension Fund" for Sanitary Sewer District No. 441.
SECTION 5. Any provision of the Grand Island City Code, and any provison of any
ordinance, or part of ordinance, in conflict herewith, is hereby repealed.
Enacted October 1, 1979
ATTEST'/.('~....-?
Cl.ty C er.'
riz, Mayor
.
LEGAL DEPARTME'
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ORDINANCE NO, 65Q1
An ordinance to amend Ordinance No. 6465 pertaining to salary schedules, pay grades,
and pay ranges of municipal employees, by adding thereto, amending, or deleting therefrom
certain classifications of employees; providing for severability; providing for the effective
date thereof; and providing for publication.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. That Section 1 of Ordinance No. 6465 be amended by adding thereto the
following job classifications, pay grades, pay ranges, and hours of employment:
Operator I
Oper a tor II
11
13
20
737-1071
811-1178
1131-1640
40
40
40
Engineering Assista~t III
SECTION 2. That Section 1 of Ordinance No. 6465 be amended by amending the following
job classifications, pay grades, pay ranges, and hours of employment:
Lab Technologist 20 1131-1641 40
Electrical Engineer II 24 1365-1988 Unlimited
Electrical Engineer III, P.E. 29 1731-2532 Un lim i ted
Utilities Engineer III 27 1574-2298 Unlimited
IBEW BARGAINING UNIT
Storekeeper/Buyer 891-1296 40
SECTION 3. That Section 1 of Ordinance no. 6465 be amended by deleting the following
job classification, pay grade, pay range, and hours of employment:
Cert. Senior Engineer Tech.
20
1131-1641
Un lim i ted
SECTION 4. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section,
subsection, sentence, clause, or phrase thereof.
SECTION 5. The salary ranges set forth in this ordinance shall be effective for the
pay of city employees as of October 8, 1979.
SECTION 6. This ordinance shall be in force and take effect from and after its passage,
.approval, and publication in one issue of the Grand Island Daily Independent as provided by
law.
Enacted
October 1, 1979
ATTEST:
;;f~g;( ~-~--
City Cler
9 f..Jli~J.i<RLZ'
Mayor
,
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IS
rEGAL DEPARTME
.
.
ORDINANCE NO. 6502
An ordinance to maintain and create a capitalization fund
reserve for the operation and maintenance of the Water Pollution
Control Plant for the City of Grand Island, Nebraska; to provide
the effective date; and to provide for publication.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. There is hereby established for fiscal year
1979/1980 a guaranteed minimum amount of $100,000 which shall
be set aside within the existing Sewer Surplus Fund for main-
tenance and operation expenses of the Water Pollution Control
Plant.
Beginning fiscal year 1980/1981, and indefinitely thereafter,
a separate capitalization fund reserve with a minimum amount of
$100,000 will be established by the city clerk-finance director
for purposes of operating and maintaining the Water Pollution
Control Plant for the City of Grand Island, Nebraska.
Should either of the above funds fall below the $100,000
minimum, the City of Grand Island shall, within twelve months,
replenish said fund to the $100,000 minimum level.
SECTION 2. It is the intent of the City of Grand Island
to maintain the aforementioned capitalization fund for purposes
of providing emergency maintenance service on the Grand Island
Water Pollution Control Plant.
SECTION 3. This ordinance shall 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
October 15, 1979
ATTEST:
vPzr:h~r:;~~/,
City Clerk
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RM
19"79
LEGAL DEP ARTM E
.
. \
~
ORDINANCE NO. 6503
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 South Half (S~) of Section Eleven (11), Township Eleven (11)
North, Range Nine (9) West of the 6th P.M., 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 tracts of land and streets and highways in the South Half (S~) of
Section Eleven (11), 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 limts of
such City and as urban and suburban in character are not agricultural land rural
in character;
(b) Police, fire, snow removal, sanitary sewer and public water service will be
available as provided by law;
(c) The zoning classification of such tracts of land as shown on the official
zoning map of the City of Grand Island, Nebraska, is hereby confirmed;
(d) There is a unity of interest in the use of such tract of land and streets
and highways with the use of lots, lands, streets, and highway 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 South Half (S~) of Section Eleven (11) North,
Range Nine (9) West of the 6th P.M., Hall County, Nebraska, more particularly des~ribed as
follows:
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A tract of land in the South Half (S~) of Section Eleven (11), Township Eleven
(11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, more
particularly described as follows: Beginning at a point on the northerly
right-of-way line of U.S. Highway No. 30, said point also being the southwesterly
corner of Lot 4, Connell Industrial Park Subdivision; thence running southwesterly
along said northerly right-af-way line of U.S. Highway No. 30 to the southwesterly
corner of Lot 1, Connell Industrial Park Subdivision; thence continuing southwesterly
along said northerly right-of-way line a distance of two hundred thirty-eight
and five-tenths (238.5) feet; thence running North parallel to the West line
of Lot 1, Connell Industrial Park Subdivision, to the southerly right-of-way line
of the Union Pacific Railroad; thence running northeasterly along the southerly
right-of-way line of the Union Pacific Railroad a distance of two hundred thirty-
eight and five-tenths (238.5) feet to the Northwest corner of Lot 1, Connell
Industrial Park Subdivision; thence continuing northeasterly along said southerly
right-of-way line of Union Pacific Railroad a distance of one thousand four
hundred seventy-three and thirty-six one hundredths (1,473.36) feet to the
North-South line running through the center of said Section Eleven (11), this
point also being the northeasterly corner of Lot 2, Connell Industrial Park
Second Subdivision; thence running North along said North-South line, also
being the most westerly line of Lot 4, Connell Industrial Park Subdivision a
distance of two hundred twenty-two and sixty-three one hundredths (222.63) feet;
thence deflecting right and running northeasterly along the southerly right-of-
way line of the Union Pacific Railroad a distance of two hundred ninety-one
and seventy-nine one hundredths (291.79) feet; thence running East along the
.
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. .
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ORDINANCE NO. 6503 (Cont'd)
North line of Lot 4, Connell Industrial Park Subdivision, a distance of one
thousand sixty-six and eighteen one hudnredths (1,066.18) feet to the Northeast
corner of said Lot 4; thence running South on the East line of said Lot 4, a
distance of three hundred forty-four and ninety-two hundreds (344.92) feet;
thence running southwesterly along the southeasterly line of said Lot 4 a distance
of six hundred nine and no on-hundreds (609.0) feet; thence deflecting right
ninety degrees and no minutes (900 00') and running northwesterly one hundred
three and thirty-two one-hundredths (103.32) feet; thence deflecting left ninety
degrees and no minutes (900 00') and running southwesterly parallel to and three
hundred twenty (320)feet distant from the North right-of-way line of U.S. Highway
No. 30 a distance of five hundred eighty-two and five one-hundredths (582.05)
feet to the southwesterly line of said Lot 4, Connell Industrial Park Subdivision;
thence running southeasterly along the southwesterly line of said Lot 4 a distance
of three hundred twenty (320) feet to the point of beginning, said tract containing
fifty-one and thirty-seven one-hundredths (51.37) acres, more or less, all as
shown on the plat marked Exhibit "A" attached hereto and incorporated herein
by reference.
SECTION 4. Such tract of land and streets and highways are hereby annexed to the City
of Grand Island, Hall County, ~ebraska.
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 ana 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, and on November I, 1979.
Enacted
October 15. 1979
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ORDINANCE NO. 6504
. 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 (E~) of Section Eleven (11) North, Range
Nine (9) West of the 6th P.M., H~ll 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 tracts of land and streets and highways in the East Half (E~)
of Section Eleven (11), 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;
(b) Police, fire, snow removal, sanitary sewer, and public water service benefits
are available thereto as provided by law;
(c) The zoning classification of such tracts of land as shown on the official
zoning map of the City of Grand Island, Nebraska, is hereby confirmed;
(d) There is a unit 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
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
tracts of land and streets and highways in the East Half (E~) of Section Eleven (11),
Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska,
more particularly described as follows:
A tract of land located in the East Half (E~) of Section Eleven (11), Township
Eleven (11) North, Range Nine (9) West of the 6th P.M.; Hall County, Nebraska,
more particularly described as follows: Beginning at a point on the southerly
right-of-way line of the Union Pacific Railroad and thirty-three (33) feet West
of the East line of Section Eleven (ll), Township Eleven (ll) North, Range Nine
(9) West of the 6th P.M., Hall County, Nebraska; thence running South parallel
to and thirty-three (33) feet distant from the East line of said Section Eleven
(11) to a point on the southerly right-of-way line of U.S. Highway No. 30; thence
running southwesterly on the southerly right-of-way line of U.S. Highway No. 30,
said line being a large radius curve to the right a distance of one hundred
sixty-three and six-tenths (163.6) feet; thence deflecting left at right angles
and running southeasterly a distance of thirteen (13) feet; thence deflecting
right at right angles and running southwesterly along the southerly right-of-way
way line of U.S. Highway No. 30 a distance of nine hundred twenty-nine and two-
tenths (929.2) feet; thence deflecting right and running northwesterly a distance
of ninety (90.0) feet to a point on the northerly right-of-way line of U.S.
Highway No. 30, said point being three hundred seven (307) feet northeasterly
from the intersection of said northerly right-of-way line with the West line
of the East Half of the Southeast Quarter (E~SE%) of said Section Eleven (11);
thence continuing northwesterly on the prolongation of the last described course
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ORDINANCE NO. 6504 (Cont' d) .
a distance of two hundred eighteen and two-tenths (218.2) feet; thence deflecting
left and running southwesterly to a point twenty and no one hundredths (20.0)
feet East of the West line of the East Half of the Southeast Quarter (E~SE%) of
said Section Eleven (11) and two hundred thirty and no one-hundredths (230.0)
feet North of the northerly right-of-way line of U.S. Hwy. No. 30; thence West a
distance of twenty and no one-hundredths (20.0) feet to the West line of the
East Half of the Southeast Quarter (E~SE%); thence running North along the West
line of the East Half of the Southeast Quarter (E~SE%) of Section Eleven (11)
a distance of three hundred forty-seven and sixty-two hundredths (347.62) feet
to the Southeast corner of the Southwest Quarter of the Northeast Quarter
(SW\NE\) of said Section Eleven; thence running West on the South line of the
Southwest Quarter of the Northeast Quarter (SW%NE\) of Section Eleven (11) a
distance of one-thousand sixty-six and eighteen one-hundredths (1,066.18) feet
to the southerly right-of-way line of the Union Pacific Railroad; thence
running northeasterly along' the southerly right-of-way line of the Union Pacific
Railroad to the point of beginning, said tract containing 41.39 acres, more or
less, all as shown on the plat marked Exhibit "A" attached hereto and incorporated
herein by reference.
SECTION 3. Such tracts of land and streets and highways are hereby annexed to the City
of Grand Island, Hall County, Nebraska.
SECTION 4. Upon the taking effect of this ordinance, the police, fire and snow removal
services of such City shall be furnished to the tracts of land and streets and highways
herein annexed, and water service and sanitary sewer will be available as provided by law.
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, subsection, clause, or phrase separately.
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, without the plat, as provided by law, and on November 1, 1979.
Enacted October 15, 1979
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ORDINANCE NO. 6505
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An ordinance creating Street Improvement District No. 992, defining the boundaries of
the district, and providing for the improvement of a street within the district by paving,
guttering, and all incidental work in connection therewith.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. Street Improvement District No. 992 in the City of Grand Island, Nebraska,
is hereby created.
