1965 Ordinances
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ORDINANCE NO.
4181
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AN ORDINANCE PERTAINING TO THE USE OF THE SANITARY SEWERAGE SYSTEM
AND DISPOSAL PLANT OF THE CITY OF GRAND ISLAND, AMENDING ORDINANCE NO.
3710, ORDINANCE NO. 4031, and ORDINANCE NO. 4136; ESTABLISHING AND mKING
JUST AND EQUITABLE RATES, RENTALS AND CHARGES TO BE PAID TO THE CITY OF
GRAND ISLAND FOR THE USE OF ITS DISPOSAL PLANT AND SEWERAGE SYSTEM BY
PERSONS, FIRMS AND CORPORA.TIONS WHOSE PREMISES ARE SERVED THEREBY;
PROVIDING FOR THE COLLECTION OF SUCH RENTALS AND CHARGES AND FOR THE
APPLICATION AND USE OF THE MONEYS COLLECTED THEREFROM: AND REPEALING
SAID ORIGINAL ORDINANCES NO. 3710, NO. 4031, and NO. 4136.
BE IT ORDA.INED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND,
NEBRASKA :
That Ordinance No. 3710 adopted August 23, 1961, as amended by Ordinances
No. 4031 and No. 4136 adopted July 24, 1963, and May 18, 1964, respectively,
is hereby further amended so as to read in its entirety as follows:
SECTION 1. The Mayor and Council of the City of Grand Island hereby
find and determine: This city has const~ucted and owns and 9perates a
sewerage system and plant for the treatment, purification and disposal in
a sanitary manner of the liquid and solid wastes, sewage and night soil of
such community; that the Mayor and Council have heretofore found that it is
necessary that the existing sanitary sewerage system be extended and improved
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and additional equipment provided therefor, and in order to pay the costs of
such construction, extension, improvements and equippings, there have hereto-
fore been issued $1,670,000 Sanitary Sewerage Revenue Bonds, Series of 1964,
of the City, such bonds being issued under the provisions of Ordinance No.
4131 and being payable solely out of and secured only by the revenue derived
from the rates, rentals and charges made for the use of said sewerage system,
including the disposal plant; that in order to provide the revenues to operate
and maintain the sewerage system and disposal plant, to pay the principal of
and interest upon all bonds of the City payable from the revenues derived
therefrom, to carry out all covenants provided in Ordinance No. 4131 author-
izing the issuance of such bonds (including, without limiting the generality
of the foregoing, the provisions of said Ordinance for the issuance of
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additional bonds payable on a parity from the revenues of the sanitary
sewerage plant, including the disposal system, and the creation of a reserve
fund for future maintenance), it is necessary that the City establish just
and equitable rates, rentals and charges to be paid to the City for the use
of such disposal plant and sewerage system by each person, firm or corporation
whose premises are served thereby.
... 1 ...
ORDINANCE NO. 4181
(Cont'd)
SECTION 2. The word "user" is used in this ordinance to include all
users of the municipal sewerage system of the City and shall include all
persons, firms or corporations whose premises are served thereby and all
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owners and tenants of real estate and buildings connected with said sewerage
system or served thereby and all other users of said system who in any way
use the same or discharge sanitary sewage, industrial waste, water or other
liquid either directly or indirectly into the sewerage system of the City of
Grand Island, Nebraska.
Users shall be classified as residential or commercial. For the purpose
of this ordinance a residential user is one whose property is employed or
occupied exclusively for residential purposes and commercial users are all
users other than residential users.
SECTION J. For the use of said sewer system, each user shall pay a
rental and use charge which shall be computed and based on his contribution
of sewage to said system.
The charges to be paid by residential users for the rental and use
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of the sewerage system and disposal plant shall be based upon the contribution
of sewage into the sytem, and the same shall be computed upon the amount of
water consumed during the two winter quarters, and the lower of such winter
quarterly meter readings shall be used in arriving at such charges. Commercial
users shall pay according to the quarterly meter reading which precedes
billing.
The charges for sewer rental and use shall be paid either quarterly or
monthly in conformance with the billing for water and each user shall be
billed in accordance with the following schedule of rates:
For the first 1000 cubic feet of water used per month, $).240 per
100 cubic feet.
For the next JOOO cubic feet of water used per month,$0.150 per
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100 cubic feet.
For the next 6000 cubic feet of water used per month, ~.100 per
100 cubic feet.
For the next 90,000 cubic feet of water used per month, ~.080 per
100 cubic feet.
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(Cont'd)
ORDINANCE NO.
4181
For the next 100,000 cubic feet of water used per month, $0.060 per
100 cubic feet.
For the next 200,000 cubic feet of water used per month, $0.050 per
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100 cubic feet.
The minimum charge for sewer rental and use to users who are
billed quarterly shall be $2.40 for which 1000 cubic feet of sewage may be
contributed.
The minimum charge for sewer rental and use to users who are
billed monthly shall be $1.00 for which 333 1-3 cubic feet of sewage may
be contributed.
SECTION 4. For connection with and service by the municipal sewerage
system outside the corporate limits of the City of Grand Island each user
shall pay a rental and use charge twice that prescribed in Section 3 hereof.
Connections with said system outside the corporate limits of the City may be
made only when permission therefor is granted by the City.
SECTION 5. The rental and use charge shall be applied separately to
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each individual water meter which measures water contributing to or dis-
charging into the sewerage system and shall be determined by the water meter
reading for water furnished by the water works system of the City or by
privately owned water supply which may contribute to or discharge into the
sewerage system. In the case of urunetered water supply the quantity of
water used and discharged into the sewerage system of said City shall be
determined to the satisfaction of the Council and at the expense of the owner
of the urunetered water supply. If the quantity of urunetered water discharged
into the sewerage system is estimated by the Council to be in excess of
1,000 cubic feet per month for anyone month the Council may require that
such water supply be metered at the expense of the owner or user.
Should the meters get out of order or repair and fail to register
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properly the user will be charged at the average monthly consumption as
shown by the meter when in order for six months previous, or fraction
thereof if the same has not been used that long.
SECTION 6. The rental and use charges prescribed by this ordinance
shall be collected at the same time and in the same manner and by the same
officers as water charges are collected by the City.
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ORDINANCE NO.
4181
(Cont'd)
SECTION 7. All rental and use charges prescribed by this ordinance
shall be a lien upon the premises and real estate for which the sewer
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service is supplied and used and if not paid when due such rental and use
charge shall be certified to the City Treasurer and may be recovered by
the City in an action at law and it may be certified to the County Clerk
and assessed against the real estate and premises served and be collected
and returned in the same manner as other city taxes are certified, assessed,
collected and returned. Bills for the rental and use charges made by this
ordinance shall be rendered for water service of the City and all rental
and use charges levied by this ordinance which are not paid at or before
water service charges of the City are required to be paid shall be deemed
to be delinquent and the water service of such user may be discontinued.
SECTION 8. The Mayor and Council hereby find and determine that the
rates, rentals and charges established by this ordinance are just and
equitable rates, rentals and charges to be paid to the City for the use of
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such disposal plant and sewerage system by each person, firm or corporation
whose premises are served thereby.
All moneys collected for such rental and use charges shall, when collected,
be paid into the separate special fund or account established and created
by Ordinance No. 4131 of the City designated and known as "the City of Grand
Island Sewer Revenue Fund," and shall be used pursuant to Article 5, Chapter
18, Reissue Revised Statutes of Nebraska of 1943, and as more fully provided
in said Ordinance No. 4131, to pay the principal of and interest on all the
said Sanitary Sewerage Revenue Bonds, Series of 1964, and all other revenue
bonds of the City payable on a parity and equally and ratably secured there-
with; to establish and maintain a reserve fund for the payment of such
principal and interest; to pay, together with other moneys that may be and
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are lawfully applied thereto, the costs of operation and maintenance of
the sewer system and disposal plant or plants; to pay any other indebtedness
against said system and plants or against said revenues; to create a reserve
fund for future maintenance; and to carry out all covenants of the City
provided in said Ordinance No. 4131.
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ORDINANCE NO.
4181
(Cont'd)
SECTION 9. Where in the judgment of the Council special conditions
surround the use of City Water to the extent that the application of the
service charges, rates or rentals as specified herein would be inequitable
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and unfair to either the City of Grand Island or the users, the Council
shall establish a special rate applying to such users. Such special rates
when adopted by ordinance by the City Council shall apply to all users
under like circumstances.
SECTION 10. That Ordinance No. 3170, Ordinance No. 4031, and Ordinance
No. 4136, and all other ordinances and parts of ordinances in conflict here-
with be, and the same are hereby repealed as of February 1, 1965; provided
that neither the adoption of this ordinance nor the provisions of this
section shall be construed to constitute a revision of any special rates
heretofore adopted by the City Council under the provisions of Section 9
of Ordinance No. 3710 or of any other special rates, rentals or charges
adopted by the City Council by any other ordinances.
SECTION 11. The provisions of this ordinance do not apply to water
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discharged into the storm sewer.
SECTION 12. This ordinance shall be in force and take effect from
and after February 1, 1965.
Enacted the 25th day of January, 1965.
%. g~
C-:-~ v~. ' . . ~~t$L4'r""
President of the Council and
ex officio Mayor of the City
of Grand Island
Attest:
,
f~
~' City Clerk
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ORDINANCE NO.
4182
~4lO~.DllIU;..-cIL:I(Wl,'~;I!lI"
An ordinance to repeal certain ordinances creating special
assessment districts requiring the expenditure of public funds where
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the City Council enacting the respective ordinance, and successor
councils have refrained from proceeding with the completion of the
district; repealing Ordinances No'd. 3402, 3864, 4026, 4O$6t 4051,
4052, 4053, 4054, 4065, 4079, 4080, and 4087; and to provide the
effective date hereof.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
WHEREAS, it is the policy of the City Council of the City of
Grand Island, acting pursuant to Article 6, Chapter 19, City Manager
Plan, of Revised Statutes of Nebraska, not to use proceeds of general
tax levies for the construction of paving, sanitary sewer, and water
districts for the benefit of subdividers, developers, and builders;
SECTION 1. That Ordinance No. 3402 for commencement of Paving
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District No. 298, be, and the same hereby is, repealed.
SECTION 2. That Ordinance No. 3864 for commencement of Paving
District No. 383, be, and the same hereby is, repealed.
SECTION 3. That Ordinance No. 4026 for commencement of Paving
District No. 400, be, and the same hereby is, repealed.
SECTION 4. That Ordinance No. 4050 for commencement of Paving
District No. 401, be, and the same hereby is, repealed.
SECTION 5. That Ordinance No. 4051 for commencement of Paving'
District No. 402, be, and the same hereby is, repealed.
SECTION 6. That Ordinance No. 4052 for commencement of Paving
District No. 403, be, and the same hereby is, repealed.
SECTION 7. That Ordinance No. 4053 for commencement of Paving
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District No. 404, be, and the same hereby is, repealed.
SECTION 8. That Ordinance No. 4054 for commencement of Paving
District No. 405, be, and the same hereby is, repealed.
SECTION 9. That Ordinance No. 4065 for commencement of Paving
District No. 406, be, and the same hereby is, repealed.
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ORDINANCE NO.
4182
(Cont'd)
SECTION 10. That Ordinance No. 4087 for commencement of Paving
District No. 407, be, and the same hereby is, repealed.
SECTION 11. That Ordinance No. 4079 for commencement of Sanitary
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Sewer District No. 350, be, and the same hereby is, repealed.
SECTION 12. That Ordinance No. 4080 for commencement of Water
District No. 242, be, and the same hereby is, r~aled.
SECTION 13. This ordinance shall take effect, as by law provided,
from and after its passage, and publication within thirty days in one
issue of the Grand Island Daily Independent.
Enacted this 8th day of February, 1965.
/">1 " "'
a l " \ I :,-f!~ n
1;- (-n'~/'t( "i.{;',> < " 'l>) i _ ~J /L" " ,,~
President of the Council
A~~,,"b
V' City Clerk
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(ATTACH AND IDENTIFY THE dbNSTRUCTION CONTRACTS
AS REFERRED TO IN PARAGRAPH C eF ARTICLE III. )
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EXHIBIT L & A - D -
r
(ATTACH AND IDENTIFY THE CONSTRUCTION CONTRACTS
AS REFERRED TO IN PARAGRAPH C 8F ARTICLE III.)
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EXHIBIT L & A - D -
MORTGAGE AND INDENTURE OF TRUST
THIS MORTGAGE AND INDENTURE OF TRUST, made and entered
of the 1st day of April, 1964, by and between CITY OF GRAND
a municipal corporation and a City of the First Class of the
Nebraska {hereinafter sometimes referred to as the "City"},
of the First Part, and First National Bank of Omaha, a
national banking association, duly organized, existing and authorized
to accept and execute trusts of the character herein set out under
and by virtue of the laws of the United States of America, with its
principal office and post office address in the City of Omaha,
Nebraska, as Trustee, Party of the Second Part (hereinafter sometimes
referred to as "Trustee");
into as
. ISLAND ,
I State of
as Party
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WIT N E SSE T H:
WHEREAS, the City is authorized by Legislative Bill 159 of
the Seventy-second Session of the Legislature of the State of Nebraska,
approved March 14, 1961# as amended by Legislative Bill 142 of the
Seventy-third Session of said Legislature, approved March 4, 1963
(which together are hereinafter sometimes referred to as the "Act" h
to acquire lands, buildings and other improvements situated thereon,
and machinery, equipment, fixtures and other personal properties
deemed necessary in connection therewith, and to lease the same as
a project in order to provide for the acquisition, purchase, construc-
tion, improvement, betterment and extension of industrial development
in Nebraska; and
WHEREAS, the City is authorized by the Act to issue revenue
bonds secured by a mortgage on the Project and payable solely from
the revenues derived from leasing the Project thus acquired through
the issuance of such revenue bonds and from the Bond Fund herein
established; and
WHEREAS, the City has negotiated and, pursuant to an ordi-
nance of the City Council of the City duly adopted on
1964 and on said day signed by the President of the City Council as
ex officio Mayor of said City, has entered into a Lease with
,
Exhibit C - 1
Swift & Company, an Illinois corporation, authorized to do business
in the State of Nebraska (hereinafter sometimes referred to as
"Swift") predicated upon the fincU.ngs and determinations by the
City Council as the governing body of the City, as required particu-
larly by Section 5 of the Act, whereunder, solely from the proceeds
of such revenue bonds, the City will acquire the land described in
Exhibit. M & I-A hereto attached on which will be constructed a plant
consisting of buildings and improvements and in which there will be
installed machinery, equipment, fixtures and other personal properties
deemed necessary in connection therewith and such land and plant to be
purchased or paid for out of a portion of the proceeds (all of which
in the aggregate are herein referred to as the "Project") and has
leased the Project to Swift in consideration of rentals to be paid
into a Bond Fund which, together with certain interest to be capital-
lized out of the bond proceeds, will be sufficient to pay the principal
of and the interest on the revenue bonds issued by the City, as herein
II recited, to finance the Project; and
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WHEREAS, the acquisition and leasing of the Project and the
issuance of revenue bonds by the City, as herein recited and provided,
will serve the intended accomplishments and in all respects conform
to the provisions and requirements of the Act; and
WHEREAS, the execution and delivery of this Mortgage and
Indenture of Trust (hereinafter sometimes referred to as the "f.1ortgage"
or the "Indenture") and the issuance of the Industrial Development
Revenue Bonds under the Act have been in all respects duly and validly
authorized by an Ordinance duly adopted by the City Council on
, 1964 and on said day signed by the President of
the City Council as ex officio Mayor of said City; and
WHEREAS, it has been determined that the estimated amount
necessary to finance the cost of the acquisition and construction of
the Project, including expenses incident thereto, and including the
interest becoming due upon such initial series of bonds during the ~
Exhibi t c -2-
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period of acquisition and construction of the Project and also to pay
certain expenses of such bond issue, will require that an initial
issue of revenue bonds of the tity in the total principal amount of
Three Million Four Hundred Thopsand Dollars ($3,400,000) should be
authorized for issuance, sale and delivery, as hereinafter provided;
and
WHEREAS, the bonds of the initial series, the interest
coupons to be attached thereto and the Trustee's certificate to be
endorsed thereon are all to be in substantially the following form,
with necessary and appropriate variations, omissions and inBe~tions
as permitted or required by this Mortgage, to-wit:
(Form of Bond)
UNITED STATES OF AMERICA
STATE OF NEBRASKA
COUNTY OF HALL
CITY OF GRAND ISLAND
INDUSTRIAL DEVELOPMENT REVENUE BOND - SERIES A
(SWift Project)
No.
$5, 000
KNOW ALL MEN BY THESE PRESENTS: that the City of Grand
Island, in the State of Nebraska, for value received, promises to
pay solely from the source and as hereinafter provided, to bearer,
or, if this bond be registered, to the registered owner hereof, on
April 1, 19___ (unless sooner redeemed), the principal sum of FIVE
THOUSAND DOLLARS ($5,000) and in like manner to pay interest on said
sum from the date hereof at the rate 'of
Per
Cent per annum, payable on October 1, 1964, and thereafter on April 1
and October 1 of each year until said principal sum is paid, except
as the provisions hereinafter set forth with respect to redemption
prior to maturity may be and become applicable hereto, all such in-
terest which may accrue on and prior to maturity of this Bond to be
payable upQn presentation and surrender of the annexed coupons as
they severally become due. Both the principal of this Bond and the
premium, if any, and the interest hereon are payable in lawful money
of the United States of America at the Continental Il11nois National
Exhi bi t C- 3-
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Bank and Trust Company of Chicago, in the City of Chicago, Illinois.
This Bond is one of a duly authorized issue of bonds
(herein called the "Bonds") issuable in series without express limit
as to principal amount. The series of Bonds of which this one is a
part is designated Series A, numbered consecutively from 1 to 680,
inclusive, aggregating Three Million Four Hundred Thousand Dollars
($3,400,000) principal amount, of like date and tenor, except as to
interest rates, priority of redemption and maturities. The Series A
Bonds are issued for the purpose of acquiring certain land, and
constructing thereon a plant consisting of buildings, improvements
and machinery, equipment, fixtures and other personal properties
necessary in connection therewith (hereinafter called the "Project")
located in the City of Grand Island, in Hall County, Nebraska. The
said Bonds are all issued under and are all equally and ratably
secured and entitled to the protection given by a Mortgage and Inden-
ture of Trust (herein called the "Mortgage"), dated as of April 1,
1964, duly executed and delivered by said City to First National Bank
of Omaha, in the City of Omaha, Nebraska, as Trustee, which Mortgage
is recorded in the offices of the Register of Deeds and County Clerk
of Hall County, Nebraska, and reference is hereby made to the Mortgage
and to all supplements thereto for a description of the property
mortgaged, the provisions, among others, with respect to the nature
and extent of the security, the rights, duties and obligations of
said City, the Trustee and the holders of the Bonds and the terms
upon which the Bonds are issued and secured.
The Series A Bonds shall be non-callable for redemption
prior to April 1, 1974, except in the event (1) all or substantially
all of the Project is condemned, or (2) the Project is substantially
destroyed and not replaced for four months, or (3) occurrence of
legal changes making the lease between the City and Swift, void,
unenforceable or impossible of performance or imposing unreasonable
burdens or excessive liabilities upon either of them, or (4) the
Exhibit C-4_
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Project is adjudged a ~ublic nuisance anQ its operation i~ enjoined,
(all as more specifically set forth in the Lease and Agreement identi-
fied in the Mortgage). If the Series A Bonds become subject to re-
demption prior to April 1, 1974, they will be redeemed, in whole and
not in part, at 104% of principal amount plus accrued interest, on
the next succeeding interest payment date upon the required exercise
by Swift of its option to purchase the Project. Of said Series A
Bonds, bonds numbered 20~ to 680, inclusive, in the aggregate amount
of Two Million Three Hundred Ninety-five Thousand Dollars ($2,395,000),
are redeemable at the qption of the City, prior to their maturity,
on any interest payment date on or after April 1, 1974, in whole or
in part, in the inverse order of their number, upon terms of the
principal amount thereof and accrued interest to the redemption date,
plus a premium computed as follows:
Redemption Dates
(Both Dates Inclusive)
April 1, 1974 to October 1, 1976
April 1, 1977 to October 1, 1977
April 1, 1978 to October 1, 1978
April 1, 1979 to October 1, 1979
April 1, 1980 to October 1, 1980
April 1, 1981 to October 1, 1981
April 1, 1982 to October 1, 1982
April 1, 1983 to October 1, 1983
April 1, 1984 to October 1, 1984
April 1, 1985 to October 1, 1985
April 1, 1986 to October 1, 1986
April 1, 1987 to October 1, 1987
April 1, 1988 and thereafter
Redemption Premium stated
as a '% of Principal Amount
2-3/~~
2-1/2%
2-1/4%
2%
1-3/4%
1-1/2%
1-1/4%
1%
3/4 of 1%
1/2 of 1%
1/4 of 1%
None
Notice of the call for any such redemption and payment
prior to maturity, identifying the bonds to be redeemed will be pub-
lished at least one time in a newspaper of general statewide circu-
lation in the City of Omaha, Nebraska, and also in a nationally
distributed financial publication, such as the Wall Street Journal,
the dates of such publication of such notice to be not less than
thirty (30) days before the date fixed for redemption. In addition,
notice of such redemption of any Bonds at the time registered as to
principal will be given by registered or certified mail to the regis-
tered owner addressed to such registered owner at his registered
Exhibit c -5-
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address and placed in the mails not less than thirty (30) days prior
to the date fixed for redemption. In the event that all of the Bonds
to be redeemed are at that time registered as to principal, notice by
registered or certified mail to the owner or owners thereof not less
than thirty (30) days prior to the date fixed tor redemption shall be
sufficient and published notice of the call for redemption need not
be given. All Bonds so called for redemption will cease to bear in-
terest on the specified redemption date, provided funds for their
retirement are on deposit at the place of payment at that time, and,
except for the purpose of payment, shall no longer be protected by
the Mortgage and shall not be deemed to be outstanding under the
provisions of the Mortgage.
This Bond and the series of which it forms a part as may
be outstanding from time to time, are issued pursuant to and in full
compliance with the Constitution and laws of the State of Nebraska,
particularly Legislative Bill 159 of the Seventy-second Session of
the Legislature of the State of Nebraska, approved March 14, 1961
(Sections 18-1614 to 18-1623, inclusive, Revised Statutes of Nebraska,
1943, Reissue of 1962) and as amended by Legislative Bill 142 of
the Seventy-third Session of said Legislature, approved March 4,
1963 and pursuant to an Ordinance duly adopted by the City Council
of said City on the day of , 1964, and on said
date being duly signed by the President of the City Council as ex offici
Mayor of said City, which Ordinance authorizes the execution and
delivery of the Mortgage. This Bond and the series of which it
forms a part and the interest coupons appertaining thereto are limited
obligations and shall never constitute an indebtedness of the City
within the meaning of any state constitutional prOVisions or statu-
tory limitation, but are payable solely out of the revenues derived
from the leasing of the Project financed through the issuance of
said Bonds and which has been leased to Swift & Company, an Illinois
corporation (herein referred to as "Swift") for rentals sufficient
Exhibit c -6-
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to pay the principal of and interest on the Bonds as the same become
due and under which lease Swift has undertaken to pay the costs of
maintenance~ insurance and taxes and other expenses of and impositions
on the Project. Said Bonds and the interest coupons appertaining
thereto shall not constitute nor give rise to a pecuniary liability
of said City or a charge against its general credit or taxing powers.
Rental payments sufficient for the prompt payment when due of the
interest on and principal of said Bonds are to be paid to the Trustee
for the account of the City and deposited in a special account created
by the City and designated "City of Grand Island Industrial Develop-
ment Revenue Bond Fund-Swift Project'l ~ and have been and are hereby
duly pledged for that purpose. In addition~ the Bonds are secured
by a mortgage on the Project constructed and acquired with the pro-
ceeds of said Bonds.
It is hereby expressly declared~ and the owner hereof by
I acceptance of this Bond hereby consent s ~ that the Bonds of the
series of which this is a part shall not have or be entitled to any
priority over the Bonds of any other series of Bonds which may be
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issued on a parity with this Bond and the series of which it forms
a part in accordance with the provisions of the Mortgage with
respect to said pledge of rental payments or with respect to the
lien of the Mortgage~ and that any series of Bonds hereafter issued
pursuant to the provisions contained in the Mortgage shall be on a
parity~ with respect to said pledge and lien~ with the Bonds of all
series theretofore issued under and in compliance with the provisions
contained in the Mortgage.
The holder of this Bond shall have no right to enforce the
provisions of the Mortgage or to institute action to enforce the
covenantsfuerein. or to take any action with respect to any event
of default under the Mortgage~ or to institute~ appear in or defend
any suit or other proceedings with respect thereto~except as pro-
vided in the Mortgage. In certain events, on the conditions, in
the manner and with the effect set forth in the Mortgage, the principal
Exhibi t c -7-
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of all the Bonds issued under the Mortgage and then outstanding may
become or may be declared due and payable before the stated maturity
thereof, together with interest accrued thereon. Modifications or
alterations of the Mortgage, or of any supplements thereto, and re-
lease of parts of the property mortgaged may be made only to the ex-
tent and in the circumsta~ces permitted by the Mortgage.
This Bond may be registered as to principal alone and may
be discharged from such registration, in the manner, with the effect
and subject to the terms and conditions endorsed hereon and set forth
in the Mortgage. Subject to the provisions for registration endorsed
hereon and contained in the Mortgage, this Bond and all interest cou-
pons appertaining hereto are to be construed as negotiable instruments
under the laws of the State of Nebraska.
IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts,
conditions and things required to exist, happen and be performed pre-
cedent to and in the execution and delivery of the Mortgage and the
issuance of this Bond do exist, have happened and have been performed
in due time, form and manner as required by law; that the issuance of
this Bond and the series of which it forms a part, together with all
other obligations of the City, does not exceed or violate any consti-
tutional or statutory limitation; and that themvenues pledged to the
payment of the principal of and interest on this Bond and the series
of which it forms a part, as the same become due, will be sufficient
in amount for that purpose,
This Bond shall not be valid or become obligatory for any
purpose or be entitled to any security or benefit under the Mortgage
until the Certificate of Authentication hereon shall have been signed
by the Trustee and this Bond shall have been registered with the
Auditor of Public Accounts of the State of Nebraska and the County
Clerk of Hall County, Nebraska.
IN WITNESS WHEREOF, said City of Grand Island has caused
this Bond to be executed in its name by its Mayor, and attested by
its City Clerk, who have manually subscribed their signatures to this
Exhibit c -8-
.
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Bond3 thereunto duly authorized3 and its corporate seal to be affixed
hereto3 and has caused the interest coupons attached hereto to be
executed by the facsimile signatures of said officers and said offi-
cers, by the execution hereof do hereby adopt as and for their own
proper signatures, their respective facsimile signatures appearing
on said coupons, all as of the first day of April, 1964.
CITY OF GRAND ISLAND, NEBRASKA
By
President of the City Council
and ex officio Mayor.
ATTEST:
I, City Clerk
(Form of Trustee's Certificate)
TRUSTEE'S CERTIFICATE OF AUTHENTICATION
This Bond is one of the bonds of the series designated
therein and is~ued under the provisions of the within mentioned
Mortgage and InQ~nture of Trust.
FIRST NATIONAL BANK OF OMAHA
~
Authorized Officer
(F~ of Registration by State AUditor)
STATE OF NEBRASKA l
SS
OFFICE OF AUDITOR 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
Exhibit c -9-
~ (S E A L)
II Registry No.
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the provisions of the Reissue Revised Statutes of Nebraska, 1943.
WITNESS my signature and seal of office this
day
of
, 1964.
Auditor of Public Accounts
Book No.
(Form of County Clerk's Certificate)
(For all Bonds)
Page No.
STATE OF NEBRASKAj
SS
COUNTy OF HALL
I, the undersigned, County Clerk of the County of Hall,
in the State of Nebraska, do hereby certify that the within Bond
has been registered in my office pursuant to the provisions of the
Reissue Revised Statutes of Nebraska, 1943.
WITNESS my signature and seal of office this
day of
, 1964.
County Clerk
(S E A L)
(Form of Interest Coupon)
No.
$
On the first day of
, the City of Grand
Island, Nebraska (unless the Bond to which this coupon appertains
shall have been previously called for redemption or shall have become
payable as provided in the Mortgage referred to in said Bond and pro-
vision for payment thereof shall have been made) will pay to bearer,
subject to the provisions of said Mortgage and solely from the revenues
pledged to the payment hereof as provided in said Bond and as referred
to in said Mortgage, and upon presentation and surrender of this cou-
pon at the Continental Illinois National Bank and Trust Company of
Chicago, in the City of Chicago, Illinois, the sum of
($
Dollars
), in lawful money of the United States of America, as
Exhibit C -10-
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provided in and being semi-annual interest then due on its Industrial
Development Revenue Bond-Series A (Swift Project), dated April 1,
1964, and numbered
President of the City Council and
ex officio Mayor.
City Clerk
PROVISIONS FOR REGISTRATION
This Bond may be registered as to principal only in the
name of the holder on the books of the City of Grand Island, Nebraska,
to be kept by the Trustee under the within mentioned Mortgage and
Indenture of Trust, as Bond Registrar~ upon presentation hereof to
the Bond Registrar, which shall make notation of such registration in
the registration blank below, and this Bond may thereafter be trans-
ferred only upon an assignment duly executed by the registered owner
or his attorney, or legal representative, in such form as shall be
satisfactory to the Bond Registrar, such transfer to be made on such
books and endorsed hereon by the Bond Registrar. Such transfer may
be to bearer and thereafter transferability by delivery shall be
restored, but this Bond shall again be subject to successive regis-
trations and transfers as before. The principal of this Bond, if
registered, unless registered to bearer, shall be payable only to or
upon the order of the registered owner or his legal representative.
Notwithstanding the registration of this Bond as to principal, the
appurtenant interest coupons shall remain payable to bearer and shall
continue to be transferable by delivery.
Date of
Registration
Name of
Ree;lstered Owner
Signature of
Bond Re~lstrar
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
and
WHEREAS, all things necessary to make the said bonds, when
authenticated by the Trustee and issued as in this Mortgage provided,
Exhibit c -11-
.
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the valid, binding and legal obligations of the City according to
the import thereof, and to constitute this Mortgage a valid lien on
the properties mortgaged, subject to the Lease and Agreement with
Swift & Company, and a valid pledge of the revenues herein made to
the payment of the principal of and interest on said Bonds, have. been
done and performed, and the creation, execution and delivery of this
Mortgage, and the creation, execution and issuance of said Bonds,
subject to the terms hereof, have in all respects been duly authorized.
NOW, THEREFORE.. KNOW ALL MEN BY THESE PRESENTS:
THIS MORTGAGE AND INDENTURE OF TRUST WrrNESSE:TH:
That the City, in consideration of the premises and the
acceptance by the Trustee of the trusts hereby created and of the
purchase and acceptance of the bonds by the holders and owners thereof,
and of the sum of One Dollar ($1.00), lawful money of the United
States of America, to it duly paid by the Trustee at or before the
execution and delivery of these presents, and for other good and
valuable considerations, the receipt of which 1s hereby acknowledged,
in order to secure the payment of the principal of and interest on
the Bonds according to their tenor and effect and the performance and
observance by the City of all the covenants expressed or implied
herein and in the Bonds, does hereby grant, bargain, sell, convey,
mortgage and pledge unto First National Bank of Omaha, as Trustee,
and unto ita successors in trust, and to them and their assigns for-
ever for the securing of the performance of the obligations of the
City hereinafter set forth, the following:
1.
The real estate and premises situated in the County of Hall
and State of Nebraska, described in Exhibit M & I-A hereto attached
and made a part hereof by reference, together with all buildings,
additions and improvements now or hereafter located thereon or therein#
with the tenements, hereditaments, appurtenances, rights, priVileges
and immunities thereunto belonging or appertaining, and warrants the
title to the same.
Exhibit c -12-
.
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2.
All revenues and income derived by the City from the Pro-
ject, including, without limitation, all rentals received by the City
from the leasing of the Project and in particular the rentals and
profits received under and pursuant to that certain Lease and Agree-
ment by and between the City, as Lessor, and Swift & Company, as
Lessee (hereinafter more specifically identified) and pursuant to the
terms of which Basic Rent is to be forwarded directly to the Trustee
for the Account of the City and deposited in the Account of the City
therein designated "City of Grand Island Industrial Development
Revenue Bond Fund-Swift Project" (herein sometimes referred to as
the ttBond Fund II ) .
3.
All items of property and equipment purchased out of bond
proceeds or substituted to the lien of the Mortgage (hereinafter de-
fined as "Leased Equipment") which will include a plant for the
slaughtering and processing of beef animals, together with all
facilities, related auxiliaries, equipment and fixtures incident
thereto.
4.
Any and all other property of every name and nature from
time to time hereafter by delivery or by writing of any kind conveyed,
mortgaged, pledged, assigned or transferred, as and for additional
seourity hereunder by the City or by anyone in its behalf (including
mortgages given with respect to Leased Equipment), or with its written
consent to the Trustee which is hereby authorized to receive any and
all such property at any and all times and to hold and apply the same
subject to the terms hereof.
TO HAVE AND TO HOLD all the same with all privileges and
appurtenances hereby conveyed and assigned, or agreed or intended so
to be to the Trustee and its respective successors in said Trust and
to them and their assigns forever;
IN TRUST, NEVERTHELESS, upon the terms and trusts herein
set forth for the equal and proportionate benefit, security and pro-
tection of all holders or owners of the said Bonds (Of whatever series)
and interest coupons thereto attached, issued under and secured by
Exhibi t c -13-
.
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this Mortgage without privilege, priority or distinction as to the
lien or otherwise of any of said bonds or coupons thereto attached
over any of the others of said bonds;
PROVIDED, HOWEVER, that if the City, its successors or
assigns, shall well and truly pay, or cause to be paid, the principal
of the bonds and the interest due or to become due thereon, at the
times and in the manner mentioned in the bonds and the interest
coupons appertaining to the bonds, respectively, according to the
true intent and meaning thereof, and shall make the payments into
the Bond Fund as required under Article V, or shall provide, as
p~rmitted hereby, for the payment thereof by depositing with the
T~ustee the entire amount du~ or to become due thereon, and shall
well and truly keep, perform and observe all the covenants and con-
ditions pursuant to the terms of this Mortgage' and the rights hereby
granted shall cease, determine and be void, otherwise this Mortgage
to be and remain in full force and effect.
THIS MORTGAGE AND INDENTURE OF TRUsr FURTHER WPrNESSETH
that, and it is expressly declared, all bonds issued and secured
hereunder or to be issued, authenticated and delivered and all said
revenues, income and other property hereby pledged are to be dealt
with and disposed of under, upon and subject to the terms, conditions,
stipulations, covenants, agreements, trusts, uses and purposes as
herei~fter expressed, and the City has agreed and covenanted, and
does hereby agree and covenant, with the Trustee and with the respec-
tive holders and owners, from time to time, of the said bonds or cou-
pons, qr any part thereof, as follows, that is to say:
ARTICLE I
nerinitions
Section 101.
In addition to the words and terms elsewhere
defined in this Mortgage, the rollowing words and terms as used in
this ~ortgage shall have the following meanings unless the context
or use indicates another or different meaning or intent:
"City of Grand Island Industrial Development Revenue
Bond Fund-Swift Project" or i'Bond Fund" - The fund created
Exhibit c -14-
.
I
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by Section 502 of the Mortgage into which the funds speci-
fied in Article V are to be deposited.
"City of Grand Island Industrial Development Construction
Fund-Swift Project" or "Construction Fund" - Tge fund created
by Section 602 of the Mortgage into which the portion of the
proceeds of the sale of the bonds specified in Section 602 is
to be deposited and out of which disbursements are to be made
in the manner and for the purposes specified in Article VI of
the Mortgage.
"Trusteell - First National Bank of Omaha, Party of the
Second Part hereto, and its corporate successor or successors
in trust under this Mortgage.
"Lease or Lease and Agreementll or "Swift Lease" - The
Lease and Agreement executed by and on behalf of the City with
Swift & Company, as authorized by the bond ordinance of the
City adopted by the City Council on
, 1964 and
I
on said day signed by the President of the City Council as ex
officio Mayor of said City.
"Swift" - Swift & Company, an Illinois corporation duly
qualified and authorized to do business in the State of
Nebraska, and its permitted successors as Lessee under the Lease.
"Bondll or "Bonds" - Any bond or bonds (Of whatever series)
issued pursuant to, in accordance with and secured by this
I
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Mortgage.
IlBonds initially issuedll or "Series A Bondsll shall mean
the $3,400,000 Industrial Development Revenue Bonds-Series A
(Swift Project) of the City of Grand Island, Nebraska, dated
April 1, 1964, secured by this Mortgage.
"Bonds of other Series" shall mean bonds other than
Series A Bonds hereafter issued pursuant to the provisions of
Sections 207 and 405 hereof.
"Coupon" - The interest coupons attached to the bonds.
"City" - The City of Grand Island, Nebraska, a city of
the First Class organized and existing under the laws of the
State of Nebraska.
Exhibit C-15-
.
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"Leased Equipment" - Machinery and equipment purchased
out of the Construction Fund pursuant to the contract referred
to in Article III of the Lease and Agreement and made subject
to the Mortgage and machinery and equipment from time to time
added to the lien of the Mortgage as provided 1n Section 802
hereof.
"Mortgagell or lIIndenturell - This Mortgage and Indenture
of Trust which is of record in the Offices of the Register of
Deeds and County Clerk of Hall County, Nebraska, together with
all supplements hereto and all such supplements whenever execu-
ted will be of record in said Offices of said Register of
Deeds and County Clerk.
1I0utstanding hereunder" or "bonds outstanding here-
underll - All bonds (Of whatever series) ub1ch have been authenti-
cated, issued and delivered under this Mortgage, except:
(a) Bonds cancelled because of payment or redemption
prior to maturity;
(b) Bonds tor the payment or redemption of which cash
funds shall have been theretofore deposited with the
Trustee (whether upon or prior to the maturity or redemp-
tion date of any of such bonds); provided that if such
bonds are to be redeemed prior to the maturity thereof,
notice of such redemption shall have been given or provi-
sions satisfactory to the Trustee shall have been made
therefor, or a waiver of such notice, satisfactory in
form to the Trustee shall have been filed with the Trustee;
and
(c) Bonds in lieu of which others have been authenticated
under Section 208.
"Personll - Includes natural persons, firms, associations,
corporations and pUblic bodies.
"Project Manager" - The respective persons and their suc-
cessors, as designated to act as Project Manager under the Lease
and Agreement to supervise the acquisition and construction of
the Project, the purchase of Leased Equipment, or the making of
other additions or improvements to the Project and to exercise
the other powers delegated by Article III of the Lease.
"Project" - The lands, buildings and improvemi;nts, equip-
ment, fixtures, auxiliaries, facilities and other and related
Exhibit c -16-
.
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personal properties acquiredcr constructed out of the pro-
ceeds of the bonds and leased to Swift under the Lease.
"Trust Estate" or "property herein conveyed" - The
mortgaged property .
"Mortgaged Property" - The properties comprising the
Project, including the properties originally leased to
Swift as well as all properties which, under the terms of
the Mortgage, sUbsequently become subject to the lien of
the Mortgage, but excluding all property owned by Swift and
not mortgaged or pledged hereby for the security of the
Bonds and to which title, under the terms of the Lease,
remains in Swift.
"Owner (s)" or "Holder( s) 1I or "Bondholderll or "Owner
of the Bonds" - The holders of bearer bonds issued hereunder
and not registered as to principal and the registered owners
of any of those bonds which have been registered as to prin-
cipal on the books of the Trustee as bond registrar,as pro-
vided herein.
"Paying Agentll - The Continental Illinois National Bank
and Trust Company of Chicago, in the City of Chicago, Illinois,
or its successor, being the bank at which the principal of and
interest on the "Series A Bonds" secured by this Mortgage
shall be payable.
Sec11cn 102.
Words of the masculine gender shall be deemed
and construed to include correlative words of the feminine and neuter
gender. Unless the context shall otherwise indicate, the words
"bond", "coupon", lIowner", "holderll and "person" shall include the
plural, as well as the singular, number.
ARTICLE II
Issuance of Bonds in Series; Series A Bonds; Execution;
Authentication - Registration and Payment of Bonds
Section gQl. The bonds to be initially issued hereunder shall be
Exhi bi t c -17 -
substantially in the form and of the tenor and purport hereinbefore
recited and shall be known as IlSeriea A Bondall. Series A Bonds in
e
I
the aggregate principal amount of Three Million Four Hundred Thousand
Dollars ($3,400,000) shall be initially issued by the City, as soon
as practicable on or following the date of execution and recording
of this Mortgage, and the proceeds thereof shall be delivered to the
Trustee and deposited (in the manner provided in Articles V and VI
hereof) in the Bond Fund and Construction Fund created by this
Mortgage.
Section 202.
The bonds shall be designated IIIndustrial
Development Revenue Bonds - Series A (Swift project)lI. They shall
be dated April 1, 1964, and shall be of the denomination of Five
Thousand Dollars ($5,000) each, be numbered consecutively from 1 to
680, inclusive, shall bear interest at the rates per annum herein-
after set forth, such interest to be payable on October 1, 1964, and
I semiannually thereafter on the first days of April and October of
each year and shall mature serially (but subject to redemption prior
to maturity as hereinafter provided) on the dates and in the amounts
as follows:
Aggregate Maturing on
Bond Nos. Principal April 1 of
( Incl. ) Amount the Years Interest Rate
1 - 17 $ 85,000 1965 3-3/4%
18- 35 90,000 1966 3-3/4%
36- 53 90,000 1967 3-3/4%
54- 72 95,000 1968 3 - 3/4%
73- 91 95,000 1969 3-3/4%
92-111 100,000 1970 3-3/4%
112-132 105,000 1971 3-3/4%
133-154 110,000 1972 3-3/4%
155-177 115,000 197~ 3-3/4%
178-201 120,000 197 3-3/4%
202-225 120,000 1975 3-1/2%
226-250 125,000 1976 3 -1/2%
I 251-276 130,000 1977 3-1/2%
277-303 1~5,OOO 1978 3-1/2%
304-~1 1 0,000 1979 3-3/4%
. 332- 0 145,000 1980 3-3/4%
361-390 150,000 1981 3-3/4%
391-422 160,000 1982 3-3/4%
423-455 165,000 1983 3-3/4%
456-489 170,000 1984 3-3/4%
490-524 175,000 1985 3-3/4%
525-561 185,000 1986 3-3/4%
562-599 190,000 1987 3-3/4%
600-639 200,000 1988 3-3/4%
640-680 205,000 1989 3-3/4%
Exhibit c -18-
.
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The interest on th~ bonds shall be evidenced by interest
coupons. The principal of the bonds, unless registered, and the
interest thereon shall be payable to bearer upon presentation and
surrender of the bonds or interest coupons as they respectively become
a~e at the principal off;c~ of the Paying Agent.
The principal of
the bonds, if registered as to principal, shall be payable to or
upon the order of the registered owner or his legal representative,
upon presentation and surrender of the bond at the principal office of
the-Paying Agen~ Payment aforesaid shall be made in lawful money of
the United States of America.
Section 203.
The bonds shall be executed on behalf of
the City with the official manual signature of the President of the
City Council and ex officio Mayor, and attested with the official
manual signature of its City Clerk, and shall have impressed thereon
the official seal of the City. The coupons attached to the bonds
shall be executed by the facsimile of the official signatures of
the said President of the City Council and ex officio Mayor and City
Clerk and all such facsimiles shall have the same force and effect
as if the said respective officers had manually signed each of such
coupons. The bonds, together with interest thereon, shall be limited
obligations of the City, payable from the "Bond Fund", as hereinafter
set forth, and shall be a valid claim of the respective holders
thereof only against such fund and the revenues and income from the
leasing of the Project pledged to such fund (but in addition shall
be secured by a mortgage lien on the Project constructed and acquired
with the proceeds of the bonds), which revenues, income and other
property are hereby pledged and mortgaged for the equal and ratable
I payment of the bonds and shall be used for no other purp ose than to
pay the principal of and interest on the bonds, except as may be
.
otherwise expressly authorized in this Mortgage. The bonds and
interest coupons shall never constitute an indebtedness of the City
within the meaning of any state constitutional provision or statutory
limitation and shall never constitute nor give rise to a pecuniary
Exhibi t c -19-
.
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liability of the City or a charge against its general credit or tax-
ing powers. In case any officer whose signature or facsimile of
whose signature shall appear on the bonds or coupons shall cease to
be such officer before the delivery of such bonds, such signature or
such facsimile shall, nevertheless, be valid and sufficient for all
purposes, the same as if he had remained in office until delivery.
Section 204.
Only such bonds as shall (i) have endorsed
thereon a Certificate of Authentication substantially in the form
hereinabove set forth duly executed by the Trustee, and (li) have
been registered with the Auditor of Public Accounts of the State of
Nebraska and with the County Clerk of Hall County, Nebraska, shall be
entitled to any right or benefit under this Mortgage. No bond and
no coupon appertaining to any bond shall be valid or obligatory for
any purpose unless and until such Certificate of Authentication shall
have been duly executed by the Trustee and such registration shall
have been made with the Auditor of Public Accounts of the State of
Nebraska and the County Clerk of Hall County, Nebraska, and such
executed Certificate and Registrations upon any such bond shall be
conclusive evidence that such bond has been authenticated, registered
and delivered under this Mortgage.
Section 205.
The "Series A Bonds" issued under this Mort-
gage and the coupons attached thereto shall be substantially in the
form hereinabove set forth with such appropriate variations, omis-
sions and insertions as are permitted or required by this Mortgage.
Section 206.
upon the execution and delivery of this
Mortgage, the City shall execute the "Series A Bonds", obtain regis-
tration thereof by the Auditor of Public Accounts of the State of
Nebraska and the County Clerk of Hall County, Nebraska, and deliver
the bonds to the Trustee. The Trustee shall authenticate the bonds
and deliver them to the purchaser named in the Ordinance adopted by
the
Cluy
, 1964, and signed
Council of the City on
by the President of the City Council as ex officio Mayor of said
City on said day, at such time as may be directed by the City, as
Exhibit C-20-
I
hereinafter in this Section 206 provided.
Prio~ to the delivery by the Trustee of any of the bonds
there shall be filed with the Trustee:
1. A copy, duly certified by the City Clerk,of the
Ordinance adopted on , 1964, and signed by
the President of the City Council as ex officio Mayor of
said City on said day, authorizing the Lease and the execu-
tion and delivery of this Mortgage and the issuance of the
bond s .
2. An original executed counterpart of the Lease or a
copy thereof vertified to the satisfaction of the Trustee.
3. A Title Guaranty Policy in the amount of $3,400,000,
issued by a duly authorized and qualified insurance company
on a form known as ALTA FORM Mortgagee's Guaranty Policy, in-
suring to the Trustee that the Mortgage is a valid and sub-
sisting first lien on the mortgaged property, which policy
shall also insure against mechanic's and materialmen's liens.
4. An original executed counterpart of the contracts
between Swift and the oontractorscovering the construction
and equipping of all of the buildings included in the Pro-
ject, and its assignment by Swift to the City.
5. A request and authorization to the Trustee on be-
half of the City and signed by the Mayor and City Clerk to
deliver the bonds to the purchaser hereinabove referred to,
upon payment to the Trustee but for the account of the City,
a sum equal to 100% of the aggregate principal amount of the
bonds plus accrued interest to such date of delivery. The
proceeds of the bonds shall be paid over to the Trustee and
deposited to the credit of the Bond Fund and Construction
Fund, as hereinafter provided under Article VI hereof.
Section 207.
Subject to Section 405 hereof, additional
series of bonds of an equal rank with the "Series A Bondsn may be
issued from time to time under the terms of this Mortgage and the pro-
ceedings therefore shall provide for the payment of rates of interest
and shall have such other characteristics as shall be fixed and determ-
lned by the City Council of the City and be set forth in a mortgage to
be supplemental hereto; provided that each issue of additional bonds,
when so issued, shall be differentiated from all previous issues by
appropriate designation inscribed thereon, and provided further, that
any additional bonds shall become due serially in relatively equal an-
nual principal and interest payments and become due over a period of
years beginning not earlier than three years from date of such additiona:
issue and having a final maturity not earlier than the maturity of
any of the bonds of prior series issued hereunder and then out stand-
Exhibit c -21-
.
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ing and any such additional bonds shall not be redeemed by call in
advance of maturity, unless all prior series of bonds in order of
their issuance shall have first been redeemed or provision for their
simultaneous redemption shall have been made.
Section 208.
Additional series of bonds may be made regis-
terable as to principal only with interest coupons to be attached
and may be issued in such denominations and may contain such provi-
sions as to redemption and call, premium and such other terms (not
inconsistent with the Act or this Mortgage) as the City Council of
the City may determine and agree to and as are set forth in a Sup-
plement to this Mortgage to be executed by the City and the Trustee.
Section 209.
This Mortgage is given in order to secure
funds to pay for new construction and, by reason thereof, it is in-
tended that this Mortgage shall be superior to any laborers',
mechanics' or materialmen's liens which may be placed upon the
Project.
Section 210.
In case any bond issued hereunder shall
become mutilated or be destroyed or lost, the City shall, if then
permitted by law, cause to be executed, and the Trustee may authenti-
cate and deliver, a new bond of like date, number, maturity and
tenor in exchange and substitution for and upon cancellation of such
mutilated bond and its interest coupons, or in lieu of and in
substitution for such bond and its coupons destroyed or lost, upon
the holder or owner paying the reasonable expenses and charges of
the City and the Trustee in connection therewith, and, incase of a
bond destroyed or lost, his filing with the Trustee evidence satis-
factory to it that such bond and coupons were destroyed or lost,
and of his ownership thereof, and furnishing the City and the Trustee
with indemnity satisfactory to them.
Section 211.
Title to any bond, unless such bond is
registered in the manner hereinafter provided, and to any interest
coupon shall pass by delivery in the same manner as a negotiable
Exhibit C -22-
.
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instrument payable to bearer. The City shall cause books for the
registration and for the transfer of the bonds as provided in this
Mortgage to be kept by the Trustee as Bond Registrar. At the option
of the bearer, any bond may be registered as to principal alone on
such books, upon presentation thereof to the Bond Registrar, which
shall make notation of such registration thereon. Any bond regis-
tered as to principal may thereafter be transferred only upon an
assignment duly executed by the registered owner or his attorney or
legal representative in such form as shall be satisfactory to the
Bond Registrar, such transfer to be made on such books and endorsed
on the bond by the Bond Registrar. Such transfers may be to bearer
and thereafter transferability by delivery shall be restored, subject,
however, to successive registrations and transfers as before. The
ppincipal or any bond registered as to principal alone, unless regis-
tered to bearer, shall be payable only to or upon the order of the
registered oWher or his legal representative, but the coupons apper-
taining to any bond whether or not registered as to principal shall
remain payable to bearer notwithstanding such registration. No
charge shall be made to any bondholder for the privilege of registra-
tion and transfer hereinabove granted, but any bondholder requesting
any such registration or transfer shall pay any tax or other govern-
mental charge required to be paid with respect thereto. As to any
bond registered as to principal, the person in whose name the same
shall be registered Shall be deemed and regarded as the absolute
owner thereof for all purposes and payment of or on account of the
principal of any such bond shall be made only to or upon the order
of the registered owner thereof, or his legal representative, and
neither the City, the Trustee, nor the Bond Registrar shall be af-
fected by any notice to the contrary, but such registration may be
changed as herein provided. All such payments shall be valid and
effectual to satisfy and discharge the liability upon such bond to
the extent of the sum or sums so paid. The City and the Trustee may
deem and treat the bearer of any bond which shall not at the time be
Exhibit c -23-
r
I
registered as to principal (except to bearer), and the bearer of
any coupon appertaining to any bond, whether such bond be registered
as to principal or not, as the absolute owner of such bond or coupon,
as the case may be, whether such bond or coupon shall be overdue or
not, for the purpose of receiving payment thereof and for all other
.
purposes whatsoever, and neither the City nor the Trustee shall be
affected by any notice to the contrary.
Section 212.
The City hereby appointe the Continental
Illinois National Bank and Trust Company of Chicago, in the City of
Chica~o, Illinois, as the Paying Agent for the Series A Bonds. The
City shall, in any supplemental mortgage authorizing the issuance
of bonds of other series, appoint a Paying Agent or Agents for such
if any)
additional bonds. The bonds (and premiuml and interest thereon shall
be payable at the office of the Paying Agent hereby and thereby
designated. Any Paying Agent may resign at any time upon giving
the City and Trustee not less than sixty (60) days notice of such
resignation and any Paying Agent may be removed at the written re-
quest or upon the affirmative vote of the holders of a majority in
principal amount of the bonds outstanding. In event of the resigna-
tion, removal, disability or refusal to act of a Paying Agent, a
successor Paying Agent may be appointed by the City.
Moneys set aside from time to time with the Paying Agent
pursuant to this mortgage for the payment of principal, interest
and redemption premiums, if any, shall be held in trust by such Pay-
ing Agent for the holders of the bonds and appertenant coupons in
respect of which the same shall have been so set aside.