SECTION 2. The boundaries of the district shall be as follows:
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Beginning at a point where the South line of Lot One (1), Loescher Subdivision,
intersects the West line of Section Eight (8), Township Eleven (11) North, Range
Nine (9) West of the 6th P.M., Hall County, Nebraska; thence running East on the
South line of Lots One (1) and Two (2) of Loescher Subdivision, to a point fifteen
(15) feet West of the East line of said Lot Two (2); thence running North .parallel
to and fifteen (15) feet distant from the East line of said Lot Two (2) a distance
of two hundred ten and no one-hundredths (210.0) feet to the North line of said
Lot Two (2); thence running East on the North line of said Lot Two (2) and the
North line of Lot Twenty-one (21) in Block One (1), Island Acres No.2, a distance
of one hundred eighteen and no one-hundredths (118.0) feet to the West line of
Isle Road; thence running South on the West line of Isle Road a distance of one-
hundred twenty-three and five-tenths (123.5) feet to a point being ninety-three and
five-tenths (93.5) feet North of the North line of Thirteenth Street; thence running
East on a line parallel to and ninety-three and five-tenths (93.5) feet distant
from the North line of Thirteenth Street a distance of six hundred fifty-one and
no one-hundredths (651.0) feet to the East line of Piper Street; thence running
North on the East line of Piper Street a distance of two hundred six and five-
tenths (206.5) feet; thence running East on a line parallel to and three hundred
and no one-hundredths (300.0) feet North of the North line of Thirteenth Street
a distance of three hundred sixty and no one-hundredths (360.0) feet to the East
line of Hancock Avenue; thence running North on the East line of Hancock Avenue
a distance of seven and no one-hundredths (7.0) feet; thence running East on a
line parallel to and three hundred and no one-hundredths (300.0) feet North of
the North line of Thirteenth Street a distance of four hundred fifty and ninety-
three one-hundredths (450.93) feet to the East line of Imperial Village Third
Subdivision; thence running South on the East line of Imperial Village Third
Subdivision a distance of seven and no one-hundredths (7.0) feet; thence running
East on a line parallel to and three hundred and no one-hundredths (300.0) feet
North of the North line of Thirteenth Street a distance of five hundred twenty-
six and no onehundredths (526.0) feet to the East line of Howard Place; thence
running North on the East line of Howard Place a distance of seven and no one-
hundredths (7.0) feet; thence running East parallel to and three hundred and no
one-hundredths (300.0) feet North of the North line of Thirteenth Street a distance
of two hundred seventy-five and no one-hundredths (275.0) feet to the West line
of Custer Avenue; thence running South on the West line of Custer Avenue a distance
of two hundred and no one-hundredths (200.0) feet; thence running East on a line
parallel to the North line of Thirteenth Street, said line also being the South
line of the alley running through Block One (1) in Cunningham Subdivision and its
easterly and westerly prolongations, a distance of six hundred eighty-six and
nine-tenths (686.9) feet to the East line of Kruse AVenue; thence running North on
the East line of Kruse Avenue a distance of seventy-five and no one-hundredths
(75.0) feet; thence running East on a line parallel to artd one hundred eighty-
two and no one-hundredths (182.0) feet North of the North line of Thirteenth
Street a distance of six hundred thirty-two and no one-hundredths (632.0) feet
to the West line of Ruby Avenue lying North of Thirteenth Street; thence running
South on the West line of Ruby Avenue a distance of one hundred eighty-two and
no one-hundredths (182.0) feet to the North line of Thirteenth Street; thence
running East on a line parallel to the centerline of Thirteenth Street a distance
of forty and no one-hundredths (40.0) feet to the East line of the West Half of
the Southeast Quarter (W~SEt) of Section Eight (8),. Township Eleven (11) North,
Range Nine (9) West of the 6th P.M., Hall County, Nebraska; thence running South
on the East line of the West Half of the Southeast Quarter (W~SEt) of said Section
Eight (8) a distance of sixty-six and no one-hundredths (66.0) feet to the South
line of Thirteenth Street; thence running West a distance of sixty and no one-
hundredths (60.0) feet to a point where the South line of Thirteenth Street
intersects the West line of Ruby Avenue lying South of Thirteenth Street; thence
running South on the West line of Ruby Avenue a distance of three hundred and
no one-hundredths (300.0) feet; thence running West parallel to and three hundred
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ORDINANCE NO. 6505 (Cont'd)
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and no one-hundredths
(300.0) feet South of the South line of Thirteenth Street, a distance
of one thousand two hundred ninety-three and seventy-four one-hundredths
(1,293.74) feet, more or less, to the West line of Custer Avenue; thence running
North along the West line of Custer Avenue a distance of two and no one-hundredths
(2.0) feet; thence running West parallel to and two hundred ninety-eight and no
one-hundredths (298.0) feet South of the South line of Thirteenth Street a
distance of one thousand three hundred twenty and no one-hundredths (1,320.0)
feet, more or less, to the West line of Hancock Avenue; thence running South
on the West line of Hancock Avenue a distance of nine and no one-hundredths (9.0)
feet; thence running West parallel to and three hundred and no one-hundredths (300.0)
feet South of the South line of Thirteenth Street a distance of five hundred
sixty-seven and forty-five one-hundredths (567.45) feet to the West line of
Block One (1) in Colonial Estates Subdivision; thence running North on the West
line of said Block One (1) in Colonial Estates Subdivision a distance of seven
and no one-hundredths (7.0) feet; thence running West parallel to and three
hundred and no one-hundredths (300.0) feet South of the South line of Thirteenth
Street to a point lying four hundred twenty-eight and no one-hundredths (428.0)
feet East of the centerline of Webb Road; thence West southwesterly parallel
to and three hundred and no one-hundredths (300.0) feet South of the South line
of Thirteenth Street to a point lying three hundred sixty-six and five-tenths
(366.5) feet East of the centerline of Webb Road; thence running North parallel
to and three hundred sixty-six and five-tenths (366.5) feet East of the centerline
of Webb Road a distance of three hundred and no one-hundredths (300.0) feet to
the South line of Thirteenth Street; thence running West southwesterly on the
South line of Thirteenth Street to a point lying two hundred fifty and no one-
hundredths (250.0) feet East of the centerline of Webb Road; thence running West
on the South line of Thirteenth Street a distance of one hundred nine and eight-
tenths (109.8) feet to the West line of the Northwest Quarter (NW\) of Section
Seventeen (17), Township Eleven (11) North, Range Nine (9) West of the 6th P.M.,
Hall County, Nebraska; thence running North on the West line of said Northwest
Quarter (NW\) of Section Seventeen a distance of fifty-three and no one-
hundredths (53.0) feet to the centerline of Thirteenth Street, this point also
being the Southwest corner of the Southwest Quarter (SW\) of Section Eight (8),
Township Ele~en (11) North, Range Nine (9) West of the 6th P.M., Hall County,
Nebraska; thence continuing North on the West line of the Southwest Quarter (SW\)
of said Section Eight (8) a distance of forty and no one-hundredths (40.0) feet
to the point of beginning, all as showing 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:
Thirteenth Street between Webb Road and Ruby Avenue.
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 trom 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
October 1 5, 1979.
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ORDINANCE NO. 6506
An ordinance to amend Section 1 of Ordinance No. 6497
pertaining to zoning; to repeal the original Section 1; and
to provide the effective date thereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That Section 1 of Ordinance No. 6497 be amended
to read as follows:
"Section 1. That Lots 5 and 6, Block 2, Nagy's Addition
to the City of Grand Island, Hall County, Nebraska, be,
and the same are, hereby rezoned and reclassified and
changed to B2 - General Business Zone classification; and
Lots 3 and 4, Block 2, Nagy's Addition;
Lots 3, 4, 5, and 6, Block 7, Voitle's Addition;
Fractional Lot 6, and Lot 7, Block 5, Voitle's Addition;
Lot 5, and Fractional Lot 6, block 132, Union Pacific
Railway Company's 2nd Addition, all in the City
of Grand Island, be, and the same are, hereby rezoned and
reclassified and changed to R4 - High Density Residential
Zone classification."
SECTION 2. That the original Section 1 of Ordinance No.
6497 is hereby repealed.
SECTION 3. That this ordinance shall be in force and take
effect from and after its passage, approval, and publication
within fifteen days in one issue of the Grand Island Daily
Independent.
Enacted . October 15, 1979
ATTEST:
(t:P-,{p4e/t!Z~~
City ClerK
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APPROVED AS TO FOR~JI
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OCT 1 0 1979
LEGAL DEPARTMF
ORDINANCE NO. 6507
.
An ordinance creating Street Improvement District No. 993; defining the boundaries of
the district; providing for the improvement of streets within the district by paving, guttering,
and all incidental work in connection therewith; and to provide for an 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. 933 in the City of Grand Island, Nebraska,
is hereby created
SECTION 2. The boundaries of the district shall be as follows:
All of Lots 1 through 31 inclusive, of Fonner View Second Subdivision,
all as shown on the plat marked Exhibit "A" attached hereto and
and incorporated herein by reference.
SECTION 3. The following streets in the district shall be improved by paving, curbing,
guttering, and all incidental work in connection therewith:
Orange Road from the existing paving in Fonner View Subdivision N6rth
to and around Orange Road cul-de-sac; Hall Street from Orange Road to
Stuhr Road; Hall Court from Hall Street to and around Hall Court
cul-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 bylaw.
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
creaton 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 October 29, 197.2..-.
9t~~
Ro ert Io!-Knz, Mayor
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ORDINANCE NO. 6508
An ordinance creating Sanitary Sewer District No. 449 in the City of Grand Island,
Nebraska; defining the boundaries of the district; providing for the laying of a
sanitary sewer main in said district; providing for plans and specifications and securing
bids; providing for the assessment of special taxes for constructing such sewer and
collection thereof; andtto provide for the effective date thereof.
BE IT ORDIANED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. Sanitary Sewer District No. 449 of the City of Grand Island, Nebraska,
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is hereby created for the laying of an eight (8) inch, or 20.32 centimeters, vitrified
clay, or po1yvina1ch1oride plastic pipe line, and appurtenances thereto.
SECTION 2. The boundaries of such sanitary sewer district shall be as follows:
All of Lots 1 through 31 inclusive, of Fonner View Second
Subdivision, said sewer to join the sanitary sewer known
as Sanitary Sewer District No. 424, as shown on the plat
marked Exhibit "A", attached hereto and incorporated herein
by ref;erence.
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 upon approval of; the same, bids for the
construction of such sanitary sewer shall be taken and contracts entered into in the
manner provided by law.
. SECTION 4. The cost of construction of such improvements shall be assessed against
the property within the district abutting upon the street or other right-of-way
within which such sanitary sewer main will be constructed within such sewerage district
to the extent of; benefits to such property by reason of such improvement, and a special
tax shall be levied at one time to pay for such cost of construction as soon as can
be ascertained, as provided by law; and, provided further, such special tax and assess-
ments shall constitute a sinking f;und for the payment of any bonds with interest issued
for the purpose of paying the cost of such sewer in such district; such special assess-
ments shall be paid and collected in a fund to be designated and known as the Sewer
and Water Extension Fund, and out of which all warrants issued for the purpose of paying
the cost of such sanitary sewer shall be paid.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval, and publication, without the plat, as provided by law.
SECTION 6. Th.is ordinance, with. the plat, is hereby directed to be filed in the
office of the Register of Deeds of Hall County, Nebraska.
SECTION 7. After passage, approval, and publication of this ordinance without
the plat, notice of the creation of said district shall be published in the Grand Island
Daily Independent, a legal newspaper published and of general circulation in said City,
as provided by law.
Enacted October 29, 1979
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ATTEST:
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ORDINANCE NO. 6509
.
An ordinance creating Street Improvement District No. 994; defining the boundaries
of the district; providing for the improvement of streets within the district by paving,
guttering and all incidental work in connection therewith; and to provide for an
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. 994 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 on the South line of Fonner Park Road, said
point being the Northwest corner of Lot 1, O'Neill Subdivision;
thence running west on the South line of Fonner Park Road for a
distance of 60 feet, or 18.288 nleters, to the Northeast corner
of Lot l,O'Neill Second Subdivision; thence running South on
the East line of O'Neill Second Subdivision for a distance of
62.545 feet, or 19.064 meters; thence running West on a line
parallel to and 62.545 feet, or 19.064 meters, South of the South
line of Fonner Park Road, for a distance of 230.41 feet, more or
less, or 70.229 meters, more or less; thence running South on a
line parallel to and 230.41 feet, more or less, or 70.229 meters,
more or less, West of the West line of Sylvan Street for a
distance of 143 feet, more or less, or 43.586 meters, more or
less; thence running West on a line parallel to and 205.545 feet,
more or less, or 62.650 meters, more or less, South of the South
line of Fonner Park Road for a distance of 90.29 feet, more or
less, or 27.520 meters, more or less, to the Wes~ line of O'Neill
Second Subdivision; thence running North on the West line of
O'Neill Second Subdivision and the North prolongation of the
West line o;E said subdivision for a distance of 585.545 feet,
more or less, or 178.474 meters, more or less; thence running
East on a line parallel to and 340 feet, or 103.632 meters, North
of the North line of Fonner Park Road for a distance of 320.7 feet,
or 97.749 meters; thence ~unning South on a line parallel to
and 320.7 feet, or 97.749 meters, East of the North prolongation
of the West line of O'Neill Second Subdivision for a distance of
300 feet, or 91.440 meters; thence running East on a line
parallel to and 40 feet, or 12.192 meters, North of the North
line of Fonner Park Road for a distance of 60 feet, or 18.288
meter~; thence running South on the North prolongation of the
East line of Sylvan Street for a distance of 80 feet, or 24.384
meters, to the Northwest corner of Lot 1, O'Neill Subdivision,
being the point of beginning, all as shown on the plat marked
Exhibit "A" attached hereto and incorporated herein by reference.
SECTION 3. The following streets in the district shall be improved by paving,
curbing, guttering, and all incidental work in connection therewith:
Fonner Park Road ;Erom the east line of Sylvan Street west 380.7 feet.
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
.
LEGAL DEPARTME
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ORDINANCE NO. 6509 (Cont' d)
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 passag~, 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 October 29.1979. .
:pLfn~. Kriz. Mayor
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ORDI~ANC~ ~O, 6510
An ordinance rezoning a certain area beyond the corporate boundaries of the City of
Grand Island, Nebraska, but within the zoning jurisdiction; changing the classification
of such tract; directing that such zoning changes and classifications be shown on the
official zoning map of the City of Grand Island; amending the provisions of Section 36-7
of the Grand Island City Code to conform to such reclassification; repealing conflicting
ordinances; and providing the effective date of this ordinance.
WHEREAS, the Regional Planning Commission on October 3, 1979, 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 October 15, 1979, 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:
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SECTION 1. That the following described tract of land in Hall County, Nebraska, to wit:
A tract of land comprising all of the northerly four hundred
ninety-six and five-tenths (496.5) feet of 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, lying West of the westerly right-of-way line of the
Union Pacific Railroad, said tract containing 4.401 acres, more
or less; .
be rezoned and reclassified and changed to R3 - Medium Density Residential Zone
classification.
SECTION 2. That the official zoning map of the City of Grand Island, Nebraska, be,
and the same is, hereby ordered to be changed, amended, and completed in accordance with
this ordinance.
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 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.