The Paying Agent shall be entitled to reasonable compensa-
tion for all services rendered by .it in the execution, exercise or
performance of any of the powers or duties to be exercised or per-
formed by it pursuant to the provisions of this Mortgage (or any
supplement hereto) and for the reasonable expenses, charges and
other disbursements incurred in connection with the exercise or
performance of said powers and duties.
Exhibit c -24-
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All bonds and cou~ns which have been paid shall be can-
celled by the Paying Agent and delivered to the Trustee.
ARTICLE III
Redemption of Bonds Before Maturity
Section 301.
The "Series A Bondsll which may be outstand-
ing shall be non-callable for redemption prior to April 1, 1974,
except in the event of the required exercise by Swift of its option
to purchase the ProJect under the provisions of Article VIII"para gJ:'a}i1
(i)" (ii)" (iii), and (iv),
(e), subparagraphs lof the Lease and Agreement upon occurrence of
one or more of the events therein described and if called for the
purpose of permitting application of funds from said sources, they
shall be subject to redemption by the City on the next succeeding
interest payment date after funds for the redemption thereof have
been deposited with the Trustee (in whole and not in part), upon
terms of the principal amount thereof and accrued interest to the
redemption date, together with a premium equal to four per cent (4%)
of the principal amount.
Said bonds which may be outstanding and mature on and after
April 1, 1974, are subject to redemption by said City prior to their
maturity for the purpose of permitting application of funds from any
source on any interest payment date on or after April 1, 1974, in
whole or in part, in the inverse order of their number, upon terms
of the principal amount thereof and accrued interest to the redemp-
tion date, plus a premium computed as follows:
Redemption Dates Redemption Premium Stated
(Both Dates Inclusive) as % of Principal Amount
April 1, 1974 to October 1, 1976 3%
April 1, 1977 to October 1, 1977 2-3/4%
April 1, 1978 to October 1, 1978 2-1/2%
April 1, 1979 to October 1, 1979 2-1/4%
April 1, 1980 to October 1, 1980 ~
April 1, 1981 to October 1, 1981 1-3/4%
April 1, 1982 to October 1, 1982 1-1/2%
April 1, 1983 to October 1, 1983 1-1/4%
April 1, 1984 to Oct ober 1, 1984 1%
April 1, 1985 to October 1, 1985 3/4 of 1%
April 1, 1986 to October 1, 1986 1/2 of1%
April 1, 1987 to October 1, 1987 1/4 of 1%
April 1, 1988 and thereafter None
Exhibit c -25-
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Section ~02.
Notice of the call for any such redemption
of any of said bonds identifying the bonds to be redeemed shall be
published at least one time in a newspaper of general statewide
circulation ~n the City o~ Omaha, Nebraska, and shall also
be published at least one time in a nationally distributed financial
publication, such as The Wall Street Journal, with the date of the
publication of such notices to be not less than thirty (30) days
before the date fixed for redemption. In addition, notice of re-
demption of any bonds at the time registered as to principal (except
to bearer)' shall be given by registered or certified mail to the
registered owner addressed to such registered owner at his regis-
tered address, and placed in the mails not less than thirty (30)
days prior to the date fixed for redemption. In the event that all
of the bonds to be redeemed are registered as to principal (and not
to bearer), notice by registered mail or certified mail to the owner
or owners thereof not less than thirty (30) days prior to the date
fixed for redemption shall be sufficient and published notice of
the call for redemption need not be given. Each notice shall identify
the bonds to be redeemed by thetr numbers and maturities and the date
on which they shall be presented for payment. Not less than ten
(10) days prior to the date fixed for redemption, funds shall be
placed with the Trustee (WhiCh shall remit such to the Paying Agent
at least five (S) days prior to such redemption date) to pay the
bonds called and accrued interest thereon to the redemption date
and the premium, if any. upon the happening of the above conditions,
the bonds thus called shall not thereafter bear interest, and, except
for the purpose of payment, shall no longer be protected by this
Mortgage and shall not be deemed to be outstanding under the provi-
sions of this Mortgage.
Section ~.
All bonds which have been redeemed shall be
cancelled by the Paying Agent and delivered to the Trustee, together
with the unmatured coupons appertaining thereto and shall not be
reissued.
Exhibit c -26-
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Section 304.
All unpaid interest coupons which appertain
to bonds so called for redemption and which shall have become pay-
able on or prior to the date fixed for redemption shall continue to
be payable to the bearers severally and respectively upon the pre-
sentation and surrender of such coupons. All coupons representing
interest to become due subsequent to such date of redemption shall,
upon provision being made for redemption of the bonds to which they
relate, be null and void and shall not be entitled to payment.
ARTICLE IV
General Covenants
Section 401.
The City covenants that it will promptly
pay the principal of and interest on every bond issued under this
Mortgage at the place, on the dates and in the manner provided herein
and in said bonds, and in the coupons appertaining thereto, according
to the true intent and meaning thereof. The principal and interest
are payable solely from revenues in the Bond Fund and d~rived from
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the leasing of the Project and all property pledged therein (except
for interest payable from bond proceeds as provided in Section 503
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hereof), which revenues, income and all other property are hereby
specifically pledged to the payment thereof in the manner and to the
extent herein specified, and nothing in the bonds or coupons or in
this Mortgage should be considered as pledging any other funds, assets
or credit of the City (except the securing of the obligation evidenced
by the bonds and coupons by a mortgage on the Project acquired or
constructed with the proceeds of the bonds).
Section 402.
The City covenants that it will faithfully
perform at all times any and all covenants, undertakings, stipula-
tions and provisions contained in this Mortgage, in any and every
bond executed, authenticated and delivered hereunder and in all
resolutions pertaining thereto. The City covenants that it is duly
authorized under the Constitution and laws of the State of Nebraska,
including particularly and without limitation, Legislative Bill 159
of the Seventy-second Session of the Nebraska Legislature approved
Exhibit &27-
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and effective March 14, 1961, as amended by Legislative Bill 142 of
the Seventy-third Session of said Legislature, approved March 4,
1963, to issue the bonds authorized hereby and to execute this Mort-
gage, to mortgage the property described and mortgaged herein, to
mortgage the Leased Equipment and to pledge the revenues, income and
all other property in the manner and to the extent herein set forth;
that all action on its part for the issuance of the bonds and the
execution and delivery of this Mortgage has been duly and effectively
taken; and that the bonds in the hands of the holders and owners
thereof are and will be valid and enforceable obligations of the
City according to the import thereof.
Section 403.
The City covenants that it lawfully owns
and is lawfully possessed of the Project hereinbefore described, and
that it has good and indefeasible title and estate therein, and that
it will defend the title thereto and every part thereof to the
Trustee, its successors and assigns, for the benefit of the holders
and owners of the bonds against the claims and demands of all per-
sons whomsoever. The City covenants that it will do, execute,
acknowledge and deliver or cause to be done, executed, acknowledged
and delivered, such mortgages or indentures supplemental hereto and
such further acts, instruments and transfers as the Trustee may
reasonably require for the better assuring, transferring, mortgaging,
pledging, assigning and confirming unto the Trustee all and singular
the property herein described and the revenues, income and all other
property pledged hereby to the payment of the principal of and
interest on the bonds.
Section 404.
The City covenants that it will cause this
Mortgage and all supplements thereto, to be kept recorded and filed
in such manner and in such places as may be required by law in order
to fully preserve and protect the security of the holders and owners
of the bonds and the rights of the Trustee hereunder.
Section 405.
The City covenants that so long as any of
the Series A Bonds are outstanding it will not issue bonds of other
Exhibit c-28-
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series under and as permitted by this Mortgage, unless:
(a)
(b)
The City is not then in default under this Mortgage.
The Lessee of the Project (Swift, its successors or
assigns) is not then in default under the Lease and
Agreement.
The proceeds of such bonds of other series are to be
used only for (i) the refunding of prior series of
bonds as may be permitted by the Act and by the terms
of this Mortgage, and/or (ii) the acquisition and/or
construction of additions, extensions or improvements
to the Project located within the State of Nebraska.
(d) The City shall, prior to the issuance of such bonds
of other series enter into amendments to its Lease
and Agreement with the Lessee of the Project (Swif't,
or its successorS and assigns, as permitted by
Article XII \ h~reof) 'providing (i) additional
basic rentals in amounts and over a term sufficient
to tully pay all principal and interest requirements
upon such bonds of other series, and (ii) covenants
by such Lessee to pay as additional rental, all taxes
and assessments, insurance premiums, expen~es of re-
paris and maintenance and fees and expenses of the
Trustee by reason Of such additions, extensions or
improvements to tht Project and the issuance of
such bonds of other series.
(c)
(e) The issuance of such bonds of other series will, 1n
all respects, comply with the Act and the provisions
of this Mortgage.
(f) The City and the Trustee will enter into a supplement
to this Mortgage pursuant to Article VII~bereot with
respect to such additional series of bonds and adding
to this Mortgage any additional land, buildings and
machinery and equip~ent added to the Project out of
the proceeds thereof.
Section 406.
Compl1ance with Section 405 hereof' shall
be evidenced by (a) a certificate signed by the Mayor of the City as
to compliance by the City, and (b) a certificate signed by a respons-
ible officer of Swift as to compliance by it as the Lessee of the
Project and (c) an opinion of the City Attorney or of special counsel
designated by the City satisfactory to counsel for the Trustee as
to compliance with the legal tests for issuance of bonds of other
series; provided, that in giving such opinion, the City Attorney or
such special counsel may rely upon the aforesaid certificates as
to the matters contained therein. Each such certificate and opinion
shall recite that the signer has read and is familiar with Section
405 and the other provisions of this Mortgage relative to issuance
Exhibi t c-29-
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of bonds of other series and that in the opinion of the signer such
conditions as he is required to certify to or give an opinion upon
have been met and complied with.
Section 407.
The Trustee agrees that so long as any
bonds issued hereunder and secured by this Mortgage shall be out-
standing and unpaid, that it will keep, for and on behalf of the
City and the holders and owners of the bonds, proper books of record
and account, in which full, true and correct entries will be made of
all dealings or transactions of and in relation to the Project and
the revenues, income and all other property derived therefrom. The
Trustee agrees to have the said books of record and account audited
by a nationally recognized firm of independent certified public
accountants at least annually. The audit report shall contain at
least the following information:
(a) All revenues, income and other property derived
from leasing the Project and all expenses incurred by or
for account of the City in connection with the Project;
(b) All payments, deposits and credits to and payment,
transfers and withdrawals from the funds created under the
provisions of this Mortgage;
(c) The details pertaining to bonds issued, paid and
redeemed; and
(d) The amounts on hand in each fund showing the
respective amounts to the credit of each fund and any
security held therefor and showing the details of any
investments thereof.
The City and the Trustee further agree that/all books and
documents relating to the Project and the revenues, income and other
property derived from the Project shall at all times be open to in-
spection by representatives of Swift and by holders and owners of the
bonds.
Section 408.
To the extent that such information shall be
made known to the City under the terms of this section, it will keep
on file at the office of the Trustee a list of names and addresses
of the last known holders of all bonds payable to bearer and believed
to be held by each of such last known holders. Any bondholder may
request that his name and address be placed on said list by filing a
Exhibit C-30-
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written request with the City or with the Trustee, which request
shall include a statement of the principal amount of bonds held by
such holder and the numbersof sid bonds. The Trustee shall be under
no responsibility with regard to the accuracy of such list. At
reasonable times and under reasonable regulations established by
the Trustee, said list may be inspected and copied by holders and/or
owners (or a designated representative thereof) of Ten Per Cent (10%)
armore in principal amount of bonds outstanding hereunder, such owner-
ship and the authority of any such designated representative to be
evidenced to the satisfaction of the Trustee.
Section 409.
The lien of this Mortgage is subject and
subordinate to the Lease and Agreement and neither a foreclosure of
the lien of this Mortgage nor the appointment of a receiver for the
trust estate nor any other procedure related to the enforcement of
the lien or the proviSions of this Mortgage shall of itself terminate
or otherwise affect or impair the rights or obligations of Swift
as the Lessee under the Lease and Agreement in accordance with its
terms. The Lease and Agreement sets forth the covenants and obliga-
tions of the City, the Lessee, including a ,provision that the said
Lease may not be effectively amended, changed or modified without
the concurring written consent of the Trustee, and the owners and
holders of the bonds as provided in Article XII of this Mortgage,
and reference is hereby made to the same for a detailed statement of
said vovenants and obligations of the Lessee under the Lease and
Agreement and the City agrees that the Trustee in its name or in the
name of the City may enforce all rights of the Lessor and all obliga-
tions of the Lessee under and pursuant to the said Lease for and
on behalf of the bondholders, whether or not the Lessor (City) is
in default in its covenants to enforce such rights and obligations.
ARTICLE V
Revenues and Funds
Section 501.
The bonds herein authorized are not general
obligations of the City, but are limited Obligations payable solely
Exhibit c -31-
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from revenues, income and other property derived from the leasing
of the Project and as authorized by Legislative Bill 159 adopted by
the Seventy-second Session of the Nebraska Legislature, approved and
effective March 14, 1961, and as amended by Legislative Bill 142 of
the Seventy-third Session of the Nebraska Legislature, approved
March 4, 1963, and, as provided herein, the bonds are secured by a
mortgage lien on the land, buildings and facilities constituting the
Project and acquired or constructed with the proceeds of the bonds.
The Project has been leased to Swift and under the Lease
and Agreement the basic rent payments are to be remtted directly to
the Trustee for the account of the City and deposited in the ~ond
Fund (hereinafter created). The Bond Fund, into which said basic
rent payments will be paid, will at all times have a balance suffi-
cient in amount to insure the prompt payment of the principal of and
interest on the bonds and the entire amount of said basic rent pay-
ments is pledged to the payment of the principal of and interest on
the bonds.
Section 502.
There is hereby created by the City and
ordered established with the Trustee a trust fund to be designated
llCity of Grand Island Industrial Development Revenue Bond Fund-
Swift Project" (Which is sometimes referred to herein as the "Bond
Fundll), which shall be used to pay the interest on and principal of
said bonds.
Section 503.
There shall be deposited into the Bond Fund
all accrued interest and premium (if any) received at the time of the
del~very o~ tbe Series A.Bond~ and~ 'in' addition, the B~ of $63;112.50
from the proceeds of the sale of the bonds, such amount being suf-
ficient to pay the interest becoming due on said bonds on October 1,
1964. In addition, there shall be deposited into the Bond Fund,
as and when received: (a) Any amount remaining in the Construction
Fund (hereinafter created) after the Project shall have been fully
completed and paid for and based upon the certification of the
Project Manager to the Trustee and to the City that the Project has
Exhibi t C -32-
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been completed~ (b) all basic rent payments specified in Article II
of the Lease and Agreement; and (c) all other moneys received by
the Trustee under and pursuant to any of the provisions of the Lease
and Agreement directing such moneys to be paid into the Bond Fund.
The City hereby covenants and agrees that so long as any of the
bonds issued hereunder are outstanding, it will deposit, or cause
to be deposited, in the Bond Fund for its account sufficient sums
from revenues and income and all other property derived from leasing
the Project (whether or not under and pursuant to the Lease and
Agreement) to promptly meet and pay the principal of and interest
on the bonds as the same become due and payable and to this end,
the City covenants and agrees that, so long as any bonds issued
hereunder are outstanding hereunder, it will cause the Project to
be continuously and efficiently leased as a revenue and income pro-
ducing undertaking and that, should there be a default under the
Lease and Agreement with the result that the rights of possession
of the leased premises under the Lease and Agreement is returned to
the City, the City shall fully cooperate with the Trustee and with
the bondholders to the end of fully protecting the rights and security
of the bondholders and shall diligently proceed in good faith and
use its best efforts to secure another tenant for the premises to
the end of at all times deriving sufficient income and revenues
from the Project to promptly meet and pay the principal of and in-
terest on the bonds as the same become due and payable, as well as
covering the cost of maintaining and insuring the Project. Nothing
herein shall be construed as requiring the City itself to~erate
the Project nor to use any funds or revenues from any source other
than funds and revenues, income and all other property derived from
the Project.
Section 504.
It is understood that basic rent payments
under the Lease are to commence prior to April 1, 1965, and that
prior to that time there will have been deposited into the Bond Fund
Exhibit c -33-
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from accrued interest (and premium, if any), received and the pro-
ceeds of the sale of the bonds an amount sufficient to cover the
interest requirements on the bonds through October 1, 1964.
Section 505.
Moneys in the Bond Fund shall be used solely
for the payment of the interest on the Bonds and for the retirement
of the Bonds at or prior to maturity and when the amount in the Bond
Fund from any source whatsoever is sufficient to retire all of the
bonds oUBtanding hereunder and to pay interest to accrue thereon
prior to such redemption plus applicable premium, if any, the City
covenants and agrees to take and cause to be taken the necessary
steps to redeem all of said Ebnds which may be subject to redemption
on the next succeeding redemption date for which the required re-
demption notice may be given.
Section 506."
The Bond Fund shall be in the custody of
the Trustee, but in the name of the City, and the City hereby author-
izes and directs the Trustee to withdraw sufficient funds from the
Bond Fund to pay the Bonds and interest thereon as the same become
due and payable and to transmit funds so withdrawn to the Paying
Agent not less than five (5) days prior to the date upon which any
interest or principal and redemption premium (if any) is due on
the Donds, either at the maturity date thereof or at the date fixed
for the redemption thereof prior to maturity in an amount sufficient
to meet such maturing installment of interest or principal and re-
demption premium (if any), when due and which authorization and
direction the Trustee hereby accepts.
Section 507.
In the event any Bonds or interest coupons
shall not be presented for payment when the principal thereof be-
comes due, either at maturity or otherwise, or at the date fixed
for redemption thereof, if funds sufficient to pay such Bonds or
coupons shall have been made available to the Paying Agent for the
benefit of the holder or holders thereof, all liability of the City
to the holder thereof for the payment of such Bond or coupon, as
the case may be, shall forthwith cease, determine and be completely
Exhibit c -34-
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discharged, and thereupon it shall be the duty of the Paying Agent
to hold such fund or funds, without liability for interest thereon,
for the benefit of the holders of such Bonds or the holders of such
coupons, as the case may be, who shall thereafter be restricted ex-
elusively to such fund or funds, for any claim of whatever nature
on his part under this Mortgage or on, or with respect to, such
Bond or coupon.
Section 508.
It is understood and agreed that pursuant
to the provisions of the Lease and Agreement, Swift, as the Lessee,
agrees to pay as additional rent the fees and expenses of the Trustee
and of the Paying Agent for the ibnds and the other charges and
expenses payable to the Trustee and Paying Agent as authorized and
provided by this Mortgage. Swift is to make such payments either
semiannually or annually on statements rendered by the Trustee and
and the Paying'Agent. All such additional rent payments received by
the Trustee under said Lease and Agreement shall not be paid into
the Bond Fund but shall be set up 1n separate accounts appropriately
designated to identify the particular account, and shall be expended
by the Trustee solely for the purpose for which said additional rent
payments are received and the Trustee hereby agrees to so establish
said accounts and to make payments therefrom for said purposes.
Section 509.
All moneys required to be deposited with
or paid to the Trustee under any provision of this Mortgage shall be
held by the Trustee in trust, and except for moneys deposited with
or paid to the Trustee for the redemption of Bonds, notice of the
redemption of which has been duly given, shall, while held by the
Trustee, constitute part of the trust estate and be subject to the
lien thereof. Funds deposited with the Paying Agent shall be held
in trust as provided in Section 212 hereof.
Section 510.
Reference is hereby made to (1) Article III
of the Lease and Agreement with reference to payments to be made by
the Trustee out of the Construction Fund, (2) Article Y- of the
Lease and Agreement withIeference to sale, substitution and release
of Leased Equipment, and (3) ~tlcie, VI and Arti41e..VII of-the
Exhibit c -35-
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Lease and Agreement whereunder it is provided that under certain
circumstances insurance and condemnation proceeds are to be paid to
the Trustee and deposited in a trust account to be designated the
"Construction Account';, and to be disbursed and paid out as therein
provided, as well as to other provisions of the Lease and Agreement
under which the Trustee may be called upon to act. The Trustee
hereby accepts and agrees to perform the duties and obligations as
therein specified.
Section 511.
The Trustee agrees to be bound by and comply
with any directions contained in the Lease and Agreement with respect
to the application of money paid into the Bond Fund.
ARTICLE VI
Custody and Application of Cash Proceeds of Sale of Bonds
Section 601.
From the proceeds of the sale of the Series
A Bonds there shall be withdrawn and deposited in the Bond Fund a sum
equal to the accrued interest and premium (if any) paid by the pur-
chasers of the bonds, plus the sum of $63,112.50, such amount being
sufficient to pay the interest coupons becoming due on the Bonds on
October 1, 1964.
Section 602.
There is hereby created and established with
the Trustee a trust fund in the name of the City to be designated
"City of Grand Island Industrial Development Construction Fund..Swift
Projectll (which 1s herein called "Construction Fund"). The balance
of the proceeds of the sale of the Series A Bonds remaining after the
deductions provided by Section 601 hereof, shall be deposited in the
said Construction Fund. Moneys in the Construction Fund shall be
expended on requisitions to be signed by the Mayor and the City Clerk
or such other officers of the City as may be authorized by law to
execute such requisitions and bearing the written approval of the
Project Manager~ but only for the payment of costs of construction
and acquisition of the Project and expenses in connection with the
issuance and sale of the Series A Bonds, as specified in the Lease
and Agreement and particularly Article III thereof.
Exhibi t C -36..
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Each disbursement from the Construction Fund to contractors
shall Bpe.cify:
(a) That the disbursement is for a proper expense of
the Project and has not theretofore been included in a
former requisition;
(b) The name of the person, firm or corporation to
whom payment is dUe;
(c) Amount to be paid; and
(d) The purpose by general classification for which
the obligation to be paid was incurred.
The City covenants and agrees to take all necessary and
appropriate action promptly in approving and ordering disbursements
on each such requisition and on the completion certificate referred
to in Section 603.
The Trustee is hereby authorized and directed to issue its
checks for each disbursement called for by requisitions when signed
and executed as above specified.
One copy of each requisition as forwarded to the Trustee,
shall also be by the City promptly forwarded to Swift.
The Trustee shall keep and maintain adequate records per-
taining to the Construction Fund and all disbursements therefrom,
and after the Project has been completed and the Construction Fund
closed out as hereinafter provided in Section 603 hereof, shall file
an accounting thereof with the City Clerk of the City and with Swift.
Section 603.
The completion of the Project shall be evi-
denced by the filing with the Trustee of a certificate signed by the
Project Manager in charge of the construction of the Project, and
signed by the Mayor and City Clerk of the City, which certificate
shall set forth ~he date of completion and that all obligations and
costs in connection with the Project and payable out of the Construc-
tion Fund have been paid and discharged. Any balance remaining in the
Construction Fund after one hundred twenty (120) days from the date
of the certificate of completion shall be by the Trustee, and without
further authorization, deposited in the Bond Fund with advice to the
City and Swift of such action.
Exhi bi t C - 37 -
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ARTICLE VII
Investments
Section 701.
Moneys held for the credit of the Construc-
tion Fund under the provisions of Section 602 of this Mortgage, or
held for the credit of the Construction Account under the provisions
of Section 510 of this Mortgage, shall be kept invested and reinvested
by the Trustee in direct obligations of the United States Government
or in obligations of agencies or issues which are guaranteed by the
United States Government, which have maturity dates, or are subject
to redemption by the holder, at the option of the holder, on or prior
to the dates the fundS will be needed as shown by a certificate of
the Project Manager in charge of construction of the Project. Obli-
gations so purchased as an investment of moneys shall be held by or
under the control of the Trustee and shall be deemed at all times a
part of the Construction Fund, and the interest accruing thereon and
any profit realized from such investments shall be credited to such
fund, and any loss resulting from such investment shall be charged to
such fund. The Trustee shall sell and reduce to cash funds any such
investments, upon written advice from the Project Manager, and with-
out further authorization, the Trustee is directed to sell and reduce
to cash funds a sUficient amount of such investments whenever the
cash balance in the Construction Fund is insufficient to pay a
requisition when presented.
Section 702.
Moneys paid into the Bond Fund under the
provisions of Section 601 or 603, shall be invested by the Trustee
in direct obligations of the United States Government, which mature
or are subject to redemption by the holder at the option of the holders
on or prior to the respective dates when the cash funds will be re-
quired and in no event later than 18 months from the date of invest-
ment therein.
Evidences of investments under this Section 702 shall be
held by or under control of the Trustee for the credit of the perti-
nent fund, and the interest accruing thereon and any profit realized
therefrom shall be credited to such fund and any loss resulting from
Exhibit c -38-
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liquidating any such investment shall be charged to such account.
The Trustee shall sell and reduce to cash funds a sufficient portion
of investments under the provisions of this Section 702 whenever the
cash balance in the Bond Fund is insufficient to pay the current
interest and principal requirements.
Section 703. All payments to the Trustee under the
provisions of Articles VI and VIt. . of the Lease and Agreement
and representing moneys to be used for the payment or redemption of
bonds shall be held by the Trustee in a separate account to be en-
titled "Excess Construction Account". If at any time for any reason
there be a deficiency in the Bond Fund in order to pay the interest
on and principal of the bonds as the same become due, the Trustee
is hereby authorized and directed to transfer to the Bond Fund from
such Excess Construction Account a sufficient amount to cover such ,.
deficiency and the City reserves the rights at any time and from
time to time to direct the Trustee to transfer to the Bond Fund all
or any part of the balance then remaining in such Excess Construction
Account.
Moneys credited to the Excess Construction Account under
the proviSions of this Section 703, shall be invested and reinvested
by the Trustee in direct obligations of the United states Government,
which mature or are subject to redemption by the holder at the option
of the holder on or prior to eighteen (18) months from the date of
investment therein. Evidences of investments under this Section 703
shall be held by the Trustee for the account of said special account
and the interest accruing thereon and any profit realized therefrom
shall be credit to such account and any loss resulting from l1qui-
dating any such investment shall be charged to such account. The
Trustee shall sell and reduce to cash funds a sufficient portion of
investments under the provisions of this Section 703 whenever such
cash funds are required for the purpose hereinbefore stated. Any
moneys and investments remaining in said special account after
Exhibit c -39-
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providing for retirement of all outstanding bonds shall be paid and
delivered to the City but for the account of Swift.
ARTICLE VIII
Supplemental Mortgage of Leased Equipment, Partial
Release of Leased Equipment and Discharge of Lien
Section 801.
Upon completion of the Project (determined
as provided in Section 603 of this Mortgage) ~ City and the Trustee
shall enter into a supplemental Mortgage and Indenture of.Trust which
(a) shall make reference to this Mortgage, (b) shall specifically
identify each item of Leased Equipment purchased by the City out of
the Construction Fund for the purposes of the Project, and (c) mort-
gage, pledge and assign such Leased Equipment to the Trustee as
additional security for the Bonds.
Section 802.
The Trustee shall, from time to time, upon
receipt of certificates signed by an officer of Swift, as provided
in Article V
of the Lease and Agreement, (a) execute and deliver
to the City in recordable form partial releases of items of Leased
Equipment referred to in such officer's certificate, and (b) enter
into supplemental mortgages with the City of different items of
Leased Equipment substituted to the lien of the Inden~ure, all in
accordance and as more fully provided in the said Article V of
the Lease and Agreement.
The Trustee shall be fully protected in rely~ng~ upon such
officer's certificate in executing and delivering such partial re-
leases of supplemental chattel mortgages.
Section 803.
If the City shall payor cause to be paid
to the holders and owners of the Bonds and coupons the principal and
interest to become due thereon at the times and in the manner stipu-
lated therein, and if the City shall keep, perform and observe all
and sipgular the covenants and promises in the Bonds and in this
Mortgage expressed as to be kept, performed and observed by it or
on its part, then these presents and the estate and rights hereby
granted shall cease, determine and be void, and thereupon the Trustee
Exhibi t c -40-
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shall cancel and discharge the lien of th~s Mortgage, and execute
and deliver to the City such instruments in writing as shall be
requisite to satisfy the lien hereof, and reconvey to the City the
estate hereby conveyed, and assign and deliver to the City any pro-
perty at the time subject to the lien of this Mortgage which may then
be in its possession, except cash held by the Trustee for the payment
of interest on and retirement of the Bonds.
Bonds and coupons for the payment or redemption of which
moneys shall have been deposited with the Paying Agent (whether upon
or prior to t he maturity or the redemption date of such bonds) shall
be deemed to be paid within the meaning of this section; provided,
however, that if such bonds are to be redeemed prior to the maturity
thereof, notice of such redemption shall have been duly given.
The City may at any time surrender to the Trustee for
cancellation by it any Bonds previously authenticated and delivered
hereunder, together with any unpaid ooupons theretobe1oning, which
the City may have acquired in any manner whatsoever, and such bonds
and coupons, upon such surrender and cancellation, shall be deemed
to be paid and retired.
ARTICLE IX
Default Provisions and Remedies of
Trustee and Bondholders
Section 901.
If any of the following events occur, subject
to the provisions of Section 913 hereof, it is hereby defined as and
declared to be and to constitute an "event of default":
(a) Default in the due and punctual payment of any
interest on any lPnd hereby secured and outstandin~ and
the continuance thereof for a period of thirty (30) days;
(b) "Default in the due and punctual payment of any
moneys required to be paid to the Trustee under the pro-
visions of Article V hereof, and the continuance thereof
for a period of thirty (30) days;
(c) Default in the due and punctual payment of the
principal of any Bond hereby secured and outstanding
hereunder, whether at the stated maturity thereof, or
upon proceedings for redemption thereof (by sinking fund
or otherwise), or upon the maturity thereof by declara-
tion;
(d) Default in the performance or observance of any
Exhibit c -41-
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other of the covenants, agreements or conditions on its
part in this Mortgage, or in the Bonds contained, and th~
continuance thereof for a period of thirty (30) days after
written notice thereof to the City by the Trustee or by
the holders of not less than Ten Per Cent (10%) in aggre-
gate principal amount of Bonds outstanding hereunder.
(e) Default by Swift in the performance or obser-
vance of any of the covenants, agreements or conditions
on its part to be performed or observed under the Lease
and Agreement, and the continuance thereof for a period
of sixty (60) days after written notice thereof to Swift
by the City or the Trustee or by the holders of not less
than Ten Per Cent (10%) in aggregate principal amount of
Bonds outstanding hereunder.
The term IIdef'ault!l shall mean default by the City or Swift
in the performance or observance of any of the covenants, agreements
or conditions on their part contained in this Mortgage, or in the
Lease and Agreement or in the Eonds outstanding hereunder, exclusive
of any period of grace required to constitute a def'ault as an !levent
of default!l, as hereinabove provided, after giving the respective
notice for the respective periods therein stated.
Section 902.
upon the occurrence of an event of default,
the Trustee may, and upon the written request of the holders of'
Twenty-five Per Cent (25%) in aggregate principal amount of' Bonds
outstanding hereunder, shall, by notice in writing delivered to the
City, declare the principal of all Bonds hereby secured then out-
standing, and the interest accrued thereon, immediately due and pay-
able, and such principal and interest shall thereupon become and be
immediately due and payable.
Section 903.
Upon the occurrence of an event of default,
the City, upon demand of the Trustee, shall forthwith surrender the
possession of, and it shall be lawful for the Trustee by such officer
or agent as it may appoint, to take possession of all or any part of
the mortgaged property with the books, papers and accounts of the
City pertaining thereto, and to hold, operate and manage the same,
and from time to time to make all needful repairs and improvements
as by the Trustee shall be deemed wisej and the Trustee may lease the
Project, or any part thereof, in the name and for the account of the
City and collect, receive and sequester the rents, revenues, issues,
earning@, income, products and profits therefrom and out of the same
Exhibit c-42
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any moneys received from any receiver of any part thereof pay, and/
or set up proper reserves for the payment of, all proper costs and
expenses of so taking, holding and managing the same, including
reasonable compensation to the Trustee, ita agents and counsel, and
any charges of the Trustee hereunder, and any taxes and assessments
and other charges prior to the lien of this Mortgage which the Trustee
may deem it wise to pay, and all expenses of such repairs and im-
provements, and apply the remainder of the moneys so received by the
Trustee in accordance with the provisions of Section g08 hereof.
Whenever all that is due upon such Bonds and installments of interest
under the terms of this Mortgage shall have been paid, and all de-
faults made good, the Trustee shall surrender possession to the City,
its successors and assigns, the same right of entry, however, to
exist upon any subsequent event of default.
While in possession of such property, the Trustee shall
render annually to the bondholders, at their addresses as set forth
in the list required by Section 408 hereof, and to the holders of
all Bonds then registered as to principal (except to bearer) at
their registered addresses as shown by the registration books, a
summarized statement of income and expenditures in connection
therewith.
In the event of any such default, as defined in Section
901 of this Mortgage, the lien on the Project created and vested by
this Mortgage may be foreclosed either by pUblic sale or by proceed-
ings in equity and the Trustee or the holder or holders of any of the
Bonds then outstanding, whether or not then in default of payment
of principal or interest, may become the purchaser at any foreclosure
sale, if the highest bidder.
In the event the Trustee purchases the Project at any such
foreclosure sale, it shall have the right and authority to manage,
lease and sell the same on whatever terms and conditions it deems
to be in the best interests of the bondholders, including determina-
tion as to price and method of payment, including the carrying back
Exhibit C
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of part or all of the purchase price by notes and mortgages.
Section 904.
Upon the occurrence of an event of default,
the Trustee may, as an alternative, proceed either after entry or
without entry, to pursue any available remedy by suit at law or
equity to enforce the payment of the principal of and interest on
the bonds then outstanding hereunder, including, without limitation,
foreclosure and mandamus.
If an event of default shall have occurred, and if it shall
have been requested so to do by the holders of Twenty-five Per Cent
(25%) in aggregate principal amount of Bonds outstanding hereunder,
and shall have been indemnified as provided in Section 1001 hereof,
the Trustee shall be obliged to exercise such one or more of the
rights and powers conferred by this section, and by Section 903, as
the Trustee, being advised by counsel, shall deem most expedient in
the interest of the bondholders.
No remedy by the terms of this Mortgage confered upon or
reserved to the Trustee (or to the bondholders) is intended to be
exclusive of any other remedy, but each and every such remedy shall
be cumulative and shall be in addition to any other remedy given to
the Trustee or to the bondholders hereunder or now or hereafter
existing at law or in equity or by statute.
No delay or omission to exercise any right or power
accruing upon any default or event of default, shall impair any
such right or power or shall be construed to be a waiver ot any
such default or event of default or acquiescence therein; and every
such right and power may be exercised from time to time and as often
as may be deemed expedient.
No waiver of any default or event of default hereunder,
whether by the Trustee or by the bondholders, shall extend to or
shall affect any subsequent default or event of default or shall
impair any rights or remedies consequent thereon.
Exhibit c -44-
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Section 905. Anything in this Mortgage to the contrary
notwithstanding, the holders of a majority in aggregate principal
amount of Bonds outstanding hereunder shall have the right at any
time, by an instrument or instruments in writing executed and
delivered to the Trustee, to direct the method and place of
conducting all proceedings to be taken In connection with the
enforcement of the terms and conditions of this Mortgage, or for
the appointment of a receiver or any other proceedings hereunder;
provided,...that such direction shall not be otherwise than in
accordance with the provisions of law and of this Mortgage.
Section 906. Upon the occurrence of an event of default,
and upon the filing of a suit or other commencement of JUdicial
proceedings to enforce the rights of the Trustee and of the
bondholders under this Mortgage, the Trustee shall be $ntitled,
as a matter of right, to the appointment of a receive~ or receivers
of the mortgaged property and of the rents, revenues, issues,
earnings, income, products and profits thereof, pending such
proceedings, with such powers as the court making such appointment
shall c3>nfer.
Section 907. In case of an event of def&ult on its
part, as aforesaid, to the extent that such rights may then
lawfully be waived, neither the City nor anyone claiming through
it or under it shall or will set up, claim, or seek to take
advantage of any appraisement, valuation, stay, extension or
redemption laws now or hereafter in force, 1n order to prevent or
Exhibit c -45-
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hinder the enforcement of this Mortgage or the foreclosure of
the Mortgage herein provided, but the City, for itself and all
who may claim through or under it, hereby waives, to the extent
that it lawfully may do so, the benefit of all such laws and all
right of appraisement and redemption to which it may be entitled
under the laws of the state of Nebraska.
Section g08. Available moneys shall be applied by
the Trustee as follows:
(a) Unless the principal of all the J10nds shall
have become or shall have been declared due and
payable, all such moneys shall be applied:
First: To the payment to the persons en-
titled thereto of all installments of interest
then due, in the order of the maturity of the
installments of such interest, and, if the amount
avallable 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 any discrimination or privilege;
Second: To the payment to the persons
entitled thereto of the unpaid principal of
any of the Ebnds which shall have become due
(other than bonds called for redemption for the
payment of which moneys are held pursuant to the
provisions of this Mortgage), in the order of
their due dates, with interest on such bonds from
the respective dates upon which they become due,
and, if the amount available shall not be
sufficient to pay in full bonds due on any
particular date, together with such interest,
then to the payment ratably, according to the
amount of principal due on such date, to the
persons entitled thereto without any discrimina-
tion or privilege; and
Third: To the payment of the interest on
and the principal of the BOnds, and to the
redemption of Eonds, all in accordance with
the provisions of Article V of this Mortgage.
(b) If the principal of all the ~nds shall have
become due or shall have been declared due and payable,
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
Exhibit c -46-
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installment of interest over any other installment
of interest, or of any bond over any other bond,
ratably, according to the amounts due respectively
for principal and interest, to the persons entitled
thereto without any discriminat~on or privilege.
(c) If the principal of all the~onds shall
have been declared due and payable, and if such
declaration shall thereafter have been rescinded
8Qd annulled under the provisions of this Article,
then, subject to the provisions of paragraph (b) of
this section, in the event that the principal of all
the Bonds shall later become due or be declared due
and payable, the moneys shall be apJ(lied in accordance
with the provisions of paragraph (a) of this section.
Whenever moneys are to be applied by the Trustee pursuant
to the provisions of this section, such moneys shall be applied by
it at such times, and from time to time, as it shall determine,
having due regard to the amount of such moneys available for applica-
tion and the likelihood of additional moneys becoming available
for such application in the future. Whenever the Trustee shall
apply such funds, it shall fix the date (w~ch shall be an interest
payment date unless it 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 dates shall cease to
accrue 0 The Trustee shall give such notice as it may deem
appropriate of the deposit with it of such moneys and 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 presented to the Trustee for appropriate endorsement
or for cancellation if fully paid.
Section 909. All rights of action (including the right
to file proof of claim) under this Mortgage and the Lease and
Agreement, or under any of the Bonds or coupons may be enforced
by the Trustee without the possession of any of the EPnds or coupons
Exhibit c -47-
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or the production thereof in any trial or other proceedings
relating thereto and any such suit or proceeding instituted by
the Trustee shall be brought in its name, as Trustee, without the
necessity of joining as plaintiffs or defendants any owners or
holders of the bonds hereby secured, and any recovery of judgment
shall be for the equal benefit of the owners or holders of the out-
standing bonds and coupons.
Section 910. No owner or holder of any Bond or
coupons shall have any right to institute any suit, action or pro-
ceeding in equity or at law for the enforcement of this Mortgage
or for the execution of any trust hereof, or for the appointment
of a receiver or any other remedy hereunder, unless also a default
has occurred of which the Trustee has been notified as provided in
subsection (g) of Section 1001, or of which by said subsection
it is deemed to have notice, nor unless also such default shall
have become an event of default and the holders of Twenty-five Per
cent (25%) in aggregate principal amount of bonds outstanding
hereunder shall have made written request to the Trustee and shall
have offered it reasonable opportunity either to proceed to
exercise the powers hereinbefore granted, or to institute such
action, suit or proceeding in its own name, nor unless also they
have offered to the Trustee indemnity as provided in Section 1001,
nor unless the Trustee shall thereafter fail or refuse to exercise
the powers hereinbefore granted, or to institute such action,
suit or proceeding in its own name; and such notification, request
and offer of indemnity are hereby declared in every case at the
option of the Trustee to be conditions precedent to the execution
of the powers and trusts of this Mortgage, and to any action or
cause of action for the enforcement of this Mortgage, or for
the appointment of a receiver or for any other remedy hereunder; it
Exhibit c-48-
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being understood and intended that no one or more holders of the
BOnds or coupons shall have any right in any manner whatsoever to
affect, disturb or prejudice the lien of this Mortgage by his or
their action, or to enforce any right hereunder except in
the manner herein provided, and that all proceedings at law or in
equity shall be instituted, had and maintained in the manner herein
provided and for the equal benefit of the holders of all bonds out-
standing hereunder. Nothing in this Mortgage contained shall,
however, affect or impair the right of any bondholder ,to enforce
the payment of the prinCipal of and interest on any bond at and
after the maturity thereof, or the obligation of the City to pay
the principal of and interest on any bond at and after tn6 maturity
thereof, or the obligation of the City to pay the princip~l of
and interest on each of the bonds issued hereunder to tnt respective
holders thereof at the time, place, from the source and ~n the
manner in said bonds and the appurtenant coupons expres,ed.
Sectio~ 911. In case the Trustee shall h6ve proceeded
to enforce any right under this Mortgage by the appoint~ent of a
receiver, by entry, or otherwise, and such proceeding, shall have
been discontinued or abandoned for any reason, or shftll have been
determined adversely, then and 1n every such case t~e City and the
Trustee shall be resto~d to their former positions pnd rights
hereunder with respect to the property herein conveted, and all
rights, remedies and powers of the Trustee shall continue as if no
such proceedings had been taken.
Sec~ion 912. The Trustee, except in the case of.
.J
defaults referred to in paragraphs (a.)-, (b) G-nd (,cJ of Section 901
hereoi'.
Exhibi t c -49-
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shall not be required to take notice, or be deemed to have knowledge
of a default or be required to take action in regard to such default,
unless the Trustee shall have been specifically notified in writing
of such default by the holders of not less than Ten Per Cent (lQ%)prln.-
cipal amount of tDe bonds' iss-ued hereunder theu outs.tanilng, as p:ov:.1ded in
Section 90l(d) of this Mortgage. No delay or omission of the
Trustee or of any bondholder to exercise any right or power
accruing upon any default shall impair any such right or power
or shall be construed to be a waiver of any such default, or
acquiescence therein; and every right, power and remedy given
by this Mortgage and Indenture of Trust to the Trustee or to the
bondholders may be exercised from time to time and as often as
may be deemed expedient by the Trustee or in any appropriate case by
the bondholders.
Section 913. Anything herein to the contrary notwith-
standing no default under sub-paragraphs (d) or (e) of Section 901
shall constitute an event of default until actual notice of such
default by registered or certified mail shall be given by the
Trustee to Swift~ Lessee under the Lease and Agreement and Swift
shall have had sixty (60) days after receipt of such notice to
correct said default or cause said default to be corrected, and
shall not have corrected said default or caused said default to
be corrected within said sixty (60) days; provided, however, if
said default be such that it cannot be corrected within sixty (60)
days, it shall not constitute an event of default if corrective
action is instituted by Swift within said sixty (60) day period
and diligently pursued until the default 1s corrected.
With regard to any alleged default concerning which
notice is given to Swift under the p~v1sions or this Section 913, the
Exhibi t c -50-
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City hereby grants Swift full authority for account of the City to
perform any covenant or obligation of the City alleged in said
notice to constitute a default, in the name and stead of the City,
with full power to do any and all things and acts to the same
extent that the City could do and perform any such things and acts,
and with power of substitution. In this regard, it is agreed that
the parties hereto have familiarized themselves with the terms
and provisions of the Lease and Agreement and that a duly
executed counterpart thereof has been filed with the Trustee.
Section 914.
Anything herein to the contparynot-
withstanding, no re-entry, taking of possession or assumption of
the right, title and interest of'the City in and to the Project,
or other action hereunder by the Trustee, shall be construed as an
election on Trustee's part to terminate the Lease and Agreement
with Swift~ unless the termination thereof be decreed by a court
of competent jurisdiction, and no such repossession by Trustee
shall relieve Swift of its obligation to pay basic rent and
additional rent, or of any of its other obligations under said
Lease and Agreement, all of which shall survive such repossession,
or other action hereunder and shall not impair Trustee's right to
require Swift to pay the basic rent and all additional rent
provided for in said Lease and Agreement until the end of the
term and whether or not the Project shall have been relet, less
the net proceeds, if any, of any reletting of the Project after
deduction of all Trustee's expenses in or in connection with such
reletting, including without limitation, all repossession costs,
brokerage commissions, legal expenses, attorneys' fees, expenses
of employees, alteration costs and expenses of preparation for
relettlng. Having elected to re-enter or take possession of the
Exhibi t C -51 H
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Project without terminating said Lease or the term herein provided
for, Trustee may by notice to Swift given at any time thereafter
while Swift is in default in the payment of basic rent or
additional rent, or in the performance of any other obligation
under said Lease and Agreement elect to terminate said Lease and
Agreement and the term then in effect as provided in said Lease.
ARTICLE X
The Trustee
Section 100l.
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The Trustee hereby accepts the trusts
imposan upon it by this Mortgage, and agrees to perform said trusts
as an ordinarily prodent Trustee under a corporate mortgage, but
only upon and subject to the following express terms and conditions:
(a) The Trustee may execute any of the trusts or
powers hereof and perform any of its duties by or through
attorneys, agents, receivers or employees, and shall be
entitled to advice of counsel concerning all matters of trusts
hereof and the duties hereunder, and may in all cases pay such
reasonable compensation to all such attorneys, agents,
receivers and employees as may reasonably be employed in
connection with the trusts hereof, The Trustee may act upon
the opinion or advice of any attorney, surveyor, engineer or
accountant selected in the exercise of reasonable care, or,
if selected or retained by the City prior to the occurrence
of a default of which the Trustee has be~n notified, as
provided in subsection (g) of this section, or of which by
said subsection the Trustee is deemed to have notice,
approved by the Trustee in the exercise of such care, The
Trustee shall not be responsible for any loss or damage
resulting from any action or non-action in accordance with any
such opinion or advice.
(b) The Trustee shall not be responsible for
any recital herein, or in said bonds (except in respect to
the certificate of the Trustee endorsed on such bonds), or
for the recording or re-recording, filing or re-filing of this
Mortgage, or for insuring the property herein conveyed, or
for the validity of the execution by the City of this Mortgage,
or of any supplements thereto or instruments of further
assurance, or for the sufficiency of the security for the bonds
issued hereunder, or intended to be secured thereby, or for the
value or title of the property herein conveyed; except that in
the event the Trustee enters into possession of a part or all
of the property herein conveyed, pursuant to any provision
of this Mortgage, it shall use due diligence in preserving
such property; and the Trustee shall not be bound to
ascertain or inquire as to the performance or observance of any
Exhibit C -52-
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covenants, conditions or agreements on the part of the City,
except as hereinafter set forth; but the Trustee may require
of the City full information and advice as to the performance
of the covenants, conditions and agreements aforesaid as to
the condition of the property herein conveyed.
(c) The Trustee shall not be accountable for the
use of any bonds authenticated or delivered hereunder. The
Trustee may become the owner of bonds and coupons secured
hereby with the same rights which it would have if not Trustee.
(d) The Trustee shall be protected in acting upon any
notice, request, consent, certificate, order, affidavit, letter,
telegram or other paper or document believed by it to be genuine
and"correct and to have been signed or sent by the proper
person or persons. Any action taken by the Trustee pursuant
to this Mortgage upon the, request or authority or consent of
any person who at the time of making such request or giving
such authority or consent is the owner of any bond secured
hereby, shall be conclusive and binding upon all future owners
of the same bond and upon bonds issued in exchange therefor or
in place thereof.
(e) As to the existence or non-existence of any fact
or as to the sufficiency or validity of any instrument, paper
or proceeding, the Trustee shall be entitled to rely upon a
Certificate of the City, signed by the Mayor, and attested
by the City Clerk as sufficient evidence of the facts therein
contained and prior to the occurrence of a default of which
the Trustee has been notified, as provided in subsection (g)
of this section, or of which by said subsection it is deemed
to have notice, and shall also be at liberty to accept a
similar certificate to the effect that any particular dealing,
transaction or action is necessary or expedient, but may at
its discretion, at the reasonable expense of the City, in
every case secure such further evidence deemed necessary or
advisable, but shall in no case be bound to secure the same.
The Trustee may accept a certificate of the City Clerk of
the City, under its seal, to the effect that a resolution
in the form therein set forth has been adopted by the
~y Council, as conclusive evidence that such resolution
has been duly adopted, and is in full force and effect.
(f)
enumerated in
nor shall the
negligence or
The permissive right of the Trustee to do
this Mortgage shall not be construed as a
Trustee be answerable for other than its
willful default.
things
duty
(g) The Trustee shall not be required to take notice
or be deemed to have notice of any default hereunder, except
failure by the City to make or cause to be made any of the
payments to the Trustee required to be made by Article V (with
the time limitation noted in (b) of Section 901) and the matters
set forth in Section 901(a) and (0) unless the Trustee shall
be speCifically notified in writing of such default by the City
or by the holders of at least Ten Per Cent (l~) in aggregate
Exhibi t c -53-
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principal amount of bonds outstanding hereunder and all notices
or other instruments required by this MOrtgage to be delivered
to the Trustee must, in order to be effective, be delivered
at the office of the Trustee, and in the absence of such notice
so delivered, the Trustee may conclusively assume there is no
default" except as aforesaid.
(h) The Trustee shall not be personally liable
for any debts contracted or for damages to persons or to personal
property injured or damaged, or for salaries or non-fulfillment
of contracts during any period in which it may be in the
possession of or managing the real and tangible personal property,
as in this Mortgage provided.
(i) At any and all reasonable times the Trustee
and its duly authorized agents, attorneys, experts, engineers,
accountants and representatives"rshall have the right to fully
inspect any and all of the property herein conveyed" including
all books" papers and records of the City pertaining to the
Project and the bonds" and to take such memoranda from and
in regard thereto as may be desired.
(j) The Trustee shall not be required to give any
bond or surety in respect of the execution of the said trusts
and powers, or otherwise in respect of the premises.
(k) Notwithstanding anything elsewhere :w thia
Mortgage contained, the Trustee shall have the right" but shall
not be required, to demand, in respect of the authentication
of any bonds, the withdrawal of any cash, the release of any
property, or any action whatsoever within the purview of this
Mortgage, any showings, certificates, opinions, appraisals
or other information, or corporate action or evidence thereof,
in addition to that by the terms hereof required as a condition
of such action by the Trustee deemed desirable for the purpose
of establishing the right of the City to the authentication of
any bonds, the withdrawal of any cash, the release of any
property" or the taking of any other action by the Trustee.
(1) Before taking such action hereunder" the
Trustee may require that a satisfactory indemnity bond be
furnished for the reimbursement of all expenses to which it
may be put and to protect it against all liability, except
liability which 1s adjudicated to have resulted from the
negligence or willful default by reason of any action so taken.
Section .!Q.Qg.
The Trustee shall be entitled to
payment and/or reimbursement for reasonable fees for services rendered
hereunder, and all advances, counsel fees and ?ther expenses reasonably
and necessarily made or incurred by the Trus'j:ee in and about the
execution of the trusts created by this Mortgage, and in and about
the exercise and performance of the powe~s and duties of the Trustee
Exhibit G..54-
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hereunder~ and for the reasonable and necessary costs and expenses
incurred in defending any liability in the premises of any character
whatsoever (unless such liability is adjudicated to have resulted
from the negligence or willful default of the Trustee). In this
regard~ the C:hty has made provision in the Lease and Agreement for
the payment of said reasonable and necessary advances, fees, costs
and expenses and reference is hereby made to said Lease and Agreement
for the provisions so made. Upon default, but only upon default,
by the City~ pursuant to the provisions of this Mortgage pertaining
to default, the Trustee shall have a first lien with right of paYment
prior to payment on account of interest or principal of any
bond issued hereunder, upon the mortgaged property for the said
re'asonable and necessary advances, fees, costs and expenses incurred
by it.
Section 1003. If a default occurs of which the Trustee
is, by subsection (g) of Section 1001 hereof, required to take
notice, or if notice of default be given as in said subsection (g)
provided, then the Trustee shall give written notice thereof by
mail to the last lmown owners of all bonds outstanding hereunder,
shown by the list of bondholders required by the terms of Section 408
hereof to be kept at the office of the Trustee.
Section 1004. In any judicial proceeding to which
the City is a party and which, in the opinion of the Trustee and its
counsel, has a substantial bearing on the interests of owners of
the bonds issued hereunder, the Trustee may intervene on behalf of
bondholders and shall do so if requested 1n writing by the owners
of at least Ten Per Cent (10%) of the aggregate principal amount
of bonds outstanding hereunder. The rights and obligations of the
Trustee under this section are subject to the approval of a court
of competent jurisdiction in the premises.
Exhibit c -55-
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Section 1005. Any corporation or association into which
............
the Trustee may be converted or merged~ or with which it may be
consolidated, or to which it may sedl or transfer its trust business
and assets, as a whole or substantially as a whole, or any corpora-
tion or association resulting from any such conversion, sale, merger,
consolidation or transfer to which it is a party, ipso facto, shall
b~ and become successor-trustee hereunder and vested with all of the
title to the whole property or trust estate and all the trusts,
po~rs, discretions, immunities, privileges, and all other matters
as was its predecessor, without the execution or filing of any
instrument or any further act, deed or conveyance on the part of
any of the parties hereto, anything herein to the contrary not-
withstanding.
Section 1006. The Trustee may at any time resign from the
...........
trusts hereby created by giving thirty (30) days wri~ten notice to
the City and to Swift, and by registered or certified mail to each
register~d owner of bonds outstanding hereunder, as shown by the list
of bondholders required by Section 408 hereof to be kept by the
Trustee, and such resignation shall take effect at- the end of such
thirty (30) days, or upon the earlier appointment of a successor-
trustee by the bondholders or by the City. Such notice to the
City and to Swift may be served personally or sent by certified
or registered mail.
Section 1007. The Trustee may be removed at any time by
...........
an instrument or concurrent instruments in writing delivered to the
Trustee, to the City and to Swift, and signed by the owners of a
majority in aggregate principal amount of bonds outstanding here-
under.
Section 1008. In case the Trustee hereunder shall resign
----------
or be removed, or be dissolved, or shall be in course of dissolution
Exhibit C-56-
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or liquidation, or otherwise become incapable of acting hereunder,
or in case it shall be taken under the control of any public officer
or officers, or of a receiver appointed by a court, a successor may
be appointed by the owners of a majority in aggregate principal
amount of bonds then outstanding hereunder, by an instrument or
concurrent instruments in writing signed by such owners, or by their
attorneys in fact, duly authorized; provided, nevertheless, that in
case of such vacancy the City by an instrument executed and sighed
by its Mayor, and attested by its City Clerk under its seal and
with endorsement thereon of approval thereof by an officer of Swift,
may appoint a temporary trustee to fill such vacancy until a
successor-trustee shall be appointed by the bondholders in the
manner above provided; and any such temporary trustee so appointed
by the City shall immediately and without further act be superseded
by the trustee as appointed by such bondholders. Every such
trustee appointed pursuant to the provisions of this Section 1008
shall be a trust company or bank in good standing, having a
reported capital and surplus of not less than Two Million Dollars
($2,OOO,OOO.OO), if there be such an institution willing, qualified
and able tOj8Ccept the trust upon reasonable or customary terms.
Section 1009. Every successor-trustee appointed hereunder
shall execute, acknowledge and deliver to its or his predecessor and
also to the City and to SWift an instrument in writing accepting such
appointment hereunder, and thereupon such successor, without any
further act, deed or conveyance, shall become fully vested with all
the estates, properties, rights, powers, trusts, duties and obligations
of its predecessor; but such predecessor shall, nevertheless, on the
written request of the City, or of its successor, execute and deliver
an instrument transferring to such successor-trustee all the estates,
properties, rights, powers and trust of such predecessor hereunder;
Exhibi t c -57 -
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and every predecessor trustee shall deliver all securities and moneys
held by it as trustee hereunder to its successor. Should any instru-
ment in writing from the City be required by any successor-trustee for
more fully and certainly vesting in such successor the estates, rights,
powers and duties hereby vested or intended to be uested in the
predecessor any andt-ll such instruments m writing shall, on request,
be executed, acknowledged and delivered by the City. The resignation
of any trustee and the instrument or instruments removing any trustee
and appointing a successor hereunder, together with all other instru-
ments provided for in this Article shall be filed and/or recorded by
the successor-trustee in each recording office ~herethe MOrtgage
shal~ have been filed and/or recorded.
Section 1010. In case Swift shall fail reasonably to
-
payor to cause to be paid any tax, assessments or governmental or
other charge upon any part of the property herein conveyed, as
required by the Lease, the Trustee may pay such tax, assessment or
governmental charge, without prejudice, however, to any rights of
the Trustee or the bondholders hereunder arising in consequence of
such failure; and any amount at any time so paid under this section,
with interest thereon from the date of payment at the rate of Six
Per Cent (6~) per annum, shall be repaid by Swift upon demand, and
such repayment shall be secured by this Mortgage, and the same shall
be given a preference in payment over any of said bonds, and shall
be paid out of the proceeds of revenues collected from the property
herein conveyed, if not otherwise caused to be paid by Swift; but
the Trustee shall be under no obligation to make any such payment
unless it shall have been requested to do so by the holders of at least
Ten Per Cent (10%) of the aggregate principal amount of bonds
outstanding hereunder, and shall have been provided with adequate funds
Exhibi t c -58-
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for the purpose of such payment.
Section 1011. Within three (3) days after the
receipt of cancelled bonds and coupons from the Paying Agent~
The Trustee shall certify to the County Clerk of Hall County,
Nebraska, the fact of payment thereof to be entered upon the
records of such County Clerk, as required by Section lO-206~
Reissue Revised Statutes of Nebraska, 1943~ Reissue of 1962.
Section 1012.
The resolutions, opinions~ certificates
and other instruments provided for in this Mortgage (and in the
Lease and Agreement) may be accepted by the Trustee as conclusive
evidence of the facts and conclueions stated therein and shall be
full warrant, protection and authority to the Trustee for the
release of property and the paYment or withdrawal of funds hereunder.
Section 1013. In the event of a change in the
office of the Trustee, the predecessor trustee which has resigned
or been removed shall cease to be custodian of the Bond Fund and
principal and interest of the bonds, and the successor-trustee shall
become such custodian.
ARTICLE XI
Su~plemental Indentures
Section 1101. The City and the Trustee may, from
time to time and at any time, enter into such indentures supplemental
hereto as shall not be inconsistent with the terms and provisions
hereof (which Bupplemental indentures shall thereafter form a
part hereof), so as to thereby (a) cure any ambiguity or formal
defect or omission in this Mortgage or in any such supplemental
indenture, or (b) grant to or confer upon the Trustee for the
benefit of the bondholders any additional rights, remedies, powers,
authority or security that may lawfUlly be granted to or conferred
Exhibit C-59-
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upon the bondholders or the Trustee~ or (c) to mortgage to the
Trustee the Leased Equipment purchased out of bond proceeds~ or
(d) to substitute new or different items of LeaSedEquipment to
the lien of the Mortgage as provided for in Section 802 hereof~ or
(e) to authorize additional series of bonds issuable.hereunder
as provided in Sections 207 and 405 hereof.
At least thirty (30) days prior to the execution
of any supplemental indenture for any of the purposes of this
section, the Trustee shall cause a notice of the proposed execution
of such supplemental indenture to bemailed.postageprepaid.to
the original purchaser or purchasers of the bonds and to all
registered owners and other bondholders whose names and addresses
have been filed with the Trustee under Section 408 of this Mortgage.
Such notice shall briefly set forth the nature of the proposed
supplemental indenture and shall state that copies thereof are
on file at the principal office of the Trustee~ for inspection by
all bondholders.
Section 1102. Exclusive of supplemental indentures
covered by Section 1101 hereof, and subject to the terms and
provisions contained in this section, and not otherwise, the
holders of not less than two-thirds (2/3rds) in aggregate principal
amount of the bonds then outstanding hereunder (and not owned or
held by Swift or its officers and directors) shall have the
right, from time to time, anything contained in this Mortgage to
the contrary notwithstanding~ to consent to and approve the execu-
tion by the City and the Trustee of such indenture or indentures
supplemental hereto, as shall be deemed necessary and desirable
by the City for the purpose of modifying, altering, amending,
adding to or rescinding~ in any particular~ any of the terms or
Exhibit c -60-
provisions contained in this Mortgage or in any supplements
thereto; provided, however, that nothing herein contained shall
permit or be construed as permitting (a) an extension of the
maturity of the principal of or the interest on any bond issued
hereunder, or (b) a reduction in the principal amount of any bond
or the rate of interest thereon, or {c} to create any different
privilege of priority of any bond or bonds over any other bond
or bonds, or (c) a reduction in the aggregate principal amount
of the bonds required for consent to such supplemental indenture,
or an amendment, change, or modification of the Lease.
If,' at any time, the City shall request the Trustee
to enter into any such supplemental indenture for any of the purposes
of this section, the Trustee shall, upon being satisfactorily
indemnified with respect to expenses, cause notice of the proposed
execution of such supplemental indenture to be published at le8Bt
II (ODe time in a newapaper of general statewide ci~Qulati6n in the
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City of
, Nebraska, and al.sa 11"1. a "nationally
Omaha
distributed financial publication such as The Wall street Journal.
Such notices shall briefly set forth the nature of the proposed
supplemental indenture and shall' state that copies thereof are on
file at the principal office of the Trustee for inspection by all
bondholders. The Trustee shall not, however, be subject to any
liability to any bondholder by reason of its failure to publish
such notices, and any such failure shall not affect the validity
of such supplemental indenture when consented to and approved as
provided in this section. If the holders of not less than two-
thirds (2/3rds) in aggregate principal amount of the bonds out-
~tanding hereunder (and not owned or held by Swift or its officers
or directors) at the time of the execution of any such supplemental
indenture shall have consented to and approved the execution thereof
Exhibit C -61-
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as herein provided, no holder of any bond shall have any right to
object to any of the terms and provisions contained therein, or the
operation thereof, or in any manner to question the propriety of the
execution thereof, or to enjoin or restrain the Trustee or the City
from executing the same or from taking any action pursuant to the pro--
visions thereof. Upon the execution and recording in the Offices of
the Register of Deeds and County Clerk of Hall County, Nebraska, of
any such supplemental indenture as in this section permitted and pro-
vided, this Mortgage shall be and be deemed to be modified and amended
in accordance therewith.
Anything herein to the contrary notwithstanding, a sup-
plemental indenture under this Article XI shall not become effec-
tive unless and until Swift, Lessee under the Lease and Agreement
shall have consented to the execution and delivery of such supple-
mental indenture. In this regard, the Trustee shall cause notice
of the proposed execution and delivery of any such supplemental
indenture, together with a copy of the proposed supplemental
indenture to be mailed by certified or registered mail to Swift,
at least fifteen (15) days prior to the proposed date of execution
and delivery of any such supplemental i~denture. Swift shall be
deemed to have consented to the execution and delivery of any such
supplemental indenture, if the Trustee does not receive a letter
of protest or objection thereto signed by an authorized officer of
Swift on or before 4:30 o'clock P.M., CST, of the fifteenth day
after the mailing of said notice and a copy of the proposed supple-
mental indenture.
ARTICLE XII
Amendment of Lease and Agreement
Section 1201. The City of the Trustee, or each thereof,
may from time to time and at any time, without the approval of
Exhibit C ..62--
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bondholders, consent to any amendment~ change or modification of
the Lease and Agreement between the City and Swift for the purpose
of (1) securing bonds of any additional serIes issued hereunder as ~
w:i-d eel in Sections 007 amd .405 hereof., (ii) curing any ambiguity or formal
defect or omission or (iii) making any other change therein
which, in the judgment of the Trustee, communicated in writing
to the City, is not to the prejudice of the Trustee or the holders
of the bonds.
Section 1202. Except for amendments, changes or
-
modifications as provided ~ Section 1~01 hereof, neither the
City nor the Trustee shall consent to any other amendment, change
or modification of the Lease, without publication of notice and
the written approval or consent of the holders of not less than
two-thirds (2/3rds) in aggregate principal amount of the bonds
at the time outstanding hereunder(and not owned or held by Swift
or its officers or directors) given and procured as in this section
provided. If, at any time, the City and Swift as the Lessee under
the Lease and Agreement shall request consent or modification
of the Lease and Agreement the Trustee shall, upon being
satisfactorily indemnified with respect to expenses, cause notice
of such proposed amendment, change or modification to be published
in the same manner as provided in Section 1102 hereof with respect
to supplemental indentures. Such notice shall briefly set forth
the nature of such proposed amendment, change or modification and
shall state that copies of the instrument embodying the same are
on file at the principal office of the Trustee for inspection by
all bondholders.
ARTICLE XIII
Miscellaneous
Section 1301. Any consent, request, direction,
approval, objection or other instrument required by this Mortgage to
Exhibit c -63-
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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 appointing 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 and of the ownership of the bonds, if made in the
following manner, shall be sufficient for any of the purposes of
this Mortgage, and shall be conclusive in favor of the Trustee with
regard to any action taken by it under such request or other
instrument, namely:
(a) The fact and date of the execution by
any person of any such writing may be proved by the
certificate of any officer in any jurisdiction who by
law has power to take acknowledgments within such
jurisdiction, that the person signing such writing
acknowledged before him the execution thereof, or by
an affidavit of any witness to such execution.
(b) The fact of the holding by any person
of bonds and/or coupons transferable by delivery, and
the amounts and numbers of such bonds~ and the date of
the holding of the same, may be proved by a certificate
executed by an officer of any trust company, bank or
banks" wherever situated, stating that at the date
thereof the party named therein did exhibit to the
officer of such trust company or bank or to such
banker, as the property of such party, the bonds and/
or coupons therein mentioned if such certificate
shall be deemed by the Trustee to be satisfactory. The
Trustee may" in its discretion, require evidence that
such bonds have been deposited with a bank, bankers or
trust company, before taking any action based on such
ownership.
For all purposes of the Mortgage and of the proceedings
for the enforcement thereof, such person shall be deemed to continue
to be the holder of such bond until the Trustee shall have received
notice in writing to the contrary.
Section 1302. With the exception of rights herein
expressly conferred, nothing expressed or mentioned in or to be
implied from this Mortgage, or the bonds issued hereunder, is
intended or shall be construed to give to any person or company
Exhibi t c -64-
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other than the parties hereto, and the holders of the bond sand
coupons secured by this Mortgage any legal or equitable right,
remedy or claim unQer or in respect to this Mortgage or any
covenants, conditions and provisions herein contained; this
Mortgage and all of the covenants, conditions and provisions hereof
being intended to be and being for the sole and exclusive benefit
of the parties hereto and the holders of the bonds and coupons
hereby secured as herein provided.
Section 1303. If any provisions of this Mortgage
shall be held or deemed to be or shall, in fact, be inoperative
or unenforceable as applied in any particular case in any jurisdic-
tion or jurisdictions or in all jurisdictions or in all cases
because it conflicts with any provisions or any constitution or
statute or rule of public policy, or for any other reason, such
circumstances shall not have the effect of rendering the provision
in question inoperative or uhenforceable in any other case or
circumstance, or of rendering any other proviB.:l.onor provisions
herein contained invalid, inoperative or unenforceable to any
extent whatever.
The invalidity of anyone or more phrases, sentences,
clauses or paragraphs in this Mortgage contained shall not affect
the remaining portions of this Mortgage or any part thereof.
Section 1304. It shall be sufficient service of
any notice, request, complaint, demand or other paper on the City,
if the same shall be duly mailed to the City by registered or
certified mail addressed to the City Clerk, City Hall,.: Gra:i:1.d Island,
Nebraska. It shall be sufficient service of any notice or other
paper on Swift if the same shall be duly mailed to Swift by
registered or certified mail and addressed to the attention
of the Law Department at 115 West Jackson Boulevard, Chicago 4,
Illinois, or to such other address as Swift may from time to time file
Exhibit C -65-
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with the City and the Trustee.
Section 1305. This Mortgage may be simultaneously
executed in several counterparts, each of which shall be an original
and all of which shall constitute but one and the same instrument.
~ection 1306. No provision, covenant or agreement
contained in this Mortgage or the bonds or interest coupons, or
any obligation herein or therein imposed upon the City, or the
breach thereof, shall constitute or give rise to or impose upon
the City a pecuniary liability or a charge upon its general credit
or taxing powers.
In making the agreements, provisions and
covenants set forth in this Mortgage, the City has not obligated
itself except with respect to the Project and the application of
the revenues, income and all other property therefrom, as hereinabove
provided.
IN WITNESS WHEREOF, City of Grand Island, Nebraska,
has caused these presents to be signed in its name and behalf by
its Mayor, and its corporate seal to be hereunto affixed and attested
by its City Clerk, and to evidence its acceptance of the trusts
hereby created, First National Bank of Omaha, has caused these
presents to be signed in its name and behalf by one of its duly
authorized Vice-Presidents, its official seal to be hereunto
affixed and attested by one of its Trust Officers, all as of the
first day of April, 1964, but actually executed this
day
of
, 1964.
CITY OF GRAND ISLAND, NEBRASKA
By
President of the City Council and ex
officio Mayor
ATTEST:
City Clerk
(SEAL)
FIRST NATIONAL BANK OF OMAHA
By
Vice-President
ATTEST:
Trust Officer
(SEAL)
Exhi bi t c- 66-
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STATE OF NEBRASKAj
SS
COUNTY OF HALL
I, the undersigned, being a Notary Public in and for the
County and State aforesaid, do hereby certify that
and , whose names as
President of the City Council and ex officio Mayor and City Clerk,
respectively, of the City of Grand Island, in Hall County, Nebraska,
are each signed to the foregoing Mortgage and Indenture of Trust,
and who are each personally known to me and known to be such officers,
appeared before me on this day and being fully informed of the con-
tents of said Mortgage and Indenture of Trust, did each acknowledge
that they, 1n their respective capacities as such Mayor and City
Clerk, did execute the same as their voluntary act and deed and the
voluntary act and deed of said City, on the day the same bears date.
WITNESS my hand and Notarial seal, this
, 1964.
day of
Notary Public
My commission expires on the
day of , 19__"
(SEAL)
STATE OF NEBRASKAj
5S
COUNTY OF HALL
I, the undersigned, being a Notary Public in and for the
County and state aforesaid, do hereby certify that
and , whose names as Vice-
President and Trust Officer, respectively, on the First National Bank
of Omaha, Nebraska, are each signed to the foregoing Mortgage and
Indenture of Trust, and who are each personally known to me and known
to be such officers, appeared before me on this day and being fully
informed of the contents of said Mortgage and Indenture of Trust,
did acknowledge that they, in their respective capacities as such
Vice-President and Trust Officer, did execute the same as their
voluntary act and deed and the VOluntary act and deed of the said
First National Bank of Omaha, on the day the same bears date.
WITNESS my hand and Notarial seal~ this
~ 1964..
day of
Notary Public
My commission expires on the
day of , 19~.
(SEAL)
Exhibit c -67-
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A tract of land comprising certain lots lying in the
Southwest quarter of Section 14, Township 11 North, Range 9 West,
of the 6th P,M", Hall County, Nebraska, all being in the Industrial
Addition to the City of Grand Island, Nebraska, and more particularly
described as follows:
A tract of land comprisin& all of Lots Sixty-
Five (65), Sixty-Six (66), Sixty-Seven (67), Sixty-Eight
(68), Sixty-Nine (69), Seventy-Seven (77), Seventy-
Eight (78), Seventy-Nine (79), Ei~hty (80), Eighty-one (81),
Ninety-Six (96), Ninety-Seven (97), Ninety-Eight (98)
and One Hundred Three (103) and a part of Lots Forty-
Six (46), Forty-Seven (47), Forty-Eight (48), Forty-Nine
(49), Fifty (50), Fifty-One (51), Sixty-Four (64), Eighty-
Two (82), Ninety-Five (95) and One Hundred Four (104) all
in Industrial Addition to the City of Grand Island, Nebraska,
and lying in the Southwest Quarter (SWlj4) of Section Fourteen
(14), Township Eleven (11) North, Range Nine (9) West of
the 6th P,M., Hall County, Nebraska and more particularly
described as follows:
Beginning at a point Seventy (70.0) feet south
and thirty-three (33) feet East of the Northwest corner of
said Southwest Quarter (SWl/4)j thence running easterly
and parallel to the north line of said Southwest quarter
(SWlj4) a distance of One Thousand Nine Hundred Thirty-
Seven and Five Tenths (1,937.5) feetj thence running
Southerly and ~arallel to the west line of said Southwest
Quarter (SWlj4) a distance of One Thousand Six Hundred
Thirty and Thirty-Two Hundredths (1,630.32) feet to a
point on the Northerly right-of-way line of the C. B. & Q,
Railroad Companyj thence running Northwesterly along said
R. O. W. a distance of Seven Hundred Thirty-Four and
Ninety-Eight Hundredths (734.98) feet to a point on the
east line of the SWlj4 SWl/4; thence running Northerly along
the east line of the SWl/4 SWlj4 a distance of Thirty-Nine
and Sixty-Eight Hundredths (39.68) feet to the northeast
corner of the SWlj4 sWlj4; thence running Westerly along the
north line of the SW1/4 SWl/4 a distance of Seventy-Six
and Thirty-Seven Hundredths (76.37) feet to a point on
the Northerly right-of-way line of the C. B. & Q. Railroad
CompanYj thence running Northwesterly along said R. O. W.
a distance of One Thousand Three Hundred Seventy and
Fifty-Six Hundredths (1,310.56) feet to a point Thirty-
Three (33.0) feet East of the West line of said Southwest
Quarterj thence running North and parallel to the west
line of said Southwest Quarter a distance of Six Hundred
,Nineteen and Three Tenths (619.3) feet to the point of
beginning and containing 50.0 acres, more or less, and
described in a survey dated October 6, 1963, prepared by
Thomas L. Jordan, Registered Land Surveyor, Grand Island,
Ne bras ka "
lOOIIBIT Ji1 & I - A
Exhibit C - 68
~'C:-~.ti{,1'''''~.!l.lo'tt3illl'''''''':CT;'''",,,,,,
ORDINANCE NO. 4183
An ordinance to amend Sections 15-5 and 15-6 of Article I of
Chapter 15 entitled "Garbage, Refuse, Waste and Weedslf of the Grand
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Island City Code to include and be applicable to every person in possession,
in charge, or in control of real estate lying within the City; to provide
a penalty for violation thereof and disobedience of lawful orders there-
under; to repeal such Sections 15-5 and 15-6 of such Chapter 15 of the
Grand Island City Code as heretofore existing; and to provide the effective
date hereof.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. That Section 15-5 of Chapter 15 entitled "Garbage,
Refuse, Waste, and Weeds" of the Grand Island City Code be, and hereby
is, amended to read as follows:
ItSec. 15-5. Removal of garbage. etc. To be duty of all persons
in possession. in charge. or in control.
I
"It shall be the duty of every owner, and person, in possession,
in charge, or in control of any dwelling, flat, rooming house, apart-
ment house, hospital, school, hotel, club, restaurant, boarding house,
or eating place, or in possession, in charge, or in control of any
shop, place of business, or manufacturing establishment, where garbage,
trash, or refuse is created, or accumulated, to remove or cause to be
removed from the premises where accumulated such garbage, refuse or
trash."
SECTION 2. That Section 15-6 of Chapter 15 entitled "GaX'bage, Refuse,
Waste, and Weeds" of the Grand Island City Code be, and hereby is, amended
to read as follows:
"Sec. 15-6. Same - Notice to remove - When given - contents. etc.
I
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"It shall be the duty of the chief of police, in any case where
garbage, trash, or refuse have been permitted to gather or to be
thrown or remain upon any real estate, to notify the owner, or other
person or persons, in possession, in charge, or in control of any such
real estate to remove the same. Such notice shall be in writing, and
the same shall order such owner or other person in possession, in
charge, or in control of such real estate to remove such garbage,
trash, or refuse within three days of the date of such notice. Such
notice shall be served upon such owner or other person in possession,
in charge, or in control of such real estate, personally, or by leaving
the same at the usual place of residence or business of any such owner,
or other person. In all cases, where the owner of any such real estate
is a non-resident, and no other person or persons, is, or are, in
possession, in charge, or in control of such premises, the notice shall
be sent by registered mail to the last known address of such an owner
and then, and in that event the owner of such premises shall have ten
days time from day of mailing thereof within which to comply with
such notice of the chief of police."
- 1 -
ORDINANCE NO..
4183
(Cont'd)
SECTION 3. Any person or persons who shall violate any of the
provisions of Article I of Chapter 15 of the Grand Island City Code,
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or who shall fail or refuse to obey any lawful order issued in pursuance
of the provisions of such Article I, Chapter 15 of Grand Island City
Code, shall, upon conviction, be deemed guilty of a misdemeanor and be
punished as provided in Section 1-7 of such Code.
SECTION 4. All rights or remedies are expressly saved as to
any and all violations of Article I of Chapter 15 of Grand Island
City Code that have accrued at the time of the effective date of this
Ordinance.
SECTION 5. Sections 15-5 and 15-6 of Chapter 15 of the Grand Island
City Code as heretofore existing, be, and hereby are, repealed.
SECTION 6. This ordinance shall take effect, as by law provided,
from and after its passage, and publication within thirty days in one
issue of the Grand Island Daily Independent.
I
Enacted this 8th day of February, 1965.
i: ~~4
r- - > -t~-
(~hV7LL, -',:{LU4_,
President of the Council
;FT:
I
.
- 2 -
~"'_,",'I-'^'___-u,.""__""".,.'~...,..""",,_,,,
4184
ORDINANCE NO.
An Ordinance to amend Section 1-11 of Chapter One entitled
"General Provisions" of the Grand Island City Code, with regard to
the number and rates of interest on installments for payment of special
.
I
levies and assessments; to repeal such Section 1-11 of Grand Island City
Code as heretofore existing, and to provide the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. That Section 1-11 of Chapter One entitled "General
Provisions" of the Grand Island City Code be, and hereby is, amended to
read as follows:
"Sec. 1-11. Special assessments for water and sewer construction.
All special assessments levied and assessed by the City to pay
for the cost of construction of water and sewer main districts in
the City shall be payable as provided by statute. If the entire
amount of any such assessment levied to pay for the cost of such
improvement is paid wi thin fifty days from the date of the levy no
interest charge shall be made."
SECTION 2. Section 1-11 of the Grand Island City Code, as hereto-
I
fore existing, shall be, and hereby is, repealed.
SECTION 3. This ordinance shall take effect, as by law provided,
from and after its passage, and publication within thirty days in one
issue of the Grand Island Daily Independent.
Enacted this 8th day of February, 1965.
, ~~'
- \. I
~~/'Ovl--. '1=]: Lk~~
President 0 the Council
T.
?f~
City Clerk
I
.
kPflhlUtiJ
1l.~1...~:,-'Z'>'qh!.:C1.i1:""~4:-'l<,*,~\
lUl'L~~.<r-""'~-Ou:....:J:"'~';"'_;;.2.:;:;c\.l~
~'Jn'Gl.u;.:r.;;t..~,;":,,.'~~;"'"il'hU...
ORDINANCE NO. 4185
An ordinace amending Sections 17, 20, and 21 of Ordinance No.
3894 dividing the City of Grand Island, Nebraska, into voting districts;
.
I
repealing Sections 17, 20, and 21 of Ordinance No. 3894 as heretofore
existing; and to provide the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. That Section 17 of Ordinance No. 3894 be, and hereby
is, amended to read as follows:
"ELECTION DISTRICT NO. 16 shall include the area bounded as follows:
commencing at a point where North Locust Street and Union Pacific
Railroad Right-of-Way intersect; thence southwesterly along the
Union Pacific Right-of-Way to Eddy Street; thence southeasterly on
the center line of Eddy Street to Anna Street; thence northeasterly
on the center line of Anna Street to South Locust Street; thence
north and northwesterly on the center line of North Locust Street
to the Union Pacific Railroad Right-of-Way which is the point of
origin."
SECTION 2. That Section 20 of Ordinance No. 3894 be, and hereby
is, amended to read as follows:
I
"ELECTION DISTRICT NO. 19 shall include the area bounded as follows:
commencing at a point where the center line of Locust Street and Koenig
Street intersect; thence running east on the center line of Koenig
Street to Vine Street; thence south on the center line of Vine Street
to south corporate limit; thence westerly along corporate limit line
to Pine Street; thence north on the center line of Pine Street to
Bismark Road; thence west on the center line of Bismark Road to
South Locust Street; thence north along the center line of South
Locust Street to Koenig Street, which is the point of origin."
SECTION 3. That Section 21 of Ordinance No. 3894 be, and hereby
is, amended to read as follows:
"That the designation, "ELECTION DISTRICT NO. 20", be, and hereby
is, reserved for designation of an area of an election district
by ordinance at a future date."
SECTION 4. That Sections 17, 20, and 21 of Ordinance No. 3894, as
heretofore existing, be, and hereby are repealed.
SECTION 5. This ordinance shall take effect, as by law provided,
I
.
from and after its passage, and publication within thirty days in one
issue of the Grand Island Daily Independent.
Enacted this 22nd day of February, 1965~
'.. " .. ---
President of the Council
ATTEST:
I} 0/ .,
{ /- -~
/;:" ~/. 7Jc~~~(j
.~
APPflOYED.
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_ A=z 7:--'
ORDINANCE NO.
4186
An Ordinance to amend Article I of Chapter 8 of the
.
I
Grand Island City Code entitled "Buildings" by repealing
,- - .
Sections 8-6, 8-7, 8-8, 8-9, and 8-10, and to provide the
effective date hereof.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. That Sections 8-6, 8-7, 8-8, 8-9, and
8-10 of Article 1 of Chapter 8 entitled "Buildings" of the
Grand Island City Code be, and hereby are, repealed.
SECTION 2. That this Ordinance shall take effect, as
by law provided, from and after its passage and publication
within thirty days in one issue of the Grand Island Daily
Independent.
Enacted this
--y '""2..---
day of ~
~~~~
President of the Council
, 1965.
I
I
.
lte.~ED
{J~J;7::~
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ORDINANCE NO.
4187
An Ordinance to amend Section 2 of Appendix I - Zoning, of the
Grand Island City Code, entitled "Districts emunerated; regulations
.
I
generally; official zoning map"; to repeal Section 2 of Appendix I -
Zoning, of the Grand Island City Code as heretofore existing; and to
provide the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That Section 2 of Appendix I - Zoning, Grand Island
City Code, entitled "Districts enumerated; regulations generally; official
zoning map" be, and hereby is, amended to read as follows:
"Sec. 2. Districts enumerated; regulations generally;
official zoning map.
I
"In order to regulate and restrict the location of trades
and industries, and the location of buildings erected or altered
for specific uses, and to regulate and limit the height and bulk
of buildings hereafter erected or altered, to regulate and determine
the area of yards, courts, parking areas and other open spaces
about buildings, and to regulate and limit the density of population,
the City of Grand Island is hereby divided into "Uses and Height Districts"
of which there shall be five, known as:
A-Residence District.
B-Residence District.
A-Business District.
B-Business District.
Industrial District.
The City of Grand Island is hereby divided into five districts,
aforesaid, and the boundaries of such districts are as shown upon
the map attached hereto and made a part of this ord~nce, being
designated as the "Use and Height District Map" and said map and
all notations, references, and other things shown thereon are and
shall be as much a part of this ordinance as if the matters and
things set forth by said map were fully set out and described herein.
Every area incorporated within the boundaries of the City of
Grand Island, by annexation or as an addition or otherwise, and
not otherwise zoned as B-Residence, or A-Business or B-Business, or
Industrial, District, is, and shall be, automatically zoned A-Residence
District; and so designated upon the official zoning map of the City
of Grand Island..
I
.
Except as hereinafter provided:
(1) No building shall be erected, reconstructed, or structurally
altered, nor shall any building or premises be used for any purpose
other than is permitted in the district in which such building or
premises is located.
(2) No building shall be erected or structurally altered to
exceed in height the limit herein established for any district in
which such building is located.
ORDINANCE NO. 4187
(Cont'd)
(3) No lot area shall be so reduced or diminished that the
yards or other open spaces shall be smaller than prescribed by
this ordinance nor shall the lot area per family be reduced in
any manner except in conformity with the area regulations hereby
established for the district in which such building is located."
.
I
SECTION 2. That Section 2 of Appendix I - Zoning, 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 and publication within thirty days in one
issue of the Grand Island Daily Independent as by law provided.
Enacted this
'2- "'2-
day of
~
, 1965.
~Jv\'~
President of the Council
ATTEST:
Jc~~
I
I
.
ORDINANCE NO.
4188
APPiiO'~U
tf
I::.=- P ,
-r~ -
An Ordinance to amend Sections 15-25, 15-26, 15-27,
15-28, and 15-37 of Article II of Chapter 15 of the Grand
.
I
Island City Code, relating to "Garbage, Refuse, Waste and
Weeds"; to establish the maximum rates which may be charged
for the collection of residential garbage, trash and refuse
and to establish the rates to be charged by the City for
its collection services; to define the word "pickup"; to
establish the minimum and maximum rates which may be charged
for the collection of nonresidential garbage, trash and
refuse; to increase the hourly amount which may be charged
for special collections; to increase the cost of dumping
privileges for trailers, pick-ups or trucks with a capacity
of one ton or more; to repeal original Sections 15-25, 15-26,
I
15-27, 15-28, and 15-37 as heretofore existing; to repeal
Sections 15-23 and 15-29; and to provide the effective date
hereof.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. That Sections 15-25, 15-26, 15-27, 15-28,
and 15-37 of Article II of Chapter 15 of the Grand Island
City Code be, and hereby are, amended to read as follows:
"Sec. 15-25. Charges. etc.. - Residential rates -
Schedules.
The maximum monthly rates which may be charged by the
city and all persons engaged in the collection and trans-
portation of garbage, trash and refuse are as follows:
Number of Units
Monthly Rates
$2.00 per month
2.90 per month
3.80 per month
4.70 per month
5.60 per month
6.50 per month
.60 per month
(each)
I
.
One family
Two family
Three family
Four family
Five family
Six family
Additional families over 6
The monthly rates to be charged by the city for the
collection and transportation of garbage, trash and refuse
are as follows:
- 1 -
ORDINANCE NO. 4188 (Cont' d)
Number of Units Monthly Rates
.
I
One family
Two family
Three family
Four family
Five family
Six family.
Additional families over 6
$1. 90 per month
,2.80 per month
3. 70 per month
4.60 per month
5.50 per month
6.40 per month
.60.per month
"
"Sec. 15-26. Same - Same - Based on two pickups per
week; pickup defined.
The rates fixed pursuant to Section 15-25 for resi-
dences andcapartments are based upon two pickups per week.
A "pickup" in a residential district shall consist of
two fuli garbage cans of the size permitted by Section 15-12,
and four additional regular size baskets, boxes, sacks or
bundles. "
"Sec. 15- 27. Same - Nonresidential.
I
Pickups at nonresidential establishments shall be
governed by the average amount of garbage or refuse picked
up per week and billed according to the following rates:
For two pickups per week, the charge shall range from
four dollars minimum to twenty-five dollars maximum, per
month. Where six pickups per week are made, the charge
shall range from ten dollars rninimum to seventy-five dollars
maximum, per month."
in containers, from premises wherever situated and not in-
tended to be removed in the usual garbage collection service,
I
.
a charge of five dollars per hour shall be paid for each man
engaged in the collection of such materials."
"Sec. 15-37. Fees - Generally.
All persons engaged in the business of collecting gar-
bage, trash, refuse and waste materials, and all persons
licensed to collect their own garbage, trash, refuse and
waste materials and dispose of the same at the city dump
- 2 -
ORDINANCE NO. 4188 (Cont'd)
shall pay to the city for such dumping privileges, for
each load, an amount as follows:
.
I
(a). All pic~ups, trailers or trucks of one-half ton
capacity or less - $0.50 per load.
(b). All pick-ups, trailers or trucks with a capacity
of one-half ton to one ton - $1.00 per load.
(c). All pickups, trailers or trucks with a capacity
of more"than one ton - $0.10 per cubic yard.
After appropriate funds are established, the City
Manager may direct the transfer of amounts from one fund
into the fund established for the maintenance of the city
dump, as payment for the ciEy's dumping privilege in com-
pliance with this section."
SECTION 2. That original Sections 15-25, 15-26, 15-27,
15-28, and 15-37 of the Grand Island City Code as heretofore
I
existing, be, and hereby are, repealed.
SECTION 3. That Sections 15-23 and 15-29 of the Grand
Island City Code be, and hereby are, repealed.
SECTION 4. This Ordinance shall take effect, as by
law provided, from and after its passage and publication
within thirty days in one issue of the Grand Island Daily
Independent.
Enacted this
J-...,.......
day of
. ~ , 1965.
~~~
President of the Council
I
.
Attest:
c!J.;;r-~
City Clerk
- 3 -
ORDINANCE NO.
4189
~~ftBYiD
. (3
1:<'>0,
FI-I:.J ~
'f/~I
An Ordinance to amend Section 20-153 of Article III
.
I
of Chapter 20 entitled "Motor Vehicles and Traffic" of the
Grand Island City Code;'to provide for the collection of
fees for vehicular parking in metered stalls; to define
the term "holidays" for the purpose of such section; to
fix the hours in which no parking meter fees are to be
charged; to repeal the original Section 20-153 as here-
tofore existing; to repeal ordinances or parts of ordi-
nances or provisions in the Grand Island City Code in con-
flict herewith; and to provide the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA.
SECTION 1. That Section 20-153 of the Grand Island
City Code be amended to read as follows:
I
"Sec. 20-153. Meter fees generally: hours of opera-
tion; illegal parking generally.
For the purpose of defraying the cost to the city of
regulating, supervising, and policing the exercise of the
privilege of parking vehicles, in, along, or upon the
streets designated by the council to be provided with park-
ing meters, there is hereby imposed a fee upon each person
parking a vehicle upon the streets so designated, between
the hours of 9:00 A.M. and 5:00 P.M. of any day of the week
except Wednesday, when fees shall be charged during the hours
from 9:00 A.M. to 9:00 P.M. No fee shall be charged on Sundays
and the following days, designated as holidays for the pur-
I
.
pose of this section: New Year's Day, Lincoln's Birthday,
Washington's Birthday, Memorial Day, July 4, Labor Day,
Veteran's Day, Thanksgiving Day, and Christmas Day. When
any vehicle has been parked in any parking space for which
a parking meter has been provided, the operator of such ve-
hic1e shall immediately after entering such parking space,
deposit, or cause to be deposited, a coin of the United States
of such kind and amount as shall be indicated on the particular
- 1 -
.
I
I
I
.
ORDINANCE NO. 4189
(Cont'd)
parking meter provided for the parking space which the oper-
ator has entered, and such parking space may then be 1aw-
fully occupied by such vehicle during the period of park-
ing time indicated on such parking meter as the time allowed
for the particular coin deposited.
If any vehicle shall remain parked in any parking
space beyond the parking time limit as indicated on such
meter for the particular coin deposited, the parking meter
shall display a sign or signal showing that such parking
is illegal, and, in that event, such vehicle shall be con-
sidered as parked overtime and in violation of this divi-
sion."
SECTION 2. That original Section 20-153 of the Grand
Island City Code as heretofore existing be, and hereby is,
repealed.
SECTION 3. That all ordinances or parts of ordinances
or provisions in the Grand Island City Code in conflict here-
with be, and the same are, hereby repealed.
SECTION 4. That this Ordinance shall be in force and
take effect as provided by law from and after its enactment
and publication within thirty days in one issue of the Grand
Island Daily Independent.
Enacted this
8
, 1965.
day of 4f",~~.4
( ./
,f-~ ~
~--/~_../, '---'
President of/th Council
i
Attest:
~1ty
- 2 -
ORDINANCE NO.
4190
An Ordinance to amend Section 4-6 of Chapter 4 of the
Grand Island City Code as amended by Ordinance No. 4055 of
the ordinances of the City of Grand Island, Nebraska, relat-
.
I
ing to alcoholic beverages; to increa~the occupation tax on
certain described businesses; to provide a savings clause; to
preserve all pre-existing rights and remedies; to repeal orig-
inal Section 4-6 as amended by Ordinance No. 4055 as heretofore
existing; to repeal ordinances or parts of ordinances or pro-
visions in the Grand Island City Code in conflict herewith; and
to provide the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND CITY 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:
I
"Sec. 4-6. Occupation tax on sellers. etc. - Amounts.
For the purpose of raising revenue, there is hereby levied
upon the following described businesses conducted in the city the
following occupation taxes:
(a)
(b)
(c)
(d)
(e)
(f)
Alcoholic liquor distributor
(except beer) . . . . . . . . . . . . $500.00
Beer distributor. . . . . . . . . . . . 250.00
Retailer of beer only, for consumptio~
on the premises. . . . . . . . . .. 40.00
Retailer of beer only, for consumption
off the premises (sale in the orig-
inal packages only) . . . . . . .. 30.00
Retailer of alcoholic liquors, including
beer, for consumption off the prem-
ises (sale in the original packages
only) . . . . . . . . . . . . . . . . 210.00
For all nonbeverage users.. .... 5.00
"
SECTION 2. It is the intention of the City Council in
enacting this ordinance that in case any section of this ordi-
nance or any part of any section shall be declared invalid or
unconstitutional, such declaration of invalidity shall not effect
the validity of the remaining portions thereof, and, upon any
such declaration of invalidity, the original section or part of
section as hereto fore existing shall thereupon be re-enacted and
reinstated to have the same force and effect as if it had never
been amended.
I
.
- 1 -
.
I
I
I
.
ORDINANCE NO. 4190
(Cont'd)
SECTION 3. All rights or remedies are exclusively saved
as to any and all violations of Section 4-6 as amended by Ordi-
nance No. 4055 that have accrued at the time of the effective
date of this ordinance or may accrue upon the declaration of
invalidity of any section or part of section of this ordinance.
SECTION 4. That original Section 4-6 of the Grand Island
City Code as amended by Ordinance No. 4055 of the ordinances of
the City of Grand Island, Nebraska, as heretofore existing be,
and hereby is, repealed.
SECTION 5. 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 6. After its publication within thirty days in
one issue of the Grand Island Daily Independent, this ordinance
shall become effective on the first day of May, 1965.
Enacted this 25th day of March, 1965.
~
At;:;; : "
"' r:-? /~6---L../
?7 City Clerk
- 2 -
Ail.' .i'..fSj..1i
( ; /..,
~
r~
ORDINANCE NO. 4191
.
I
An Ordinance to amend Article III of Chapter 20 of the
Grand Island City Code entitled "Motor Vehicles and Traffic"
by amending Sections 20-169 and 20-173; to define the streets
on which motor vehicles shall not be parked between the hours
of 12:00 Midnight and 8:00 A.M. to facilitate the removal of
snow; to provide for the removal and towing away of motor
vehicles in violation hereof; to repeal the original Sections
20-169 and 20-173 as heretofore existing; and to provide the
effective date hereof.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF GRAND ISLAND, NEBRASKA:
SECTION 1. That Sections 20-169 and 20-173 of Article
III of Chapter 20 entitled "Motor Vehicles and Traffic" of
the Grand Island City Code be, and hereby are, amended to
read as foi1ows:
I
"Sec. 20-169. Parking, etc., on certain streets between
12:00'Midnight and 8:00 A.M.
To facilitate the removal of snow from the streets, high-
ways and alleys of the city, it shall be unlawful for any per-
son to leave any motor vehicle standing or parked on the streets
named in this section between the hours of 12:00 Midnight and
8:00 A.M.
The names of such streets and avenues are as follows:
I
.
Division Street, between Locust Street and Walnut Street.
~irst Street, between Ced?r 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 Stre~t and Kimball
Avenue.
Fourth Street, between Eddy Street and Bea1 Street.
~ast 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
Stree~. _
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.
- 1 -
ORDINANCE NO. 4191
(Cont'd)
.
I
Cedar Street, between First Street and the Union Pacific
Railroad right of way.
Elm Street, between Second Street and the Union Pacific
Railroad right of way."
"Sec. 20-173. Same - Towing firm to be employed.
The city council shall by contract secure the services
of a properly qualified and equipped firm to perform the
removal and towing away of motor vehicles pursuant to this
division."
SECTION 2. That the original Sections 20-169 and 20-173
of the Grand Island City Code as heretofore existing, be, and
hereby are, repealed.
SECTION 3. This Ordinance shall take effect, as by law
provided, from and after its passage and publication within
thirty days in one issue of the Grand Island Daily Independent.
Enacted this
;:u:-
day of
~c:L.-Iu , 1965.
I
~~
President of the Council
Attest:
CJ
I
.
- 2 -
J1+... "A:,~!~
.. '..,..~-,,"'''''~
ORDINANCE NO. 4192
......"_."-;--~'<....:..,;;-'.-l.\~
An Ordinance to amend Sections 31-41 and 31-42 of Article V
entitled "Construction, etc., of Sidewalks, Curbs and Gutters, etc."
of Chapter 31 entitled "Streets and Sidewalks" of the Grand Island City
.
I
Code; to restrict the construction of "Curb Sidewalks"; to repeal Sections
31-41 and 31-42 of the Grand Island City Code as heretofore existing;
and to provide the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. That Section 31-41 of Article V of Chapter 31 entitled
of the Grand Island City Code
"Streets and Sidewalks"/be, and hereby is, amended to read as follows:
"Sec. 31-41. Material, location, width, etc.
"All curbs and gutters, public sidewalks and hard surfaced
driveways constructed within the area of any street after the
effective date of this section shall be of concrete construction,
unless the city council, upon proper showing, shall permit other
material to be used in a particular location.
I
"Curbs and gutters shall be located so as to provide the proper
width for future street paving to be constructed in the area and
such curbs and gutters shall be constructed to grade so that the
same will properly drain."
SECTION 2. That Section 31-42 of Article V of Chapter 31 entitled
"Streets and Sidewalks" of the Grand Island City Code be, and hereby is,
amended to read as follows:
"Sec. 31-42. Sidewalks.
"Public sidewalks shall be not less than four feet in width,
and the outer lines of such sidewalks shall lay not less than five
feet beyond the property lines. All public sidewalks built after
the effective date of this section of a width of more than five feet
shall slope toward the gutter at a rate to be determined by the city
engineer.
"Sidewalks built within one foot of property lines and not less
than five feet beyond such property line shall be termed and known as
"conventional sidewalks".
"Sidewalks permitted to be laid and constructed along and
immediately adjacent to any curb and gutter shall be termed and
known as "curb sidewalks."
I
.
'~ere approved protective or restrictive covenants applicable
to City subdivisions or additions require curb sidewalks, such curb
sidewalks may be built contiguous to any tract or parcel in such
subdivision or addition without regard to continuity.
"Only conventional sidewalks may be constructed where no sidewalks
exist, or in subdivisions hereafter created, Provided, in the case of
presently platted areas the City Council reserves the right and authority
to specifically permit the construction of curb sidewalks under restric-
tions as to construction of access driveways, and in case of the request
or consent in writing, duly acknowledged, by not less than sixty per
cent of the property ownerS between any two successive streets."
- 1 -
.
I
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.
ORDINANCE NO.
4192
(Cont'd)
SECTION 3. That Sections 31-41 and 31-42 of the Grand Island City Code,
as heretofore existing, be, and hereby are, repealed.
SECTION 4. This Ordinance shall take effect from and after its
passage and publication within thirty days in one issue of the Grand
Island Daily Independent.
~ ",tfl
Enacted this 01
day of ~
, 1965.
~
President of the Council
{
- 2 -
, \
APPJ\OVED
~.~~
-.
ORDINANCE NO. 4193
An Ordinance to harmonize and incorporate into the
Grand Island City Code the provisions of Section 2 of
Ordinance No. 4055 relating to occupation taxes on bottle
.
I
clubs and non-profit organizations and Section 1 of Ordi-
nance No. 4190 relating to occupation taxes on alcoholic
beverage businesses.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
. .
CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. That Section 4-6 of the Grand Island City
Code shall read as follows:
"Sec. 4-6. Occupation tax on sellers. etc. - Amounts.
For the purpose of raising revenue, there is hereby
levied upon the following described businesses conducted
in the city the following occupation taxes:
I
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Alcoholic liquor distributor
(except beer) . . . . . . . . . . . $500.00
Beer gistributor : . . . . . . . . 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, includ-
ing beer, for consumption off the
premises (sale in the original
packages 9nly) ....
For all nonbeverag~ users
E.ottle clubs . . . . . . . . .
Non-profit organizations . .
40.00
30.00
210.00
5.00
400.00
400.00
No reduction in occupation tax 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."
Enacted this
I
.
5
. April
, 1965.
day of
~
President of the Council
Atte~.st '. _
/- ~7~u
~:~ City Clerk
ORDINANCE NO. 4194
An Ordinance levying a special tax to pay the cost to
.
I
the City of cutting, destroying and removing weeds and other
rank and noxious vegetation pursuant to Ordinance No. 4011
upon certain lots, half lots, tracts and p~rcels of land;
providing for the collection thereof; and repealing ordi-
Island City Code in conflict herewith;
nances or parts of ordinances or provisions in the Grand
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. A special tax is hereby levied for the
cost of cutting, destroying and removing weeds and other
rank and noxious vegetation upon the hereinafter described
lots, half lots, tracts and parcels of land in proportion
to the special benefits to such real estate as determined
and assessed by the City Council, sitting as a board of
equalization after due notice thereof, in the following
I
amounts:
Name
I
.
L. C. & Myrtle Schwanz
~. P. podge Company, a corporation
Ronald.E. Craig
Claude W. & Pat R. Watson
Claude W. ~ Pat R.Watson
Orin E. & ~ernice Beeder
JohnW. ijines
Ward L. ~ Bonnie M. Enck
Ward ~. ~ Bonnie M. Enck
N. P._Do~ge Company, a corporation,
John L. & Helen B. Oberholtz
N. P., Do~ge Company, a corporation,
John L. & Helen B. Oberholtz
John ~. & Helen B. Oberholtz
John ~. ~ Helen B. Oberholtz
Chest~r J. & Agnes J. Gromacki
Chester J. ~ Agnes J. Gromacki
Gordon L. Eyans
Gordon L. Evans
Gordon L. Evans
Gordon ~. Evans
Margie McCormack, Della Parr, Hazelle
Ingram, Gladys B.randt, Benjamin
Cox, Ralph Cox, Chester Cox
E. W. & Donna J. Watts
· Leonar9 /A. & Virginia R. Smydra
v' ~eonard A. ~ Virginia R. Smydra
- 1 -
Lot Block
(University Place)
15 11
15 3
4 10
6 11
8 11
17 3
10 2
2 2
4 2
13 12
15 12
2 22
4 22
2 14
4 14
5 5
7 5
9 5
11 5
4 18
2 15
9 12
11 12
Amount
$21.60
.10.80
10.80
10.80
10.80
10.80
10.80
10.80
10.80
21.60
21.60
10.80
10.80
21.60
21.60
10.80
10.80
10.80
10.80
10.80
21.60
21.60
21.60
ORDINANCE NO. 4194
(Cont'd)
Name
Lot
Block
Amount
.
I
Lillian B. & Teresa J. Mahoney
~illian B. & Teresa J. Mahoney
E.dgar J. Lu~efahr
Alvin Lee_& Marvyl Yvonne Burger
Alvin ~ee & Marvyl Yvonne Burger
Mary O'Neitl, Elizabeth O'Neill,
Hannah Kilgore
6
8
1
14
16
17
17
11
9
9
$10.80
.10.80
10.80
21. 60
21.60
Erhardt Mehrer
Hermine & Erhardt Mehrer
13 17 21.60
(Bogg's and Hill's)
1 11 10.80
(Buenavista Sub)
-13 10.80
14 10.80
(Claussen's Country)
View
Floyd Massey
John Claussen Sons Company,
a co-partnership
john Claussen Sons Company,
a co-partnership
9
5
21.60
10.80
16 5
(College Addition)
to West Lawn
Gordon L. & Mildred L. Evans 12 5 10.80
Gordon ~. & Mildred ~. Evans 14 5 10.80
Wil bert _ G... Bent ley 12 11 10.80
Earl Grimminger 1 5 10.80
(Dill and Huston's)
Adolph T. & Minnie Kroger - 9 6 10.80
I (Hawthorne Place)
Affie Smith 102 10.80
G. L. Evans 104 10.80
G. ~. Evans 105 10.80
G. ~. Evans 106 10.80
(Holcomb's Addition)
Re-sub of Block 4
Grand Island Safe Deposit Company,
a c()rporation, pent Z. Holcomb 1 4 10.80
Grand Island Safe Deposit Company,
a corporation, Dent Z. Holcomb 2 4 10.80
Grand Island Safe Deposit Company,
a corporation, Dent Z. Holcomb 3 4 10.80
Grand Island Safe Deposit Company,
a corporation, Dent Z. Ho mm b 4 4 10.80
(Koehler Sub)
Anna Stacia Supan chick Snoddy 18- 21.60
(Lambert's)
John Burk 5- 18- 10.80
I Alta G. Hatcher 3 18 10.80
Alta G. Hatcher 4 18 10.80
(Meves's First)
. Platte Valley Development Company,
a corporatiqn 19 2 10.80
Platte Valley Development Company,
a corporation 18 2 10.80
D. H. Meves 2 6 10.80
(Parkhill Sub)
Richard H. & June A. Franzen 19 2 " 10.80
- 2 -
ORDINANCE NO.
4194
(Cont'd)
Mable E. Waggener,
a corporation
Mable E.Waggener,
a corporation
Mable E. Waggener,
a corporation
The GEe:' Company,
1 3
The Geer Company,
2 3
The Geer Company,
3
(West
176'
175
3
Lawn)
10.80
10.80
10.80
Irma A. & Harold L. Wise
I William J. Smith
William J. Smith
EJ-z
EJ-z -
10.80
Joy M. & Marietta Beazley
(West Park)
6 7 - 10 .80
7 7 10.80
(Wheeler & Bennett's)
Third
5 79 10.80
(Wheeler & Bennett's)
Second
I
.