Enacted
October 29, 1919
. Kr~z, Mayor
ATTEST: ~~//
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City Clerk
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ORDINANCE NO. 6511
An ordinance assessing and levying a special tax to pay the cost of Sanitary Sewer
District No. 380 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. 380, as adjudged by the Council of said
City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by
reason of such improvement, after due notice having been given thereof as provided by law;
and, a special tax for such cost of construction is hereby levied at one time upon the lots,
tracts, and lands as follows;
NAME
DESCRIPTION
AMOUNT
McCloud Super 8 Motel, Inc. A tract of land comprising a part of Lot
25, Matthews Subdivision in the City of
Grand Island, more particularly described as beginning at the Northwest
corner of said. Lot 25; thence East along the North lot line of Lot 25
a distance of 822.48 feet to the Northeast corner of said Lot; thence
South on the East line of Lot 25 a distance of 324.65 feet to the center
line of the Wood River; thence deflecting right 230 55' 50" and running
Southwest along the center line of the Wood River a distance of 98.4 feet;
thence deflecting right 630 39' 10" and running West 417.33 feet; thence
deflecting right 910 53' and running North 168.21 feet; thence deflecting
left 900 01' 50" and running West 361.5 feet to the West line of Lot 25;
thence North on the West line of Lot 25 a distance of 268.33 feet to the
point of beginning $22,441.82
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;
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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 ag~inst 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 instatlments,
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 as the
"Sewer and Water Extension Fund" for Sanitary Sewer District No. 380.
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
October 29, 1979
Mayor
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ORDINANCE NO. 6512
An ordinance assessing and levying a special tax to pay the cost of construction of
Street Improvement District No. 742 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 Street Improvement District No. 742, 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
ADDITION
BLK
--I
E32' 15 Windo1ph' s
of E72 I 15 "
of E-'2 15 "
WlzW-'2 16 "
E%W~ 16 "
West 132' of a tract described as
part of N-'2NE\ Sec 21-11-9, beginning
at a point where the North line of Oklahoma Avenue intersects
the West line of Greenwich Avenue; thence northerly along the
West line of Greenwich Avenue 144.85'; thence westerly at right
angles 264'; thence southerly 145.4'; thence easterly on the
North line of Oklahoma Avenue 164' to the point of beginning
Clarence A. and Frances Braun
Raymond and Ruth Fal1dorf W40'
Harold G. and Evalene A. Day W60'
Donald D. and Marceline Y. Forst
Bonnie L. and Virgil M. Dallege
Kelly Supply Company
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John Claussen Sons Company
West 132' of a tract 131' North
and South and 211' East and West,
East of Lincoln and South of Oklahoma
George P. and Ann Marie Skibinski W-'2
Leo W. and Helen L. Hineline
Leroy H. and Emilie Ritter
Donzel R. and Emily M. VanDyke
Sandra J. Sevy and Mary R. Puente
Stephen J. and Deborah J. Thuernagle
Joseph P. and Mary M. Tyma
Kathryn M. Cochenour
Stanley R. and Marlene L. Brondel
Ray W. Empfield
Reginald D. Ault, Sr., and Glenda R. Ault
Wylie P. and Heidemarie H. A. Brown
Richard L. and Sherry L. Stueven
Duane A. and Jana Kay Westphalen
Carolyn M. Boerkircher
B & Y Building Supply, Inc. E300'
Farmers Union Cooperative Elevator Assoc.
3 2 Glover's
4 2 "
5 2 "
13 1 Sothman's
14 1 "
15 1 "
16 1 "
17 1 "
18 1 "
19 1 "
20 1 "
21 1 "
22 1 "
23 1 "
24 1 "
1 B & Y
Easterly 300' of a tract
having a frontage of 954.17'
on Lincoln Avenue, being a
part of S~NE\ See 21-11-9
Island Supply Company Easterly 132' of a tract described as
being part of WlzNE~ Sec. 21-11-9, beginning
at a point being the intersection of west line of Lincoln Avenue
and the south line of Oklahoma Avenue; thence south 131' to the
North ROW line of CB & Q Belt1ine; thence southwesterly along said
Railroad ROW to the East ROW line of Washington Street; thence
North to South line of Oklahoma Avenue; thence East on South line
of Oklahoma 264' to point of beginning
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MlOUNT
$1,331. 74
1,102.14
939.31
1,918.45
1,077.08
3,503.28
3,156.33
321. 56
1,017.59
1,949.70
1,294.02
1,223.43
1,223.43
1,223.43
1,223.43
1,223.43
1,223.43
1,223.43
1,223.43
1,223.43
1,223.43
1,294.02
10,566.23
27,955.17
3,212.55
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ORDINANCE NO.65l2
(Cont'd)
. Art Kraft Signs, Inc. Easterly 132' of a tract of land
comprising a part of NE~ Sec 21--11-9,
beginning at the southeast corner of former Block 10,
South Park Addition (now vacated); thence southwesterly
along south line of Block 10 a distance of 226.83' to a
point 12.5' radially distant southeasterly from center line
or Railroad TracK, said track being curved concave with
a radius of 573.7' a chord distance of 253.99' to a point
on the easterly line of former Block 10; thence southeasterly
116.48' to the point of beginning
$2,318.17
John Preisendorf, Jr. Easterly 132' of a tract of land in
NW~NE~ Sec 21-11-9, described as
beginning at southwest corner of Block 15, Windolph's Addition;
thence southeasterly along the east line of Washington Street
145.5'; thence northeasterly along the north line of Oklahoma
Avenue 264'; thence northwesterly on the west line of Lincoln
Avenue 146' to southeast corner of Block 15, Windolph's Addition;
thence southwesterly 264' to the point of beginning
$3,503.28
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, hwoever, the entire amount so assessed and levied against each lot or tract
may be paid within fifty days from the date of this levy without interest, and the lien of
special tax thereby satisfied and released. Each such installment, except the first, shall
draw interest at the rate of seven percent per annum from the time of levy until the same
shall become delinquent. After the same shall become delinquent, interest at the rate of
nine percent 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 provided by law.
SECTION 4. Such special assessments shall be paid into a fund to be designated as the
"Paving Fund" for Street Improvement District No. 742.
SECTION 5. Any provision of the Grand Island City Code, and any provision of any ord-
inance, or part of ordinance, in conflict herewith, is hereby repealed.
Enacted
October 29, 1979. .
9- L a#-hriZ, Mayor
ATTEST:
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ORDINANCE NO. 6513
An ordinance assessing and levying a special tax to pay the cost of construction of
Street Improvement District No. 951 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 Street Improvement District No. 952, 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
Freddie Richard and Audrey T. Lee 1 81 Wheeler & Bennett's
Fourth $1,038.99
~!_i Leo W. and Helen L. Hineline 2 81 II 916.58
:2: Leo W. and Helen L. Hineline 3 81 " 1,038.99
I- Wendell E. and Cecile L. Doehling 4 81 II 916.58
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<C Ramon C. and Ruth N. Ramos 5 81 II 916.58
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W Larry and Judy Maupin 6 92 II 882.97
0 Carol J. Price 7 92 " 882.97
-I Jerry G. and Cindy C. Ross 8 92 " 882.97
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(9 Jerry G. and Cindy C. Ross W~ 9 92 II 441. 48
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-I Donald H. and Annie M. Meredith E~ 9 92 II 441. 48
Donald H. and Annie M. Meredith 10 92 II 882.97
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 percent per annum from the time of levy until the same
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 provided by law.
SECTION 4. Such special assessments shall be paid into a fund to be designated as
the "Paving Fund" for Street Improvement District No. 951.
SECTION 5. Any provision of the Grand Island City Code, and any provision of any ord-
inance, or part of ordinance, in conflict herewith, is hereby repealed.
Enacted
October 29. 1979
?~~.
Kriz, Mayor
A'I:TEST:
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City Clerk
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ORDINANCE NO, 6514
An ordinance assessing and levying a special tax to pay the cost of construction of
Street Improvement District No. 952 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 i.n conflict herewith.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. There is hereby assessed upon the following described lots, tracts, and
parcels of land, specially benefited, for the purpose of paying the cost of construction
of said Street Improvement District No. 952, 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
1 7 Packer & Barr's $1,124.21.
2 7 " 1,124.21
3 7 It 1,124.21
4 7 It 562.10
4 7 '\ 562.10
5 7 .. 1,124.21
6 8 " 1,124.21
7. 8 " 1,124.21
8 8 10 1,124.21
9 8 " 749.46
.10 8 10 749.46
9 8 10 374.74
10 8 10 374.74
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Thomas J. and Anita Sturtevant
Edward and Clara Janda
Carl and Viola E. Ewoldt
Carl and Viola E. Ewoldt
John H. Dixon and Joy L. Dixon
John H. Dixon and Joy L. Dixon
Rita P. Prince
Lawrence R. and Nancy J. Badura
Daniel and Gertrude Gates
Oscar and Mildred T. Sorgenfrei
Oscar and Mildred T. Sorgenfrei
Raymond W. Chamberlain
Raymond W. Chamberlain
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N28'
SECTION 2. The special tax shall become delinquent as follows: One..tenth shall become
delinquent in fifty days from date of this levy; one-tenth in one year; one-tenth in two
years; one-tenth in three years; one~tenth in four years; one-tenth in five years; one-tenth
in six years; one-tenth in seven years; one-tenth in eight years; one-tenth in nine years;
provided, however, the entire amount so assessed and levied against each lot or tract may be
paid within fifty days from the date of this levy without interest, and the lien of special
tax thereby satisfied and released, Each such installment, except the first, shall draw
interest at the rate of seven percent per annum from the time of levy until the same shall
become delinquent. After the same shall become delinquent, interest at the rate of nine
percent 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 provided by law.
SECTION 4. Such special assessments shall be paid into a fund to be designated as the
"Paving Fund" for Street Improvement District No. 952.
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 October 29. 1979
ATTEST:
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ORDINANCE NO. 6515
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An ordinance assessing and levying a special tax to pay the cost of construction of
Street Improvement District No. 953 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 Street Improvement District No. 953, 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
ADDITION
BLK
Teddy Joe and Vivian M. Wolford South 32' of a tract described as
being part of Lot 1, Garrett's
Subdivision, beginning at a point 344.55' North and 33' West
of the Southeast corner of NE~ Sec. 9-11-9, which point is
313.6' North of Southeast corner of said Lot 1; thence West
190'; thence North 55'; thence East 190'; thence South 55'
to the point of beginning
Part of Lot 1, Garrett's
Subdivision, beginning at a point
122.55' North and 33' West of Southeast
corner of NE~, Sec. 9-11-9, which point.is 92' North of the
Southeast corner of said Lot 1; thence West 190'; thence North
60'; thence East 190'; thence South 60' to the point of beginning
Genaro Guardiola, Jr., and
Jenny Guardiola
John P. and Isabel M. Weinert 1 Weinert
John P. and Isabel M. Weinert 2 Weinert
John P. and Isabel M. Weinert 3 Weinert
Charles J. and Ruth M. Hoke 3 1 George Loan's
Clement and Rose Goehring 4 1 George Loan's
Floyd R. and Dora K. Elrod 5 1 George Loan's
Floyd R. and Dora K. Elrod 6 1 George Loan's
Jean L. Hasselmann Cornelius W138.75' of S70.79' 27 County Sub
Arnold C. and Helen L. Wenn W138.75' 26 County Sub
Jesse Winfrey, Trustee 8 4 Pleasant Hill
Jesse Winfrey, Trustee 9 4 Pleasant Hill
Jesse H'infrey, Trustee 10 4 Pleasant Hill
Jesse Winfrey, Trustee 11 4 Pleasant Hill
Jesse L. and Opal Winfrey 12 4 Pleasant Hill
John P. and Isabel M. Weinert 13 4 Pleasant Hill
John P. and Isabel M. Weinert 14 4 Pleasant Hill
Terry E. and Linda S. Cranston Fr. 1 Capitol Hill
James F. and Glenna J. Lentz 2 Capitol Hill
George and Ruby Berumen 3 Capitol Hill
Zona D. Dunham and Merle E. Smallwood Pt 4 Capitol Hill
Zona D. Dunham and Merle E. Smallwood Pt E6' 5 Capitol Hill
George and Ruby Berumen Pt W44' 5 Capitol Hill
Kathlienne Sorahan Pt 11 Capitol Hill
Kathlienne Sorahan 12 Capitol Hill
Kathlienne Sorahan 13 Capitol Hill
Kathlienne Sorahan 14 Capitol Hill
Kath1ienne Sorahan Fr 15 Capitol Hill
Peter J. and Arleta J. Levering 1 Levering
Peter J. and Arleta J. Levering E54.4' 2 Levering
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AMOUNT
$.313.82
$578.15
578.60
490.34
515.84
363.81
775.57
775.57
36.3.81
623.37
1,165.72
290.59
290.59
290.59
290.59
290.59
290.59
340. 79
634.96
423.93
268.73
95.91
8.83
13.08
22.52
182.04
365.24
529.00
243.87
718.16
294.84
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ORDINANCE NO. 6515
(Cont'd)
SECTION 2. The special tax shall become delinquent as follows: One-tenth shall become
delinquent in fifty days from date of this levy; one-tenth in one year; one-tenth in two
years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth
in six years; one-tenth in seven years; one-tenth in eight years; one-tenth in nine years;
provided, however, the entire amount so assessed and levied against each lot or tract may
be paid within fifty days from the date of this levy without interest, and the lien of special
tax thereby satisfied and released. Each such installment, except the first, shall draw
interest at the rate of seven percent per annum from the time of levy until the same shall
become delinquent. After the same shall become delinquent, interest at the rate of nine
percent 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 provided by law.
SECTION 4. Such special assessments shall be paid into a fund to be designated as the
"Paving Fund" for Street Improvement District No. 953.
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
October 29, 1919
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. ROBERT.1tr: KRIZ, Mayor
ATTEST:
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ORDINANCE NO. 6516
An ordinance assessing and levying a special tax to pay the cost of construction of
Street Improvement District No. 961 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 Street Improvement District No. 961, 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
Arthur F. and Ellen L. Lucas N73' 4 2 Nagy's $1,180.51.
Thomas Dean Erickson, et a1 S59' of N107' 4 2 " 954.11
Rlaph H. Bady N44' 5 2 II 711.54
Jerome G. and Janet E. Boltz S88' 5 2 " 1,423.08
Ralph H. and Frida Bady N88' 1 3 " 1,423.08
Leon C. and Penelope R. McConnell S44' 1 3 " 711. 54
Roger D. and LaVerne E. Steeves Fr. 2 3 II- 1,001.33
Janice C. James 7 3 II 1,001.33
Marvin and Myrtle Keller N33' 8 3 " 533.65
Ann M. Morris S52' 8 3 II 840.90
Harold D. rannan and Martha Brannan
N47' of S99' 8 3 " 760.05
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
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years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth
in six years; one-tenth in seven years; one-tenth in eight years; one-tenth in nine years;
provided, however, the entire amount so assessed and levied against each lot or tract may be
paid within fifty days from the date of this levy without interest, and the lien of special
tax thereby satisfied and released. Each such installment, except the first, shall draw
interest at the rate of seven percent per annum from the time of levy until the same shall
become delinquent. After the same shall become delinquent, interest at the rate of 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 provided by law.
SECTION 4. Such special assessments shall be paid into a fund to be designated as the
"Paving Fund" for Street Improvement District No. 961.
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
October 29. 1979
-9~~h.~IZ' Mayor
ATTEST:
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City Clerk
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ORDINANCE NO, 6517
An ordinance assessing and levying a special tax to pay the cost of construction of
Street Improvement District No. 963 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 Street Improvement District No. 963, 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
land s , as follows:
NAME LOT ADDITION AMOUNT
Paul Hand Virginia E. Schneider 34 West Heights $778.32
William D. and Joyce G. Gaden 35 " 778.32
Marvin L. and Alice L. Clement 36 " 778.32
Edward D. and E. Darlene Ulrich 37 " 778.32
Lloyd H. and Thelma L. Smith 38 " 778.32
Howell G~ and Mary A. Oldham 39 " 778.32
Albert J. and Ruth W. Pokorney .40 " 778.32
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:2: Albert J. and Ruth W. Pokorney 41 " 778.32
f- David A. and Cathrine Dumont 42 " 778.32
0:: Ronald E. and Barbara A. Hull 43 " 1,227.99
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Cl.. Wirth W. and Doris E. Wilson 44 " 650.87
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0 Howell G. and Mary A. Oldham 45 " 351. 27
-J Daniel R. and Effie L. Janc 52 " 351. 27
<( Gilbert Daniel and Janelle D. Reher 53 " 650.87
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-J Lorna Elrod 55 " 1,227.99
Gregory T. and Susan M. Stevenson 56 " 650.87
Lowell J. and Glenda G. Tuma 57 " 351. 26
SECTION 2. The sp~cial tax shall become delinquent as follows: One-tenth shall become
delinquent in fifty days from date of this levy; one-tenth in one year; one-tenth in two years;
one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six
years; one-tenth in seven years; one-tenth in eight years; one-tenth in nine years; provided,
however, the entire amount so assessed and levied against each lot or tract may be paid within
fifty days from the date of this levy without interest, and the lien of special tax thereby
satisfied and released. Each such installment, except the first, shall draw interest at the
rate of seven percent per annum from the time of levy until the same shall become delinquent.
After the same shall become delinquent, interest at the rate of nine percent 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 provided by law.
SECTION 4. Such special assessments shall be paid into a fund to be designated as the
"Paving Fund" for Street Improvement District No. 963.
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ORDINANCE NO. 6517
(Cont'd)
SECTION 5. Any provision of the Grand Island City Code, and any provision of any
Enacted October 29, 1979.
ordinance, or part of ordinance, in conflict herewith, is hereby repealed.
ATmST, ~.
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Mayor
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ORDINANCE NO. 6518
An ordinance to amend Chapter 36 of the Grand Island City Code known as the
Zoning Ordinance, by amending Section 36-13A, pertaining to required space limitations
in AG-Agricultural Zone, and Section 36-13, pertaining to required space limitations
in TA-Transitional Agriculture Zone; to repeal the original Sections 36-l3A and 36-13;
to provide for a penalty; and to provide the effective date of this ordinance.
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BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. That Section 36-l3A of the Grand Island City Code be amended to read
as follows:
"Sec. 36-l3A. AG Agricultural Zone
(A) Permitted Principal Uses:
(1) Agriculture uses excluding stock or feed yards and accessory uses
(2) Dwelling units
(3) Raising of field crops, and horticulture
(4) Country Clubs as defined herein.
(5) Recreat~onal camps, public pa~ks and recreational areas
(6) Greenhouses and the raising of trees and nursery stock
(7) Ut;i,lity substations necessary to the functioning of the utility
(but not includ;i,ng general business offices, maintenance
facil~ties) when located according to the yard space rules
~et forth in this section for dwellings and have a ten foot
landscaped or masonry barrier on all sides. Buildings
shall be of such exterior design as to harmonize with
nearby properties. Installation shall not be subject
to minimum area Or width regulations.
(8) Railway right-of-way, but not including railway yards or
facilit;i.es
(n) permitted Accessory Uses:
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(1)
Living quarters for persons regularly employed on the premises
but not ;including labor camps Or dwellings for transient labor
Guel:;t building
(2)
(3)
(4)
Customary home occupations
Buildings, corrals, stables or pens in conjunction with the
permitted uses
Buildings for the display and sale of Eroducts grown or
raised on the premises, providing the. floor area does not
exceed 500 square feet .
(5)
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(7)
Offices incidental to and necessary .for a permitted use
One unlighted sign or name plate not exceeding 20 square feet
in area, l?royiding the sign pertains only to the sale, lease,
rent or h~re of facilities or products as permitted
Other buildings and uses accessory to the permitted principal uses
(8)
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ORDINANCE NO. 6518 (Cont'd)
(C) Permitted Conditional Uses: The following uses may be permitted,
.if approved by the City Council, in accordance with the procedures
set forth in Section 36-78 through 36-81 of this ordinance. .
(1) Quarters for transient labor
(2) Cemeteries, memorial parks, crematories, mausoleums, and
co lumbar iums
(3) Commercial mines, quarries, sand and gravel pits, and
accessory uses
(4) Public and quasi-public buildings and uses of an administrative,
educational, religious, cultural or public service facility,
but not including hospitals, sanitoriums or corrective
institutions
(5) Riding academies
(D) Space ~imitations:
(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) Miscelleaneou~ provisions:
(~) Supplementary regulations shall be complied with as defined
herein
(2) Only one principal building shall be permitted on one zoning
lot except a~ otherwise provided herein"
as follow!;:
SECnON 2. That Section 36-13 of the Grand rsland City Code be amended to read
"Sec. 36-13. TA Transitional Agriculture Zone
(A) Permitted Principal Uses:
(1) Dwelling units
(2) Raising of field CrOP!;, and horticulture
(3) Country clubs as defined herein
(4) Recreational camps, public parks and recreational areas
(5) Greenhouses and the raising of trees and nursery stock
(6) Utility substations necessary to the functioning of the utility
(but not including general business offices, maintenance
facili.ties) when It'cated according to the yard space rules
set forth in this section :t;or dwellings and having a ten
foot landscaped or masonry barrier on all sides. B~ildings
shall be of such exterior design as to harmonize with
nearby properties. Installation shall not be subject to
minimum area Or width regulations
(7) Railway right-oi-way, but not including railway yards or
ta~i1ities' .
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ORDXNANCE NO. 6518 (Cont'd)
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(B) Permitted accessory Uses:
(1) Living quarters for persons regularly employed on the premises
but not including labor camps or dwellings for transient labor
(2) Guest building
(3) Customary home occupations
(4) Buildings, corrals, stables or pens in conjunction with the
permitted uses
(5) Buildings for the display and sale of products grown or raised on
the premises, 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 exceeding 20 square feet
~n 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 travel pits and
accessory uses
(4) Public and quasi-public buildings and uses of an
administrative, educational, regilious, cultural or public
$ervice facility but not including hospitals, sanitoriums
or corrective institutions
(5) Riding academies.
(6) preschools, nursery schools, day care centers, children's
homes and simp,ar facilities..
(D) Space limitations:
(1) Minimum lot area per dwelling unit: 20,000 sq. ft.
(2) Minimum lot width: 100 feet
(3) Maximum height of building: 35 feet
(4) Minimum front yard: 30 ;f;eet
(5) Minimum rear yard: 25 .feet
(9) Minimum side yard: 15 feet; a corner lot shall have a
JI}~nimum :;;etback o;f; 30 feet adjacent to both frontages
(7) Maximum ground coverage: 25%
(~) Miscellaneous Provisions:
(1) Supplementary regulations shall be complied with as
def~ned herein
(2) Only one principal building shaH be permitted on one
zoning lot except as otherwise provided herein
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Ordinance No. 6518
(Cont' 4)
SECTION 3. That the original Sections 36-l3A and 36-13 as heretofore existing,
and any other ordinance or parts of ordinances, in conflict herewith, are hereby
repealed.
SECTION 4. That any person violating the provisions of this ordinance shall upon
conviction be deemed guilty of a misdemeanor and be punished as provided in Section 1-7
of the Grand Island City Code.
SECTION 5. That 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 13.Nov1979
6f~4. Kriz, Mayor
ATTEST:
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ORDINANCE NO. 6519
An ordinance directing and authorizing the conveyance of Lots 7 and 8, Block 15,
Lambert's Addition to the City of Grand Island, Hall County, Nebraska, and part of
vacated Superior Street; providing for the giving of notice of such conveyance and
the terms thereof; providing for the right to file a remonstrance against such con-
veyance;
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 Delbert D. Theasmeyer and Lois D. Theasmeyer, husband
and wife, as joint tenants, of Lot Seven (7) and Lot Eight (8), Block Fifteen (15),
Lambert's Addition to the City of Grand Island, Nebraska, and the westerly forty (40)
feet of the southerly one hundred thirty-two (132) feet of vacated Superior Street
as shown on
between Fifth Street and Sixth Street in the City of Grand Island, Nebraska,jis hereby
the attached Ex.hibit "A",
authorized and directed.
SECTION 2. The consideration for such conveyance shall be Four Thousand Dollars
($4,000); 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
an abstract of title.
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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 remonstranGe 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 Delbert D. Theasmeyer and Lois D.
Theasmeyer a special warranty deed for said real estate, and the execution of such deed
is bereby 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 :Ufteen days i.n one issue of the Grand Island Daily
Independent, as provi.ded by law.
Enacted October 29,1919
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Kriz, Mayor
ATTEST, Jff'~.&:../
C~ty er
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EXHIBITI~I
CITY 0 GRAND ISLANQ1NEBR.
ENGINEERING DEPARTMENT
(PLAT TO. ACCOMPANY OROINANCE..NO.6519il
[1"= 3d ~E.S. IO-24-79"J
ORDINANCE NO. 6520
An ordinance directing and authorizing the conveyance of Fractional Lots 5 and 6,
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Block 15, Lambert's. Addition to the City of Grand Island, and Fractional Lots 6, 7, and
8, Block 8, Evans Addition to the City of Grand Island, Nebraska; providing for the
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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 Delbert D. Theasmeyer and Lois D. Theasmeyer, husband
and wife, as joint tenants, and Janet M. Ross, together as tenants in common of the
following described property:
Fractional Lots Five (5) and Six (6), Block Fifteen (15),
Lambert's Addition to the City of Grand Island; and
Fractional Lots Six (6), Seven (7), alnd Eight (8),
Block Eight (8), Evans Addition to the City of Grand
Island, Nebraska, as shown on the attached E}:hibit "A",
is hereby authorized and directed.
SECTION 2. The consideration for such conveyance shall be Three Thousand Dollars
($3,000); 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 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 ~ays of passage and publication of such ordinance, said
property shall not then, nor w;i;thin one year thereaftel,"', be conveyed.
SECTION 5. The conveyance of said l,"'eal estate is hereby authorized, directed, and
confipmed; and if no remonstrance be filed against such conveyance, the mayor and city
clerk shall make, execute and delivel,"' to the said Delbert D. Theasmeyer and Lois D.
Theasmeyer, and Janet M. Ross a special warranty deed for said real estate, and the
execution of such deed is hereby authorized without fUl,"'ther action on behalf of the
City Council.
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ORDINANCE NO. 6520 (Cont'd)
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 October 29,1979.
ATTEST, ~
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EXHIBIT!>>:-
CITY OF GRAND ISLANQINEBR.
ENGINEERING DEPARTMENT
I PLAT TO ACCOMPANY ORDINANCE NO.6520 I
L.I"=2O' ~_P.U !O.~~3:79J
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ORDINANCE NO. 6521
An ordinance pertaining to the affirmation of rezoning from Rl-Suburban Residential
Zone, to RD-Residential Development Zone, of a tract of land comprising a part of the
Southwest Quarter (SW%) of Section 28, Township Eleven (11) North, Range Nine (9)
West of the 6th P.M., City of Grand Island, Hall County, Nebraska; and to provide for
the effective date.