Niels E. Nielsen 4 66 10.80
Niels E. Nielsen 5 66 10.80
(Russel Wheeler's)
John E. & Alice Lammert 1 37 21.60
John E. ~ Alice Lammert 2 37 21.60
John E. ~ Alice l.ammert 3 37 21.60
(Wiebe's)
Loren C. & Kathryn L. Roach EJ-z2 - 4 5.40
4\lbert N. Rohweder WJ-zZ 4 5.40
(Windolph's)
Marjorie M. Fitzpatrick E 202' of SJ-zof-12 10.80
Stella Hugo
(Lands)
NW~, NW~, Sec. 22- 10.80
11~9. One tract front-
ing 108' on the East
side of Sycamore Street
and one tract fronting
108' on the West side of
Sycamore Street.
- 3 -
ORDINANCE NO.
4194
(ContJd)
.
I
SECTION 2. Such special tax shall be due and payable
to the City Treasurer thirty days after such levy after
which time such special tax shall be delinquent and draw
interest at the rate of seven per cent per annum and be
subject to the same penalties and collected in the same
manner as other City taxes.
SECTION 3. Such special taxes are hereby certified to
the City Treasurer for collection 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 "street, alley and paving" fund from
which the cost of such improvement was paid.
I
SECTION 6. All ordinances or parts of ordinances or
provisions in the Grand Island City Code in conflict here-
with be, and the same are, hereby repealed.
Enacted this 5 day of April
, 1965.
~
President of the Council
Attest:
cJ:r~
City Clerk
I
.
- 4 -
.
I
I
I
.
AmanD
~/~fLc~
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ORDINANCE NO. 4195
An ordinance to amend part "C. SURVEY, PLANS & DESIGNS DDlISION"
of Ordinance No. 4147 relating to "Complement, Ranges of Compensation of
Certain Classifications of Officers and Employees of the City of Grand
Island, Nebraska"; to create the position of "Surveyor - Party Chief and
Instrument Man"; to fix the number of such employees, hours of work, and
ranges of compensation; and to provide for publication of this ordinance
in pamphlet form to supplement Ordinance No. 4147 published in pamphlet
form.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. Part "C. SURVEY, PLANS & DESIGNS DDlISION" of Ordinance
No. 4147, pertaining to '~omplement, ranges of compensation of certain
classifications of officers and employees" of the City of Grand Island,
Nebraska, be, and the same is hereby amended by adding thereto the following
subclassification, namely:
"10. Surveyor - Party Chief and Instrument Man"; complement-"l";
Work Week - ,;;40 hours"; Salary Range - "$450 - 550 per month."
SECTION 2. The provisions of this ordinance shall be in force and
take effect April 10
, 1965; and, the same shall be published
in pamphlet form as a supplement to Ordinance No. 4147 heretofore published
in pamphlet form.
Enacted this
5
day of April, 1965.
~
President of the Council
ATTEST'
c!-:J~
City Clerk
APP!;aVEV
:.:J:2.
:.. ~~._=._. '~e___.
--
-
-
ORDINANCE NO. 4196
An Ordinance to amend part "D. STREET, ALLEY & PAVING DIVISION"
of Ordinance No. 4147 relating to "Complement, Ranges of Compensation
.
I
of Certain Classifications of Officers and Employees of the City of Grand
Island, Nebraska"; to create the position of "Parking Meter Maintenance
Man"; to fix the number of such employees, hours of work, and ranges of
compensation; to amend part "J. POLICE DIVISION" of Ordinance No. 4147,
to discontinue the position of "8. Meter Maintenance"; and to provide
for publication of this ordinance in pamphlet form to supplement Ordinance
No. 4147 published in pamphlet form.
BE IT ORDAINED BY THE :MAYOR AND CITY COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. Part "D. STREET, ALLEY & PAVING DIVISION" pertaining
to "Complement, Ranges of Compensation of Certain Classifications of
Officers and Employees" of the City of Grand Island, Nebraska, be and
the same is hereby amended by adding thereto the following classification,
I
namely:
"8. Parking Meter Maintenance Man"; complement - "1"; work week -
"40 hours"; salary range -''$300/350 per month".
SECTION 2. Part "J. POLICE DIVISION" of such Ordinance No. 4147 be
and the same is hereby amended by deleting therefrom the following sub-
classification, namely: "8. Meter Maintenance"; complement - "1";
work week - "40 hours"; salary range - "$365/385 per month".
SECTION 3. Subsection "8. Meter Maintenance" of part IfJ. POLICE
DIVISION" of Ordinance No. 4147 be, and hereby is, repealed.
SECTION 4.
The provisions of this ordinance shall be retroactively
April 20
, 1965; and, the same shall be published
effective to
in pamphlet form as a supplement to Ordinance No. 4147 heretofore published
I
.
in pamphlet form.
Enacted this
19th day of April, l~
Presiden of the Council
.. ArJP.~JED
~/ ~--
(%tI=~~
JL~~~
ORDINANCE NO. f.s.197
An Ordinance: pertaining to zoning in the City of Grand Island,
Nebraska; changing the classification from "A-Residence" to "B-Residence"
.
I
of Lots 1, 2, 3, 4, and 6 in Block 9, College Addition to West Lawn in
the City of Grand Island, Hall County, Nebraska; directing that such
change and reclassification be shown on the official zoning map of the
City of Grand Island, Nebraska; and amending Appendix I - Zoning, of the
Grand Island City Code and all ordinances and parts of ordinances in con-
flict herewith.
~REAS, the proposed zoning of such lots was approved by the Planning
Commission on April 12, 1965; and,
WHEREAS, the Board of Education of School District No. 2 in Hall
County, Nebraska, after thirty days notice as required by Section 79-4,151
R.S. Sup. 1963, is deemed to have approved such request for zoning;
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
I
SECTION 1. That the following described real property located in the
City of Grand Island, Hall County, Nebraska, to wit:
Lots 1, 2, 3, 4, and 6 in Block 9, College Addition
to West Lawn, in the City of Grand Island, Nebraska,
be, and the same are, hereby rezoned and reclassified and changed to
"B-Residence" 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 Planning
Commission of the City of Grand Island is hereby accepted, adopted, and
made a part of this ordinance.
SECTION 4. That Appendix I - Zoning, of Grand Island City Code, and
I
.
all ordinances and parts of ordinance in conflict herewith are hereby
amended to reclassify such Lots 1, 2, 3, 4, and 6 in Block 9, College
Addition to West Lawn, 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 30 days in one issue of the
Grand Island Daily Independent.
Enacted this 19th day of April,
1965. ~~
President of the Council
r7~ -
&----c~
\
\
[f""'I"""",,"
Jja"'1'1I
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t.lh<, ........_
, H~,~:=
ORDINANCE NO.
4198
An Ordinance pertaining to zoning; rezoning part of the Southeast
.
I
Quarter (SEt) of Section 24 and part of the Northeast Quarter of Section
25, all in Township Eleven (11) North, Range Ten (10) West of the Sixth
PJ1. in Hall County, Nebraska; changing the classification of such tracts
from "A-Residence District" to "Industrial District"; directing that
changes and reclassifications be shown on the official zoning map of
the City of Grand Island, and, amending the provisions of Ordinances
numbered 3699, 3853, and 4023, to conform to such reclassification.
WHEREAS, a petition was filed with the City Council requesting
that the tracts of land hereinafter specifically described, in such
Southeast Quarter of Section 24 and Northeast Quarter of Section 25, all
in Township Eleven (11) North, Range Ten (10) West of the Sixth P.M.,
now zoned and classified as "A-Residence District" be rezoned and re-
classified as "Industrial District".
I
~REAS, said petition for rezoning was referred to the Planning
Commission and by said Planning Commission approved; and
WHERr~4.S, the Boards of Education of: School District No.1 in Hall
County; School District No. 3 in Hall County; and Northwest High School,
after notice as required by Section 79-4,151, R.S. Supp. 1963, have waived
the petition of notice and have consented to such request for rezoning; and
~REAS, after public hearing on the 26th day of April, 1965, the
City Council found and determined that such request for rezoning should
be granted and the tracts hereinafter described be reclassified as "Industrial
District";
I
.
- 1 -
(Cont'd)
NOW, THEREFORE, BE IT ORDAINED BY MAYOR AND COUNCIL OF THE CITY
ORDINANCE NO.
4198
OF GRAND ISLAND, NEBRASKA:
.
I
SECTION 1. That: The tract of land located in the Northeast Quarter
(NEt) of Section T'wenty-Five (25), Township Eleven (11) North, Range Ten
(10) West of the 6th P.M., Hall County, Nebraska, and more particularly
described as follows:
I
Beginning at a point on the north line of said Northeast Quarter
(NEt); said point also being on the westerly right-of-way line of
U. S. Highway No. 281 and being One Thousand One and Three Tenths
(1,001.3) feet west of the northeast corner of said Northeast Quarter
(NEt); thence running westerly along the north line of said Northeast
Quarter (NEt) a distance of One Thousand Two Hundred Seventy-One and
Four Tenths (1,271.4) feet; thence running, southeasterly along the
arc of a 5,280 foot radius circle (initial tangent of which forms
an interior angle of 900 52' 30" with the section line) to a point
on the south line of said Northeast Quarter (NEt); thence running
easterly along the south line of said Northeast Quarter (NEt) a
distance of Two Hundred Eighty (280.0) feet plus or minus to the
southeast corner of the Southwest Quarter of the Northeast Quarter
(swt NEt); thence running northerly along the east line of said South-
west Quarter of the Northeast Quarter (swt NEt) a distance of One
Thousand Three Hundred Twenty-One and Fifty-Five Hundredths (1,321.55)
feet to the northeast corner of said Southwest Quarter of the North-
east Quarter (ST,vt NEt); thence running easterly along the south line
of the NEt NEt a distance of Eight Hundred Fifteen and Eighty-Five
Hundredths (815.85) feet to a point on the westerly right-of-way
line of U.S. Highway No. 281; thence running northwesterly along
said right-of-way line a distance of One Thousand Four Hundred Twelve
and Five Hundredths (1,412.05) feet to the point of beginning;
The tract of land comprising a part of said Northeast Quarter (NEt)
described as follows:
Beginning at a point on the north line of said Northeast Quarter
(NEt), said point being Two Thousand Two Hundred Seventy-Two and
Seven Tenths (2,272.7) feet west of the Northeast corner of said
Northeast Quarter (NEt); thence running southerly along the arc
of a 5,280 foot radius circle (initial tangent of which forms an
interior angle of 900 52' 30" with the section line) a distance
of 'rwo Hundred Fifty-Five (255.0) feet plus or minus; thence running
northwesterly along the arc of a 5,280 foot radius circle a distance
of T'wo Hundred Sixty-Five (265.0) feet plus or minus to a point
on the north line of said Northeast Quarter (NEt); thence running
easterly along the north line of said NEt a distance of Sixty-Two
(62.0) feet plus or minus to the point of beginning;
And the tract of land comprising a part of the Southeast Quarter (SEt)
I
.
of Section Twenty-Four (24), Township Eleven (11) North, Range Ten (10)
West of the 6th P.M., Hall County, and more particularly described as
follows:
- 2 -
41913
ORDINANCE NO.
(Cont'd)
.
I
Beginning at a point on the south line of said Southeast
Quarter (SEt) said point being Six Hundred (600.0) feet
east of the southwest corner of said Southeast Quarter
(SEt); thence deflecting left 890 18' 50" and running
northerly a distance of One Thousand Three Hundred Eighty-
Seven and Four Tenths (1,387.4) feet to a point on the
southerly right-of-way line of U. P. R. R. Company; thence
running Southwesterly along said right-of-way line a distance
of Five Hundred Thirty-Three (533.0) feet plus or minus; thence
running southeasterly along the arc of a 5,280 foot radius
circle to the left to a point on the south line of said South-
east Quarter (SEt); thence running easterly along the south
line of said Southeast Quarter (SEt) a distance of Three
Hundred Twelve (312.0) feet plus or minus to the point of
beginning;
as shown on the Edwin D. Benjamin and Associates Drawing, April 19,
1965, and as heretofore zoned and classified as "A-Residence District"
by Ordinances numbered 3699, 3853, and 4023 by authority of Section
16_901, Revised Statutes of Nebraska, 1943, Reisae, be, and the same
severally are rezoned and reclassified and changed to "Industrial
District".
SECTION 2. That the official zoning map of the City of Grand Island
I
be, and the same is, hereby ordered changed and amended in accordance
with this ordinance.
SECTION 3. That the Ordinances numbered 3699, 3853, and 4023 be,
and the same hereby are, amended to reclassify the above described tracts,
and each of them, as "Industrial District".
SECTION 4. That this ordinance shall take effect as by law provided,
from and after its passage, and publication within 30 days in one issue
of the Grand Island Daily Independent.
Enacted this 26th day of April, 1965.
~
I
.
-/fAl'rESTJ.:2t ·
/__'..'~
,/ Ci ty Clerk
(/
- 3 -
; r [1""'1,11;[1
~.~
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(: "..;.6.:!1'",."=~"",,
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V
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ORDINANCE NO.
4199
An Ordinance to amend Chapter 15 of the Grand Island City
Code entitled "Garbage, Refuse, Waste, and Weeds" by adding thereto
.
I
a new article numbered "IV" entitled "Litter and Littering", and adding
to such Code a new section numbered 15-50 providing and making it unlawful
to deposit, park, place, permit to remain, store, or leave any motor
vehicle, or parts thereof or portions therefrom, which does not have
affixed thereto a valid, current Nebraska Motor vehicle license, and
which is in a rusted or wrecked or junked or partially dismantled or
inoperative or abandoned condition, whether attended or not; or for
the owners of any such vehicle or the owner or occupant of any property
to allow, permit or suffer the same to be left upon any privately-owned
property unless the same be authorized in conjunction with a business
properly operated pursuant to and in compliance with all applicable
provisions of the Grand Island City Code, or unless such vehicle is
located entirely within an enclosed private or public garage; and to
I
provide the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. That Chapter 15 of the Grand Island City Code, entitled
"Garbage, Refuse, Waste and Weeds" be, and hereby is, amended by adding
thereto a new article numbered "IV" entitled "Litter and Littering",
and adding to such Code a new section numbered 15-50, reading and pro-
viding as follows:
"ARTICLE IV. Litter and Littering"
"Sec. 15-50. Litter and Littering.
I
.
It shall be unlawful to deposit, park, place, permit to
remain, store, or leave any motor vehicle, or parts thereof or
portions therefrom, which does not have affixed thereto a valid,
current Nebraska Motor vehicle license and which is in rusted or
wrecked or junked or partially dismantled, or inoperative or
abandoned condition, whether attended or not; or for the owner of
any such vehicle, or the owner or occupant of any property to allow,
permit, or suffer the same to be left on any privately-owned property
unless the same be authorized in conjunction with a business properly
operated pursuant to and in compliance with all applicable provisions
of the Grand Island City Code, or unless such vehicle is located
entirely within an enclosed private or public garage."
- 1 -
ORDINANCE NO. 4199
(Cont'd)
SECTION 2. That this ordinance shall be in force and take effect
after its passage, and publication within thirty days in one issue of
.
I
the Grand Island Daily Independent, as by law provided.
Enacted this 3- Q~
day of May, 1965.
~Cil
?jTJ ~ /~
( -----
City Clerk
I
----
I
.
- 2 -
.
I
I
I
.
/f1&;' /~
. ~--
"~Jl'__""'<"''''- -..-';
ORDINANCE NO. 4200
An Ordinance to amend part "B. ENGINEERING DIVISION" of Ordinance
No. 4147 relating to "Complement, Ranges of Compensation of Certain
Classifications of Officers and Employees of the City of Grand Island,
Nebraska"; to create the position of "Civil Engineer"; to fix the number
of such employees, hours of work and ranges of compensation; and to provide
for publication of this ordinance in pamphlet form to supplement Ordinance
No. 4147 published in pamphlet form.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. Part "B. ENGINEERING DIVISION" of Ordinance No. 4147,
pertaining to "Complement, Ranges of Compensation of Certain Classifications
of Officers and Employees" of the City of Grand Island, Nebraska, be, and
the same is, hereby amended by adding thereto the following classification,
namely: "2. Civil Engineer"; complement - "1"; salary range -"$550-700:
per month".
SECTION 2. The provisions of this Ordinance shall be in force and
take effect
MA'1/J......
, 1965, and the same shall be published
in pamphlet form as a supplement to Ordinance No. 4147 heretofore published
in pamphlet form.
Enacted this
3rd day of May, 1965. ~
.c. ~eSident 0 the COU~Cil
ATTEST:
~?-~~----
c. Ci ty Clerk
iIf'@dl
"~
" . *I-r:rw,w~
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~;,,!1}J.lJ"Mroc:;;u!Y~
ORDINANCE NO. 4201
An Ordinance pertaining to zoning; rezoning part of the Southeast
.
I
Quarter (SEt) of Section Twenty-eight (28), Township Eleven (11) North,
Range Nine (9) West of the Sixth P.M. in Hall County, Nebraska; changing
the classification of such tract from "A-Residence District" to "B-Business
District"; directing that such change and reclassification be shown on
the official zoning map of the City of Grand Island, and amending the
provisions of Ordinances numbered 3699, 3853, and 4023 to conform to such
reclassification.
WHEREAS, a petition was filed with the City Council requesting that
the tract of land hereinafter specifically described in such Southeast
Quarter of Section 28, Township 11 North, Range 9 West of the 6th P.M.,
now zoned and classified as "A-Residence District" be rezoned and re-
classified as "B-Business District";
WHEREAS, said petition for rezoning was referred to the Planning
Commission and by such Planning Commission recommended to be denied for
the reasons: "a. It is contrary to the General Development Plan for
I
the City, which shows land for public use. b. About 4.3 per cent of
land in the city is now zoned for business, and business sites are available.
Three percent of the land for business is the desirable figure for cities
this size. c. Woodland area is in the Wood River Flood Area. Any
development there could bring about a city wide problem.";
WHEREAS, the Boards of Education of School District No. 1 in Hall
County; School District No. 4 in Hall County, and Northwest High School
in Hall County, after notice as required by Section 79-4,151, R.S. Supp.
1963, are deemed to have failed to make written recommendation within
thirty days;
WHEREAS, the General Development Plan as prepared by Henningson,
I
.
Durham and Richardson, Engineers, as adopted by Resolution of this Council,
dated October 19, 1964, proposes a public or semi-public land use for the
lands requested to be rezoned, and there is no legislative provision for
limiting and restricting the use of lands to public and semi-public use;
- 1 -
APpn rr-~~rr~
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l':;';"'~\'~::,~,~"""",:,,:,,'Z;';!','7~a-Jl:.%',~~
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ORDINANCE NO.
4201
(Cont'd)
NOW, THEREFORE, after public hearing on April 19, 1965, the
City Council finds that: The lands described in the petition for
.
I
rezoning are situated in the Primary Flood Plain with five-year frequency
flood potential, as shown on Plate 3 of U.S. Army Engineer District,
Omaha, December 1964, as attached to Report on Flood Plain Information,
Wood River at Grand Island, Nebraska, issued by such U.S. Army Engineer
District, Omaha, under authority of Section 206, Public Law 86-645;lands
situated immediately east of such lands and separated by Locust Street
highway and within such "Primary Flood Plain" are used for and occupied
substantially by businesses; lands north of the lands under consideration
and west of such Locust Street highway within such "Primary Flood Plain"
are used and occupied by businesses, a private club, and residences;
the use of lands within such "Primary Flood Plain" with five-year frequency
flood potential, for business purposes will be less hazardous to human life
than use for residential purposes; use of lands in such "Primary Flood Plain"
I
for residential purposes or business purposes is not expressly prohibited
by the laws of Nebraska.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF GRAND ISLAND, NEBRASKA:
SECTION 1. That: The tract of land located in the Southeast Quarter
(SEt) of Section Twenty-Eight (28), Township Eleven (11) North, Range Nine
(9) West of the Sixth P.M. in Hall County, Nebraska, and more particularly
described as follows:
I
.
Beginning at a point which is 60.3' North and 56.6' West
of the Southeast corner of Section 28, Township 11 North,
Range 9 West of the 6th P.M., in Hall County, Nebraska, thence
proceeding Westerly along and upon the Northerly right-of-way
line of U.S. Highway 34, a distance of 580'; thence proceeding
Northerly parallel with the East line of said Section 28, a
distance of 210'; thence proceeding Northeasterly a distance
of 595', more or less, to a point which is 788' North of the
South line of said Section 28 and 333' West of the East line
of said Section 28; thence proceeding Northerly parallel to
the East line of said Section 28 a distance of 1,940', more
or less, to the Southerly line of American Legion Addition,
as surveyed, platted and recorded; thence proceeding generally
East along the South line of said American L~on Addition to
the Westerly right-of-way line of South Locust Street (said
line being 33' West of the East line of said Section 28);
thence proceeding Southerly along and upon said Westerly
right-of-way line of South Locust Street to the point of
beginning,
- :2 -
ORDINANCE NO.
4201
(Cont'd)
heretofore zoned and classified as "A-Residence District" by Ordinances
.
I
numbered 3699, 3853, and 4023 by authority of Section 16-901, Revised
Statutes of Nebraska, 1943, Reissue, be, and the same is, rezoned and
reclassitled and changed to "B-Business District".
SECTION 2. That the official zoning map of the City of Grand Island
be, and the same is, hereby ordered changed and amended in accordance
with this Ordinance.
SECTION 3. That the Ordinances numbered 3699, 3853, and 4023 be,
and the same hereby are, amended to reclassify the above described
tracts as "B-Business District".
SECTION 4. That this Ordinance shall take effect, as by law pro-
vided, from and after its passage and publication within thirty days in
one issue of the Grand Island Daily Independent.
Enacted this :s ~day of
.~
~~
Pres~dent of the Counc~l
, 1965.
I
AT;~~
~- ._, City Clerk
I
.
- 3 -
"~~",""."!,;';;.lC,;:f.,;,.,.:...-,,;....,,,~~j
ORDINANCE NO. 4202
An Ordinance amending Article II entitled "Cemetery Lots Generally"
of Chapter 9 entitled "Cemetery" of the Grand Island City Code; to release
.
I
Lots number 11 through )0; 51 through 70; 90 tbvugh 109; and 129 through
148 in Block J of Grand Island City Cemetery from the covenants, regulations,
and restrictions set forth in Part A of Sec. 9-41 of Grand Island City Code;
and to provide the effective date hereof.
~REAS, all owners of lots and plots in the West Half (wi) of Block
(Section) J, an Addition to the Grand Island City Cemetery, have, in writing,
consented that the limitation and restriction to use of flat memorial tablets
set flush with the turf in such West One Half (wi) of Block J may, by action
by the Mayor and City Council of such City amending Sec. 9-41 of the Grand
Island City Code, be released and removed from lots numbered 11 through )0;
51 through 70; 90 through 109; and 129 through 148 in such Block J;
~REAS, the West Half of Lot 1)6, the Southwest Quarter of Lot 102;
and the Northeast Quarter of Lot 59 in such Block J were conveyed prior to
I
December 4, 196), and therefore not limited or restricted by such Sec. 9-41
of the Grand Island City Code;
WHEREAS, the area of the West One Half of such Block J is in excess
of the anticipated demand for lots restricted to flat memorial tablets;
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND,
NEBRASKA:
SECTION 1. That Sec. 9-41 of Article II of Chapter 9 of the Grand
Island City Code be, and hereby is, amended to read as follows:
"Sec. 9-41. Regulations and Restrictions Governing a Part of Block
(Section) J, an Addition to the Grand Island City Cemetery.
I
.
A. Lots 167 through 186, 206 through 225, 245 through 264, 28)
through )02, and )2) through )42, of Block (Section) J, an Addition
to the Grand Island City Cemetery, shall be, and continue to be,
limited to the use of flat memorial tablets pet flush with the turf.
Said markers shall be limited to materials made of bronze or granite
or a combination of bronze on granite. The size for the markers coming
within the provisions of this section shall be as follows:
1. For graves of infants and children when the deceased was five
years of age and under, a rectangular marker ten inches by twenty
inches may be used.
2. For the graves of persons six years of age and over, a
rectangular marker twelve inches by twenty-four inches.
). For family markers or companion markers of bronze, granite,
or bronze on granite, there shall be a limitation in size to an overall
length of fourteen inches by thirty-six inches.
.. 1 -
ORDINANCE NO.
4202
(Cont'd)
4. The wash or base on said memorial tablets shall be a
minimum of five inches.
.
I
All of said memorial tablets as above set out shall be set
in conformance with the rules and regulations promulgated by the
sexton of the Grand Island City Cemetery.
B. That the above regulations and restrictions set out in
Paragraph A of this section shall run with the land. The certificate
of ownership as described in Chapter 9, Article II, Sec. 9-30 of this
Chapter shall state as follows:
-That said purchase is made in reliance upon the conditions and
covenants found in Chapter 9, Article II, Sec. 9-41 of the Grand
Island City Code'."
SECTION 2. That Lots numbered 11 through 30, 51 through 70, 90
through 109, and 129 through 148 in such Block Jcr the Grand Island City
Cemetery be, and hereby are, released from and freed of the limitation and
restriction to the use of flat memorial tablets set flush with the turf as
heretofore imposed by Ordinance No. 4082 adding such Sec. 9-41 to the Grand
Island City Code.
SECTION 3. That nothing herein contained shall be construed as
abrogating, discontinuing, modifying, removing, releasing, or waiving the
I
limitation and restriction to use of "flat memorial tablets" imposed upon
Lots numbered 167 through 186, 206 through 225, 245 through 264, 283 through
302, and 323 through 342 of Block J in such Grand Island City Cemetery.
SECTION 4. That Sec. 9-41 of the Grand Island City Code, as heretofore
existing, be, and hereby is, repealed.
SECTION 5. That this ordinance shall be in force and take effect from
and after its passage and publication within thirty days in one issue of
the Grand Island Daily Independent.
Enacted this
/7
day of May, 1965.
c9~~
President of the Council
I
.
f~
Cityc61erk
- 2 -
APPROVED
~~~
....= - :~,:.,' ""~
4203
~~'i.:.'.'~;l.1...,.~.<.;..",~._~......
ORDINANCE NO.
An Ordinance pertaining to zoning an area beyond the corporate
boundaries of the City of Grand Island, Nebraska, namely: Rezoning a tract
of land in the Northwest Quarter of the Southwest Quarter (NWtswt) of Section
.
I
Twenty-Seven (27), Township Eleven (11) North, Range Nine (9) West of the
6th P.M. in Hall County, Nebraska; changing the classification of said
tract from "A-Residence" district to "Industrial"; directing that such change
and reclassification be shown on the official zoning map of the City of
Grand Island; and amending the provisions of Ord~nances No. 3699, 3853, and
4023 to conform to such reclassifications.
WHEREAS, a petition has been filed with the City Council requesting
the rezoning of the tract located in the Northwest Quarter of the South-
west Quarter (NWtSWt) of Sec. 27, T 11 N, R 9 W 6th P.M.;
WHEREAS, the proposed rezoning of such tract was approved by the Planning
Commission on April 12, 1965; and by the Board of Education of School District
No. 28 on April 28, 1965; and by the Board of Education of Northwest High
I
School on May 6, 1965; and
WHEREAS, after public hearing on the 17th day of May, 1965, the City
Council found and determined that such request for rezoning should be granted
and such tract hereinafter described be rezoned as "Industrial" district.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. That the tract of real property located in the NWt of the swt
of Sec. 27, T 11 N, R 9 W 6th P.M., Hall County, Nebraska, and more particularly
described as being the south three hundred twenty-four (324) feet of the west
six hundred sixty (660) feet of said Northwest Quarter of the Southwest Quarter,
heretofore zoned and classified as "A-Residence" district by Ordinances 3699,
3853 and 4023, by authority of Sec. 16-901, Revised Statutes of Nebraska 1943,
Reissue, be, and the same is, hereby rezoned and reclassified and changed to
I
.
"Industrial" district.
SECTION 2. That the official zoning map of the City of Grand Island
be, and the same is, hereby ordered changed and amended in accordance with
this Ordinance.
- 1 -
.
I
I
I
.
ORDINANCE NO.
420J
(Cant 'd)
SECTION 3. That Ordinances No. 3699, 3853, and 4023, be, and
the same are, hereby amended to reclassify the above described tract
of land as "Industrial".
SECTION 4. That this Ordinance shall take effect, as by law provided,
from and after its passage and publication within thirty days in one issue
of the Grand Island Daily Independent.
Enacted this
J1
May
, 1965.
day of
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._~y .' -' $:' .-, ,- . '-......~ .
President of the Council
ATTEST:
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- 2 -
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I
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I
.
ORDINANCE NO.) 4204
(Cont'd)
NOW, THEREFORE, after public hearings on May 31, 1965, and June 14,
1965, the City Council finds that the strip of land hereinafter specifically
described, is most suitable for business uses;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASK.A.:
SECTION 1. That the tracts of land in the Southwest Quarter of the
Northwest Quarter (SWtNWt) and in the West Half of the Southwest Quarter
(wiswt) of Section Twenty-Two (22), Township Eleven (11) North, Range Nine
(9) West of the Sixth (6th) P.M., and more particularly described as follows:
The West 297' of Lot 14 in Vantine Subdivision in the City
of Grand Island, Nebraska;
A tract commencing at the southwest corner of Lot 14 in Vantine
Subdivision in the City of Grand Island, Nebraska, running thence
south 99' along the east line of Locust Street in such City; thence
running east on a line parallel to the south line of such Lot 14 in
Vantine Subdivision a distance of 297'; thence running north on a line
parallel to the east line of such Locust Street a distance of 99';
thence running west along the south line of such Lot 14 a distance of
297' to the point of beginning;
A tract of land in the West Half of the Southwest Quarter of
such Section 22, more particularly described as: Beginning at a
point 33' east and 33' north from the southwest corner of such Sec.
22; thence running north on a line parallel to and 33' east from the
west line of such Sec. 22 to the north line of the swt of said Sec.
22; thence running east on the north line of said swt for a distance
of 327'; thence running south parallel to and 360' east from the west
line of said Sec. 22 to a point 240' north from the south line of
said Sec. 22ffor a distance of 127'; thence running south parallel
to and 233' east from the west line of said Sec. 22 for a distance
of 207'; thence running west parallel to and 33' north from the
south line of said Sec. 22 for a distance of 200' to the point of
beginning;
heretofore zoned and classified as "A-Residence" district by Ordinances
numbered 3699, 3853, and 4023 by authority of Section 16-901, Revised
Statutes of Nebraska, 1943, Reissue, be, and the same are, rezoned and
reclassified and changed to "B-Business" district.
SECTION 2. That the official zoning map of the City of Grand Island
be, and the same is, hereby ordered changed and amended in accordance with
this Ordinance.
SECTION 3. That the Ordinances numbered 3699, 3853, and 4023 be, and
the same hereby are, amended to reclassify the above described strip of land
as "B-Business" district.
SECTION 4. That this Ordinance shall take effect, as by law provided,
from and after its passage and publication within thirty days in one issue
of the Grand Island Daily Independent.,y O...f. ~ ...
Enacted this / ~l da~-....:.' 1965.
President of the Council
A~~ ·
. city Clerk
~. APPf,CIED
"~~p-=~
",,"M,,-~~
~~-~
ORDINANCE NO. 4204
An Ordinance pertaining to zoning; rezoning part of the West One
Half (wi) of Section Twenty-two (22), Township Eleven (11) North, Range
.
I
Nine (9) West of the Sixth P.M., in Hall County, Nebraska; changing the
classification of such area from "A-Residence District" to "B-Business
District"; directing that such change and reclassification be shown on
the official zoning map of the City of Grand Island, and amending the
provisions of Ordinances numbered 3699, 3853, and 4023 to conform to such
reclassification.
WHEREAS, the immediate and projected commercial development in such
area is producing multiple requests for rezoning from A-Residence class-
ification to B-Business classification of property abutting upon the east
line of Locust Street, a principal highway, along the line between Sections
21 and 22 in Township 11 North, Range 9 West of the Sixth P.M.;
WHEREAS, the General Development Plan as prepared by Henningson,
Durham and Richardson, Engineers, as adopted by resolution of this Council,
dated October 19, 1964, proposes a general commercial land use of the strip
I
of lands hereinafter specifically described;
WHEREAS, the Planning Commission, at the request of this Council,
has reviewed its previous consideration of such General Development Plan
and has made recommendation that the strip hereinafter specifically described
is suitable for reclassification under such General Development Plan from
A-Residence classification to B-Business classification;
WffiEREAS, the Board of Education of School District No. 1 in Hall
and the Board of Education of The School District of Grand Islal
County, Nebraska,jafter notice as required by Section 79-4,151, R.S. Supp.
1963, llive waived time of notice and consented to such rezoning;
WffiEREAS, noticES of public hearing)3 on May 31 and June 14
, 1965,
I
.
on such change in zoning classification has been published by the City
Clerk in the Grand Island Daily Independent one tim~more than ten days
prior to such hearing date, and notice has been posted in conspicuous places
on or near the strip proposed to be rezoned;
- 1. -
JiiD
.~. :::
ORDINANCE NO. 4205
An Ordinance pertaining to zoning certain areas beyond the corporate
boundaries of the City of Grand Island, Nebraska, namely: Rezoning three
.
I
hereinafter specified tracts of land in the West Half of Section Twenty-Seven
(27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in
Hall County, Nebraska; changing the classification of two such tracts
from "A-Residence" district to "B-Business" district, and the third such
tract from "A-Residence"district to "Industrial" district; directing that
such changes and reclassifications be shown on the official zoning map of
the City of Grand Island; and amending the provisions of Ordinances numbered
3699, 3853, and 4023 to conform to such reclassifications.
~REAS, the immediate and projected commercial development in such
area is producing multiple requests for rezoning from A-Residence classifi-
cation to B-Business classification of property abutting upon the east line
west
of Locust Street, a principal highway, along the/line of Section 27 in
Township 11 North, Range 9 West of the Sixth P.M.;
I
~REAS, the General Development Plan, as prepared by Henningson, Durham
and Richardson, Engineers, as adopted by Resolution of this Council, dated
October 19, 1964, recognizes the zoning classifications for land use herein-
after established for the specific areas hereinafter described;
~REAS, the proposed rezoning of such tracts was approved by the
Planning Commission on May 10, 1965;
WHEREAS, the Boards of Education of School Districts No. 1 and No. 28
in Hall County, Nebraska, and of Northwest High School, after notice as
required by Section 79-4,151, R.S. SUppa 1963, have waived time of notice
and consented to such rezoning;
WHEREAS, notices of public hearings on May 31, 1965, and on June 14,
1965, on such change in zoning classifications, have been published by
I
.
the City Clerk in the Grand Island Daily Independent one time, more than
ten days prior to such hearing dates, and notices have been posted in
conspicuous places on and near the strips proposed to be rezoned;
WHEREAS, said lands were heretofore zoned and classified as "A-Residence"
district by Ordinances numbered 3699, 3853, and 4023 by authority of Section
16-901, Revised Statutes of Nebraska, 1943, Reissue;
- 1 -
ORDINANCE NO.
4-205
(Cont'd)
NOW, THEREFORE, after final public hearing on June 14, 1965, the
City Council finds that the areas hereinafter specifically described
should be rezoned to substantially conform With the General Development
.
I
Plan,
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. That the tract of land in the West Half of Section
Twenty-Seven (27), Township Eleven (11) North, Range Nine (9) West
of the 6th P.M., and more particularly described as follows:
The north three hundred thirty-three (333) feet of the west six
hundred ninety-three (693) feet of the Northwest Quarter of said
Section Twenty-seven (27),
be, and the same is, rezoned and reclassified and changed to "B-Business"
district.
SECTION 2. That a tract of land in the West Half of Section Twenty-
Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th
P.M., and more particularly described as follows:
I
Beginning at a point thirty-three (33) feet east and one thousand
nine hundred fifteen (1,915) feet south from the northwest corner
of said Section Twenty-seven (27), said point also being the
southwest corner of Mil-Nic Addition in the City of Grand Island,
Nebraska, thence running east on the south line of Mil-Nic Addition
for a distance of three hundred sixty-one and five tenths (361.5)
feet; thence running south parallel to and three hundred ninety-four
and five tenths (394.5) feet east from the west line of said Section
Twenty-seven (27) to the south line of said Northwest Quarter (NWt);
thence running west on the south line of said Northwest Quarter (NWt)
for a distance of three hundred sixty-one and five tenths (361.5) feet;
thence running north parallel to and thirty-three (33) feet east from
the west line of said Section Twenty-seven (27) to the point of
beginning,
be, and the same is, rezoned and reclassified and changed to "B-Business"
district.
SECTION 3. That a tract of land in the West Half of the Southwest
Quarter (Wiswt) of Section Twenty-seven, Township Eleven (11) North,
Range Nine (9) West of the 6th P.M., and more particularly described as
I
.
being the west eight hundred ninety-seven feet of the Southwest Quarter
(swt) of said Section Twenty-seven (27), be, and the same is, rezoned and
reclassified and changed to "Industrial" district.
SECTION 4. That the official zoning map of the City of Grand Island
be, and the same is, hereby ordered changed and amended in accordance with
this Ordinance.
- 2 -
ORDINANCE NO. 4205
(Cont'd)
SECTION 5. That the Ordinances numbered 3699, 3853, and 4023, be,
and the same hereby are, amended to reclassify the above described
tracts as separately provided in Sections 1, 2, and 3 of this Ordinance.
.
I
SECTION 6. That this Ordinance shall take effect, as by law provided,
from and after its passage, and publication within thirty days in one
issue of the Grand Island Daily Independent.
Enacted this
/.,L
day of June, 1965.
~
President of the Council
Atttt~~ -
, I~
~ ' City Clerk
.. .,.,. ,.. .-..~~
I
I
.
- 3 -
4206
ORDINANCE NO.
(Cont'd)
.
I
"Before any permit, authorized by express resolution of the City
Council to erect a sign or signs in or upon any sidewalk, alley,
public ground, or street area, may be issued, the applicant shall
file in the office of the city clerk a bond, executed by a qualified
surety company licensed to do business in the state of Nebraska,
conditioned among other things to indemnify the City of Grand Island
against any law suit brought, or judgments obtained, against such
City or any of its officials, or employees, and hold the same harmless
from any costs or expenses occasioned by any injury or casualty
happening to any person, persons, or property, real or personal,
either directly or indirectly, through or resulting from the main-
tenance or keeping in position of such sign; further conditioned
that each such sign shall at all times be maintained in safe condition
and good repair; and further conditioned to assure the removal of
each such sign for which a sign permit has been issued without cost
to the City of Grand Island within thirty days after expiration of
the permit to erect and maintain every such sign; Provided, the
minimum sum of such bond shall be $10,000.00 ,
and further, provided, the City Council may require a bond in greater
sum if in its judgment the nature, number, or location of such sign
or signs warrants the added protection; and
I
Further provided, the bonds hereinbefore required, need not be
furnished when the applicant is covered by public liability insurance
in the minimum amount of $15,000 and $25,000, and property damage
insurance in the minimum amount of $5,000, provided that such insurance
policy shall fully protect the City of Grand Island and shall indemnify
and save it harmless from any and all suits, exactions, executions and
liabilities as to personal injuries or property damages in any way
connected with or growing out of the erection or maintenance of said
sign or signs, and the copy of such insurance policy shall be approved
by the City Attorney and the City Council and filed with the City Clerk
before any permit is issued; and, whenever any insurance policy is
cancelled or for any reason ceases to be in full force and effect the
applicant shall forthwith furnish a new insurance policy conditioned
as hereinbefore provided for, or shall furnish a surety bond as herein-
before provided for, or shall forthwith remove such sign or signs and
failure to so remove shall subject the owner to mandatory injunction
through court action by the City of Grand Island."
SECTION 4. No permit issued upon express resolution of the City Council
and pursuant to Chapter 30 of the Grand Island City Code shall have any
force or effect as a grant of use or occupancy under Article VII of Chapter
31 of the Grand Island City Code.
SECTION 5. Sections 30-4, 30-16, and 30-17 of Chapter 30 of the
Grand Island City Code as heretofore existing, be, and the same are,
hereby repealed.
SECTION 6. The provisions of this ordinance shall become effective as
I
.
to permits heretofore issued pursuant to Chapter 30 of the Grand Island City
Code upon the expiration of one year from the date of issuance thereof, or
the anniversary date thereof, whichever is the later.
SECTION 7. That this ordinance shall take effect, as by law provided,
from and after its passage, and publication within thirty days in one issue
of the Grand Island Daily Independent.
Enacted this
//L
,
da~
President of the Council
Attesc;f1? /~~, ~
Glty er
ORDINANCE NO.
4206
(Cont'd)
SECTION 2. That Sec. 30-16 entitled, '~isleading, obscene, etc.
signs; signs on fire escapes" of Chapter 30 entitled "Signs" of Grand
Island City Code be, and hereby is, amended to read as follows:
.
I
"Sec. 30-16. Unlawful signs.
"It shall be unlawful to display any sign which contains
anything which is misleading, fraudulent, obscene, immoral, or
objectionable.
"It shall be unlawful to erect or maintain any sign upon any
fire escape.
"It shall be unlawful for any person, persons, firm, or
corporation to erect, maintain, or continue any sign, or to cause
the same to be done, upon any portion of any sidewalk, street, alley,
or public place, or within the limits thereof, except as may be
required or provided for by law of the State of Nebraska, without
express consent by resolution of the City Council of the City of
Grand Island.
"It shall be the duty of the chief building inspector to remove
and dispose of signs erected, maintained, or kept in place, in
violation of the provisions of Chapter 30 of the Grand Island City
Code."
SECTION 3. That Sec. 30-17 entitled "Business, etc., signs on
sidewalks, etc." of Chapter 30 entitled "Signs" of Grand Island City Code
be, and hereby is, amended to read as follows:
I
"Sec. 30-17. Business signs in streets, sidewalks, alleys, or
public grounds.
"Signs, when authorized by express resolution of the City
Council, erected in the sidewalk, alley, public ground, or street
areas within the City, shall be constructed with either a single
or double post as follows:
'~en a single metal post is used, such post shall be perpendicular
for at least eight feet in height from the sidewalk or ground level
and not less than two inches by two inches in size or more than twelve
inches by twelve inches in size. When a double metal post is used,
such post shall not be less than two inches by two inches in size,
nor more than ten inches by ten inches in size. When double metal
posts are used, the same shall be placed at least thirty inches apart
(clear span) up to a height of e~t feet from the sidewalk or ground
level, and the two posts shall not both angle in the same direction.
I
.
"All signs authorized by the provisions of this section shall be
well anchored and without guy wires or braces below eight feet above
the sidewalk or ground level. The use of grille work between the side-
walk or ground level and eight feet above the sidewalk or ground
level on any sign is prohibited. The lowest part of any sign shall
be at least eight feet above the sidewalk or ground level. The base
of any sign herein authorized or any ornamental plantings for the
same shall not exceed sixteen inches above the sidewalk or ground
level.
"No sign authorized by this section shall be greater than thirty
feet in height from the sidewalk or ground level, and no part of any
such sign shall extend beyond a perpendicular line twenty-four inches
back of any curb or alley line. All signs herein authorized shall
pertain to the business conducted on the property adjacent to such
sign, and shall be restricted to that area enclosed by extending such
property lines to the curb line. No such signs shall be constructed so
as to be a hazard to the public or to adjacent property. Businesses
shall be restricted to one sign pertaining thereto, except a second
sign may be permitted on a side street for a business located on a
corner. No such sign shall hereafter be erected within twenty feet
of the property line at any street intersection.
- 2 -
APPI;OVEO
(Jrf"7[:
4206
ORDINANCE NO.
An Ordinance to amend Chapter 30 of Grand Island City Code entitled,
"Signs"; to harmonize such Chapter 30, "Signs" with Article VII of Chapter
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31 of such City Code; to prohibit the erection or placing of signs in
streets, alleys and public grounds in the City of Grand Island without
express consent by resolution of the City Council; fixing the fees for,
and the term of permits for signs, and providing for renewal thereof;
to amend Sections 30-4, 30-16, and 30-17 of such Chapter 30; to repeal
such Sections 30-4, 30-16, and 30-17, as heretofore existing; and to
provide the effective date hereof.
BE IT ORDAJ:.m:.D BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA.:
SECTION 1. That Sec. 30-4, entitled "Permit to erect, remove, etc."
of Chapter 30, entitled "Signs", of Grand Island City Code, be, and hereby
is, amended to read as follows:
"Sec. 30-4. Permit to erect, move or remove sign.
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"In addition to requlrlng a licensed, bonded sign hanger,
a permit shall be obtained from the chief building inspector
for each sign erected, moved, or removed, in the City, Provided, no
permit to erect a sign or signs of any kind or sort within the
limits of any street, sidewalk, alley, or public ground, may, or
shall be, issued without the express consent by resolution of the
City Council.
"The fee for issuing each such permit for erecting, moving,
or removing any sign within the City shall be:
(a) Signs costing not more than $100 installed -- $1.50;
(b) Signs costing more than $100 installed -- $1.50 for the
first $100 and ten cents additional for each additional
$100 of cost, or fraction thereof, installed.
"Before issuing a permit for erection of any sign, a drawing
shall be submitted to the chief building inspector showing total
height, width, elevation, and electrical detail of such sign.
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"The issuance of a sign permit, as provided for in this section,
with express consent of the City Council, shall entitle the permittee
to maintain or keep in position the sign or signs designated in such
permit until January first of the next succeeding calendar year.
"All sign permits issued pursuant to this section~ prior to July
1, 1965, shall expire and terminate on December 31 , 196d5,
and only be renewable thereafter for twelve month periods, after
application as provided in this section and with the express consent
by resolution of the City Council."
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Ordinance No. 4207
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as amendea by
An Ordinance: Amending Ordinance No. 4016,
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Ordinances numbered 4045, 4056, and 4146; fixing the ranges of
compensation (salaries and wages) of officers and employees of
the Utility Departments of the City of Grand Island; fixing the
date such ranges of compensation shall become effective; pro-
viding for pti-blication of this ordinance in pamphlet form; and,
repealing of parts and provisions of such ordinances numbered
4016, 4045, 4056 and 4146 in conflict her~with.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. That part of Ordinance No. 4016, as amended
by Section I of Ordinance No. 4045, Section I of Ordinance No.
4056 and Section I of Ordinance No. 4~46; fixing the ranges of
compensation (salaries and wages) of classifications of officers
and employees of the Utility Departments of the City of Grand
Island, Nebraska, be, and the same is, hereby amended to read
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and provide as follows:
I'SECTION 1. That the officers and employees of the Util-
ities Departments of the City of Grand Island, Nebraska, be
organized and classified as hereinafter provided; and that
their salaries shall not exceed the amounts set out and that
the normal hours per week each officer and employee is expec-
ted to work is:
WORK
WEEK
SALARY
1. DeQartment of_gtilities Administration
Commissioner of Public Utilities No Limit
$ 1,340.00 per
mo.
Assistant to Commissioner of
Public Utilitie~ No Limit
731.00 per mo.
2. Enqineeri~~ and Maintenance Division
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1. Chief Engineer
2. Superintendent
3. Electrician
4. Electricians Helper
5. Mechanics
6. Draftsman
No Limit
40 hrs.
40 hrs.
40 hrs.
40 hrs.
40 hrs.
$ 10,444.00 per~.
653.00 perrro.
505.50 per mC4
460-480.50 permo.
434.00 per mC4
356-376.00 per mo.
3. po~~_rl~rri_QiYisiQ~
Superintendent of Production
Assistant Supt. of Production
No Limit
No Limi t
625-712.00 per mo.
600-684.00 per mo.
ORDINjtNCE NO. 4207
WORK
WEEK
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Ein~.2tf.~~i~:taiiQ!l
1. Operators-Regular
2. Firemen-Regular
3. Plant Mechanics
4. Boiler Maint. & Feed Water
5. Helpers-Regular
6. Helpers-Temporary
~-1h..J2.~rdick2tatiQQ
1. Operators-Regular
2. Operators-Apprentic~
3. Helpers-Regular '
4. Helpers-Temporary
5. Janitor
40 hrs.
40 hrs.
40 hrs.
40 hrs.
40 hrs.
40 hrs.
40 hrs.
40 hrs.
40 hrs.
40 hrs.
40 hrs.
4. ~lectric_Di?tr~buti~Q~ivisiQ!l
1.
Line Section
a~-Superrrrtendent
b. Line Foreman
c. Crew Supervisors
d. Apprentice Linemen:
o through 6 months
7 through 12 months
13 through 18 months
e. 3rcl.Class Linemen:
19 through 24 months
25 through 30 months
31 through 36 months
f. 2nd Class Linemen:
37 through 48 months
g. 1st Class Linemen:
Eligible only after 48 months
employment and then only if
recommended to fill an open-
ing for a 1st. Class Lineman.
40 hrs.
driver 40 hrs.
40 hrs.
40 hrs.
40 hr s .
40 hrs.
40 hrs.
40 hrs.
40 hrs.
40 hrs.
40 hrs.
40 hrs.
40 hrs.
40 firs.
40 hrs.
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h.
Groundman & truck
Groundman
Helpers
Helpers-Temporary
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k.
2.
Electric Meter and Service Section
a. Foreman -& Meter Supervrso~---
40 hrs.
b. Linemen-Servicemen 40 hrs.
5. YYat~~ivisioQ
1. Foreman
2. Service & Meter Repairmen
3. Servicemen
4. Helpers
5. Helpers - Temporary
40 hrs.
40 hrs.
40 hrs.
40 hrs.
40 hrs.
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6. 8<imini2.tllii.Y~ Divis~on
1. Office Administrator 40 hrs.
2. Chief Accountant 40 hrs.
3. Staff Accountants:
a. In charge of Accts. Pay-
able, etc. 40 hrs.
b. Supervisor of Stores
& purchasing 40 hrs.
c. Storeroom Clerk 40 hrs.
4. Chief Clerks:
a. Head Cashier 40 hrs.
b. Payroll Clerk 40 hrs.
c. Recap Clerk 40 hrs.
d. Typist, Cashier, Accountant
(Combined) 40 hrs.
SALARY
482.50 per mo.
455.50 per mo.
509.50 per mo.
509.50 per mo.
323-378.00 per mo.
250.00 per mo.
482.50 per mo.
355-482.50 per mo.
323-378.00 per mo.
250.00 per mo.
365.00 per mo.
644.22 per mo.
563.98 per mo.
529.76 per mo.
373.74 per mo.
386.78 per mo.
399.82 per mo.
412.86 per mo.
425.96 per mo.
439.00 per mo.
452.86 per mo.
508.41 per mo.
374.22 per mo.
365.54 per mo.
326.27 per mo.
250.00 per mo.
562.92 per mo.
529.76 per mo.
563.00 per mo.
396.00 per mo.
367.50 per mo.
326.50 per mo.
250.00 per mo.
400-543.50 per mo.
335-435.00 per mo.
330-402.00 per mo.
461.00 per mo.
450.50 per mo.
237-312.00 per mo.
237-312.00 per mo.
237-312.00 per mo.
237-312.00 per mo.
Ordinance No._4207_ (Cont'd)
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5. General Clerks::
a. Billing Clerks 40 hrs. 225-300.00 per mo.
b. Machine Operators 40 hrs. 225-300.00 per mo.
c. Cashie,rs 40 hrs. 225-300.00 per mo.
6. Meter Reading Supervisor 40 hrs. 379.00 per mo.
7. Meter Readers 40 hrs. 310-368.50 per mo.
8. Switchboard & Receptionist 40 hrs. 200-275.00 per mo.
9. Helpers 40 hrs. 200-275.00 per mo.
SECTION 2. That Section 1 of Ordinance No. 4146 and all
other ordinances and parts of ordinances in conflict herewith
be, and the same hereby are, repealed on the final passage
of this ordinance.
SECTION 3. That this ordinance shall take effect commenc-
ing July 1, 1965.
SECTION 4. That this ordinance is, and is hereby directed
to, be published in pamphlet form and distributed as directed
by the President of the Council
Enacted this_____~_day Of~~ -1965.
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President of the vouncil
Attest:
#lty
Clerk
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f;PPRDVEO
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~Z~Ti~.~5t..
llD..a.......-+-',:....""'."'-_,.__"'.;...,,~_._~,~
ORDINANCE NO.
4208
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An Ordinances Pertaining to zoning in the City of Grand Island,
Nebraska; changing the classification from "A-Residence" to "B-Residence"
of Lots IJ, 14, 15, 16, 17, and 18 in Block One in Second AddiUon to
Holcomb's Highway Homes in the City of Grand Island, Hall County, Nebraska;
directing that such change and reclassification be shown on the official
zoning map of the City of Grand Island, Nebraska; and amending Appendix I _
Zoning, of the Grand Island City Code, and all ordinances and parts of
ordinances in conflict herewith.
Wff8REAS, the proposed zoning of such lots was approved by the Planning
Commission on May 24, 1965; and
WHEREAS, the Board of Education of School District No. 2 in Hall
County, Nebraska, after notice as required by Section 79-4,151, R.S. Supp.
196J, has consented to such rezoning; and
WHEREAS, after public hearing on June 14, 1965, the City Council
found and determined that the zoning request be approved and granted;
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKAs
SECTION 1. That the following described real property located in the
City of Grand Island, Hall County, Nebraska, to wit:
Lots IJ, 14, 15, 16, 17 and 18 in Block One in Second
Addition to Holcomb's Highway Homes, in the City of Grand
Island, Nebraska,
be, and the same are, hereby rezoned and reclassified and changed to
''B-Residence'' 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 J. That the finding and recommendation of the 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 Appendix I - Zoning, of Grand Island City Code,
and all ordinances and parts of ordinances in conflict herewith are hereby
amended to reclassify such Lots IJ, 14, 15, 16, 17 and 18 in Block One in
Second Addition to Holcomb's Highway Homes, 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 thirty days in one issue of
the Grand Island Daily Independent.