WHEREAS, the City Council on September 6, 1977, enacted Ordinance No. 6194 based
upon recommendations of the Regional Planning Commission; and
WHEREAS, since the enactment of said ordinance, no progress has been made toward
the development of the area for residential use; and
WHEREAS, the developers have now indicated intent to begin development within the
next few months.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. That the rezoning of the tract of land as set forth in Ordinance
No. 6194 as enacted on September 6, 1977, should be, and hereby is, affirmed, and
should continue to reflect the RD (Residential Development) Zone classification,
and that the official zoning map of the City of Grand Island is to remain unchanged.
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.
Enacted .october 29, 1979
Attest: ~
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City C erk
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LEGAL DEPARTME
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QRDINANCE NO. 6522
An ordinance providing for the establishment and collection of Industrial Cost
Recovery Charges from industrial users of the Wastewater Treatment Works in compliance
with the United States Environmental Protection Agency Construction Grant Program,
under the Federal Clean Water Act of 1977, by adding a new Article XI, Sections 29-11.01
through 29-11.11; to renumber the old Article XI; and to provide the effective date
hereof.
WHEREAS, the City of Grand Island did accept an offer of a construction grant
from the United States Environmental Protection Agency for Project C3l0453-03 and
other grants may be accepted by the City in the future; and
WHEREAS, the Federal Clean Water Act of 1977 requires full recovery be made from
the industrial users of the Federal grant pOrtion of the project construction costs
reasonably attributable to the collection and treatment of industrial wastes; and
WHEREAS, by accepting the grant offer the City of Grand Island agreed to adopt,
implement, and maintain a system of industrial cost recovery charges for each con-
struction grant, subject to approval by the Regional Administrator of the Environmental
Protection Agency in accordance with Federal implementing regulation; and
WHEREAS, action must be taken to set forth and authorize the procedures to be
used in establishing a system of industrial cost recovery charges and accounting
procedures;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. That the Grand Island City Code be amended by adding thereto,
Article XI to Chapter 29, to read as follows:
LEGAL DEPARTME
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ORDINANCE NO. 6522 (Contld)
ARTICLE XI. INDUSTRIAL COST RECOVERY
Sec. 29-11. 01. Identifying Industrial Users
The Director shall identify all industrial users at least annually. The
Director shall prepare and maintain a list of those users discharging wastewater
to the City's wastewater treatment works whose waste volume and/or strength con-
centrations indicate they either are or might become classified as industrial users.
An industrial user's volume of waste discharged to the City's sanitary sewer
system shall be considered to be equal to the user's sewer or water billing con-
sumption. The Director will consider fully supported applications from industrial
users for adjustment to their water billing consumption for water not entering the
sanitary sewer system.
In determining the amount of a user's discharge for purposes of industrial
cost recovery, the City will exclude domestic wastes or discharges from sanitary
conveniences. After applying the sanitary waste exclusion industrial dischargers
that have a volume exceeding 25,000 gpd or the weight of biochemical oxygen demand
(BOD) or suspended solids (88) equivalent to that weight found in 25,000 gpd of sanitary
waste are considered industrial users. Sanitary wastes, for purposes of this calculation
of equivalency, are the wastes discharged from the average residential user in the
service area without regard to considering the effect of dilution caused by infiltration
and/or inflow. The strength of the average residential waste discharge within the
service area has been determined to be 300 milligrams per liter of BOD and 300 milli-
grams per liter of SS.
Sec. 29-11.02. Monitoring Industrial Users
The Director shall monitor all current and potential industrial users as frequently
as necessary, but not less often than annually, to provide a representative determin-
ation of each user's waste strength concentration and loading. The users will be
monitored during periods of normal discharge. The monitoring results will be used
to identify industrial users and to compute their ICR charges.
Sec. 29-11. 03. ICR Charges Applicable to Industrial Users
All existing and future industrial users which discharge wastes, other than non-
process sanitary or segregated domestic wastewater, to the sanitary sewer system shall
be assessed ICR charges in proportion to the Federal grant amounts allocable to the
treatment of industrial wastes. The ICR charges shall be based on industrial waste
characteristics which influence the construction cost of the project facilities and
will include volume and waste strength characteristics. Unit charges for each comp-
onent will be specified in a supplement to this Article for each specific grant.
Sec. 29-11.04. ICR 'Period
The ICR period for each grant amount shall be based on the useful life of the
grant funded project or 30 years, whicheve~ is less. The ICR period for the facilities
associated ~ith the grant received for EPA Project C3l0453-03 shall be 30 years. The
industrial cost recovery period will commence when Step 3 construction is complete or
at the time any element of the grant funded p~oject becomes operable and beneficial
to any indust~ial user.
Sec. 29-11.05. Ordinance Amendments and Supplements
This Article shall remain in full force and effect during the ICR period related
to EPA Project C3l0453-03 and will be amended upon receipt of additional EPA grant
awards. All amendments will be submitted to EPA for approval.
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ORDINANCE NO. 6522 (Cont'd)
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A schedule of ICR unit charges shall be developed for this and future Federal grant
assisted projects in supplements to this Article. The charges shall begin as stated
in respective supplements and continue for as long as charges are required to be
effective. The schedule of charges shall be reviewed annually and adjusted when
necessary to reflect changes in the wastewater treatment works capacity and receipt
of additional grant awards.
Sec. 29-11.06. ~~~~ing Industrial Users.
All industrial users subject to the lCR charges shall be billed at least annually.
Bills to industrial users shall be mailed approximately 45 days after the end of each
fiscal' year and the lCR payments must be paid within 30 days. Depending on when the ICR
period begins for a particular grant, the initial billing may be for a partial year.
The City operates on a fiscal year basis ending July 31. Billings will be based upon
usage during the previous fiscal year.
If any industrial user fails to make his full ICR payment to the City after proper
billing, enforcement will be subject to applicable provisions of the City to recover
any sums due under this ordinance.
Sec. 29-11. 07. !'~!.l~~~y for Non-Compliance
If ICR charges are not paid on or before the due date a late charge of 9 percent
shall be assessed. If ICR charges are not paid within thirty days after the due date
water service to the user's property may be discontinued, and if water is obtained
from a source or sources of supply other than the City's water supply system, the
discharge of waste into the City's sewer system shall be illegal and the owner of the
property subject to fine or imprisonment.
ICR charges shall be a lien on the property served. The Director shall certify
to the City Finance Director any charges which have been delinquent six months or more.
The Finance Director shall enter the lien upon the City tax rolls of that year against
the p~operty to which service has been rendered and charges not collected. The lien
shall be enforced in the same manner as provided in respect to taxes assessed upon
property provided that when a tenant is responsible for payment of an ICR charge against
any property located within the boundary of the City and the Director is so notified in
writing with a true copy of the lease of the affected property (if there be one) attached,
then no ICR charge shall become a lien against the property from and after the date of
notice. However, in the event of the filing of such notice, no further service shall
be rendered by the City until a cash deposit, not to exceed three times the average
annual rCR charge, shall have been made as security for the payment of the ICR charges.
The owners of property located outside the corporate limits of the City and subject
to the ICR charges shall at all times be liable for these charges and shall make a
deposit to insure payment of the lCR charges as the Director may require.
See. 29-11. 08. ICR Fund Management and Disbursement
Money received from ICR payments shall be deposited in a special fund which may
be designated "ICR Fund". Subaccounts will be established within the rCR Fund, one
for each Federal grant.
The City shall return 50 percent of the amounts received from industrial users,
together with any interest earned, to the U.S. Treasury annually through the U.S.
Environmental Protection Agency.
The City shall retain 50 percent of the amount recovered from industrial users.
A portion of the amounts which the City retains may be used to pay the incremental costs
of administration of the industrial cost recovery system. A minimum of 80 percent of
the amounts the City retains after paying the incremental cost of administration,
together with any interest earned shall be deposited annually into a special City fund
which may be titled ICR Fund 80. The ICRFund 80 shall be used for the allowable costs
of any expansion, upgrading or reconstruction of treatment works associated with the
project and necessary to meet the requirements of the EPA. The City shall obtain the
written approval of the Regional Administrator before the commitment of the amounts
retained for expansion, upgrading, or reconstruction.
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ORNNA~rCE NO. 6522 (Cont' d)
The rema~n~ng twenty percent retained by the City will be deposited annually into a
special City fund which may be titled SPECIAL PROJECTS FUND 20. These funds may be
used as the City sees fit, except that they may not be used for construction of
industrial pretreatment facilities or rebates to industrial users for costs incurred
in complying with user charge or industrial cost recovery requirements.
Pending use of industrial cost recovery payments, as described above, the City shall
invest the amounts received in obligations, of the U.S. Government, in obligations
guaranteed as to principal and interest,. or in accounts fully collateralized by
obligations of the U.S. Government or any agency thereof.
Sec. 29-11.09. Annual Data to EPA
The City will submit pertinent data to EPA at annual intervals. The data will
include, but not necessarily be limited to, the following:
a. Information listing ICR amounts charged and collected from industries
during the preceding annual accounting period.
b. Investments made with ICR funds and interest earned on these investments
during the preceding annual accounting period.
c. A check for the annual ICR amount.
d. Fiscal status of the ICR funds the City is entitled to use as it desires
(10 percent of the ICR payments collected).
e. Certification by the City that information submitted to EPA is complete
and correct and that the City has complied with all provisions of the
approved ICR system.
The EPA shall have the right to audit all records pertaining to the ICR system.
Sec. 29-11.10. Amending the ICR Ordinance
Any change or amendment to Article Xl shall have the written approval of EPA.
Sec. 29-11.11. Authority to Issue Supplements
The Director is hereby authorized to issue supplements to this Article as reql1ired
for Federal grant receipt~ or charges as specified in Section 29-11.05.
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ORDINANCE NO. 6522 (Cont'd)
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SECTION 2. That Article XI as heretofore existing is hereby renumbered as
Article XII.
SECTION 3. This ordinanee shall take effect and be in full force 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
October 29, 1979
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ORDINANCE NO. 6523
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An ordinance to amend Section 20-86.1 of the Grand Island
City Code pertaining to speed limits on Stolley Park Road; to
provide for a penalty; to repeal conflicting sections; 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 Section 20-86.1 of the Grand Island City
Code is hereby amended to read as follows:
"Sec. 20-86.1. SPEED LIMITS - STOLLEY PARK ROAD
It shall be unlawful for any person to operate a motor
vehicle on Stolley Park Road at a rate of speed greater
than the following:
35 miles per hour on that part of Stolley Park Road
within the City of Grand Island lying between Highway No.
281 and South Locust Street, also known as Nebraska State
Highway No.2;
45 miles per hour on that part of Stolley Park Road
lying between South Locust Street and the east city limits;
provided, that on that part of Stolley Park Road adjacent
to Barr Junior High School and Stolley Park grade school
no person shall operate a vehicle at a speed greater than
the speed designated in Section 20-87 of the Grand Island
City Code."
SECTION 2. Any person violating any provision of this
ordinance shall be punished as provided in Section 1-7 of the
Grand Island City Code.
SECTION 3. That Section 20-86.1 of the Grand Island City
Code as heretofore existing should be, and hereby is, repealed.
SECTION 4. This ordinance shall be in force and take effect
from and after its passage, approval, and publication within 15
days in one issue of the Grand Island Daily Independent as
provided by law.
13 Nwember1979
Enacted
.
ATTEST:
61. t J;fe~ L. Kriz. Mayor
1978
LEGAL DEPARTME
"
.
ORDINANCE NO. 6524
An ordinance assessing and levying a special tax to pay the cost of construction of
Sanitary Sewer District No. -444 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. 444, as adjudged by the Counc~l of
said City, sitting as a Board of Equalization, to the extent of benefits accrui~g thereto
by reason of such improvement, after due notice having been given thereof as provided by
law; and, a special tax for such cost of construction is hereby levied at one time upon
the lots, tracts, and lands as follows:
NAME DESCRIPTION ADDITION AMOUNT
Elmer W. and Norma J. Mettenbrink W16' Lot 23 Geer $203.03
Exceptions: N426.8' and 525'
Elmer W. and Norma J. Mettenbrink Lot 24 Geer
Exceptions: N426.8' and 525' $837.50
James A. and Joan R. Welton Lot 25 Geer
Exceptions: N426.8' and S25' $837.50
James A. and Joan H. Welton Lot 26 Geer
Exceptions: N426.8' and $25' $837.50
James A. and Joan H. Welton Lot 27 Geer
Exceptions: N426.8' and S25' $837.50
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 with-
out interest, and the lien of special tax thereby satisfied and released. Each of said
installments, except the first, shall draw inte~est 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 as
the "Sewer and Wa'ter Extension Fund" for Sanitary Sewer
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District. NO'~444_' _ ___________
APPR ,m :::> TOJ2RM
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: 0 5 1979
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LEGAL DEPARTIVlE
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ORDINANCE NO. 6524 (Cont'd)
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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
13 Novem.ber'1979
~'t:ePt~~,
Mayor
ATTEST, ~
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~ty C er
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- 2 -
ORDI~ANCE NO. 6525
.
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 part of the Northwest Quarter of the
Southeast Quarter (NW\SE\) of Section TWenty-one (21), Township Eleven (11) North,
Range Nine (9) West of the 6th P.M., 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 part of the
Northwest Quarter of the Southeast Quarter (NW\SE\) of Section 21,
Township 11 North, Range 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;
(b) Police, fire, and snow removal benefits are available thereto,
and sanitary sewer and public water service will be available as pro-
vided by law;
(c) The zoning classification of such tract of land as shown on the
official zoning map of the City of Grand Island, Nebraska, is hereby
confirmed;
(d) 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 high-
ways 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 part of the Northwest Quarter
of the Southeast Quarter (NW\SE%) of Section 21, Township 11 North, Range 9 West of
the 6th P.M., Hall County, Nebraska, more particularly described as follows:
Beginning at the Southeast Corner of the Northwest Quartet of the
Southeast Quarter of the Northwest Quarter of the Southeast Quarter
(NW\SE\NW\SE\) of said Section Twenty-one (21); thence North four
hundred sixty-two (462) feet; thence West three hundred thirty (330)
feet; thence South four hundred sixty-two (462) feet; thence East
three hundred thirty (330) feet to the point of beginning, said
t:ract containing 3.50 acres, more or less, as shown on the plat
marked Exhibit "A" attached hereto and incorporated herein byr. ference.
I"it'FRJ, . ,.CRM
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-
1979
LEGAL DE?ARfME
1
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ORDINANCE NO. 6525 (Cont'd)
.
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 sha~i 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 remai~ing 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, and on December 1, 1979.
Enacted
1'3 November 1979
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PLAT OF TERRITORY
IN T t-JE
NW 1/4, SEI/4 SECTION 21-11-9
SWI/4, NE 1/4,NW 1/4,SEI/4
SEe. 21-11-9
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SEC. 21-11-9
330'
POINT OF BEGINNING
SU NY
20 21
22
ACRES
ANNEXED BY ORD. NO. 6525
TO CITY OF GRAND ISLAND
HALL COUNTY, NEBRASKA
TOTAL ACRES 3.5.1
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B.A.G.
.
ORDINANCE NO. 6526
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 part of the Southeast Quarter (SE~) of
Section Twenty-eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th
P.M., 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 part of the
Southeast Quarter (SE~) of Section 28, Township 11 North, Range 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;
(b) Police, fire, and snow removal benefits are available thereto,
and sanitary sewer and public water service will be available as provided i e
by law;
(c) The zoning classification of such tract of land as shown on the
official zoning map of the City of Grand Island, Nebraska, is hereby
confirmed;
./
(d)
There is a unity of interest in the use of such tract of land
and highways with the. use of lots, lapds, 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 aad streets and high-
ways 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 part of the Southeast Quarter
(SE~) of Section 28, Township 11 North, Range 9 West of the 6th P.M., Hall County,
Nebraska, more particularly described as follows:
~eginning at a point on the West line of said Southeast Quarter (SE~)
of Section Twenty-eight (28) and seventy-two and four-tenths (72.4)
feet North of the South line of said Southeast Quarter (SE~) of Section
Twenty-eight (28), said point also being on the North right-of-way line
of U.S. Highway No. 34; thence North on the West line of said Southeast
Quarter (SE%) to the South line of the Replat of Riverside Acres; thence
deflecting right seventy-three degrees forty-two minutes (730 42') and
running northeasterly along the southerly line of the Replat of River-
side Acres, a distance of eight hundred (800) feet; thence deflec ing
,~rPt~O '
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LEGAL DEPARfM::.
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"
ORDINANCE NO. 6526 (Cont'd)
.
left thirty degrees no minutes (300 00') and running northeasterly along the
southeasterly line of the Replat of Riverside Acres, a distance of two
hundred twenty-nine (229) feet; thence deflecting right forty-six degrees
four minutes (460 04') and running East to the West line of the East Half of
the East Half (E~E~) of Section Twenty-eight (28); thence running North on
the West line of the East Half of the East Half (E~E~) of Section Twenty-
eight (28), a distance of seven and six tenths (7.6) feet to the Southwest
corner of R. W. Rasmussen Subdivision; thence deflecting right eighty-four
degrees seven minutes (840 07'), and running easterly a distance of eighty-
three and seventy-four hundredths (83.74) feet; thence deflecting left
eleven degrees seven minutes (110 07') and running northeasterly a distance
of one hundred twenty-six and eighteen hundredths (126.18) feet; thence
deflecting right thirty-eight degrees fifty-eight minutes thirty seconds
(380 58' 30") and running southeasterly a distance of one hundred fifty-
nine and sixty-five hundredths (159.65) feet; thence deflecting left
twenty-five degrees no minutes forty seconds (250 00' 40") and running
easterly a distance of one hundred sixty-nine and one tenth (169.1) feet
to the Southwest Corner of American Legion Addition to the City of.Grand
Island, Nebraska; thence deflecting left twenty-nine degrees fifty-six
minutes fifty seconds (290 56' 50") and running Northeast a distance of
fifty-six and sixty-five one-hundredths (56.65) feet; thence deflecting
right twenty-five degrees twenty-nine minutes fifty seconds (250 29' 50")
and running Northeast a distance of two hundred eighty-three and seven
tenths (283.7) feet; thence deflecting left ten degrees, thirty-four minutes
ten seconds (100 34' lO") and running Northeast a distance of fifty and
ninety-nine hundredths (50.99) feet to the West line of Woodland First
Subdivision; thence running South on the West line of Woodland First
Subdivision a distance of one thousand five hundred forty-two and twenty
seven hundredths (1,542.27) feet to the North line of Woodland Drive;
thence running West on the North line of Woodland Drive, also being the
North line of Woodland Second Subdivision a distance of one hundred (100)
feet; thence running South a distance of seven hundred fifty-eight and
sixty-two hundredths (758.62) feet to the northwesterly right-of-way line
of Ramada Road; thence running southwesterly along said right-of-way line
a distance of one hundred forty-two and thirty-seven hundredths (142.37)
feet to the Northeast Corner of Lot Three (3) in Woodland Second Subdivision;
thence running West on the North line. of Lots Three (3), Two (2), and One
(1) in Woodland Second Subdivision a distance of six hundred ninety-seven
and four tenths (697.4) feet; thence running South on the West line of
Lot One (1) in Woodland Second Subdivision a distance of one hundred
fifty (150) feet; thence deflecting right ninety degrees no minutes
(900 00') and running West a distance of one hundred twenty-nine and
seven tenths (129.7) feet; thence deflecting left ninety degrees no
minutes (900 00') and running South a distance of fifty-four (54) feet;
thence deflecting right eighty-two degrees nine minutes (820 09') and
running West Southwest a distance of one hundred forty-six and four tenths
(146.4) feet to the North right-of-way line of U.S. Highway No. 34; thence
running West on the North right-of-way line of U.S. Highway No. 34 to the
point of beginning, said tract containing 117.43 acres, more or less, all
as shown on the plat marked Exhibit "A" attached hereto and incorporated
herein by reference.
SECTION 4. Such tract of land and streets and highwaysaare 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 avail-
able 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
.
- 2 -
ORD~NANCE NO. 6526 (Cont'd)
.
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, and on December 1,
1979.
Enacted 13 Novembar'1979
-tp14J:6.r. "ri., Mayor
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ORD~NANCE NO. 6527
.
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 West Half of the Southwest Quarter
(W~SW~) of Section Twenty-two (22), To~~ship Eleven (11) North, Range Nine (9) West
of the 6th P.M., 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 West Half of
the Southwest Quarter (W~SW~) of Section Twenty-two (22), 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;
(b) Police, fire, and snow removal benefits are available thereto,
and sanitary sewer and public water service will be available as pro-
vided by law;
(c) The zoning classification of such tract of land as shown on the
official zoning map of the City of Grand Island, Nebraska, is hereby
confirmed;
(d) 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 West Half of the Southwest
Quarter (W~SW~) of Section Twenty-two (22), Township Eleven (11) North, Range Nine (9)
West of the 6th P.M., Hall County, Nebraska, more particularly described as follows:
Beginning at a point on the East line of the West Half of the
Southwest Quarter (W~SW~) of Section Twenty-two (22), Township Eleven
(11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska,
said point being eight (80) feet South of the North line of said West
Half of the Southwe~t Quarter (W~SW%) of Section Twenty-two (22); thence
South on the East l~ne of the West Half of the Southwest Quarter (W~SW%)
.of Section Twenty-two (22) to a point thirty-three (33) feet North of
the South line of Section Twenty-two (22); thence West parallel to and
thirty-three (33) feet North of the South line of Section Twenty-two (22)
- 1 -
N
1979
.
LEGAL DEPARTME
e
e
,.
_;.-....iJ
ORDINANCE NO. 6527 (Cont'd)
to the easterly line of Fonner Second Subdivision; thence northerly
on the easterly line of Fonner Second Subdivision to the Northeast
Corner of Lot 4 in Fonner Second Subdivision; thence North on the East
line of Fonner Second Subdivision a distance of one thousand two hundred
forth (1240) feet to the Northeast Corner of Fonner Second Subdivision;
thence West on the North line of Fonner Second Subdivision a distance of
eight hundred fifty (850) feet to the East line of Locust Street, said
point being forty (40) feet East of the West line of Section Twenty-
two (22); thence North parallel to and forty (40) feet East of the West
line of Section Twenty-two (22) to the West prolongation of the South
line of Janisch Subdivision; thence East on the South line of Janisch
Subdivision and its West prolongation to the Southeast Corner of Janisch
Subdivision; thence North on the East line of Janisch Subdivision to the
Northeast Corner of Janisch Subdivision; thence East on a line parallel to
and five hundred twenty (520) feet South of the North line of the South-
west Quarter (SW%) of Section Twenty-two (22) a distance of three hundred
(300) feet; thence North parallel to and six hundred sixty (660) feet East
of the West line of Section Twenty-two (22) a distance of four hundred
forty (440) feet; thence East on a line parallel to and eight (80) feet
South of the North line of the Southwest Quarter (SW%) of Section Twenty-
two (22) a distance of six hundred sixty and seventy-two hundredths
(660.72) feet to the point of beginning, said tract containing 37.57 acres,
more or less, all as shown on the plat marked Exhibit "A" attached hereto
and incorporated herein by reference.
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, and on December 1,
1979.
Enacted
13 November' 1979
9&n-1~z.
Mayor
ATTEST:
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Cl.ty C er
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PLAT OF TERRITORY
IN THE
NWI/4, SWI/4 SECTION 22-11-9
SWI/4, SWI/4 SECTION 22-11-9
ANNEXED BY ORDI NANCE NO. 6527
TO THE CITY OF GRAND ISLAND,
HALL CaJNTY I NEBRASKA
TOTAL f'.D. ACRES =3757 MORE. OR LESS
EXHIBIT "Au
I,
ORDINANCE NO. 6528
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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 (E~) of Section Eleven (11),
Township Eleven (11) North, Range Nine (9) West of the 6th P.M., and the West Half
(W~) of Section Twelve (12), 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 (E~)
of Section Eleven (11), Township Eleven (11) North, Range Nine (9) West
of the 6th P.M., and the West Half (W~) of Section Twelve (12), Township
Eleven (11) North, Range Nine (9) West of the 6th P.M., in Hall County,
Nebraska, as hereinafter more particularly described, are urban and sub-
urban 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;
(b) Police, fire, and snow removal benefits are available thereto,
and sanitary sewer and public water service will be available as provided
by law;
(c) The zoning classification of such tract of land as shown on the
official zoning map of the City of Grand Island, Nebraska, is hereby
confirmed;
(d) 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 ~he City,
and the community convenience and welfare and the interest of such City
will be enhanced through incorporating such lands and streets and high-
ways 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 (E~) of Section
Eleven (11), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., and
the West Half (W~) of Section Twelve (12), Township Eleven (11) North, Range Nine
(9) West of the 6th P.M., all in Hall County, Nebraska, more particularly described
as :f;ollows:
- 1 -
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ORDINANCE NO. 6528 (Cont'd)
.
Beginning at a point on the southerly rightof-way line of the Union
Pacific Railroad and thirty-three (33) feet West of the East line of
said Section Eleven (11); thence northeasterly along the southerly
right-of-way line of the Union Pacific Railroad to a point thirty-three
(33) feet East of the West line of Section Twelve (12); thence South
parallel to and thirty-three (33) feet East of the West line of said
Section Twelve (12) to the southerly right-of-way line of U.S. Highway
No. 30; thence southwesterly along the southerly right-of-way line of
U.S. Highway No. 30 to a point thirty-three (33) feet West of the East
line of said Section Eleven (11); thence North parallel to and thirty-
three (33) feet West of the East line of said Section Eleven (11) to
the point of beginning, said tract containing 1.73 acres, more or less,
all as shown on the plat marked Exhibit "A" attached hereto and
incorporated herein by reference.
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 thi.s
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, and on December 1,
1979.
Enacted
13 Novambe:t!' 1979
9- ~e1k Rdz. Mayor
ATTEST:
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PLAT OF rERRITORY
iN THE
NE 1/4. SECTION 11-11-9
NWII4 SECTION 12-11-9
ANNEXED. BY ORD, NO.6528
TO CITY OF GRAND ISLAND
,HA~LCOUNTY, NEBRASKA
TOTAL ACRES 1.73!