Enacted this . yf -- day of - :r:.j~ \1:>?
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President of the Council
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f1led fOf record.
Page 9'/..3
July 18th. 1966 at 11: 58 A M,.in .BoOlH.15 of Miscellaneous
Rose Ann Jacobsen . Register of Deed~ Hall Gounty;Nebraska APPROVED
ROS8 Ann Jacobsen By 7f?~'~Ad~.f) f!!?.. ~--U;.~'!-e ~
:-~puty 12E;.Z.,1? .~
4209 ----
ORDINANCE NO.
An Ordinance: Accepting Pleasant View Sixth Addition to the City
of Grand Island; extending the boundaries to include within the corporate
limits and annex to such City the part of Pleasant View Drive described
and shown in the survey and plat of such Addition as located in the
Northeast Quarter of Section Twenty-Two, Township Eleven North, Range
Nine West of the Sixth P.M., Hall County, Nebraska.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND,
NEBRASKA:
SECTION 1. The plat of "Pleasant View Sixth Addition to the City
of Grand Island" is approved and accepted by the Mayor and Council of
the City of Grand Island.
SECTION 2. The boundaries of the City of Grand Island, Nebraska,
be, and hereby are, extended to include within the corporate limits the
lands described in the survey, plat, and dedication of "Pleasant View
Sixth Addition to the City of Grand Island", and said lands, lots, tracts,
streets, and highways are hereby annexed to the City of Grand Island,
Hall County, Nebraska.
SECTION 3. The said plat of such Pleasant View Sixth Addition to
the City of Grand Island shall be filed and recorded in the office of the
Register of Deeds of Hall County, Nebraska.
SECTION 4. This Ordinance shall be in force and take effect, as
by law provided, from and after its passage, and publication within thirty
days in one issue of the Grand Island Daily Independent.
Enacted this
/'2-
J-~~7 ' 1965.
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President of the Council
day of
ATTEST:
11 ~~ .... -
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(.> City Clerk
APnOVED
rJJ1iZ;:
~_i'JLVlL~':'~-'/I:.,.-~,.:,....,_
ORDINANCE NO.
4210
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An ordinance levying taxes in the City of Grand Island, Nebraska,
for the fiscal year commencing on the first day of August, 1965, and
ending on the 31st day of July, 1966; and, providing for the collection
thereof.
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BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. That there is hereby levied a tax of twenty mills on
the dollar upon the assessed value of all the taxable property in the
City of Grand Island, Nebraska, except intangible property, for all
municipal purposes in lieu of the multiple levies now authorized by
the several statutes, for the fiscal year commencing on the first day
of August, 1965, and ending on the thirty-first day of July, 1966, and
the same shall be collected/tRe manner provided by law.
SECTION 2. That there is hereby levied and imposed upon all male
residents of the City of Grand Island, Nebraska, between the ages of
twenty-one and fifty years, except such as are by law exempt, the tax provided
by Sec. 16-710, Revised Statutes of Nebraska, Reissue of 1962, upon
failure to labor or commute as therein required.
SECTION 3. That there is hereby levied and imposed upon every
male and female resident of Grand Island, Nebraska, who is twenty-one
years of age or older, but has not yet attained the age of sixty years,
is sane, and is not a public charge as a poor person or recipient of
blind assistance, and who is not otherwise exempted by law, a sum equal
to one-third of the three and one-half dollars tax imposed by Sec.
77-1611, Revised Statutes, Supplement of Nebraska 1963.
SECTION 4. The City Clerk in 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 and the same shall be collected
in the manner provided by law.
SECTION 5. Should any part of this Ordinance be held invalid by a court
of competent jurisdiction, the remaining parts shall be severable and shall
continue to be in full force and effect.
SECTION 6. This Ordinance shall be in force and take effect from
and after its passage, approval and publication as provided by law.
Enacted by the City Council on this /;2J day of July, 1965.
Signed this /~ day of July, 1965.
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ATTEST:
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City Clerk
A~PRQ~En
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ORDINANCE NO. 421JL
An ordinance to amend Appendix I - Zoning of the Grand Island City
Code by adding thereto a new section numbered "Sec. 14", entitled ''Mobile
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Home Park District"; to provide a zoning classification of ''Mobile Home
Park District"; to amend Section 1 entitled "Definitions" of Appendix I -
Zoning; and, to provide the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. That Appendix I - Zoning of Grad Island City Code be,
and hereby is, amended to provide a classification to be known as ''Mobile
Home Park District" to be incorporated in such Appendix I - Zoning as
"Sec. 14. Mobile Home Park District" as follows:
"Sec. 14. Mobile Home Park District.
"This zone is intended to permit use of land for mobile home
parks when such mobile home park is authorized and licensed by
the City of Grand Island for the parking and occupancy of "mobile
homes~, together with any use permitted in A-Residence District
classification.
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"Space Limits. Mobile homes may be parked in a ''Mobile Home Park"
in compliance with the minimum standards of other ordinances or
provisions of the Code of the City of Grand Island for licensing
mobile home parks.
'.'Procedure. ''Mobile Home Park District" classification shall be
considered as a separate and distinct zoning classification and
may be created out of any other district zone in the same manner
in which zoning map changes are made under the provisions of the
statutes of Nebraska and Appendix I - Zoning of the Grand Island
City Code, by ordinance, after notice and public hearing.
"Off Street Parking. Off Street parking shall be provided for
each and every mobile home park district established hereunder."
SECTION 2. That Sec. 1. Definitions, of Appendix I - Zoning, of
Grand Island City Code, be, and hereby is, amended to define the term
''Mobile Home Park" as follows: "Any plot of ground licensed as such by
the city upon which one or more mobile homes occupied for dwelling or
sleeping purposes are located. It shall include and have the same
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meaning as "trailer court" or "mobile home court"."
SECTION 3. That this ordinance shall be in force and tae effect
from and after its passage and publication in thirty days in one issue
in the Grand Island Daily Independent as by law provided.
2b <lay of J"~~1965'
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President of the Council
Enacted this
ATTES~ J-~
~ City Clerk
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ORDINANCE NO. 4212
An ordinance to amend Chapter 8 of the Grand Island City Code,
entitled "Buildings", by adding thereto a new Article numbered VI,
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entitled "Abatement by Removal or Repair"; to provide for closing,
non-occupancy, removing, destruction, repairing, or alteration of unsafe,
unhealthful, delapidated, non-occupied, and abandoned buildings and
structures of every kind as nuisances; to provide for notices and public
hearings; to provide for petitions to the courts for injunctions for abating
such nuisances; amending Section 8-2 entitled "Same - Certain sections, etc.,
not adopted" of Grand Island City Code pertaining to the Modern Standard
Building Code; to provide severability and rights or remedies saving
clauses; to repeal the adoption of Sections 107.02, 107.0+: and 107.05
of the Modern Standard Building Code, 1959 Edition, by such City; and to
provide the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. That Chapter 8 of Grand Island City Code, entitled
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"Buildings" be, and hereby is, amended to provide for closing, non-occupancy,
removing, destruction, repairing, or alteration of unsafe, unhealthful,
delapidated, non-occupied and abandoned buildings and structures of every
kind as nuisances, by adding and incorporating therein as Article VI, entitled
"Abatement by Removal or Repair", Sections 8-65 through 8-71, providing as
follows:
"Article VI. Abatement by Removal or Repair"
"Sec. 8-65. Condemnation of Unsafe Buildings.
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"Any building or other structure, or any appurtenance,
appliance or apparatus in, upon, or about such building or other
structure, or non-occupied or abandoned building or structure,
found either in whole or in part to be structurally unsafe, delap-
idated, defective, unhealthful, insufficient, or unsafe for the
purpose for which it is used, or detrimental to the community for
any cause, shall be made safe and secure by the owner, agent, lessee,
or occupant of such building or other structure within the time set
forth in written notice from the chief building inspector, Where
immediate action is deemed necessary to protect life or property,
the chief building inspector may direct such building, structure,
or portion thereof, to be vacated forthwith, closed and not used
or occupied, until repaired or altered as may be required by the
city council."
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ORDINANCE NO.
4212
(Cont'd)
"Sec. 8-66. Report; Filing;: Effect.
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"Before he issues an order to make safe and secure, the
chief building inspector shall obtain a written report from a
licensed architect, a licensed engineer, or a building contractor,
stating the condition of the building and reason why such building
should be ordered tOfA~~dWoccupied, closed, condemned, or
destroyed, and shal~ file/report, together with his written report,
directed to the city council, with the city clerk, stating: The
nature and character of such building, structure, appurtenance,
appliance, or apparatus; its street number; the number and description
of the lot or tract of land upon which it is situated; the name(s)
of the owner(s), lessee(s), occupant(s), or mortgagee of record;
and to which cause the present condition is attributable. Thereafter,
no building permit for the building or structure, upon which such
report has been filed, may be issued, except with the consent and
approval of the city council."
"Sec. 8-67. City Council; Hearings: Notices.
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"Upon receipt of the written report from the chief building
inspector, the city clerk shall set a hearing date, which shall be
the date of the second council meeting following the date upon which
the said report is received, and shall fix the time and place at which
the owner, lessee, occupant, or mortgagee of record of such building,
may appear before the city council and show cause why such building
shall not be condemned as a nuisance. The city clerk shall immediately
notify, or cause to be notified, the owner, lessee, occupant, or
mortgagee of record, of such building, in writing, that said hearing
has been set before the city council, stating therein the date, time,
and place, and that the owner, lessee, occupant, or mortgagee of
record may appear before the city council and show cause why the City
of Grand Island shall not condemn such building as a nuisance. Said
notice shall be given not less than ten days prior to the hearing, provided
that whenever the owner, lessee, occupant, or mortgagee of record of such
building is a non-resident of the City of Grand Island, or cannot be
found there~n, then the city clerk shall publish, in the Grand Island
Daily Independent, at Grand Island, Nebraska, such notice, for two
consecutive days, the last publication to be at least one week prior
to the date set for the hearing, provided, a copy of such published
notice shall be mailed by United States mail, to each such owner, lessee,
occupant, or mortgagee of record, whose name and address are known to
the city clerk, within five days after the publication of such notice.
Service for every such notice shall be checked by the city attorney as
to legal sufficiency. If, for any reason, the service of notice shall
be determined to be insufficient, illegal, or defective, then such hearing
shall be continued by the city clerk for a period not to exceed the date
of the second council meeting from the date of such determination, and
the city clerk shall promptly cause proper notice to be given to those
not properly notified, provided, notice of the date to which such hearing
has been continued may be given by mail to those already properly notified."
"Sec. 8-68. Hearing: Evidence: Decision.
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"Upon the date fixed for hearing and for which proper notice
has been given a,;Lherein provided, the city council shall hear all
objections made by the owner, lessee, occupant, or mortgagee of
record of such building or other structure, as well as evidence sub-
mitted by the chief building inspector or other persons interested.
All testimony shall be given under oath, and the president of the council
is authorized to administer the necessary oath. If, after consideration
of all the evidence produced, the city council shall find that such
building or other structure is a nuisance, it shall by resolution order
and direct the owner of the building or other structure, to have the
building or other structure altered, repaired, or demolished within
the limits of time stated in such resolution."
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ORDINANCE NO. 4212 (Cont'd)
"Sec. 8-69. Order: Effect.
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"After such building, or other structure, has been declared a
nuisance and ordered to be altered, repaired, or demolished by the
city council, it shall be unlawful to begin to use and/or occupy
and/or to continue to use, and/or occupy the same. The chief building
inspector or his authorized agent shall place upon such building or
structure a placard setting forth that such building or structure has
been condemned and declared unsafe for use and/or occupancy of same
is prohibited by resolution of the city council."
"Sec. 8-70. Court: Petition to:
"Should the owner refuse or neglect to promptly comply with the
order of the city council to alter, repair, or demolish such building
or structure condemned as a nuisance, within the time limits fixed
in the resolution of the council, the city attorney shall file a
petition on behalf of the City of Grand Island, Nebraska, in the
District Court of Hall County for a decree of injunction commanding
the removal of such building or other structure as a public nuisance."
"Sec. 8-71. Standards for Repair, Vacation, or DemolitfuQn.
"The following standards shall be observed or followed on
ordering repair, vacation, or demolition:
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(a) If the building, structure, or portion thereof, can
reasonably be repaired so that it will no longer exist in
violation of the terms of such Chapter 8 entitled "Buildings"
of the Grand Island City Code, including applicable parts of
the Modern Standard Building Code, 1959 Edition, it shall be
ordered repaired.
(b) If such building, structure, or part thereof, is in
such condition as to make it dangerous to the health, life,
morals, safety, or general welfare of its occupants, it
shall be ordered to be vacated.
(c) In any case, where a building, structure, or portion
thereof, is fifty per cent damaged or decayed, or deteriorated
from its original value or structure, it shall be demolished,
and in all cases where a building cannot be rep?ired so that
it will no longer exist in violation of the terms of such
Chapter 8 of the Grand Island City Code, including applicable
parts of the Modern Standard Building Code, 1959 Edition, it
shall be demolished. In all cases where a building, structure,
or portion thereof, is a fire hazard existing or erected in
violation of the terms of such Chapter 8 of the Grand Island
City Code, or any ordinance of the City of Grand Island, or
statute of the State of Nebraska, it shall be demolished."
SECTION 2. That Section 8-2, entitled "Same - Certain sections, etc.,
not adopted" of Chapter 8 entitled "Buildings" of the Grand Island City
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Code, be, and hereby is, amended to read and provide as follows:
"Sec. 8-2. Building Code: Provisions in Effect.
"It is especially provided that: Chapter 104 entitled Board of
Adjustments and Appeals; Sections 107.02, 107.04 and 107.05 of
Chapter 107 entitled Unsafe Buildings; Section 108.08 of Chapter 108
entitled Plan-Checking Fees; Section 109.06 of Chapter 109 entitled
Certification of Plans and Specifications; Chapter 111 entitled Violations
and Penalties; Chapter 301 entitled Fire District; Chapter 302 entitled
General Requirements and Restrictions; Chapter 303 entitled Restrictions
in Fire Zone No.1; Chapter 304 entitled ResUictions in Fire Zone No.
2; and Chapter 714 entitled Lathing and Plastering, of the Modern
Standard Building Code adopted pursuant to Section 8-1, are not adopted
or approved, and the same shall be of no force and effect...
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ORDINANCE NO.
4212
(Cont'd)
SECTION 3. That all rights or remedies are expressly saved as
to any and all violations of such Chapter 107 of the Modern Standard
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Building Code, 1959 Edition, as adopted by Chapter 8 of the Grand Island
City Code, that have accrued at the time of the effective date of this
ordinance.
SECTION 4. That Section 8-2 of the Grand Island City Code, as
heretofore existing, be, and hereby is, repealed.
SECTION 5. If any section, subsection, sentence, clause, or phrase
of this ordinance is, for any reason, held to be invalid, such holding
shall not affect the validity of the remaining portion or portions of
this ordinance, or such Article VI of Chapter 8 of the Grand Island City
Code, as hereinbefore enacted.
SECTION 6. That this ordinance shall be in force and take effect
from and after its passage and publication within thirty days in one
Enacted this
2~
Independent as by law provided.
day of ~ ~'r ' 1965.
~
President of the Council
issue of the Grand Island Daily
I
ATT~S.T: ...1. .~. .
~P./ .
/ .
f'
City Clerk
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. Filed for record
Page Y/ j/ _
July 18th, 1966 at 11:58 A M, InBoo~ H,15,of. Miscellaneous ,
Rose Ann Jacobsen . .... Register of Deeds, Hall OQunty, Nebraska
ROSI Ann Jacobsell BY~~ ~. ~~
/" Deputy
. ,
ORDINANCE No. 4213
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 lands, lots, tracts, streets, and road-
ways in the East Half of Section Twenty-Eight (28), Township Eleven (11)
North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska; and to
provide for service benefits thereto.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND,
NEBRASKA:
SECTION 1. That the boundaries of the City of Grand Island, Nebraska,
be, and hereby are, extended to include within the corporate limits of such
City the adjacent lands, lots, tracts, street, and roadways, the same being
contiguous or adjacent lands which are urban and suburban in character
located in the East Half of Section Twenty-Eight (28), Towns.hip Eleven (11)
North, Range Nine (9) West of the 6th P.M., in Hall County, Nebraska, and
more particularly described as follows:
Beginning at a point on the west line of said Riverside Acres
Addition and being Seven Hundred Forty-Five and Four Tenths (745.4)
feet south of the North Quarter (Nt) corner of said Section Twenty-
Eight (28); also being Two Hundred Ten (210.0) feet south of the
northwest corner of said Riverside Acres Addition; thence running
south along the west line of said East One Half (Et) Section Twenty-
Eight (28) a distance of Two Thousand Four Hundred Eighty-Two and
Six Tenths (2,482.6) feet to the southwest corner of Riverside Acres
Addition; thence deflecting left 106010' and running northeasterly
along the southerly line of Riverside Acres Addition a distance of
Eight Hundred (800.0) feet; thence deflecting left 300 00' and
running northeasterly along the southerly line of Riverside Acres
Addition a distance of Two Hundred Twenty-Nine (229.0) feet; thence
deflecting right 90 22' and running northeasterly along the southerly
line of Riverside Acres Addition a distance of Four Hundred Sixty and
Fifteen Hundredths (460.15) feet to the southeast corner of Riverside
Acres Addition; thence running east perpendicular to the east line of
Riverside Acres Addition a distance of Thirty-Three (33.0) feet; thence
running north on a line parallel to and Thirty-Thre (33.0) feet east
of the east line of Riverside Acres Addition a distance of One Hundred
Fifty (150.0) feet, to the east prolongation of the south line of
Stagecoach Road in said Riverside Acres Addition; thence running west
on the east prolongation of said Stagecoach Road for a distance of
Thirty-Three (33.0) feet to the east line of said Riverside Acres
Addition; thence running southwesterly on the southerly line of said
Stagecoach Road for a distance of Eight Hundred Ninety-Two and Seventy-
Five Hundredths (892.75) feet to the south prolongation of the west line
of Cottonwood Road in said Riverside Acres Addition; thence running north
on the said south prolongation of the west line of Cottonwood Road and on
the west line of Cottonwood Road for a distance of Two Thousand Eighty-
Eight and Seven Hundredths (2,088.07) feet to the south line of Grand
Avenue in said Riverside Acres Addition; thence running west on the
south line of said Grand Avenue for a distance of Five Hundred Thirty
(530.0) feet to the point of beginning.
- 1 -
..
ORDINANCE NO. 4213 (cont'd)
SECTION 2. That a certified copy of this ordinance shall be
filed for record in the office of the Register of Deeds of Hall County,
.
I
Nebraska.
SECTION 3. Each and all of said lands, lots, tracts, streets,
and roadways are hereby annexed to the City of Grand Island, Hall
County, Nebraska.
SECTION 4. That upon the taking effect of this ordinance the police,
fire, and snow removal services of the City of Grand Island, Nebraska,
shall include and be extended to the lands, lots, tracts, streets, and
roadways hereinbefore annexed.
SECTION 5. That this ordinance is enacted under authority and in
reliance upon Section 16-106, Revised Statutes of Nebraska 1943, 1963
Cumulative Supplement.
SECTION 6. This ordinance shall be in force and take effect from
and after its passage, approval, and publication within thirty days in
I
one issue of the Grand Island Daily Independent, as by law provided.
Enacted this
eI"~ I
;2,~
day
of ?JM'l
~#-~
President of the Council
, 1965.
ATTEST:
,- ...
f>:j ;)'--Y h"'\...A-~-l--/. .
/ / Ci ty Clerk
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1//0
;JJfEG~
ORDINANCE NO. 4214
An ordinance creating Sanitary Sewer District No. 352 in the City
of Grand Island, Nebraska; defining the boundaries of the district;
.
I
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 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. 352 of the City of Grand
Island, Nebraska, is hereby created for laying of sanitary sewer mains.
SECTION 2. Such sanitary sewer district shall include the following
lots and parcels of ground, to wit:
I
Beginning at the southeasterly corner of Holcomb street and
Chanticleer Street; thence running west on the south line of
Holcomb Street to Riverside Drive; thence running south on the
east line of Riverside Drive to Cochin Street; thence running
southeasterly on the northeasterly line of Cochin street to
the easterly line of Lot Seven (7), Block Three (3); thence
running northerly on the easterly line of said Lot Seven (7)
to the southerly most corner of Lot Twenty-three (23), Block
Three (3); thence running northeasterly on the southeasterly
line of said Lot Twenty-three (23) and its northeasterly pro-
longation to the northeasterly line of Brahma Street; thence
running southeasterly on the northeasterly line of said Brahma
Street to the southerly line of Lot Eight (8), Block One (1);
thence running easterly on the southerly line of said Lot
Eight (8) and on the southerly line of Lot Fourteen (14), Block
One (1) and its prolongation to the east line of Chanticleer
Street; thence running north on the east line of Chanticleer
Street to the point of beginning; said description includes
Lots One (1) to Eight (8) inclusive, and Lots Fourteen (14) to
Eighteen (18) inclusive, in Block One (1); Lots One (1) to
Thirteen (13) inclusive, in Block Two (2); Lots One (1) to
Seven (7) inclusive, and Lots Twenty-three (23) and Twenty-
four (24), in Block Three (3), all being in "Second Addition
to Holcomb's Highway Homes Subdivision", an Addition to the
City of Grand Island, Nebraska.
SECTION 3. Said improvements shall be made in accordance with plans
and specifications prepared by the engineer for the City, who shall estimate
I
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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.
- 1 -
ORDINANCE NO.
4214
(Cont'd)
SECTION 4. The cost of construction of such improvements shall be
assessed against the property abutting upon the street, avenue, alley,
.
I
part thereof, easement, or other right of way within which such sanitary
sewer main has been so placed 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 in accordance with Section 16-669, R.R.S.
1943; 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 assessment 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
I
and after its passage, approval, and publication within thirty days in
one issue of the Grand Island Daily Independent.
Enacted this 26th day of July, 1965.
~..~
,--, ,""")
ex officio Mayor
ATTEST:
:j
~
/F
/' J
.{ '"
j-'--", . ,.
'/}.;~-<
City Clerk
;>
I
.
- 2 -
P;:J
ORDINANCE NO. 4215
An ordinance creating Sanitary Sewer District No. 353 in the
City of Grand Island, Nebraska; defining the boundaries of the district;
.
I
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 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. 353 of the City of Grand
Island, Nebraska, is hereby created for iliaying of sanitary sewer mains.
SECTION 2. Such sanitary sewer district shall include the following
lots and parcels of ground, to wit:
I
Beginning at the northeast corner of Lot Thirteen (13), Block
One (1); thence running west on the north line of Lots Thirteen
(13) and Nine (9) in said Block One (1), and a west prolongation
of said Lot Nine (9) to the westerly line of Brahma Street; thence
running northwesterly on the westerly line of Brahma Street to the
most northerly corner of Lot Twenty-two (22), Block Three (3);
thence running southwesterly on the northwesterly line of said Lot
Twenty-two (22) to the most westerly corner of said Lot Twenty-two
(22); thence running southerly on the westerly line of Lot Eight
(8), Block Three (3) to the southwesterly corner of said Lot Eight
(8); thence running southeasterly on the northeasterly line of
Cochin Street to Wyandotte Street; thence running northeasterly
on the northwesterly line of said Wyandotte Street to the south-
easterly corner of said Block Three (3); thence running east on
the north line of said Wyandotte Street to the east line of
Chanticleer Street; thence running north on the east line of said
Chanticleer Street to its intersection with the easterly prolong-
ation of the north line of Lot Thirteen (13), Block One (1);
thence running west to the point of beginning; said description
includes Lots Nine (9), Ten (10), Eleven (11), Twelve (12), and
.Thirteen (13), Block One (1); and Lots Eight (8) to Twenty-two
(22) inclusive, Block Three (3), all being in "Second Addition
to Holcomb's Highway Homes Subdivision~, an addition to the City
of Grand Island, Nebraska.
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
I
.
of the same, bids for the construction of such sanitary sewer shall be taken
and contracts entered into in the manner provided by law.
- 1 -
ORDINANCE NO. 4215
(Cont'd)
SECTION 4. The cost of construction of such improvements shall be
assessed against the property abutting upon the street, avenue, alley,
.
I
part thereof, easement, or other right of way within which such sanitary
sewer main has been so placed 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 in accordance with Section 16-669, R.R.S. 194J;
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
assessment 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 within thirty days in
I
one issue of the Grand Island Daily Independent.
Enacted this 26th day of July, 1965.
....,
ex officio Mayor
ATTEST:
i';:<)
/'
..,.J-" ,
;; ./~" -~4- ~', .' ,.
~ "-
City Clerk
-,,'"
I
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- 2 -
.
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.
ORDINANCE NO. 4216
An ordinance classifying the officers and employeest except
in the Electric and Water Utilities Departments~ of the City of
Grand Island~ Nebraska; fixing the complement and ranges of comp-
ensation of officers and employees and the date such ranges of
compensation shall become effective; fixing the hours of work time
certain officers and employees shall work each week; providing for
quarterly payments to policemen~ Airport area policemen-firemen~
meter maids~ and City firefighters for clothing allowance; repealing
Section 1 of Ordinance 4l47~ and all other ordinances and parts
of ordinances in conflict with this ordinance except ordinances
pertaining to the Utilities Departments of such City; and providing
for publication of this ordinance in pamphlet form.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND
ISLAND ~ NEBRASKA:
SECTION 1. The classifications of officers and employees~
except in the Electric and Water Utilities Departments~ of the City
of Grand Island, Nebraska, and the complement (number of employees)
and ranges of compensation (salary and wages) to be paid for such
classifications, and the number of hours which certain such officers
and employees shall work each week, are as follows:
SALARY ORDINANCE
STEPS
i I ; ,
CLASS TITLE ~ RanlZe' A B C D E F' Number Hours
Administrative - CitylTreasq r-erVs Offiel i
I ,
Junior Clerk 'I 9 243 255 268 281 295 310 1 40
Senior Clerk I 14 274 289 302 317 333 350 1 40
Treasurer 35 458 481 505 530 557 584 1 Unlimited
City lerkvs Offi< e
Junior Clerk 9 243 255 268 281 295 310 1 40
Deputy Clerk 14 274 289 302 317 333 350 1 40
City Clerk 39 505 .530 557 584 613 644 1 Unlimited
Citv.. t torne vVs 0 rfice
C1erk..Typist 1 200 210 220 231 243 255 1 40
Stenographer 14 274 289 302 317 333 350 1 tf.Q
ss't City Attorney ! -- 417 500 583 670 1 Unlimited
City Attorney -- 10,000 1 83 1/3 / mo.
Plus $15.00 per hour
over 83 1/3 hours.
Maximum $18,000.
! I
A
- 1 -
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ORDINANCE NO. 4216
ClASS TITLE ; Ranf;e i A ~i B C
Ci ty ~1anag;erl~ s Office
i ; 1
Clerk-Typist 9 1243 I 255 268
Stenographer 14 I 274 I!, 289 302
Administrative Ass~t 39 1505 530 557
Ci ty Manager I
j I
bivis'!on
I
Survey Instrument Han 26 368 i 386 405
Clerk-Typist 9 243 I 255 268
Assessing Draftsman 13 268! 281 295
Clerk-Inspector 12 :262 i 274 289
Draftsman-Inspector 26 1368 386 405
Surveyor~s Helper 9 243 255 268
Survey Party Chief 34 447 469 I 493
Chief Draftsman 34 447 469 493
Civil Engineer 43 557 584 613
City Engr. & St. Comm. I 63 906 I 952
Stree & All
D
281
317
584
I
Parking Meter Maint.'1 16 289
Laborers 9 Temp. I
Laborers 9 Regular I 11 1255
Pub. 'Vlorks Maint. Men 13 1268
Equipment Operator 14 1274
Heavy Equip. Operator 16 289
Foreman 20 \317
Superintendent 37 1481
Cit
302 . 317 j 333
$1.35 per hour
268 1 281 I 295
281 . 295 I 310
289 302 317
302 317 333
333 I~ 35,0 368
505 530 557
Clerk
Mechanics
302
368
Cit
AssOt Custodian
Custodian
(Less $50 housing)
5 220
16 289
!
j
I
231 1 243 1255
302 i 317 333
,
(Contod)
295
333
613
447
295
325
317
447
295
543
543
677
1102
350
310
325
333
350
386
584
317
386
268
350
Storm Sanit er & Lift ,Ctation lAI Di
I 13 268 231 j 295 310 325
1 19 310 325 I 341 359 377
Cit P rks & Groun s Di~ision l
I
Operators,
General Foreman
Park Watchman
Laborers9'Temp. I
Laborers 9' Regular 11
Pub. ~vorks i:laint. Men" 13
Foreman ' I 16
Park Superintendent 37
Cit
Labor 9 Temporary
· $1 .00 per hour
Cit
Director
Musicians
$20 per meeting
$1 to $5 per meeting
I !
- 2 -
E
310
350
644
139 000
F !Nj'ber I
! I
! I
1 I
1 I
1
1
Hours
40
LK)
Unlimited
Unlimited
469 1 40'
310 1 40
341 1, 40
333 11 I 4040
469
310 1 40
570 1 40
570 1 40.
710 1 Unlimited
1157 1 Unlimited
368
325
341
350
368
405
613
333
405
281
368
sion
341
396
325
341
368
613
1 40
40
5 40
5 40
2 40
5 40
3 40
1 Unlimited
1 40
J 40
1
1
40
43
$1.00 per houri J ~onths
$1.35 per houri 6 months
255 268; 281 i 295 I 310
268 281 i 295 i 310 325
289 302 I 317 1333 350
'81 505' 530 ,; 557 584
del' Park I I
I ,
4
1
40
40
3 1400
20
1 40
4 40
1 40
1 Unlimited
1000
ORDINANCE NO.' 4216 (Contqd)
;
CLASS TITLE A B C D E F INumber Hours
) I
J 001 D'visio I
"
1
. I
,
S~dmming Instructors /' ;
$20 month extra 3 months
Lifeguards $165/ mo. 3 months 8
I Head Lifeguard $240/ mo. 3 months 1
Bath House Matrons $210~ mo. 3 months 2
Assistant Manager 13 268 281 295 310 325 341 1
Hanager 16 j 289 I 302 1 317 \ 333 350 368 1
Parks - ReCl'eatio1 Division I
Laborers? Temp. $1.00 per hour 300
Softball Dir'9 Assqt. I $150/ mo. 1 2 mos.
Softball Director J $2001 mo. 1 3 mos.
1-1inor League Supervis r $1501 season 14 Season
Little Bigger League ..uperv'sor $100 - $130/ mos. - 3 mos. 2 3 mos.
Little League Supervi or $100/ mo. - 3 mos. 2 3 mos.
Park Supervisor $155/ mo. - 2 mos. 7 2 mos.
Playground Supervisor $235/ mo. - 2} mos. 1 2t mos.
Recreation Director $370/ mo. - 4 mos. 1 4 mos.
I
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Clerk-Typist
Custodian
Patrolmen
Truck Driver-Laborer
Mechanic-Driver
Pub. Works Naint. Nan
Manager
9 243
10 249
13 268
12 262
14 274
14 274
37 431
255
262
281
274
289
289
505
Police De a tment
Heter" Haids
Animal Warden
Patrolmen
Sergeants
Lieutenants
Captains
Chief
6 225
17 ,295
20N
23
26
33
39
237 249
310 J 325
365 375
405
458 481
530 557
l
I
i
I
Fire Dl
Firefighter
Lieutenants
Captains
AssqtChief
Chief
I
IBr'I
l 350
21
24
I 30
. 37
cemete~
Laborers? Seasonal I $1.3
Laborers III 255 268
Pub. \:lorks Naint. Nan ! 13 268 i 281
Sexton I 35 458 481
I
(Less $106 for housing & u ilit. es)
I
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Buildi i Per its
425
505
268 281
274 289
295 310
289 302
302 317
302 317
530 557
262
341
385
396
425
505
584
355 365
377
405
447 469
530 557
per our
281 295
295 310
505 530
295
302
325
317
333
333
584
274
359
395
415
447
530
613
375
396
425
493
584
310
325
557
,ction Di visi n
J
Deputy Inspector I 22
Chief Bldg. Inspector ! 37
I
I
333
481
I
350
505
368
530
- 3 -
386
557
405
584
386
415
4L~7
517
613
325
341
584
425
613
310
317
341
333
350
350
613
289
377
405
436
469
557
644
3
1
22
4
2
5
1
1
1
2
3
1
1
1
20
40
40
40
40
40
Unlimited
40
40
40
40
40
40
Unlimited
33
3
6
3
1
60
60
60
60
Unlimited
n
o
40
40
40
Unlimited
3
1
1
2
1
40
Unlimited
ORDINANCE NO. 4216 (Cont'd)
JRan e I
CLASS TITLE l B C D E J F Number Hours
.-\.
Heal tt De a- ment
. Stenographer 14 274 289 I 302 317 333 350 1 40
Laboratory Technician 15 281 295 310 325 341 359 1 40
I Dir. of Laboratory 34 447 469 493 517 543 570 1 40
Public Health Nurse 22 333 350 368 386 405 425 2 40
General Sanitarian 16 289 302 317 333 350 368 1 40
Bilk Sanitarian 16 239 302 317 333 350 368 1 40
Food Semi tarian 21 325 341 359 377 396 415 1 40
Physician 17 295 310 325 341 359 377 1 40
Dir. of Environmental
Health 39 505 530 557 584 613 644 1 Unlimited
(Thes scal s are total salar"es wh her paid by C' ty, Cou ltyor Stat~
<'tate)
Sani t tion and Lanafil1 ivisi n
Receptionist-Sec'y 14 27/-!- 289 . 302 317 333 350 1 40
Truck Drivers-Laborer~ 12 262 274 209 302 317 333 10 40
Sanitary Landfill Opex.l 21 325 341 359 377 396 415 1 48
San. Landfill Helper 6 225 237 249 262 274 289 1 40
Sewa
Laboratory Technician 19 . 310 325 341 359 377 396 1 i 40
Laborers 11 255 268 281 295 310 325 3 40
I Truck Dri v.ers 12 262 274 289 302 317 333 1 40
Chief Operator 18 302 317 333 350 368 336 1 40
Operators 17 295 310 325 341 359 377 4 40
Foreman ~ M~intenance 17 295 310 325 341 359 377 1 40
Superintendent 39 505 530 557 534 613 644 1 Unlimited
, t I
- - -------"'
SECTION 2. All full time regular policemen and policewomen (meter
maids) and Airport policemen shall be paid the sum of $20.00 permonth~
to be paid quarterly~ for clothing and uniform allowance~ which shall be
in addition to the regular salary to which such employees are entitled.
,
The Fire Chief and the Assistant Fire Chiefs shall be paid the
. sum of $20.00 per month~ and~ all other full time regular firemen shall
be paid the sum of $15.00 per month~ to be paid quarterly, for clothing
and uniform allowance, "rhich shall be in addition to the regular salary
.to which such employees are entitled.
I
.
If any such firefighter, policeman or policewoman shall resign,
or his or her emplo~aent be terminated for any reason whatsoever, he
or she shall be paid clothing allowance on a pro-rata basis~ but no
.allowance shall be made for the same for a fraction of a month.
SECTION 3. The validity of any section, subsection, sentence,
clause, or phrase of this ordinance shall not affect the validity or
enforceability of any other section~ subsection, sentence, clause,
or phrase thereof.
- 4 -
ORDINANCE NO.
4216
(Contact)
SECTION 4. Section 1 of Ordinance No. 4147? and all other
ordinances and parts of ordinances in conflict herewith except
ordinances pertaining to the Utilities Departments~ be~ and the
.
I
same hereby are~ repealed upon the final passage of this ordinance,
effective at Midnight, July 31, 1965.
SECTION 5. This ordinance shall take effect on the First day
of August? 1965~ and i$ hereby directed to be published in pamphlet
form and distributed as directed by the President of the Council.
Enacted this 26th day of July, 1965.
~
President of the Council
and ex officio Mayor
ATTEST~
,k)]- 7b~~rP~"'--
.1'// ' City Clerk
I
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.
- 5 -
I (\
Y1i
ORDINANCE NO. h217
Being the Annual Appropriation Ordinance of the City of Grand Island,
Nebraska, allocating as required by Section 19-1310, R.R.S. 1943, to the
.
I
several departments of such City, the all-purpose and exclusive annual levy
of twenty mills as levied for the ensuing fiscal year commencing on the
first day of August, 1965, and ending on the thirty-first day of July, 1966.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND,
NEBRASKA:
SECTION 1. That the total mill levy of 0.429 mills which will raise
$19,345.00 is hereby appropriated for the ensuing fiscal year for the
General Fund.
(a) Manager's Office
To nay the salaries of the City Manager, Administrative
Assistant, office assistants, and office supplies and
expenses, $35,244.00
(b) Mayor and Council
To pay the salaries of the Mayor, three Councilmen and
one Councilwoman, $1,100.00
I
(c) Treasurer's Office
To pay the salaries of the City Treasurer, office assistants,
and office supplies and expenses, $21,049.00
(d) Clerk's Office
To pay the salaries of the City Clerk, Deputy Clerk, office
assistants, and office supplies and expenses, $24,398.00
(e) Attorney's Office
To pay the salaries of the City Attorney, Assistant City
Attorney, office assistants, and office supplies and expenses,
$37,994.00
(f) Planning Commission Division
To pay for the cost of office equipment and supplies, and
for clerical assistance, $1,000.00
(g) Building Inspector Division
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To pay the salaries for the Building Inspector, Deputy Inspector,
office clerks, and for office supplies, equipment, and other
expenses, $20,874.00
(h) Engineering Division
To pay the salaries for the Engineer, Civil Engineer, draftsman,
inspectors, and other assistants, for office supplies, equipment, and
other operating expenses, $65,788.00
- ]; -
ORDINANCE NO. 4217
(Cont t d)
(i) Health Division
.
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To pay the salaries of physician, sanitarians, nurses, Lab.
Director, technicians, and other assistants, for office supplies,
and operating expenses, $38,159.00
(j) City Hall Division
To pay the salaries of custodian, extra helpers, supplies,
repairs, alterations, and general maintenance expenses,
$35,154.00
(k) Civil Service Division
To pay for office supplies and expenses and membership fees,
$360.00
(1) Incidentals & Miscellaneous
To pay County Treasurer for tax collection fees, election
expenses, and all other incidental and miscellaneous expenses not
otherwise classified or provided for, and to provide a reasonable
reserve for emergencies, $31,637.00
That the sum of $45,000.00, being the unexpended balance in said
General Fund is hereby reappropriated for the ensuing fiscal year.
That the estimated receipts in the sum of $248,412.00 from the building
I
inspection fee; Health Department fees for food, trailer camps, and other
inspections; amount received from Light Department in lieu of taxes; sale
of lots and tracts of land, street and curb occupation rentals; retail beer
and liquor occupation taxes; wholesale beer and liquor occupation taxes;
office rentals; and all other receipts not classified are hereby appropriated
for the ensuing fiscal year for the use and benefit of said General Fund.
The total amount to be expended under the General Fund is $312,757.00.
SECTION 2. Street, Alley & Paving Division
That the sum of $37,284.00 to be raised by a mill levy of 0.827, is
hereby appropriated for the ensuing fiscal year for the Street, Alley &
Paving Fund for the purpose of paying for the;upkeep and maintenance of
streets and alleys, including salaries, wages, grading, flushing, repairing,
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purchase of tools, materials, supplies and equipment, rentals, snow removal,
street lighting, and other expenses incidental thereto.
That the sum of $54,000.00 being the unexpended balance in said Street,
Alley and Paving Fund, is hereby reappropriated for the ensuing fiscal year.
- 2 -
ORDINANCE NO.
4217
(Cont'd)
Included in the estimated receipts in the sum of $168,130.00 is a
sum of $8,060.00 for the contract service and sale of scrap material,
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I
weed cutting, and from fees collected for paving cuts and other miscellaneous
receipts, are hereby appropriated for the ensuing fiscal year, for the use
and benefit of said Street, Alley and Paving Fund. That the estimated receipts
from gasoline taxes in the sum of $86,880.00 and the sum of $61,540.00 from
Motor Vehicle Registration Fees, are hereby appropriated for the ensuing fiscal
year for the use and benefit of the Street, Alley and Paving Fund for the
-
repair and maintenance of the streets and alleys.
SECTION 3. Parks Division
That the sum of $96,599.00 to be raised by a mill levy of 2.143, is
hereby appropriated for the Park Fund for the purpose of paying for the care,
improvement and extension of public parks and the Baseball Park, operation
and maintenance of the Municipal Swimming Pool, including salaries and wages,
supplies, repairs, materials and equipment.
That the sum of $13,800.00, being the unexpended balance in said Park
I
Fund, is hereby reappropriated for the ensuing fiscal year.
That the estimated receipts in the sum of ~55,670.00 from the operation
of the Municipal Swimming Pool, concession stands, State and Federal aid for
park development are hereby appropriated for the ensuing fiscal year for the
use and benefit of said Park Fund.
SECTION 4. Police Division.
That the sum of $150,955.00, to be raised by a mill levy of 3.348, is
hereby appropriated for the Police Fund for the purpose of paying salaries
and wages of officers, policemen, meter maids, police judge, cost of equipment,
repairs, and operations, parking meter service and repairs, feeding prisoners,
and maintaining and providing traffic control devices.
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That the sum of $8,000.00, being the unexpended balance in said Police
Fund, is hereby reappropriated for the ensuing fiscal year.
That the estimated receipts in the sum of $64,600.00 from curb parking
meters, licenses, permits, and registration fees, court and office fees, are
hereby appropriated for the ensuing fiscal year for the use and benefit of
the Police Fund.
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ORDINANCE NO.
4217
(Cont'd)
SECTION 5. "A" Sewer Maintenance Division.
That the sum of $33,337.00, to be raised by a mill levy of 0.740,
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is hereby appropriated for the ensuing fiscal year for the "A" Sewer
Maintenance fund to pay salaries of the foreman, laborers, and for the
maintenance and repair Ul 'the sewer system and for other services incidental
thereto.
SECTION 6. Landfill Division.
That the sum of $7,519.00, to be raised by a mill levy of 0.167, is
hereby appropriated for the ensuing fiscal year for the Landfill Fund to pay
salaries, and for operation, maintenance and other expenses incidental thereto.
That the sum of $1,000.00, being the unexpended balance in said Landfill
Fun~ is hereby reappropriated for the ensuing fiscal year.
That the estimated receipts in the sum of $11,600.00 from fees and
other charges for the use of said Landfill is hereby appropriated for the
ensuing fiscal year for the use of the Landfill Fund.
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SECTION 7. "C" Sanitary Sewers Division.
That the sum of $54,512.00, being the unexpended balance in said "C"
Sanitary Sewer Fund, is hereby reappropriated for the ensuing fiscal year.
That the estimated receipts in the sum of $1,488.00 from interest payments
on investments, is hereby reappropriated for the ensuing fiscal year for the
use of the "C" Sanitary Sewer Fund.
SECTION 8. "D" Storm Sewer Division.
That the sum of $76,003.00, to be raised by a mill levy of 1.685, is
hereby appropriated for the "D" 01,Orm Sewer Fund for the purpose of paying
expenses for construction of new storm sewer lines and appurtenances thereto.
That the unexpended balance in the "D" Storm Sewer Fund in the sum of
$90,000.00 is hereby reappropriated for the ensuing fiscal year to pay for
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the construction of storm sewer systems.
SECTION 9. "E" Sewer Treatment Plant.
That the sum of $91,020.00, to be raised by a mill levy of 2.019, is
hereby appropriated for the "E" Sewer Treatment Plant for the purpose of
paying salaries and wages and for the operation and maintenance of the
Sewer Plant.
- 4 -
uRDINANlIE NO.
4217
(Cont'd)
That the sum of $15,455.00, being the unexpended balance in the
"E" Sewer Treatment Plant, is hereby reappropriated for the ensuing fiscal
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year.
That the estimated receipts in the sum of $1,500.00 for the operation
of such "E" Sewer Treatment Plant is hereby appropriated for the use and
benefit of the Sewer Plant.
SECTION 10. Cemetery Division.
That the sum of $25,195.00, to be raised by a mill levy of 0.559, is
hereby appropriated for the Cemetery Fund for the purpose of paying costs
of maintenance and upkeep of cemetery, including salaries, wages, materials,
supplies, repairs, service, equipment, improvements, buildings, landscaping
and levelling.
That the sum of $3,500.00, being the unexpended balance in said Cemetery
Fund is hereby reappropriated for the ensuing fiscal year.
That the estimated receipts in the sum of $11,000.00 from the sale of
lots, opening graves, and other charges at the cemetery, are hereby appropriated
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for the ensuing fiscal year for the use and benefit of said Cemetery Fund.
SECTION 11. Fire Division.
That the sum of $230,870.00, to be raised by a mill levy of 5.121, is
hereby appropriated for the Fire Fund for the purpose of paying salaries
and wages of officers, firemen and extra employees, operating expenses, repairs,
supplies and service, and new equipment and accessories.
Thdt the sum of $19~00.00, being the unexpended balance in said Fire Fund,
is hereby reappropriated for the ensuing fiscal year.
That the estimated receipts in the sum of $13,200.00 for chemical re-
charging service, ambulance fees, and contracts for fire protection, are
hereby appropriated for the ensuing fiscal year for the use and benefit of
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said Fire Fund.
SECTION 12. Firemen's Pension Division.
That the sum of $35,385.00, to be raised by a mill levy of 0.785, is
hereby appropriated for the Firemen's Pension Fund for the purpose of paying
pensions to retired firemen and firemen's widows and children.
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4217
(Cont'd)
ORDINANCE NO.
SECTION 1.3. Library Division.
That the sum of $4-5,800.00, to be raised by a mill levy of 1.016, is
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hereby appropriated for the Library Fund for the purpose of paying expenses
of the Library Board in the operation dfthe City Library, including salaries,
wages, repairs, service, books and periodicals, and other incidental expenses
for the ensuing fiscal year.
Tnat the sum of $900.00, being the unexpended balance in said Library
Fund, is hereby reappropriated for the ensuing fiscal year.
That the estimated receipts in the sum of $14,800.00 for miscellaneous
receipts is hereby appropriated for the ensuing fiscal year for the use and
benefit of the Library Fund.
SECTION 14. Band Division.
That the sum of $6,.300.00, to be raised by a mill levy of 0.140, is
hereby appropriated for the Band Fund for the purpose of paying expenses of
vocal, instrumental and amusement organizations for free concerts and parades,
for the ensuing fiscal year.
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SECTION 15. Civil Defense Division.
That the estimated receipts in the sum of $500.00 as reimbursements of
surplus purchases, is hereby reappropriated for the ensuing fiscal year for
the use of the Civil Defense Fund.
SECTION 16. Social Security Division.
That the sum of $27,740.00, to be raised by a mill levy of 0.615, is
hereby appropriated for the Social Security Fund for the purpose of making
the required payments to the Federal Government for the Old Age and Survivor's
Insurance for the ensuing fiscal year.
That the sum of $6,000.00, being the unexpended balance in said Social
Security Fund, is hereby reappropriated for the ensuing fiscal year.
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That the sum of $64,200.00, being the estimated amount to be received
from payroll deductions, is hereby appropriated for the ensuing fiscal year
for the use and benefit of said Social Security Fund.
SECTION 17. Bond and Interest Division.
That the total sum of $218,700.00, being the unexpended balance in said
Bond and Interest Fund is hereby reappropriated for the ensuing fiscal year.
That the estimated receipts in the sum of $152,690.00, as transfers from
the Paving and Sewer Fund, for the benefit of the Bond and Interest Fund, are
- 6 -
ORDINANCE NO. 4217
(Cont'd)
hereby appropriated for the ensuing fiscal year.
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SECTION 18. Employee Retirement Division.
That the sum of $18,300.00, to be raised by a mill levy of 0.406, is
hereby appropriated for the Employee Retirement Fund, to make premium
payments on an employee retirement plan.
That the sum of $41,700.00, being the estimated amount to be received
from payroll deductions, is hereby appropriated for the ensuing fiscal year
for the use and benefit of the employee retirement plan.
The twenty-mill all-purpose levy, which will raise $901,652.00,
the unexpended balance of $530,667.00, and the total miscellaneous receipts
of $849,490.00, represents the total income in the sum of $2,281,809.00 to
operate the 1965/1966 budget.
SECTION 19. Airport Division, General.
That the estimated receipts in the sum of $76,739.00, received from
the operation of the Grand Island Municipal Airport, and rentals received
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from the use of buildings and landing field and farming land in said airport,
and sale of salvaged materials, are hereby appropriated for the ensuing fiscal
year for the use and benefits of the Airport Fund.
SECTION 20. Airport Cafe Division.
That the estimated receipts in the sum of $40,000.00, received from the
operation of the Airport cafe, to pay salaries of Cafe personnel and supplies
needed for serving of~epared meals to the general public are hereby appro-
priated for the ensuing fiscal year for the use and benefits of the Airport
Cafe Fund.
SECTION 21. Airport "T" Hangar Division.
That the sum of $1,000.00, being the unexpended balance in the Airport
"T" Hangar Account, be reappropriated for the ensuing fiscal year for the
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purpose of paying principal and interest on the respective loan for the
construction of Airport "T" Hangars.
That the estimated receipts in the sum of $4,475~00, received as rental
payments for"T" Hangars be appropriated for the ensuing fiscal year to assist
in paying off the Airport "T" Hangar Loan account.
- 7 -
ORDTIJANCE NO.
4211
(Cont'd)
SECTION 22. Cemetery Permanent Care Division.
That the sum of $168,000.00, being the unexpended balance of the
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Cemetery Permanent Care Fund in the form of receipts invested in U.S.
Government securities, $166,931.49 and $1,068.51 cash is hereby reappro-
priated for the ensuing fiscal year.
That the estimated receipts in the sum of $8,500.00 from interest on
securities and other general contributions are hereby appropriated to the
respective fund for the ensuing fiscal year.
SECTION 23. City Garage Division.
That the estimated receipts in the sum of $61,564.00 from the operation
of the Glty Shop Garage are hereby appropriated for the use and benefit of
the City Shop Garage Fund.
SECTION 24. Off-Street Parking Division.
That the unexpended balance in the Off-Street Parking Lots Fund in
the sum of $24,030.00, is hereby reappropriated for the ensuing fiscal year
to pay for the maintenance and repairs of such lot and meters.
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That the estimated receipts in the sum of $22,970.00 for the operation
of such parking lots are hereby appropriated for the use and benefit of
the parking lots.
SECTION 25. "F" Sewer Construction Divisbn.
That the sum of $95,000.00, being the unexpended balance in the "F"
Sewer Construction Fund, be reappropriated for the ensuing fiscal year for
New Sewer construction purposes.
That the estimated receipts in the sum of $1,000.00 from interest on
investments, are hereby appropriated for the ensuing fiscal year for the use
and benefit of the Sewer Construction Fund.
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SECTION 26. Sewer Revenue 1964 Division.
That the sum of $12,000.00, being the unexpended balance in the Sewer
Revenue Fund, be reappropriated for the ensuing fiscal year.
That the estimated receipts in the sum of $196,500.00 from sewer use
fee and from Swift & Company, are hereby appropriated for the ensuing fiscal
year for the use and benefit of said fund.
- 8 -
ORDINANCE NO.
4217
(Con't)
SECTION 27. "G" Sanitary Sewer Construction Fund.
That the sum of $800,000.00, being the unexpended balance in the
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Sanitary Sewer Construction fund, be reappropriated for the ensuing fiscal
year.
That the estimated receipts in the sum of $1,810,000.00 from the
sale of Sewer Rbvt::nue Bonds, interest on investments, and the rCtli1tribution
from the Federal Government, are hereby appropriated for the ensuing fiscal
year for the use of said fund.
SECTION 28. "H-l" Sewer Revenue Bond Account.
That the sum of $26,670.00, being the unexpended balance in the "H-l
Sewer Revenue Bond account, be reappropriated for the ensuing fiscal year.
That the estimated receipts in the sum of $97,000.00, as a transfer
from the "H" Account for payment of the 1964 and 1965 principal and interest
payment of Sewer Revenue Bonds, are hereby appropriated for the ensuing fiscal
year.
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SECTION 29. "H-2" Sewer Revenue Bond Reserve Account.
That the sum of $44,600.00, being the unexpended balance in the "H-2"
Sewer Revenue Bond Reserve Account, be reappropriated for the ensuing fiscal
year.
That the estimated receipts in the sum of $62,210.00, as a transfer from
the "H" Account for the purpose of establishing a reserve account, are hereby
appropriated for the ensuing fiscal year.
SEcrrION 30. "H- '3" Sewer Revenue Operation & Maintenance Account.
That the estimated receipts in the sum of $10,200.00 as a transfer
from the "H" Account, for the purpose of reimbursing the Utilities Department
for collecting and handling the sewer use fee, is hereby appropriated for
the ensuing fiscal Yt::ar.
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SECTION 31. "H-4" Sewer Revenue Surplus Account.