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ENGINEERING DEPARTMENT
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ORDINANCE No. 6529
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 Southeast Quarter (SE~) of
Section Twenty-nine (29), 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 Southeast
Quarter (SE\) of Section Twenty-nine (29), Township Eleven (11) North,
Range Nine (9) West of the 6th P.M., in Hall County, Nebraska, as herein-
inafter 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;
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(b) Police, fire, and snow removal benefits are available thereto,
w and sanitary sewer and public water service will be available as provided
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(d) 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 high-
ways 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 con-
tiguous and adjacent tract of land and streets and highways in the Southeast Quarter
(SE\) of Section Twenty-nine (29), 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 Southeast Corner of Olde Mill Subdivision, this
point also being on the East line of the Southeast Quarter (SE\)
of said Section Twenty-nine (29); thence running South of the East
line of the Southeast Quarter (SE~) of Section Twenty-nine (29) to
the North right-of-way line of U.S. Highway No. 34; thence running
West on the North right-of-way line of U.S. Highway No. 34 to a point
thirty-three (33) feet West of the West line of Riverside Farms Second
- 1 -
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ORDINANCE NO. 6529 (Cont'd)
Subdivision; thence running North parallel to and thirty-three (33)
feet West of the West line of Riverside Farms Second Subdivision and
the West line of Riverside Farms Subdivision to the westerly extension
of the South line of Lot Eleven (11) in Riverside Farms Subdivision;
thence running East on the westerly extension of the South line of
said Lot Eleven (11) to the Southwest Corner of said Lot Eleven (11);
thence running North on the West line of Lot Eleven (11) to the North-
west corner of Lot Eleven (11); thence running East on the North line
of Lot Eleven (11) to a point thi.rty-three (33) feet West of the East
line of the West Half of the Southeast Quarter (S~SE~) of Section
Twenty-nine (29), said point being on the West right-of-way line of Blaine
Street; thence running South on the West line of Blai.ne Street to the
westerly extension of the South line of aIde Mill Subdivision; thence
running East on the westerly extension of the South line of Olde Mill
Subdivision and on the South line of Olde Mill Subdivision to the point
of beginning, said tract containing 55.78 acres, more or less, all as
shown on the plat marked Exhibit "A" attached hereto and incorporated
herein by refer~nce.
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, and on December 1, 1979.
13 November 1979
Enacted
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ORDINANCE NO. 6530
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 Northwest Quarter (W~NW~) of Section
Fourteen (14) and the East Half of the Northeast Quarter (E~NE~) of Section Fifteen
(15), all in Township Eleven (11) North, Range Nine (9) West of the 6th P.M., 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 West Half
of the Northwest Quarter (W~NW~) of Section Fourteen (14) and the East
Half of the Northeast Quarter (E~NE~) of Section Fifteen (15), all in
Township Eleven (11) North, Range Nine (9) West of the 6th P .11., 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
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land rural in character;
(b) Police, fire, and snow removal benefits are available thereto, and
sanitary sewer and public water service will be available as provided by
law;
(c) The zoning classification of such tract of land as shown on the
official zoning map of the City of Grand Island, Nebraska, is hereby
confirmed;
(d) 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 West Half of the Northwest
Quarter (W~NW%) of Section Fourteen (14) and the East Half of the Northeast Quarter
(E~NE%) of Section Fifteen (15), all in Township Eleven (11) North, Range Nine (9)
West of the 6th P.M., Hall County, Nebraska, more particularly described as follows:
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ORDINANCE NO. 6530 (Cont'd)
.
Beginning at a point on the West line of the Northwest Quarter
(NW%) of said Section Fourteen (14) and thirty~three (33) feet South
of the Northwest Corner of said Northwest Quarter (NW%); thence
East parallel to and thirty-three (33) feet South of the North
line of the Northwest Quarter (NW%) of said Section Fourteen (14)
to the East line of the Northwest Quarter of the Northwest
Quarter (NW%NW%) of said Section Fourteen (14); thence South on
the East line of the West Half of the Northwest Quarter (W~NW%)
of said Section Fourteen (14) to a point sixty-six (66) feet
North of the South line of the Northwest Quarter (NW%) of said
Section Fourteen (14); thence West on a line parallel to and
sixty-six (66) feet North of the South line of the Northwest
Quarter (NW%) of said Section Fourteen (14) to the West line of
said Section Fourteen (14); thence continuing West on a line
parallel to and sixty-six (66) feet North of the South line of
the Northeast Quarter (NE%) of said Section Fifteen (15) to the
West line of the East Half of the Northeast Quarter (E~NE%) of
Section Fifteen (15); thence North on the West line of the East
Half of the Northeast Quarter (E~NE%) of Section Fifteen (15) to
the southerly right-of-way line of U.S. Highway No. 30; thence
northeasterly on the southerly right-of-way line of U.S. Highway
No. 30 and the prolongation thereof to a point thirty-three (33)
feet South of the North line of the East Half of the Northeast
Quarter (E~NE%) of Section Fifteen (15); thence East on a line
parallel to and thirty-three (33) feet South of the North line of
Section Fifteen (15) to the East line of Section Fifteen (15),
this point also being the point of beginning, said tract containing
145.53 acres, more or less, all as shown on the plat marked
Exhibit "A" attached hereto and incorporated herein by reference.
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, and on December 1,
1979.
Enacted
13 November 1979 .
9~~. Mayor
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ORDINANCE NO. 6531
An ordinance directing and authorizing the conveyance of lot 1, Fractional
Block Four (4), 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 for the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. The conveyance to Frank T. Sanchez, Sr., and Consuelo V. Sanchez,
of Lot One (1) in Fractional Block Four (4), 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 Twenty-nine Thousand
Dollars ($29,000). 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 an abstract of title.
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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 nlayor and city
clerk shall make, execute, and deliver to the said Consuelo V. Sanchez and Frank T.
Sanchez, Sr., a warranty deed for said real estate, and the execution of such deed is
hereby authorized without further action on behalf of the City Council.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication within fifteen days in one issue of the Grand Island Daily
Independent, as provided by law.
Enacted . '13 November 79.
9- ~15c. Rd". Mayor
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.
ORDINANCE NO. 6532
An ordinance to amend Section 31-6.5 of the Grand Island
City Code pertaining to the prohibition and restriction of planting
at street intersections; to repeal the original section; to
provide a penalty; 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 Section 31-6.5 of the Grand Island City Code
be amended to read as follows:
"Sec. 31-6.5. PLANTING, ETC., HEDGES, ETC., AT
STREET INTERSECTIONS - PROHIBITED;
ENFORCEMENT
It is hereby declared unlawful for any person to plant,
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grow, or keep or maintain, or cause to be planted, grown,
kept, or maintained, any hedge, bush, or shrubbery of any
kind or nature, more than two feet in height above the
roadway 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
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It shall be the duty of the chief of police to enforce
the provisions of this section."
SECTION 2. That Section 31-6.5 of the Grand Island City
Code as heretofore existing, be, and hereby is, repealed.
SECTION 3. Any person violating the provisions of this
ordinance shall upon conviction be deemed guilty of a misdemeanor
and shall be punished as provided 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, approval, and publication within fifteen
days in one issue of the Grand Island Daily Independent, as
provided by law.
Enacted
26 NovembEm 79
.%~~iZ' Mayor
ATTEST:
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.
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ORDINANCE NO. 6533
An ordinance to amend Sections 20-169, 20-170, 20-171, 20-176, and 20-177, of
Chapter 20 of the Grand Island City Code pertaining to parking in the Downtown District
during snow removal, the establishment of snow emergency routes, and the removal of
stalled vehicles; to provide a penalty, together with administrative costs; 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 Section 20-169 of the Grand Island City Code be amended to read
as follows:
"Sec. 20-169.
PARKING ON CERTAIN STREETS BETWEEN 12 MIDNIGHT AND 8 A.M.
To facilitate the removal of snow from the streets, highways and alleys of the
City, it shall be unlawful for any person to leave any motor vehicles standing or
parked on the streets named in this section between the twelve hours of 12 Midnight
and 8 A.M., from October 15 through April 15 of the following year during normal snow
removal operations.
Division Street, between Locust Street and Walnut Street;
First Street, between Cedar Street and Sycamore Street;
Second Street, between Cedar Street and Sycamore Street;
Third Street, between Clark Street and Kimball Avenue;
South Front Street, between Walnut Street and Kimball Avenue;
Fourth Street, between Eddy Street and Beal Street;
East Sixth Street, between Vine Street and Plum Street;
Sycamore Street, between First Street and Fifth Street;
Pine Street, between First Street and Sixth Street;
Locust Street, between Koenig Street and South Front Street;
Locust Street, between Fourth Street and Fifth Street;
Wheeler Avenue, between Koenig Street and South Front Street;
Wheeler Avenue, between Fourth Street and Fifth Street;
Walnut Street, between Division Street and Fifth Street;
Cedar Street, between First Street and the Union Pacific
Railroad right-of-way;
~lm Street, between Second Street and the Union Pacific
Railroad right-of-way. '
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This ordinance shall take precedence over all parking resolutions involving
the aforementioned streets when in direct conflict therewith."
SECTION 2. That Section 20-170 of the Grand Island City Code be amended to
read as follows;
"Sec. 20-170. ESTABLISHMENT OF SNOW EMERGENCY ROUTES
The following described streets are hereby declared to be snow emergency
routes in the City of Grand Island, Nebraska. The mayor shall, at his discretion,
cause to be placed appropriate signs or other traffic control devices indicating
the existence of such snow emergency routes. A designation of any street,
.
avenue, road, or highway, or portion thereof as a snow emergency route shall in
no way affect any previous designation of that street, avenue, road, or highway
for any other purposes. The snow emergency routes are as follows:
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(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(29)
(30)
(31)
(32)
.
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ORDINANCE NO. 6533
U.S. Hiwy 11281
U. S. Hwy 11281
U.S. Hwy 1130
Second Street
First Street
U.S. Hwy 1130
Greenwich Street
Vine Street
Old Potash Hwy
U.S. Hwy 1134
Capital Avenue
13th Street
10th Street
St. Paul Road
Fourth Street
Stuhr Road
Old U.S. Hwy #30
Seedling Mile Road
Second Street
Koenig Street
Anna Street
Bismark Road
Stolley Park Road
Webb Road
Custer Avenue
Blaine Street
Harrison Street
Broadwell Avenue
Eddy Street
Sycamore Street
Stuhr Road
Shady Bend Road
- 2 -
,.-,;1.
(Cont'd)
from West City Limits to Broadwell Avenue
from Capital Avenue to North City Limits
from U.S. Hwy #281 to Second Street
from Garfield Street to Plum Street
from Greenwich to Vine Street
from Plum Street to East City Limits
from First Street to Second Street
from First Street to Second Street
from U.S. Hwy #281 to Carey Street
from West to East City Limits
from U.S. Hwy #281 to Stuhr Road
(within city limits)
from U.S. Hwy #281 to Broadwell Avenue
from Broadwell Avenue to St. Paul Road
from Fourth Street to Capital Avenue
from Broadwell Avenue to Stuhr Road
from Fourth Street to Capital Avenue
from U.S. Hwy #281 easterly to New
U.S. Hwy nO
from Stuhr Road to Shady Bend Road
from Webb Road to Garfield Street
from Blaine Street to Walnut Street
from Blaine Street to South Locust Street
from Locust Street to East City Limits
from West to East City Limits
from U.S. Hwy #281 South to U.S. Hwy
11281 North
from Old Potash Hwy to Capital Avenue
from Stolley Park Road to Third Street
from Stolley Park Road to Anna Street
from Anna Street North to Hwy 11281
from Anna Street to State Street
from First Street to Capital Avenue
from Fonner Park Road to U.S. Hwy #30
from South to North City Limits
J
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ORDINANCE NO. 9533 (Cont'd)
.
(33) College Street
(34) State Street
(35) 17th Street
(36) 13th Street
(37) Faidley Street
(38) North Front Street
(39) Third Street
(40) Koenig Street
(41) Fonner Park Road
(42) Pioneer Blvd
(43) Lafayette Avenue
(44) Blaine Street
(45) Adams Street
(46) Riverside Drive
(47) Lincoln Street
(48) Wheeler Street
(49) Vine Street
(50) Seedling Mile Road
(51) Darr Avenue
(52) Stoeger Drive
From Lafayette Avenue to Webb Road
from 17th Street to Hwy #281
from Walnut Street to Sycamore Street
from Broadwell Avenue to Eddy Street
from Webb Road to Broadwell Avenue
from Webb Road to Broadwell Avenue
from Blaine Street to Walnut Street
from Walnut Street to Vine Street
from South Locust Street to Stuhr Road
from Blaine Street to Stolley Park Road
from State Street to Capital Avenue
from Pioneer Blvd to Stolley Park Road
from Stolley Park Road to Anna Street
from Stagecoach Road to Stolley Park Road
from Anna Street to 13th Street
from Fourth Street to Capital Avenue
from Fonner Park Road to Second Street
from Shady Bend Road to East City Limits
from Faidley Avenue to Seventh Street
from Seventh Street to a point 250 feet
North thereof
(53) Walnut Street
(54) South Locust Street
(55) Garfield Street
from Second Street to South Locust Street
from Walnut Street to South City Limits
from Old Potash Hwy to Second Street
"
SECTION 3. That Section 20-171 of the Grand Island City Code ~e amended to
read as follows:
"Sec. 20-171. DECLARATION OF EMERGENCY; PROHIBITION OF PARKING
ON SNOW EMERGENCY ROUTES
.
Whenever the mayor of the City, or his designated representative, shall find, on
the basis of falling snow, sleet, or freezing rain, or on the basis of an
official forecast by the U.S. Weather Bureau predicting snow accumulation,
sleet, or freezing rain, that such weather conditions will make it necessary
that motor vehicle traffic be expedited, the mayor or his designated represen-
tative may declare a snow emergency. In such declaration of a snow emergency,
the mayor or his designated representative shall state the time that said
emergency will be in effect. During such snow emergency or while snow has
- 3 -
'"
ORDINANCE NO. 6533 (Corit'd)
.
accumulated to a depth of one inch or more or has so accumulated and remained
falling, all parking of vehicles on snow emergency routes shall be prohibited.
The prohibition imposed under this section shall remain in effect until snow or
threat of snow as indicated by the U.S. Weather Bureau has passed and the
emergency snow route cleared, or until the formal declaration of a snow emerg-
ency has been terminated by the mayor or his designated representative."
SECTION 4. That Section 20-176 of the Grand Island City Code be amended to
read as follows:
'.'Sec" 20-176. REMOVAL OF STALLED OR PARKED VEHICLES
Members of the police department are hereby authorized to remove or
have removed a vehicle from a street to another place or location on a street
or to a lot, garage, storage yard, or other similar facility designated by the
police department when:
(1) The vehicle is parked on a snow emergency route in violation of
Section 20-170 and Section 20-171.
(2) The vehicle is stalled on a snow emergency route on which there is a
parking prohibition in effect and the person who is operating said vehicle does
not appear to be removing it in accordance with the provisions of this chapter.
(3) The vehicle is parked on any street in violation of Sections 20-169
and 20-172.
Such vehicle removal may be made by towing to the city automobile pound,
pursuant to the provisions of Section 20-144 of this Code, or the police
department may cause such vehicles to be removed to a private lot, garage,
storage yard, or other similar facility; and any such vehicle shall not be
released therefrom except upon payment by the owner of the vehicle to the person
or persons in charge of the lot, garage, storage yard or other similar facility
for the cost of towing, which fee shall not exceed $30, and the cost of storage,
which fee shall not exceed $2 for each twenty-four hour period or fraction
thereof, during which time the vehicle remains stored, and a receipt for such
fees shall be issued to the owner of the vehicle.
It shall be the duty of the person or persons in charge of the lot, garage,
storage yard, or other similar facility designated by the police department to
keep a record of the name of the owner of all vehicles towed in under t~e
provisions hereof, together with the registration number of each vehicle, and
the nature and circumstances of each violation, and the amount of fees collected
hereunder, and to deliver a report of each day's transactions to the chief of
police not later than one day following the day for which the report is made."
SECTION 5. That Section 20-177 of the Grand Island City Code shall be
amended to read as follows;
Sec. 20-177. PENALTY
.
i.:. \C': Any person.violating the provisions of Sections 20-169 through 20-176
of the Grand Island City Code,not withstanding any of the provisions of this
chapter to the contrary, shall be subject to a fine of not less than $5, nor
more than $100, together with administrative costs for necessary towing not to
exceed $30, upon being deemed guilty. Such fine and costs may be paid upon
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~'_""""";'d",~;..."._.,,-J:
ORDINANCE NO. 6533 (Cont'd)
issuance of a police tag at the police department within five days of the
issuance. All persons failing to report to the police department in response
to the aforesaid police tag within the five days period shall be in violation
of the provisions of this chapter and subject to the penalties provided herein
upon issuance of a complaint and a formal citation."
SECTION 6. That the original Sections 20-169, 20-170, 20-171, 20-176, and
20-177 as heretofore existing, and any ordinances in conflict herewith, should be,
/> and hereby are, repealed.
SECTION 7. That this ordinance shall be in full 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.
26 November' 79
Enacted
C;L~
. . 0 t L. Kriz, Mayor
ATTEST:
/Jf4if~/
~
- 5 -
.
.
ORDINANCE NO. 6534
An ordinance to vacate existing easements in Lot 2, Block
8 Replat, Continental Gardens in the City of Grand Island; and
to provide the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That the existing easements as shown on the
plat of Lot 2, Block 8 Replat, Continental Gardens, as approved
by the Council of the City of Grand Island, on August 22, 1977,
be, and hereby are, vacated.
SECTION 2. That the title to those easements vacated by
Section 1 of this ordinance shall revert to the owner of the
property.
SECTION 3. That 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, approval, and publication, within
fifteen days in one issue of the Grand Island Daily Independent,
as provided by law.
Enacted 26 November 79.
~~z, Mayor
A~4r ~
~ty er
LEGAL DEPARTME. T
.
.
ORDINANCE NO. 6535
An ordinance to vacate all of the existing power easements
in Conestoga Mall Subdivision and Conestoga Mall Second Subdivision;
and to provide the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That the power easements, indicated on the plat
of Conestoga Mall Subdivision and the plat of Conestoga Mall
Second Subdivision, be, and hereby are, vacated.
SECTION 2. That the title to the power easements vacated
by Section 1 of this ordinance shall revert to the owner or owners
of the property.
SECTION 3. That 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, approval, and publication within
fifteen days in one issue of the Grand Island Daily Independent,
as provided by law.
26 November- 79
Enacted
9- L.tfo~t L. Kriz, Mayor
ATTEST:
. /;fP.df!:.f
City C er
LEGAL DEPARTMENT
,.
ORDLNANCE NO. 6536
.
An ordinance creating Street Lmprovement District No. 995; defining the boundaries
of the dis~rict; providing for the improvement of streetG within the district by
paving, guttering and all incidental work in connection therewith; and to provide for
an effecti.ve date of this ordinance.
BE IT ORDAINED BY THE ~~YOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. Street Improvement District No. 995 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 on the West line of Grace Avenue, said point
being 150 feet North of the North line of Fifth Street; thence
running South on the \.Jest line of Grace Avenue for a distance of
360 feet to a point 150 feet South of the South line of Fifth
Street; thence running West on a line parallel to and 150 feet South
of the South line of Fifth Street for a distance of 564 feet to the
East line of Custer Avenue; thence running North on the East line
of Custer Avenue for a distance of 360 feet to a point 150 feet North
of the North line of Fifth Street; thence running East on a line
Earallel to and 150 feet North of the North line of Fifth Street
for a distance of 564 feet to the \.Jest line of Grace Avenue, being
the point of beginning, all as shown on the plat marked Exhibit "A",
attached hereto and incorporated herein by reference.
SECTION 3. The following streets in the district shall be improved by paving,
curbing, guttering, and all incidental work in connection therewith:
Fifth Street from Custer Avenue to Grace Avenue.
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
10. December. 1979
e
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ty Clerk
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lP'uAl DEPARTML:. - I
Mayor
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EXHIBITI~I
CITY 0 RANDISLANQINEBR.
ENGINEERING DEPARTMENT
1~~T65:I60 ACCOMPANY ORDINANCE> 1
I SC~L.E:..JII.=.IO&I..'.'L'.~..".'~';~'~"..'....'.........;~I~!~"'~rJ
STREET IMPROVEMENTDIST. NO..995
.
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ORDINANCE NO. 6537
An ordinance rezoning a certain area beyond the corporate boundaries of the City
of Grand Island, Nebraska, but within the zoning jurisdiction; changing the classifi-
cation of such tract; directing that such zoning changes and classifications be shown
on the official zoning map of the City of Grand Island; amending the provisions of
Section 36-7 of the Grand Island City Code to conform to such reclassification;
repealing conflicting ordinances; and providing the effective date of this ordinance.
WHEREAS, the Regional Planning Commission on November 7, 1979, 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 Ha~l County, Nebraska; and
WHEREAS, after public hearing on November 26, 1979, 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:
J.
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SECTION 1. That the following described tract of land in Hall County,
Nebraska, to wit:
That part of the Northeast Quarter of the Northwest Quarter
(NE.\NW.\) of Section Twelve (12), Township Eleven (11) North,
Range Nine (9) West of the 6th P.M., in Hall County, Nebraska,
lying South of U.S. Highway No. 30, including 18 acres, more
or less,
be'rezoned and reclassified and changed to Ml - Light 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.
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
lndependent.
EnactedlODecember1979
o/~~r:.
Mayor
ATI";f~~
. 1ty C er
1
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.
ORDINANCE NO. 6538
An ordinance to amend Section 36-80 of the Grand Island City Code pertaining to
conditional use permits; to provide for a penalty; to repeal the original section;
and to provide for the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. That Section 36-80 of the Grand Island City Code be amended to
read as follows:
"Sec. 36-80. CONDITIONAL USES - PROCEDURE AND ACTION BY CITY COUNCIL
After receipt of a conditional use application, the city clerk shall
schedule a public hearing before the city council to consider SU9h application.
Notice of such application shall be placed in a newspaper of general circulation
in the City at least one time ten (10) days prior to such hearing. In addition
to the publication, the city clerk shall cause a notice to be posted in a
conspicuous place on the property on which action is pending. Such notice
shall not be less than eighteen inches in height and twenty-four inches in
width with a white or yellow background and black letters not less than one
and one-half inches in height. Such posted notice shall be so placed upon
the premises that it is easily visible from the street nearest the same and
shall be so posted at least ten days prior to the date of such hearing. It
shall be unlawful for anyone to remove, mutilate, destroy or change such
posted notice prior to such hearing. Any person so doing shall be deemed
guilty of a misdemeanor. The hearing shall be held at which all interested
parties shall be heard. The city council may grant, grant with any conditions
or safeguards upon the property benefited by a conditional use, or deny the
application. Violation of any such conditions or safeguards, when made a part
of the terms under which the conditional use is granted, shall be deemed a
violation of this ordinance and punishable under Article IX. No conditiOnal
use permitting the erection or alteration of a building or other use
shall be valid for a period longer than one (1) year unless the building is
erected or altered or the use established within that period."
SECTION 2. That any person violating the provisions of this ordinance shall
upon conviction be deemed guilty of a misdemeanor and be punished in accordance
with Section 36-83 of this chapter.
SECTION 3. That Section 36-80 of the Grand Island City Code as heretofore
existing should be and hereby is, repealed.
SECTION 4. That this ordinance shall be in full force and 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
10 December 1979
9 ';' y
.~7w....-
obert L~ Kriz, Mayor
ATTEST: ~
.~ ~~~
City Cler
.
LEGAL DEPARTM:: ,.
.
.
"
ORDINANCE NO. 6539
An ordinance to amend Chapter 29 of the Grand Island City Code by amending
Section 29-52 pertaining to sewer use rates for consumers outside the city limits;
by adding thereto Sections 29-56.1, 29-60, 29-61, and 29-62 pertaining to accounting
systems for sewer revenue, user charge review, customer notification, and additional
charges for discharge of toxic pollutants damaging the city's treatment system; to
provide for severability; to repeal conflicting sections; and to provide an effective
date hereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. That Section 29-52 of the Grand Island City Code be amended to
read as follows:
"Sec. 29-52. CONSUMERS OUTSIDE CITY
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For connection with and service by the municipal sewer system
outside the corporate limits of the City of Grand Island, each
consumer or user shall pay the charges prescribed in Sections
29-50.1, 29-50, 29-50.2, and 29-51 as their proportionate share of
user charges, plus an additional charge equaled to 100 percent
of such charges as capital charges. The additional capital charges
are made for reimbursement of the investment the City has in its
sewer system. Connection with said system outside the corporate
lim~ts of the City may be made only when permission thereof is
. granted by the council of the City 0;1; Grand Island."
SECTION 2. That Chapter 29 of the Grand Island City Code be amended by adding
thereto Section 29-56.1 to read as follows:
"Sec. 29-56.1. ACCOUNTING SYSTEM
Under Ordinance No. 4131, the City of Grand Island, Nebraska,
has agreed to account for its revenues and expenditures in a specified
manner. It is considered that the requirements for user charge
accounting systems can be met by following the accounting procedures
outlined in Ordinance No. 4131 and supplemental ordinances which
have been ;issued subsequently for additional bonds."
SECTION 3. That Chapter 29 of the Grand Island City Code be amended by adding
thereto Section 29-60 to read as follows:
"Sec. 29-60. USER CHARGE SYSTEM REVIEW
The City will review the user charge system at least every two years
and revise user charge rates as necessary to insure that the system
generates adequate revenues to pay the cost of operation and maintenance
. ~ncluding replacement and that the system continues to provide for the
propo.rtional distribution of ope.ration and maintenance, including
;r;eplaceIl).ent expenses among users and user classes."
SECTION 4. That Chapter 29 of the Grand Island City Code be amended by adding
thereto Section 29-61 to read as follows;
"Sec. 29-61. CUSTOMER NOTIFICATION
The City will notify each user at least annually, in conjunction with
a regular bill, of the rate being charged for operation and maintenance
;including replacement expenses of the wastewater treatment works."
1
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.
ORDINANCE NO. 6539 (Cont'd)
SECTION 5. That Chapter 29 of the Grand Island City Code be amended by adding
thereto Section 29-62 to read as follows:
"Sec. 29-62. TOXIC POLLUTANTS
Any user which discharges any toxic pollutants which cause an
increase in the cost of managing the effluent or the aludge from the
city's treatment works, or any user which discharges any substance
which singly or by interaction with other substances causes identifiable
increases in the cost of operation and maintenance, including replacement
of the treatment works, shall pay for such increased cost."
SECTION 6. If the provisions of any paragraph, section, or article of this
ordinance are declared unconstitutional or invalid by the final decision of any
court of competent jurisdiction, the provisions of the remaining paragraphs, sections,
or articles shall continue in full force and effect.
SECTION 7. That Section 29-52 of the Grand Island City Code, together with
any ordinance or part thereof in conflict with this ordinance, as heretofore existing,
should be and hereby is, repealed.
SECTION 8. This ordinance shall be in full force and 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
10 December 1979
0)4a~ Mayor
ATTEST, ~
.~.-J
J..ty C er
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