That the sum of $32,000.00, being the unexpended balance in the "H-4"
Sewer Revenue Surplus Account, be reappropriated for the ensuing fiscal year.
That the estimated receipts in the sum of $40,000.00, as a transfer from
the "H" Account, and interest earned for- the purpose of paying construction
contracts, is hereby appropriated for the ensuing fiscal year.
- 9 -
ORDINANCE NO.
4217
(Cont'd)
SECTION 32. "B" Sanitation Garbage Division.
That the sum of $3,600.00, being the unexpended bala!lce in said "B"
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Sanitation Fun~ is hereby reappropriated for the ensuing fiscal year.
That the estimated receipts in the sum of $54,000.00 from the collection
of garbage, is hereby appropriated for the ensuing fiscal year, for the
use and benefit of the "B" Sanitation Fund, to pay salaries and wages, and
for the cost of repairs, equipment, su.pplies, -and service, and to maintain
reserve for depreciation of equipment.
SECTION 33. Airport Fire Station Division.
That the sum of $500.00, being the unexpended balance in the Airport
Project (Fire Station) No. 9-25-051- 05, be lleappropriated for the ensuing
fiscal year, as the City's portion for the construction of the new Airport
Fire Station.
That the estimated receipts in the sum of $2,500.00 from the F.A.A~
as aid in construction costs, is hereby reappropriated for the ensuing fiscal
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year.
SECTION 34. Utilities Divis~
That the sum of $2,100,000.00, being the unexpended balance in the
Electric Department, and that the estimated receipts in the sum of $2,127,800.00
from the sale of electric energy; that the sum of $500,000.00, being the
unexpended balance in the Water Department; that the estimated receipts in
the sum of $403,272.00 from the sale of water, are hereby appropriated for
the purpose of paying the expenses of the operation of the said departments,
including salaries and all incidental expenses in connection with the operation,
maintenance, repair, and enlargement of said department plants.
SECTION 35. This ordinance shall be in force and take effect from
and after its passage, approval, and publication, as provided by law.
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Enacted this28 th day of July, 1965.
~~
President of the Council
ATTEST:
1-;Yh .
~ City Clerk
\,.-
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APPROVED
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ORDINANCE NO.
4218
~ )>{ZL?t..:.:~
An ordinance creating Sanitary Sewer District No. 354 in
the City of Grand Island, Nebraska; defining the boundaries of
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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 pro-
vide the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF GRAND ISlAm, NEBRASKA:
SECTION 1. Sanitary Sewer District No. 354 of the City of
Grand Island, Nebraska, is hereby created for laying of sanitary
sewer mains.
SECTION 2. Such sanitary sewer district shall include the
following lots and parcels of ground, to wit:
I
Beginning at the northeasterly corner of Wheeler
Avenue and 23rd Street; thence running north-
easterly on the north line of 23rd Street to
Locust Street; thence running northwesterly
on the west line of Locust Street for a dis-
tance of Two Hundred and Twenty-eight (228)
feet; thence running southwesterly and par-
allel to the north line of 23rd Streetm the
easterly line of Wheeler Avenue; thence run-
ning southeasterly on the east line of Wheeler
Avenue for a distance of Two Hundred and Twenty-
eight (228) feet to the point of beginningj.
SECTION 3. Said improvement shall be made in accordance
with plans and specifications prepared by the engineer for the
City, who shall estimate the cost thereof, and submit the same
to the City Council, and, upon approval of the same, bids for
the construction of such sanitary sewer shall be taken and con-
tracts entered into in the manner provided by law.
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SECTION 4. The cost of construction of such improvements
shall be assessed against the property abutting upon the street,
avenue, alley, part thereof, easement, or other right of way
within which such sanitary sewer main has been so placed within
such sewerage district, to the extent of benefits to such prop-
erty 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 in accordance with Section 16-669, R.R.S.
1943; and, provided further, such special tax and assessments
- 1 -
ORDINANCE NO.
4218
(Cont'd)
shall constitute a sinking fund for the payment of any bonds
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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
within thirty days in one issue of the Grand Island Daily
Independent.
Enacted this
9
day of August , 1965.
c.:~J ~......
c~~~~
ex, officio Mayor
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r;f{;
12 . ~~
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ORDINANCE NO.
4219
An ordinance pertaining to zoning a certain area beyond the corporate
boundaries of the City of Grand Island, Nebraska, namely: Rezoning a
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part of the South Half of the Northeast Quarter (StNEt) and a part of
the North Half of the Southeast Quarter (NtSEt) of Section Twenty-Four
(24), Township Eleven (11) North, Range Ten (10) West of the 6th P.M.,
in Hall County, Nebraska; changing the classification of such area from
A-Residence to "Industrial" classification; directing that such change
and reclassification be shown on the official zoning map of the City of
Grand Island, and amending the provisions of Ordinances numbered 3699,
3853, and 4023 to conform to such reclassification.
WHEREAS, the immediate and projected development in such area will
produce multiple requests for rezoning from A-Residence classification to
Industrial district classification for separate tracts located in such
area; and
WHEREAS, the Henningson, Durham and Richardson General Development
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Plan (January 1964) as adopted by this Council on October 19, 1964, considers
as adapted to industrial use the area approximately hereinafter described;
WHEREAS, the Planning Commission of the City of Grand Island has
recommended that the hereinafter described area be zoned from A-Residence
district classification to Industrial district classification;
WHEREAS, it has been determined that no notice of appeal from the
judgment of the District Court of Hall County, Nebraska, Case No. 14944,
determining that such area does not constitute "an industrial area" as
defined under Article 25, Chapter 19 of Revised Statutes of Nebraska,
has been filed within the time fixed by law;
WHEREAS, the Boards of Education of School District No. 38 and Northwest
High School in Hall County, after notice as required by Section 79-4,151,
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R.S.Sli'p. 1963, are deemed to have failed to make written recommendation
within thirty days;
WHEREAS, notice of public hearing on August 9, 1965, on such change
in zoning classification has been published by the City Clerk in the Grand
Island Daily Independent one time, more than ten days prior to such hearing
date, and notice has been posted in conspicuous places adjacent to each
public highway on or near the area proposed to be rezoned;
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ORDINANCE NO. 4219 (Cont'd)
WHEREAS, said tract was heretofore zoned and classified as A-Residence
by Ordinances numbered 3699, 3853, and 4023, by authority of Section 16-901,
Revised Statutes of Nebraska 1943, Reissue;
NOW, THEREFORE, after final public hearing on August 9, 1965, the
City Council finds that the tract hereinafter specifically described should
be rezoned to substantially conform with the General Development Plan.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND,
NEBRASKA:
SECTION 1. That the tract of land in the South Half of the Northeast
Quarter (StNEt) and part of the North Half of the Southeast Quarter (NtSEt)
of Section Twenty-four (24), Township Eleven (11) North, Range Ten (10)
West of the 6th P.M., Hall County, Nebraska, more particularly described
as follows:
PROOF READ
Beginning at the northeast corner of the said South Half
of the Northeast Quarter (stNEt); thence running south on the
east line of said Section Twenty-four (24) to the northerly line
of the Union Pacific Railroad Company right-of-way; thence running
southwesterly on the northerly line of the Union Pacific Railroad
Company right-of-way to a point which is five thousand two hundred
eighty (5,280) feet due west from the west line of the St. Joseph
Branch of the Union Pacific Railroad Company right-of-way; thence
running north parallel to and five thousand two hundred eighty
(5,280) feet west of the west line of the St. Joseph Branch of
the Union Pacific Railroad Company right-of-way to a point five
thousand two hundred eighty (5,280) feet southwesterly from a
point which is thirty (30) feet west of the northeast corner and
on the north line of the Southwest Quarter of the Southwest Quarter
(swtswt) of Section Seventeen (17), Township Eleven (11) North,
Range Nine (9) West of the 6th P.M., Hall County, Nebraska; thence
running northwesterly on a five thousand two hundred eighty (5,280)
feet arc, the radius point of which is thirty (30) feet west of the
northeast corner and on the north line of the Southwest Quarter of
the Southwest Quarter (swtswt) of said Section Seventeen (17) to
the west line of the Northeast Quarter (NEt) of said Section Twenty-
four (24); thence running north on the west line of the Northeast
Quarter (NEt) of said Section Twenty-four (24) to the southerly
right-of-way line of U. S. Highway No. 30; thence running north-
easterly on the southerly right-of-way line of U.S. Highway No. 30
to the north line of the South Half of the Northeast Quarter (StNEt)
of said Section Twenty-four (24); thence running east on the north
line of the South Half of the Northeast Quarter (stNEt) to the
point of beginning,
be, and the same is, rezoned and reclassified and changed to "Industrial"
district.
- 2 -
ORDINANCE NO. 4219 (Cont'd)
SECTION 2. That the official zoning map of the City of Grand Island
be, and the same is, hereby ordered changed and amended in accordance
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wi th this ordinance.
SECTION 3. That the ordinances numbered 3699, 3853, and 4023, be, and
the same hereby are, amended to reclassify the above described tract as
"Industrial" district.
SECTION 4. That this ordinance shall take effect, as by law provided,
from and after its passage and publication within thirty days in one issue
of the Grand Island Daily Independent.
Enacted this
9'
day of August, 1965.
"~"
( " 1
,~~-"'~~ '.
President of the Council
ATTEST:
#g~
City Clerk
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Flied for record
Page .F 'Y $
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~2-_
Isterol Deeds, Hall County, Nebraska
--, ....._~
ORDINANCE NO. 4220
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 lands in the East Half of the East Half of the West
Half of the Southeast Quarter of Section Four, Township Eleven North, Range
Nine West of the 6th P.M., Hall County, Nebraska, and to provide for service
benefits thereto.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND,
NEBRASKA:
SECTION 1. That the boundaries of the City of Grand Island be, and
hereby are, extended to include within the corporate limits of such City
the adjacents lands, the same being contiguous or adjacent, which have been
designated by the owner for urban and suburban use, and are located in the
East Half of the East Half of the West Half of the Southeast Quarter
(EtEtWtSEt) of Section Four (4), Township Eleven (11) North, Range Nine (9),
West of the 6th P.M., in Hall County, Nebraska, more particularly described
as follows:
Beginning at a point on the South line of said Section Four
(4), said point being One Hundred Thirty (130.0) feet West of the
Southeast corner of said West Half (wt) of the Southeast Quarter
(SEt); thence Northerly parallel to the East line of said West Half
(wt) of the Southeast Quarter (SEt), a distance of Three Hundred
Seventy-three (373.0) feet; thence Easterly parallel to the South
line of said Section Four (4), a distance of One Hundred Thirty
(130.0) feet, to the East line of said WtSEt; thence Northerly along
and upon said East line of the wt of the SEt, to a point which is Six
Hundred Sixty (660.0) feet South of the North line of said Southeast
Quarter (SEt); thence westerly parallel to said North line of the
Southeast Quarter (SEt), a distance of approximately Three Hundred
Thirty-two and Sixty-six Hundredths (332.66) feet, to the West line
of said EtE~tSEt; thence Southerly along and upon the West line of
said EtEtWtSE~, to the South line of said Section Four (4); thence
Easterly along and upon said South line of Section Four (4); a distance
of Two Hundred Four and Eighty-seven Hundredths (20~.87) feet to the
place of beginning, and containing 14.06 acres more or less, of which
0.16 acres more or less are presently occupied by county road right-
of-way.
SECTION 2. That a certified copy of this ordinance, together with a
plat of such lands as certified to by a registered land surveyor, shall be
filed for record in the office of the Reg~ster of Deeds of Hall County,
Nebraska.
- 1 -
F//-'-
'J I' 0
.
I
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I
.
ORDINANCE NO.
4220
(Cont'd)
SECTION 3. Such lands are hereby annexed to the City of Grand
Island, Hall County, Nebraska.
SECTION 4. That upon the taking effect of this ordinance, the
police, fire, snow removal, and water service shall be furnished to
such lands hereinbefore annexed.
SECTION 5. That this ordinance is enacted at the request of the owner
of said lands, and under authority and in reliance upon Section 16-106,
Revised Statutes of Nebraska, 1943, 1963 Cumulative Supplement.
SECTION 6. This ordinance shall be in force and take effect from
and after its passage, approval, and publication within thirty days in
one issue of the Grand Island Daily Independent, as by law provided.
Enacted this
day of AUgu..st,. 19&65'-SJ;i?
C2i~~I (. ~
President of the Council
t:7J
/
ATTEST:
!l~...
:5?/:1
AfP,OVED
..~.--
u:-~q__
b.:~
ORDINANCE NO. 4221
An ordinance vacating a part of North Vine Street and a part of
the alley abutting upon the north half of Block 51 in Original Town,
.
I
now City, of Grand Island, Nebraska, conditioned upon the reservation
of easements therein for public utilities, with rights of ingress and
egress and such other rights as the City may be entitled to b, reason
of Section 16-611, R.R.S. 1943.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND,
NEBRASKA:
SECTION 1. That that part of North Vine Street abutting upon the
north half of Block 51 in Original Town, now City, of Grand Island, Hall
County, Nebraska, described as follows:
I
Starting at the northeasterly corner of Lot One (1) in
Block Fifty-one (51) of the Original Town, now City, of Grand
Island, Nebraska, thence easterly on a line which would be a
continuation of the northerly line of said lot, a distance of
twelve feet and seven inches (12' 7"); thence southerly and
parallel to the easterly line of said lot a distance of 136.15
feet; thence westerly and parallel to the southerly line of
said lot a distance of 12 feet 7 inches (12' 7"); thence northerly
to the southeasterly corner of said l~tAtthen along the easterly
line of said lot a distance of 136.1sr,eto the place of beginning;
and, that part of the alley in such Block 51 described as follows:
Starting at the southeasterly corner of Lot One (1), in
Block Fifty-one (51) of the Original Town, now City, of Grand
Island, Nebraska, thence southerly on a line which would extend
the easterly line of said Lot One (1), a distance of 4.15 feet;
thence westerly and parallel to the southerly lines of Lots One
(1) and Two (2), a distance of 103.0 feet; thence northerly and
parallel to the line between said Lots One (1) and Two (2) a
distance of 4.0 feet; thence easterly along the southerly lot
lines of Lots One (1) and Two (2), a distance of 103 feet to
the point of beginning;
all as occupied for more than fifty years by the building located upon the
east half of the north half of such Block 51, be, and the same are, hereby
vacated, Provided and conditioned that the City of Grand Island reserves
the right to operate, maintain, extend, repair, replace, and remove any
I
.
public utilities, including sanitary sewers, water mains, power lines,
manholes, and other appurtenances located in or upon or adjacent to such
tracts, and the right of ingress and egress through and across such alley
and any other rights the City may be entitled to by reason of the pro-
visions of Section 16-611, R.R.S. 1943.
- 1 -
ORDINANCE NO. 4221 (Cont'd)
SECTION 2. That this ordinance shall be in force and take effect,
as by law provided, from and. after its passage, approval, and publication
.
I
within thirty days in one issue of the Grand Island Daily Independent.
Enacted. this
'7'
day of August, 1965.
~~-
\ ! , /
. " ,..< . ~
(~____'I' ,I' ,~" ~
President'of the Council
ATTEST:
/9;r~---~--
~ City Clerk
I
I
.
- 2 -
cS :
4222
ORDINANCE NO.
An ordinance amending Section 8-42 of Article IV, entitled '~oving
Buildings", of Chapter 8, entitled "Buildings", of the Grand Island City
.
I
Code; to provide for special building moving permits; to require indemnity
insurance, applications, waivers, and cash deposits; to repeal Sec. 8-42
of Grand Island City Code; to provide a severability clause; and to provide
the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. That Sec. 8-42, entitled "Same - Not to be issued if
building exceeds certain length or width" of Article IV entitled "Moving
Buildings" of Chapter 8 entitled "Buildings" of the Grand Island City Code
be, and hereby is, amended to read and provide as follows:
"Sec. 8-42. Height and width restrictions: Special permits.
I
"No permit shall be issued to move any house or structure if
any part thereof has a height in excess of twenty-six feet and if
any part thereof at its greatest width is in excess of thirty-four
feet, Provided, except, the City Council by express resolution may
authorize the granting of permits in cases of buildings exceeding
such width or height limitation, or both, when there is filed and
deposited in the office of the City Clerk the following, to wit:
I
.
(1) Liability insurance policy issued by casualty company
licensed to do business in the State of Nebraska, countersigned
by a Nebraska authorized agent or attorney, in the sum of not less
than $50,000 and $100,000 liability coverage as to persons and not
less than $50,000 as to property, conditioned, among other things,
that the housemover will pay any and all damages which may happen to
any tree, pavement, curb, street, boulevard, public property or side-
walk, or any telegraph, telephone, or electric light pole, hydrant,
sewer, manhole, conduit cover, shut-off box, sewer inlet, or any
other device which is legally above, upon or under the surface of
any street or sidewalk within said City, whether such damage or
injury is inflicted by said mover or by his agents, employees or
workmen, or by anyone under the mover's direction, and, conditioned,
also, that the mover save and indemnify and keep harmless the City
of Grand Island against any liabilities, judgments, costs and ex-
penses which may in anywise accrue against said City in consequence
of the issuance of such permit to move the particular building or
structure or any part or parts thereof, and that said move;:Will in
all things strictly comply with the conditions of such specific
permit, and the ordinances of said City relating to housemovers,
and applicable laws; and, that, in no case shall iron stakes be
driven into pavement, nor shall any injury be done to any of the
things herein above enumerated. A copy of such insurance policy
will all endorsements shall be filed with the City Clerk and shall
be approved as to form by the City Attorney, and shall be provided
in lieu of the bond required in Sec. 8-40 of this Code.
(2) An application for a specific permit to move a specific
building or structure, in triplicate, with the following documents
attached thereto, to wit:
- 1 -
ORDINANCE NO. 4222
(Cont'd)
(a) A drawing or chart showing the specific route proposed
to be followed and exact location of buildings, structures,
trees, and other objects which may interfere with the moving
of such building or structure.
.
I
(b) A drawing to scale showing the dimensions of length,
width, and height, and kind of structure proposed to be moved.
(c) Photographs showing all four sides of the structure or
building.
(d) Agreement of all property owners who may be affected by
reason of trimming of trees, or ownership of structures, or
device, legally above, upon, or under the surface of any such
street, waiving any and all claims against the City of Grand
Island for damages which may happen to any such trees, pavement,
curb, driveway, pole, structure, or device.
(e) statements of the City Engineer, Commissioner of Public
Utilities, Chief of Police, and Fire Chief of the estimated
cost to the City of services of employees, including policemen
and firemen and equipment in the supervision of the moving of
such building along and upon the City streets, together with
cash deposit in the amount of the total of such statements.
(f) Consent to the moving of such building or structure of
any affected telephone company, gas company, telegraph company,
railroad(s), and waiver of every and all claims for damages
against the City with regard thereto.
I
(3) The permit fee required by Sec. 8-41 of this Code. "
SECTION 2. If any section, subsection, sentence, clause, or phrase,
of this ordinance is, for any reason, held to be invalid, such holding
shall not affect the validity of the remaining portion or portions of
this ordinance, or such Sec. 8-42, Article IV, of Chapter 8 of the Grand
Island City Code as hereinbefore amended.
SECTION 3. That Sec. 8-42 of the Grand Island City Code, as hereto-
fore existing, be, and hereby is, repealed.
SECTION 4. That this ordinance shall be in force and take effect
from and after its passage and publication within thirty days in one issue
of the Grand Island Daily Independent, as by law provided.
Enacted this
~?L
~ -A~ _A_
day of ~ ' 1965.
~~
President of the Council
I
.
.
.;:;-~
City Clerk
- 2 -
AP~ROVED
d!!;~ .
!l":~~
ORDINANCE NO.
4223
An ordinance directing and authorizing: The conveyance of real
estate in which the City of Grand Island, Nebraska, claims an interest,
.
I
to Bill Peterson and Helene Peterson, husband and wife, and George Peterson
and Venetia Peterson, husband and wife, being tracts composing part of
North Vine Street and alley in Block 51, Original Town, no~ City, of
Grand Island, as vacated by Ordinance No. 4221, dated August 9, 1965,
which tracts are hereinafter more particularly described; and providing
for the giving of notice of such conveyance, and of the terms thereof;
and, providing for the right to file a remonstrance against such conveyance.
BE IT ORDAINED BY THE :MAYOR AND CITY COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA.:
SECTION 1. That the conveyance to Bill Peterson and Helene Peterson,
and ueurge Peterson and Venetia Peterson, of the real property formerly
being parts of North Vine Street and part of alley in Block 51, Original
Town, now City, of Grand Island, Nebraska, as vacated by Ordinance No. 4221
I
of the City of Grand Island, dated August 9, 1965, which tracts are more
particularly descl-ibed as:
Starting at the northeasterly corner of Lot One (1) in
Block Fifty-one (51) of the Original Town, now City, of Grand
Island, Nebraska, thence easterly on a line which would be a
continuation of the northerly line of said lot, a distance of
twelve feet and seven inches (12' 7"); thence southerly and
parallel to the easterly line of said lot a distance of 136.15
feet; thence westerly and parallel to the southerly line of
said lot a distance of twelve feet and seven inches (12' 7");
thence northerly to the southeasterly corner of said lot, then
along the easterly line of said lot a distance of 136.15 feet,
to the place of beginning;
and, that part of the alley in such Block 51 described as follows:
I
.
Starting at the southeasterly corner of Lot One (1), in
Block Fifty-one (51) of the Original Town, now City, of Grand
Island, Nebraska, thence southerly on a line which would extend
the easterly line of said Lot One (1), a distance of 4.15 feet;
thence westerly and approximately parallel to the southerly lines
of Lots One (1) and Two (2), a distance of 103.0 feet; thence
northerly and parallel to the line between said Lots One (1) and
Two (2) a distance of 4.0 feet; thence easterly along the southerly
lot lines of Lots One (1) and Two (2), a distance of 103 feet to
the point of beginning,
is hereby authorized and directed.
SECTION 2. The terms of the conveyance of such real estate is as
follows: The grantees have agreed to pay the sum of Two Hundred Dollars
($200.00), upon delivery to the grantees of a quit claim deed of such
- 1 -
ORDINANCE NO. 4223
(Cont'd)
real property, subject to and reserving unto the City of Grand Island
the right to operate, maintain, extend, repair, replace, and remove any
.
I
public utilities, including sanitary sewers, water mains, power lines,
manholes, and other appurtenances located in or upon or adjacent to such
tracts, and the right of ingress and egress through and across such alley
and any other rights the City may be entitled to by reason of Sec. 16-611,
R.R.S. 1943, and Provided, the City of Grand Island shall not be required
to 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
I
Grand Island to file a remonstrance against the conveyance of such described
real estate; and if a remonstrance against such conveyance, signed by legal
electors of said City equal in number to thirty per cent 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, such property shall not then, nor within
one year thereafter, be conveyed (sold).
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
such Bill Peterson and Helene Peterson, and George Peterson and Venetia
Peterson, a quit claim deed for said tracts, with reservations as hereinbefore
I
.
provided; and, the execution of such deed is hereby authorized without further
action by the City Council.
SECTION 6. This ordinance shall be in force and take effect from and
after its passage, and publication within thirty days in one issue of the
Grand Island Daily Independent.
Enacted this
:Z~
day of
~~~
President of the Council
7!9:':~
~
rJ. . ~
ORDINANCE NO. 4224
An ordinance amending Sections 8-2 and 8-5 of Article I entitled
"In General" of Chapter 8 entitled "Buildings" of the Grand Island City
.
I
Code; to provide "Fire Zone Districts"; to adopt Chapters 301, 302, 303,
and 304 of the Modern Standard Building Code, Volume 1, 1959 Edition; to
adopt an official fire zone map; to provide severability and rights or
remedies saving clauses; to repeal Sections 8-2 and 8-5 of Grand Island
City Code; and to provide the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. That Section 8-2 entitled "Building Code: Provisions
in Effect" of Article I entitled "In General" of Chapter 8 entitled
"Buildings" of the Grand Island City Code, be, and hereby is, amended
to read and provide as follows:
"Sec. 8-2. Modern Standard Building Code - Exceptions.
I
"It is especially provided that Chapter 104 entitled Board of
Adjustments and Appeals; Sections 107.02, 107.04 and 107.05 of
Chapter 107 entitled Unsafe Buildings; Section 108.08 of Chapter
108 entitled Plan - Checking Fees; Section 109.06 of Chapter 109
entitled Certification of Plans and Specifications; Chapter III
entitled Violations and Penalties; and Chapter 714 entitled Lathing
and Plastering, of the Modern Standard Building Code adopted pursuant
to Section 8-1, are not adopted or approved, and the same shall be
of no force and effect."
SECTION 2. That Section 8-5 entitled''''Fire Limits" defined and
designated" of Article I entitled "In General" of Chapter 8 entitled
"Buildings" of the Grand Island City Code, be, and hereby is, amended
to read and provide as follows:
"Sec. 8-5. "Fire Zone Districts" and "Fire Limits" defined,
distinguished, and designated.
I
.
"For the purpose of the Modern Standard Building Code,
Volume I, 1959 Edition, the boundaries to "Fire Zone No. I"
district and "Fire Zone No. II" district, as defined by Chapter 301
of such Modern Standard Building Code, and the boundaries of such
fire zone districts within the boundaries of the City of Grand Island
hereby are, and at all times hereafter shall be shown on a "Fire
Zone District Map" filed in the office of the City Clerk, which map
dated August '2 ~ , 1965, as prepared by the City Engineering
Department of the City of Grand Island, is hereby adopted as the
official Fire Zone District Map of the City of Grand Island, and is
hereby made a part of this Section 8-5 and shall have the same force
and effect as if such official fire district map and all the notations,
references and other information shown thereon were fully set forth
or described herein, Provided, such official Fire Zone District Map
may from time to time hereafter be amended and modified by ordinance of
the City Council of such City; and further, Provided, such official
Fire Zone District Map shall be certified by the President of the Council,
and the City Clerk, and the corporate seal of the City affixed thereto,
and shall remain at all times on file in the office of the City Clerk.
- 1 -
ORDINANCE NO. 4224
.
I
"Several parts of the City lying within the areas which are now,
or which may hereafter be zoned as Business "A", Business "B", and
Industrial, are hereby defined and designated as the"Fire Limits"
of the City for the purposes only of provisions of the Grand Island
City Code other than and excepting Article I, Chapter 8 thereof,
including the Modern Standard Building Code, Volume 1, 1959 Edition,
as adopted by the City of Grand Island."
SECTION 3. That Chapter 301 entitled Fire District, Chapter 302
entitled General Requirements and Restrictions, Chapter 303 entitled
Restrictions in Fire Zone No. I, chapter 304 entitled Restrictions in
Fire Zone No. II, of the Modern Standard Building Code, Volume 1, 1959
Edition, as not adopted or approved by Ordinance No. 3689, be, and hereby
are, adopted effective with the enactment of this ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase,
of this ordinance is, for any reason, held to be invalid, such holding
shall not affect the validity of the remaining portion or portions of
this ordinance, or such Sections 8-2 and 8-5, Article I, of Chapter 8
of the Grand Island City Code as hereinbefore amended.
I
SECTION 5. That Section 8-2 of the Grand Island City Code, as amended
by Ordinance No. 4212, and Section 8-5 of the Grand Island City Code,
as heretofore existing, be, and hereby are, repealed.
SECTION 6. That this ordinance shall be in force and take effect
from and after its passage and publication within thirty days in one issue
of the Grand Island Daily Independent, as by law provided.
Enacted this
~3
day of ~ ~ , 1965.
c91rvv~
President of the Council
ATTEST:
J;j~
I
.
- 2 -
ORDINANCE NO. 4225
~"
~
An Ordinance to amend Section 20-86 of Article II en-
titled "Operation of Vehicles Generally" of Chapter 20 en-
.
I
. .
titled "Motor Vehicles and Traffic" of the Grand Island City
Code; to fix. the maximum speed limit for vehicular travel on
streets w'ithin the City; to fix the maximum speed limit for
vehicular travel on Harrison Street from Anna Street to Stolley
Park Road; to provide for the erection of the necessary signs
designating such speed limit on Harrison Street; to provide
a penalty for the violation of such speed limits; to repeal
the original Section 20-86 as heretofore existing; to repeal
ordinances or parts of ordinances or provisions in the Grand
Island City Code in conflict herewith; and to provide the
effective date hereof.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF GRAND ISLAND~ NEBRASKA:
SECTION 1. That Section 20-86 of Article II entitled
I
"Operation of Vehicles Generally" of Chapter 20 entitled
"Motor Vehicles and Traffic" of the Grand Island City Code be
amended to read as follows:
"Sec. 20-86. Speed limits - Generally.
It shall be unlawful for any person to operate a vehicle
on any street within the city at a rate of speed greater than
is reasonable and prudent under the conditions then existing;
provided, that it shall be unlawful for any person to operate
a vehicle on the streets of the city, at any time or under any
conditions, at a rate of speed greater than twenty miles per
hour in the congested district, twenty-five miles per hour on
I
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arterial streets outside the congested district, and twenty-
five miles per hour on all other streets and upon viaducts and
the approaches thereto; provided, that other rates of speed
may be permitted in areas to be designated by ordinance and
marked by signs indicating the maximum allowable speed in miles
per hour in such areas. It is further provided that no motor
vehicle shall be operated at a rate of speed in excess of thirty-
five miles per hour on that part of Harrison Street lying between
Anna Street and Stolley Park Road."
- 1 -
ORDINANCE NO. 4225 (Cont'd)
SECTION 2. That the Traffic Division be, and hereby is,
ordered to erect the necessary signs on Harrison Street inform-
.
I
ing the motoring public of such speed limit.
SECTION 3. Any person violating the provisions of this
section shall, upon conviction, be deemed guilty of a mis-
demeanor and be punished as provided in Section 1-7 of this
Code.
SECTION 4. That original Section 20-86 of the Grand Island
City Code as heretofore existing be, and hereby is, repealed.
SECTION 5. That all ordinances or parts of ordinances
or provisions in the Grand Island City Code in conflict here-
with be, and the same are, hereby repealed.
SECTION 6. That this ordinance shall be in force and
take effect as provided by law from and after its enactment
and publication within thirty days in one issue of the Grand
I
Island Daily Independent.
Enacted Aug. 23, 1965
~
\." .-..
Presldent of the Council
;Jst:
I
.
- 2 -
ORDINANCE NO. 4226
.
I
An Ordinance creating Street Improvement District No. 408,
defining the boundaries of the District and providing for the
improvement of streets within the District by paving, curbing,
guttering and all incidental work in connection therewith.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF GRAND ISLAND, NEBRASKA:
SECTION 1. Street Improvement District No. 408 of the
City of Grand Island is hereby created.
I
SECTION 2. The District shall include the following lots
and parcels of ground, to wit:
Lot Four (..4). ' the North Forty-two and E.ight Tenths
(N 42.8) feet of Lot Five (5), Lots Six (6), Seven
(7), Eight (8), Nine (9), Te~ (10), Eleven,(ll),
TWE;llve (12) a~d Thirtee~ (13) in Husman's Subdivision,
Grand Isla~d, Nebraska; Lots ,. One (1) through Twenty
(20) inclusive in Spelts-Schultz Addition, Grand
Islsmd , Nebraska; all of Alcorn I s First Addition
to the City of Grand Island, Nebraska; and the
East Ninety and Three Tenths (E90.3) feet of
Block Seven (7) and the West Twenty-seven (W 27)
feet of the East One Hundred Seventeen and Three
Tenths (E 117.3) feet of Block Seven (7) in
Koehler Subdivision, Grand Island, Nebraska.
SECTION 3. The following streets, including intersections,
in the District shall be improved by paving, curbing, guttering
and all incidental work in connection therewith:
Meves Avenue from the east line of Vine Street
to Plum Road, and Plum Road from Fourteen and
Five Tenths (14.5) feet south of the north line
of Bismark Road t9 the north end of the cul-de-sac
an Plum Road, and the north side of Bismark Road
for a width of Eight and Five Tenths (8.5) feet
from the west line of Plum Road to the east line
of Spelts-Schultz Addition.
Said improvements shall be made in accordance with plans and
I
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specifications prepared by the Engineer for the City and approved
by the Mayor and City Council.
SECTION 4. The improvement shall be made at public cost,
but the cost thereof, including all intersections and spaces
opposite alleys, shall be assessed against the private property
within the District as provided by law.
SECTION 5. This ordinance shall be in force and take effect
from and after passage, approval and publication as provided
by law.
Enacted August;2~ , 1965.
~
President of the Council
Atte:t~?~
::; . ".t)
(ab .~
j~~,;J-1' ..kJ,..j~ ~1
/Yov.y
/ fil/1
Ordinance No. 4227
-
An ordinance to vacate the plat of Riverside Acres Addition, as
annexed to the City of Grand Island, Nebraska, as located in the Et of
.
I
Section 28, T 11 N, R 9 W of the 6th P.M., Hall County, Nebraska, without
retention of streets, alleys, or easements.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND,
NEBRASKA:
SECTION 1. James B. Beltzer and Anita B. Beltzer, being all of the
owners of Riverside Acres, an addition as annexed to the City of Grand
Island, Nebraska, having presented a vacation of the original plat of such
Riverside Acres addition, and petitioned this Council by proper ordinance
to vacate such plat and addition, the said existing plat of Riverside Acres
Addition as a subdivision of a tract of land in the East Half (Et) of Section
Twenty-Eight (28), Township Eleven (11) North, Range Nine (9) West of the
Sixth (6th) P.M., Hall County, and as an addition by annexations to the
City of Grand Island, Hall County, Nebraska, shall be, and hereby is,
I
vacated as authorized by Section 16-113, Revised Statutes of Nebraska,
Reissue of 1962.
SECTION 2. No street, alley, or easement within such original plat
of said Riverside Acres Addition shall be, or is, retained by the City of
Grand Island.
SECTION 3. A certified copy of this ordinance shall be, at the cost
of the said James B. Beltzer and Anita B. Beltzer, certified by the City
Clerk to the office of the Register of Deeds of Hall County, Nebraska.
SECTION 4. The "Replat of Riverside Acres, an Addition to the City
of Grand Island, Nebraska", as approved by the City Planning Commission
August 6, 1965, and consented to by the Board of Education of School District
No. 2 in Hall County, Nebraska, and certified by Thomas L. Jordan, Registered
I
.
Land Surveyor, be, and hereby is, accepted and approved.
SECTION 5. This ordinance shall be in force and take effect from and
after its passage, approval, and publication within thirty days in one issue
of the Grand Island Daily Independent, as by law provided.
Enacted this
.~~
day of AU~
President of the Council
ATTEST:
D.;r~
(;./ City Clerk
APPEO';~U
~. ... ,x.""~,,,"''''''>'l..
'C(~
-~ ,-'(?"}",,,,
-t;::.=-
-
ORDINANCE NO. 4228
An Ordinance amending Section 2 of Ordinance No. 4214 which
.
I
created Sanitary Sewer District No. 352 in the City of Grand Island,
Nebraska; re-defining the boundaries of Sanitary Sewer District No.
352; repealing original Section 2 of Ordinance No. 4214 and providing
the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. That Section 2 of Ordinance No. 4214 be amended to
read as follows:
"Section 2. Such sanitary sewer district shall include the following
lots and parcels of ground, to wit:
I
Beginning at the southeasterly corner of Holcomb Street
and Chanticleer Street; thence running west on the south line of
Holcomb Street to Riverside Drive; thence running south on the
east line of Riverside Drive to Cochin Street; thence running south-
easterly on the northeasterly line of Cochin Street to the easterly
line of Lot Seven (7), Block Three (3); thence running northerly on
the easterly line of said Lot Seven (7) to the southerly most corner
of Lot Twenty-three (23), Block Three (3); thence running northeasterly
on the southeasterly line of said Lot Twenty-three (23) and its north-
easterly prolongation to the northeasterly line of Brahma Street; thence
running Southeasterly on the northeasterly line of said Brahma Street
to the southerly line of Lot Eight (8), Block One (1); thence running
easterly on the southerly line of said Lot Eight (8), Block One (1),
to the southeast corner of said Lot Eight (8); thence running north
on the easterly line of Lots Eight (8) to Four (4) inclusive, Block
One (1), to the northeast corner of said Lot Four (4); thence running
east on the north line of Lot Eighteen (18), Block One (1) and its
prolongation to the east line of Chanticleer Street; thence running
north on the east line of Chanticleer Street to the point of beginn-
ing; said description includes Lots One (1) to Eight (8) inclusive
in Block One (1); Lots One (1) to Thirteen (13) inclusive, in Block
Two (2); Lots One (1) to Seven (7) inclusive, and Lots Twenty-three
(23) and Twenty-four (24), in Block Three (3), all lots being in
"Second Addition to Holcomb's Highway Homes Subdivision", in the City
of Grand Island, Nebraska."
SECTION 2. That original Section 2 of Ordinance No. 4214 as heretofore
existing be, and hereby is, repealed.
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SECTION 3. This Ordinance shall be in force and take effect from and
after its passage, approval, and publication within thirty days in one issue
of the Grand Island Daily Independent.
Enacted this
13th day of SeptemberC!1l' 1965, ~.
/A :.,c..l -""---
~ -_..-,. ~
President of the Council
r
APPROVED
\
\
-if) a. e'
- rJ.-f~
- "
ORDINANCE NO. 4229
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An Ordinance amending Section 2 of Ordinance No. 4215
which created Sanitary Sewer District No. 353 in the City of
Grand Island, Nebraska; re-defining the boundaries of Sanitary
Sewer District No. 353; repealing original Section 2 of Ordinance
No. 4215 and providing the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF GRAND ISLAND, NEBRASKA:
SECTION 1. That Section 2 of Ordinance No. 4215 be amended
to read as follows:
I
"Section 2. Such sanitary sewer district shall include the
following lots and parcels of ground, to wit:
Beginning at the northeast corner of Lot Twelve (12),
Block One (1); thence running west on the north line of
Lots Twelve (12) and Eleven (11) in said Block One (1)
to the northwest corner of said_Lot Eleven (11); thence
running northerly on the easterly line of Lot ~ine (9),
Block One (1), to the northeast corner of said Lot Nine
(9); thenc~ ~unning west on the northerly line of ~d
tot Nine (9) to the westerly line of Brahma Street;
thence runntng northwesterly on the westerly line of
Brahma Street to the most northerly corner of Lot Twenty-
two (22); Block Three (3); thence running southw'ester1y
on the Dorthwester1y line of said Lot Twenty-two (22) to
the most westerly corner of said Lot Twenty-two (22);
thence running southerly on the westerly line of Lot
Eight (8), Block Three (3) to the southwesterly corner
of said ~ot Eight (8); th~nce running southeasterly on
the northeasterly line of Cochin Street to Wyandotte
Street; thence running northeasterly on the northwesterly
line of said Wyandotte Street to the southeasterly corner
of ~d Block Three (3); thence running east on the north
line of said Wyandott~ Street to the east line of Chanticleer
Street; thence running north on the east line of said
Chanticleer Street to its intersection with the easterly
prolongation of the north line of Lot Twelve (12), Block
One (1); thence running west to the point of begiDning;
said_d~scription includes Lots Nine (9), Ten (10), Eleven
(11) and Twelve (12), Block One (1); aDd Lots Eight (8)
to ~wenty-two (22) tnc1usive, B19C~ Three (3), all lot9
being in "SecoIJd Addition to Holcomb's HighwSlY Homes
Subdivisi9n", in the City of Grand Island, ,Nebraska."
SECTION 2. That original Section 2 of Ordinance No. 4215
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as heretofore existing be, and hereby is, repealed.
SECTION 3. This Ordinance shall be in force and take effect
from and after its passage, approval, and publication within
thirty days in one issue of the Grand Island Daily Independent.
Enacted
this 13th day of Septembe~, 1965.
~~~
President 0 the Council
A& if /k-~ . ~
City Clerk
ORDINANCE NO. ~4230
An ordinance pertaining to zoning a certain area beyond the
corporate boundaries of the City of Grand Island, Nebraska, namely:
.
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Rezoning a part of the Northeast Quarter (NEt) of Section Thirty-Three
(33), Township Eleven (11) North, Range Nine (9) West of the 6th P.M.,
Hall County, Nebraska; changing the classification of such area from
A-Residence to B-Business classification; directing that such change
and reclassification be shown on the official zoning map of the City
of Grand Island, and amending the provisions of Ordinances numbered
3699, 3853, and 4023 to conform to such reclassification.
WHEREAS, the immediate and projected development in the herein-
after described area has produced multiple requests for rezoning from
A-Residence classification to B-Business classification;
WHEREAS, the Planning Commission of the City of Grand Island
on August 2, 1965, recommended that such hereinafter described area
be zoned from A-Residence classification to B-Business classification;
WHEREAS, the Boards of Education of Northwest High School and of
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School District No.4 in Hall County, after notice as required by
Section 79-4,151, R.S. Supp. 1963, have consented to such rezoning;
WHEREAS, notice of public hearing on October 4, 1965, on such change
in zoning classification has been published by the City Clerk in the
Grand Island Daily Independent one time, more than ten days prior to
such hearing date, and notice has been posted in conspicuous places on
and near the area proposed to be rezoned; and,
WHEREAS, said area was heretofore zoned and classified as A-Residence
district by Ordinances numbered 3699, 3853, and 4023, by authority of
Section 16-901, Revised Statutes of Nebraska, 1943, Reissue;
NOW, THEREFORE, after public hearing on October 4, 1965, the City
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Council finds that the area hereinafter specifically described should be
rezoned to B-Business classification.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND,
NEBRA.SKA:
- 1 -
ORDINANCE NO.
4230
(Cont'd)
.
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SECTION 1. That the area of land in the Northeast Quarter (NEt)
of Section Thirty-Three (33), 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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Beginning at a point Forty (40.0) feet West and Thirty-Nine
and Eight-Tenths (39.8) feet South of the Northeast corner of said
Section Thirty-Three (33), thence southerly along and upon a line
Forty (40.0) feet West of and parallel to the East line of said
Section Thirty-Three (33), a distance of One Hundred Ninety-Three
and Five-Tenths (193.5) feet; thence Easterly parallel to the North
line of said Section Thirty-Three (33), a distance of Forty (40.0)
feet, to the East line of said Section Thirty-Three (33); thence
Southerly along and upon said East line of Section Thirty-Three (33),
a distance of Eight Hundred Twenty-Four and Six-Tenths (824.6) feet;
thence deflecting right 91020' and running Westerly, a distance of
Three Hundred Thirty-Three (333.0) feet; thence running Northerly
parallel to the East line of said Section Thirty-Three (33), a
distance of Four Hundred Two (402.0) feet, to the South line of
Lake Street; thence Easterly along and upon said South line of
Lake Street, a distance of Three Hundred Thirty-Three (333.0) feet,
to the East line of said Section Thirty-Three (33); thence Northerly
along and upon said East line of Section Thirty-Three (33), a distance
of Sixty (60.0) feet; thence running Westerly along and upon the North
line of said Lake Street, a distance of Four Hundred Eighty-Three
(483.0) feet; thence running Northwesterly, a distance of One Hundred
Sixty-Two and Fifty-Five Hundredths (162.55) feet, to the Southeast
corner of Palu's Subdivision; thence Northerly parallel to the East
line of said Section Thirty-Three (33), a distance of Two Hundred
Twenty-Six and Five Tenths (226.5) feet; thence Easterly parallel
to the North line of said Section Thirty-Three (33), a distance of
Seventeen and Four Tenths (17.4) .feet; thence Northerly parallel
to the East line of said Section Thirty-Three (33), a distance of Two
Hundred and Seven Tenths (200.7) feet, to a point Forty-Seven and
Four Tenths (47.4) feet South of the North line of said Section
Thirty-Three (33); thence Easterly along and upon the Southerly right-
of-way line of U.S. Highway No. 34, a distance of Four Hundred Seven
(407.0) feet, to a point Forty-Nine and Three-Tenths (49.3) feet
South of the North line of said Section Thirty-Three (33); thence
Northerly parallel to the East line of said Section Thirty-Three (33),
a distance of Ten (10.0) feet, to a point Thirty-Nine and Three Tenths
(39.3) feet South of the North line of said Section Thirty-Three (33);
thence Easterly along and upon said Southerly right-of-way line of U.S.
Highway No. 34, a distance of One Hundred Twelve and Six Tenths (112.6)
feet to the place of beginning, and containing 9.94 acres more or less,
be, and the same is, rezoned and reclassified and changed to "B-Business
district".
SECTION 2. That the official zoning map of the City of Grand Island
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be, and the same is, hereby ordered changed and amended in accordance with
this ordinance.
SECTION 3. That the ordinances numbered 3699, 3853, and 4023, be,
and the same hereby are, amended to reclassify the above described area
as B-Business district.
- 2 -
ORDINANCE NO. ~j2JO
(Cont'd)
SECTION 4. That this Ordinance shall take effect, as by law
provided, from and after its passage, and publication within thirty
.
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days in one issue of the Grand Island Daily Independent.
t/
Enacted this
day of October, 1965.
bW Q~~ff~~'
C4w.~~ . ~ ~;;r~
President of the Council
ATTEST:
~~
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APPROVED
,flU -/J ~.
I/J~
ORDINANCE NO. 4231
An Ordinance creating Sanitary Sewer District No. 351 in
the City of Grand Island, Nebraska; defining the boundaries of
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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 pro-
vide the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF GRAND ISLAND, NEBRASKA %
SECTION 1. Sanitary Sewer District No. 351 of the City of
Grand Island, Nebraska, is hereby created for laying of sanitary
sewer main s .
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SECTION 2. Such sanitary sewer district shall include the
following lots and parcels of ground, to wit:
Beginning at the northeast corner of Lot Ten (10)
in Holcomb's Highway Homes; thence running sOl,1th
on the east line of said Lot Ten (10) and the east
line of Lot "B" in First Addition to. "Holcomb's
Highw'ay l1ome$". to the southeast corner of said
Lot "B"; thenc;e running w'est on the north line
of Holcomb Street to the southwest corner of
Lot Twenty-eight (28) in First Addition to
"Holcomb's Highway H9mes"; thence running north
9n the west line of said Lot Twenty-eight (28)
and the west line of Lot One (1) in Holcomb's
Highway Homes to the northwest c;orner of said
Lot One (1); thence running east on the south
Line of StQlley Park Road to the northeast
corner of Lot Ten (10) in Holcomb's Highway
Homes being the point.of beginning; said descrip-
tion includes Lots One (1) to Ten (10) inclusive
in Holcomb's Highway HOme$ and Lot$ Twenty-eight
(28) to Thirty-six (36) inclusive and Lot "B" in
Fir,$t Addition to "ijolGomb's Highway Homes" all
being in the City pf Grand Island, Nebraska.
SECTION 3. Said improvements shall be made in accordance
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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 con-
tracts entered into in the manner provided by law.
SECTION 4. The cost of construction of such improvements
shall be assessed against the property abutting upon the street,
avenue, alley, part thereof, easement, or other right-of-w'ay
- 1 -
ORDINANCE NO. 4231 (Contld)
.
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within which such sanitary sewer main has been so placed
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 con-
struction as soon as can be ascertained in accordance with
Section 16-669, R.R.S. 1943; 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 iss.ed for the
purpose of paying the cost of such sanitary sewer shall be
paid.
SECTION 5. This Ordinance shall be in force and take
I
effect from and after its passage, approval, and publication
within thirty days in one issue of the Grand Island Daily
Independent.
Enacted this
J/
day of ({) d
, 1965.
s2& (7~:;~-
(' ; "nv~'--(.l>~+.Y"~
ex officio Mayor
Attesth..
-Jq~
City Clerk
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~"":;~
.... ..._.,........., .,..~~",..~~....-,~;Ii.i:lI
~ u_d..~._,__..._L...~
1I'~'I.~:._JM.,~.~'. ..., "~ --
ORDINANCE NO. 4232
An Ordinance: Pertaining to zoning in the City of Grand Island,
Nebraska; changing the classification from "A-Residence" to ''M:obile
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Home Park District" of a tract of land comprising a part of Et of
the Et of the wt of the SEt of Sec. 4, T 11 N, R 9 W, Hall County,
Nebraska, contingent upon use authorized by Chapter 19A of Grand Island
City Code, Supp. 1963; directing such contingent change and reclassifi-
cation to be shown on the official zoning map of the City of Grand Island,
Nebraska; amending Appendix I - Zoning of the Grand Island City Code,
and all ordinances and parts of ordinances in conflict herewith; to
provide the effective date hereof.
~REAS, te proposed rezoning of the tract hereinafter described
was finally approved by the Planning Commission on September 27, 1965;
~REAS, the Board of Education of School District No. 2 in Hall
County, Nebraska, after notice as required by Sec. 79-4,151, R.S. Supp.
1963, is deemed to have failed to make written recommendation within
I
thirty days; and
WHEREAS, after public hearing on October 18, 1965, the City Council
found and determined that the zoning request be approved and granted;
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. That the following described real property located in
the East Half of the East Half of the West Half of the Southeast Quarter
(EtEtwtSEt) of Section Four (4), Township Eleven (11) North, Range Nine
(9), West of the 6th P.M., in Hall County, Nebraska, more particularly
described as follows:
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Beginning at a point on the South line of said Section Four
(4), said point being One Hundred Thirty (130.0) feet West of the
Southeast corner of said West Half (wt) of the Southeast Quarter
(SEt); thence Northerly parallel to the East line of said West Half
(wt) of the Southeast Quarter (SEt), a distance of Three Hundred
Seventy-three (373.0) feet; thence Easterly parallel to the South line
of said Section Four (4), a distance of One Hundred Thirty (130.0)
feet, to the East line of said West Half of the Southeast Quarter
WtSEt); thence Northerly along and upon said East line of the West
Half of the Southeast Quarter (WtSEt), to a point which is Six
Hundred Sixty (660.0) feet South of the North line of said Southeast
Quarter (SEt); thence Westerly parallel to said North line of the
Southeast Quarter (SEt), a distance of approximately Three Hundred
Thirty-Two and Sixty-six Hundredths (332.66) feet, to the West line
- 1 -
ORDINANCE NO. 4232 (Cont'd)
.
I
of said East Half of the East Half of the West Half of the
Southeast Quarter (EtEtWtSEt); thence Southerly along and
upon the West line of said East Half of the East Half of
the West Half of the Southeast Quarter (EtEtWtSEt), to the
South line of said Section Four (4); thence Easterly along
and upon said South line of Section Four (4), a distance of
Two Hundred Four and Eighty-seven Hundredths (204.87) feet
to the place of beginning, and containing 14.06 acres more
or less, of which 0.16 acres more or less are presently
occupied by county road right-of-way,
be, and the same is, hereby rezoned and reclassified and changed to
"Mobile Home Park District" classification.
SECTION 2. That the official zoning map of the City of Grand
Island be, and the same is, ordered to be changed, amended and completed
in accordance with this ordinance.
SECTION}. That the recommendation of the Planning Commission and
the finding of the City Council of the City of Grand Island, after public
hearing, are hereby accepted, adopted, and made a part of this ordinance.
SECTION 4. That such "Mobile Home Park District" described in
Section 1 hereof, is hereby zoned for use only and exclusively as a
I
''Mobile Home Park" qualified and licensed under Chapter 19A, Grand Island
City Code, and no other use thereof shall be permitted.
SECTION 5. That each section and each provision or requirement of
each section of this ordinance shall be considered separately, and the
invalidity of any portion hereof shall not affect the validity or enfor-
cibility of any other portion.
SECTION 6. That this ordinance shall take effect, as by law provided,
from and after its passage, and publication within thirty days in one issue
of the Grand Island Daily Independent.
Enacted this
//1{
day of O~~~,
, 1965.
I
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~
President of the Council
ATTEST:
n~~-~
City Clerk
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~D
rc~
-.....~-c.:~~~
ORDINANCE NO. 4233
An ordinance pertaining to zoning a certain area beyond the
.
I
corporate boundaries of the City of Grand Island, Nebraska, namely:
Rezoning a tract in the Northwest Quarter of the Southwest Quarter
(NWtswt) in Section Four (4), Township Eleven (11) North, Range Nine (9)
West of the 6th P.M., Hall County, Nebraska; changing the classification
of such area from A Residence to Industrial classification; directing
that such change and reclassification be shown on the official zoning
map of the City of Grand Island, and amending the provisions of Ordinances
numbered 3699, 3853, and 4023 to conform to such reclassification.
WHEREAS, the immediate and projected development in the herein-
after described area has produced multiple requests for rezoning from
A-Residence classification to Industrial classification;
WHEREAS, the Planning Commission of the City of Grand Island on
July 23, 1965, recommended that such hereinafter described area be zoned
from A-Residence classification to Industrial classification;
I
WHEREAS, the Board of Education of School District No. 2 in Hall
County, after notice as required by Section 79-4,151, R.S. Supp. 1963,
has consented to such rezoning;
WHEREAS, notice of public hearing on October 18, 1965, on such change
in zoning classification has been published by the City Clerk in the Grand
Island Daily Independent one time, more than ten days prior to such hearing
date, and notice has been posted in conspicuous places on and near the
area proposed to be rezoned; and
WHEREAS, said area was heretofore zoned and classified as A-Residence
district by Ordinances numbered 3699, 3853, and 4023, by authority of
Section 16-901, Revised Statutes of Nebraska, 1943, Reissue;
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NOW, THEREFORE, after public hearing on October 18, 1965, the City
Council finds that the area hereinafter specifically described should be
rezoned to Industrial District classification;
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND,
NEBRASKA:
SECTION 1. That the area of land in the Northwest Quarter of the
Southwest Quarter (NWtSWt) in Section Four (4), Township Eleven (11) North,
Range Nine (9) West of the Sixth P.M., Hall County, Nebraska, more parti-
cularly described as follows:
- 1 -
ORDINANCE NO. 4233 (Cont'd)
.
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A tract of land being the Northwest Quarter of the South-
west Quarter (NWtSWt) in Section Four (4), Township Eleven (11),
North, Range Nine (9) West of the 6th P.M., in Hall County,
Nebraska,
be, and the same is, rezoned and reclassified and changed to "Industrial
District".
SECTION 2. That the official zoning map of the City of Grand Island
be, and the same is, hereby ordred changed and amended in accordance with
this ordinance.
SECTION 3. That the ordinances numbered 3699, 3853, and 4023, be,
and the same hereby are, amended to reclassify the above described area
as "Industrial" district.
SECTION 4. That this ordinance shall take effect as by law provided,
from and after its passage, and publication within thirty days in one
issue of the Grand Island Daily Independent.
Enacted this
/ f
day of
", /
~'""">~-'"
, 1965.
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President of the Council
ATTEST:
;7' j~~'-''--ev
City Clerk
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ORDINANCE NO. ~234:
AN ORDINANCE AUTHORIZING AND PROVIDING E'OR THE
ISSUANCE AND SALE OF SEVEN HUNDRED THOUSAND DOLLARS
($700,000) SANITARY SEWERAGE REVENUE BONDS OF THE
CITY OF GRAND ISLAND~ NEBRASKA~ FOR 'IRE PURPOSE OF
l?AYING THE COSTS OF EXTENDING AND I1MF'ROVING THE
SANITARY SEWERAGE SYSTEM OF SAID CITY; :PRESCRIBING
THE DETAILS .oF. SAID BONDS ; LIMITINGF'AYMENT OF SAID
BONDS SOLELY TO THE REVENUES TO BE. DERIVED FROH THE
OPERATION OF SAID SYSTEM; AND MAKING APPLICABl.E TO
SAID BONDS ALL THE TERMS, PROV!SIONS~ COVENANTS AND
CONDITIONS APPLICABLE TO ADDITIONAL BONDS ISSUED
PURSUANT TO SECTION 17 OF ORDINANCE NO. 4131 m" THE
CITY OF GRAND ISLAND.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF l'HE CITY' OF' GRAND
ISLAND:
SECTION 1. FINDINGS AND DETEIDiiINATIONS.
The Mayor and
"
Council of the City of Grand Island hereby find and detennine: The
City of Grand Island now o~~s and operates a sewerage system for the
removal, discha.rge, conduc.tion ~ carryh,gjl tr€i8.tment ~ purification
and disposal, in a sanitary manner c\f tb.e. liqui.d. and solid wastes,
sewa.ge and night soil of the City. The Ci.ty has, hBld its mvn engineel:'s
and also special engineers employed for' that, pux:pose, make a survey
of said sewerage system, and in or.der r..:o prote'=t. the health of the
inhabitants of the City it is necessary that said isysterm be ex.tended
and improved, the cost of whi,c.h extensioru::.: and l:Bjp:('ovements will
be not less than Seven Hundred Thousand Dol1.ar~, ($700J1 000), The
City has heretofore issued pursuant to: O,,t'di:nance No o~\131 and now
has outstanding sanitary se'itl7erage I'evenue bon,dB; !?&jrable solely
from the revenues of said sanitary sE!i"t'JiE:rage systi:~:m~ ,\,,,rhi.ch ordinance
contains provisions which pexmit the issuance of additional revenue
bonds secured ratably and equally by the t:evenu,es; of Baid system upon
compliance with the terms and conditions of su(:;h p-:t'ovisions 0 In
order to pay all or part of the costs of the afcfr:esa:td eX.tensions
and improvements to said sanitary sewerage system, it is: oe'cessary
and desirable for the City to issue it.s honds p,!';1!.yablI.1 f'r.:om th.e
revenues of said system on a pa:r'ity wi.th the afon1.sa.id. (1Iut.standing
.
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bo~ds, and the City has been advised by its accountants, engineers
and financial advisors that the terms and conditions of Ordinarnce
No. 4131 for the issuance of such parity ):'evenue bonds can be met.
SECTION 2. DEFINITIONS. As used in this Ordinance the
term "Outstanding Bonds" shall mean all Sanitary Se.werage Revenue
Bonds at any time outstanding heretofore issued pursuant to Ordinance
No. 4131; "1965 Bonds" shall mean the Seven Hundred Thousand Dollars
($700,000) principal amount Sanitary Sewerage Revenue Bonds~ Series
of 1965, authorized to be issued in Section 3 of this Ordinance at
any time outstanding; "sanitary sewerage ,systemlU or "system'. shall
mean and include the sanitary sewerage system of the City of Grand
Island, including its disposal plant or plants, and all extensions
and improvements thereof and thereto; and HSewer Revs:I1Iue Fund",
"Sewer Revenue Bond Account" and "Sewer Revenue Bond Reserve Account"
shall mean respectively the City of Grand Island Sewer Revenue Fund,
and the Sewer Revenue Bond Account and Sewer Revenue Bond Reserve
AccouQttherein, heretofore created and established by Ordinance
No. 4131. All other terms used herein which are defined in Ordinance
No. 4131 shall have the same meanings as defined in said Ordinance
No. 4131.
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Payable August I, 1966 and semi-annually thereafter each February 1
and August 1 at a rate or rates not exceeding five per cent (5%) per
annum as shall ~e fixed by resolution of this Council at the time
of sale of said bonds, and shall mature serially in numerical order
on August 1 in each of the years and in the amounts as follows:
Year
l?rincipal
Amount
Principal
Amount
Year
Principal
Amount
. Year
1968
1969
1970
1971
1972
1973
1974
1975
1976
1977
$ 5,000
10,000
10,000
15,000
10,000
10,000
15,000
10,000
15,000
15,000
$15,000
15,000
20,000
15,000
20,000
15,000
20,000
15,000
20,000
$20,000
:20,000
20,000
25,000
20,000
20,000
25,000
25,000
125,000
130,000
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
Both principal and interest of the 1965 Bonds shall be payable at the
office of the County Treasurer of Hall County, Nebraska, in the City
of Grand Island, Nebraska, in'such coin or currency which at the time
of such payment is legal tender for public and private debts.
The 1965 Bonds maturing on or prior to August I, 1970,
shall not be redeemable prior to the stated maturities thereof. The
1965 Bonds maturing on August I, 1971 and thereafter shall be subject
\
to redemption at the option of the City of Grand Island on December I,
,. 1970, or at any time thereafter, in whole, or in part from time to
time in inverse order of their serial numbers, Bonds bearing a higher
serial number being redeemed before Bonds bearing lower serial
numbers, at the following redemption prices expressed as a percentage
of the principal amount to be redeemed, together with the interest
accrued,on such principal amount to the date fixed for redemption:
Period Durinq Which Redeemed
On and after December I, 1970 to and including
July 31, 1974
Thereafter to and including July 31, 1978
Thereafter to and including July 31, 1982
Thereafter to and including July 31, 1986
Thereafter to and including July 31, 1990
Thereafter and prior to maturity
Redemption Price
103
102-1/2
102
101-1/2
101
100-1/2
In the event the City shall exercise the option herein reserved to
redeem 1965 Bonds, it shall cause notice of such redemption, giving
the serial number of each Bond so called, to be published once in
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The Daily Bond Buyer, a financial paper published in the City of
New York, N. Y., or in lieu thereof :tn som~l other financial paper
published and of general circulation In th~; Ci.ty of New York~ N. Y.,
and once in a newspaper of general circulrdit:tc)!'IJ in the City of
Grand Island, such publication in each Ca,!;f,e to be at least thirty
days prior to the date of redemption stated, therein. If sai.d Bonds
shall have been duly called and funds; s;\uffiA:.ient for. the redemption
thereof shall have been deposited with the County Treasurer of Hall
County on or prior to the date of redemptfot1l~ interest on the Bonds
so called for redemption shall cease on the date fi.xed for redemption.
All bonds so redeemed shall be cancelled and not n:dss,ue.d.
SECTION 4. EXECUTION AND FORM OF 1965 BONDS) COUPONS AND
REGISTRATION CERTIFICATES. The 1965 Bonds ,shall be executed on
behalf of the City of Grand Island by being signed. by the Mayor and
its corporate seal affixed thereto attested by its City Clerk, and
coupons pertaining theJ;eto shall be executed by having impri.nted
thereon the facsimile signatures of the Mayor ;and City Clerk, and
by signing said Bonds the Mayor and City Clerk shall be deemed to
have adopted as their own proper signatures thei2~ facsimile signatures
imprinted on the coupons appertaining to said Bonds.
The 1965 Bonds shall be issued in c.oupon fonn only, and
said Bonds, the interest coupons pertaining therlt~to and forms for
registration in the office of the Auditor of Public Ac.counts and the
office of the County Clerk of Hall County shall be in substantially
the form of bond, coupon and certificates of 'lC'e~gistr8jti.on set. forth
in Section 4 of Ordinance No. 4131, with su~h insertions t.herein,
omissions therefrom and variations theret,(J as the officers executing
the same, being advised by the city attorney, may deem necessary and
advisable to reflect the provisions of this or.dinance ~nd applicable
law; provided, the form of certificate of registration by the
Auditor of Public Accounts may be worded so iSJS to permit the execution
thereof by said Auditor or his deputy.
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SECTION 5. PAYMENT OF 1965 BONDS; CREDITS TO SEWER REVENUE
BOND ACCOUNT AND SEWER REVENUE BOND RESERVE ACCOUNT 0 The 1965 Bonds
shall not be a general obligation of the: Ci.ty (jf (Graind IsIBJrnd and
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. shall not constitute a general debt. of s-a:i.d CiL t Y or impose any general
I liability thereon, but shall be payable~ solely QJut of and secured only
by the revenues derived from the rates, r~l1t8Jls and charges made for
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the use and services of the sanitary sew~rage system of the City,
which revenues are hereby pledged for the PUi:1i(;,tual pe,lyment. of said
Bonds and the security thereof in acc!ord,anc€, v.'ith the provisions of
Ordinance No. 4131 and this ordinance. The 1965 Bonds shall be
payable from said revenues on ,Ii parity with the: Outstanding Bonds
and shall be equally and ratably secured therewit.h.
In addition to the payments and ~:.redi.ts require:d by Ordinance
No. 4131 to be made from the moneys in the Sewer Revenue Fund to the
Sewer Revenue Bond Account and the Sewer Revenue Bond Reserve Account,
there shall also be paid and credited from tbe moneys in the Sewer
Revenue'Fund the following amounts at the following times~
(a) On or before the first day of tbe month following the
month in which the 1965 Bonds are taken up and paid for~ and on or
before the first day of each calendar month thereafter so long as
any 1965 Bonds are outstandi.ng, there shall be cr.edited to the Sewer
Revenue Bond Account from moneys in the Sewer Revenue Fund an amount
such that, if the same amount were so paid and credi.ted to said
account on the first day of each succeeding calendar month thereafter
prior to the next date upon which Bn install::ntmt of interest falls
due on the 1965 Bonds, the aggregate of the amounts so paid and
credited to said account will on each such i.nt.e:rest payment date be
equal to the installment of interest then falling due on all the
1965 Bonds then outstanding. On or before August l~ 1961~ and on or
before the first day of each calendar month thereafter so long as any 1965
Bonds are outstanding, there shall also be credited to the Sewer Revenue
Bond Account from moneys in the Sewer RevenuE'! Fund is,n ,;Jdditiona.l amount
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such that, if the same amount were so paid and credited to said
account on the first day of each succeeding calendar month thereafter
prior to the next date upon which a:r.lY 196,) Eond$ m.ature~ the agg:t'egate
of, the .dditiona1amounts so paid and credited to said acc~untwill
on each such maturity date be equal to the principal amount of 1965
Bonds maturing on such date. Moneys credited to the Sewer Revenue
Bond Accoun,t shall be transferred to the: County T'reasurer of Hall
County in such amounts and at such times .t:lIS shall be necessary to pay
as the same become due and payable the principal and interest on all
Bonds payable from said account.
(b) On or before the fifth day of the month. following the
month in which the 1965 Bonds are taken up Bnd paid for, and on or
before the fifth day of each calendar month thereafter,~ to and
including the month of July, 1968, there shall be credited to the
Sewer Revenue Bond Reserve Account from moneys in the Sewer Revenue
Fund an amount such that, if the same amount were so paid and credited
to said account on the fifth day of each succeeding calendar month
prior to August, 1968, the aggregate of the amounts so paid and
credited to said account will on August 1, 1968 be e.qual to the
maximum annual principal and interest requi,rements on all 1965 Bonds
then outstanding. The moneys to the credit of the Sewer Revenue
Bond Reserve Account shall be held and used as provided in Ordinance
No. 4131.
SECTION 6. APPLICABILITY OF PROVISIONS OF ORDINANCE
NO. 4131 TO 1965 BONDS. The 1965 Bonds are hereby determined to be
"Additional Bonds issued pursuant to Section 17H of Ordinance No. 4131
within the meaning of such words as defined and used in that ordinance,
and all of the provisions of sa,id Orditu:1lnce No. 4131 applicable to
Additional Bonds issued pursuant to Section 11 thereof or applicable
to bonds of the City payable on a parity with the Bonds authorized
by that ordinance and equally and ratably secured therewith~ shall be
applicable to the 1965 Bonds and are made a part hereof for the
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benefit and security of the holders from t:ime to time of the 1965
Bonds as though fully set forth herEdn~ i,nclud:lng~ without limiting
the generality of the foregoing>> all provi~ions of Ordinance No. 4131
relating to the establishment and maint~.maniCe of rentals, rates and
charges; the pledge, collection, deposit fimld 8Jpplication of the
revenues of the sanitary sewerage system raJIlld the maintenance of all
the special funds and accounts as ther~i::!J pro,vided; iIwe.stmernt of
moneys; the maintenance and operation of the g,anitar'Y sewerage system;
books and accounts and audits; insurance; the restrict:tons of
Section 17 of Ordinance No. 4131 upon the issuance of IOAdditiona1
Bonds"; the amending of Ordinance No. 41:3\1,; &md all other covenants,
terms and conditions contained in Ordi.uailt11ce: No. 4131 for the benefit
and security of "Additional Bonds issued put's\Uant to Section 1.7" of
said Ordinance, as said words are defined and used therein.
So long as any of the 1965 Bonds are outstanding, this
ordinance and Ordinance No. 4131 shall constitute a contract of the
City with every holder from time to ti,ime of sai.d Bonds Sind the
coupons pertaining thereto, enforceable as provided in Section 21
of said Ordinance No. 4131. The CityUs obligations under this
ordinance or under Ordinance No. 4131 and the liens~ pledges 9 dedica-
tions, covenants and agreements of the Cit.y herein or therein made
or provided for, shall be fully di.scharged and s.eJti,sfied as to any
1965 Bond, and said Bonds shall no longer be deemed outstanding here-
under or thereunder, if such Bonds shall bave been purchased and
cancelled by the City, or as to any of said B~)nds not the.retofore
purchased and cancelled by the City, whEm paYli1riOSnJit of the principal
of and any applicable redemption premium on suc.h Bond, plus interest
thereon to the date of maturity or redemption (a) shall have been
made or caused to be made in accordance with the terms the'reof, or
(b) shall have been provided in accordance with the terms, provisions
and conditions of Section 23 of Ordinance No. 4131.
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SECTION 6. SALE OF 1965 BONDS; APPLICATION OF PROCEEDS
OF SALE. The 1965 Bonds shall be offere,d for publi.c s,ale for not
less than par on such date as shall be fixed by this Council by
resolution. The City Clerk shall cause to be published not less
than five days before the said date of :s~le~ in al newspaper Oif
general circulation in the City of Grand Island Bnd in a financial
newspaper published in either of the Ci.tle.r~ of Ne:w York3 New York))
or Chicago, Illinois, a Notice of Sale-of s,91id Bonds substantially
in the form to be fixed by this Counci.l by re,~wlution 0 Thi.s Council
shall meet on the day and at the time fi.xed by it for said sale in
order to consider and act upon any bids recel.ved' for said Bonds ~ and if
any of the bids therefor be accepted'l to adopt a resolution fixing the
denomination of said Bonds and the interest rates to be borne thereby,
and making stich findings and determinat:.i"ons ~ if allY l> as ma.y be required
by Section 17 of Ordinance No. 4131~ arr:H1 to ta,ke 8l.ny (other a.ction
required with respect to said Bonds.
In the event of the sale of the 1965 Bonds, the proceeds of
such sale, including the interest accrued on said Blonds frorn their
date to the date of payment therefolr, sha.l1 be paid to the City
Treasurer. The City Treasurer shall deposit fx'om such proceeds in
the Sewer Revenue Bond Account an amount equ\eJl to such Bel\:. rl.led
interest, which amount shall be allowed for whem the credit.s to said
account required by Section 5 hereof are madf~. The b.aJlance of said
proceeds shall be deposited by the City Treasurer i.n tbe Sewer Revenue
Construction Account established by Section 19 af Ordinance No. 4131,
to the credit of a separate sub-'Bccmmt therein hereby cre8.lted3 to
be known as the "1965 Construction Accounei ~ alnd shall be used and
applied solely for the purpose for which the 1965 Bonds are issued.
Withdrawals from the 1965 Construction Account snaIl be made. only
in the manner provided by said Section 19 of Ordinance No. 4131 for
the withdrawals of money from the Sewer Revenue Construction Account.
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SECTION 7. EFFECTIVENESS OF THIS ORDINANCE. This ordinance
shall be in full force and effect fr.om .and gfte:r its passage as
provided by law.
JOHN DITTER
Introduced by ~
Adopted NOVEMBER 1, ~ 1965, by
The City Council of the City of
Grand Island
Approv'ed on
~ 1965
NOVEMBER 1,
[SEAL]
ATIEST:
!ft;;~
Island
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ORDINANCE NO. 4235
An ordinance pertaining to zoning certain areas beyond the
corporate boundaries of the City of Grand Island, Nebraska, namely:
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Certain tracts in Sections 15, 10, and 11, all in Township Eleven (11)
North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska;
changing the classification of such areas from A-Residence to Industrial
classification; directing that such change and reclassification be
shown on the official zoning map of the City of Grand Island, and amend-
ing the provisions of Ordinances numbered 3699, 3853, and 4023 to conform
to such reclassification.
~REAS, the immediate and projected development in the herein-
after described areas involves multiple requests for rezoning from
A-Residence classification to Industrial classification;
~REAS, the Henningson, Durham and Richardson General Development
Plan (January 1964) as adopted by this Council on October 19, 1964, considers
as adapted to industrial use the areas approximately hereinafter described;
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WHEREAS, the Planning Commission of the City of Grand Island on
September 13 and September 27, 1965, recommended that such hereinafter
described area be zoned from A-Residence classification to Industrial
classification;
WHEREAS, after notice as required by Section 79-4,151, R.S. Supp.
1963, the Board of Education of School District No. 74 has consented to
such rezoning; the Board of Education of Northwest High School has approved
such rezoning with recommendation; and School District No. 1 is deemed to
have failed to make written recommendation;
WHEREAS, notice of public hearing on November 15, 1965, on such
change in zoning classification has been published by the City Clerk in
the Grand Island Daily Independent one time, more than ten days prior to
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such hearing date, and notice has been posted in conspicuous places on
and near the areas proposed to be rezoned; and
~REAS, said areas were heretofore zoned and classified as A-Residence
district by Ordinances numbered 3699, 3853, and 4023, by authority of
Section 16-901, Revised Statutes of Nebraska, 1943, Reissue;
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ORDINANCE NO. 4235 (Cont'd)
NOW, THEREFORE, after public hearing on November 15, 1965, the
City Council finds that the areas hereinafter specifically described
should be rezoned to Industrial District classification;
BE IT ORDAINED BY THE JlllAYOR AND COUNCIL OF THE CITY OF GRAND
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ISLAND, NEBRASKA.:
SECTION 1. That the several tracts of land within the area one mile
beyond and adjacent to the corporate boundaries of the City of Grand Island
and particularly described as follows: A tract of land in the East Half of
the North Half (EtNt) and the East Half of the West Half of the North Half
(EtWtNt) of Section Fifteen (15); the East Half of the Southeast Quarter
(EtSEt) and the Southwest Quarter of the Southeast Quarter (SWtSEt) of
Section Ten (10); the Southwest Quarter (swt), the Southeast Quarter of the
Northwest Quarter (SEtNWt), the North Half of the Southeast Quarter (NtSEt),
the South Half of the Northeast Quarter (StNEt), and the Northeast Quarter
of the Northeast Quarter (NEtNEt) of Section Eleven (11), all being in
Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County
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Nebraska, more particularly described as follows:
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Beginning at the northeast corner of said Section Fifteen (15);
thence running south on the east line of said Section Fifteen (15) to
a point sixty-six (66) feet north of the south line of the Northeast
Quarter (NEt) of said Section Fifteen (15); thence running west on a
line parallel to and sixty-six (66) feet north from the south line of
the Northeast Quarter (NEt) of said Section Fifteen (15) to the north-
easterly line of the Chicago Burlington and Quincy Railroad Company
right-of-way; thence running northwesterly on the northeasterly right-
of-way line of the Chicago Burlington and Quincy Railroad Company to
the northeasterly line of Original Town, now City of Grand Island,
Nebraska; thence running northwesterly on the northeasterly line of
said Original Town to the southeasterly line of South Front Street;
thence running on the northeasterly prolongation of the southeasterly
line of said South Front Street to the west line of the Southeast Quarter
of the Southeast Quarter (SEtSEt) of said Section Ten (10); thence
running north on the west line of the Southeast Quarter of the Southeast
Quarter (SEtSEt) of said Section Ten (10) to the northwesterly right-of-
way line of the Union Pacific Railroad Company; thence running north-
easterly on the northwesterly right-of-way line of the Union Pacific
Railroad for a distance of five hundred three and ninety-one hundredths
(503.91) feet; thence deflecting left seventy-five degrees twenty-three
minutes and forty seconds (750 23' 40") and running on a line to the
southeasterly line of Fourth Street as Deeded to the City of Grand Island
on October 26, 1959, and Recorded in Deed Book 129 at Page 425 in the
Office of the Hall County Register of Deeds; thence running northeasterly
on the northeasterly line of said Fourth Street and its prolongation to
the north line of the Southwest Quarter (swt) of said Section Eleven (11);
thence running east on the north line of the Southwest Quarter (swt) of
said Section Eleven (11) to the northwesterly right-of-way line of the
Union Pacific Railroad Company which right-of-way line is one hundred
(100) feet perpendicular from the center line of the east bound mainline
track of said railroad;
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thence running northeasterly on the northwesterly right-of-way
line of the Union Pacific Railroad Company to the west line of
the Northeast Quarter (NEt) of said Section Eleven (11); thence
running north on the west line of the Northeast Quarter (NEt) of
said Section Eleven (11) to the northwesterly right-of-way line
of the Union Pacific Railroad Company which right-of-way line is
two hundred (200) feet perpendicular from the center line of the
east bound mainline track of said railroad; thence running north-
easterly on the northwesterly right-of-way line of said railroad
to the east line of Section Eleven (11); thence running south on
the east line of said Section Eleven (11) to the center line of
U.S. Highway No. 30; thence running southwesterly on the center
line of U. S. Highway No. 30 to its intersection with the south
line of the Northeast Quarter (NEt) of said Section Eleven (11);
thence running west on the south line of the Northeast Quarter
(NEt) of said Section Eleven (11) to the east line of the North-
west Quarter of the Southeast Quarter (WWtSEt) of said Section
Eleven (11); thence running south on the east line of the North-
west Quarter of the Southeast Quarter (WWtSEt) of said Section
Eleven (11) to the center line of U. S. Highway No. 30; thence
running southwesterly on the center line of U.S. Highway No. 30
to the west line of said Section Eleven (11); thence running
south on the west line of said Section Eleven (11) to the point
of beginning; and
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A tract of land lying between the northwesterly right-of-
way line of the Union Pacific Railroad Company and the south-
easterly line of Fourth Street as deeded to the City of Grand
Island, said tract beginning on the northwesterly right-of-way
line of the Union Pacific Railroad Company five hundred three and
ninety-one hundredths (503.91) feet northeasterly from the west
line of the Southeast Quarter of the Southeast Quarter (SEtSEt)
of said Section Ten (10); thence deflecting left seventy-five
degrees twenty-three minutes and forty seconds (750 23' 40")
and running on a line to the southeasterly line of said Fourth
Street; thence running northeasterly on the southeasterly line
of said Fourth Street a distance of two hundred one and forty-
seven hundredths (201.47) feet; thence deflecting right ninety-
nine degrees fifty-nine minutes and thirty seconds (990 59' 30")
and running southeasterly to the northwesterly right-of-way line
of the Union Pacific Railroad Company; thence deflecting right
ninety-two degrees, twenty-two minutes and th:i:rty seconds (920 22' 30")
and running southwesterly on the northwesterly right-of-way line
of the Union Pacific Railroad Company for a distance of three
hundred seventy-seven (377) feet to the point of beginning,
be, and the same are, hereby rezoned and reclassified and changed to
"Industrial District".
SECTION 2. That the official zoning map of the City of Grand
Island be, and the same is, hereby ordered changed and amended in
accordance with this ordinance.
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SECTION 3. That the ordinances numbered 3699, 3853, and 4023, be,
and the same hereoy are, amended to reclassify the above described areas
as "Industrial District".
SECTION 4. That this ordinance shall take effect as by law provided,
from and after its passage, and publication within thirty days in one
Enacted this
Island Daily Independent.
~ 1 day of 7~e-ll-<-,--,-,JL,-/~- 1965.
c7r;i/7t~~~~
President of the Council
issue of the Grand
ATTEST:. r}:J/)-"'", . _ ,.
.' r/ JVLA_/L--~- '1...../
./1/ /' 01 tji Ole! k
ATTEST:L/
ORDINANCE NO. 4236
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An Ordinance: Pertaining to zoning in the City of Grand Island,
Nebraska; changing the classification from A-Residence to B-Residence
of Lots 1 through 6 and 49 through 54, Belmont Addition to the City of
Grand Island, Hall County, Nebraska; directing that such change and
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reclassification be shown on the official zoning map of the City of
Grand Island, Nebraska; and amending Appendix I - Zoning, of the Grand
Island City Code and all ordinances and parts of ordinances in conflict
herewith.
~REAS, the proposed zoning of such lots was approved by the
Planning Commission on September 27, 1965; and
WHEREAS, the Board of Education of School District No.2 in Hall
County, Nebraska, after thirty days notice as required by Section 79-4,151,
R.S. Supp. 1963, has consented to such request for zoning;
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That the following described real property located in
the City of Grand Island, Hall County, Nebraska, to wit:
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Lots 1, 2, 3, 4, 5, and 6, and 49, 50, 51, 52, 53,
and 54, Belmont Addition to the City of Grand Island,
be, and the same is, hereby rezoned and reclassified and changed to
"B-Residence" 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 recommendations of the Planning
Commission and the School District of the City of Grand Island, and the
City Council after public hearing on November 15, 1965, are hereby
accepted, adopted, and made a part of this Ordinance.
SECTION 4. That Appendix I - Zoning, of Grand Island City Code,
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and all ordinances and parts of ordinances in conflict herewith are
hereby amended to reclassify such Lots 1 through 6 and 49 through 54,
Belmont Addition to the City of Grand Island, 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 thirty days in one issue
of the Grand Island Daily Independent.
Enacted this
:Z~~
day
of Nove.m~..r, 19:'C-~t~
("~) ?t<-i~~~'"
President of the Council
A~;J. ~
City Clerk
~:...'""".=..
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ORDINANCE NO. 4237
An ordinance amending the Subsections entitled "Police Department"
and "Health Department" of Section 1 of Ordinance No. 4216 of the
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ordinances of the City of Grand Island, Nebraska, as published in
pamphlet form; removing the position of Animal Warden from the Police
Department to the Health Department and fixing the complement, ranges
of compensation ad hours of work time for said Animal Warden; providing
for the publication of this ordinance in pamphlet form; and repealing
the Subsections entitled "Bolice Department" and "Heal th Department'~
of Section 1 of Ordinance No. 4216 and all other 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. That the Subsection entitled "Police Department" of
Section 1 of Ordinance No. 4216 of the ordinances of the City of Grand
Island, Nebraska, as published in pamphlet form be amended to read as
I " Police Department
Meter Maids 6 225 237 249 262 274 289 3 40
Patrolmen 20M 365 375 385 395 405 22 40
Sergeants 23 396 415 436 4 40
Lieutenants 26 405 425 447 469 2 40
Captains 33 458 481 505 530 557 5 40
Chief 39 530 557 584 613 644 1 Unlimited "
SECTION 2. That the Subsection entitled "Health Department" of
follows:
Section 1 of Ordinance No. 4216 of the ordinances of the City of Grand
Island, Nebraska, as published in pamphlet form, be amended to read as
follows:
" Health Department
Stenographer 14 274 289 302 317 333 350 1 40
Laboratory Techn. 15 281 295 310 325 341 359 1 40
Dir. of Laboratory 34 447 469 493 517 543 570 1 40
I Public Health Nurse 22 333 350 368 386 405 425 2 40
General Sanitarian 16 289 302 317 333 350 368 1 40
Milk Sanitarian 16 289 302 317 333 350 368 1 40
. Food Sanitarian 21 325 341 359 377 396 415 1 40
Physican 17 295 310 325 341 359 377 1 40
Animal Warden 17 295 310 325 341 359 377 1 40
Dir., of Environmental
Health 39 505 530 557 584 613 644 1 Unlimited
(These scales are total salaries whether paid by City, County, or State) "
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ORDINANCE NO. 4237 (Cont'd)
SECTION 3. That the Subsections entitled "Police Department"
and "Health Department" of Section 1 of Ordinance No. 4216 of the
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ordinances of the City of Grand Island, Nebraska, as published in
pamphlet form, as heretofore existing be, and hereby are, repealed,
and that all ordinances or parts of ordinances or provisions in the
Grand Island City Code in conflict with the provisions of this ordinance be, and
the same are, hereby repealed.
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. That this ordinance shall take effect on the 16th day
of November, 1965.
SECTION 6. That this ordinance is hereby directed to be published
in pamphlet form and attached to Ordinance No. 4216 as an amendment
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thereto and is to be distributed as directed by the President of the
Council.
Enacted this
'2;?
day of ~
, 1965.
Q,/ (.T;)p--
c::::/(pl/v/~1.-~~~~44.,__
President of the Council
ATTEST:
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ORDINANCE NO. 42)8
An ordinance limiting and regulating the construction, installation,
operation, and maintenance within the corporate limits of the City of Grand
Island of wired or cabled television and radio systems and services; providing
for non-exclusive franchises for not to exceed twenty-five (25) years, and
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the conditions thereof; prescribing penalties for such construction, install-
ation, operation, or maintenance without franchise, and for the violation of
such regulations and conditions; and providing the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND
ISLA.ND, NEBRA.SKA.:
SECTION 1. Short T~.
This ordinance shall be known and may be cited as "Grand Island CATV
Ordinance".
SECTION 2. City Council.
The authority to issue franchises authorizing wired or cabled television
or radio systems within the corporate limits of the City of Grand Island is
hereby reserved unto the City Council of such City.
SECTION 3. All franchises issued pursuant to this ordinance shall be
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non-exclusive and for a term not to exceed twenty-five (25) years.
SECTION 4. ~i tation on QQnstruction.
It shall be unlawful for any person, firm, or corporation, to construct,
install, operate, or maintain in or along the streets, alleys, and public
ways, or elsewhere within the corporate limits of the City of Grand Island,
a wired or cabled television or radio system without first obtaining from
such City of Grand Island a franchise authorizing the same.
SECTION 5. Every person, firm, or corporation applying for a franchise
to construct, install, operate, or maintain within the corporate limits of
the City of Grand Island, pursuant to this ordinance, must file with the
City Clerk, notice of his, their, or its acceptance of the provisions of
this ordinance and a covenant and agreement that such franchise, if granted,
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shall be subject to the provisions and conditions of Sections 6 and 21,
inclusive, of this ordinance, and amendments thereto.
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ORDINANCE NO. 4238 (Cont'd)
SECTION 6.' Definitions.
For the purposes of this Ordinance, the following terms, phrases, words,
and derivations shall have the meaning given herein. When not inconsistent
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with the context, words used in the present tense include the future, words
in the plural number include the singular number, and words in the singular
number include the plural number. The word "shall" is always mandatory and
not merely directory.
a. "City" is the City of Grand Island, Nebraska.
b. "Licensee" is the,"person, firm, or corporation granted a franchise
to operate a system under this ordinance.
c. "Council" is the City Council of Grand Island, Nebraska.
d. "Person" is any person, firm, partnership, association, corporation,
company, or organization of any kind.
e. "System" shall mean the lines, fixtures, equipment, attachments,
and all appurtenances thereto which are used in the construction, operation,
and maintenance of the community antenna television system herein authorized.
SECTION 7. Grant of Authority - Lim~ation.
Every person, firm, or corporation granted a franchise to construct,
I
install, operate, and maintain a wired or cabled television or radio system
within the corporate limits of the City of Grand Island shall use, and is
hereby restricted to the use of, the pole space allocated to the Northwestern
Bell Telephone Company in the Agreement, effective January 1, 1966, between
that Company and the "City of Grand Island Utilities Department", Provided,
it shall be unlawful for any such licensee to erect poles along or upon any
public street, way, alley, or public place within the boundaries of the City
of Grand Island, except where there are no poles in use under such joint pole
use agreement between the City and Northwestern Bell Telephone Company, or
whenever the City elects to convert an overhead electric distribution system
to an underground distribution system, or such Northwestern Bell Telephone
Company elects to convert an overhead telephone system to an underground
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system, and in either or both cases, the licensee shall be obligated to
place its concurrent system underground at licensee's sole expense, at such
locations in the streets, alleys, public ways, or public grounds, as the
City Council, by resolution, may authorize and direct.
- 2 -
ORDINANCE NO. 4238 (Cont'd)
SECTION 8. Compliance with Applicable Laws and Ordin~.
Every franchised person, firm, and corporation shall, at all times, during
the term of such franchise, be subject to all lawful exercise of the police
.
I
power of the City, and to such reasonable regulations as the City Council
shall hereafter, by resolution, or ordinance, provide (and shall fully
comply with both the "National Electrical Code 1965" of the National Fire
Protection Association, and the National Electrical Safety Code of 1960,
and all applicable rules and regulations now in effect, of, or hereafter
adopted by the Federal Communications Commission, the State of Nebraska,
and the United States Government), Provided, this ordinance shall not be
construed to require or compel a violation of any constitutional enactment
of the Federal Congress or lawful rule or regulation of any agency of the
United States government pertaining to wired or cabled television and radio
systems and services.
SECTION 9. Company liability - Indemnification.
Every such licensee shall indemnify and hold harmless the City, and
such telephone company, and each of then, and their respective successors and
I
assigns, against and from any and all claims, demands, causes of action,
damages, costs or liabilities in law or in equity of any kind and nature
whatsoever, directly or indirectly resulting from or caused by the construction,
installatbn, operation, or maintenance of the franchised system within the
corporate limits of the City. Every such licensee shall, during the term of
his, their, or its franchise, maintain in full force and effect, written by
a company or companies authorized and qualified to do business in the State
of Nebraska, and serviced through an authorized agent doing business within
the City of Grand Island, and satisfactory to the City and such telephone
company:
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(a) Workmen's Compensation Insurance in compliance with the laws of
the State of Nebraska, and employee's liability insurance with
limits of $100,000;
(b) Bodily Injury Liability Insurance with limits, for bodily injury,
$250,000 for each person, and $500,000 for each occurrence; and
(c) Property Damage Liability Insurance with limits of $200,000 each
accident, and $500,000 aggregate; and
- 3 -
ORDINANCE NO. 4238 (Cont'd)
failure to carry and maintain such insurance in full force and effect and
furnish continuing evidence thereof, in the required amounts may, in the
discretion of the City Council, result in termination of such franchise in
.
I
the manner and under the conditions otherwise specified in this ordinance.
Licensee assumes all risk of loss, damage, or destruction of or to licensee's
equipment and other property by the City, its departments, officers, and
employees, or resulting from, or attributable to the condition of any public
street, alley, or other public place, other than wilful and deliberate mis-
conduct on the part of any official or employee of the City.
SECTION 10. Performance Guarantee.
Every applicant hereunder shall, together with its application for
franchise hereunder, and acceptance of the terms and conditions of this
ordinance, file with the City Clerk a U.S. Treasury Department approved
corporate surety performance bond in the amount of Twenty-Five Thousand
Dollars ($25,000), which will be discharged and released in case of the
completion of installation of the system as herein required within twenty-
I
four (24) mcrths after the date of commencement of construction, Provided,
the licensee commenced construction within one hundred twenty (120) days
and shall have completed the construction of the system and is offering
wired or cabled television or radio service to not less than one hundred
per cent of the land area 'within the corporate limits of such City existing
on April 1, 1966, within such twenty-four (24) months; further, Provided,
the preparation of a basic survey of the City and the engineering specifications
of the proposed system shall constitute the starting or commencement of
construction hereunder, and, further, Provided, a map of such basic survey
shall be filed with the City Manager within such one hundred twenty (120) days.
SECTION 11. Service Standards.
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a. Every licensee shall maintain and operate the system and render
efficient service in accordance with the rules and regulations as are or may
be set forth by the Council, or agency of the United States government having
jurisdiction over such wired or cabled television and radio systems and services,
Provided; however, the licensee shall operate the system so that there will
be no interference with television reception, radio reception now in use by
the City or any persons in the City.
- 4 -
ORDINANCE NO. 4238 (Cont'd)
b. Every licensee shall carryall signals of every television station
where the community antenna television system tower or towers and antenna
equipment are located within the Federal Communication Commission approved
predicted Grade B contour line of that~levision station. The television
signals at no time shall be altered, interrupted, or blacked out in any way
by the licensee.
.
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c. The community antenna television system shall maintain at all times:
1) Use all band equipment capable of passing the entire VHF
television and FM radio spectrum.
2) Equipment that passes standard color television signals
without perceptive degradation and no noticeable effect on color
fidelity and intelligence.
3) Provide a minimum level of 1,000 microvolts at the input
terminals of not to exceed two TV receivers on the line; additional
sets will warrant additional line services and changes.
4) Provide that the system and all equipment be designed and
rated for 24-hour per day continuous operation.
5)
6)
three
Provide a signal-to-noise ratio of not less than 42 decibels.
Provide a television signal with a hum modulation less than
per cent.
7)
Use components having voltage standing wave ratio of 1.4 or less.
8) Provide an inter-modulation distortion not to exceed minus
52 decibels.
I
9) Provide that the plot of gain versus frequency across any six
megacycle channel is to be a flat plus or minus one decibel.
d. A licensee will immediately install for the operation of the system
in the City of Grand Island a twelve channel system capable of transporting
and relaying all twelve channels and will provide an initial service of at
least six channels of vidio and/or audio service, one of which shall be the
state ETV channel; one a public service channel; and one, when reasonably
available, the program output of F-M radio stations furnishing background
music; and, the licensee further will be obligated to improve the variety
of service as the availability of signals make it practical.
e. Every licensee, any and all of its officers, agents, and employees,
are specifically prohibited from engaging in the sale, service, rental, or
leasing of television receivers, radio receivers, or television or radio
receiver related parts and accessories with any person, anywhere in the city,
whether for a fee or charge or not, excepting only the connection of television
receivers to the licensee's community antenna system. Every licensee shall
prohibit any of its officers, agents, and employees from violating the terms
of this section at all times, whether in the performance of duties of the
licensee or otherwise.
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f. Prohibition - Pay Television, Music Servic~_!dvertising, and/or
Regulated Pub~~_Utilities.
1) No licensee shall use a system for advertising purposes for pay,
or for others, nor shall the licensee transmit over any of its equipment
any commercial information or advertising, except that which is received
from a regular broadcasting station and merely relayed to the subscribers
in the same manner as is received from such broadcasting station with its
normal program, without Council approval. The licensee shall have the
right to advertise its own service over its system, and may be permitted
to carry advertising known as due bill advertising for travel, hotel, or
sales promotion items.
- 5 -
ORDINANCE NO. 4238 (Cont'd)
2) A licensee, any and all of its officers, agents, and employees
shall not indicate and shall not recommend, in any manner, a specific
sale or service establishment, or individual be used for the sale or
service of any television set.
.
I
3) Every licensee shall render said service under this agreement
to all schools and educational institutions within the City, whether
private or parochial, and to the Golden Age Village, with the under-
standing that said service will be to a convenient point to the
exterior of the said school and in no way shall be intended to furnish
service to points within the school proper. Every licensee shall
furnish to the City without charge such connections as may be required
for regulation and supervision of the franchised system, not exceeding
three, and shall provide without charge monthly service thereafter,
provided that such connections be located in public buildings in areas
being served by the franchised system.
g. Every program which a licensee carries from any television station
shall be carried in its entirety and without change.
h. Service shall be provided hereunder in areas added or annexed, from
time to time, to the City, within a reasonable time.
i. Every licensee shall provide and keep accurately calibrated test equip-
ment on hand in the City at all times for the testing of all service and
operational standards outlined in this ordinance, and shall conduct these
tests as requested by the City under the supervision of a City representative
in order to establish the level of performance of the system.
j. Every licensee shall provide a local service channel providing local
weather information and time information with continuous background music.
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k. Notice of Interruption for Repairs.
Whenever it is necessary to shut off or interrupt service for the
purpose of making repairs, adjustments, or installations, a licensee shall
do so at such time as shall cause the least amount of inconvenience to its
customers, and unless such interruption is unforseen and immediately necessary,
it shall give reasonable notice thereof to its customers.
SECTION 12. Licensee Rules.
The licensee shall have the authority to promulgate such rules,
regulations, terms, and conditions governing the conduct of its business
as shall be reasonably necessary to enable the licensee to exercise its
rights and to perform its obligations under this Franchise Ordinance and to
assure an uninterrupted service to each and all its customers, provided,
however, that such rules, regulations, terms, and conditions shall not be
in conflict with the provisions hereof and shall be filed with the City and
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.
shall be subject to the approval of the City.
SECTION 13. City Rules.
The right is hereby reserved to the City to adopt, in addition to the
provisions herein contained in existing applicable ordinance, such additional
regulations as the City may find necessary in the exercise of the police power,
provided, such regulations by ordinance or otherwise shall be reasonable and
not in conflict with the rights herein granted.
- 6 -
ORDINANCE NO. 4238 (Cont'd)
SECTION 14. Resident Manager.
A licensee shall, throughout the entire duration of this Franchise
Ordinance, maintain an office, open to the public during all reasonable
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I
business hours, within the City, and the licensee shall require one of its
officers, and/or principal stockholders to be a resident manager of the
system, and such person shall reside and be active in the management of
the system in the City throughout the duration of this Franchise Ordinance.
SECTION 15. Preferential or Discriminatory Practices Pro~bited.
A licensee shall not, as to rates, charges, service, facilities, rules,
regulations, on in any other respect, make or grant any preference or
advantage to any person, nor subject any person to any prejudice or
disadvantage.
SECTION 16. Reco~~ and Reports.
The City shall have access at all reasonable hours to all of a
licensee's plans, contracts and engineering, accounting, financial,
statistical, customer and service records relating to the franchised
I
system and the operation of the licensee, and all other records required
to be kept hereunder. The following records and reports shall be filed
with the City Clerk and in the local office of the licensee.
1) Licensee Rules and Regulations. Copies of such rules, regulations,
and terms and conditions adopted by the licensee for its business.
2) Revenue. An annual report showing total revenues and gross receipts
shall be filed in the office of the City Clerk on or before January
20 next following.
SECTION 17. Procedure After Termination or Revocation.
Upon the revocation of any franchise by the Council, or at the end of
the term of any franchise, the City shall have the right to determine whether
the licensee shall continue to operate and maintain its distribution system,
pending the decision of the City as to the future maintenance and operation
of such system.
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SECTION 18. Penalties.
Any person, firm, or corporation, violating any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined in an amount not exceeding One Hundred Dollars, or
be imprisoned in the City jail for a period not exceeding thirty days, or
be both so fined and imprisoned. Each day such violation is committed or
permitted to continue shall constitute a separate offense and shall be
punishable as such hereunder. Provided, that any violation by a licensee,
- 7 -
ORDINANCE NO. 4238 (Cont'd)
its assignee, or successors, of the provisions of this ordinance, or any
material portions thereof, or the failure promptly to perform any of the
provisions thereof, shall be cause for the forfeiture of the franchise
.
I
issued to such licensee, and all rights hereunder, to the City, after
written notice to the licensee, assignee, or successor, and continuation
of such violation, failure, or default.
SECTION 19. Separability-.
If any section, subsection, sentence, clause, phrase, or portion of
this ordinance is for any reason held to be invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not
affect the validity of the remaining portions thereof.
SECTION 20. Ordinances Repealed.
All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
SECTION 21. Effecttve Date.
I
This ordinance shall take effect immediately, and is hereby directed
to be published in pamphlet form and distributed as directed by the President
of the Council.
Enacted the 7th day of March, 1966.
~':h~ (v"
L,~/ \~.......
. ',.,. . '
I"_J " h. ~.{o>:
President of the Council
:;9?~
Clty Clerk
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- 8 -
1PPRtllEIJ
__fN/:f2[eL
ORDINANCE NO. 4239
-
-A-
An ordinance levying an annual occupation tax against any
franchised person, firm, or corporation hereafter constructing,
.
I
installing, operating, or maintaining wired or cabled television
or radio systems within the boundaries of the City of Grand Island;
fixing the time for payment of such occupation tax; requiring a bond
for performance of such franchise and payment of such tax and monthly
reports; providing for audit of gross monthly service revenues; providing
penalties for default in payment of such tax; providing for separability
of provisions of such ordinance; and, to provide the effective date thereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND,
NEBRASKA:
SECTION 1. For the privilege of a franchise to construct, install,
operate, or maintain in or along the streets, alleys, and public ways,
or elsewhere, within the corporate limits of the City of Grand Island
in Hall County, Nebraska, wired or cabled television or radio system and
I
services, each and every person, firm, or corporation granted a franchise
pursuant to Section 19-2802, Reissue Revised Statutes of Nebraska 1943,
authorizing the same, shall pay to the City Treasurer of such City of
Grand Island, and, there is hereby imposed on every such person, firm,
or corporation, an annual occupation tax at the rate of and equal to
five per cent of the total revenues and gross receipts (including but not
limited to monthly service revenues; installation charges in excess of
$25 for not to exceed two TV receivers on the line; and connection charges
to subsequent occupants) arising out of the operation of a wired or cabled
television or radio system and services within the corporate limits of such
City of Grand Island.
SECTION 2. Such occupation tax, and taxes, hereinbefore levied shall
I
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be due and payable on May first of each year.
SECTION 3. No such franchise shall be granted unless and until the
applicant shall have furnished a bond with corporate surety authorized
to do business in the State of Nebraska, and countersigned by a Nebraska
authorized agent or attrney, in the penal amount of $ 25.000.00
and conditioned for the payment of such occupation tax and for faithful
performance by the principal of each and every obligation and requirement
of such franchise, Provided, such bond, upon the agreement in writing ~_
- 1 -
ORDINANCE NO. 4239 (Cont'd)
of the principal to make monthly accounting to the City Manager and
payment in escrow to a national bank or qualified trust company with
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I
its principal place of business in Grand Island, of such occupation
tax from month to month, may be for the penal amount of $ 3,000. oq
SECTION 4. Every such franchised person, firm, and corporation
shall make monthly sworn reports in writing on forms furnished by the
City Manager to the City Manager on or before the
15
th day of
each succeeding month, setting forth the amounts and sources of total
revenues and gross receipts of the business for the preceding month,
Provided, unpaid earned charges shall constitute revenues hereunder.
SECTION 5. The City Manager, or his agents, may audit the records
of each franchised person, firm, or corporation at least once each
calendar year for the purpose of verifying the accuracy of the reports
submitted under Section 4 and Section 3 of this ordinance, and each
franchised person, firm, or corporation shall keep his, their, or its
books and records available for such audit at reasonable times during
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the regular business day.
SECTION 6. If any franchised person, firm, or corporation fails
to make the reports herein required, or payment of occupation tax here-
inbefore required for a period of more than thirty days, such person,
firm, or corporation shall forfeit all right to operate and maintain
wired or cabled television or radio system and services within the
corporate boundaries of the City of Grand IsI~nd, Provided, such
forfeiture shall not relieve such person, firm, or corporation from
the obligation to pay occupation tax hereunder upon the total revenues
and gross receipts of such licensed system, or from compliance with any
other of the terms and conditions of such franchise.
SECTION 7. Issuance of a franchise to construct, install, operate,
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or maintain a wired or cabled television or radio system and services
within the corporate limits of the City of Grand Island shall not limit
or restrict the power and authority of a subsequent city council lawfully
to amend this ordinance.
- 2 -
ORDINANCE NO. 4239 (Cont'd)
SECTION 8. Each section and each provision or requirement of
each section of this ordinance shall be considered separately and
the invalidity of any portion hereof shall not affect the validity
.
I
or enforcibility of any other portion.
SECTION 9. This ordinance shall take effect, as by law
provided, from and after its passage, and publication within thirty
days in one issue of the Grand Island Daily Independent.
Enacted this
7
day of
March
, 1966.
c...-""}h) (~~-~..,-.
'. . / ,,-) ,
(-:;7'f} vJ"^4 '":'~~V~~h',,
President of the Council
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J5;E.. ..' AfPROYED .
" ,P
.-..
ORDINANCE NO. 4240
An ordinance ratifying and confinning the sale of certain real
.
I
estate by the City of Grand Island, Nebraska, to Max J. Cornelius
and Ruth Cornelius; ratifying and confirming Ordinance No. 2175;
and, providing for the filing of a remonstrance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. The sale and conveyance to Max J. Cornelius
and Ruth Cornelius, pursuant to Ordinance No. 2175, duly passed
and approved by the Mayor and City Council of the City of Grand
Island on February 18, 1948, of the following described real
property in Hall County, Nebraska, to-wit:
Lots 3, 5, and East One-Half of Lot 7, Block 4,
College Addition to West Lawn, an Addition to the
City of Grand Island,
is hereby ratified and confirmed.
SECTION 2. Notice of this confirmation of such sale shall
I
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, by the City Clerk.
SECTION 3. Authority is hereby granted to the electors of
the City of Grand Island to file a remonstrance against the rati-
fication and confirmation of the conveyance of such described real
property; if a remonstrance against such sale, signed by legal electors
of said City equal in number to thirty per cent of the electors voting
at the last regular municipal election held in such City be filed
with the City Council within thirty days of the passage and publication
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of such ordinance, this ordinance shall be of no force and effect to
ratify and confirm such sale.
Enacted this
2.. ?lrI~
day of CC's-'/o--L'-~~~')./
, 1965.
c.
AT'rEST:
f) ..j~ }'lA-.~6VV
(7' Ci ty Clerk
"~.-
. lPPIWUD
rl1ii .
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ORDINANCE NO. 4241
An ordinance pertaining to zoning a certain area beyond the
corporate boundaries of the City of Grand Island, Nebraska, namely:
.
I
A "certain tract of land in Sections Eleven (11) and Twelve (12), all
in Township Eleven (11) North, Range Nine (9) West of the 6th P.M.,
Hall County, Nebraska; changing the classification of such area from
A-Residence to B-Business classification; directing that such change
and reclassification be shown on the official zoning map of the City
of Grand Island, and amending the provisions of Ordinances numbered
3699, 3853, and 4023 to conform to such reclassification.
~REAS, the immediate and projected development in the herein-
after described area involves multiple requests for rezoning from
A-Residence classification to B-Business classification;
;~.
1N.HEREAS, the Henningson, Durham and Richardson General Development
Plan (Janu~ry 1964) as adopted by this Council on October 19, 1964,
considers as adapted to business use the area approximately hereinafter
described;
I
~REAS, the Planning Commission of the City of Grand Island on
September 13, 1965, recommended that such hereinafter described area
be zoned from A-Residence classification to B-Business classification;
1N.HEREAS, after ndice as required by Section 79-4,151, R.S. Supp.
1963, the Board of Education of School District No. 74 has consented to
such rezoning; the Board of Education of Northwest High School has
approved such rezoning with recommendation; and School District No. 1
is deemed to have failed to make written recommendation;
WHEREAS, notice of public hearing on November 29, 1965, on such
change in zoning classification has been published by the City Clerk in
the Grand Island Daly Independent one time, more than ten days prior to
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such hearing date, and notice has been posted in conspicuous places on
and near the areas proposed to be rezoned; and
1N.HEREAS, said area was heretofore zoned and classified as A-Residence
district by Ordinances numbered 3699, 3853, and 4023, by authority of
Section 16-901, Revised Statutes of Nebraska, 1943, Reissue;
- 1 -
NOW, THEREFORE, after public hearing on November 29, 1965, the
City Council finds that the area hereinafter specifically described
should be rezoned to B-Business district classification;
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
.
I
SECTION 1. That the tract of land in the South Half (st), and
the Southeast Quarter of the Northeast Quarter (SEtNEt) of Section
Eleven (11); and in the Northwest Quarter of the Southwest Quarter
(NWtSwt) and the Southwest Quarter of the Northwest Quarter (SWtNWt)
of Section Twelve (12), all being in Township Eleven (11) North, Range
Nine (9) West of the 6th P.M., Hall County, Nebraska, more particularly
described as follows:
I
Beginning at the southwest corner of said Section Eleven
(11); thence running north on the west line of said Section
Eleven (11) to the center line of U.S. Highway No. 30; thence
running northeasterly on the center line of U.S. Highway No. 30
through said Sections Eleven (11) and Twelve (12) to the east
line of the Southwest Quarter of the Northwest Quarter (SWtNWt)
of said Section Twelve (12); thence running south on the east.
line of the Southwest Quarter of the Northwest Quarter (SWtNWt)
of said Section Twelve (12) to a point perpendicular to and
three hundred (300) feet distant from the center line of U.S.
Highway No. 30; thence running southwesterly on a line parallel
to and three hundred (300) feet perpendicular to the center line
of U.S. Highway No. 30 to the north line of a tract of land
recorded in Deed Book 139 at Page 38 in the office of the Register
of Deeds of Hall County, Nebraska, the north line of said tract
being perpendicular to the west line of said Section Twelve (12)
at a point two hundred forty-six (246) feet south from the north-
west corner of the Southwest Quarter (swt) of said Section Twelve
(12); thence running west on the north line of said tract recorded
in Deed Book 139 at Page 38 to the west line of said Section T'welve
(12); thence running south on the west line of said Section Twelve
(12) to a point perpendicular to and three hundred (300) feet
distant from the center line of U.S. Highway No. 30; thence
running southwesterly on a line parallel to and three hundred
(300) feet perpendicular to the center line of U.S. Highway No. 30
to the east line of the West Half of the Southeast Quarter (WtSEt)
of said Section Eleven (11), said line also being the east line
of Lot Four (4), Voss Subdivision; thence running south on the
east line of the West Half of the Southeast Quarter (wtsEi) to
the north line of the South Half of the Southeast Quarter (StSEt)
of said Section Twelve (12); thence running west on the north
line of the South Half of the Southeast Quarter (StSEt) of said
Section Twelve (12) to the west line of Lot Five (5) in said Voss
Subdivision; thence running south on the west line of Lot Five (5)
in said Voss Subdivision to the southwest corner of Lot Five (5)
in said Voss Subdivision; thence running west on the south line
of Lot Six (6) in said Voss Subdivision to a point perpendicular
to and three hundred (300) feet distant from the center line of
U.S. Highway No. 30; thence running southwesterly on a line parallel
to and three hundred (300) feet perpendicular to the center line
of U.S. Highway No. 30 to the east line of the Southwest Quarter
of the Southwest Quarter (swtswt) of said Section Eleven (11),
said line also being the east line of Stehr Subdivision; thence
running south on the east line of the Southwest Quarter of the
Southwest Quarter (swtswt) of said Section Eleven (11) to the
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_2 _
.
I
east prolongation of the south line of Lot Ten (10) in said
Stehr Subdivision; thence running west on the east prolongation
of the south line of Lot Ten (10) and on the south line of
Lots Ten (10), Eleven (11) and Twelve (12) in said Stehr Sub-
division to the east line of Lot Two (2) in said Stehr Sub-
division; thence running south on the east line of Lot Two (2)
in said Stehr Subdivision to the south line of said Section
Eleven (11); thence running west on the south line of said
Section Eleven (11) to the southwest corner of said Section
Eleven (11), being the point of beginning~
be, and the same is, hereby rezoned and reclassified and changed to
"B-Business District" classification.
SECTION 2. That the official zoning map of the City of Grand
Island be, and the same is, hereby ordered changed and amended in
accordance with this ordinance.
SECTION 3. That the ordinances numbered 3699, 3853, and 4023,
be, and the same hereby are, amended to reclassify the above described
areas as "B-Business District".
SECTION 4. That this ordinance shall take effect as by law
p~ided, from and after its passage, and publication within thirty
I
days in one issue of the Grand Island Daily Independent.
Enacted this
s
day of
c&-L./(O~-vv~~
, 1965.
c:!3:1;i/V~. .. <(c:..2r.I''\
President of the Council
ATTEST:
r. <
/-/)L-/
,/) l/'l~L U~
City Clerk
I
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.
.~ ~
OF~INANCE NOo 4242
An Ordinance providing for vacations, special leave,
sick leave and sick benefits for employees of the City
of Grand Island, Nebraska; authorizing compensation for
overtime labor and a uniform method of calculating such
overtime; providing for publication of this Ordinance in
pamphlet form; and repealing Sections II through Section
XIV of Ordinance No. 4147, and all other ordinances and
parts of ordinances in conflict herewith.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY /OF GRAND ISLAND, NEBRASKA:
Section I. DEFINITIONS
A. Annivers~ Date
Armiversary date, as used in this Ordinance, shall mean
the calendar day of commencement of employment with the
Ci ty of Grand Island by a specific employee. An anni-
versary date will be adjusted to exclude calendar days
of absence vdthout leave, of suspension and of absence
wi th leave wi thout pay.
B. Continuous Employment
Continuous employment shall mean the time from original
employment to the current date of. employment excluding
the calendar days when an employee is absent without
leave or when an employee is absent with leave Hithout
pay and periods while an employee is undE?r suspension.
An employee irJ"110 returns to vnrk following a resignation
or a discharge, shall be considered as a new employee
and previous employment will not be considered a part of
continuous employment.
C. Employee
The word employee as used in this Ordinance shall be'
defined as a person assigned to a job classification,
or class title under the salary ordinance of the City
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of Grand Island. An employe e may be defined as:
(1) Regular, full-time. This person is expected to
work at least 40 hours per week for a full year in his
assigned classification.
(2) Regular, part-time. This person may be employed on
a. regular schedule of less than ho hours per week
throughout a y€ar..
(3) Temporary. This person may be employed for any
number of hours per week in positions declared to be_
seasonal or temporary in nature. This person may be
assigned to a classification temporarily vacated by a
regular employee 'While on military duty or other author-
ized absence..
D. Employment Year
The words employment year, as used i1;1 .this Ordinance,
s~l mean one calendar year between' an employeets
annivers~ dates, or his adjusted anniversary dates, as
the case may be..
E. Holidays
(1) The term holiday shall mean the twenty-four (2L)
hour period starting at midnight and ending at midnight
of the day observed..
F. Resident
A resident, for the purpose of this Ordinance, shall be
defined as a person who has qUalified as 8.tl. elector in
the City of Grand Island under the State Statutes, ora
person under twenty-one (21) years of age who maintains
and regularly resides in living accommodations within
I the corporate limits of the City of Grand Island.
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G. Shift Worker
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of Grand Island~ An employe e may be defined as:
(1) Regular, full-time. This person is expected to
work at least 40 hours per week for a full year in his
assigned classification~
(2) Regular, part-time. This person may be employed on
a regular schedule of less than 40 hours per week
throughout a year.
(3) Tempo.rary. This person may be employed for any
number of hours per week in positions declared to be
seasonal 0.1' temporary in nature. This person may be
assigned to. a classification temporarily vacated by a
regular employee while on military duty or other author~
ized absence~
D. Employment Year
The words employment year, as used i1.1 .this Ordinance,
s~l mean one calendar year between' an employeers
anniversary dates, or his adjusted anniversary dates, as
the case may be.
E. Holidays
(1) The term holiday shall mean the twenty-four (24)
hour period starting at midnight and ending at midnight
afthe day observed.
F. Resident
A resident, for the purpose of this Ordinance, shall be
defined as a person who has qualified as 8D elector in
the City of Grand Island under the State Statutes, ar a
person under twenty-one (21) years of age who maintains
and regularly resides in living accommodations within
the corporate limits of the City of Grand Island~
G. Shift Worker
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(1) A shift worker is an employee whose normal work day
consists of an eight (8) hour shift, which is a part of
a t wenty-faur (24) hour per day operation, 365 days per
year .
H. Suspension
Suspension is a form of discipline. It consists of re-
lieving an employee from work without pay for a specific
period of time depending upon the seriousness of the
occurance bringing about the disciplinary action.
Section II. RESIDENTIAL REQUIREMENTS
A. An employee, in order to continue as an employee,
shall be a resident of the City of Grand Island. If,
at the time of his original appointment as an employee,
he is not a resident of the City, he shall be granted a
reasonable time within which he may become a resident of
the City. Employees who, on January 1, 1966, are not
residents of the City shall become residents of the City
as quickly as possible. Such a change shall be accom-
plished by not later than December 31, 1966. Loss of
status as an elector in the City of Grand Island will be
a cause for dismissal.
Section III. VACATIONS
A. Regular Employees
A regular full-time employee of the City of Grand Island
is entitled to an annual vacation earned upon the com-
pletion of a full year of continuous employment.
(1) Each anployee is allowed five (,) working days
annual vacation after his!f'irst anniversary of employ-
ment.
(2) Each employee is allowed ten (10) working days
annual vacation after his second anniversary date and
each succeeding anniversary date through the IJ../th anni-
versary date.
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(1) A shift worker is an employee whose normal work day
consists of an eight (8) hour shift, which is a part of
a twenty-four (24) hour per day operation, 365 days per
year .
H. Suspension
Suspension is a form of discipline. It consists of re-
lieving an employee from work without pay for a specific
period of time depending upon the seriousness of the
occurance bringing about the disciplinary action.
Section II. RESIDENTIAL REQUIRE}1ENTS
A. An employee, in order to continue as an employee,
shall be a resident of the City of Grand Island. If,
at the time of his original appointment as an employee,
he is not a resident of the City, he shall be granted a
reasonable time within which he may become a resident of
the City. Employees who, on January 1, 1966, are not
residents of the City shall become residents of the City
as quickly as possible. Such a change shall be accom-
plished by not later than December 31, 1966. Loss of
status as an elector in the City of Grand Island will be
a cause for dismissaL.
Section III. VACATIONS
A. Regular Employees
A regular full-time employee of the City of Grand Island
is entitled to an annual vacation earned upon the com-
pletion of a full year of continuous employment.
(1) Each anployee is allowed five (5) working days
annual vacation after his first anniversary of employ-
ment.
(2) Each employee is allowed ten (10) working days
annual vacation after his second anniversary date and
each succeeding anniversary date through the lLth anni-
versary date.
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0) Each employee is allowed fifteen (15) working days
annual vacation after his 15th and each succeeding anni-
versary date.
B. Regular Part-Time Employees
(1) A regular part-time employee of the City of Grand
Island shall be granted a reduced vacation with pay pro...
rated in the ratio of his regular work week to a forty
(40) hour work week. Such vacation shall be earned for
continuous years of employment in the same manner as a
regular full-time employee.
C.. Scheduling of Vacations
(1) Each employee will be expected to take his earned
vacation in periods of not less than 1 calendar week at
one time during the year following his employment anni-
versary date. As it can be scheduled with the approval.
of the department head, a report of absence shall be filai
in the office of City Manager by each employee approved
by'the department head prior to the taking of such iTa-
cation. Earned vacation will be carried over into the
next employment year only under unusual circumstances
and only with the prior approval of the department head
and City Manager. Such a carry-over of vacation must be
used wi thin the next employment year or be lost to the
employee.
D. Vacation Rights at Termination of Employment
(1) Each employee who terminates his employment by
giving the City a minimum of two week's notice of such
termination and each employee whose employment shall be
tenn.1nated by the City, shall be entitled to compensa-
tion for his earned and unused vacation from his last
anniversary date for each full month's employment after
such date.
(2) Earned Vacation for Deceased Employees
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An employee's earned and unused vacation accumulated
since his last anniversary date for each full month's
employment to the date of an in=service death, shall be
paid to the deceased personal representative, if such is
determined, or to the next of kin upon the execution by
such next of kin of a surety bond protecting the City-
from further claims by the estate&
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Vacation Schedules for Fire Department Employees -
Combining Vacation and Compensated Holidays
(1) Employees having less than one year's service wi.ll
receive no vacation time and will continue to work every
third day while their platoon is on vacat ion. These men
1dll receive holiday pay for holidays worked.
(2) Employees having one year's service will receive
seven days vacation and one holiday for a total of eight
(8) days off. These men will be paid for any additional
holidays worked. After the end of their vacation period,
they shall commence to work on their regular platoon T s
schedule.
(3) Employees vr.i. th two year i s service and less than
fifteen (15) year's service will receive fourteen (lb)
days vacation and six (6) holidays for a total of 20
days off. These men will be paid for one additional
holiday.
(b) Employees with fifteen (15) year's or more serv:i.ce
Hill receive tHenty (20) days vacation. These men shall
be paid for seven (7) holidays.
(5) All holiday pay shall be paid on a separate payroll
at the end of the calendar year.
Section IV. HOLIDAYS
A. Official Holidays Declared, Closing of Offices
The follovr.i.ng named days are determined to be official
holidays for City employees:
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Ne'tf Year I s Day - January 1
NeJ:TD rial Day - May 30
Independence Day - July 4
Labor Day - 1st Monday in September
Veteran1s Day - November 11
Thanksgi ving Day - 4th Thursday in November
Christmas Day - December 25
The City Hall offices, except Police, and such other
offices as can be operated in that manner shall be closed
on such da,ys. If an official holiday shall occur on a
Saturda,y, 't\Then such offices are normally closed, the
holiday shall be determined to occur on the Friday just
preceding. If a said holiday shall occur on a Sunday,
when such offices are normally closed, the holiday shall
be deterrnined to occur on the Monday following.
B. Employees Not Required to Work on Holidays
Each employee, regular full-time and regular part-time,
vrho is not required to be on duty, will be allo1rJed to
be absent from work without loss of pay on an official
holiday; provided, that such employee shall not be ab-
sent 1~_thout leave on either the day prior to nor the
day after such holiday in order to qualify for said holi-
day pay.
C. E~ployees Whose Duties will not Allow them to be
Absent on a Holiday
Employees who work in positions requiring them to be on
duty when a holiday occurs, shall have it arranged so
that another normal working day can be taken off to
cOlnpensate for such loss. The department heads shall
arrange for such compensating days off to be granted an
employee within thirty (0) days prior to or thirty (0)
days following the official holiday.
D. Compensation in Lieu of Compensatory Time off for
Working on a Holiday
The City Manager may, in exceptional cases, approve
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p~ent to an employee whose normal working d~ requires
him to work on an official holiday and, because of lim-
ited personnel or unusual work loads~ a department head
requests such pay in lieu of a compensatory day off.
E. Holidays Falling During a Vacation Time
When a holiday occurs during a period of time that is
assigned to an employee for his vacation, he shall be
granted an additional day~
Section V. SICK LEAVE
A. How Earned and Accumulated
L All regular full-time employees shall earn one (1)
working day of sick leave with pay for each calendar
month of continuous employment.
2~ All regular part-time employees shall earn sick leave,
pro-rated in not less than one-quarter days~ proportion-
ately based upon the amount of time regularly worked""
3. Unused sick leave time may be accumulated during an
employee r s continuous term of employment to a maximum of
eighty (80) days, for a regular full-time employee and
proportionately less for the regular part-time employee.
4. An employee who is laid off from his position for
reasons beyond his control may, if reappointed within 12
months, have available for his necessary use any unused
sick leave existing at the time of his layoff" vmen an
employee is transferred to another position, any unused
sick leave which may have accumulated to his credit shall
continue to be available for his use as necessary. An
employee loses all accumulated sick leave benefits upon
his resignation.
B. How it can be Used
1. An employee eligible for sick leave with pay shall
be granted such earned leave f or the following reasons:
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(a). Personal illness or physical incapacity resulting
from causes beyond the employee r s control.
(b) . The illne ss of a member of t he employee f s household
(a spouse, children, parents, spouse's parents) that re-
quires the employee's personal care and attention. The
need for the employee to do this shall be verified by the
attending physician in a ~r.ritten statement.
(c). An enforced quarantine of the employee in accordance
with community health regulations.
(d). The death of a member of the employee's immediate
family (a spouse, children, parent, parent-in-law, brothe~
brother-in-law, sister, sister-in-law). An employee may
be allowed up to three (3) days leave for this purpose
wi th approval of the department head and City r1anager.
2. Absence for a fraction or a part of a day that is
chargeable to sick leave in accordance with these pro-
visions, shall be charged proportionately in an amount
not smaller than one-quarter of a day.
C. Physician's Statement Required
1. Sick leave with pay in excess of one (1), eight (8)
hour, working day, for reasons of personal illness or
physical incapacity, shall be granted only after presen-
tation of a ,,;rri tten statement by a reputable physician
certifying that the employee1s condition prevented him
from performing the duties of his position.
D. vvorkmen r s Compensation Adjustment
1. An employee receiving compensation under Workmen's
Compensation laws, shall receive for the duration of-such
compensation, only that portion of his regular salary
which will together ~uth such compensation, equal his
regular salary.
2. UndBr the above conditions, earned sick leave will be
charged proportionately, in increments, not less than
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one-quarter days, for that part of the pay which is sick
1 cave pay..
E.. Sick Lea.ve ~vi thout Pay
1. An employee 'tfho needs sick leave for purposes enu-
merated under !lB" above and who does not have any accrue:l
sick leave credits, may request leave 'tdthout pay. Such
a request must have a department head's approval before
it is granted, a.nd the City Manager may grant such a
leave if it is in the best interests of the City tedo
so.
F. Notification of Departments
1. The employee must. notify his immediate supervisor of
his sickness which 'tfil1 prevent his reporting for work,
as quickly as possible, after it is known that he will
be unable to report for work. Such notice will be ~Lven
either directly through the employee or by any other
means at his disposal. Failure to make such a report
vall be considered absence ~dthout leave without pqr.
Section VI. SPECIAL lEAVE
A. To Serve as a Pallbearer
1. Special leave with pay will be gran ted, not to excee:l
one-half day, for an employee to serve asa pallbearer.
B. To Serve as a Juror
1. Special leave with pay ,Jill be granted to an employee
to serve when called for jury duty.
2. Pay received from the court for such duty shall be
given to the Treasurer. Expense reimbursement shall be
kept by the employee.
C. Ma terni ty Leave
Materni ty leave may be granted, without pay, with the
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approval of the department head and the City Managero
Commencement of absence shall not be later than the end
of the fifth month of pregnancy and earlier if the em-
ployee is unable to perform all her work assignments
efficiently. The employee shall either resign or apply
for a leave of absence. A leave of absence without pay
shall be granted such employee with the following pro-
visions:
1. .A period of six months shall be extended such regular
e:trq)loyee datj_ng from the fifth month of pregnancy.
2. That there is a reasonable possibility that employ-
ment 'Hill be available near the time the employee plans
to return to "WO rk .
3. That the employee is physically fit to fully perform
her duties in the available employment, and that assur-
ance be given that the added home duties will not in any
way adversely affect the work in the performance of her
job.
,section VII. MILITARY I,EAVE
A. For Active Training Duty, Duty with Troops or at
Field Exercises
1. All heads of departments, officers, and employees of
the City who shall be members of the National Guard of
Nebraska, the Army Reserve, Naval Reserve, Marine Corps
Reserve, Air Force Reserve, or Coast Guard Reserve, shall
be entitled to a leave of absence from their respective
duties, I^Jithout loss of pay, on all days during which
they are employed with or without pay under orders, or
authorization of competent authority, or active training
duty, or duty with troops, or at field exercises or for
instructions, for not to exceed fifteen (15) days in any
one calendar year. Such leave of absnece shall be in
addition to the regular annual leave of such emp10yeesm
BQ Active Service & Induction Examinations
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1. All officers and employees of the City of Grand Island
who leave a position, other than temporary, fat' the pur-
pose of being inducted into, enlisting in, determining
their physical fitness to enter, or performing training
duty in the Armed Forces of the United States or National
Guard of Nebraska be entitled to a leave of a bsence from
such civil employment for the period of such service,
plus ninety (90) days, without loss of status or effi-
ciency rating, and without loss of pay during the first
fifteen (15) days of such leave of absence; Provided,
such pay for the first fifteen (15) days will not be in
addition to pay received under paragraph IlAIl above.
2. The City l1anager may make a temporary appointment to
fill such vacana.y created by such leave of absence.
3. v,Jhen an employee is called to active duty and is
separated from :::aid active duty under conditions other
than dishonorable, he shall be entitled to return to his
former position or a position of like seniority, status
and the then prevailing pay, if he is s till qualified to
perform the duties of his former position. If he is not
~lalified to perform the' duties of such position upon his
return by reason of disability sustained during the S13r-
vice but is qualified to perform the duties of any other
position in the City of Grand Island classification of
positions, he shall be restored to such other position,
the duties of 1-1hich he is qualified to perform, as w-.Lll
provide him with the same seniority, status, and payor
the nearest proximation thereof consistent with the cir-
cumstances in his case. Application for reemplOYment
shall be made within ninety (90) days after he is dis-
charged from active duty. He shall not be discharged
from his former or new position without justifiable cause
Ivithin one (1) year after reinstatement.
Section VIII. REST PERIODS
A. Rest periods to be granted employees of the City
shall be allowed a fifteen (15) minute rest period during
each one-half day of work for relaxation from regular
routine of duty.
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Section IX. SERVICE A~JARDS
A. Emp1.oyee Eligibility
L Service awards "\-n.11 be made in the form of a pin
recognizing years of continuous service on a five (5) YBar
interval. basis..
B. Presentation of Awards
L These awards ,vill be presented at a council meeting
semi-annually during the months of February and August.
Thoffi employees who have earned such awards, prior to
December 31st and June 30th preceding the award times,
will be formally presented ,nth the awards at that tine.
Section X. COMPUTING HOURLY RATES OF PAY
A.. Method
1. Hourly rates of pay for persons paid on a monthly
salary, shall be computed by multiplying the monthly rate
of pay by twelve (12) and di vi. ding by the product of
fifty-two (52) multiplied by the hours per week as es-
tablished by the current salary ordinance for the em-
ployee's classification..
Section XL DISCHAllGE OF El,rPLOYEES
A. Except as othervnse provided in the Civil Service
Act, the City Manager is hereby authorized and empowered
to discharge an employee, other than an officer appointed
by the city council, for incompentency, neglect of v~rk
or duty, incompatibility, gross immorality, or other good
cause, in which case compensation of the employee shal.l
terminate upon the date of notice of dismissal. and all
accumulated benefits for sick leave shall be innnediately
cancelled.
Section XII. ESTABLISHING PAY RATES FOR AN El'1PLOYEE
CHANGING JOB CLASSIFICATIONS
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A.. Except as otherwise provided for in the State Civil
Service Statutes, when an employee is transferred from
one job to another due to lack of work, demonstrated
lack of ability, or at his own request, his rate of pay
will be affected as follows:
1.. If his existing rate of pay is within the rate range
of the new job, he will retain his existing rate.
2. If his existing rate of pay is below the minimum rate
of the rate range of the new job, his rate 1dll be in-
creased to the minimum rate of the new job.
3.. If his existing rate is above the maximum rate of the
range of the new job, his new rate v-ri.ll be the maximum
ra te of the new job.
L. Any employee tnmsferred to a job on which he has
previously worked, will take the last rate he received
on that job, provided that such last rate is above his
existing rate. If such previous rate is belov! his ex-
isting rate, there shall be added to such last rate the
total of all merit increases received by such employee
after leaving the job to which he is being retransferre~,
provided that this new rate may not exceed the maximum
of the rate range for that job.
Section XIII. OVERTIME PAY
A. Employees Entitled to Overtime Pay
1. All employees who are working in a classifi cation,
as established by the current salary ordinance, which
has a defined number of work hours shall be entitled to
overtime pay..
2. 'When the nomal work week is shown to be forty (40)
hours, it will consist of five eight (8) hour d~s,un~
less specifically prearranged differently for ro1 em-
ployee on a classification.
3. Those employees working in excess of the normal hours
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per day on the normal days per week shall be compensated
for such overtime.
B. Compensation for Overtime Work
1. \J'fuen the overtime 1t>TOrk is accomplished on other than
a holiday, it shall be shown on the time sheets and pay-
roll at a fifty (50) per cent increase in time, with the
minimum t:Lme to be one and one-half (It) hours.
2. ~llien compensation is paid, as set out in sections
covering holidays, for work performed on a holiday for a
shift. llorker, it shall be shown on the time sheets and
payroll as twice the actual number of hours 'TrJorked.
3. \,Then employees, other than shift ",Jorkers, are called
upon to 'vDrk on a holiday, such time shall be 8ho"\'II11. on
the timo sheets and payroll to be paid at a 50 per cent
increase for the actual time worked with a minimum to be
granted at the one and one-half (l~) hours. This time
is in addition to the straight time granted for the holi=
day.
Section XIV. CHANGES IN RATES OF' PAY
A. 10i:cept as otherwise provided for in the Civil Service
Act, the City 11anager, in 0 mer to secure adequate and
qualified personnel in the Department of Public Works, at
rates above the minimum salary or wages established for
the job classification, is hereby authorized and empowerro
to hire at a step between the minimum and maximum rates
of P"W for the particular classification, to compensate
for experience of the applicant in the classification,
or substantially similar experience, skill, or kno'wledge.
Section XV. RETIRE'1ENT
A. Employees Eligible for a Policemen's Pension
1. Regular full-time employees of the paid police
departmentw'ho commenced such employment, prior to
October 19, 1963, who complete twenty-one (21) years of
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such employment and who reach the age of sixty (60) shall
retire from active employment effective on the first day
of the month following the month during which the employee
reaches his 60th birthday. If the required twenty-one
(21) years of employment can not be completed prior to
the employee's sixtieth (60th) birthday, the retirement
from active employment shall become effective on the first
day of the month following the month in which the employee
completes twenty-one (21) years of employment in the paid
police department; provided, that no employee shall con-
tinue as an active employee beyond the month in which his
sixty-fifth (65th) birthday occurs.
The first mandatory retirements under this section shall
begin on April 1, 1966.
Nothing in this section shall be construed to prohibit an
employee from electing to retire earlier, if he is en-
titled to such an early retirement under other Ordinances
or State Statutes.
2. Regular full-time employees of the paid police
department who commenced such employment between October
19, 1963, and January 1, 196~who complete twenty-five
(25) years of such employment and who reach the age of
sixty (60) shall retire from active employment effective
on the first day of the month following the month during
itJhich the employee reaches his sixtieth (60th) birthday.
If the required twenty-five (25) years of employment can
not be completed prior to the employee's sixtieth (60th)
birthday, the retirement from active employment shall
become effective on the first day of the month fallowing
the month in which the employee completes twenty-five
(25) years of employment in the paid police department;
provided, that no employee shall continue as an active
employee beyond the month in which his sixty-fifth (65th)
birthday occurs.
Nothing in this section shall be construed to prohibit an
employee from electing to retire earlier, if he is en-
titled to such an early retirement under other Ordinances
or State Statutes.
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3. Regular full-time employees of the paid police depart..
ment who commence' such employment after January' 1, 1966,
who complete twenty-five (25) years of such employment
and who reach age sixty (60) shall retire from active
employment effective on the first day oi' the month fol-
lowing the month during ",hich the employee reaches his
sixtieth (60th) birthday. If the required twenty-five
(25) years of employment can not be completed prior to
the employee1s sixtieth (60th) birthday, the letirement
from active employment shall become effective on the
first day of the month folloIPring the month in vmich the
employee completes twenty-five (25) years of employment
in the paid police department; provided,1 that no eYI\Ployee
shall continue as an active ~i~loyee beyond the month in
which his sixty~>f'ifth (65th) birthday occurs.
Nothing in this section shall be construed to prohibit an
employee from electing to retire earlier, if he is en-
titled to such early retirement under other Ordinances or
State Statutes.
B. Rmployees vmo are Eligible for a Firemen! s Pension
1. Regular full-time employees of the paid fire depart-
ment who commenced such emplo;yment prior to October 19,
1963, and 1'1'ho complete tvlenty-one (21) years of such
employment, shall rctire from active employment effective
on the first day of the month following the month during
vlhich the employee completes the hrenty-first (21st) year
of employment in the paid fire department; provided, that
no enployee shall continue as an active employee beyond
the month in which his sixty-fifty (65th) birthday occurs.
The first mandato~f retirements under this section shall
begin on April l~ 1966.
2. Regular full-time employees of the paid fire depart-
ment who commenced such emploJmlent between October 19,
1963, and November 18, 1965, and who complete twenty-one
(21) years of such active employment and who have reached
the age of fifty-five (55) shall retire from active em-
ployment effective on the first day of the month fol-
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10vrIng the month during which the employee reaches the
age of fifty-five years. If an eITIployee completes twenty-
one (21) years of 2. cti ve employment after the age of
fifty-five (55) his retirement shall commence on the
first day of t he month fo11o't-Ting the month vrLthin 1'1hich
his fifty-fifth (55th) birthday occurs; provided, that
no employee shall continue as an a ctive employee beyond
the month in which his sixty-fifth (65th) birthday 0...
ccurs. An employee of the paid fire department of Grand
Island who left such employment for military service in
iJTor1d 11ar II does not have to meet the minimum age of
fifty-five to become eligible to retire.
3. Regular full-time employees of the paid fire depart-
ment 1'Tho commenced such emp10;yment after November 18,
1965, and ,.Tho complete hventy-one (21) years of such
active employment and who have reached the age of fifty-
five (55) shall retire from active employment effective
on the first day of the month follo~dng the month dlwing
117hich the employee reaches the ag;e of fifty-five (55)
years. If an employee completes twenty-one (2l) years
of active employment after the age of fifty-five (55),
his retirement shall commence on the first day of the
month follmrlng the month within ..Jhich he completes 21
years of employment; provided, that no employee shall
continue as an active employee beyond the month in which
his sixty-fifth (65th) birthday occurs. An anployee of
the paid fire department of Grand Island who shall have
left such employment for military service in Horld v'Jar
II does not have to meet the minimum age of fifty-five
(55) to become eligible to retire.
c. Employees Other Than Those Eligible for Retiremerrt
as a Member of the Police and Fire Pension Plans
1. Employees who are no t eligible for pen sions under
the Police or Fire Pension plans shall retire and shall
be taken off the City I S employment payroll effective on
the first day of the month follOl/dng the month during
which the employee reaches his sixty-fifth (65th) birth-
day.
-J7-
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2. The first mandator,y retirements under this section
shall begin on April 1, 1966.
Section XVI. REHIRING OF RETIRED EMPLOYEES
Employees who have been retired from active City employ-
ment, whether or not they are receiving pensions from
funds provided by the City, will not be eligible for
active employment pay from any City department funds.
Section XVII. VALIDITY
The invalidit,y of any section, subsection, sentence,
ylause, or phrase of this Ordinance shall not affect the
validity or enforceability of any other section, sub-
section, sentence, clause, or phrase thereof.
Section XVIII. REPEAL
That Sections II through Section XIV of Ordinance num-
bered 4147 and all other ordinances and parts of ordi-
nances in conflict herewith be, and the same hereby are,
repealed upon the effective date of this Ordinance.
Section XIX. EFFECTIVE DATE
This Ordinance shall ,take effect immediately, and is
hereby directed to be published in pamphlet form and
distributed as directed by the President of the Council.
Enacted the 27th Day of December 19
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ATTEST:
-po
City Clerk
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(1fi;.R.O:O .
I, ry
ORDINANCE NO. 4243
An ordinance to amend Section 1-7 entitled "General
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penalty; continuing violations" of Chapter 1 of the Grand
Island City Code; to provide for confinement in the city jail
for the violation of any provision of the Grand Island City Code
or any ordinance of the ordinances of the City of Grand Island;
to provide a savings clause; to repeal the original Section 1-7
as heretofore existing; to repeal ordinances or parts of ordi-
nances or provisions in the Grand Island City Code in conflict
herewith; and to provide the effective date hereof.
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BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That Section 1-7 entitled "General penalty;
continuing violations" of Chapter 1 of the Grand Island City
Code be amended to read as follows:
"Sec. 1-7. General penaltv~ continuing violations.
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Whenever in this Code or in any other ordinance or
resolution of the city or in any rule or regulation
promulgated pursuant thereto, any act is prohibited or
is made or declared to be unlawful or an offense, or
the doing of any act is required or the failure to do
any act is declared to be unlawful or an offense, any
person upon the conviction of a violation of any such
provision of this Code or ordinance or resolution of
the city or any such rule or regulation promulgated
pursuant thereto shall be punished by a fine not to
exceed one hundred dollars or confinement in the city
jail not to exceed thirty days, or both, for each offense;
and any such person shall stand committed to the city jail
until such fine and costs of prosecution are paid, secured
or otherwise discharged according to law'. Every day any
such violation shall continue shall constitute a separate
offense."
SECTION 2. That in case any part of any section of this
ordinance shall be declared invalid or unconstitutional, such
declaration of invalidity shall not affect the validity of the
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remaining portions thereof.
SECTION 3. That original Section 1-7 of the Grand Island
City Code as he~etofore existing be, and hereby is, repealed.
SECTION 4. 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.
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ORDINANCE NO. 4243 (Cont'd)
SECTION 5. That this ordinance shall be in force and
take effect as provided by law from and after its enactment
and publication within thirty days in one issue of the Grand
Island Daily Independent.
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Enacted this
(~
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"-7"
, /l''-<<L/,--_A,:'< /&f'Z
Clerk
day of ,iJ2L~---f~ 1965.
'I < /ifd-IJ _ <
(~l-rvI7~~# --t~A4r~.__
President of the Council
- 2 -
ORDINANCE NO. 4244
An ordinance creating a pension plan designed and intended
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for toe benefit of the regularly employed and appointed employees
of the City of Grand Island excluding employees subject to the
provisions of the policemenGs and firemen!s pension ordinances;
to define the terms of such plan, to prescribe the conditions for
eligibility of employees to become members of the plan; to define
the period of such membership; to provide for members! retirement;
to provide for contributions by the members and by the City of
Grand Island; to set forth the pension and other benefits for
the members of the plan, to provide the method of funding the plan;
to provide for the administration and continuance or termination of
the plan; to provide for the publication of this ordinance in
pamphlet form; to provide a savings clause; and to provide for
the effective date hereof.
BE ITdORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
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ISLAND, NEBRASKA~
ARTICLE I. CREATION OF PENSION PLAN,
EFFECTIVE DATE, DEFINITIONS
SECTION 1. Grand Island General City Employees' Pension
Plan. A pension plan, which shall be known as the Grand Island
General City Employees' Pension Plan and which is designed and in-
tended to provide retirement benefits for the regularly employed
am appointed employees of the City of Grand Island excluding em-
ployees subject to the provisions of the policemen's and firemen's
pension ordinances,.is hereby created by the City of Grand Island.
The pension plan 8.0 created sha 11 begin operation January 1, 1966,
which date shall be referred to as.the effective date.
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SECTION 2. Definitions. As used herein, unless the context
otherwise requires, the following words and phrases shall have the
following meanings:
(1) Company: The term "Company" means and refers to
a company approved by the City of Grand Island for the purpose
of administering a retirement plan~
- 1 -
ORDINANCE NO. 4244 (ContUd)
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(2) Deposit_Adm~nis~ration Fund ~ The term "'Deposit
Administration Fund',1' as used herein shall mean the sum~
for all 'members~of the Memberus Account, Employer's
Account, Past Service Account~ and Inactive Member's
Account.
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(3) Earned Income g The term "Earned Income" means
the sum of all amounts paid at regular intervals by the
employer to the member for services performed in anyone
calendar year excluding amounts paid the member for re-
imbursible expenses.
(4) Emp10vee ~ The term "Employee" m~'ansany person
excluding persons subject to the provisions of the police-
men's and firemen's pension ordinances, who is assigned to
a job classification or c1ass.title under the employer's
salary ordinance which requires active service for the
employer at least forty hours each week and at least forty-
eight weeks each year. '
(5) Employer: The term "Employer" means and refers
to the City of Grand Island.
(6) Employer's Contribution: The term "Employer's
Contribution" means the amount deposited monthly with the
company by the employer on beha lf of the member. Beginning
January 1, 1966~ and until such time as past service benefits
are fully funded, the employer's contribution for each member
shall be equal to two and five tenths percent of the member1s
earned income which is subject to Social Security taxation
in any one cal~ndar year plus five and five tenths percent
of the member's earned income in excess of the amount which
is subject to Social Security taxation in anyone calendar
year.
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(7) Member: The term "Member" means an employee of
the City oIiGrand I~land who has complied with the require-
ments as to eligibility for the retirement plan, .nd who is
making contributions to the plan.
(8) Inactive Member: 'l'he term "Inactive Member" means
a person wnose employment wier the employer ceases before he
enters into retirement. '
(9) Member's Contribution: The term "Member's Contri-
bution" means the portion of the member1searned income which
is withheld by the employer and deposited monthly with the
company. Beginning January 1, 1966, ,the member's contribution
shall be equal to three percent of the member's earned income
which is subject to Social Security tax'ation in anyone cal-
endar year plus six percent of the member's earned income in
excess of the amount' which is subject to Social Security
taxation in anyone calendar year.
(10) Past Service Contributions: The term "Past Service
Contributions" means ,the amount deposited by the employer with
the company for the purpose of funding past service benefits.
A maximum of five-tenths of one percent of the earned income
of each member will be deposited by the employer until past
service benefits are fully funded.
(11) The masculine gender shall include the feminine,
and the singular shall include the plural.
- 2 -
O~DINANCE NO. 4244 (Cont1d)
l
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II
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S.&ICTI0N 2. InmJ.q~en't' :"1 t" c'ol1.ttntd. ty '....~nd,~c,otn~.t'lti.~ ,......
, ., " ",. ;
~en,th,t'~:r:e:of. "Eutployment" forthe'the''Purposeis,n'of:'this "o'rdi-'
nl'nce only shall itlelu~e the tot..l' length"of"'contoinuous.'cttve ...
s..;"vice fortheemployer'Inc1'
's~ck le,ve:, or spec'ial leave
ordinan'ce, ,and also "'but not
the" pe'r1od of"'any"vacat'ion 'holiday .
, : . " . .' .,
IS qefi%?eq ". in the" ,emp 10ye8$ I 'pers'oI'\ne l'
,
for "tne compl;ltation' of' the num'berof
)'e.rs ofp,st service, the periqd 'of 'anylbsenc'ewith lelve without
p.y.
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Any,employ.e who, wl1'ile 'In' .~'ployee',parttc~'plte,' in"lc'tive' '
trl~niz,sduty or duty with tr'oQ~'" or'~~ f'ielcl '.xerc1s'es'or 'for'
instruction., not to 'ex~e_d . f'i'f,t'e en "'C.ys""1n''Iny''on'.' c,lend'.r:'y..r
j ,
18 . memher of t~e~ltl~l'li~l pUllrd ofN.'~a,kl,' 'ArnrY';"~8'e'rve, Navll
Re..rve, Marine Corps .ae_ierve,A~r Force:a,es.'rve,ior Co.stGQ.rd
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ae.erve shall be deeined'to, have been' on' 'spe.c1'al" 1elve.
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Any "ployee,'who, 'wW11e an employee ,fpr the p1JrpoSI"pf betn,'
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'inductldinto ,enlist'inS :in, determin'''ng'p'l'1YI'ic'alf1tn'e'ss'' ,to'ent.1;',
or plrformins trlinins ~uty in the Ax-med Porces of. the Unit'ld
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8t,tl. or 'Nationll 'Ou'lrd . of N'e'brlsk.", . ''When ordered by proper IU-
thority to Ictiv...'rv1c",.'nd who,' w1th1Zln1n'.ty'd~YI Ift.rhon~
crlble di,chl='SI or eep.,r_t10n fr~ active ~uty':r:.turn'l .to tie ..
,.:vie.of th,"emploYlr,ehll1'be"d_.ed to'nav.beenlblant with
:lelve without PlY.
~b.'eneewU:h l'I"ewi~hq?t. pay includes" In)" 1e'~ve oflbsence
withoutpl'y whichm,y"'~'r.'afte3\"begrlnted' t'o' In employee by lpe....
cill permielien of the'Oity ~ln.'Ser.
~y member Ibsent, with leave without pay may' eont'i~\8tojn.ke
contributions blsed. on'h1s".lt.'ryat t'I1'e tt~e "he"commenc.'s his'
telve ofabelnce if hedel'ire.' tocont1nue 'to" a'cqu'ire future
.ervice credit., during hi'. ,leave of, absence.
After J InuI~Y 1!,' 19 6~ ,I pe'rson' who.e"em~l'o~en t"ha's'celsed
Ind who ,m., hive been ormlythereafterber,'.emp1oyed' by the
emplo".-r ',sh,ll be' de~ed t'o hive been"empl'oyed'by' ,the' 'empl'oyer '
only from the dlte of, luch rl.employment.
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'.. .1 ...
ORDINANCE NO, 4244 (ContUd)
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Length of service shall be computed by taking into consid~
eration only full calendar months of service and for past setvice
shall be computed only on full years of service.
ARTICLE II. ELIGIBILITY FOR MEMBERSHIP
SECTION 1. General Qualification. Each employee shall be
eligible to become a member of the plan on January 1 ~ 1966~ if
he was born on or before January l~ 1944~ has been continuously
employed by the employer for the twelve months next preceding
the effective date and has not attained age sixty~four on the
effective date. Any employee who is not eligible to become a mem~
her of the plan on January 1 ~ 1966 ~ or any future employee, shall
be eligible to become a member of the plan on the first day of
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the month next succeeding his twenty~secondbirthday if he has
been continuously employed by the employer for the twelve months
next preceding his date of eligibility and has not attained age
sixty~four on or before his date of eligibility; Provided~ that
those employees who, on January l~ 1966, are not eligible to be~
come members of the plan because they have attained age sixty-
four shall be deemed to be eligible to become members of the plan
if they have been continuously employed as an employee by the em-
ployer since January 1, 1961.
SECTION 2. Period of membership. Each employee shall be-
come a member of the plan on January l~ 1966, or the first date
thereafter when he shall have met the general qualifications set
forth in the preceding section, provided~ that an employee who
becomes eligible to become a member of the plan when he is absent
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with leave without pay, shall not be eligible to become a member
until the first day of the month next succeeding his return to
active service with the City. Each employee~ upon becoming a
member of the plan~ shall have withheld from his earned income~ by
the employer~ the amount of his memberus contribution.
~ 4 =
ORDINANCE NO, 4244 (ContUd)
A person who shall have become a member of the plan shall not
thereafter lose his status as such member while he continues to
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be in the employment of the employer, and his membership shall
terminate when he ceases to be in the employment of the employer,
upqn retirement or otherwise~ and he shall be entitled only to
those benefits herein specifically provided.
ARTICLE III, RETIREMENT
SECTION 1, Retirement date. The retirement date of a member
shall be the first day of the month. following the last day of
employment with the employer. The retirement date of an inactive
member shall be the first day of the month following the month
in which he is eligible to retire and elects to.. retire.
SECTION 2. Normal retirement. Each member or inactive
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member shall retire at the end of the month in which his sixty-
fifth birthday occurs.
SECTION 3. Early.retirement. Any member or inactive member
may retire at any time after his fifty-fifth birthday with the
written consent of the employer.
ARTICLE IV. CONTRIBUTIONS - ACCOUNTS
SECTION 1. Member's Account. Each member's contributions
will be held by the company in a separate account (but nota
segregated fund) to the credit of the member. Interest will be
credited each Januaryl or on the member's termination date at
the rate of three percent per annum on the previous January 1
balance. Interest in excess of three percent per annum declared
each year by the company on Members U Accounts plus recaptures or~/
employer contributions on terminations in accordance with Sections
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2 and 3 of Article V will be allocated to the EmployersU Accounts
in the proportion that the Employer's Account for each member
bears to the total of all Employers' Accounts.
SECTION 2. Emplover's Account. The employer's contribution
for each member will be held by the company in a separate account
~ 5 ~
ORDINANCE NO, 4244 (GontDd)
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(but not a segregated fund) and accumulated at the rate of in=
terest declared each year by the company. The proper share of
expenses shall be deducted from the Employerus.Account.
SECTION 3. Past Service Account. The employerUs "past
service contributions" will beheld by the company in a separate
account (but not a segregated fund) and accumulated at the.rate
of interest declared each year by the company. The proper share
of expenses shall be deducted from the PastdServtceAccount.
ARTICLE V. .. PENS ION AND OTHER BElNEF ITS
SECTION 1. Retirement benefits. At the retirement date
of a member~ the sum of the amounts in his MemberBs Account and
his EmployerWs Account shall be combined. The combined amount
shall be called the retirement value.
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At the retirement date of an inactive member~ the amount in
his Inactive Memberns Account~ as defined in Section 2 of this
Article, shall be called the retirement value.
The retirement value shall be appliedt6purchase a monthly
annuity on the plan elected by the member or the inactive member
at any time prior to his retirement date. Such annuity may be
on the life only, ten years certain and life thereafter, fifteen
years certain and life thereafter or joint annuitant option plans,
or any other plan requested by the member or inactive member and
approved by the company. In the event that no election of plan
is made, the annuity will be on the ten year certain and life
thereafter plan.
The minimum single annuity payment will be $20. If the com~
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bined past service and future service annuity payments payable
hereunder should be less than $20 monthly, the annuity will be
made payable quarterly in advance at three times the monthly
amount. If, however, any annuity payments hereunder to a member
would amount to less than $10 a month, the company shall pay to
the member in one sum an amount equal to the MemberDs Account plus
the purchase cost of the memberus past service benefit, if any.
= 6 ~
ORDINANCE NO. 4244 (ContVd)
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SECTION 2. Benefits on termination of employment. Any
member leaving the "employment of the employer before his retire~
ment date after completing twelve months and before completing
sixty-one months as a member shall receive a lump sum payment
equal to his Member! sAccount. A terminating member having com~
p1eted sixty-one months or more as a member may elect t~ receive
a lump sum payment equal to his Member's Account. If he ~es not
elect such lump sum payrnent~ his Member's Account and Emp1dyer's
Account shall be replaced by a single account called his Inactive
Member's Account to be used to purchase a deferred annuity at a
retirement age. The amount in his Inactive Member's Account at
the date of termination shall be equal to the sum of the amounts
in his Member's Account together with a percent'age of the amount
in his Employer's Account. Said percentage shall depend on the
number of consecutive months as a member prior to the date of
termination in accordance with the following table:
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Consecutive Months as
a Member Upon Date of,
Termination
Percentage of
Employer's
Account
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60 months
61 months
62 months
63 months
etc. for each month to:
72 months
73 months
74 months
etc. for each month to:
84 months
85 months
86 months
etc. for each month to:
96 months
97 months
98 months
etc. for each month to:
108 months
109 months
110 months
or more
none
2%
4%
6%
etc.
24%
26%
28%
etc.
48%
50%
52%
etc.
72%
74%
76%
etc.
96%
98%
100%
... 7 =
ORDINANCE NO, 4244 (ContWd)
As of January 1 of each year\) each Inactive Membervs Account
will be credited with interest at three percent perHannum.
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SECTION 3, Death benefit. In the event of the death of a
member before his retirement date\) the death benefit shall be a
lump sum payment equal to his Member!s Account; Provided$) the
member has made contributions to the plan for twelvemonths prior
to the date of death or\) if the member has sixty-'one months or
more as a memberj) the death benefit shall be a lump sum payment
equal to the amount which would have been transferred to the
Inactive Membervs Account if the member had terminated on the
date of death for reasons other than death.
In the event of the death of an inactive member before his
retirement date\) the death benefit shall bea lump sum payment
equal to the amount in the Inactive Member's Account at the date
of death.
The death benefit shall be paid to the beneficiary designated
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by the member or inactive memberj) or to his personal representative
in the absence of a beneficiary designation.
Either the beneficiary or\) before the date' of death, the
member or inactive member may elect to have the death benefit paid
in installments on any form satisfactory to the company.
SECTION 4. Past service benefits. MembersHwho were first
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employed on or prior to January It 1961, and continuously employed
from that time to their date of retirement at age sixty-five will
be entitled to a past service life only annuity equal to $1 per
month for each full year of service prior to January 19 1966, up
to a maximum of ten years. Members electing to take early retire~
ment shall have their life only annuity reduced to take into
account the younger age.
ARTICLE VI. CONTINUANCE AND ADMINISTRATION OF THE PLAN
SECTION 1. Continuance of the plan. It is the expectation
of the employer that it will continue this plan and the payments
= 8 =
ORDINANCE NO, 4Z44 (ContUd)
of its contributions hereunder indefinitely~ but the same is
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not assumed as a contractual obligation of the employer and the
right is reserved to the employer by action of its City Council
at any time to discontinue this plan and its contributions here-
undero
SECTION 2. Termination of the plan . Upon termination of
the plan by the employer~ the company will distribute to the
members and inactive members the amount in the "Deposit
Administration Fund in proportion to the amount of contribu-
tions made by the members and inactive members. Upon termination
of the plan by the employer the company will determine the proper
actuarial reserve with respect to past service benefits for persons
who have retired and compare this actuarial reserve with the
amount in the past service account. If the actuarial reserve
exceeds the amount in the past service account, the past service
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benefits for those that have previously retired will. be reduced
by the ratio of the P$st service account to the actuarial re-
serves. Termination of the plan shall not have the effect of re-
vesting in the employer any part of the contributions which were
made by it.
SECTION 3.
Amendments.
,
The employer may a t any time amend
this plan in any manner which it deems desirable, but no such
amendment shall have the affect of revesting in the employer any
part of the funds theretofore contributed, nor to reduce the value
of pension or other benefits theretofore accrued to any member or
beneficiary by reason of contributions theretofore made.
ARTICLE VII. MISCELLANEOUS
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SECTION 1. 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 2.
This ordinance shall take effect on January 1,
1966.
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ORDIN~CE NO. 4244 (Conttd)
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SECTJ:.ON'3. This ordinance is hereby directed to be published
.in pamphlet form and is to be distributed as directed by the
I'resident of the Council.
Enacted this 27th day of December.li65. .
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President of the Council
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APPROVED
-Fi/.Y--
ORDINANCE NO. 4245
An ordinance to amend "Article II. Municipal Service" of Chapter
12 of the Grand Island City Code, entitled "Electricity"; to amend the
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title to Division 8 of Article II of such Chapter 12; to amend Section
12-90 of Division 8 of such Article II of such Chapter 12 as amended by
Ordinance No. 4158; to amend Section 12-56 of Division 2 of such Article
II of Chapter 12; to repeal Sections 12-55, 12-56, 12-90, 12-91, 12-92,
and 12-93 of such Article II of Chapter 12'of the Grand Island City Code
and amendments thereto, and all ordinances and parts of ordinances in
conflict therewith; to delete Sections 12-55, 12-91, 12-92, and 12-93
from such Article II of such Chapter 12 of the Grand Island City Code;
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 heading '~ivision 8. Optional Air Conditioning
Rate" of Article II of Chapter 12 of the Grand Island City Code be, and
II
hereby is amended to read as follows:
"Division 8. General Commercial Service".
SECTION 2. That Section 12-90 of Division 8 of Article II of Chapter
12 of the Grand Island City Code, be, and hereby is, amended to read as
follows:
"Sec. 12-90. General Commercial Service (Combined Light and Power)
"The rates to be applicable to energy supplied at 3 phase,
4 wire 120/208 volts through a single meter for all purposes
other than private dwelling use, shall be as follows:
First 200 KWH per Mo. at .037
Next 400 Kwh per Mo. at .026
Next 1400 Kwh per Mo. at .023
Over 2000 Kwh per Mo. at .016,
Provided, the minimum rates hereunder shall be $0.75 per month
per connected horsepower (H.P.) or fraction thereof, but not
less than $6.00 per month."
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SECTION 3. That Section 12-56 of Division 2 of Article II of Chapter
12 of the Grand Island City Code, as amended by Ordinance No. 4158, "be,
and hereby is amended to read as follows:
- 1 -
ORDINANCE NO. 424.5
Its ec. 12-.56. Appli ca bili ty , etc.
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"The residential lighting rate shall be applicable to
electrical energy supplied to single private dwellings for
lighting, ranges, water heaters, refrigerators, domestic
appliances, and motors not to exceed seven and one~half horse-
power single phase, Provided, such energy shall be served
through one meter."
SECTION~. That Sections 12-.5.5 and 12-.56 of Division 2,
and Sections 12-90, 12-91, 12-92, and 12-93 of Division 8, all
in Article II of Chapter 12 of the Grand Island City Code, and
all ordinances and parts of ordinances in conflict therewith,
be, and hereby are, repealed, Provided, all rights or remedies are
expressly saved that have accrued at the time of the effective date
of this ordinance.
SECTION.5. That each section and each provision or require-
ment of each section of this ordinance shall be considered separately,
and the invalidity of any portion thereof shall not affect the validity
of any other portion.
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SECTION 6. That Sections 12-.5.5, 12-91, 12-92, and 12-93,
as hereinbefore repealed, be, and hereby are, deleted from such
Grand Island City Code.
SECTION 7. That this ordinance shall take effect as by law
provided, from and after its passage, and publication within thirty
days in one issue of the Grand Island Daily Independent.
Enacted this
27
day of
Deoember
, 19
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CWht/"A*~A"~-rp-~
President of the Council
ATTEST:
~.<<. tt'~
U Ci ty Clerk
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